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TEMPORARY WORKER - CREATIVE AND SPORTING VISA (T5)

TEMPORARY WORKER - CREATIVE AND SPORTING VISA (T5)

The Temporary Worker – Creative and Sporting Visa (T5) is for individuals who have been offered short-term work in the UK for up to 12 months as a creative or sporting worker.  

A creative worker is someone who can make a unique contribution to the UK’s creative industries, for example, as an actor, dancer, musician, entertainer, fashion model or film crew.  Technical or support staff (‘entourage’) may accompany eligible creative workers.  

A sporting worker is someone who is  internationally established at the high level in their sport and/or who can make a significant contribution to the development and operation of their sport at the highest level in the UK, for example as a sports person or coach.  Technical or support staff (‘entourage’) may accompany eligible sporting workers. 

The Creative and Sporting Visa is not a route to settlement, but applicants can be joined by a dependent partner and children under the age of 18.

Requirements for a Temporary Worker – Creative and Sporting Visa (T5)

In order to qualify for a Temporary Worker – Creative and Sporting Visa (T5), you will need to satisfy UK Visas and Immigration that:

  • You have an offer of a job as a sports person or creative worker from a sponsor that holds a valid Temporary Worker – Creative and Sporting (T5) sponsor licence (which requires a valid Certificate of Sponsorship for the role you wish to undertake);
  • You genuinely intend, and are able, to undertake the role for which you are being sponsored;
  • You have personal savings to support yourself in the UK;
  • Your application does not fall for refusal under the general grounds for refusal;
  • You have provided a valid TB certificate, if required.

The exact requirements you will need to satisfy may vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

To discuss your Temporary Worker – Creative and Sporting Visa (T5) application with one of our immigration barristers, contact our Creative and Sporting Worker lawyers on 0203 617 9173 or complete our enquiry form below.

T5 Creative or Sporting Worker Certificate of Sponsorship (CoS) Requirement

In order to obtain a Temporary Worker – Creative and Sporting Visa (T5) you will need to have a valid Certificate of Sponsorship issued by a Home Office approved sponsor for the job you are applying to undertake in the UK.  Your sponsor will need to hold a valid T5 Creative or Sporting Worker sponsor licence.

Sponsors in the sporting and creative sectors can issue certificates of sponsorship to individual sporting and creative workers.  They can also issue group certificates of sponsorship for a performer and their entourage.  An entourage can include people whose work is directly related to the employment of an entertainer, cultural artist, sportsperson or a dramatic production.  Members of an entourage must have proven technical or specialist skills.

Sporting Workers

If you are applying for a visa as a Sporting Worker your sponsor will be a UK-based sporting body, sports club, events organiser or other organiser operating in the sporting sector. The organisation will need to hold an endorsement from the relevant, Home Office-approved, sports governing body for your sport.  The organisation cannot be an overseas-based sports club or organisation or an agent. 

Before your sponsor can issue a Certificate of Sponsorship, they will need to secure an endorsement for you from the relevant UK Sports Governing Body for your sport.  The relevant UK Sports Governing Body will need to confirm that:

  • You are internationally established as a player or coach at the highest level and/or will make a significant contribution to the development of your sport at the highest level in the UK;
  • The post could not be filled by a settled worker;

You will need a copy of your sports governing body endorsement letter.

When your sponsor issues a Certificate of Sponsorship they will guarantee that:

  • You are internationally established at the highest level in your sport;
  • Your employment will make a significant contribution to the development and operation of your sport in the UK;

Creative Workers

If you are applying for a visa as a Creative Worker your sponsor will be operating in the creative sector.  Examples include, but are not limited to: a national arts body, an events organiser, a producer, a venue, an agent, a promoter or promotion company, a production company or a media organisation.  Your sponsor may or may not be your direct employer.

When your sponsor issues a Certificate of Sponsorship they will confirm that:

  • You will comply with your relevant T5 Creative Worker Code of Practice where one exists for your occupation; or
  • Your role appeared in the shortage occupation list; or
  • Before assigning the Certificate of Sponsorship, your sponsor took into account the needs of the resident labour market and was satisfied that the work could not be carried out by a settled worker.

