Seasonal Agricultural Workers Scheme (SAW)
This section explains what the Seasonal Agricultural Workers Scheme (SAWS) is, and who can apply to work in the UK under the scheme. It also contains information for UK farmers and growers who want to employ seasonal workers.
You should consult with us before applying under this categories, please e-mail us your query to info@icslegal.com or call us on 0207 237 3388. You can also complete the assessment form, by clicking here.
The SAWS is designed to allow farmers and growers in the UK to recruit low-skilled overseas workers to do short-term agricultural work. The scheme works on a quota basis. Farmers and growers who participate in the scheme can employ a fixed number of overseas workers through the scheme each year.
Statement from the Minister of State for Immigration
The Minister of State for Immigration (Mark Harper): The Seasonal Agricultural Workers Scheme (SAWS) allows fruit and vegetable growers to employ migrant workers from Bulgaria and Romania as seasonal workers for up to six months at a time. It will close, as planned, at the end of 2013. The government does not intend to open any new SAWS for workers from outside the EEA as our view is that, at a time of unemployment in the UK and the European Union there should be sufficient workers from within those labour markets to meet the needs of the horticultural industry. The Agricultural Technologies Strategy will support innovation by agricultural businesses, which will also help to offset future impacts.
Currently, there is an annual quota of 21,250 SAWS participants. From 1 January 2014, when the transitional labour market controls on Bulgarian and Romanian (EU2) nationals are lifted, growers will have unrestricted access to EU2 workers. Since the controls on the EU8 (the member states that acceded to the European Union in 2004) workers were lifted, those workers have continued to form the core of the seasonal agricultural workforce. At present, UK growers recruit about one-third of their seasonal workers from the EU2, and about one half from the EU8. Seasonal agricultural work can pay good wages and the sector should be able to attract and retain UK and EEA workers.
Our migration policy is to allow only highly skilled workers from outside the EEA, with an annual limit of 20,700 workers. Unskilled and low-skilled labour needs should be satisfied from within the expanded EEA labour market. The SAWS was previously open to non-EEA nationals but was restricted in 2007 to EU2 nationals, consistent with an intention to phase it out as the EEA labour market expanded. That remains the government’s position. We do not think that the characteristics of the horticultural sector, such as its seasonality and dependence on readily available workers to be deployed at short notice, are so different from those in other employment sectors as to merit special treatment from a migration policy perspective.
The independent Migration Advisory Committee reviewed the impact of the closure of the SAWS on the horticulture sector earlier this year. They concluded that there was unlikely to be an impact on labour supply in the short term, although this might change in the longer term. They noted, however, that there is a wide range of uncertainty around the effects on migration flows to the UK of ending restrictions on labour market access for EU2 nationals. The MAC was also clear that a replacement SAWS would amount to preferential treatment for horticulture.
The government recognises that the SAWS has for many years provided an efficient supply of labour for the horticultural sector. The Department for Work and Pensions has been working with JobCentre Plus, LANTRA (the sector skills council), the National Farmers’ Union and others, including growers and horticultural recruitment firms, to help unemployed UK residents into horticultural work through training and guaranteed interviews. A pilot scheme to encourage unemployed UK residents to apply for, train and secure jobs on arable farms has shown encouraging results with a high proportion of participants going on to secure employment in the sector. We want to build on this and other innovative approaches. The government, including the Department for the Environment Food and Rural Affairs, the Department for Work and Pensions and the Department for Communities and local government, look forward to working with the sector to monitor and address the issues and will keep the situation under review.
The government has also decided it will not replace the Sector Based Scheme which operates in the food processing sector when this closes at the end of the year. The scheme is not heavily used and the Migration Advisory Committee concluded closure was unlikely to have any negative effects on the sector’s ability to meet its labour needs.
Related FAQ's
Our speciality lies in the field of Immigration, Nationality and EU Law, so it means we always are dealing with this side of the law. We are able to support you in making a correct decision, avoid delays on your case, save money and time, not forgetting the stress of any doubts with your application.
There are many routes available to come to the UK, extend or switch, some of them do not allow extension or even switching. Knowing what is right can be a difficult task and this is why we are here. Simple task of not using the prescribed forms can mean your application is invalid, which means if you have no valid stay, you would have to return back and there is no appeal rights.
Our initial consultations are a chargeable service. We initially discuss the requirements of the application to ensure you meet the requirements and have the documentation required at hand for the submission. It gives you an opportunity to meet us and ask questions.
Each case will be checked thoroughly, everything will be cross referenced so guidelines are met and we will also add our legal document which would outline the Immigration Rules and how the client has satisfied the rules. We use documents that are used by Home Office case workers, so we know exactly what they would look for in your case.
The most important fact is that law constantly changes, policy guidelines and requirements are always changing, so it is best that you always use specialised services to support you. We never compromise our services, our fees remain very competitive but our expertise is at the very highest standard.
We place our clients first, so when you sign the customer care letter and we go through your case file, and we believe that the case would not be successful, we will terminate the agreement and return your documents. We will also provide alternative solutions with no added costs. We also have a cancellation period should you feel you want to withdraw your file.
Please note that all cases cannot be guaranteed as circumstances depends and whether you met guidelines, however the Home Office caseworker can still refuse cases on the balance of probabilities and other factors. Our job would be to prepare your case in the best possible way.
1) You contact us through e-mail or phone.
2) We take some basic information, we ask some relevant questions to understand the type of query and what type of support is required.
3) Your case then gets passed to a case worker.
4) Case Worker would contact you to set up an initial meeting.
5) You attend a consultation, an action plan is drawn up and we find out whether ICS Legal can support your case. A report would be sent where there is a requirement to outline what was discussed and what to do next.
6) You authorise us to be your legal representative by signing our customer care letter.
7) We will then start to request documents and information about your case this will build up your case pack.
8) We will then write our legal report and use Home Office caseworker’s documents to ensure everything has been checked and all requirement have been met.
9) Where possible we will go through every aspect of your case before case submission.
10) We will continue to update you throughout the case life cycle .