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. However, the need to recruit from overseas is acknowledged for the purpose of creating film and TV which is of the highest quality and holds international appeal. The UK immigration system upholds is approach, while supporting the UK as a global hub for the creative industries.
For international cast and crew to work on a UK production, sponsorship will normally be required; this must be applied for outside of the UK (both for non-visa and visa nationals). A ‘UK production’ is one which is based in the UK (e.g., via a UK entity, claiming the tax credit, set up as an official co-production, and/or is being financed here).
The usual immigration ‘route’ under which international cast/crew can be sponsored to work on a UK production is that of Temporary Creative Worker. (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.)
To legally work as a creative worker in the UK, international cast/crew must:
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 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. The applicant attends 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 assessment and processing. When the visa is approved, the applicant’s passport will be returned with (usually) a 30-day travel vignette. The rest of the visa is then provided on a biometric residence permit (BRP) card – once they are in the UK. The process usually takes around 3 weeks from the date of the appointment.
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), 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 the production until the date on the stamp. Therefore, it’s important to get a stamp (and not – for example – to go through the e-gates at the airport).
[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.]
Read more about the Temporary Creative Worker Route
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, such as Cosmopolitan Production Services, works with the production company to issue CoS, manage the compliance responsibilities, and provide all necessary paperwork and instructions.
The Home Office requires all Sponsors to undertake numerous specific duties, including keeping detailed records on sponsored workers’; their right to work in the UK (e.g., CoS stamps, visa vignettes or BRPs); their UK accommodation; contact details; and all TMOs (travel movement orders). The Home Office expects these records to be accurate and readily accessible, in case it decides to audit the Sponsor.
Find out more about sponsorship
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 industry unions, specifically, BECTU, PACT and the Production Guild) – and include criteria for production continuity and those who have highly-specialist skills, experience, or attributes.
The Skilled Worker immigration route is sometimes appropriate for overseas crew members 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.
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; it is reserved for those who have made a demonstrable contribution to the film and TV industry. To be eligible, applicants need to be 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 5 years. It is also a route to settlement in the UK.
Read more about the Global Talent Visa
[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