Updates, commentary, training and advice on immigration and asylum law

Briefing: the seasonal worker visa

The seasonal worker route is a popular way to work in the UK temporarily. Migration statistics in 2024 confirm that 46% of all temporary worker visas were granted for seasonal work. The duration is short and doesn’t lead to settlement in the UK.

Seasonal worker schemes were launched after the Second World War and were originally intended to give young people the opportunity to travel and engage in a cultural exchange. This is not the primary aim now (by a long shot). It’s aimed at filling labour shortages in lower-skilled labour, specifically within seasonal horticulture and poultry production sectors.

The route closed in 2014, but was re-launched in March 2019 with an annual quota on the number of visas that could be granted limited to 2,500 per year. The quota has increased dramatically over the years and in 2025, the quota rose to 45,000 per year.

The increased allocation has been welcomed by the National Farmers Union.

The NFU has welcomed confirmation from the government on the seasonal worker visa allocation, but has warned that a long-term scheme is still needed to provide certainty to the industry.

Farms find it difficult to recruit for seasonal roles from the resident workforce because they’re short-term and usually low paid. Reliance on overseas workers is sustained due a lack of stability within the food labour supply. There’s also a lack of investment in automation in the industry, which could reduce the need for reliance on seasonable worker labour, particularly in agriculture.

These themes were explored in the Migration Advisory Committee’s Seasonal Worker Review in July 2024, where the conclusion was that there is an overwhelming need for long-term certainty for food labour needs in the UK.

Are changes expected under the white paper?

The Government published a white paper on 12 May 2025 titled ‘Restoring Control over the Immigration System’. It sets out radical proposals to cut net migration by making changes to the immigration system and border security. See Sonia’s coverage on this for what you need to know.

Because the seasonal worker visa is a temporary route, its impact on long-term net migration figures may be less significant compared to other routes that lead to settlement, like Skilled Worker. That doesn’t mean the route will go unscathed. There are assertions that aspects of the route may change, such as:

  • Salary hikes
  • A threat to introduce an English language requirement
  • Stricter sponsor compliance obligations and harsher penalties for non-compliance
  • Closer monitoring of compliance with immigration conditions for sponsored workers
  • Reform to the sponsorship system, which could implement ‘innovative financial measures, penalties or sanctions’ where there is abuse of the sponsorship system

The proposed changes are not attractive, but as you’ll see when you read on, the seasonal worker route operates in a very different way to other routes. Is there a carve out? It’s too early to say at this stage and we’ll need to wait for the detail.  

Who is the seasonal worker route for?

Here’s what the immigration rules say:

The Seasonal Worker route is for a person who wants to come to the UK to do seasonal horticulture work or poultry production work. A person on the Seasonal Worker route can stay for a maximum period of six months in any 12-month period if they are working in a role in the horticulture sector and if they are a poultry production worker they can stay for a period of time beginning no earlier than 2 October and ending no later than 31 December each year.

At various points since the route opened, this introduction also mentioned haulage driving and pork butchery. Currently only horticulture and poultry production workers are eligible to apply for a seasonal worker visa.

The range of horticultural work that people can come in to do covers both ornamental and edible horticulture — flowers and food. The full list of eligible work for both the horticulture and poultry production sectors is in paragraph SAW 4.1(f) of the rules. Over the years, this has been subject to regular change so it is advisable to review the list of specific roles eligible for the visa regularly.

Of the 45,000 visas allocated in 2025, 43,000 are for horticulture and only 2000 are allocated to poultry production work. The quota is exclusively for workers with a certificate of sponsorship start date in the relevant year.

Whenever using this route, it’s always useful to check both Appendix Seasonal Worker, in the immigration rules and the sponsor guidance. The guidance is updated more frequently than the rules. I’d also recommend checking the news headlines before advising on this route to check for a potential crisis (said with a sarcasm-to-seriousness ratio of 50:50).

Partners and children are not permitted to apply as dependants on this route (confirmed explicitly in the pre-amble to the Appendix Seasonal Worker in the immigration rules).

What are the formal requirements for sponsors?

Sponsor licence

Individual employers are not eligible for a seasonal worker sponsor licence, even if they are licensed as a sponsor for other visa routes. To be eligible, you must be a “scheme operator” which is: 

If you want to become a sponsor you must have scheme operator approval, but the Home Office has the final say. They have the power to refuse your application even where there is endorsement from the Department for Environment, Food and Rural Affairs.

There are currently five scheme operators:

As you will see via the links, the scheme operators look a lot like recruitment companies. They are not the employer, but they find work for the seasonal worker and are responsible for managing and having oversight of the process. These obligations bear little resemblance to the usual sponsor duties.   

All scheme operators, except Re Recruitment, are partnered with Just Good Work. They have an app, which allows an applicant to locate information and advice to ensure safe and legal recruitment and employment in the UK. The app was launched in 2019 and it’s endorsed by the Gangmasters and Labour Abuse Authority.

