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As the evenings become warmer and the sun is shining, you may be getting ready for the festival season! If so, then take a moment to think about how the musicians and artists are able to come to the UK. We often say, immigration is in everything and when talking to people they are often intrigued to know that an artist can’t just come to the UK and perform. We hear from lots of workers in the creative sectors at this time of year, as they prepare for summer schedules of filming and festivals in the UK. In this article, we give a quick overview of immigration routes available for workers in creative sectors, looking to work either temporarily or longer term in the UK.
Who is a creative worker?
A creative worker is someone contributing to the UK’s creative industries. This article focuses on options for creative workers in film, TV, music, comedy and related industries. It can cover actors, entertainers and musicians who are performing, as well as those involved in the productions ‘behind the scenes’ such as camera operators, script writers and costume designers.
Not all the options mentioned in this article will apply to all roles/industries, but it is a list of potential visa options to explore according to your own personal circumstances.
The main options open to Creative workers are:
Longer term
• Skilled worker (any duration)
• Global Talent (any duration)
Short term
• Visitor – Standard (up to six months, although typically shorter)
• Visitor – Permitted paid engagement (up to one month)
• Creative worker – Visa (up to 12 months)
• Creative worker - CoS concession (up to three months) *certain nationalities only
Longer term options
Global Talent visa
The Global Talent visa route is a competitive process which allows for talented and promising individuals in the field of arts and culture, to come and work in the UK for up to five years, with the possibility of settlement in the UK. If you are a leader (“exceptional talent”) or a potential leader (“exceptional promise”) in the arts and culture sectors, and are looking to work in the UK, a Global Talent visa could be an option.
Applicants must obtain an endorsement from Arts Council. To be eligible for an endorsement, you will need to have worked professionally and regularly in your field within the last five years. You must usually have a track record in your field in one or more countries.
The Global Talent route is a two-stage process. Stage one, the “endorsement stage” assesses your supporting documents against the published criteria. If you are successful in receiving an endorsement, you can proceed to stage two, the “visa application stage” where you will submit a visa application. If you have won one of the “Prestigious prizes”, you will be able to bypass the need for endorsement and directly submit a visa application.
Once you have received your Arts Council endorsement, you will have a period of three months from the date of the endorsement letter to make your visa application to enter or remain in the UK in the Global Talent category.
Key points
• A Global Talent visa allows the holder to work freely in the UK (subject to a restriction prohibiting work as a professional sportsperson)
• The visa can be issued for up to five years initially, with no overall limit on the period that it can be extended for
• It can lead to indefinite leave to remain in the UK after three years in certain circumstances (otherwise after five years)
Additionally, whilst the Global Talent endorsement requirements are high, it may be worth applying for a Global Talent visa even if you’re unsure you will meet the requirement - if your endorsement is not successful, the refusal is not classified as an immigration refusal and should not negatively impact any future visa applications.
We’ve had recent successes in obtaining a Global Talent visa from the following Creative Worker roles:
• Actor
• Comedian
• Director
• Producer
• Television show host
• Wildlife Camera operator
• Writer
You can also check the full list of eligible arts and culture fields.
Skilled Worker visa
The Skilled Worker visa route is open to creative workers who have a job offer in a suitably skilled role and with a suitable salary from a Home Office approved sponsor. It will be possible where there is a direct relationship e.g. employer-employee between the sponsor and the worker.
This category could be used by e.g. editors, illustrators, actors, presenters, dancers, musicians, studio managers, producers, agents, photographers, sound engineers, graphic designers etc.
The sponsor (employer) will assign a Certificate of Sponsorship, which is a virtual document confirming the details of the role on offer. The applicant can then make the Skilled Worker visa application.
Key points
• A Skilled Worker visa restricts the worker’s permission to work in the UK to their sponsored role only, plus ‘supplementary employment’
• Supplementary employment in the same type of role at the same professional level of up to 20 hours a week outside the hours of the main sponsored role
• The visa can be issued for up to five years initially, with no overall limit on the period that it can be extended for.
• It can lead to indefinite leave to remain in the UK after five years
• English language requirement – can be met with a degree taught in English, an English language test, or another approved method
Short term options
Visitor – Standard
The Visitor - Standard route allows short entries to the UK, officially up to 180 days per trip, for ‘permitted activities’ which must not amount to work in the UK and must not be paid in the UK. It must be clear that the person will not be basing themselves in the UK – as such each trip is likely to be significantly shorter than the permitted six months. The applicant continues to live and work outside the UK with only short visits to the UK.
Key points
• Limit of six months per trip officially although likely to be shorter in practice
• Must not be paid in the UK, nor base themselves in the UK through frequent or successive trips
• Purpose of the visit must fall within a ‘permitted activity’ as set out in the Immigration Rules e.g.
o Artists, entertainers or musicians can give performances, take part in competitions or auditions, make personal appearances and take part in promotional activities
o Artists, entertainers or musicians can take part in cultural events or a permit free festival from the recognised list or
o Film crew, including actors, producer, director and technicians employed by an overseas company can complete location shoots in the UK, if the film/programme is produced and financed outside the UK.
