Foreign Nationals Working In Film
Sponsorship Registration System
Tiers relating to Performers and Creative Workers entering the UK
The process applicable for each Tier
Specific information for Tier 5
Other issues to consider
Where can I find more information about the new system
During 2008 the government launched an entirely new immigration system known as the Points-Based System (PBS) which replaced the work permit system for migrant workers coming to the UK from outside the EEA area. Different rules apply to visa nationals and non visa nationals. You should check the UKBA website to clarify which rules apply.
One of the changes is an increase in the immigration and nationality application fees for all those applying to study, visit, work or stay in the UK as well as an introduction of fees for visas which were not charged for in the past. These can be found here.
1. Sponsorship Registration System
The UK sponsorship system which is in place operates under a five tier system. Prior to a migrant/employer applying they will need to establish which Tier is applicable.
Tier 1 – Highly Skilled, entrepreneurs, and investors.
Tier 2 – Skilled workers.
Tier 3 – Low Skilled workers
Tier 4 – Students
Tier 5 – Temporary workers (including performers and creative workers)
2. Tiers Relating To Performers And Creative Workers Entering The Uk
Performers (such as actors, singers or musicians) and other creative workers working in TV and film can enter the UK under either Tier 1, Tier 2 or Tier 5.
Tier 1- The Tier 1 (General) category allows highly skilled people to look for work or self employment opportunities in the UK. Unlike sponsored workers you do not need a job offer if you are a highly skilled worked. When you apply you are awarded points based on qualifications, earnings, UK experience, age, English language and funds. This is intended for people wanting to settle in the UK. The new Tier 1 Exceptional Talent category is for those who are recognised internationally for their contribution in film, television, animation, post production and visual effects industry.
Tier 2- Workers with a skilled job offer from a UK company. Employers who wish to sponsor workers must make sure that an individual meets the requisite skills, experience and salary criteria to qualify for entry under the points system.
Tier 5 -Is the main route for entry for performers and creative people from overseas to come to the UK for short periods to work in film and TV. Under Tier 5 there is a self-certification scheme for employers to sponsor workers, even though the direct employer/employee relationship may not exist, there must be a sponsor who is able and willing to take on all of the sponsorship duties, provided the sponsors comply with the industry resident labour Codes of Practice issued by the UKBA.
3. The Process Applicable For Each Tier
Tier 1
For highly skilled migrants who wish to migrate to the UK and settle here long term. The individuals receive a visa which allows them to remain in the UK without the requirement of a job offer or any kind of sponsorship from an employer. Applicants have to meet stringent skills and experience qualifications to acquire sufficient points to enter the UK.
The UKBA will also look to introduce in 2011 a new Tier 1 Exceptional Talent category to the points based system. The policy guidance will come into effect from 6 April 2011.
As of the 16 March 2011 people who come under the Tier 1(Investor) route will be able to settle after 2 year if investing large sums of money rather than the current 5 year period.
Tier 2 and Tier 5 procedure in general
a) Employer needs to register as sponsor with UKBA
The migrant needs to be sponsored by an employer. The employer will need to be registered as a sponsor with UKBA and meet the sponsor licence requirements.
A sponsor has a number of legal obligations and will need to consider carefully whether they are equipped to carry out these obligations. Sponsors are required to keep records, monitor migrant workers and assist the UKBA where necessary. Failure to comply with the rules can result in a downgrading or loss of your sponsor status. Serious offences can be punished by fines or imprisonment.
In order to gain a licence as a sponsor of creative workers and their entourage, prospective sponsors must be operating, or intend to operate, in the creative sector. Examples include a national body, event organiser, producer, venue, agent or other similar organisation.
They will need to register with the UKBA and has a registration fee of £400. This requirement also applies to start-up companies and SPVs. Once registered, the right to sponsor lasts for four years and can then be renewed.
Registration is done online via the UKBA website.
Once an employer is registered with the UKBA they will be able to issue sponsorship certificates for migrants a (Cos).
b) Certificate of Sponsorship (CoS)
The migrant needs a Certificate of Sponsorship (CoS) in order to apply under Tier 2 and Tier 5 and this is assigned by the sponsor to the migrant.
In order for a sponsor to assign a certificate, you must complete the migrant and sponsorship details (including salary, skill level, and whether the job meets the resident labour market test, is an intra-company transfer or is in a shortage occupation).
The sponsor may only assign a certificate of sponsorship for a job on the shortage occupation list if the migrant is contracted to work for a minimum of 30 hours per week. The skilled work included in the shortage occupation list can be found here.
They will get all the points they need to apply (except the points for English language and maintenance) and they will not need to prove their prospective earnings or qualifications.
The certificates are electronic virtual permits rather than paper certificates. A registered sponsor must provide evidence in support of a migrant to demonstrate they meet the relevant Resident Labour Market Test (RLMT) (Tier Two) or the requirements of the relevant Code of Practice (Tier 5) and they must act as being responsible for that migrant when they are in the UK. Decision will be reached based on the evidence provided.
c) Tier 2
A candidate must obtain at least 50 points under the RLMT. Points can be obtained through showing qualifications, prospective earnings, an offer of a job, English language competency and other qualifying criteria. Visit the website for the point sytem.