Monitoring workers’ welfare

This is an unusual requirement, but it’s a good one, and in the interests of the seasonal worker. It is not directly mentioned in the immigration rules, but does appear in the guidance.

The gist is that the scheme operators are responsible for workers sponsored on this scheme. This means that they should work with employers where the workers are placed. This is taken seriously and if a “high standard of welfare and control” is not met, the company could lose their sponsor licence.

The guidance says:

You must undertake robust and comprehensive monitoring of all the workers you sponsor in their workplace, including ensuring that:

  • the workers’ work environment is safe and complies with relevant Health and Safety requirements
  • workers are treated fairly by their employer, including not penalising workers for failing to work at the fair piece rate
  • workers are given an employment contract in their first language, as well as in English – these must not be zero-hours contracts
  • workers are paid properly – this includes satisfying National Minimum Wage regulations, including those on fair rates for piece work, and Holiday Pay
  • workers are allowed time off and proper breaks

See paragraph SE 3.4 of the sponsor guidance for a full list of responsibilities.

There has always been an underlying concern for the welfare of seasonal workers and in 2023, a seasonal worker taskforce was launched to safeguard worker’s rights under the scheme. The taskforce comprises industry trade bodies, retailers, growers, recruiters and non-profits towards a common mission of:

Working collaboratively to develop and implement tangible actions to help safeguard and ensure access to workers’ rights in the UK Seasonal Worker Scheme and wider UK horticulture.

The taskforce itself implements practical actions to improve the responsible recruitment and employment of migrant workers. An example of this is the creation of the Just Good Work app mentioned earlier, which they funded. They also work with Government departments on the operation of the Scheme.

Despite all that good stuff, it is still a high-risk route. Here’s what the Migration Advisory Committee say in their review:

Risk factors specific to the SWV include: being temporary and short-term; based rurally using employer-provided accommodation; lack of clarity on enforcement responsibilities; lack of migrant knowledge about their rights; and lack of English language. Seasonal Workers, typically from comparatively poor countries, pay high, front-loaded costs for visas and travel, creating an imperative to earn this money back.

Read the last chapter of this briefing to view a summary of the Migration Advisory Committee’s report’s recommendations for the route.

Seasonal workers can choose to change employer and the scheme operator should make it clear what the process is to do so before they start employment. If someone makes a request to change employer, this shouldn’t be refused unless there are “significant reasons”, such as an imminently expiring visa. In reality, it doesn’t look like this is happening and workers would rather sacrifice their sponsorship to get out of an unhappy or exploitative situation.

Other requirements

Scheme operators must only place workers with growers who have demonstrated that they are “actively engaging with Jobcentre Plus to recruit UK based workers”.

Scheme operators must not:

  • place any additional charges on participating workers, beyond the costs of administrating the scheme
  • use the seasonal worker route to source their own labour needs
  • place workers at an employment business or agency

The Home Office will revoke a sponsor licence if, within any 12-month period, any of the following occur: 

  • Fewer than 95 percent of sponsored workers are granted entry clearance (a visa)
  • Three percent or more of sponsored workers who obtain entry clearance (a visa) fail to arrive at their place of employment
  • Fewer than 97 percent of your sponsored workers who obtain entry clearance (a visa) leave the UK at the end of their permitted stay

Finally, scheme operators must maintain full licensing with the Gangmasters and Labour Abuse Authority at all times.

What are the formal requirements for workers?

The worker must meet the validity, suitability and eligibility requirements of Appendix Temporary Work – Seasonal Worker. We’ll do a quick tour through the validity and suitability requirements first, then focus on the detail under the eligibility requirements.

Validity

The validity requirements are similar (but not identical) to the requirements for most work routes. The applicant must submit a valid visa application online, pay the application fee, enrol their biometrics (fingerprints and a photograph) at a visa application centre, submit their documents and have a certificate of sponsorship issued no more than three months before the date of application.

European Economic Area nationals can skip the biometrics if they have a chipped passport. They can apply using the UK Immigration: ID Check app instead.

The applicant must be aged 18 or over on the date of the application.

Due to the short duration of this route — up to six months — there is typically no immigration health surcharge.

A few quirks for those applying for roles in poultry:

  • An applicant will not be able to get a six-month visa and can stay from 2 October to 31 December only
  • The date of application must be on or before 15 November in each year

You can’t switch into this route from another route. You can’t extend your stay either. That said, sometimes exceptions can be introduced like the exception for Ukrainians in 2022.

Suitability

The applicant must not fall foul of under the grounds for refusal in part 9 of the immigration rules. These include, but are not limited to, having a criminal record.

Eligibility

The only real eligibility requirements for the applicant are to apply for entry clearance (i.e. get a visa in advance) and have a valid certificate of sponsorship.

