Immigration Rules Appendix Creative Worker Codes of Practice

Where a person is applying under Appendix Temporary Work – Creative Worker, as a creative worker, operating in dance, theatre, film and television, or as a model in the fashion industry, their sponsor must follow the relevant code of practice specified below and comply with the other requirements.

Ballet
Appropriate salary rate	Payment must be commensurate with industry standards set out at: www.equity.org.uk
Exemptions from advertising for those deemed to be making an additional contribution to the UK labour market	1. The dancer is required for continuity The applicant has worked for a period of one month or more during the past year on the same production outside the UK prior to coming to the UK. The “same production” means one which is largely the same in terms of direction and design as the production outside the UK. The sponsor must be able to supply proof that the requirement is met, e.g.contract of employment, press cuttings, cast list. 2. The dancer has international status The applicant is internationally famous in their field. (This is different to being well-known only in one country). The sponsor must be able to supply proof that this requirement is met, e.g. press cuttings, awards, publicity material, television/radio interviews, programmes. 3. The dancer is engaged by a unit company A unit company is a ballet company which exists in a country outside the UK and has put on at least one production in that country. The sponsor must be able to supply proof that this requirement is met, e.g. press cuttings, awards, publicity material, television/radio interviews, programmes; and proof that the applicant is engaged by the unit company for the production in the UK, e.g. contract of employment. 4. The dancer is recruited from a specified school for a specified company The applicant is recruited from: (a) the English National Ballet School for English National Ballet; (b) the Royal Ballet School for the Royal Ballet; or (c) the Royal Ballet School or Elmhurst School for Dance for Birmingham Royal Ballet. The Sponsor must be able to supply proof that, at the time of recruitment, the applicant was or recently had been a student at the school concerned, e.g. a letter of confirmation from the school, and proof that the applicant has been engaged by the company concerned, e.g. contract of employment, letter of confirmation from the company.
Required advertising media for other posts	At least one of: • The Stage • Dance Europe • The Spotlight Link
Dancers (in dance forms other than ballet)
Appropriate salary rate	Payment must be commensurate with industry standards set out at: www.equity.org.uk
Exemptions from advertising for those deemed to be making an additional contribution to the UK labour market	1. The dancer is required for continuity The applicant has worked for a period of one month or more during the past year on the same production outside the UK prior to it coming to the UK. The “same production” means one which is largely the same in terms of direction and design as the production outside the UK. The sponsor must be able to supply proof that the requirement is met, e.g. contract of employment, press cuttings, cast list. 2. The dancer has international status The applicant is internationally famous in their field. (This is different to being well-known only in one country.) The sponsor must be able to supply proof that the requirement is met, e.g. press cuttings, awards, publicity material, television/radio interviews, programmes. 3. The dancer is engaged by a unit company A unit company is a dance company which exists in a country outside the UK and has put on at least one production in that country. The sponsor must be able to supply proof that the requirement is met, e.g. contract of employment. 4. The dancer performs in a certain style unlikely to be available in the UK It would not be reasonable to expect the sponsor to recruit in the UK because a style is required which would be unlikely to be available in the UK labour force. The sponsor must be able to supply proof that: (a) a certain style is required; and (b) the individual performs in that style, e.g. press cuttings, awards, publicity material, proof of training.
Required advertising media for other posts At least one of:	Dance agencies • The Stage • Dance Europe • Juice • The Spotlight
Performers in film and television
Appropriate salary rate	Payment must be at least at the level of the appropriate UK market rates, which can be obtained from Equity at www.equity.org.uk.
