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

  • Sponsoring an employee under Tier 5 (Creative and Sporting)
  • Preliminary considerations
  • Licensed sponsor
  • Sponsoring sportspeople
  • Sponsoring creative artists
  • Care arrangements for children
  • Sportsperson—eligibility
  • Sportsperson—procedure
  • Creative artist—eligibility
  • Creative artist—procedure

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?

This Practice Note discusses key factors a sponsoring employer should be aware of before considering sponsoring a migrant through Tier 5 (Creative and Sporting) as well as the eligibility criteria that a sponsor must ensure the migrant satisfies.

Tier 5 (Creative and Sporting) is a Points-Based System (PBS) sub-tier for applicants in the creative and sporting sectors to enter the UK to work or perform on a temporary basis.

Under this category, non-EEA national sportspeople and coaches may enter for a period of up to 12 months. Non-EEA national creative artists and entertainers can enter for an initial period of up to 12 months, with the option in certain circumstances to extend their stay up to a maximum of 24 months in total. A sportsperson or creative artist may also be accompanied by their entourage.

Migrants must be sponsored by an employer approved by the Home Office for this specific sub-tier.

For information on the process for migrants applying under this sub-tier, see Practice Note: Sponsored employee: applying under Tier 5 (Creative and Sporting).

This sub-tier is

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