Visas and Sponsorship
The UK benefits from 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 benefits from 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.
For immigration purposes, a ‘UK production’ is generally one which is certified as British through the appropriate cultural test or qualifies as an official co-production, although there are exceptions.
A work permit for international cast and crew to work on a UK production will normally require sponsorship. This involves meeting the eligibility criteria, which includes complying with either the Creative Worker or Performer Code of Practice as appropriate, or (in some circumstances) having a ‘Skilled Worker occupation’ with a unique creative contribution. Applications should be made before the worker travels to the UK, regardless of whether they are from a ‘visa national’ or ‘non-visa national’ country.
The usual immigration route under which international cast and crew can be sponsored to work on a UK production is Temporary Creative Worker.*
To legally work as a Creative Worker in the UK, international cast and crew must:
*Some exceptional creative industry leaders may have or be eligible for a Global Talent visa which – if acquired – means they don’t need sponsorship; more on that below.
Overseas cast and crew working in the UK for more than three months and coming from a non-visa country, or those who are visa nationals and working in the UK for any amount of time, should apply for both sponsorship and a work visa under the Temporary Creative Worker route. The application must be made outside the UK, and the visa is valid for a maximum of one year, with the option to extend for another year.
To obtain a Temporary Creative Worker visa, the applicant (or their sponsor) applies and pays online. Most applicants* must attend an appointment at a visa application centre to submit their biometrics (fingerprints and photographs). At the appointment, their passport and application paperwork are handed over and sent for processing.
*EU nationals with a biometric chip in their passport may be able to make the visa application online using the Government’s IDV app (and do not need to attend a face-to-face appointment).
On the basis that the visa is approved, the applicant’s passport will be returned (if they attended an appointment) with (usually) a 30-day travel vignette; and the remainder of their work permit is issued on an e-visa (for which they need to set up an online account with UKVI to access). The process usually takes around three weeks.
Non-visa nationals (who meet the sponsorship criteria) can work for a maximum of three months on a UK TV/film production with just a Certificate of Sponsorship (CoS), and don’t need a visa. This is a quicker (and usually cheaper) process than applying for a full visa.
A CoS is not a physical certificate, but rather a reference number which holds the applicant’s information (inputted by a Sponsor – see below), specifically their personal details and role on the production. The applicant presents this number and their passport when they arrive in the UK. They should then receive a stamp; this gives them the right to work in the UK, on that particular production, until the date on the stamp. Therefore, it’s important to get a stamp and not – for example – go through the e-gates at the airport.
Like non-visa visitors to the UK, those entering with a Creative Worker CoS should also apply for an ETA before travel.
[N.B., having a CoS number does not guarantee entry to, or right to work in, the UK – this is granted at the discretion of the UK border officials present at the time. Nevertheless, it is rare for sponsored Creative Workers to encounter entry problems.]
A Sponsor is licensed by the UK Home Office to assign CoS to international cast and crew (Creative Workers) who meet specific 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 an independent third-party Sponsor to act on its behalf. A third-party Sponsor works for the production company to issue CoS, manage the compliance responsibilities, and provide all necessary paperwork and instructions. Third-party Sponsors are also licenced by the UK Home Office.
The Home Office requires all Sponsors to undertake numerous specific duties and keep detailed records on sponsored workers, including: their right to work in the UK (e.g., CoS stamps, visa vignettes or e-visas); their UK accommodation; contact details; and all Travel Movement Orders (TMOs). The Home Office expects these records to be accurate and readily accessible, in case it decides to audit the Sponsor.
Productions should always try, where possible, to use UK-based cast and crew, before looking to hire workers from overseas. They should keep records and evidence when UK searches are made. There are exceptions, for example, when a production is hiring an overseas cast member of international status, or a crew member of senior creative grade. There are other grounds for hiring overseas cast and crew; these are outlined in the Codes of Practice* (as determined by UK creative industries unions, specifically, BECTU, PACT and the Production Guild of Great Britain).
Where the relevant Code of Practice does not apply to an overseas national, they may be eligible for sponsorship as a Temporary Creative Worker if they will a) be performing a role in the creative industries that is categorised as a ‘skilled occupation’; and b) be making a unique contribution to creative life in the UK.
*There are separate Codes which apply to those in the creative industries: performers in film and TV; workers in film and TV; and categories of dancer, opera and theatre performers. These set out the criteria for grounds such as production continuity and those who have specialist skills, experience or attributes.
The Skilled Worker immigration route may be used for overseas employees working for a facility company, such as a UK VFX house.
To be eligible for a Skilled Worker visa, the applicant must have an offer of an ‘eligible occupation’ in the UK and be sponsored by their employer.
A Skilled Worker visa can be valid for a maximum of five years (depending on the duration of their UK contract).
It usually takes around three weeks from the time of application to receive a decision on a Skilled Worker visa.
Read more about visas for Skilled Workers
Leaders in the creative industries may be eligible for the Global Talent immigration route. This is a difficult visa to acquire as the criteria is demanding; for film and TV, it is reserved for those who have made a demonstrable contribution to the industry. To be eligible, applicants need to be acclaimed award winners or endorsed by a reputable body.
One of the many benefits of this prestigious visa is that the holder does not need an offer of employment to be in the UK – they can move between productions and remain in the UK for up to five years. It is also a route to settlement in the UK.
Read more about the Global Talent Visa
To note that 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 application.
This information has been prepared by Victoria Stone of Cosmopolitan Production Services (a licensed third-party sponsor for film and TV production companies). Contact details can be found on their website www.cosmopolitanps.co.uk