Office Address

FACT SHEETS

• Appeals
• Asylum
• British citizenship
• EEA applications
• Illegal immigrants
• Tier 1
• Settlement
• Spouses and unmarried partners
• Students
• Visitors
• Working holidaymakers
• Work permits

Working Holidaymakers

The working holidaymaker scheme allows people aged between 17 and 30 to come to the UK on an extended holiday of up to 2 years. During this time they may take up employment, but any work must be incidental to the holiday, and must not be for a period exceeding 1 year. Currently this scheme is only open to holders of the following passports:

In addition to these countries, British Overseas Citizens, British Overseas Territories Citizens, and British Nationals (Overseas) are also eligible for the scheme.
To qualify as a working holidaymaker, you must:

• be a citizen of a country that is participating in the scheme
• be aged between 17 and 30 inclusive at the date on which your application is lodged
• be unmarried (or married to a person who also meets the requirements and is applying at the same time to come to the UK as a working holidaymaker)
• have sufficient funds to pay for your journey out of the UK (although your potential UK earnings can be taken into account)
• be able to maintain and accommodate yourself without recourse to public funds
• intend to take employment incidental to the holiday, but not to engage in business, provide services as a professional sportsman or entertainer, or pursue a career in the UK
• not have dependent children who are, or will be, aged 5 or over before the end of your working holiday
• intend to leave the UK at the end of the working holiday
• not have spent time in the UK as a working holidaymaker on a previous occasion

If these requirements are met, entry clearance for up to 2 years may be granted. The working holidaymaker scheme is not one which leads to settlement in the UK, and you must have the intention of leaving at the end of your holiday; however, once in the UK, it is possible to apply to “switch” into some other, limited, categories.

It is not possible to switch to a working holidaymaker visa if you are already in the UK in some other category – you must apply for entry clearance in your country of normal residence.

Our Services

Consultations and General Advice

If you want general advice about your immigration situation, you can make an appointment to meet with one of our lawyers. We will give you an assessment of the merits of your case and advise you on what we consider your best course of action to be. If our advice is that you can submit an application, you may decide to do this yourself, or to instruct us to take your case on and make the application on your behalf.

Making an initial application for entry clearance (a visa)

The quality of an initial application can make the difference between the success and failure of that application. When you instruct us we will:

• Give you an assessment of the merits of your case and advise you on the best course of action
• Inform you of the legal requirements which you will have to meet for your application to be successful
• Explain how the legal requirements will be interpreted by the UK authorities, based on the internal instructions given to their caseworkers
• Complete the application form on your behalf based on the information you give us
• Give you detailed advice about the supporting evidence that will need to be submitted along with your application
• Submit your application form along with all evidence and with legal representations on your behalf.  In the legal representations we will set out the particulars of your case and circumstances, details of the Immigration Rules under which you are asking for your application to be considered, and show how you meet the requirements of the law, or, if you do not meet the requirements, explain any compelling and compassionate circumstances and present your case in the best possible light to explain in legal terms why your application should be successful.
• Liaise with the appropriate authorities until a decision on your application is received

Appealing against a refusal

If your application for entry clearance is refused you will have a right to appeal against that refusal.  An appeal must be lodged within 28 days of the refusal, and the appeal form must give detailed reasons for the appeal (called ‘grounds of appeal’) if the appeal is to be valid.  All appeals, even those against the refusal of entry clearance abroad, are heard by an Immigration Judge sitting at the Asylum and Immigration Tribunal in the UK.

We offer two levels of service:

Grounds of Appeal
We will review your papers (initial application and supporting documents, refusal letter) and will draft detailed grounds of appeal giving legal reasons as to why your application should not have been refused, for you to submit with your appeal. We may need further information, either face-to-face or over the telephone/email, from you to enable us to do this. We have no responsibility towards you other than drafting the grounds of appeal within the strict time limits given by the UK authorities.

Representation
As well as drafting grounds of appeal we will submit your appeal to the Tribunal within the given time limit, liaise with you and any witnesses you may have who will speak for you at your hearing, liaise with the UK authorities on your behalf, and represent you before the Immigration Judge when your appeal is heard, using legal arguments, case law and the government’s own immigration rules and policies to present your case in the best possible light.