The minister of religion visa

The minister of religion visa

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• Taffy Nyawanza: Immigration options for victims of domestic violence

• Taffy Nywanza: Implications of UK asylum decison

• Taffy Nyawanza: The right to family life

• Taffy Nyawanza: New UK changes to managed migration

• Taffy Nyawanza: UK immigration rules on marriage, domestic servants

• Taffy Nyawanza: Switching from work permit to indefinite stay

• Taffy Nyawanza: Immigration and you

• Taffy Nyawanza: Makosi and the real Big Brother

By Taffy Nyawanza

ONE phenomenon about migration is the desire for immigrants to cluster together and create a home from home, or at the very least a halfway station between the old country and new. An aspect of this phenomenon is the rapid growth of Zimbabwean churches in the UK, fed by the recent wave of migration caused by the unfortunate events at home.

Churches of all types and forms have taken root here in response to the innate human need to belong. The reality of this was dramatically brought home to me the other day when I visited Birmingham and saw a very familiar sight right in the midst of the metropolis; a throng of long bearded gentlemen, heads clean shaven, long hooked rods clutched under armpits, rushing to a Sunday meeting, white garbs billowing expansively in the wind.

And its not just the Vapostori who are thriving here. Pentecostal groups, and indeed other variants of the Christian faith, are holding their own too, spurred on by their very uniquely African brand of charismatic and energetic form of worship and liturgy. This trend has created a steady stream of pastors and other church leaders who come to tend to their parishioners in the UK. Which brings me to this week’s topic which is in response to a query on how one can legally travel and work in the UK in the capacity of a religious leader.

A minister of religion is defined as a religious worker whose main duty is to lead a congregation in prayer and preach about their religious beliefs. This definition covers anything from a Muslim imam to a Christian pastor. A person can only travel and remain in the UK in this capacity if he obtains prior entry clearance as a minister of religion. I shall also look at the requirements that those already in the UK and wishing to remain in this capacity have to fulfil.

Ministers of religion, missionaries and members of a religious order are amongst a select group of people that can work in the UK without the need for a permit. Other permit-free employment include sole representatives of an overseas company in the UK, representatives of overseas newspapers, news agencies and broadcasting organisations, airport-based operational ground staff of overseas-owned airlines, amongst others.

A person travelling to the UK to work full-time as a minister of religion must provide evidence that he is such. If seeking entry as a missionary, the Applicant must show that he has been trained as a missionary or has worked as a missionary and is being sent to the United Kingdom by an overseas organisation. If seeking entry as a member of a religious order, the Applicant must show that he is coming to live in a community maintained by the religious order of which he is a member and, if intending to teach, does not intend to do so save at an establishment maintained by his order.

He must show that he has been working for at least one year as a minister in any of the 5 years immediately prior to the date on which the application is made, or that he has been ordained after training for the ministry. This training must have been for at least one year full-time or two years part-time. He must also show that he does not intend to take other employment apart from that of minister of religion. The usual prohibition on recourse to UK public funds applies for the applicant and his dependants.

In the application lodged with the embassy, the following documentary evidence will need to be produced;

* A letter from the employer (the church) in the UK giving details of the applicant’s expected duties and the salary you will be paid.
* A contract of employment
* Evidence of any qualifications for the work to be done and details of past experience (ordination certificates, etc).
* An International English Language Testing System (IELTS) certificate which must not be more that 2 years old. Initially applicants will need to show that they have achieved at least level 4 competence in spoken English in the test. This will eventually be raised to level 6 (competent user) after an interim period of two years. Test results are valid for two years.

For persons educated in an English speaking nation such as Zimbabwe, Entry Clearance Officers may use their discretion to allow entry where evidence is provided that an individual speaks competent English. In my experience, a GCSE English certificate suffices.

In the aftermath of the terror attacks on London on the 7th July 2005, much has been made of the language requirement, especially in light of revelations that most of the radical teachings that recent terror legislation will seek to target are predominantly conducted in foreign languages. The background is that in February 2002, the UK government came up with a White Paper entitled "Secure Borders, Safe Haven" in which it set out its concerns that those who come to the UK in order to take up religious positions should be able to relate to the community in which they teach and work. One key aspect of this was the requirement that those applying from overseas would be required to demonstrate an appropriate command of the English language. Presumably this will make it easier for Big Brother to listen in and monitor these teachings.

If an Applicant succeeds in his application, he will be granted entry to the UK for a period not exceeding 12 months. If such a person intends to extend his stay beyond the year, he can do so as long as he remains in the same position, and shows that his congregation still needs him as certified by the leadership of his congregation, his employer or the head of his religious order. He must also show that he did not access public funds during his stay. An extension will be granted for not more than 3 years.

There is also a requirement that such a person must stay in the same employment unless a request for permission from the Home Office to change jobs (effectively churches or organisations) is obtained. Permission will only be granted if he continues to work as a minister of religion and immigration regulations are satisfied.

From August 2004, it is now possible for ‘appropriately qualified’ overseas persons who are already in the UK in other capacities to switch to this category and become ministers of religion. To do this, the applicant must be;

* legally entitled to be in the UK;
* have spent a continuous period
of at least 12 months in the UK before making the application;
* and has either been working for at least one year as a minister of religion in any of the 5 years immediately prior to the date on which the application is made or,
* where ordination is prescribed by a religious faith as the sole means of entering the ministry, has been ordained as a minister of religion following at least one year's full-time or two years part-time training for the ministry, and
* is about to be appointed, or has been appointed, as a minister of religion in the UK and is suitable for such a position as certified by the leadership of his prospective congregation.

The Applicant must also intend to work full time a minister of religion, missionary or member of the religious order, must be able to maintain and accommodate and look after himself without recourse to public funds, and be able to must meet the language requirements.

Like any other category, a minister of religion can also eventually apply for Indefinite Leave to Remain (permanent residency). To succeed, he must show that;

* He has worked in the United Kingdom as a minister of religion for four years continuously;
* His congregation still needs him to work as a minister of religion; and
* He has not asked for help from public funds

Whilst on the subject of public funds, I shall clarify an oft-queried point and thereby reiterate my previous advice on this column. Anyone who is subject to immigration control, ie does not have permanent residence in the UK, is prohibited from accessing the majority of public funds. For the benefit of fellow Zimbabweans, I have repeatedly defined the forbidden ones in previous articles on this column. Accessing public funds whilst subject to immigration control is an immigration offence which potentially carries drastic consequences such as adverse decisions on subsequent applications for extension of stay, amongst others. As they say, forewarned is forearmed.

Taffy Nyawanza is accredited by the OISC and writes in his personal capacity. He can be contacted at profettaffy@yahoo.co.uk

Disclaimer: This article only provides general information and guidance on immigration law. It is not intended to replace the advice or services of a solicitor. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. The writer will not accept any liability for any claims or inconvenience as a result of the use of this information
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