The creative industries are central to the UK economy, serving as a major exporter and an essential employer. Spanning fashion, film, video games, and visual arts, they represent a remarkable success story for the UK.
To truly be a global creative leader, we need easy movement of people, goods and services – including the ability to bring in talent from anywhere in the world on a freelancing basis – Creative UK
The UK is a world leader in creative industries, contributing £108 billion in gross value added (GVA) to the UK’s economy annually. There are over 300,000 businesses (11.8% of the UK total) and over 2.2 million jobs currently in the UK; with 400,000 additional jobs created since 2015.
Never has the straightforward movement of people been more important. It is crucial that policymakers recognise the importance of the creative industries and prioritise the necessary reforms to ensure their continued success.
The UK immigration system needs reform to attract international creative talent
The UK’s immigration system has a major part to play to ensure that the sector grows in the right direction. Unfortunately, stricter visa policies and more complex migration systems make hiring international talent increasingly challenging, especially post-Brexit. This has resulted in a growing skills gap within the sector, hindering the ability of creative businesses to thrive.
A study published by UK Finance in May 2023 revealed that nearly half of the surveyed creative businesses expressed concerns about the current immigration system, citing it as a barrier to their operations. These concerns highlight the urgent need for reform to enable the UK to remain globally competitive in the creative industry.
The role of the UK’s immigration system in fostering the growth of the creative sector cannot be understated. Without necessary reforms, there is a real risk of stifling potential. It is imperative that the new Labour government take proactive measures to address these issues and create a more conducive environment for the creative industry to flourish.
Recent improvements to the Creative worker visa do not go far enough
The Creative Worker visa is intended for individuals working in creative industries who have received a temporary paid job offer in the UK for a specific creative role. It’s a revamped version of the former ‘Tier 5 Creative and Sporting visa’. A Creative Worker visa applicant needs a sponsor. Traditionally, sponsors are production companies, theatre companies or event managers, whose core expertise is not visa sponsorship and compliance. However, law firms and others who can demonstrate that they operate or intend to operate in the creative sector may also act as a sponsor.
Changes to the Creative Worker visa were rolled out to new applications made on or after 16 May 2024. The new requirements aim to provide more flexibility and accessibility for individuals in the creative industries.
Previously, unless an advertising exemption applied through application of one of the Creative Worker Codes of Practice, the Creative Worker route required occupations to be on the Shortage Occupation List and required employers to undertake a time-consuming resident labour market test. These requirements often posed barriers for many talented individuals. Under the new rules, these requirements have been abolished and replaced with new requirements. An applicant must either comply with a relevant Code of Practice (where applicable) or the role must appear in Appendix Skilled Occupations and demonstrate that they can make a unique contribution to creative life in the UK.
More changes are needed
Although the Creative Worker route can be practical and cost-effective, more radical change is needed to support a freer flow of creative talent internationally. What form could this take? Bilateral trade agreements might expand the market and provide the flexibility of entry, residency, work and other important rights for workers in the creative sector. Perhaps a multilateral agreement would offer a broader framework for cross-border mobility and cooperation?
Some positive news may be on the way, with the new government being open to starting discussions with the EU on improved arrangements for touring performers. This could be a first step towards broader immigration reforms to benefit the sector.
The Creative Work visa – FAQs
What is a Creative Worker visa?
A Creative Worker visa allows an overseas national to undertake work in the UK in the creative sector for their UK sponsor, e.g. as a musician, an actor or film and television crew. This visa is intended for individuals working in the creative industries who have received a temporary paid job offer in the UK for a specific creative role.
Who is eligible?
A Creative Worker may be sponsored if they can demonstrate a unique contribution to the UK’s labour market. The sponsor must provide evidence of this such as proof of international status, requirement for continuity purposes, or other personal attributes.
How do I get a Creative Worker visa?
An applicant must have a valid Certificate of Sponsorship issued by an authorised UK sponsor. Non-visa nationals such as EEA nationals, Americans, Canadians and Australians can enter the UK with their Certificate of Sponsorship for stays of 3 months or less without obtaining a visa in advance. Visa nationals such as Chinese and Indian nationals must obtain a visa before travelling to the UK.
How we can help?
We can sponsor the talent and handle the visas. We’re the only full-service law firm to offer Creative Visa sponsorship helping to facilitate the global movement of creative talent.
Click here to view our Creative visa service offering.