The certificate of sponsorship must confirm that they are being sponsored as a seasonal worker and contain details of the job and salary.

SAW 4.1.(g)
(i) if the applicant is being sponsored in the horticulture sector or under SOC 2020 occupation code 8111, 9111, 9119 or 9132 in the poultry production sector, they will be paid at least £12.21 for each hour worked and receive at least 32 hours pay each week; or
(ii) if the applicant is being sponsored under SOC 2020 occupation code 5431 or 5433 in the poultry production sector, they will be paid at least £15.88 for each hour worked and £38,700 per year.

Salary under paragraph SAW 4.1(g)(ii) is in line with the Skilled Worker salary requirements. These could go up when salary hikes are made following the white paper. Similar rules apply on how to calculate salary including a 48 hour cap on the general salary requirement and irregular working patterns.

Note that under SAW 4.1(g)((i), the worker is guaranteed pay for 32 hours per week, even if there is no work. 

These minimum wage and working hours requirements have not always been included in the immigration rules, but they help to provide safety and security to workers, as the sector continues to try to battle exploitation. In February 2023, the National Farming Union Deputy President said that “[l]ooking after the people that come to work… is absolutely crucial and the additional guarantee of a minimum 32 hours per week will help give them confidence to travel to the UK”. 

The guidance adds that by assigning a certificate of sponsorship, the sponsor is confirming that the worker:

  • is at least 18 years old;
  • will not establish a business in the UK;
  • will only take up work permitted under the seasonal worker scheme and with an employer approved by the sponsor;
  • will comply with the conditions of their immigration status and leave the UK when it expires.

There is no English language requirement (for now – see comments on white paper above) but there is a financial requirement. Scheme operators will generally tick the box on the certificate of sponsorship confirming that they will “maintain and accommodate” the worker for the first month of their employment. If they don’t do this, the worker must show they have £1,270 in the bank (for a 28-day period prior to the date of the application).

A heads up, the 9 April 2025 ban on passing on sponsorship costs applies to the route too. This means a sponsor can’t recoup the licence fee or associated costs, nor the certificate of sponsorship fee or associated costs. This is a ground where the Home Office will normally revoke your licence. 

What will I get if my visa is approved?

Anyone applying using the app will get an eVisa. Anyone else will usually get a visa vignette (sticker) in their passport, valid for a given period that aligns with the employment dates stated on the certificate of sponsorship. The worker must arrive in line with the start date stated on their certificate of sponsorship and as per the UK sponsor’s approved timeline for completion of the work.

The employer should complete a right to work check before the worker’s start date. Don’t forget that the rules and requirements for completing right to work checks are constantly changing. You can find the latest update here.

The seasonal worker scheme moving forward

In their July 2024 review, the Migration Advisory Committee made recommendations on the route grouped into five key themes. Some of them have been implemented, but there is a long way to go.

  1. Provide certainty around the future of the scheme – Although the extension of the route has been confirmed until 2029, the Government has not said if the quota runs on a rolling basis and haven’t said how they will taper visa numbers.
  2. Allow for a more flexible visa – They recommend shortening the cooling-off period and allowing horticultural seasonal workers to work six months in any calendar year. The idea is that it could encourage experienced workers to return to the UK to take on more seasonal work, more quickly.
  3. Fairer work and pay for workers – The Government have required pay of a minimum of 32 hours a week at the National Living Wage, regardless of whether work is available. They haven’t implemented the recommendation to require a two-month minimum salary payment to help make sure workers are not out of pocket for visa and flight costs. There are other recommendations to help protect their income such as tax refunds, pension auto-enrolment opt-outs and the need to collate more data so that a detailed examination of fair pay can be made.
  4. Tighten, communicate and enforce employee rights – They recommend that the Gangmasters and Labour Abuse Authority should be given statutory powers to visit farms as part of their compliance work with operators, rather than only when modern slavery issues arise. Along with other improvements, they suggest having clarity between government departments and agencies as to who does what and who’s responsible for what. This should hopefully avoid confusion and avoid the ‘pass the buck’ approach to dealing with problems.
  5. Give consideration to the Employer Pays Principle – This was in the early stages of consideration under the Sunak government, but further effort is needed to investigate how it might work in practice for workers, employers and consumers, and how the associated costs could and should be shared along the supply chain.

There is now a risk that the Migration Advisory Committee could be overshadowed by the publication of the Government’s white paper reforms. Could they be amalgamated? Probably but it’s doubtful the Government will be that considered. The white paper is not very well drafted and at least one consultation is likely, pulling focus even further away from addressing the pressing issues within the seasonal worker scheme.

This article was first published in June 2023 and has been updated so that it is correct as of the new date of publication shown.

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Pip Hague

Pip Hague is a Senior Practice Development Lawyer at Lewis Silkin.

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