The seasonal employee route is a well-liked option to work within the UK briefly. Migration statistics in 2024 affirm that 46% of all short-term employee visas have been granted for seasonal work. The length is brief and doesn’t result in settlement within the UK.
Seasonal employee schemes have been launched after the Second World Battle and have been initially supposed to offer younger individuals the chance to journey and interact in a cultural change. This isn’t the first intention now (by a protracted shot). It’s geared toward filling labour shortages in lower-skilled labour, particularly inside seasonal horticulture and poultry manufacturing sectors.
The route closed in 2014, however was re-launched in March 2019 with an annual quota on the variety of visas that could possibly be granted restricted to 2,500 per yr. The quota has elevated dramatically through the years and in 2025, the quota rose to 45,000 per yr.
The elevated allocation has been welcomed by the Nationwide Farmers Union.
The NFU has welcomed affirmation from the federal government on the seasonal employee visa allocation, however has warned {that a} long-term scheme remains to be wanted to offer certainty to the business.
Farms discover it tough to recruit for seasonal roles from the resident workforce as a result of they’re short-term and normally low paid. Reliance on abroad staff is sustained due a scarcity of stability throughout the meals labour provide. There’s additionally a scarcity of funding in automation within the business, which might scale back the necessity for reliance on seasonable employee labour, significantly in agriculture.
These themes have been explored within the Migration Advisory Committee’s Seasonal Employee Evaluation in July 2024, the place the conclusion was that there’s an amazing want for long-term certainty for meals labour wants within the UK.
Are modifications anticipated beneath the white paper?
The Authorities printed a white paper on 12 Could 2025 titled ‘Restoring Management over the Immigration System’. It units out radical proposals to chop web migration by making modifications to the immigration system and border safety. See Sonia’s protection on this for what you should know.
As a result of the seasonal employee visa is a short lived route, its impression on long-term web migration figures could also be much less important in comparison with different routes that result in settlement, like Expert Employee. That doesn’t imply the route will go unscathed. There are assertions that elements of the route could change, corresponding to:
- Wage hikes
- A risk to introduce an English language requirement
- Stricter sponsor compliance obligations and harsher penalties for non-compliance
- Nearer monitoring of compliance with immigration circumstances for sponsored staff
- Reform to the sponsorship system, which might implement ‘progressive monetary measures, penalties or sanctions’ the place there’s abuse of the sponsorship system
The proposed modifications will not be engaging, however as you’ll see whenever you learn on, the seasonal employee route operates in a really totally different option to different routes. Is there a carve out? It’s too early to say at this stage and we’ll want to attend for the element.
Who’s the seasonal employee route for?
Right here’s what the immigration guidelines say:
The Seasonal Employee route is for an individual who needs to come back to the UK to do seasonal horticulture work or poultry manufacturing work. An individual on the Seasonal Employee route can keep for a most interval of six months in any 12-month interval if they’re working in a task within the horticulture sector and if they’re a poultry manufacturing employee they will keep for a time period starting no sooner than 2 October and ending no later than 31 December annually.
At numerous factors for the reason that route opened, this introduction additionally talked about haulage driving and pork butchery. At the moment solely horticulture and poultry manufacturing staff are eligible to use for a seasonal employee visa.
The vary of horticultural work that individuals can are available in to do covers each decorative and edible horticulture — flowers and meals. The total listing of eligible work for each the horticulture and poultry manufacturing sectors is in paragraph SAW 4.1(f) of the principles. Over time, this has been topic to common change so it’s advisable to evaluation the listing of particular roles eligible for the visa recurrently.
Of the 45,000 visas allotted in 2025, 43,000 are for horticulture and solely 2000 are allotted to poultry manufacturing work. The quota is solely for staff with a certificates of sponsorship begin date within the related yr.
