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.

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.

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

Why Choose Adam Bernard’s?

 

Our team of immigration law in Central London and East London has years of experience in navigating the requirements under this route and will ensure that you are comprehensively advised and represented throughout the process.

 

We understand the significance that these applications have on the lives of our clients and will ensure that every avenue is covered to give them the best chance of success.

Call us today at 0207 100 2525 to schedule a free consultation with our Immigration lawyers London.

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