Sponsored employee: applying under Tier 5 (Creative and Sporting)
Produced in partnership with Philip Trott and Ross Kennedy of Bates Wells
Sponsored employee: applying under Tier 5 (Creative and Sporting)

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

  • Sponsored employee: applying under Tier 5 (Creative and Sporting)
  • Eligibility
  • Points scoring—attributes
  • Points scoring—maintenance
  • Genuineness testing
  • Parental consent and suitable arrangements if applicant is under 18
  • General grounds for refusal
  • Dependants
  • Is Tier 5 (Creative and Sporting) the best option for sportspeople?
  • Is Tier 5 (Creative and Sporting) the best option for creative artists?
  • More...

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 (Temporary Worker) route of the Points-Based System allows people to come to the UK, temporarily, primarily for non-economic purposes. The Creative and Sporting sub-tier is designed for sportspeople and coaches, as well as creative artists, entertainers and their entourages.

Leave to enter, entry clearance and leave to remain applications can only be made once the migrant has been assigned a Certificate of Sponsorship (CoS) by their sponsor. However, these issues should be considered from the outset by both the sponsor and migrant. For information on the sponsorship process for this sub-tier, see Practice Note: Sponsoring an employee under Tier 5 (Creative and Sporting). Switching into the Tier 5 (Creative and Sporting) category from within the UK is only permitted in very limited circumstances, see: ‘Switching into the Tier 5 (Creative and Sporting) sub-tier’ below.

This Practice Note sets out the key considerations for migrants seeking leave to enter, entry clearance or leave to remain under the Tier 5 (Creative and Sporting) route.

Eligibility

A migrant seeking to apply under the Tier 5 (Creative

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