Global Talent Film & TV Visa or Tier 5 Creative Visa

Understanding the Global Talent Film and TV Visa: Making an application in the Global Talent Film and TV category can be an intimidating process, because not only is it an involved administrative procedure, but this is a category which makes a value judgement about the Applicant’s career achievements. Unlike for those applying in other fields of expertise for Global Talent, those working in film and TV have a higher burden to meet, in demonstrating that they are already leaders in their field, rather than merely on their way to becoming leaders. 

Despite this high barrier to entry, there are several benefits for both individuals and potential employers in the UK to individuals making Global Talent applications rather than being sponsored.  In this article we compare the Global Talent Film and TV visa route with the Tier 5 Creative Worker Visa to see why the Global Talent Film & TV route may be a better option for many creative workers in the film and television industry.

2. Pros and Cons of the Global Talent Film and Television Visa

First and foremost, the Global Talent category can lead to settlement in the UK, after three years of residence (for those endorsed by PACT). This is one of the quickest routes to indefinite stay in the UK and gives a distinct advantage over the T5 Creative route which can only be granted for a limited period and can never lead to a grant of Indefinite Leave to Remain in the UK. This makes the process potentially cheaper and more flexible for employers because there is no need to continually renew visas if schedules change, as well as giving the migrant the option of staying in the UK on a long-term basis. 

Another factor to consider is that a migrant in the Global Talent category has more freedom to undertake opportunities as they arise in the UK. While those in the Tier 5 Creative route are usually limited to working for their sponsor(s), Global Talent migrants are able to take on employment, and self-employment, and have periods where they are not working while remaining in the UK. They can take on work or studies outside their field of expertise and can have multiple projects at once without this interfering with their visa. 

The Global Talent route also does not require that you have a specific opportunity lined up in the UK prior to your arrival. You should, in this category, have an intention to contribute to your chosen field during your time in the UK, but it is not necessary to know exactly what work you will be doing before applying. However, those applying in the T5 Creative category will need to have specific projects arranged before they arrive in the UK.

One downside of the route is that depending on your credentials, the initial application process can be a little involved and take some time to apply and be approved, meaning that for short-notice engagements T5 Creative can be more useful. However, this application only has to be made once rather than each time you wish to come to the UK and the extension and settlement stages are simpler. 

The criteria to enter the Global Talent Film and TV category are also very strict, so it is not a route that will be appropriate for everyone. While other individuals working in similar fields, such as theatre, can apply based on being at an early stage in their careers and having the potential to be a leader in the field, this lower threshold is not open to those working in film and television and in this field, applicants must already have been recognised as leaders in the field, specifically through awards and nominations.

3. Eligibility Criteria for a Global Talent Film & TV Visa

The Film and Television sub-category of the Global Talent visa is open both to those who are already in the UK, perhaps working in a different category, as well as those who are based outside of the UK. There is no need to have a job offer or any particular project lined up in the UK before making the application. It can be done on a speculative basis, in case opportunities arise in the UK. 

The category is for individuals who have either been given awards or received a nomination for an award. Individuals can also apply if they have made a significant contribution to another person or entity receiving an award or nomination. This means that individuals do not necessarily require awards or nominations in their name but their contribution to any awards or nominations relied on must be significant. Not everyone in production will be able to rely on the same award – it will depend on what exactly their role has been in relationship to the person nominated or receiving an award.

Applying in this category is not limited to actors, those otherwise involved in the production are also able to apply, including producers, directors, show-runners, and post-production. Those working in animation and visual effects can also apply. 

Those working in sound or music may wish to consider if their work is better suited to the Arts Council criteria. Similarly, those creating moving image artistic pieces for display in galleries rather than television or film festivals may also be best placed applying to the Arts Council. It will depend on the individual balance of work. Anyone who is not sure which is the best route for their circumstances should seek advice about this. 

4. Endorsement Process by PACT as a Film and Television Worker

There are three ways to apply, depending on what awards the potential applicant has received or been received nominations for. 

The first option is actually to skip the whole endorsement process entirely if certain awards have been received. These are referred to as the ‘prestigious prizes’ and the Home Office keeps a list of these in the Immigration Rules. Where one of these awards has been received, the individual can apply directly to the Home Office for the visa and does not need to be endorsed by PACT first. This means that the process can be much quicker. The relevant awards included in the list are (non exhaustively) Academy award for leading/supporting actor/actress, cinematography, directing, writing, BAFTA for leading/supporting actor/actress (in both film and television), and directing in film, as well as a selection of Golden Globes. 