From 6 April 2011, the eligibility criteria changes (e.g. minimum skills levels) and there will be a limit on certain Tier 2 applications. Introducing a limit on parts of Tier 2 means that the UK Border Agency will require sponsors to check the guidance before they issue a CoS to see whether the role they wish to fill falls into the ‘Restricted’ or ‘Unrestricted’ category.
d) Annual Limits April 6 2011
The annual limit of sponsorship will be divided into 12 monthly allocations. Due to the likely demand in the first month, more certificates of sponsorship will be made available in April. After that there will be a set limit per month and any places that are unused each month will be rolled over to the following month.
The intra-company transfer route, which is not part of the annual limit, will also be changed in 3 ways:
• the job will have to be in an occupation on the graduate occupation list;
• only those paid £40,000 or more will be able to stay for more than a year. They will be granted for 3 years with the possibility of extending for a further 2; and
• those paid between £24,000 and £40,000 will be allowed to come to the UK for no longer than 12 months, at which point they must leave and will not be able to re-apply for 12 months.
Click here to check the set limits and rates which may vary:
e) Tier 5
Is for paid, temporary work or people coming into the UK for short term contract or engagement such as theatre companies, actors or musicians on tour. Leave to remain in the UK is for a maximum of 12 months, with the option to extend upto a maximum of 24 months in total, where the original sponsor assigns a new CoS for a further period of 12 months. A migrant must demonstrate they can enter the UK under the various criteria set out in the relevant Code of Practice.
There are Codes of Practice for performers and for creative workers working in TV or Film that sponsors under Tier 5 must observe.
If you need to leave and come back to the UK quite often as part of the job you are doing, you can get a multiple entry certificate of sponsorship from your employer. This will allow you to come and go a number of times during the length of the certificate. You cannot get a multiple entry certificate of sponsorship if you are coming to the UK for less than three months and are a non-visa national.
4. Specific Information For Tier 5
Code of Practice
These Codes have been drawn up by groups representing employers (including Pact) and unions in the film and TV industry and are intended to balance the needs of producers with the need to protect resident labour markets.
The Codes set out various circumstances where a migrant worker can be sponsored without any further RLMT applying to their engagement.
How do the Codes of Practice work?
There are two Codes – one for performers (actors, stunt performers, singers and dancers) and another for non-performers. Musicians are not covered by a Code.
The Codes set out various circumstances where a migrant worker can be sponsored without any further RLMT applying to their engagement.
Under the performers Code, this includes:
• Using a performer who is or will also be working for you outside the EEA for at least a month and is required for continuity reasons to work in the UK;
• Performers of international status, which either requires proof the performers are known internationally or they have demonstrated international box-office appeal.
• Performers with highly specialist or unusual skills such as physical apperanace and talent;
• Featured guests/subjects in entertainment and factual TV programmes;
• Performers who are key to the financing or commercial success of the production;
• Performers who do not meet the key criteria but who are commercially important;
• International co-productions
The non-performers Code (Code of practice for workers)includes:
• Senior creative grades such as director, producer, editor;
• Continuity, where workers are required for production continuity;
• Other key creative grades such as production manager and production accountant, where the worker is providing key creative input and has a significant previous working relationship with senior creative grade.;
• Personnel in highly specialist roles or where new or proprietary technology is involved;
• International co-productions
• Personal Assistants to Directors and Producers of international status, demonstrated by being known worldwide for international box office success
Workers who do not fall into any of these categories will have to meet the RLMT in order to be granted a CoS.
Sponsors are required to keep proper records including documentary evidence to support any decision to issue a CoS on any of the above grounds. You are also required to have a copy of the front of the passport as well as a copy of the picture etc. If you are unsure of the documentary evidence needed you should contact UKBA.
Remember: The particular circumstances of any individual situation should be checked with the Home Office before entry into the UK.
5. Other Issues To Consider
Once the CoS has been assigned, the migrant needs to get prior entry clearance. Tier 1 applicants also need a prior entry clearance. The employer needs to submit an application to the Post including the migrant’s passport, supporting documents, fee and the details of the certificate of sponsorship issued by a licensed sponsor in the UK. The migrant will then be able to enter the United Kingdom up to 14 days before the start date for the job shown on their Certificate of Sponsorship.
The main exception to this rule is for migrants who are to come to the UK under Tier 5 for less than 3 months. They will not be required to obtain prior entry clearance from a British Overseas Diplomatic Post, however they will be required to have a certificate of sponsorship and will be required to provide biometric data on entry to the UK. Many workers in film and TV that fall into tier 5 will only need a CoS.
6. Where Can I Find More Information About The New System?
Comprehensive guidance is available from the UKBA.
Many thanks to:
pact
tel 020 7380 8230
www.pact.co.uk
for their assistance in compiling this section