Each time utilizing this route, it’s all the time helpful to examine each Appendix Seasonal Employee, within the immigration guidelines and the sponsor steering. The steering is up to date extra continuously than the principles. I’d additionally suggest checking the information headlines earlier than advising on this path to examine for a possible disaster (mentioned with a sarcasm-to-seriousness ratio of fifty:50).
Companions and kids will not be permitted to use as dependants on this route (confirmed explicitly within the pre-amble to the Appendix Seasonal Employee within the immigration guidelines).
What are the formal necessities for sponsors?
Sponsor licence
Particular person employers will not be eligible for a seasonal employee sponsor licence, even when they’re licensed as a sponsor for different visa routes. To be eligible, you have to be a “scheme operator” which is:
If you wish to change into a sponsor you could have scheme operator approval, however the Dwelling Workplace has the ultimate say. They’ve the facility to refuse your software even the place there’s endorsement from the Division for Surroundings, Meals and Rural Affairs.
There are presently 5 scheme operators:
As you will note by way of the hyperlinks, the scheme operators look rather a lot like recruitment firms. They aren’t the employer, however they discover work for the seasonal employee and are accountable for managing and having oversight of the method. These obligations bear little resemblance to the standard sponsor duties.
All scheme operators, besides Re Recruitment, are partnered with Simply Good Work. They’ve an app, which permits an applicant to find info and recommendation to make sure secure and authorized recruitment and employment within the UK. The app was launched in 2019 and it’s endorsed by the Gangmasters and Labour Abuse Authority.
Monitoring staff’ welfare
That is an uncommon requirement, but it surely’s a very good one, and within the pursuits of the seasonal employee. It isn’t immediately talked about within the immigration guidelines, however does seem within the steering.
The gist is that the scheme operators are accountable for staff sponsored on this scheme. Which means they need to work with employers the place the employees are positioned. That is taken significantly and if a “excessive commonplace of welfare and management” just isn’t met, the corporate might lose their sponsor licence.
The steering says:
You will need to undertake sturdy and complete monitoring of all the employees you sponsor of their office, together with making certain that:
- the employees’ work surroundings is secure and complies with related Well being and Security necessities
- staff are handled pretty by their employer, together with not penalising staff for failing to work on the honest piece price
- staff are given an employment contract of their first language, in addition to in English – these should not be zero-hours contracts
- staff are paid correctly – this contains satisfying Nationwide Minimal Wage laws, together with these on honest charges for piece work, and Vacation Pay
- staff are allowed break day and correct breaks
See paragraph SE 3.4 of the sponsor steering for a full listing of obligations.
There has all the time been an underlying concern for the welfare of seasonal staff and in 2023, a seasonal employee taskforce was launched to safeguard employee’s rights beneath the scheme. The taskforce contains business commerce our bodies, retailers, growers, recruiters and non-profits in the direction of a standard mission of:
Working collaboratively to develop and implement tangible actions to assist safeguard and guarantee entry to staff’ rights within the UK Seasonal Employee Scheme and wider UK horticulture.
The taskforce itself implements sensible actions to enhance the accountable recruitment and employment of migrant staff. An instance of that is the creation of the Simply Good Work app talked about earlier, which they funded. In addition they work with Authorities departments on the operation of the Scheme.
Regardless of all that good things, it’s nonetheless a high-risk route. Right here’s what the Migration Advisory Committee say of their evaluation:
Danger components particular to the SWV embody: being short-term and short-term; based mostly rurally utilizing employer-provided lodging; lack of readability on enforcement obligations; lack of migrant information about their rights; and lack of English language. Seasonal Employees, usually from comparatively poor nations, pay excessive, front-loaded prices for visas and journey, creating an crucial to earn this a reimbursement.
Learn the final chapter of this briefing to view a abstract of the Migration Advisory Committee’s report’s suggestions for the route.
