Temporary Work - Creative Worker visa (formerly known as Tier 5 Temporary Worker - Creative and Sporting visa)

Please note that Temporary Work - Creative Worker visa now only regulates the creative part and is open to creative applicants.

There is another visa – International Sportsperson Visa that has replaced the Sportsperson (T2) visa and the sporting part of the Temporary Worker - Creative and Sporting visa (T5).

Temporary Workers of the points-based system enables young overseas nationals to experience life and culture in the UK and also permits workers to undertake short-term or temporary employment in the UK and consists of two main categories: the Youth Mobility Scheme and the Temporary Worker which consists of six sub-categories, set out below:

Temporary Workers – Creative Worker

This scheme provides individuals with the opportunity to come to the UK for up to 24 months to work in the creative industries, for example an actor, dancer, musician or film crew member.

This visa category does not lead to settlement by itself and may only be part for applying for settlement under the 10-year long residence basis.

A. Requirements

I Attributes

Initial and Extension Applications

You need all of the following to be eligible for the creative category:

• make a unique contribution to the UK labour market, 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 circuses)
• enough money to support yourself in the UK

B. Points Assessment

Applicants will need to satisfy a points test and maintenance requirement under this scheme. A total score of 40 points is required in order for applicants to successfully submit an application under the Temporary Workers scheme.

Points are awarded under the following headings:

(i.) Certificate of Sponsorship – 30 points

You need a licensed sponsor to give you a certificate of sponsorship before you can apply to work in the UK.

A certificate of sponsorship is a reference number which holds information about the job and your personal details. It’s not an actual certificate or paper document.

Your sponsor will give you your certificate of sponsorship reference number.

Your certificate of sponsorship is valid for 3 months from the date it is assigned to you.

Group sponsorship certificates

Applicants are able to include their entourage when entering the UK using a ‘group’ certificate of sponsorship. The entourage can include people whose work relates to the work of an entertainer, cultural artist or a dramatic production. Persons included in the entourage should be able to demonstrate their technical and/or specialist skills.

Multiple engagements

Applicants who are required to perform/participate in several engagements or performances may need to request their employer to issue a certificate of sponsorship to cover the whole period. The maximum amount of days between each engagement should be no more than a maximum of 14 days.

However, if each engagement is sponsored by individual employers, venues or promoters, each of those sponsors are able to issue a certificate of sponsorship for the purpose of covering its own show. The dates on each certificate must not overlap and again there must not be more than 14 days gap between each engagement.

(ii) Maintenance (Funds) – 10 points
To score points under this section, applicants will need to prove that they have sufficient funding to support themselves for the duration of their stay in the UK.

The requirement is to demonstrate either/or the following:

• At least £1,270 of personal savings in applicants’ own bank account for at least 3 months prior to the date of the application plus £285 for spouse (partner) dependant plus £315 for first dependant child and £200 for any other dependent child; OR
• An A-rated sponsor guarantees the applicant’s maintenance on the certificate of sponsorship. (Please note that the sponsor is unable to certify maintenance for any accompanying dependants).

Creative Worker visa concession

You can enter the UK without applying for a visa in advance if you:

• have a valid Temporary Work - Creative Worker certificate of sponsorship
• are coming to work in the UK for 3 months or less
• do not normally need a visa to enter the UK as a visitor

You must still meet the Temporary Work - Creative Worker visa eligibility requirements.

You will not be able to extend your stay while you are in the UK, or switch to another temporary work visa or a Skilled Worker visa.

C. Duration of the Creative Worker visa

You can come to the UK for a maximum of up to 12 months, or the time given in your certificate of sponsorship plus up to 28 days, whichever is shorter.

Your stay must start no more than 14 days before the start date on your certificate of sponsorship.

If you are changing sponsors, you can extend your visa for whichever is the shortest of:

• the time on your certificate of sponsorship plus 14 days
• the time needed to extend your stay to the maximum of 12 months

If you are staying with the same sponsor, you can extend your visa for whichever is the shortest of:

• 12 months
• the time on your certificate of sponsorship plus 14 days
• the time needed to extend your stay to the maximum of 24 months

D. Work Allowed

Applicants having leave to remain or leave to enter under the Creative Worker Visa category would be allowed to 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 shortage occupation list for up to 20 hours per week
• bring your partner and children with you as your ‘dependants’, if they’re eligible

E. What work is not allowed?

Creative Worker Visa holders are not allowed to get public funds and start or run your own business.

F. Switching

You can switch to a Temporary Work - Creative Worker visa if all of the following apply:

• you are in the UK as a Standard Visitor or for a Permitted Paid Engagement
• you have been doing permitted activities in the creative sector
• your sponsor gave you a Certificate of Sponsorship before you came to the UK

G. Applying for Entry Clearance

Applicants are able to apply for Entry Clearance under the Temporary Worker from the following places:

• applicant’s home country; or
• any other country where the applicant is currently in a similar role as a sportsperson or creative artist

Administrative Review (Entry Clearance applications)

If the entry clearance or extension application is refused by the Home Office, the applicant will be given a right to make a request for a review of the decision that must be exercised within 28 days for entry clearance applications or 14 days for extension and settlement applications of the date of service of the decision.

The applicant will only be able to rely on the information/documents already submitted with the application and will not be allowed to provide or submit any fresh evidence with the review request.

It is therefore strongly advised to take professional help while making grounds for making review request.

Right of Appeal

Applicants who apply under this scheme will only have a limited right of appeal. We therefore advise that applicants seek legal advice on the procedure for appealing.

What services we can offer?

Whatever the case, we are here to assist, advise and represent our clients in relation to any aspect of their immigration matters.

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