Creative and sporting
100. This category is for applicants in the creative and sporting sector who are entering the United Kingdom for short term contracts/engagements in the United Kingdom.
101. For sportspeople, you must be internationally established at the highest level in your sport and/or your employment will make a significant contribution to the development and operation of that particular sport in this country; coaches must also be suitably qualified to fulfil the role in question.
102. In order for a Certificate of Sponsorship to be assigned for a sportsperson under Tier 5 (Temporary Worker – Creative and Sporting), the sponsor will need to have an endorsement for you from the appropriate governing body for your sport. The endorsement will confirm that:
• you are internationally established at the highest level; and/or
your employment will make a significant contribution to the development of your sport at the highest level in the United Kingdom; and
• the post could not be filled by a suitable settled worker.
103. The endorsement will be obtained from the governing body by your sponsor.
105. For a creative worker and their entourage operating in dance, theatre, or film and television, the sponsor must commit to following the specified code of practice specified in the Immigration Rules, which includes taking into account the needs of the resident labour market in that area. Where your job is not covered by a specific code of practice, your sponsor must show that the post could not have been filled by a settled worker. Examples to demonstrate this might be recruitment activity undertaken, written support from an appropriate industry representative body or sector labour market information.
106. In assigning a Certificate of Sponsorship, the sponsor will have guaranteed that you:
• are seeking entry to the United Kingdom to work or perform in the relevant sector;
• are not intending to base yourself in business in the United Kingdom;
• pose no threat to the resident labour force; and
• will comply with the conditions of your permission to stay and leave the United Kingdom when it expires.
107. This category is not for people who have previously entered the UK under the permit free concessions for entertainers, including permit free festivals, and sportspeople. These concessions have been brought within the Immigration Rules under the entertainer and sportsperson
visitor routes. Professional sportspeople or amateurs wishing to play for professional clubs would need to obtain permission to work under the Points-Based System
108. If you are entering the United Kingdom under the creative and sporting sub- category, you must obtain entry clearance prior to travelling to the United Kingdom. The exception to this is non-visa nationals seeking entry to the United Kingdom for a period of three months or less.
109. If you qualify for this exception, you will require a Certificate of Sponsorship, but will not be required to obtain entry clearance. Separate arrangements, consistent with the principles of sponsorship, will enable appropriate checks to be made at the port of entry.
110. You will need to tell the Immigration Officer your Certificate of Sponsorship number when you arrive in the United Kingdom. The Immigration Officer will also ask you to provide your evidence of meeting the maintenance requirements. Please refer to the maintenance section for the evidence we expect applicants
to provide. It may take the Immigration Officer some time to process the application. If you do not bring all the necessary evidence, it may result in your application being refused and you will not be allowed to enter the United Kingdom.
111. You may wish to bring contact details for your sponsor with you in case we need to speak to them, and should ask the sponsor to confirm the details that they have entered on the Certificate of Sponsorship.
112. Where you are granted leave to enter for up to three months by an Immigration Officer on arrival in the UK, your leave will automatically lapse once you travel outside the Common Travel Area (the Common Travel Area is UK, Republic of Ireland, the Isle of Man and the Channel
Islands). This means that you will not automatically be able to re-enter the UK on the basis of your original grant of leave. However, you may need to come back to the UK to fulfil your engagements for your sponsor here. In this instance, you must tell the Immigration Officer your original Certificate of Sponsorship number on arrival. The Immigration Officer will ask you to provide your evidence of meeting the maintenance requirements again. The Immigration Officer will carry out checks to ensure that the sponsor has not withdrawn their sponsorship of you since your original entry, and may wish to speak to the sponsor again to confirm the details on the Certificate of Sponsorship. Provided you meet all the criteria, the Immigration Officer will be able to grant leave to allow you to complete the engagements for your sponsor within the period of your original grant of leave.
113. If you wish to come to the United Kingdom for three months or longer you will need to get entry clearance.
114. If you are a creative worker or sportsperson, you may apply for entry clearance from a country that is not your normal place of residence if you are in that country for a similar role to the one you want to do in the United Kingdom.
Group Certificates of Sponsorship
115. You will be able to bring your entourage using a group Certificate of Sponsorship. An entourage can include people whose work is directly related to the employment of an entertainer, cultural artist, sportsperson or a dramatic production. The person should have proven technical or other specialist skills.
Multiple engagements or performances
116. Due to the nature of the creative sector, at times you may need to perform a number of engagements at a number of venues. If you have a single sponsor,
for example, an agent, and there is no more than a maximum of 14 calendar
days between each engagement, that sponsor can assign a single Certificate of Sponsorship to cover the whole period.
117. If you are sponsored by individual venues, producers or promoters, then it is still possible for each sponsor to assign a Certificate of Sponsorship to cover its own show. The periods of work stated on the Certificates of Sponsorship must not overlap (you may need to co-ordinate the periods of work with your sponsors). If there is no more than a maximum of 14 calendar days between each engagement, then entry clearance will be granted to cover the whole period.
118. If there is a gap of more than 14 days between engagements, you will have to leave the United Kingdom and apply for entry clearance again as a new application.
119. This category is for those wanting to undertake unpaid voluntary work in line with the aims of their sponsor in the United Kingdom.
120. If you are coming to work temporarily in the United Kingdom as a charity worker, you should only be doing voluntary activities and not paid work. You should intend to carry out fieldwork directly related to the purpose of the sponsoring organisation.
121. In assigning a Certificate of Sponsorship, the sponsor will have guaranteed that you:
• intend to undertake voluntary fieldwork directly related to the purpose of the charity;