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How to apply for temporary employment visa as a creative worker in UK

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A creative worker is someone who can contribute in a special way to the vibrant culture of the nation, such as an artist, dancer, singer, entertainer, or model who works in the fashion sector. They are able to travel to the UK to work in these industries temporarily because of the Creative Worker route.

Without getting side-tracked by the Visit Visa rules, it’s worth mentioning that artists, entertainers, and musicians may be allowed to come to the United Kingdom on the Visitor route without needing to be sponsored if they meet the relevant requirements. This could be as either a standard visitor or as a Permitted Paid Engagement (PPE) visitor.

Early considerations: switching inside a country and border concession

If you go down this route, you should take advantage of the two stand-out features. One is a border concession for those entering the United Kingdom and the other is a relaxation of rules for switching to this visa in-country.

The border concession allows a non-visa national (a national of a country not listed on the visa national list) with a valid Certificate of Sponsorship issued for 3 months or less to travel to the United Kingdom without a visa. They must have proof of funds and not fall subject to any of the grounds for refusal. They can ask for permission to enter at the border under the Temporary Work – Creative Worker visa concession. They must not use the passport e-gates to enter and must speak to a border officer to request a “leave to enter” stamp in their passport (though this rule is different for those coming through Ireland). Aside from the Certificate of Sponsorship, it’s a cheap and quick way to arrive in the country with a right to work in a sponsored role.

Applicants cannot normally switch to Temporary Work routes in-country. What’s quite special about the Creative Worker route is that it allows applicants to switch to this route if they are currently in the United Kingdom as with Visitor status, provided certain conditions are met. This applies to:

  • Standard Visitors who have entered the country and have been undertaking permitted activities in the creative sector; and
  • Permitted Paid Engagement (PPE) Visitors, specifically professional artist, entertainer, or musician, who has entered the country to carry out activities directly related to their creative profession, where they have been invited by a creative organization, agent, or broadcaster based in the United Kingdom.

Essentially this could be a faster way to enter the country that allows applicants to regularise their stay later if needed.

Who can be a sponsor?

Sponsors will be operating in the creative sector. Examples include, but are not limited to a national arts body, an events organizer, a producer, a venue, an agent, a promoter or promotion company, a production company, or a media organization.

A sponsor may not be the applicant’s employer. For example, a theatre troupe and their support entourage plan to do a tour of the United Kingdom. They can be sponsored by the venue or a promoter or an agent, but they will not be direct employees of the sponsor.

Where the sponsor is not the employer, the Home Office may review the arrangements and monitor the sponsor closely to make sure that their duties are being fulfilled. This may include requesting additional information at the time of submitting a defined Certificate of Sponsorship request or conducting an audit (with or without notice).

What is the Certificate of Sponsorship requirement?

In addition to the usual things a sponsor declares when issuing a Certificate of Sponsorship (name, details of the job, salary, etc), they will also confirm one of the following:

  • the applicant complies with their relevant Code of Practice under Appendix Creative Workers Codes of Practice (where one exists for their role) in dance, theatre, film, and television, or as a model in the fashion industry;
  • the role appears in the shortage occupation list in Appendix Shortage Occupation List; or
  • before assigning the Certificate of Sponsorship, the sponsor took into account the needs of the resident labor market in that field and was satisfied that the work could not be carried out by a settled worker.

Where a code of practice applies, the sponsor must follow it.

If there is no code of practice, a sponsor must show that the sponsored worker will not be displacing a settled worker. There is a free text box on the Certificate of Sponsorship to detail this. If you’re having flashbacks to the strict resident labor market test requirements in place before the 2020 changes to the Immigration Rules, I feel your pain. The good news is that the new requirements are slightly less strict (more on this below).

A sponsor does not need to follow a code of practice or otherwise take into account the needs of the resident labor market if they are sponsoring a Creative Worker in a role specified in the shortage occupation list.

Sponsors in the creative sector can issue Certificates of Sponsorship to individuals or groups (such as a performer and their entourage). If you are dealing with a group, read the guidance carefully on the key differences when filling out the certificate.

Workers under the age of 18 are eligible, but the sponsor must demonstrate that they have implemented appropriate measures to safeguard their welfare and complied with relevant legislation (including obtaining a child performance license if applicable). They must also have parental consent.

What is the Resident Labour Market Test for Creative Workers?

A sponsor must be able to show how they have recruited sponsored workers. A sponsor may have met the test by:

  • advertising the post to let settled workers apply;
  • relying on the international status of the worker e.g. by virtue of the worker being who they are; and
  • applying the principles set out in Appendix Creative Worker Codes of Practice to sectors for which there is no code of practice.