Exemptions from advertising for those deemed to be making an additional contribution to the UK labour market	1. The work is for continuity The sponsor must be able to supply proof that the overseas national has worked on, or will be working on the same production overseas for at least one month. Where a sponsor wishes to issue a Certificate of Sponsorship for reasons of continuity involving a performer that has worked on the same piece of work overseas for less than one month, the Sponsor must notify Equity at least 5 working days prior to the issuing of the certificate with details of the filming schedules. This is in order to verify that the applicant is being genuinely engaged for reasons of continuity. Sponsors may issue Certificates of Sponsorship for performers to enter the UK to undertake post-production work only and provided that such post- production work solely relates to their own role in the film or TV production. For such Certificate of Sponsorship, neither the one month requirement nor prior notice to Equity procedure applies. The Sponsor must be able to supply documentary proof that the performer has worked on, or will be working on, the same production outside the UK for at least a month e.g. contracts, press cuttings, cast lists, etc 2.The performer has international status The sponsor must be able to provide proof the applicant is known internationally, or they have demonstrable international box-office appeal e.g. press cuttings, awards, accolades, publicity material, television/radio interviews, film and TV credits; or documentary proof that the performer has demonstrable international box-office appeal through international box office figures for films they have starred in or led as a principal performer. 3. Highly specialist or unusual roles For certain highly specialist or unusual roles, it may not be possible or reasonable to recruit from the UK because the role requires specific or specialist attributes, including but not limited to: physical appearance; physical talent and linguistic or vocal skills. In such circumstances, where appropriate, Sponsors should first attempt to conduct searches in the UK as set out in category 3 to a reasonable degree. However, it is recognised that the extent of such searches within the UK shall be proportionate to the rarity and specialty of the attributes of the role. The Sponsor must be able to provide proof: • that the role requires certain highly specialist attributes; and • that the performer possesses those attributes; and • of the casting process and casting considerations; and • of reasonable and appropriate searches in the UK (if applicable); and • a list of any UK candidates who were unavailable at the required time. 4. Featured guest in an entertainment programme, or subject of a factual programme The applicant must be a featured guest on an entertainment programme or subject of a factual programme. For example, actors, comedians or other performers booked to appear on a chat show or a professional variety show, or scheduled to be subject of an arts programme or documentary. The sponsor must be able to provide: • A formal letter from the broadcaster or producer or copy of the relevant section of the commissioning agreement confirming the reason the migrant is required (e.g. to feature in an entertainment programme); and • The name of the programme concerned; and • Details of any recording or filming schedules. 5. Performers who are tied to the finance of the production The applicant must be necessary to a production because the finance is contingent on the particular performer being cast in the film or TV production. The sponsor must be able to provide a formal letter of confirmation from the production’s principal financier. 6. Performers who do not meet the key criteria but who are commercially important The applicant must be commercially important to the production. This may be demonstrated by a formal letter in support from a principal financier, or distributor. The sponsor must give prior notice to Equity providing supporting evidence detailing: description of the role and film, and the reasons why advertising was not appropriate and a letter in support. The sponsor must provide Equity with: • the details of the performer(s)required, role, description of the production; and • the reasons why the role has not been advertised; and, • a formal letter in support of the applicant from a financier or distributor; and • if the performer is an up-and-coming performer, or cast to appeal to a particular overseas audience, then evidence of their CV, reviews, previous work, awards/accolades, and/or evidence of audience appeal would be required. 7. International Co-productions Sponsors issuing CoSs to performers taking part in international co-productions structured under one of the UK’s bilateral co- production treaties, or under the European Convention on Cinematographic Co-Production, need to provide the following evidence: • Provisional approval from the UK Film Council certification department that the film is being structured as an official co- production; or • Interim certification from the UK Film Council Certification Department.
Required advertising media for other posts	A resident labour search in accordance with standard industry practice, which will normally involve engagement of casting agents within the EEA and contacting performers’ agents, and may include advertising on Equity’s job information service
Additional evidence required for stunt performers	The sponsor must also demonstrate that the applicant possesses the equivalent qualifications, skills and competence to UK industry standards. This may be demonstrated by either 1) a reference in support from a UK-based expert with demonstrable knowledge of the UK stunt industry; or 2) evidence of competence at a level equivalent to UK industry
Performers in opera
Appropriate salary rate	Payment should be at least at the level of the appropriate UK market rates, which can be obtained from https://uktheatre.org/theatre-industry/rates-of-pay/
Exemptions from advertising for those deemed to be making an additional contribution to the UK labour market	1. The performer is required for continuity The applicant has worked or will work on the same production outside the UK for a period of one month or more. The “same production” means one which is largely the same in terms of direction and design as the production outside the UK. The sponsor must be able to provide proof that the performer is currently working, or has worked, or will work on the same production outside the UK and has done so, or did so, or will do so for at least one month, e.g. contract of employment, press cuttings, cast list. 2. The performer has international status The applicant is internationally famous in their field. (This is different to being well-known only in one country.) The sponsor must be able to provide proof that the performer has international status, e.g. press cuttings, awards, publicity material, television/radio interviews, programmes. 3. The performer is engaged by a unit company A unit company is an opera company which exists in a country outside the UK and has put on at least one production in that country. The sponsor must be able to provide proof that the company has put on at least one production in its home country, e.g. press cuttings, awards, publicity material, television/radio interviews, programmes; and proof that the individual is engaged by the unit company for the production in the UK, e.g. contract of employment. 4. The performer has a certain attribute unlikely to be available in the UK The role requires an attribute which would be unlikely to be available in the UK labour force, e.g. a certain physical appearance, physical talent, or linguistic or vocal skill. The sponsor must be able to provide proof that a) the role requires a certain attribute; and b) the individual has that attribute.
