IMMIGRATION ROUTES FOR

ARTISTS AND ENTERTAINERS

IMMIGRATION ROUTES FOR

ARTISTS AND ENTERTAINERS

The UK is a world-leading hub for the creative industries. Whether you are an actor, musician, dancer or other performing artist, our immigration barristers in

Covent Garden are well versed in the full range of UK visas available to artists and entertainers who wish to visit, or work in, the UK.

Our specialist immigration barristers work closely with creative sector professionals, employers and event organisers across the film, television, music, performing arts and fashion industries to ensure that their immigration and visa requirements are met.

About usRichmond Chambers LLP is an award-winning, innovative partnership of specialist immigration barristers and other immigration law professionals. Based in the heart of London’s Covent Garden, we are ideally located to service the immigration and visa requirements of creative sector professionals, employers and event organisers across the film, television, music, performing arts and fashion industries.

Winner of the ‘Best Immigration Set of the Year - UK’ award at the Global Mobility and Immigration Awards 2014, Winner of the ‘Best Emerging Firm’ award at the MPF Awards for Management Excellence 2014 and Winner of the ‘ABS of the Year’ award at the Modern Law Awards 2014, our forward-thinking barrister-led law firm delivers creative immigration law solutions to artists, entertainers, production teams, technical and personal staff within the UK and overseas.

Our team of immigration barristers has experience in assisting all types of creative sector workers and employers, from individual performing artists to large production companies. We are experts in immigration options for artists and entertainers and will guide you through the complex Home Office rules and policies. We also understand that you will have other employment-related considerations as well as immigration, and will work with you to ensure that the visa application process runs smoothly, enabling you to meet your professional commitments and production deadlines. We will simplify the procedure for you and help to protect you from any immigration compliance issues.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to creative workers as part of a professional and friendly service.

For advice and assistance with visiting, or working in, the UK as an artist or entertainer, contact our immigration barristers and lawyers in Covent Garden, London on 020 3617 9173 or by email to info@richmondchambers.com

General visa information In order to undertake activities as an artist or entertainer in the UK, you will normally need to obtain a visa under one of the tiers of the points-based system. The points-based system has special categories and rules for those in the creative and entertainment industries. In most categories you will need to be sponsored by an employer. However, if you are going to be in the UK briefly, or for a single event or activity, one of the visitor visa categories may be more appropriate.

The main immigration routes available to artists and entertainers are:

Employers and event organisers

Employers: if you are a UK organisation and are looking to employ an individual to work in the UK, you will need to sponsor them, unless they are eligible for a Tier 1 Exceptional Talent or Tier 5 Youth Mobility Scheme visa. To sponsor an employee you will need to obtain a sponsor licence. If the individual will not actually be working for you then they may be eligible for one of the visitor visas mentioned below.

Festivals and Cultural Events: if you organise a festival or cultural event, it will be much easier and cheaper for your performers to enter the UK if your event is on the Home Office’s list of permit free festivals. If your event is on the list then your performers will be able to enter the UK with a Visit (Standard) – Business Creative visa you will not be required to sponsor them under the points-based system. To be included on the list, your event must have been established for 3 years, have an audience of over 15,000 people and have 15 or more non-EEA national performers each year.

J Visit (Standard) – Business Creative;

J Permitted Paid Engagements (PPE) Visit;

J Tier 1 Exceptional Talent visa;

J Tier 2 General visa;

J Tier 2 Intra-company Transfer (ICT) visa;

J Tier 5 Temporary Worker visa;

J Tier 5 Youth Mobility Scheme (YMS) visa.

Visit (Standard) – Business CreativeThe Visit (Standard) – Business Creative visa is designed for non-EEA national entertainers who wish to come to the UK for a period of up to six months in order to perform at an event or to take part in a music competition. Technical or support staff may also apply for the Visit (Standard) – Business Creative.

In order to qualify for the Visit (Standard) – Business Creative visa, you must be over 18 and intend to come to the UK in order to:

J Give performances as an individual or as part of a group

J Take part in a competition or audition

J Make personal appearances and take part in promotional activities

J Take part in one or more cultural events or festival on the list of permit free festivals.

