ILR 10 year route - International Agreement Worker

[LESTOU]

Hi,

I got a job recently and the company requires me to apply for the government authorised exchange visa (temporary work). If success, I will be granted for two years. This visa type has replaced the pervious Temporary Worker - Government Authorised Exchange Visa (T5). Is this new visa belongs to International Agreement Worker category?

I would like to ask that can this visa route can be counted as 10 year continuous residence? As from the government website, it only states that a standard visitor visa, short-term study visa and a seasonal worker are not included. But you know, the government website has many errors...

I remember all the T5 temporary worker visas are not included, but I am not sure right now as there is no T5 right now.

Many thanks for your help

[LESTOU]

just realized there are two different visa type: international agreement worker and government authorised exchange visa.

if the government authorised exchange visa is not apply to the continuous residence, is this breaking continuous residence?

https://www.gov.uk/international-agreem ... isation%27

https://www.gov.uk/government-authorised-exchange

[zimba]

The rules only exclude the Tier 5 and temporary seasonal worker periods. Also, note that these periods merely do not count towards the lawful 10 years but your continuity under such temporary periods remains untouched. Time spent under under such routes will break continuous residence for the purposes of the qualifying period

... time spent with entry clearance or permission as a seasonal worker does not count in the qualifying period. This includes time granted under Appendix Temporary Work – Seasonal Worker (the current seasonal worker rules) and any previous seasonal worker rules (such as paragraphs 104-109 of Part 4 of the Immigration Rules, and paragraphs 245ZM to 245ZP of the Tier 5 (Temporary Worker) rules).

https://www.gov.uk/government/publicati ... accessible

[LESTOU]

The rules only exclude the Tier 5 and temporary seasonal worker periods. Also, note that these periods merely do not count towards the lawful 10 years but your continuity under such temporary periods remains untouched. Time spent under under such routes will break continuous residence for the purposes of the qualifying period

... time spent with entry clearance or permission as a seasonal worker does not count in the qualifying period. This includes time granted under Appendix Temporary Work – Seasonal Worker (the current seasonal worker rules) and any previous seasonal worker rules (such as paragraphs 104-109 of Part 4 of the Immigration Rules, and paragraphs 245ZM to 245ZP of the Tier 5 (Temporary Worker) rules).

https://www.gov.uk/government/publicati ... accessible

You are always very helpful zimba. In this case, I need to wait another one year with different type visa after this job. Many thanks for your answer.

[LESTOU]

The rules only exclude the Tier 5 and temporary seasonal worker periods. Also, note that these periods merely do not count towards the lawful 10 years but your continuity under such temporary periods remains untouched. Time spent under under such routes will break continuous residence for the purposes of the qualifying period

... time spent with entry clearance or permission as a seasonal worker does not count in the qualifying period. This includes time granted under Appendix Temporary Work – Seasonal Worker (the current seasonal worker rules) and any previous seasonal worker rules (such as paragraphs 104-109 of Part 4 of the Immigration Rules, and paragraphs 245ZM to 245ZP of the Tier 5 (Temporary Worker) rules).

https://www.gov.uk/government/publicati ... accessible

One more question, zimba. I am currently holding a two years graduate visa, and can I work as a temporary worker with graduate visa? The UK employer asked me to apply for the government authorised exchange visa as they said they are not the sponsor and afraid to breach the immigration rules. Is this sure?

Although I will work with them, from the UK government's website, it mentioned that the role is not filling vacancies. However, the sponsor from my country side is OK with my current visa type.

Many thanks for your help.

[zimba]

You are free to work in any capacity apart from working as a professional sportsperson:

Graduates can undertake any work in the UK, including paid and unpaid
employment, self-employment and engaging in business or any professional activity.
The only restriction placed on a Graduate’s ability to work is a prohibition on working
as a professional sportsperson.

https://assets.publishing.service.gov.u ... _route.pdf

[LESTOU]

You are free to work in any capacity apart from working as a professional sportsperson:

Graduates can undertake any work in the UK, including paid and unpaid
employment, self-employment and engaging in business or any professional activity.
The only restriction placed on a Graduate’s ability to work is a prohibition on working
as a professional sportsperson.

https://assets.publishing.service.gov.u ... _route.pdf

Is this the new regulation?
"Time spent under under such routes will break continuous residence for the purposes of the qualifying period"

I cannot understand why the university insists me to apply for the T5 visa as I can use my current graduate route visa? do they need to pay extra NI or tax for me if I am on graduate visa?