Certain nationalities must apply for and obtain a visit visa in advance of travel. This applies if you are a national of a country listed in Immigration Rules: Appendix Visitor: Visa national list. If your nationality is not listed, you can travel to the UK as a visitor without completing any advance application.
Visitor – Permitted Paid Engagement
The Visitor – Permitted Paid Engagement route allows visits to the UK for up to a month, for specific reasons, when payment is permitted (which is an exception to the general position that payment in the UK is not permitted for Visitors).
Key points
• Limit of one month per trip
• Engagement in the UK must be pre-arranged and evidenced by a formal invitation
• Engagement in the UK must relate to the worker’s area of expertise and occupation outside the UK
• Purpose of the visit must fall within the scope of a ‘permitted paid engagement’ as set out in the Immigration Rules e.g.
o Professional artists, entertainers or musicians can carry out an activity directly relating to their profession, if they have been invited be an arts or entertainment organisation, agent or broadcaster in the UK
Certain nationalities must apply for and obtain a visit visa in advance of travel. This applies if you are a national of a country listed in Immigration Rules: Appendix Visitor: Visa national list. If your nationality is not listed, you can travel to the UK as a visitor without completing any advance application (although you must have a pre-arranged and evidenced engagement of the sort described).
Creative Worker visa
Creative worker visa route is open to creative workers who are uniquely qualified for the particular role e.g. by experience, niche skill or for continuity reasons. This route could cover, for example, an internationally famous dancer, a member of a unit company, an actor who is filming partly outside the UK and partly in the UK, performers tied to the finance of a production, a Producer or Editor, and so on. The worker must be paid at or above industry standards.
The sponsor will assign a Certificate of Sponsorship, which is a virtual document confirming the details of the role on offer. The sponsor need not be the employer (as the creative worker will often not have an employer) – it may be the agent or venue, for example, that is registered as a sponsor. The applicant can then make the Creative worker visa application.
Key points
• A Creative worker visa restricts the worker’s permission to work in the UK to their sponsored role with their sponsor only, plus ‘supplementary employment’
• Supplementary employment in the same type of role at the same professional level of up to 20 hours a week outside the hours of the main sponsored role
• The visa can be issued for up to 12 months initially, with maximum 12 further months’ extension
Creative Worker visa concession / Certificate of Sponsorship (CoS) concession
If you otherwise qualify in line with the Creative worker requirements above, and are not a national of a country listed in Immigration Rules: Appendix Visitor: Visa national list, you may be able to skip the requirement to apply for a visa in advance of your travel to the UK. If you will work in the UK for less than three months, you can enter the UK on the basis of their Certificate of Sponsorship only with no visa application – simply travel to the UK and present the CoS at the border (together with any other required documentation).
The same key points apply as above.
Travel to Europe (Schengen visa)
Remember that a UK visa does not confer any right to travel or work in Europe. The eligibility and application process for a Schengen visa (or other permission) must be dealt with separately and in addition to the UK process.
Creative workers should plan strategically in this respect, lining up visa applications in an appropriate order and well ahead of travel plans. It is usually possible to apply for the Schengen visa up to six months before the intended travel into the Schengen area, whereas typically UK visa applications can only be made up to three months before the intended travel date to the UK.
The average processing time for a Schengen visa is 15 working days after having attended a biometrics appointment. However, different Schengen countries may offer different turnaround times. It is worth exploring if there is a benefit to applying to a particular country for the Schengen visa and lining up travel plans accordingly.
FURTHER INFORMATION
If you have any questions regarding this blog, please contact Emma Fowler, Marcia Longdon or a member of the immigration team.
ABOUT THE AUTHORS
Marcia Longdon joined as a partner in the immigration team in January 2014. She has practised in the area of immigration, nationality and European law since 1998. She has had a long career in the field of immigration and is incredibly passionate about this area of law. She has won a number of challenges against the Home Office regarding complex cases, which have resulted in discretionary leave for her clients.
Emma Fowler joined Kingsley Napley in 2012, and has worked in immigration since 2010. Emma advises corporate clients on all stages of the immigration process. She guides corporate clients through sponsor licence and Skilled worker applications, and has a detailed knowledge of prevention of illegal working. She also helps employees with permanent residence, indefinite leave to remain and naturalisation applications.
Jacklyn Widjaja joined Kingsley Napley in September 2022 as a paralegal in the Corporate Immigration team. Jacklyn assists with a range of applications in the Corporate team, mainly focusing on Skilled Worker visas, Indefinite Leave to Remain applications and Naturalisation.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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