Beyond the Temporary Shortage List, creatives have to navigate other complexities of the UK sponsorship system
Photo: mirsad sarajlic/iStock
How easy is it for overseas creatives to work in the UK?
The Migration Advisory Committee has launched Stage 2 of its review into the UK’s Temporary Shortage List. Louise Haycock and Jennifer Gray, global immigration advisers at Fragomen, outline the challenges and options faced by overseas creatives looking to work in the UK.
The Migration Advisory Committee (MAC), which advises the government on migration issues, has recommended roles in the creative industries be recognised for inclusion on the Temporary Shortage List (TSL). In Stage 1 of its review, it identified potential occupations for the list and made recommendations for the design and structure of the new visa route.
While encouraging, this development does not resolve the challenges international talent faces when seeking to migrate to the UK. Even if actors, dancers, photographers and behind-the-scenes roles stay on the TSL, it is critical they make it through Stage 2 of the commission.
Beyond the TSL, the creative sector continues to navigate the complexities of the UK sponsorship system, high visa costs and strict eligibility requirements, which limit opportunities for creatives looking to establish or grow their careers in the UK.
UK immigration challenges
The costs associated with obtaining a UK visa remain a significant barrier. The average cost for a five-year skilled worker visa is roughly £12,500. And immigration costs are set to rise, with the immigration skills charge increasing by 32% in December. The requirement for individuals to be sponsored also presents challenges, as some roles do not meet the required skill level or the minimum salary threshold for the skilled worker visa category.
The TSL allows for mid-level skilled roles to be sponsored, but the current minimum salary threshold for new applicants is £41,700 per annum, (though discounts are available in some circumstances such as early career). People in TSL categories cannot bring dependants, which makes the UK less attractive for those hoping to migrate with their family.
In addition, the skilled worker route does allow individuals to change roles or pursue other opportunities with a different employer. To retain visa status, individuals are limited to sponsored opportunities – problematic if any second employer does not hold a sponsor licence. There is also the need to ensure the salary and role continue to meet the minimum requirements of the visa category.
The creative industries often focus on unique talent and skills of a specific individual rather than a predefined vacancy. As a result, it is difficult for organisations to demonstrate a genuine vacancy for a sponsored role. And many in the industry work as freelancers or are self-employed, which may not align with the sponsorship route, meaning they have to rely on short-term visa options that limit opportunities for career progression.
The Global Talent visa does offer a pathway for leaders or potential leaders in the arts and culture to settle in the UK. This is a non-sponsored visa route, requiring individuals either to be endorsed by Arts Council England or to be a recipient of a prestigious prize/award.
Short-term visa options
Currently, the short-term visa options available to creatives include the following:
- UK Visitor Visa: People in the creative industries can use this option for one-off performances or engagements. The visa must be applied for before entry, Non-visa nationals must apply for electronic travel authorisation (ETA).
- Creative Worker Concession: This allows for non-visa nationals to work for up to three months in the UK without a visa. However, they will do sponsorship as a creative worker and must obtain an ETA before travel.
- The Creative Worker Visa: Sponsorship is required for this category and individuals can reside in the UK for an initial period of 12 months, with the option to extend for a further year. This route is attractive because of its lower minimum salary requirements and its flexibility allowing people to undertake multiple engagements or performances.
These short-term options work for those undertaking short-term projects in the UK but do not lead to settlement, creating challenges for people seeking a permanent move. Visa applications must be filed overseas, which can cause difficulties for those already in the UK.
Looking forward
A more flexible immigration system could play an important role in attracting and retaining international emerging talent in the creative industries. Non-sponsored visa routes could be key, offering individuals – particularly freelancers – the ability to pursue opportunities without the constraints of high salary thresholds or employer sponsorship. The flexibility would better reflect the realities of the creative sector, where short-term contracts, portfolio careers and cross-collaborative work are the norm.
In parallel, there is scope to explore industry-specific salary threshold discounts within the sponsored routes. This could help ensure talented individuals are not excluded from the UK labour market simply because the sector does not command high salary levels, despite its significant cultural and economic contribution.
The MAC has launched a Call for Evidence for Stage 2 of its review of the TSL, inviting submissions from government sector leads and representative bodies on the specific occupations identified in Stage 1.
It is critical that the Department for Culture, Media and Sport hear from the sector to contribute to its Job Plans. This is a valuable opportunity for the creative sector to highlight the immigration challenges it faces and how the system could better facilitate its needs. By engaging proactively in this process, the industry can help shape a more inclusive and responsive immigration framework that supports growth and international talent.
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