How the Tier 5 (Creative and Sporting) sub-tier operates in different sectors
Produced in partnership with Philip Trott of Bates Wells
How the Tier 5 (Creative and Sporting) sub-tier operates in different sectors

The following Immigration practice note produced in partnership with Philip Trott of Bates Wells provides comprehensive and up to date legal information covering:

  • How the Tier 5 (Creative and Sporting) sub-tier operates in different sectors
  • Creative sector
  • Ballet
  • Dancers (in dance forms other than ballet)
  • Performers in theatre or opera
  • Performers in film and television
  • Workers in film and television
  • Models in the fashion industry
  • Creative artists in areas where no Code of Practice exists
  • Sportsperson

STOP PRESS: This Practice Note is being updated to reflect changes to the Immigration Rules further to Statement of Changes in Immigration Rules HC 813. For further information on these changes, see: LNB News 22/10/2020 80. See also Practice Note: The post-Brexit immigration system: what will it look like?

The Tier 5 (Creative and Sporting) sub-tier encompasses a broad range of temporary roles across two industry sectors.

The eligibility criteria for sponsoring workers under this sub-tier are broken down both by the industry sector (creative or sporting) and the specific industry sub-sector the role is in.

This Practice Note provides an overview of the specific eligibility criteria applicable to the industry sub-sectors included in the Tier 5 (Creative and Sporting) sub-tier.

Creative sector

There are differences in the way Tier 5 (Creative and Sporting) operates for creative artists in the areas of dance, theatre or film and television, and models in the fashion industry compared with other areas of the creative sector. This is because the Home Office has developed codes of practice for these areas that set out how sponsors should consider whether there is a need for a migrant to enter the UK to fill a particular vacancy on a temporary basis, whether or not a resident labour market test is required before a Certificate of Sponsorship (CoS) is issued and what evidential

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