Required advertising media for other posts	Where formal advertising is not the standard industry practice for recruiting for a role: a resident labour search in accordance with standard industry practice, which will normally involve contacting performers’ agents, diary services or casting agents. Where formal advertising is usual for a role, including chorus, trainee and/or ensemble positions: the sponsor must advertise the role to suitably qualified resident workers for a period of at least two weeks on the employer’s website and at least one of the following industry websites: Equity, YAP Tracker, Musical Chairs, The Stage, Guardian Media, Arts Jobs, The Voice, Opera Europa.
Performers in theatre
Appropriate salary rate	Payment should be commensurate with industry standards set out at: www.equity.org.uk
Exemptions from advertising for those deemed to be making an additional contribution to the UK labour market	1. The performer is required for continuity The applicant has worked for a period of one month or more during the past year, on the same production outside the UK prior to it coming to the UK. The “same production” means one which is largely the same in terms of direction and design as the production outside the UK. The sponsor must be able to provide proof that the performer is currently working, or has worked, on the same production outside the UK and has done so, or did so, for at least one month during the past year, e.g. contract of employment, press cuttings, cast list. 2. The performer has international status The applicant is internationally famous in their field. (This is different to being well-known only in one country.) The sponsor must be able to provide proof that the performer has international status, e.g. press cuttings, awards, publicity material, television/radio interviews, programmes. 3. The performer is engaged by a unit company A unit company is a theatre company which exists in a country outside the UK and has put on at least one production in that country. The sponsor must be able to provide proof that the company has put on at least one production in its home country, e.g. press cuttings, awards, publicity material, television/radio interviews, programmes; and proof that the individual is engaged by the unit company for the production in the UK, e.g. contract of employment. 4. The performer has a certain attribute unlikely to be available in the UK The role requires an attribute which would be unlikely to be available in the UK labour force, e.g. a certain physical appearance, physical talent, or linguistic or vocal skill. The sponsor must be able to provide proof that a) the role requires a certain attribute; and b) the individual has that attribute. 5. The performer is the subject of an exchange under one of the UK theatre industry’s exchange programmes The applicant satisfies the requirements of either of the exchange programmes with the United States and Australia operated by the theatre industry. Sponsors wishing to use this category must contact Equity in the first instance.
Required advertising media for other posts	Where formal advertising is not the standard industry practice for recruiting for a role, a resident labour search in accordance with standard industry practice, which will normally involve contacting casting directors. Where formal advertising is usual for a role, the sponsor must advertise the role to suitably qualified resident workers for a period of at least two weeks on at least one of the following industry websites: The Stage, Spotlight, Mandy, or on social media.
Workers in film and television
Appropriate salary rate	Payment of migrant workers in all cases must not be below the UK market rates found on the PACT and BECTU websites at www.pact.co.uk and www.bectu.org.uk.