J Serve as a member of the technical or personal staff, or of the production team, of an entertainer coming to the UK for one or more of the above purposes, or attending the same even as an entertainer carrying out a permitted paid engagement as a visitor (see below for more information about permitted paid engagements).

Individuals in this category are not permitted to receive fees, payments or sponsorship, however they may receive cash prizes as well as board, lodging and living expenses.

Technical and production staff can include conductors, choreographers, stage managers or similar roles. Personal staff can include make-up artists, personal bodyguards or other personal staff.

You must not intend to take employment, produce goods or provide services within the UK, including the selling of goods or services directly to members of the public. You must also be able to show that you can maintain and accommodate yourself for the duration of your stay, that you intend to leave the UK and that you can meet the cost of your onward journey.

You must not intend to live in the UK through frequent or successive visits, be in in transit to a country outside the Common Travel Area (UK, Ireland, Isle of Man, Jersey and Guernsey), intend to undertake a course of non-incidental study over 30 days duration, marry or form a civil partnership or receive private medical treatment in the UK.

Visit (Standard) – Business Creative visas are granted for up to 6 months. However, you may also apply for a long-term visa if you can prove that you need to make repeated visits of up to six months each over a longer period.

Visit (Standard) – Business Creative visitors are not allowed to bring family members to the UK on the same visa. If you would like your family to accompany you then they will need to enter as a Visit (Standard) – Tourism and Leisure or Child Visitor.

Nationals of certain countries are not required to apply for visitor visas before travelling. They can instead simply ask to enter the UK when arriving at the UK border. If this applies to you, it is a good idea to prepare all the relevant documents and have these checked before you travel, in order to avoid being refused entry to the UK.

Permitted Paid Engagement Visitor VisaThe Permitted Paid Engagement visa category is for non-EEA nationals who are seeking to come to the UK to perform a specific task, for which they will be paid, without having to be sponsored under the points-based system.

Visitors cannot normally work for a UK employer in the UK. However, there are some exceptions to this rule, known as Permitted Paid Engagements. The Immigration Rules provide an exhaustive list of paid engagements that are permitted. The relevant Permitted Paid Engagements for artists and entertainers are:

J Taking part in an arts or entertainment activity, by invitation of an arts organisation or broadcaster based in the United Kingdom;

J Taking part in fashion modelling assignments;

J Examining students and/or participating in or chairing selection panels as a visiting academic, who is highly qualified within a field of expertise, invited by a UK based research or arts organisation as part of that organisation’s quality assurance process;

J Giving one or more lectures in a field of expertise as a visiting lecturer, invited by a United Kingdom based research or arts organisation provided this is not in a formal teaching role.

All engagements must be pre-arranged before applying for a Permitted Paid Engagement visa.

You must be over the age of 18 and not intend to work while in the UK, otherwise than as permitted. You must also be able to show that you can maintain and accommodate yourself for the duration of your stay, that you intend to leave the UK and that you can meet the cost of your onward journey.

You must not intend to live in the UK through frequent or successive visits, be in transit to a country outside the Common Travel Area (UK, Ireland, Isle of Man, Jersey and Guernsey), intend to undertake a course of study, marry or form a civil partnership or receive private medical treatment in the UK.

If you visit the UK as a Permitted Paid Engagement Visitor, you will allowed to stay in the UK for up to 1 month.

Permitted Paid Engagement visitors are not allowed to bring family members to the UK on the same visa. If you would like your family to accompany you then they will need to enter with a Visit (Standard) visa.

Nationals of certain countries are not required to apply for visitor visas before travelling. They can instead simply ask to enter the UK when arriving at the UK border. If this applies to you, it is a good idea to prepare all the relevant documents and have these checked before you travel, in order to avoid being refused entry to the UK.