Financial Requirement for a T5 Creative or Sporting Worker Visa

Unless you have been in the UK with a valid visa for at least 12 months or your sponsor agrees to cover your costs during your first month in the UK (and this is confirmed on your Certificate of Sponsorship) you will need to have at least £1,270 in your bank account, held for at least 28 days, ending not more than 31 days before the date of your T5 Creative or Sporting Worker Visa application.

English language requirement for a T5 Creative or Sporting Worker Visa

The Temporary Worker – Creative and Sporting Visa (T5) has no English language requirement. 

Duration of a Temporary Worker – Creative and Sporting Visa (T5) 

If your Temporary Worker – Creative and Sporting Visa (T5) application is successful you will be permitted to enter and remain in the UK for either 12 months, or the time stated on your Certificate of Sponsorship plus up to 14 days before and after the period of leave granted, whichever is shorter.

Extensions of Stay as a T5 Creative or Sporting Worker

Creative Workers who wish to continue working for the same sponsor may apply to extend their stay for up to a maximum  of 24 months.  Creative workers who wish to change employers may only stay in the UK for a maximum of 12 months.

Sporting Workers may apply to extend their stay for up to a maximum  of 12 months.

Those who entered the UK for up to 3 months under the T5 Creative and Sporting visa concession (see further below) cannot extend their stay in the UK on the T5 Creative and Sporting Worker route.

Settlement as a T5 Creative or Sporting Worker

The Temporary Worker – Creative and Sporting Visa (T5) is not a route to settlement.  However, it may be possible to switch into another immigration route which can lead to indefinite leave to remain.

Switching into the Temporary Worker – Creative and Sporting route

Switching into the T5 Creative or Sporting Worker route from within the UK is generally not permitted. The only exception is where a sports or creative worker has, or last had, permission as a standard visitor, has been in the UK undertaking permitted sporting or creative sector activities as a standard visitor  and was assigned a valid Certificate of Sponsorship on the Creative or Sporting Worker route before they entered the UK. 

Switching into other T5 Temporary Worker routes

T5 Temporary Workers are not permitted to switch between the different T5 Temporary Worker routes.  However, they can apply to extend their stay on the same T5 route, subject to a maximum period of stay.

Conditions of Stay on a Temporary Worker – Creative and Sporting Visa (T5) 

If your application for a Temporary Worker – Creative and Sporting Visa (T5) is successful you will be able to work for your sponsor in the job described on your Certificate of Sponsorship.  

You will also be able to have a second job in the same sector and at the same level as your main job for up to 20 hours per week and do a job on the Skilled Worker shortage occupation list for up to 20 hours per week.

If you are a Sporting Worker you will also be able to work as a sportsperson for your national team whilst it is playing in a British University and College Sport (BUCS) competition and work as a sports broadcaster.

Temporary Worker – Creative and Sporting Visa (T5) Border Concession

If you are not a national or citizen of a country or territorial entity listed in Immigration Rules Appendix Visitor: Visa national list (i.e. you are an EU, EEA and Swiss citizen or other non-visa national) and the total length of your paid engagement or engagements in the UK will be 3 months or less then you may qualify to travel to the UK without a visa and instead ask for permission to enter when you arrive at the UK border under the Temporary Worker – Creative and Sporting visa (T5) concession.  

Temporary Worker – Creative and Sporting Visa (T5) Processing Times

Most Temporary Worker – Creative and Sporting Visa (T5) applications are decided within 3 weeks.  It may be possible to secure a faster decision if the visa application centre offers a priority service.

Most applications from Creative Workers to extend their stay are decided within 8 weeks.  You can also secure a decision within 5 days if you apply via the Priority Service or by the end of the next working day if you apply via the Super Priority Service.

Temporary Worker – Creative and Sporting Visa (T5) Dependants

If you are granted entry clearance or leave to remain as a T5 Sporting or Creative Worker you can be joined or accompanied by a dependent partner and dependent children under the age of 18.