Exemptions from advertising for those deemed to be making an additional contribution to the UK labour market	1. The worker is a Senior Creative Grade The applicant must possess the skills and experience of a Senior Creative Grade for the following roles: • Producer • Director • Director of Photography (Cinematographer) • Production Designer • Costumer Designer • Hair/Make Up Supervisor • Editor • Composer • Visual Effects Supervisor • Sound Designer • Script Writer The sponsor must be able to provide documentary proof that the worker has the skills and experience in that role e.g. film and TV credits, qualifications, CV, press cuttings, awards, accolades, publicity material, television/radio interviews. 2. The worker is required for production continuity The applicant must be providing significant creative input and have worked on or will be working in a post involving creative input on the same piece of work overseas for at least one month. The sponsor must demonstrate that the applicant has a direct working relationship with a Senior Creative Grade as listed in Category 1. For example, a first assistant editor might work directly with an Editor on the same piece of work overseas. No more than one additional worker may be sponsored in addition to a Senior Creative Grade, other than in exceptional circumstances, where there is a case based on production continuity. Sponsors must be able to provide: • Evidence that the role involves creative input and the worker possesses the skills and qualifications for the role, e.g. copies of qualifications, CV, credits, press cuttings, awards, accolades; and • Evidence that the worker is currently, or has worked on, or will be working on the same production outside the UK for at least a month and evidence of current working relationship with a key Creative grade in Category 1 i.e. contracts, letters of engagement, casting lists, CV, references in support, credits, press cuttings; and • In the circumstances where more than one additional worker is sponsored, the case must be set out in supporting documentation from the Sponsor. 3. Other key creative workers The applicant must be providing key creative input and have a significant previous working relationship with a Senior Creative Grade as listed in Category 1. A “significant” previous working relationship entails an established pattern of joint working on a number of previous productions rather than isolated or random examples. No more than one additional worker may be sponsored in addition to a Senior Creative Grade, other than in exceptional circumstances, where there is a creative case. The Home Office will notify BECTU promptly of the issuing of certificates of sponsorship for camera, editing and grip grades, and 1st Assistant Directors and BECTU may request sight of the evidence in support for such grades. The Home Office will notify the Production Guild promptly of the issuing of certificates of sponsorship for the following grades: Executive Producer (when providing the functions of a Line Producer or Financial Controller/Production Accountant), Line Producer, Co-Producer, 1st Assistant Director, Unit Production Manager, Production Supervisor, Financial Controller, Production Accountant and the Production Guild may request sight of the evidence in support for such roles. Sponsors must be able to provide: • Evidence that the applicant is in a creative or technical role and possesses the skills and qualifications for the role, e.g. copies of qualifications, CV, credits, press cuttings, awards, accolades etc; and • Evidence of the applicant’s previous working relationship with a key Creative Grade in category 1. e.g. CV, references in support, credits, press cuttings; and • In the circumstances where more than one additional worker is sponsored per Department head, the case must be set out in a supporting documentation from the Sponsor. 4. The role is highly specialist, where advertising is demonstrably not appropriate For certain highly specialist roles, it would not be reasonable to expect an employer to undertake a resident labour market search. One example would be a role which requires particular attributes considered unlikely to be available from the resident labour force, for example where the role involves the application of highly specialist skills or new technology or proprietary technology or special effect, or unique knowledge. The Sponsor must be able to provide documentary proof that it would not be reasonable to expect the sponsor to undertake a resident labour market search e.g. in relation to the above example, proof that the role requires certain highly specialised skills e.g. job description; and that the applicant possesses those skills e.g. qualifications, CV, credits. For all roles under this category, the Home Office will notify BECTU promptly of the issuing of certificates of sponsorship and BECTU may request sight of the evidence in support for such grades. 5.International Co-productions Sponsors issuing certificates of sponsorship to workers taking part in international co-productions structured under one of the UK’s bilateral co-production treaties, or under the European Convention on Cinematographic Co-Production, need to provide the following evidence: • Provisional approval from the UK Film Council certification department that the film is being structured as an official co- production; or • Interim certification from the UK Film Council Certification Department.