[zimba]

Only clarified in the guide recently (7 July 2024) but introduced originally in October 2023
The 2023 changes: indefinite-leave-to-remain/ilr-10-year- ... l#p2128645

The guide now says this:

Treatment of time spent in the UK as a visitor, short-term student, and seasonal worker
Any periods of time with permission in any of the following routes, are not counted in the qualifying period for the purposes of long residence and will break continuous residence for the purposes of the qualifying period for long residence:

•any category of visitor granted under ‘Appendix V: Visitor’ of the Immigration Rules
•short-term student granted under ‘Appendix Short-term Student’ of the Immigration Rules
•seasonal worker granted under ‘Appendix Temporary work – Seasonal Worker’ of the Immigration Rules

Long residence guide: https://www.gov.uk/government/publicati ... accessible

As explained above, you do not need to change your visa to work in the UK

[LESTOU]

Only clarified in the guide recently (7 July 2024) but introduced originally in October 2023
The 2023 changes: indefinite-leave-to-remain/ilr-10-year- ... l#p2128645

The guide now says this:

Treatment of time spent in the UK as a visitor, short-term student, and seasonal worker
Any periods of time with permission in any of the following routes, are not counted in the qualifying period for the purposes of long residence and will break continuous residence for the purposes of the qualifying period for long residence:

•any category of visitor granted under ‘Appendix V: Visitor’ of the Immigration Rules
•short-term student granted under ‘Appendix Short-term Student’ of the Immigration Rules
•seasonal worker granted under ‘Appendix Temporary work – Seasonal Worker’ of the Immigration Rules

Long residence guide: https://www.gov.uk/government/publicati ... accessible

As explained above, you do not need to change your visa to work in the UK

Thank you for your clarification. It's a shame that the employer still ask me to change my visa to the temporary worker.

[zimba]

Ask them why. If you have the right to work why do they need you to change your visa ? Do not change your visa just because they ask you. Ask them to justify it

[vinny]

Only clarified in the guide recently (7 July 2024) but introduced originally in October 2023
The 2023 changes: indefinite-leave-to-remain/ilr-10-year- ... l#p2128645

The guide now says this:

Treatment of time spent in the UK as a visitor, short-term student, and seasonal worker
Any periods of time with permission in any of the following routes, are not counted in the qualifying period for the purposes of long residence and will break continuous residence for the purposes of the qualifying period for long residence:

•any category of visitor granted under ‘Appendix V: Visitor’ of the Immigration Rules
•short-term student granted under ‘Appendix Short-term Student’ of the Immigration Rules
•seasonal worker granted under ‘Appendix Temporary work – Seasonal Worker’ of the Immigration Rules

Long residence guide: https://www.gov.uk/government/publicati ... accessible

I think they have made a mess.

[LESTOU]

Ask them why. If you have the right to work why do they need you to change your visa ? Do not change your visa just because they ask you. Ask them to justify it

I did my best, but they refused as they said there is no EXCEPTION. Now I applied for the government authorised exchange visa (temporary worker) for two years.

I noticed that the government authorised exchange visa is differ from seasonal worker
https://www.gov.uk/seasonal-worker-visa

and also I found here

"Also, time spent with entry clearance or permission as a seasonal worker does not count in the qualifying period. This includes time granted under Appendix Temporary Work – Seasonal Worker (the current seasonal worker rules) and any previous seasonal worker rules (such as paragraphs 104-109 of Part 4 of the Immigration Rules, and paragraphs 245ZM to 245ZP of the Tier 5 (Temporary Worker) rules)"

I can't find the detailed information about the "appendix temporary work" and "previous seasonal worker rules" etc.

can you help me to check the government authorised exchange visa is in the above categories?

many thanks again

[LESTOU]

Ask them why. If you have the right to work why do they need you to change your visa ? Do not change your visa just because they ask you. Ask them to justify it

I did my best, but they refused as they said there is no EXCEPTION. Now I applied for the government authorised exchange visa (temporary worker) for two years.

I noticed that the government authorised exchange visa is differ from seasonal worker
https://www.gov.uk/seasonal-worker-visa

and also I found here

"Also, time spent with entry clearance or permission as a seasonal worker does not count in the qualifying period. This includes time granted under Appendix Temporary Work – Seasonal Worker (the current seasonal worker rules) and any previous seasonal worker rules (such as paragraphs 104-109 of Part 4 of the Immigration Rules, and paragraphs 245ZM to 245ZP of the Tier 5 (Temporary Worker) rules)"

I can't find the detailed information about the "appendix temporary work" and "previous seasonal worker rules" etc.

can you help me to check the government authorised exchange visa is in the above categories?

many thanks again

245ZM. Purpose of this route and definitions

DELETED

245ZN. Entry clearance

DELETED

245ZO. Requirements for entry clearance or leave to enter

DELETED

245ZP. Period and conditions of grant

DELETED

this is what I found from the website:https://www.gov.uk/guidance/immigration ... sed-system

[vinny]

I’m confused. What happened to your ILR?