Film CrewIf you are a member of an overseas film crew, you may be able to apply for a Visit (Standard) - Business visa instead. The Visit (Standard) - Business visa can be granted for up to 6 months. It is the right visa for you if you are visiting the UK to take part in a location shoot as a member of a film crew. This means that you are a film actor, producer, director or technician paid or employed by an overseas firm other than one established in the UK and are coming to the UK for location sequences only for an overseas film.

You must not intend to take employment, produce goods or provide services within the UK, including the selling of goods or services directly to members of the public. However, you will be allowed to take some limited courses of study if you wish.

Tier 1 Exceptional Talent VisaThe Tier 1 Exceptional Talent visa is for artists and entertainers who are internationally recognised as world leaders (exceptional talent) or potential world-leading talent (exceptional promise) in the fields of the arts and who wish to work in the UK.

J Dance;

J Music;

J Theatre;

J Visual arts;

J Literature;

J Museums;

J Galleries;

J Film;

J Television;

J Animation;

J Post production;

J Visual effects.

There are two stages to applying for a Tier 1 Exceptional Talent visa as an artist or entertainer.

Stage 1 – apply for endorsement: you must apply for an endorsement from the Arts Council. The Arts Council will endorse applications within the following fields:

The Arts Council will require you to demonstrate that you are professionally engaged in producing work of outstanding quality which has been published (other than exclusively in newspapers or magazines), performed, presented, distributed or exhibited internationally.

To be endorsed, you will need to show that you are a world leader in your field or have the potential to become a world leader in your field. You cannot apply as someone with the potential to become a world leader in the film, television, animation, post production and visual effects industry. You must already be a world leader in these fields.

If your application is endorsed, you can then move on to stage 2 of the process.

Stage 2 – apply for the visa: after being endorsed, you may then apply for your visa. You must apply outside the UK unless you are in the UK with leave to remain under Tier 1, Tier 2 or as a Tier 5 Temporary Worker migrant, sponsored in the Government Authorised Exchange sub-category in an exchange scheme for sponsored researchers.

If your visa application is granted, you will be allowed to live and work in the UK for up to 5 years. After 5 years you can apply to extend your visa, or apply to settle in the UK permanently. To extend your visa or settle in the UK, you will need to show that you engaged in some paid activity in the UK as a result of employment or self-employment in your expert field.

Tier 2 General VisaThe Tier 2 General visa is one of two main visas available to skilled creative workers who have a job offer in the UK (the other being the Tier 2 Intra-company Transfer visa). Your employer must already be operating in the UK and hold a Tier 2 Sponsor Licence.

The Tier 2 General visa is for employees who are needed in the UK for a role where the position cannot be filled by a settled or EEA worker. Where the employee is required for a creative profession, the role the worker will perform must appear on the list of creative occupations skilled to NQF level 4 or above as stated in the Codes of Practice. The professions on the list are currently:

J Artists;

J Authors, writers and translators;

J Actors, entertainers and presenters;

J Dancers and choreographers;

J Product, clothing and related designers.

You will usually need to show that your prospective employer has advertised the role, which is referred to as the Resident Labour Market Test. However, jobs in shortage occupations are exempt and do not need to be advertised.

You will need to satisfy UK Visas and Immigration that your job offer is a genuine vacancy and that you are appropriately qualified or registered to do the job. You will also need to ensure that you will be paid a minimum of £20,800 or the minimum for the specific role according to the Codes of Practice. Additionally, you will need to demonstrate that you are competent in the English language and that you have sufficient funds to support yourself and any dependants. Alternatively, your employer may certify that they will maintain you and your family.

If you are in the UK under Tier 1, 2, 4 or the Tier 5 Temporary Worker category of the points-based system, you may be able to switch into the Tier 2 General category. If you are a Tier 4 General Student or a Tier 1 Post Study Work migrant, you may be able to switch into Tier 2 General without the need for a Resident Labour Market Test.

If you are currently in the UK as a Tier 2 Intra Company Transfer (ICT) migrant, you will only be able to switch into the Tier 2 General category if your Tier 2 ICT visa was granted before 6th April 2010 and you are applying to change sponsor, or you have leave under the Tier 2 ICT: Established Staff category granted before 6th April 2011 and are applying to change sponsor.

