1. Understanding the Global Talent Film and TV Visa

Making an application in the Global Talent Film and TV category can be an intimidating process, because not only is it an involved administrative procedure, but this is a category which makes a value judgement about the Applicant’s career achievements. Unlike for those applying in other fields of expertise for Global Talent, those working in film and TV have a higher burden to meet, in demonstrating that they are already leaders in their field, rather than merely on their way to becoming leaders.

Despite this high barrier to entry, there are a number of benefits for both individuals and potential employers in the UK, to individuals making Global Talent applications rather than being sponsored. In this article we compare the Global Talent Film and TV visa route with the Creative Worker visa Temporary Work to see why the Global Talent Film & TV route may be a better option for many creative workers in the film and television industry.

2. Pros and Cons of the Global Talent Film and Television Visa

First and foremost, the Global Talent category is one which can lead to settlement in the UK, after a continuous period of three years in the UK for those endorsed under the Arts Council England exceptional talent criteria following PACT assessment, or those granted permission based on an eligible prestigious prize, subject to meeting the settlement requirements. This is one of the quickest routes to indefinite stay in the UK, and gives a distinct advantage over the Creative Worker route which can only be granted for a limited period and can never lead to a grant of Indefinite Leave to Remain in the UK. This makes the process potentially cheaper and more flexible for employers because there is no need to continually renew visas if schedules change, as well as giving the migrant the option of staying in the UK on a long term basis.

Another factor to consider is that a migrant in the Global Talent category has more freedom to undertake opportunities as they arise in the UK. While those in the Creative Worker route are usually limited to working for their sponsors, Global Talent migrants are able to take on employment, self employment, and have periods where they are not working while remaining in the UK. They can take on work or studies outside their field of expertise subject to the restriction on working as a professional sportsperson or sports coach and can have multiple projects at once without this interfering with their visa.

The Global Talent route also does not require that you have a specific opportunity lined up in the UK prior to your arrival. You should, in this category, have an intention to contribute to your chosen field during your time in the UK, but it is not necessary to know exactly what work you will be doing before applying. However, those applying in the Creative Worker route will need to have specific projects arranged prior to their arrival in the UK.

One downside of the route is that depending on your credentials, the initial application process can be a little involved and take some time to apply and be approved, meaning that for short notice engagements the Creative Worker route can be more useful. However, this application only has to be made once rather than each time you wish to come to the UK and the extension and settlement stages are simpler.

The criteria to enter the Global Talent Film and TV category are also very strict, so it is not a route that will be appropriate for everyone. While other individuals working in similar fields, such as theatre, can apply on the basis of being at an early stage in their careers and having the potential to be a leader in the field, this lower threshold is not open to those working in film and television and in this field, applicants must already have been recognised as leaders in the field, specifically through awards and nominations.

3. Eligibility Criteria for a Global Talent Film & TV Visa

The Film and Television sub-category of the Global Talent visa is open both to those who are already in the UK and eligible to switch into the Global Talent route, perhaps working in a different category, as well as those who are based outside of the UK. Applicants in the UK should check the switching rules, as not all immigration categories permit switching to Global Talent. There is no need to have a job offer or any particular project lined up in the UK before making the application. It can be done on a speculative basis, in case opportunities arise in the UK.

The category is for individuals who have either been given eligible awards or received a nomination for an eligible award. Individuals can also apply if they have made a significant contribution to another person or entity winning or being nominated for an eligible award, where the relevant criteria and time limits are met. This means that individuals do not necessarily require awards or nominations in their own name but their contribution to any awards or nominations relied on must be significant. Not everyone in a production will be able to rely on the same award – it will depend on what exactly their role has been in relationship to the person nominated or receiving an award.

Applying in this category is not limited to actors, those otherwise involved in the production are also able to apply, including producers, directors, show-runners, and post production. Those working in animation and visual effects can also apply.

Those working in sound or music may wish to consider if their work is better suited to the Arts Council criteria. Similarly, those creating moving image artistic pieces for display in galleries rather than television or film festivals may also be best placed applying to the Arts Council. It will depend on the individual balance of work. Anyone who is not sure which is the best route for their circumstances should seek advice about this.

4. Endorsement Process by Arts Council England and PACT as a Film and Television Worker

There are three ways to apply, depending on whether the potential applicant has won an eligible prestigious prize, meets the Main Award criteria, or meets the Notable Industry Recognition criteria.

