Minister Of Religion Visa And Religious Worker Visa Explained

RC
Richmond Chambers Immigration Barristers

Contributor

Richmond Chambers is a multi-award winning partnership of specialist immigration barristers. Our barristers provide expert legal advice and representation, directly to individuals and businesses, in relation to all aspects of UK immigration law. We combine the expertise and quality of the Bar, with the service of a trusted law firm.
This article compares the T2 Minister of Religion and Religious Worker visas, detailing their requirements, roles, sponsorship, financial obligations, and application processes for religious workers in the UK.
United Kingdom Immigration

1. Introduction to Religious Work Visas

In this article we look at sponsoring individuals on the religious work routes as well as the differences between the Minister of Religion and Religious Worker visas. Both routes allow the worker to bring their dependants with them if they meet the requirements.

The T2 Minister of Religion Visa is for those who hold a leading role in their faith-based organisation or religious order in the UK. This is a route to settlement.

The Religious Worker Visa is for individuals who want to support the activities of religious institutions for a temporary period. This is not a route to settlement and an individual can stay in the UK to work for a maximum of two years.

2. Requirements for the Religious Work Routes

To be eligible for the religious work routes, the following requirements need to be satisfied:

  • You must be aged 18 or over;
  • You hold a valid Certificate of Sponsorship;
  • You genuinely intend to and must be able to undertake the role for which you are being sponsored;
  • You must have sufficient funds;
  • You have a valid TB certificate, if applicable.

3. Religious Work Roles and Activities Defined

Minister of Religion

The Home Office guidance defines a Minister of Religion as:

A minister of religion is a religious functionary whose main regular duties include leading a congregation in performing the rites and rituals of the faith and in preaching the essentials of the creed.

This route is also for individuals who are coming to the UK as missionaries or members of religious orders. Your duties may include preaching, pastoral and non-pastoral work. Pastoral duties can include leading worship regularly, providing religious education and offering counselling support as well as recruiting and training local volunteers and lay preachers. However, the duties should not involve mainly non-pastoral duties, for example, school teaching or administrative and clerical work.

Religious Worker

As a Religious Worker, your temporary stay in the UK must be to support the activities of religious institutions which must involve performing religious duties within, or directed by your sponsor. This can include non-pastoral placements within a religious organisation. This route should not be used to fill the role of a Minister of Religion.

It is important to ascertain whether the work falls under the scope allowed on the religious work routes and you may want to seek legal advice for clarification.

For the religious work routes, the pay and conditions must be at least equal to those given to the settled workers in the same role and compliant with the National Minimum Wage Regulations 2015.

4. Certificate of Sponsorship for Religious Work

To be eligible for these routes, you must have a valid CoS assigned by your sponsor. They will need to hold a valid sponsor licence and be listed as A-rated on the Home Office's register of licensed sponsor. The CoS must not have been used in a previous application and not have been withdrawn or cancelled.

The CoS must confirm your proposed employment details, start date as well as whether you are a member of the sponsor's order, if applicable.

When assigning a CoS to a Minister of Religion, it should confirm that you will perform religious duties within the sponsor's organisation or directed by the sponsor's organisation in the UK. It should also confirm that the role will not involve mainly non-pastoral duties.

For the Religious Worker Visa, the CoS must also confirm that the requirements of the resident labour consideration are met in a sponsor note and explain the reasons if it is exempt from the resident labour consideration.

5. Financial Requirement for a Religious Visa

If you are applying for entry clearance or you have been in the UK for less than 12 months, you will need to show that you have funds of at least £1,270. Alternatively, your sponsor can confirm on the CoS that they will maintain and accommodate you up to the end of the first month of your employment for an amount of at least £1,270. If you have been in the UK for 12 months or more and are applying for permission to stay, you will meet the financial requirement and do not need to show funds.

6. English Language Requirement for a Minister of Religion Visa

T2 Minister of Religion applicants will need to meet the English Language requirement at level B2 on the Common European Framework Reference in reading, writing, speaking and listening.

There is no English Language requirement for a Religious Worker Visa.

7. Additional Requirements for a Religious Worker Visa

Resident Labour Consideration

To sponsor an individual on the Religious Worker route, the sponsor may need to carry out a resident labour consideration first. The guidance states that "you must check whether the role could be carried out by a suitably qualified 'settled worker' before you can offer it to a sponsored worker."

Resident labour consideration is not required in the following circumstances:

  • the role is supernumerary;
  • the worker will live within and be a member of a religious order;
  • the application is for permission to stay and the applicant was assigned a CoS which resulted in their last grant of permission and they will continue to be sponsored by the same sponsor in the current application;

If resident labour consideration is required, your sponsor must provide records to show that no suitable settled worker is available (if they hold national records of all available individuals) or the role must be advertised for at least 28 days.

Cooling off period

You must not have had permission as a Religious Worker at any time during the 12 months immediately before the date of application if you are applying for entry clearance unless you can show that you were not in the UK at any time during those 12 months.

8. Application Fees and Duration of Religious Visas

The application fee for a T2 Minister of Religion visa is £719 each person when applying from outside the UK or £827 when extending or switching into this visa in the UK. The initial grant of entry clearance for T2 Minister of Religion is up to 14 days after the period of employment on their CoS or 3 years and 1 month, whichever is shorter.

For the Religious Worker visa, the application fee is £298 whether you are applying from inside or outside the UK. You will be granted for the period stated on the CoS plus 14 days before and after or 24 months, whichever is shorter.

9. What Other Routes Are Available For Religious Workers?

The Charity Worker route may be an option if religious organisations wish to sponsor workers to fill temporary positions for up to 12 months. The work undertaken cannot be paid or remunerated and must be directly related to the organisation's charitable purpose.

If you wish to visit the UK to preach or undertake pastoral work on an unpaid basis for a period of up to 6 months, you may wish to consider the Religious Visit Visa. You must not undertake any prohibited activities and that you will leave at the end of your visit.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More