Tier 5 (creative and sporting)

The following information is given in order to provide you with a generalised overview of the criteria required under the Tier 5 (creative and sporting) sub category. However if you wish for us to assess whether you qualify under the Tier 5 (creative and sporting sub category, or you wish to engage our services and/or require further information regarding this particular sub category, please complete the 'Contact Box' on this page to enable a member of our team to contact you and advise you further.

The Tier 5 (creative and sporting) sub category allows foreign nationals to enter the UK to work or perform as sportspeople, entertainers or creative artists for up to 12 months. This category is for foreign nationals who are entering the UK for a short term contract/engagement in the UK.

Anyone entering the UK under the Tier 5 (creative and sporting) sub category must obtain:

• 30 points for certificate of sponsorship; and,
• 10 points for the maintenance requirement.

There is specific criteria that needs to be met in order for a foreign national to enter the UK under the Tier 5 (creative and sporting) sub category, which has been summarised below.

Sporting Category

If a foreign national wishes to enter the UK under the sporting sub category he/she must be internationally recognised at the highest level in their sport, and/or their employment will make a significant contribution to the development and operation of that particular sport in the UK. It should be noted sport coaches are able to enter the UK under this sub category, but they must be suitably qualified to fulfil the role in question.

In order to obtain the 30 points for the certificate of sponsorship, the sponsor will need to obtain an endorsement, for the foreign national, from the appropriate governing body in their particular sport. The endorsement in brief must confirm:

• The player/coach is internationally established at the highest level; and/or
• His/her employment will make a significant contribution to the development of his/her sport at the highest level in the UK; and,
• The post cannot be filled by a suitable settled worker.

Creative Category

In order for a foreign national or their entourage operating in dance, film, theatre and/or television to enter the UK under the creative sub category, the sponsor must follow the resident labour market test in the foreign national or their entourage’s particular field.

In order to obtain the 30 points for the certificate of sponsorship under this sub category the sponsor must have assured that the foreign national:

• Is seeking entry to the UK to work or perform in the relevant sector;
• Is not intending to base themselves in business in the UK;
• Does not pose a threat to the resident labour force; and,
• Will comply with the conditions of their permission to stay and leave the UK prior to their leave expiring.

It should be noted this category is not applicable to foreign nationals who currently enter the UK under the permit free concessions for entertainers, including permit free concessions for sportspeople.

Foreign nationals entering the UK under the (creative and sporting) sub – category must obtain entry clearance prior to travelling to the UK, unless the foreign national is a non – visa national and wishes to enter the UK for a period of less than 3 months. These nationals will still require a certificate of sponsorship but will not be required to obtain an endorsement in their passport before travelling to the UK. In these instances the non-visa national will need to inform the immigration officer upon entry in the UK of their certificate of sponsorship number and provide evidence that they meet the maintenance requirement.

• Maintenance requirement – in order to meet the maintenance require the foreign national must show £800 (or equivalent) of personal savings which must have been held for at least a consecutive 90 day period ending no earlier than one calendar month before the date of application. It should be noted in some cases however the sponsor may be able to certify the foreign nationals’ maintenance, but they will not be able to sponsor the foreign nationals’ dependants’ maintenance requirement.

Length Of Time An Individual Is Able to Remain In The UK Under Tier 5 (Creative And Sporting) Sub Category

A maximum period of 12 months, or the time given in the certificate of sponsorship plus 28 days, whichever is shorter.