If a prestigious prize has not been awarded, the next option is to rely on a ‘main award’. 

This means:

(i) an Academy Award; or

(ii) a British Academy of Film and Television Arts (BAFTA) (film, television, television craft, Cymru, Scotland, Games awards only); or

(iii) a Golden Globe; or

(iv) an Emmy Award; 

An applicant on this basis must either have: 

• won one of the Main Awards, or 
• in the last 10 years they have been nominated for, or made a significant contribution to winning, or being nominated for any of the Main Awards; or
• in the last 15 years, they have achieved a minimum of 2 nominations for the Main Awards; or

If the rules cannot be met based on a Main Award then a person can apply based on having Notable Industry Recognition Awards.

• at any time, won a minimum of two awards for at least two different productions. 
• at any time won one, and, within the last six years before the date of application, have been nominated for one other for at least two different productions. 
• within the last six years before the date of application, have been nominated for a minimum of three for at least two different productions.  
• within the last three years before the date of application, made a significant and direct contribution to winning or being nominated for three awards for at least two different productions. 

In all cases, where the production(s) are films, the films must have had a theatrical release.

5. Duration of Stay and Pathway to Indefinite Leave as a Global Talent Visa Holder

Global Talent TV & Film visa applicants can choose how long they would like to have a grant of leave for, up to five years and four months. The length of leave applied for will not affect the chances of the application being successful but will affect the cost of the application fees. This is because the Immigration Health Surcharge fees are paid based on the length of time applied for. 

If a person only needs to be in the UK for a limited period, they can choose to keep costs lower and apply for just a year. This can always be extended if plans change. 

To apply for Indefinite Leave to Remain when endorsed by PACT, you will need to spend at least three years in the UK with no more than 180 days of absences from the UK in any 12 months. A person intending to apply for Indefinite Leave to Remain should therefore apply for at least three years of leave. 

However, if work or other commitments may mean that it is not possible to spend the minimum number of days in the UK each year, then it may be advisable to simply apply for the full five years and four months so that extension applications do not need to be made frequently. There is currently no limit on the number of times the application can be extended or any limit on the amount of time that can be spent in the category. 

6. Costs Involved in Applying for a Global Talent Film & TV Visa

It costs £716 to apply for a Global Talent Film and Television visa.

If you’re applying based on an endorsement from PACT, you’ll pay the £716 in two parts:

• £524 when you apply for the endorsement
• £192 when you apply for the visa itself

If you’re applying based on an eligible award, you’ll pay the full £716 when you apply for the visa.

If you’re including your partner or children in your application, they’ll each need to pay £716.

In addition to these costs, you will need to pay the Immigration Health Surcharge of £1035 per person per year of leave applied for. 

Visa priority services range between around £250 and £1000 depending on the place the application is made and what level of priority is required. 

In addition to these costs, a person might also want to consider other costs they might incur, for example if a translator is required. 

7. Tier 5 Creative Worker Visa: An Alternative Option

Individuals can be sponsored to come to the UK in the T5 Creative for a period of up to 12 months initially, with the option to extend permission for up to 24 months (if continuing to work for the same sponsor). 

The job that the Creative Worker is coming to undertake in the UK must contribute uniquely to the UK’s cultural life. Disciplines covered include, non-exhaustively, dance, music, film, theatre, television, circuses, opera and fashion modelling. 

The sponsor is required to ensure that the job they are offering you is one that is eligible for the Creative Worker route. Relevant eligible occupation codes for the Creative Worker are set out in the immigration rules. The Home Office will need to be satisfied in all cases that the role is in the creative industries. 

You must be sponsored by an organisation in the UK such as a national arts body, a promoter or promotion company, an agent, a venue, a production company or a media organisation, which holds a Sponsor Licence for this purpose.  Codes of Practice apply to certain occupations under the Creative Worker route as detailed in Appendix Creative Workers Codes of Practice. Within this, certain appropriate salary rates are identified as set by PACT, Equity or BECTU.

Non-visa nationals coming to the UK for an engagement of less than three months may simply apply at the border. However, visa nationals or anyone applying for a period of longer than three months will need to apply for Entry Clearance in advance of arriving. 

For expert advice and assistance with a Global Talent Film and Television application, contact our business immigration barristers on 0203 617 9173 or complete our enquiry form below.