Required advertising media for other posts	• For roles where formal advertising is not the usual industry practice for recruiting for a particular role: For these roles, the sponsor must carry out suitable and reasonable searches of the resident labour market, such as contacting agents, organisations, diary services or semi-formal worker networks. Where such informal recruitment methods are used, the sponsor must demonstrate a reasonable period within which it has searched the resident labour market, this should be for a least a period of two weeks. • Where formal advertising is usual for a role: For these roles, the sponsor must advertise the role to suitably qualified resident workers in an appropriate journal, newspaper, website or online directory. The choice of advertising medium should be appropriate for the particular role. The following advertising media may be appropriate: searching relevant online directories such as the Knowledge Online, Production Base, or through industry organisations such as the Production Guild. Other forms of advertising may be appropriate depending on the type of role. For longer terms contracts, advertisements in Guardian Media, Broadcast, Screen International, Marketing Week would be appropriate. Under this category, in the case of camera, editing and grip grades, and 1st Assistant Directors, the Home Office shall promptly notify BECTU of the issuing of certificates of sponsorship and BECTU may request sight of the evidence of the steps to search for resident labour for these roles. Under this category, in the case of Executive Producer (when providing the functions of a Line Producer or Financial Controller/Production Accountant) Line Producer, Co-Producer, 1st Assistant Director, Unit Production Manager, Production Supervisor, Financial Controller, Production Accountant grades, the Home Office will promptly notify the Production Guild of the issuing of a certificate of sponsorship and the Production Guild may request sight of the evidence in support for such roles.
Additional evidence required for Personal Assistants to Directors and Producers of international status	Sponsors may issue a Certificate of Sponsorship to a single, non-technical, non-creative personal assistant who supports a Director or Producer under category 1, who has demonstrable international status i.e. are known worldwide for international box office success. The Sponsor must notify BECTU promptly of the issuing of a certificate under this category for a PA to a Director and must notify the Production Guild promptly of the issuing of a certificate for a PA to a Producer. They may request sight of the evidence in support for such roles. Sponsors issuing certificates to applicants under this category must be able to supply proof that: • the applicant has a significant previous working relationship with the Director or Producer (a “significant” previous working relationship entails an established pattern of joint working on a number of previous productions rather than isolated or random examples); and • the migrant works only as a personal assistant to the Director/Producer and does not undertake creative or technical duties; and • the Director or Producer is of international status i.e. known worldwide, or they have demonstrable box-office appeal worldwide. • the worker has the skills and experience in that role e.g. a reference in support from the Director or Producer, film and TV credits, qualifications, and CV • the Director or Producer has international status e.g. press cuttings, awards, accolades, publicity material, television/radio interviews, film and TV credits; or, documentary proof that they have demonstrable worldwide box-office appeal through box office figures for films they have led.
Models in the fashion industry
Appropriate salary rate	Payments should be commensurate with industry standards and comply with the National Minimum Wage rate to which they are entitled by the law in force at the relevant time.
Exemptions from advertising for those deemed to be making an additional contribution to the UK labour market	1 Top models These are people who are recognised not just as models but may, also, be personalities in their own right. They are high earners and, for the most part, will come to the UK with pre-booked work. A sponsor must be able to supply evidence that the model has international status, e.g. publications, publicity materials, press engagements, relevant social media presence. 2 Commercial models These are those models who have sufficient a level of experience that they are already established, if not in the UK, certainly in their own or other markets. They may already be known to UK clients or will certainly have been pre-marketed, however, photographs alone are not sufficient, except for models flying in for a particular job. Sponsors issuing a CoS must be able provide the following evidence: i. Evidence of previous engagements or of commercial status in the UK, and/or ii. Evidence of working in markets other than the UK 3 The model is required for continuity The model has worked for the same client, within the past two years, prior to coming to the UK. The sponsor must be able to provide evidence, e.g. confirmation of past and intended bookings. 4 New faces Will have experience but may be entirely new to the UK market, or on a second or third visit. The New Face Model will have shown considerable promise and, being the ‘latest’ face, are likely be much sought after, particularly by photographers and print or digital media alike. Models must meet 65% of the eligibility criteria for the Modelling Industry, as endorsed by the British Fashion Council. Sponsors must be able to provide evidence of which criteria are met.
Required endorsement for those falling outside the above criteria	A British Fashion Council approved panel will be put in place to endorse specific models with real potential that are unable to fulfil the required four criteria, which is most likely to occur within the New Faces category. Applications will still be required to be scored against the criteria and the supporting documents submitted to the Panel to enable them to make a decision. Sponsors must be able to demonstrate panel approval when issuing CoS.