Seasonal staff can select to vary employer and the scheme operator ought to make it clear what the method is to take action earlier than they begin employment. If somebody makes a request to vary employer, this shouldn’t be refused except there are “important causes”, corresponding to an imminently expiring visa. In actuality, it doesn’t appear to be that is occurring and staff would quite sacrifice their sponsorship to get out of an sad or exploitative state of affairs.
Different necessities
Scheme operators should solely place staff with growers who’ve demonstrated that they’re “actively participating with Jobcentre Plus to recruit UK based mostly staff”.
Scheme operators should not:
- place any further fees on taking part staff, past the prices of administrating the scheme
- use the seasonal employee path to supply their very own labour wants
- place staff at an employment enterprise or company
The Dwelling Workplace will revoke a sponsor licence if, inside any 12-month interval, any of the next happen:
- Fewer than 95 p.c of sponsored staff are granted entry clearance (a visa)
- Three p.c or extra of sponsored staff who acquire entry clearance (a visa) fail to reach at their place of employment
- Fewer than 97 p.c of your sponsored staff who acquire entry clearance (a visa) go away the UK on the finish of their permitted keep
Lastly, scheme operators should preserve full licensing with the Gangmasters and Labour Abuse Authority always.
What are the formal necessities for staff?
The employee should meet the validity, suitability and eligibility necessities of Appendix Non permanent Work – Seasonal Employee. We’ll do a fast tour by means of the validity and suitability necessities first, then concentrate on the element beneath the eligibility necessities.
Validity
The validity necessities are related (however not equivalent) to the necessities for many work routes. The applicant should submit a sound visa software on-line, pay the applying payment, enrol their biometrics (fingerprints and {a photograph}) at a visa software centre, submit their paperwork and have a certificates of sponsorship issued not more than three months earlier than the date of software.
European Financial Space nationals can skip the biometrics if they’ve a chipped passport. They’ll apply utilizing the UK Immigration: ID Test app as an alternative.
The applicant have to be aged 18 or over on the date of the applying.
Because of the quick length of this route — as much as six months — there’s usually no immigration well being surcharge.
Just a few quirks for these making use of for roles in poultry:
- An applicant won’t be able to get a six-month visa and may keep from 2 October to 31 December solely
- The date of software have to be on or earlier than 15 November in annually
You’ll be able to’t swap into this route from one other route. You’ll be able to’t prolong your keep both. That mentioned, typically exceptions will be launched just like the exception for Ukrainians in 2022.
Suitability
The applicant should not fall foul of beneath the grounds for refusal in half 9 of the immigration guidelines. These embody, however will not be restricted to, having a felony report.
Eligibility
The one actual eligibility necessities for the applicant are to use for entry clearance (i.e. get a visa prematurely) and have a sound certificates of sponsorship.
The certificates of sponsorship should affirm that they’re being sponsored as a seasonal employee and comprise particulars of the job and wage.
SAW 4.1.(g)
(i) if the applicant is being sponsored within the horticulture sector or beneath SOC 2020 occupation code 8111, 9111, 9119 or 9132 within the poultry manufacturing sector, they are going to be paid not less than £12.21 for every hour labored and obtain not less than 32 hours pay every week; or
(ii) if the applicant is being sponsored beneath SOC 2020 occupation code 5431 or 5433 within the poultry manufacturing sector, they are going to be paid not less than £15.88 for every hour labored and £38,700 per yr.
Wage beneath paragraph SAW 4.1(g)(ii) is in step with the Expert Employee wage necessities. These might go up when wage hikes are made following the white paper. Comparable guidelines apply on easy methods to calculate wage together with a 48 hour cap on the final wage requirement and irregular working patterns.
Word that beneath SAW 4.1(g)((i), the employee is assured pay for 32 hours per week, even when there isn’t any work.
These minimal wage and dealing hours necessities haven’t all the time been included within the immigration guidelines, however they assist to offer security and safety to staff, because the sector continues to attempt to battle exploitation. In February 2023, the Nationwide Farming Union Deputy President mentioned that “[l]ooking after the people who come to work… is completely essential and the extra assure of a minimal 32 hours per week will assist give them confidence to journey to the UK”.