The sponsor must retain evidence of recruitment for sponsored workers, as set out in Appendix D: keeping documents – guidance for sponsors. This includes taking screenshots to ensure certain information is captured from workers employed. Documentation of each settled worker who was rejected or did not take up an offer of employment should also be kept. The list is extensive, so do take the time to read and understand it.

Requirements for temporary workers

The worker must meet the validity, suitability, and eligibility requirements. We’ll do a quick tour through the validity and suitability requirements first, then focus in the detail on the eligibility requirements.

Validity requirements

The validity requirements are similar to the requirements for most of the points-based routes under the new immigration system (but not the same). The applicant must submit a valid visa application and pay the required application fee, Immigration Health Surcharge (if applicable), enroll their biometrics, submit their documents, and have an assigned Certificate of Sponsorship issued no more than 3 months before the date of application.

Do remember the two special features of the validation rules that were explained above, including the border concession and switching in-country.

Suitability requirement

The applicant must not fall for refusal under the grounds set out in Part 9 of the Immigration Rules. If applying for permission to stay, they mustn’t be in breach of immigration laws except for the usual paragraph 39E (which contains exceptions for overstayers) and they must not be on immigration bail.

Eligibility requirements

Aside from satisfying the validity, suitability, and Certificate of Sponsorship requirements, an applicant will need to demonstrate that they meet the eligibility requirements. This includes:

  • showing that you genuinely intend, and are able, to undertake the role for which you are being sponsored and do not intend to undertake other employment;
  • meeting the financial requirement;
  • providing a valid TB certificate, if required; and
  • providing parental consent for any applicant under 18 years of age.

There is no English language requirement.

Genuineness requirement

The applicant must genuinely intend and be able to undertake the role they are being sponsored to do. A caseworker considering the application can request additional information and evidence. When making their assessment, the caseworker must take into account the applicant’s knowledge of the role, relevant experience of the skills needed to do the role, knowledge of the sponsor, explanation of how they were recruited, and “any other relevant information”.

Additional information and documentation must be provided within 10 working days of a request from the Home Office, failing which the application will be refused. They can also request that the applicant attends an interview.

On many sponsored visas workers should not intend to undertake employment other than in the role for which they are being sponsored. However, Creative Workers are permitted to undertake supplementary employment without breaching the genuineness requirement.

Financial requirement

Those who have been present in the United Kingdom with valid immigration status for 12 months or longer on the date of the application do not need to evidence this requirement.

Anyone applying for entry-clearance or applying for permission to stay has been in the country for less than 12 months, must show that they have funds of at least £1,270. Evidence such as bank statements must be in a particular format showing key information and funds must have been held for a minimum 28-day period as specified in Appendix Finance.

Alternatively, (and it’s much easier if) the sponsor ticks to certify maintenance on the Certificate of Sponsorship. This means that they, as an A-rated sponsor, confirm that if it is necessary, they will maintain and accommodate the applicant up to the end of the first month of their employment for an amount of at least £1,270. This does away with the need to submit extra paperwork like bank statements.

Parental consent requirement for applicants under 18 years

If the applicant is aged under 18 on the date of application, they must have written consent from:

  • both parents;
  • one parent, if that parent has sole legal responsibility for the applicant; or
  • the applicant’s legal guardian.

The written consent must confirm support for all of the following:

  • the application;
  • the applicant’s living and care arrangements in the United Kingdom; and
  • if the application is for entry clearance, the applicant’s travel to, and reception arrangements in the United Kingdom.

Don’t forget that if two birth parents are not available to sign, things like sole responsibility or legal guardianship will need to be proven, which can be quite a time-consuming and document-heavy task. We haven’t covered dependent family member requirements and documents in this briefing but general guidance can be found here.

How much does it cost?

This route is comparatively cheap. There is no Certificate of Sponsorship fee and no skills charge. And, if the worker is applying for entry-clearance for a period of fewer than 6 months, they will be exempt from the Immigration Health Surcharge.

For an entry-clearance application for a duration of 12 months, fees are as follows:

  • Application fee: £259
  • Immigration Health Surcharge: £624
  • Any priority processing fees: approx. £250

The fees vary slightly for applications made in-country. Fees are revised (often upward) every April; see the Home Office website for the up-to-date list.

How long does it take?

Once you’ve applied online, proved your identity, and provided your documents, you’ll usually get a decision on your visa within 3 weeks if you’re outside the United Kingdom and 8 weeks if you’re in-country.

Priority services are currently available, but the Home Office confirms that they are still working through a backlog and processing times are not guaranteed. Check for updates on visa decision waiting times before advising on feasibility and timeframes.

