Creative Worker Visa

A Creative Worker visa allows someone who works in the creative industries, for example and actor, dancer, musician or film crew member to enter the UK for temporary work.


The Creative Worker visa forms part of the UK’s suite of Temporary Worker routes and specifically caters to creative professionals who have a qualifying job offer in the UK from a licenced sponsor, who could be an agent, a producer, a promotor or promotion company, a production company, media organisation or an event organiser

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How Long Does This Visa Last?

The Creative Worker visa will usually be granted for a maximum of up to 12 months, or the time stated on the applicant’s Certificate of Sponsorship (CoS), plus up to 28 days, whichever is shorter.

If a non-visa national intends to work in the UK for 3 months or less, they can come under the route of Creative Worker visa concession. An individual can enter the UK under this route if they have a valid CoS from an approved sponsor for the Creative Worker route; however, they must still meet the visa eligibility requirements.

If There Is A Code Of Practice

Appendix Creative Worker Codes of Practice covers the following:

  1. Ballet
  2. Dancers (other than ballet)
  3. Film and television performers
  4. Opera performers
  5. Theatre performers
  6. Film ad television workers
  7. Fashion industry models

The sponsor must follow the relevant Code of Practice. Specified evidence, as outlined in the relevant part of Appendix Creative Worker Codes of Practice, must also be retained as proof of eligibility.

If the sponsor claims to have followed the relevant code of practice, but is later found to not have done so, the Home Office will revoke your sponsor license.

Eligibility 

To be eligible for this visa, the applicant must have a job offer from a licensed sponsor in the UK for a qualifying role within the creative industries and will need to meet all of the following:

  • Make a unique contribution to the UK labour marker, for example you’re internationally renowned or are required for continuity
  • Certificate of sponsorship reference number
  • Be paid the minimum salary as set by Equity, PACT or BECTU (except for models, musicians or cruises)
  • Enough money to support yourself in the UK – you’ll usually need to have at least £1,270 available (unless you’re exempt)

Eligible Creative Worker Roles

A key aspect of making a Creative Worker visa application is proving that the UK-based role qualifies under the visa requirements. Your employer must demonstrate that:

  • The details of the role comply with the relevant code of practice in Appendix Creative Worker Codes of Practice, if one exists for the worker’s role.
  • If there is no code of practice, the role is otherwise eligible to be sponsored on the Creative Worker route because the worker will be making a unique contribution to creative life in the UK
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If There Is No Code Of Practice

Where there is no code of practice, both of the following requirements must be met:

  • The role you are sponsoring the worker for must be in the creative industries and be in an occupation code listed in any of the table of Appendix Skilled Occupations
  • You must be able to show the worker can make a unique contribution to creative life in the UK

Some examples of occupation codes that may be eligible for the Creative Worker route could include the following:

  • 3411: Artists
  • 3412: Authors, writers and translators
  • 3413: Actors, entertainers and presenters
  • 3414: Dancers and choreographers
  • 3415: Musicians
  • 3416: Arts officers, producers and directors
  • 3417: Photographers, audio-visual and broadcasting equipment operators
  • 3421: Interior designers
  • 3422: Clothing, fashion and accessories designers
  • 3429: Design occupations not elsewhere classified

Please note that the above is not an exhaustive list.

The sponsor must explain on the CoS how the worker will be making a unique contribution to the creative sector in the UK. The sponsor must also retain any relevant evidence to show this. Examples include, but are not limited to, where the worker:

  • Has international status in their field
  • Has a certain attribute or appearance that is unlikely to be commonly available in the UK
  • Is needed for continuity
  • Is part of a ‘unit company’ (as defined in Appendix Creative Worker Code of Practice) which exists in another country outside of the UK and has performed at least once in that country

Alternatively, the sponsor can apply the principles set out in Appendix Creative Worker Codes of Practice to sectors for which there is no code of practice and retain any relevant evidence.

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Application Process

You must submit an application online using the unique reference number from your CoS. You can apply for a Creative Worker visa up to 3 months before the day that they are due to start work in the UK. This date will be listed on your CoS.

As part of the application, you will need to prove your identity and provide your supporting documents either through the UK Immigration: ID Check app or attending a visa application centre.

The supporting documents include the following:

  • Valid passport or other document that shows your identity and nationality
  • Certificate of Sponsorship assigned by the UK sponsor
  • Evidence of enough personal savings to support yourself while in the UK, for examples, bank statements, unless tour sponsor has confirmed financial support on the CoS
  • Proof of creative job role such as job contracts, offer letters, or proof of your creative work (e.g. portfolio, previous employment records) are necessary to prove that your role qualifies under the Creative Worker Visa
  • Tuberculosis certificate, if you are from a country where you to take the test

Depending on your circumstances, you may need to provide additional documentation, such as previous UK visas or proof of English language

Application Fee

The application fee for each person applying is £298. The fee is the same whether you are applying from inside or outside the UK. In addition to the application fee, you must also pay for the Immigration Health Surcharge (IHS). The IHS is £1,035 per year for each application.

Each dependant will also need to pay the IHS at the same rate as the main applicant.

Once you have applied online, proved your identity and provided your documents, you will usually get a decision on your visa withing 3 weeks if you are outside of the UK and 8 weeks if you’re inside the UK.

What You Can And Cannot Do?

Whilst on this visa, you can do the following:

  • Study (for some courses you’ll need an Academic Technology Approval Scheme certificate)
  • Work for your sponsor in the job described in your certificate of sponsorship
  • Do a second job in the same sector and at the same level as your main job for up to 20 hours per week
  • Do a job on the Skilled Worker immigration salary list for up to 20 hours per week
  • Bring your partner and children with you as your dependants, if they are eligible

You cannot do the following:

  • Claim public funds
  • No permanent employment
  • Start up a business
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Extending the Creative Worker Visa

There are numerous reasons why a British Naturalisation application may be refused, some of the most common reasons for refusal are:

  • Naturalisation refused to an existing CCJ
  • Naturalisation refused due to tax reasons
  • Naturalisation refused due to employment history
  • Refusal based on character
  • Refusal as a result of a criminal history

Your Naturalisation may be refused on the basis of a previous conviction, but attention may be given to the type of sentence received (whether it was custodial or non-custodial), the length of time served, and whether the nature of the crime occurred once or reoccurred on multiple occasions.
Unfortunately, in the event of a refused naturalisation, there is currently no grounds for appeal. If however you believe your case is strong enough to have the original decision overturned, it is possible to submit a Request to Reconsider application which costs £372.
Alternatively, you can reapply for Naturalisation on a fresh basis, though you would be required to pay the application fee of £1,330 again.
If you are uncertain of anything, or you have any doubts that your application may be refused, contact one of our London offices, where our specialist Immigration advisors will give you, accurate advice gained from their years of experience.

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Why Adam Bernard Solicitors?

  • Our team of immigration law in Central London and East London has years of experience in advising employers and workers on UK employment sponsorship under various routes.  We will ensure that you are comprehensively advised and represented throughout the process.

  • Requirements for naturalisation have become as strict as ever and navigating through the process can be extremely difficult. Our team of specialists remain up to date on all new developments within this area of law, giving you the best chances of success
  • Our client testimonies highlight the numerous successes we have achieved for our clients.

Get in touch with our expert Creative Work Visa Solicitors Today.

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