The steering provides that by assigning a certificates of sponsorship, the sponsor is confirming that the employee:
- is not less than 18 years outdated;
- is not going to set up a enterprise within the UK;
- will solely take up work permitted beneath the seasonal employee scheme and with an employer accepted by the sponsor;
- will adjust to the circumstances of their immigration standing and go away the UK when it expires.
There isn’t a English language requirement (for now – see feedback on white paper above) however there’s a monetary requirement. Scheme operators will usually tick the field on the certificates of sponsorship confirming that they are going to “preserve and accommodate” the employee for the primary month of their employment. In the event that they don’t do that, the employee should present they’ve £1,270 within the financial institution (for a 28-day interval previous to the date of the applying).
A heads up, the 9 April 2025 ban on passing on sponsorship prices applies to the route too. This implies a sponsor can’t recoup the licence payment or related prices, nor the certificates of sponsorship payment or related prices. It is a floor the place the Dwelling Workplace will usually revoke your licence.
What’s going to I get if my visa is accepted?
Anybody making use of utilizing the app will get an eVisa. Anybody else will normally get a visa vignette (sticker) of their passport, legitimate for a given interval that aligns with the employment dates acknowledged on the certificates of sponsorship. The employee should arrive in step with the beginning date acknowledged on their certificates of sponsorship and as per the UK sponsor’s accepted timeline for completion of the work.
The employer ought to full a proper to work examine earlier than the employee’s begin date. Don’t neglect that the principles and necessities for finishing proper to work checks are continuously altering. You could find the most recent replace right here.
The seasonal employee scheme shifting ahead
Of their July 2024 evaluation, the Migration Advisory Committee made suggestions on the route grouped into 5 key themes. A few of them have been carried out, however there’s a lengthy option to go.
- Present certainty round the way forward for the scheme – Though the extension of the route has been confirmed till 2029, the Authorities has not mentioned if the quota runs on a rolling foundation and haven’t mentioned how they are going to taper visa numbers.
- Enable for a extra versatile visa – They suggest shortening the cooling-off interval and permitting horticultural seasonal staff to work six months in any calendar yr. The thought is that it might encourage skilled staff to return to the UK to tackle extra seasonal work, extra rapidly.
- Fairer work and pay for staff – The Authorities have required pay of a minimal of 32 hours every week on the Nationwide Dwelling Wage, no matter whether or not work is out there. They haven’t carried out the advice to require a two-month minimal wage cost to assist make sure that staff will not be out of pocket for visa and flight prices. There are different suggestions to assist defend their earnings corresponding to tax refunds, pension auto-enrolment opt-outs and the necessity to collate extra knowledge so {that a} detailed examination of honest pay will be made.
- Tighten, talk and implement worker rights – They suggest that the Gangmasters and Labour Abuse Authority ought to be given statutory powers to go to farms as a part of their compliance work with operators, quite than solely when fashionable slavery points come up. Together with different enhancements, they recommend having readability between authorities departments and businesses as to who does what and who’s accountable for what. This could hopefully keep away from confusion and keep away from the ‘cross the buck’ strategy to coping with issues.
- Give consideration to the Employer Pays Precept – This was within the early phases of consideration beneath the Sunak authorities, however additional effort is required to analyze the way it may work in apply for staff, employers and customers, and the way the related prices might and ought to be shared alongside the provision chain.
There’s now a threat that the Migration Advisory Committee could possibly be overshadowed by the publication of the Authorities’s white paper reforms. May they be amalgamated? Most likely but it surely’s uncertain the Authorities will probably be that thought-about. The white paper just isn’t very nicely drafted and not less than one session is probably going, pulling focus even additional away from addressing the urgent points throughout the seasonal employee scheme.
This text was first printed in June 2023 and has been up to date in order that it’s right as of the brand new date of publication proven.