Temporary Worker – Creative and Sporting Visa (T5) Refusals

If your application for a Temporary Worker – Creative and Sporting Visa (T5) is refused, you may be able to make a fresh application or apply for Administrative Review of the refusal decision.

How Our Immigration Barristers Can Help

Our team of immigration barristers has experience in assisting creative workers. sports persons and their entourage across a variety of disciplines.  Our barristers can help you to ensure that you meet your start date and that your career progression will fit your immigration goals.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to sports persons and coaches as part of a professional and friendly service.

We can also assist with

  • Applications for T2 Sportsperson Visas

    The Sportsperson Visa (T2) is for elite sports persons and qualified sports coaches who are recognised as being at the highest level of their sport internationally. You will need to be sponsored on a long-term contract and have been endorsed by an appropriate UK sports governing body.

    In order to qualify for a Sportsperson Visa (T2) you will need to satisfy UK Visas & Immigration that:

    • You are aged 16 or over;
    • You have an offer of a job as a sports person from an approved sponsor that holds a Sportsperson (T2) sponsor licence (which requires a valid Certificate of Sponsorship for the role you wish to undertake);
    • You have been endorsed by an appropriate UK Sports Governing Body;
    • You genuinely intend, and are able, to undertake the role for which you are being sponsored;
    • You satisfy an English language requirement;
    • You have personal savings to support yourself in the UK;
    • Your application does not fall for refusal under the general grounds for refusal;
    • You have provided a valid TB certificate, if required.

    The exact requirements you will need to satisfy may vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

  • Applications for Global Talent Visas

    The Global Talent visa is for talented and promising individuals in the fields of science, engineering, medicine, humanities, digital technology and arts and culture wishing to work in the UK.

    The Global Talent immigration category is open to talented and promising applicants within the science, engineering, medicine, humanitiesdigital technology and arts and culture (including film and televisionfashion design and architecture) sectors.

    Fields of arts and culture covered include: combined arts, dance, literature, music, theatre or visual arts. architecture, fashion design. film and television, including animation, post production and visual effects.

    ‘Talent’ applicants will already be leaders in their respective field, while ‘promise’ applicants will be able to show the potential to become leaders in their field.

    The Global Talent category is not subject to a cap on the number of applicants, does not require a job offer and can lead to settlement in the UK.

  • Applications for Skilled Worker Visas

    The Skilled Worker Visa is open to individuals of all nationalities (except British and Irish) who have an offer of an eligible skilled job in the UK from a Home Office-approved sponsor.  The route can lead to settlement and applicants can be joined by dependent partners and children.

    In order to secure a Skilled Worker Visa you will need to be sponsored to do a specific job, which meets certain skill and salary requirements, by an employer that has been licensed by the Home Office.

    In order to qualify for a Skilled Worker Visa, you will need to satisfy UK Visas and Immigration that:

    • You are aged 18 or over;
    • You have a valid Certificate of Sponsorship for the job you are planning to do;
    • Your job offer is a genuine vacancy;
    • Your sponsor has paid any required Immigration Skills Charge;
    • Your job is at an appropriate skill level;
    • You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0);
    • You will be paid a salary which equals or exceeds both a general salary threshold and the ‘going rate’ for the occupation;
    • You have enough money to support yourself without relying on public funds;
    • You have provided a criminal record certificate, if required; and
    • You have provided a valid TB certificate, if required.

    The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

  • Fresh applications, Administrative reviews and Judicial reviews for Temporary Workers

    If your application for entry clearance or leave to remain as a Temporary Worker has been refused, our immigration barristers can advise on the merits of making a fresh application or challenging the decision.

    If the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, we can bring Administrative Review proceedings to challenge the decision.

    If the decision to refuse your application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.

WHAT CAN WE HELP YOU WITH?

To discuss your Temporary Worker - Creative and Sporting Visa (T5) application with one of our immigration barristers, contact our Creative and Sporting Worker lawyers on 0203 617 9173 or complete our enquiry form below.

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