What is the visa duration and can it be extended?

If the application is successful, permission to enter and stay will be issued for either 12 months, or the time stated on the Certificate of Sponsorship plus up to 14 days before and after the period of leave granted, whichever is shorter.

Creative Workers who wish to continue working for the same sponsor may apply to extend their stay for up to a maximum of 24 months. Creative workers who wish to change employers may only stay in the country for a maximum of 12 months.

Those who entered the country for up to 3 months under the border concession cannot extend their stay on the Creative Worker route.

Once the application is approved

Successful applicants will be granted either a digital immigration status (an eVisa) covering the duration of their stay or a physical visa and will need to collect their biometric residence permit when they enter the country.

A visa grant will be subject to a number of conditions:

  • no access to public funds;
  • work is permitted only in the role(s) the applicant is being sponsored for;
  • supplementary employment is permitted;
  • the study is permitted, subject to the ATAS condition in Appendix ATAS; and

The rules also still contain a requirement to register with the police, if Part 10 applies, though, in practice, this condition has been abolished. See our procedural update on this.

Immigration

Germany Vs. America: What Are The Odds For An Immigrant?

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Germany Vs. America: What Are The Odds For An Immigrant?

Generally before making the move out from your country of origin to live as an immigrant in another, one needs to weigh their options to determine what the odds are, and for countries such as Germany and America, there are lots of things to consider before becoming an immigrant.

Living as an immigrant might be very different in Germany and America. Both nations have distinctive cultures, traditions, and ways of life.

The degree of bureaucracy in the two nations is one of their largest contrasts. German laws and paperwork are notoriously stringent, and getting a work or residency permit might take a long time. In comparison, American bureaucracy is often less strict and the procedure for acquiring a work or residency visa is typically quicker.

The process of cultural assimilation is another significant distinction. Because of the country’s insistence on maintaining its own culture and traditions, foreigners may find it more difficult to assimilate into German society.

On the other side, immigrants have a greater opportunity to integrate into society in America, where the melting pot culture is valued.

Another comparison is the healthcare system. In Germany, government funding is used to support healthcare, which is seen as a fundamental right. This indicates that all citizens and residents have access to inexpensive healthcare.

In America, private insurance firms supply the majority of the country’s healthcare, which may be costly for everyone—especially immigrants who might not have access to employer-sponsored insurance.

In terms of social and economic chances, immigrants often have more success options in America. The American Dream and individuality are emphasized more, which may inspire immigrants to put in more effort and succeed. Germany’s economy is robust, but stability and security are prioritized more than growth, and labor market competition may be fierce.

Germany Vs. America: What Are The Odds For An Immigrant?

In conclusion, life as an immigrant in Germany and America may be quite different experiences.

Both nations have distinctive cultures, traditions, and ways of life. However, before making a choice, newcomers should consider the advantages and disadvantages of each nation.

Depending on a person’s interests and circumstances, living in Germany or America might provide a variety of benefits and drawbacks.

Pros of living in Germany:

Germans are regarded for having a high level of living and a robust economy. As a result, individuals can afford to obtain important services like healthcare, education, and others.

Robust social safety net: The German government offers its inhabitants a strong social safety net, which is reassuring for those who are in need. This entails a thorough social welfare system and unemployment compensation.

Excellent public transportation: It is simple to travel around thanks to Germany’s wide and effective public transit infrastructure.

Rich culture and history: There are numerous museums, art galleries, and historical places to visit in Germany, which has a rich culture and history.

Cons of living in Germany:

High taxes: People with modest incomes may find it difficult to live in Germany due to the country’s high tax rate.

The German government is renowned for its stringent rules and paperwork, which can be tedious and infuriating.

Limited work options: Finding a job might be challenging for immigrants due to the competitive nature of the labor market.

Pros of living in America:

Economic possibilities: The US has a robust economy and job market. For immigrants, this may open up a lot of prospects for success and financial improvement.

America places a high priority on individual freedom and the capacity to realize the American Dream.

America is a melting pot of cultures, making it simple for immigrants to adapt and feel a part of the community.

Cons of living in America:

High cost of living: America’s main cities tend to have the highest cost of living.

Limited social safety net: Those in need may suffer because the American government does not offer a welfare system that is as extensive as those in other nations.

Limited access to healthcare: Private insurance firms offer the majority of healthcare, and it can be expensive, especially for individuals without employer-sponsored insurance.

In conclusion, there are advantages and disadvantages to living as an immigrant in both Germany and America. People should examine the benefits and drawbacks before deciding which nation best meets their requirements and tastes.