[LESTOU]

I’m confused. What happened to your ILR?

I have 9 year continuous stay in the UK with student visa and then graduate visa. I will be able to apply for ILR in Aug. 2025 if nothing changed (and the graduate visa will be expired in early 2026), However, I found a new job and the employer insisted me to changed the visa to the government authorised exchange (temporary worker) and I've changed it recently after serious consideration.

The new resident guide says:
"Treatment of time spent in the UK as a visitor, short-term student, and seasonal worker
Any periods of time with permission in any of the following routes, are not counted in the qualifying period for the purposes of long residence and will break continuous residence for the purposes of the qualifying period for long residence:

•any category of visitor granted under ‘Appendix V: Visitor’ of the Immigration Rules
•short-term student granted under ‘Appendix Short-term Student’ of the Immigration Rules
•seasonal worker granted under ‘Appendix Temporary work – Seasonal Worker’ of the Immigration Rules"

I am not sure if my current government authorised exchanged visa is belong to the third category and I've broken the continuous stay.

"Also, time spent with entry clearance or permission as a seasonal worker does not count in the qualifying period. This includes time granted under Appendix Temporary Work – Seasonal Worker (the current seasonal worker rules) and any previous seasonal worker rules (such as paragraphs 104-109 of Part 4 of the Immigration Rules, and paragraphs 245ZM to 245ZP of the Tier 5 (Temporary Worker) rules)"

I can't find the specific document about "paragraphs 245ZM to 245ZP of the Tier 5 (Temporary Worker) rules" from the government website anymore.
https://www.gov.uk/guidance/immigration ... sed-system

So I am just want to make sure that I have Zero hope to apply for the ILR next year

[vinny]

I’m confused. What happened to your ILR?

I have 9 year continuous stay in the UK with student visa and then graduate visa. I will be able to apply for ILR in Aug. 2025 if nothing changed (and the graduate visa will be expired in early 2026), However, I found a new job and the employer insisted me to changed the visa to the government authorised exchange (temporary worker) and I've changed it recently after serious consideration.

Please explain:

I have been granted a 5-year route Indefinite Leave to Remain (ILR)

[LESTOU]

I’m confused. What happened to your ILR?

I have 9 year continuous stay in the UK with student visa and then graduate visa. I will be able to apply for ILR in Aug. 2025 if nothing changed (and the graduate visa will be expired in early 2026), However, I found a new job and the employer insisted me to changed the visa to the government authorised exchange (temporary worker) and I've changed it recently after serious consideration.

Please explain:

I have been granted a 5-year route Indefinite Leave to Remain (ILR)

Oh that's my husband, not me, sorry for using the same account

[vinny]

See also Tier 5 (Temporary Worker) Migrants.

[vinny]

Agree with @zimba

It may be significant that the word “seasonal” was used instead of “temporary”? A “seasonal” worker is a subset of a “temporary” worker. Other subsets of “temporary” workers may be unaffected by the Long residence rules changes.

Temporary Work - Seasonal Worker also has its own Appendix, separate from Temporary Work – Government Authorised Exchange or Temporary Work - International Agreement, etc. This emphasises their differences.

Moreover, I suspect that many of these restrospective changes with retroactive effects may challenged as being unreasonable.

[vinny]

Also agree with @zimba.

Changing from Graduate route seems unnecessary, unless leave was expiring or your work would breach GR 8.2’s conditions (similar to SW 36.3). Employers saying

no EXCEPTION

is a bit odd. What is the nature of your work? Does their employment scheme exclude applicants with Graduate leave?

If they are not hiring you as a professional sportsperson, then GAE 11.3’s conditions seems to be more restrictive than GR 8.2’s.

I have 9 year continuous stay in the UK with student visa and then graduate visa. I will be able to apply for ILR in Aug. 2025 if nothing changed (and the graduate visa will be expired in early 2026), However, I found a new job and the employer insisted me to changed the visa to the government authorised exchange (temporary worker) and I've changed it recently after serious consideration.

How did you change it recently? Has the UKVI granted new permission? Did you apply for entry clearance? What’s the duration of permission?

If you were already on the Graduate leave, then GAE 4.1 prevents you from switching in the UK.