The first option is actually to skip the whole endorsement process entirely if certain awards have been received. These are referred to as the ‘prestigious prizes’ and the Home Office keeps a list of these in the Immigration Rules. Where the applicant is the named winner of a listed prestigious prize and the prize has not been withdrawn or suspended, the individual can apply directly to the Home Office for the visa and does not need to be assessed by PACT first. This means that the process can be much quicker. The relevant awards included in the list are non exhaustively specific categories of Academy award for leading/supporting actor/actress, cinematography, directing, writing, BAFTA for leading/supporting actor/actress in both film and television, and directing in film, as well as a selection of Golden Globes.

If a prestigious prize has not been awarded, the next option is to rely on a ‘main award’.

This means:

(i) an Academy Award; or

(ii) a British Academy of Film and Television Arts BAFTA film, television, television craft, Cymru, Scotland, Games awards only; or

(iii) a Golden Globe; or

(iv) an Emmy Award;

An applicant on this basis must either have:

• won one of the Main Awards, or
• in the last 10 years they have been nominated for, or made a significant contribution to winning, or being nominated for any of the Main Awards; or
• in the last 15 years, they have achieved a minimum of 2 nominations for the Main Awards. 

If the rules cannot be met on the basis of a Main Award then a person can apply on the basis of having Notable Industry Recognition Awards.

In this route, the applicant must show notable industry recognition for at least two separate productions through international distribution sales, media recognition and a specified combination of awards from PACT’s Notable Industry Recognition Awards List. They must have:

• at any time, won a minimum of two prizes on PACT’s Notable Industry Recognition Awards List for at least two different productions.
• at any time won one, and, within the last six years before the date of application, have been nominated for one other listed prize for at least two different productions.
• within the last six years before the date of application, have been nominated for a minimum of three listed prizes for at least two different productions.
• within the last three years before the date of application, made a significant and direct contribution to winning or being nominated for three listed prizes for at least two different productions.

The prizes, nominations or contributions must be for productions that had a theatrical release (if they are films) or that have been streamed on a well-established and recognised media platform, and must be for at least two different productions.

5. Duration of Stay and Pathway to Indefinite Leave as a Global Talent Visa Holder

Global Talent TV & Film visa applicants can choose how long they would like to have a grant of leave for, up to five years at a time. The length of leave applied for will not affect the chances of the application being successful, but will affect the cost of the application fees. This is because the Immigration Health Surcharge fees are paid on the basis of the length of time applied for.

If a person only needs to be in the UK for a limited period, they can choose to keep costs lower and apply for just a year. This can always be extended in the event that plans change.

In order to apply for Indefinite Leave to Remain on the three-year route, a film and television applicant endorsed under the Arts Council England exceptional talent criteria following PACT assessment, or granted permission based on an eligible prestigious prize, will need to have spent a continuous period of at least three years in the UK, meet the continuous residence requirement normally no more than 180 days’ absence in any 12-month period, subject to permitted exceptions, show that they earned money in the UK during their last period of permission in the relevant field, and meet the remaining settlement requirements. A person intending to apply for Indefinite Leave to Remain should therefore apply for at least three years of leave.

However, if work or other commitments may mean that it is not possible to spend the minimum number of days in the UK each year, then it may be advisable to simply apply for the full five years, so that extension applications do not need to be made frequently. There is currently no limit on the number of times the application can be extended or any limit on the amount of time that can be spent in the category.

6. Costs Involved in Applying for a Global Talent Film and TV Visa

It costs £766 to apply for a Global Talent Film and Television visa.

If you’re applying based on an endorsement from Arts Council England following PACT assessment, you’ll pay the £766 in two parts:

• £561 when you apply for the endorsement
• £205 when you apply for the visa itself

If you’re applying based on an eligible award, you’ll pay the full £766 when you apply for the visa.

If you’re including your partner or children in your application, they’ll each need to pay £766.

In addition to these costs, you will need to pay the Immigration Health Surcharge of £1,035 per year for most adult applicants, with a reduced rate of £776 per year for applicants under 18 at the time of application.

Visa priority services are currently £500 for priority service and £1,000 for super priority service, where available.

In addition to these costs, a person might also want to consider other costs they might incur, for example if a translator is required.