 

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Immigration

Studying In Turkey As An African Immigrant

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Studying In Turkey As An African Immigrant

Turkey may hold an admiration over its wonderful culture and has over the years seen itself become some place of a tourist attraction, but what is the general feel like for an African immigrant picking Turkey as a destination for learning?

International students have traditionally flocked to Turkey as a popular study-abroad location.

Turkey has seen itself become a popular choice for many foreign students due to its rich cultural history, superior educational system, and reasonably inexpensive cost of living.

The experience of studying in Turkey, however, might be quite different for immigrants from Africa. We’ll look at some of the important factors for African immigrants who are interested of studying in Turkey in this post.

The language barrier is one of the first things to take into account. The majority of instruction is in Turkish, even though many Turkish colleges offer programs in English.

For African immigrants who might not be fluent in the language, this might be difficult. It is significant to highlight that many Turkish institutions provide language courses for foreign students, which may be an effective strategy to advance language abilities and more smoothly acclimate to academic and social life.

Studying In Turkey As An African Immigrant

The price of attending school in Turkey is an additional major factor. The cost of living in Turkey is quite inexpensive compared to other nations, but for African immigrants who do not have the same financial advantages as other foreign students, it might still be pricey.

For overseas students, notably those from African nations, there are several scholarships and financial assistance alternatives available.

African immigrants may experience certain difficulties integrating into their new societies and cultures. Turkey is a majority-Muslim nation, and as such, its culture and customs might differ greatly from those of many African nations.

However, there are several active foreign student clubs at Turkish institutions that may offer assistance and resources for overcoming cultural differences.

Overall, being an African immigrant studying in Turkey can be both difficult and rewarding. Turkey is a fantastic location for foreign students because of its top-notch educational system, diverse culture, and friendly neighborhood.

However, it is crucial to be aware of the possible financial burdens, cultural differences, and language limitations and to look for assistance and resources to help you overcome these obstacles.

To sum up, studying in Turkey as an immigrant from Africa might be a unique experience with its own set of difficulties, but with the correct planning and support, it can also be a fantastic chance for academic and personal development. Making the most of the experience requires study and outreach to colleges, student organizations, and other resources.

 

 

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How Nigerian, Chinese and Indian Immigrants Grew UK’s Academic Population In 2021/22

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How Immigrants Grew UK’s Population In 2021/22 Academic Year

During the 2021–2022 academic year, 679,970 non–UK immigrant population of students attended universities in the UK, primarily from China, India, and Nigeria.

The number of non-EU immigrant students enrolled in higher education overall for the 2021–2022 academic session rose from 452,225 to 559,825 in population according to the Higher Education Statistics Agency (HESA).

Additionally, the number of first-year immigrant students from non-EU countries increased, reaching 350,325 in 2021/22 an increase of more than 85,000 population from the previous intake.

The overall number of EU enrollments fell from 152,905 the year before to 120,140 this time around.

More information According to the HESA data, non-EU students increased by 24% while students from EU countries decreased by 21%. The proportion of first-year students from the EU has declined by 53% during the academic year 2020–2021.

A total of 326,150 non-UK postgraduates (PG) students are now enrolled (up from 243,560 in 2020–21), with non–EU students accounting for the majority of the growth.

The number of EUs (PG) decreased from 31,045 to 22,775 persons in 2021/22. On the other hand, non-EU PGT numbers have increased to 303,375 from 128,645 in 2017/18.

2,862,620 students enrolled at UK institutions during the academic year 2021–2022. There were 1,288,160 first-year students in total.

First-year non-EU students grew by 32% from the academic year 2020–21 to this one.

With 151,690 students in total in 2021/22, Chinese students continue to make up the biggest non-UK student cohort. HESA reports that there are now 126,535 more Indian students overall, a 50% increase.

The top 3 universities for overseas students are: In terms of the number of international students enrolled, these three universities continued to be the top three: University College London, The University of Manchester, and The University of Edinburgh. All of them saw a rise in their international populations, but Edinburgh had the biggest increase, going from 15,590 to 18,050.

International students made up more than domestic students at the University College of London (24,145), University of the Arts, London (12,060), Imperial College of Science, Technology, and Medicine (11,320), BPP University (8,525, London School of Economics and Political Science (8,520), Royal College of Art (1,880), and London Business School (1,875).

According to the data, there are more Nigerian immigration students studying in the UK. In addition, Malaysia’s numbers dropped by 21% over the previous five years, placing it below Nigeria, the US, Hong Kong, and Pakistan, according to HESA.

This suggests that an increasing number of Nigerians are choosing to live in the UK. Hopefully, despite the pressure from other nations like Canada and Germany, this tendency will continue.

 

 

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