If you are currently in the UK as a Tier 4 General Student, you will need to complete and pass your degree level course before you are eligible to switch into the Tier 2 General category.

The maximum length of an initial Tier 2 General visa is 5 years. Tier 2 General migrants may bring their dependent partners and children with them to the UK.

It will normally be possible to extend your visa if you are still working in the same role for the same employer and your employer will not normally be required to advertise the role again. If eligible, as a Tier 2 General migrant you may settle in the UK after 5 years. If you do not settle in the UK, the maximum duration of stay as a Tier 2 General skilled creative worker will be 6 years. Tier 2 General migrants must leave the UK on the expiry of their leave and wait 12 months (the ‘cooling off period’) before applying to return in a Tier 2 category, unless they are paid more than £155,300 per annum or were previously sponsored for a period of 3 months or less.

Tier 2 Intra-Company Transfer (ICT) VisaThe Tier 2 Intra-Company Transfer (ICT) visa enables multinational employers to transfer their existing employees to their UK branch for training purposes or to fill a specific vacancy.

If you are employed overseas by a multinational arts or entertainment company with a presence in the UK, you may be able to apply for a Tier 2 (Intra-Company Transfer) visa. Your company must already be operating in the UK and must hold a Tier 2 Sponsor Licence. The overseas company that you are transferring from must be listed as a linked entity on the Tier 2 Sponsor Licence.

There are four types of Intra-company Transfer visa: Short Term Staff, Long Term Staff, Graduate Trainee and Skills Transfer.

Short Term Staff: This visa is for employees who are needed in the UK for 12 months or less and where the position cannot be filled by a settled or EEA worker. You must have worked for an overseas branch of the company for at least 12 months. The maximum duration of stay on this visa is 12 months. You must be paid a minimum of £24,800 or the minimum for the specific role according to the Codes of Practice.

Long Term Staff: This visa is for employees who are needed in the UK for a period of 12 months or more and where the position cannot be filled by a settled or EEA worker. You must have worked for an overseas branch of the company for at least 12 months. You must be paid at least £41,500 or the minimum for the role according to the Codes of Practice. The maximum duration of stay on this visa is 5 years, or 9 years if you earn over £155,300 per annum.

Graduate Trainee: This visa is for employees who have recently graduated and who will participate in a graduate training programme for a specialist role. You should be a recent graduate and have had at least 3 months’ experience with your overseas branch. The maximum duration of stay on this visa is 12 months.

Skills Transfer: This visa is designed for transferring new and graduate employees to the UK base of an overseas company for the purpose of gaining skills and knowledge or to train others in the UK. There is no minimum amount of time for which you must have been with your overseas branch. The maximum duration of stay on a Skills Transfer visa is 6 months.

All ICT categories: The role that you will perform must normally appear on the list of creative occupations skilled to NQF level 4 or above as stated in the Codes of Practice. As a Tier 2 ICT migrant, you may bring your dependent partner and children with you to the UK.

It will normally be possible to extend your visa if you are still working in the same role for the same company, until you reach the maximum duration for your visa category listed above. Tier 2 ICT migrants must leave the UK on the expiry of their leave and wait 12 months (the ‘cooling off period’) before applying to return in a Tier 2 category, unless they are paid more than £155,300 per annum or were previously sponsored for a period of 3 months or less. The only other exceptions to the cooling off period are for Short Term Staff, Skills Transfer or Graduate Trainee migrants who may apply to re-enter the UK as Tier 2 (ICT: Long Term Staff) migrants without waiting for 12 months.

The key difference between the Tier 2 General and Tier 2 ICT routes is that those who entered the UK in the Tier 2 ICT category after 6th April 2011 cannot ‘settle’ in the UK. Therefore, if you wish to remain in the UK permanently, you may wish to consider the Tier 2 General category.

Tier 5 Temporary Worker VisaThe Tier 5 Temporary Worker (Creative and Sporting) visa is for creative sector workers who wish to work in the UK for a temporary period and whose entry to the United Kingdom will help to satisfy cultural objectives.

