Informal Update on Immigration Rules for people from non-EU countries
This guidance is written with the Salt & Light family of churches in mind, but should NOT be construed as legal advice! It is intended to highlight things to watch out for, not as a comprehensive explanation of the rules. If you are going to be involved in any of the issues below, you are strongly advised to visit www.ukba.homeoffice.gov.uk for further details and clarification.
This update applies to people from non-EU countries being employed by, or coming as visiting speakers to churches. This includes ‘Ministers of Religion’ (this is a specific immigration category), church and conference speakers, lecturers at KBCTC, and volunteer workers. It also includes students at KBCTC.
Anyone in these categories coming to the UK from non-EU countries needs to be invited by a ‘Sponsoring Organisation’. Salt & Light is in the process of applying to become a ‘Sponsoring Organisation’, in order to meet the legal requirements to employ, or pay, the various categories of people. Some local churches will also need to apply under this scheme where it is appropriate.
Anyone applying for a visa to visit the UK in these circumstances must be able to offer a Sponsorship Certificate as part of their application, and this can only be provided by a Sponsoring Organisation.
If we do not meet these requirements, we risk having people turned away at the UK border.
Ministers of Religion (Tier 2)
Currently this applies to KBCTC and to at least one or two churches in the UK. This is very specific and is mainly intended for people here for a stay in excess of 6 months, usually on an employed basis. There are a broad range of conditions to be met to qualify.
The employer, whether Salt & Light Ministries, or a local church, must be a Sponsoring Organisation.
Religious Workers (Tier 5)
This covers church and conference speakers and lecturers at KBCTC. Anyone coming who will receive any money for speaking, other than their travel and accommodation expenses, must come in via a Sponsoring Organisation to be in the UK legally.
Sometimes, churches will ‘share’ a speaker or KBCTC lecturer. In this case, it is possible for one organisation to be the Sponsoring Organisation – this can easily be Salt & Light Ministries (KBCTC is included as part of Salt & Light). However, any money for the speaker must be channelled through the one Sponsoring Organisation and not passed on directly to the speaker.
‘Business’ or ‘General’ Visitors to the UK
This category applies to people coming from non-EU countries for up to 6 months to (in Salt & Light terms) attend a conference, or speak at a conference. They must not be receivingany money for speaking, including a ministry gift, other than their travel and accommodation expenses. Business Visitors can also bring their spouse and any children under 18. In addition:
- They must have sufficient funds for their stay and for their return journey.
- They must not supply goods or services, or take up employment of any kind.
- They must have a job and a base abroad and be returning to it after their visit.
- They must have no need of recourse to public funds
Any letter of invitation issued by the inviting UK church should be very specific about all the above details.
Overall guideline
As a general guideline, it is imperative that any non-EU visitors to Salt & Light or individual churches do not receive any payment for speaking, other than having their travel and accommodation expenses met. Any visitor who arrives at UK Immigration and suggests anything else, without having the proper visa application endorsed by a Sponsoring Organisation is almost certain to be turned back at the border.
Student Visitors to the UK
For KBCTC, Salt & Light will also apply for Tier 4 (Students) as soon as we receive formal accreditation from the British Accreditation Council. Again, this is for people from non-EU countries.
For more information contact Mike Poulton at mikep@bccnet.org