Creative Worker Visas For US Artistes and Content Creators
Since the US election, there's been an upsurge in inquiries about Creative Worker Visas for US citizens. It seems that many in the US creative sector feel the need to explore US exit strategies.
In this blog, our Legal 500 recommended Immigration Solicitors look at eligibility for the Creative Worker Visa and how to go about making an application.
UK Online and London-Based Immigration Solicitors
For immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
Why Choose the UK as a Creative Worker?
There are many reasons why US creative citizens are interested in coming to the UK. Donald Trump's name has been mentioned but there is a helpful list of pull reasons on the British Film Commission website.
What is a Creative Worker Visa?
A Creative Worker Visa is a Temporary Work Visa. The creative worker needs a sponsor, a job offer and a certificate of sponsorship to qualify for the visa.
Eligibility for the visa can be confusing as the immigration rules talk of appendices and codes. If you are interested in working in the UK it's best to speak to an Immigration Solicitor to see if you qualify for a Creative Worker Visa, Skilled Worker Visa or other route, such as the Global Talent Visa.
Who can Sponsor a Creative Worker?
The Creative Worker Visa is a sponsored immigration route so sponsorship is a necessity. However, sponsorship isn’t confined to the BBC or major broadcasters or publishers. A Creative Worker Visa applicant can be sponsored by any organisation with a sponsor licence, such as:
- Agents
- Events organiser
- Producers
- Promotion companies or promoters
If you are unsure if your organisation qualifies for a sponsor licence our Sponsorship Licence Lawyers can advise on the application process and manage the sponsor licence and certificate of sponsorship allocation.
All sponsors must ensure that sponsored creative workers comply with the relevant Code of Practice (provided one exists for the sponsored occupation). If there isn’t a relevant code the creative worker must be working in a creative job in Appendix Skilled Occupations and able to show they can make a unique contribution to UK creative life.
Who is a Creative Worker for a UK Creative Worker Visa?
The Home Office guidance for the Creative Worker Visa (Temporary Work) has two classes of creative workers:
- Creative workers working in an area with an Appendix Creative Worker Codes of Practice
- Creative workers who are not subject to an Appendix Creative Worker Code of Practice but still qualify
The Creative Worker Visa is flexible enough to work for those in the creative sector who need a Temporary Work Visa for up to 12 months. For example, to cover a performer’s theatre run or assisting behind the scenes in a TV production. Alternatively, the visa can cover an artiste and their support staff visiting the UK for several performances or concerts.
Appendix Creative Worker Codes of Practice
The immigration rules contain Appendixes for these types of creative workers:
- Ballet dancers
- Other dancers
- Opera performers
- Theatre performers
- Film and TV performers
- Workers in film and television
- Models in the fashion industry
Applications for Creative Worker Visas Where There is no Appendix Code of Practice
If a Code of Practice doesn’t cover an area of creative talent a visa applicant can qualify for a Creative Worker Visa if:
- The job is listed in the government‘s list of creative jobs in Appendix Skilled Occupations and
- They will make a unique contribution to the UK creative economy
Creative Jobs in Appendix Skilled Occupations
The UK government regularly reviews jobs in Appendix Skilled Occupations. Currently, creative jobs in the Appendix include:
- Managers and directors in the creative industries
- Graphic and multimedia designers
- Artists
- Authors, writers and translators
- Actors, entertainers and presenters
- Dancers and choreographers
- Arts officers, producers and directors
- Photographers, audio-visual and broadcasting equipment operators
- Interior designers
- Clothing, fashion and accessories designers
- Design occupations not elsewhere classified, such as film makeup artist
Each of these current 11 job roles has a standard occupational classification code. Each coded job title then has job titles falling within the code. The 11 codes and numerous job titles give plenty of scope for US citizens looking to work in the creative sector in the UK.
Additional Work and Engagements While in the UK on a Creative Worker Visa
The immigration rules recognise that many creative workers have several work engagements. For example, they may have a job in broadcasting but also do some entertainment or public speaking work. The rules allow a visa holder to do work on top of their main sponsored job provided it is:
- In the creative sector or a job on the Immigration Salary List and
- Limited to up to 20 hours per week
How Long Does the Creative Worker Visa Last?
The Creative Worker Visa lasts up to 12 months but a visa holder can apply to extend the visa for a further 12 months if their job is going to continue or if they have another qualifying job in the creative sector.
Creative Worker Visas won't be renewed beyond 24 months in total. However, if an applicant wants to stay in the UK they can switch visas to a route that allows them to settle once they meet the residence requirement and can apply for Indefinite Leave to Remain.
Applying for a Skilled Worker Visa may be a good route if an applicant knows they want to stay in the UK and has a qualifying creative job offer. There are other options depending on circumstances. For example, the Global Talent Visa is suitable if the applicant is a recognised leader or potential leader in the fields of arts, culture, or digital technology and has an endorsement from an endorsing body or is exempt from endorsement. In some cases, the Global Talent Visa provides for accelerated three-year UK settlement.
Quick Creative Worker Visas
If a creative worker only needs to be in the UK for a short period, for example, to perform at three concerts, they may be able to get a quick Creative Worker Visa. This is called the Creative Worker Visa concession.
The concession is available where the worker doesn’t need a visa to enter the UK and wants to remain in the UK for three months or less. They can enter without getting a visa in advance provided they have a certificate of sponsorship and meet the other eligibility criteria.
If an applicant needs a Creative Worker Visa as they will be staying in the UK for longer than three months, they can pay the extra Home Office fees for priority processing of their application. This is often crucial for short-notice engagements.
Creative Worker Visa Eligibility Criteria
To qualify for a Creative Worker Visa an applicant must:
- Be sponsored and have a certificate of sponsorship
- Meet the English language requirement
- Meet the financial requirement
- Where relevant, be paid the minimum salary threshold for the visa
- Not fall foul of the general grounds for refusal, such as previous immigration history
US citizens are exempt from sitting an English language test because the US is an English-speaking nation.
The financial requirement isn’t onerous for most US visa applicants. The applicant must prove they have enough personal savings to support themselves on arrival in the UK, namely have at least £1,270 available in their bank account. The money must have been available for at least 28 consecutive days.
How to Apply for a Creative Worker Visa
The Creative Worker Visa application process involves:
- Securing a certificate of sponsorship from a sponsor licence holder
- Organising documents needed in support of the Creative Worker Visa application
- Filing an online application
- Paying the visa application fee and immigration health surcharge
- Paying the priority service fee for a quick decision
- Providing biometric information
Applicants shouldn’t apply for a visa more than three months before their job or their engagements are due to start as the visa must be used within three months.
OTS Solicitors Legal 500 Recommended Immigration Attorneys
OTS Solicitors are recommended in Legal 500 for their immigration expertise. Our immigration experts understand that whether you are an agent, HR director in a production company or a creative person wanting to explore working in the UK creative sector on a Temporary Work Visa, you want excellent legal advice delivered quickly and without fuss.
Working in the creative sector isn’t without stress and that’s why our Immigration Lawyers are committed to making your sponsor licence or visa application as stress-free as possible to ensure that global creative talent can get to the UK in time to meet their production, show or job deadlines.
Our Immigration Solicitors are here to assist whether you need help with a sponsor licence application or with preliminary advice on whether a Creative Worker Visa or Skilled Worker Visa meets your needs.
Online and London-Based Immigration Solicitors
For immigration law advice call OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
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