To apply in this category you must be sponsored to come to the UK as a creative worker by an employer holding a Tier 5 sponsor licence. You will initially be allowed to come to the UK for up to 12 months. Once in the UK, you will be able to extend your visa up to 24 months.

To qualify as a creative worker you must work in the creative industry, in a profession such as an actor, dancer, musician or film crew member. You must be making a unique contribution to the UK labour market. This might mean that you are renowned, or you could be required for continuity.

You will need to prove that you have specified savings, or your sponsor can certify that you will be maintained without recourse to public funds. You will also need to demonstrate that you will be paid a minimum salary as set by the relevant UK trade union. You may bring your dependants to the UK with you.

Tier 5 Youth Mobility Scheme (YMS) VisaThe Tier 5 Youth Mobility Scheme visa allows citizens of certain countries aged between 18 and 30 to live and work in the UK for up to 2 years.

Currently, citizens of Australia, Canada, Japan, Monaco and New Zealand are eligible for a Tier 5 Youth Mobility Scheme visa. British Overseas Citizens, British Overseas Territories Citizens and British Nationals (Overseas) are also eligible to apply. If you are a citizen of Hong Kong, the Republic of Korea or Taiwan, you are also eligible for a Tier 5 YMS visa if you are sponsored by a relevant government department in your home country.

To be granted this visa you must satisfy a maintenance funds requirement and not have any children under 18 who live with you or for whom you are financially responsible. You must also not previously have been in the UK under the Tier 5 Youth Mobility Scheme or in the former ‘Working Holidaymaker’ category. Family members cannot accompany you as your dependants, but must instead apply separately.

If your application is successful, you will be free to work as an artist or entertainer in the United Kingdom for 2 years. You will also be able to be self-employed and set up a company, provided that your premises are rented, your equipment is worth not more than £5,000 and you do not have any employees. You may also undertake voluntary work and au pair placements as and when you wish.

Visit (Standard) Business Creative

Permitted Paid Engagement

Visitor

Tier 1 (Exceptional

Talent)

Tier 2(Intra Company

Transfer)

Tier 2 (General)

Tier 5 (Temporary

Worker)

Tier 5 (Youth Mobility Scheme)

Maximum length of initial visa

6 months* 1 month 5 years 5 years 5 years1 year in

most cases2 years

Extension 7 ** 7

Extensions of 5 years for an unlimited

period

Up to 5 years in total

(9 years for high earners**)

Up to 6 years in total

Up to 2 years in total 7

Settlement 7 7 3 7 3 7 7Sponsor Licence required

7 7 7 3 3 3 7

Minimum salary

requirement7 7 7

£24,800 (short term staff,

skills transfers and graduate

trainees),£41,500

(long term staff) or occupation

minimum

£20,800 or occupation minimum

Trade union minimum

salary7

Restrictions

Permitted Entertainer or Business

Visitor activities only

Permitted Paid Engagements

only

Must be endorsed.

No work as a doctor or dentist in training.

Must work for sponsoring employer

Must work for

sponsoring employer

Must undertake role sponsored for

No work as a professional sportsperson,

doctor or dentist in training

Dependents 7 7 3 3 3 3 7* It is also possible to obtain a Visit (Standard) - Business Creative visa for 1, 2, 5 or 10 years. However, each visit must last no more than 6 months.** A high earner is someone whose salary is £155,300 or more.

At Richmond Chambers LLP, our immigration barristers provide expert advice to the entertainment industry on UK visa and immigration requirements. We assist artists and entertainers, employers and event organisers with ensuring that talented creative sector professionals can visit or work in the UK.

For advice and assistance with applying for a UK visa for an artist or entertainer, please contact our immigration barristers and lawyers in Covent Garden, London on 020 3617 9173 or by email to info@richmondchambers.com.

Seven Henrietta Street | Covent Garden | London WC2E 8PSTel 020 3617 9173 | Fax 020 3004 1611 | Email info@richmondchambers.com | www.richmondchambers.com