7. Creative Worker Visa (Temporary Work): An Alternative Option

Individuals can be sponsored to come to the UK in the Creative Worker route for a period of up to 12 months initially, or the period stated on the Certificate of Sponsorship plus up to 28 days, whichever is shorter, with the option to extend permission for up to 24 months if continuing to work for the same sponsor.

The job that the Creative Worker is coming to undertake in the UK must be one which contributes uniquely to the UK’s cultural life. Disciplines covered include, non-exhaustively, dance, music, film, theatre, television, circuses, opera and fashion modelling.

The sponsor is required to ensure that the job they are offering you is one that is eligible for the Creative Worker route. The role must comply with the relevant Appendix Creative Worker Codes of Practice where one exists; where no relevant code exists, the role must be in the creative industries, appear in Appendix Skilled Occupations and make a unique contribution to creative life in the UK.

You must be sponsored by an organisation in the UK such as a national arts body, a promoter or promotion company, an agent, a venue, a production company or a media organisation, which holds a Sponsor Licence for this purpose. Codes of Practice apply to certain occupations under the Creative Worker route, as detailed in Appendix Creative Worker Codes of Practice. Where applicable, minimum salary rates may be set by PACT, Equity or BECTU, and the role must also comply with National Minimum Wage and Working Time rules.

Applicants who do not normally need a visa to enter the UK as a visitor and who are coming for three months or less may be able to use the Creative Worker visa concession, provided they hold a valid Temporary Work – Creative Worker Certificate of Sponsorship and meet the eligibility requirements. They will usually need an Electronic Travel Authorisation, must see an immigration officer and obtain a passport stamp on arrival unless they have remote clearance for travel from Ireland, Guernsey, Jersey or the Isle of Man, and must not use the automatic ePassport gates. Visa nationals, and those coming for more than three months, will need to apply for entry clearance in advance.

8. Contact Our Immigration Barristers

For expert advice and assistance with a Global Talent Film and Television visa application, or advice on whether the Creative Worker visa (Temporary Work) may be more appropriate for a particular engagement, contact our business immigration barristers on 0203 617 9173 or complete our enquiry form below.

9. Frequently Asked Questions: Global Talent Film & TV Visa or Creative Worker Visa Temporary Work?

What is the Global Talent Film & TV visa?

The Global Talent Film & TV visa is a UK immigration route for professionals in the film and television industry who are recognised as leaders in their field. It offers flexibility to work in the UK and can lead to settlement where the relevant requirements are met.

How is the Global Talent Film & TV visa different from the Creative Worker visa (Temporary Work)?

The Global Talent route is not tied to a specific sponsor and can lead to settlement. The Creative Worker visa Temporary Work is generally for short-term sponsored work in the creative industries and does not lead to Indefinite Leave to Remain.

Who can apply for a Global Talent Film & TV visa?

Film and television professionals, including actors, directors, producers, show-runners, post-production workers, animation professionals and visual effects professionals, may be able to apply if they meet the relevant awards, nominations or contribution criteria.

Do I need a UK job offer to apply for a Global Talent Film & TV visa?

No. Applicants do not need a UK job offer or a specific project lined up before applying, although they should intend to contribute to their chosen field during their time in the UK.

Do I need endorsement from Arts Council England and PACT?

Endorsement under Arts Council England, with PACT assessing film and television applications on its behalf, is required unless the applicant qualifies through a prestigious prize listed in the Immigration Rules.

Can a Global Talent Film & TV visa lead to Indefinite Leave to Remain?

Yes. A film and television applicant endorsed under the Arts Council England exceptional talent criteria following PACT assessment, or granted permission based on an eligible prestigious prize, may be able to apply for Indefinite Leave to Remain after three years, provided the continuous residence, UK earnings in the relevant field and other settlement requirements are met.

When might the Creative Worker visa (Temporary Work) be more suitable?

The Creative Worker route may be more suitable for short-notice or short-term engagements where the applicant has a specific sponsored project in the UK and the role meets the relevant Creative Worker requirements.

How much does a Global Talent Film & TV visa application cost?

The application fee is £766. Applicants relying on endorsement pay this in two parts: £561 for the endorsement application and £205 for the visa application. The Immigration Health Surcharge and any optional priority service fees are additional.