Visas and Sponsorship
The UK boasts a wealth of award-winning talent, both above and below the line, and across all categories.
The BFC promotes sourcing UK crew and talent wherever possible.
The UK boasts a wealth of award-winning talent, both above and below the line, and across all categories.
The BFC promotes sourcing UK crew and talent wherever possible.
From 1st January 2021, the UK’s new points-based immigration system will be fully implemented and, for the first time, will include (most) EU nationals. (EU nationals to whom this will not apply will be those with settled or pre-settled status – see below).
The UK government created the EU Settlement Scheme to allow EU nationals ‘living’ in the UK up to 31st December 2020 to apply for either pre-settled or settled status. Application to the Scheme is free can be made any time before the end of the Brexit implementation period, i.e., 30th June 2021. Those who make successful applications will be granted authorisation as follows:
– Settled status: indefinite leave to remain in the UK (and ability to apply for British citizenship).
– Pre-settled status: up to five years to remain in the UK (and thereafter can apply for settled status).
EU nationals with either Pre- or Settled- Status do not require sponsorship to live and work in the UK; this is akin to EU freedom of movement and, essentially, allows holders to come and go as they wish.
Find out more about the EU Settlement Scheme.
In place of the previous 5-tiered system, the UK now operates under a range of immigration routes, the main ones being: Global Talent; Skilled Workers; Start-Up and Innovator; Students and Graduates; Sporting; Intra-Company Transfer; and Creative.
The Creative Route will be the most appropriate for production companies seeking to bring their international cast and crew to the UK. This Route covers all categories of creative worker, namely: actor, dancer, musician, or film crew member.
Such workers can apply for a visa or CoS under the Creative Route if they:
– have a confirmed offer of employment
– are being sponsored for their work by a suitable Home Office-licensed sponsor; and
– fit the other eligibility requirements, such as meeting the appropriate Code of Practice.
If a cast or crew member from a non-visa country is required to work in the UK for longer than three months, or they are a visa national required for any length of time, they should apply for a temporary work visa (which must include CoS) under the Creative Route. This category of visa is valid for a maximum of one year, with the option to extend for an additional year.
To obtain such a visa, the worker (or Sponsor handling the application) will need to apply online and make all necessary purchases. Applications will require them to attend an appointment at a biometric centre to submit their biometric details, namely fingerprints and photographs. At the appointment, their passport will be taken and thereafter sent along with the application pack for assessment and processing. An approved visa usually takes the form of the passport endorsed with a 30-day travel vignette; thereafter the visa will be carried on their biometric residence permit (BRP) card.
On average, it takes approximately 3 weeks from the date of the biometrics appointment until the return of the passport and visa vignette.
EU-nationals applying for a temporary Creative Route visa will not be required to attend a physical appointment; their biometrics (namely, facial imagery and passport details) can be submitted online during the application process, using a custom-designed smartphone app.
(NB. this is a summary of the Creative Route visa application process and does not amount to immigration advice; further consultation should be sought before making an application.)
Non-visa nationals can work in the UK on a film production with just a certificate of sponsorship (CoS) and do not require a full biometric visa (Creative Visa). To qualify for a CoS, the person needs to meet certain criteria, and they cannot exceed 90 days in the UK. A CoS normally takes a couple of weeks to obtain (see below).
A CoS is not a physical certificate, but rather a reference number which holds information (inputted by a Sponsor) about the worker’s personal details and their role on the production. The worker presents this number as part of their travel documentation upon arrival into the UK. Thereafter they should receive a stamp in their passport containing a date; this entitles them to work on the production for the specified period of time.
It’s important to note that possession of a CoS does not guarantee entry into the UK – this is at the discretion of the border officials at the UK port of entry. Nevertheless, it is rare for such workers to encounter entry problems.
Read more about the Creative Route.
What is a Sponsor?
A Sponsor is licensed by the Home Office to grant CoS to foreign creative workers who meet the necessary criteria. A production company can become a Sponsor by obtaining the relevant license from the Home Office. Alternatively, a production company can enlist the support of a third-party ‘overarching’ Sponsor, to act on their behalf; this Sponsor would issue the CoS, manage the compliance responsibilities, and provide all the necessary paperwork and instructions.
The Home Office requires all Sponsors to undertake a number of ‘sponsorship duties’, including maintaining records on workers’: ‘right to work’ in the UK (e.g., their CoS stamp, visa visual or BRP; their residing address(s); contact details; and any TMOs (travel movement orders). The Home Office expects this information to be readily accessible in case it decides to audit the Sponsor.
Productions should always try where possible to informally search for relevant workers within the UK, before broadening their search to incorporate workers of other nationalities; this is especially true of the new points-based immigration system. The exception to this is when a production is hiring a cast member of international status, or a crew member of senior creative grade. In all other cases, the international cast and crew members chosen must meet the relevant Code of Practice (as set down by the Guilds, i.e., BECTU, PACT and Production Guild).
The Codes of Practice contain a range of categories. Broadly speaking, these require cast and crew who are internationally known, required for production continuity, or who possess highly specialised skills or experience.
The Skilled Worker immigration route is usually the most appropriate for a facility company, such as a VFX house, seeking to bring a foreign worker to the UK.
A worker can apply for a Skilled Worker visa if they:
– have an offer of a skilled job in the UK
– have a CoS reference number; and
– meet other eligibility requirements.
A Skilled Worker visa is valid for a maximum of five years and 14 days, or the time given on your certificate of sponsorship plus one month, whichever is shorter.
It usually takes around three weeks from the time of application to receive a decision on a visa.
Read more about visas for Skilled Workers.
(NB. This is a summary of the ways non-UK nationals can enter the UK for work and does not amount to immigration advice; further consultation should be sought before making any such application.)
This information has been prepared by Victoria Stone of CoSmopolitan Production Services. Contact details can be found on their website www.cosmopolitanps.co.uk