|
Info for UK border staff & UK visa caseworkers
|
Creative Worker CoS handling
|
When a Creative Worker (usually a band member, crew member, DJ or film worker/actor) presents a CoS at the border they are doing so because they MUST get their passport stamped. This is not optional - if they don't get a stamp then they cannot work. Use of the e-gates is not permitted and being waved through without a stamp would mean they do not have the right to work. It is literally 'old school'; no stamp = no work. Sponsors in this sector have gone to the bother of issuing the CoS, and they have a legal duty to obtain a copy of the entry stamp for each person they sponsor. Without that, they are in breach of their sponsor duties. THIS IS REALLY IMPORTANT.
A Certificate of Sponsorship, if handled by us, will usually come in a printed format; 1 sheet of A4 paper (or more if it's a large travel party) with the sponsor and validity details clearly stated. We always advise our clients not to show their CoS on a phone, but to have it printed out. This is for the sake of clarity and so that you can take the CoS details away and verify them, without the need to handle a passenger's phone. The CoS numbers are ALWAYS 11 characters long; starting C5C. The first, third, fifth and eleventh characters will always be letters; the rest will always be numbers. They have had this format since the Points Based System was introduced in 2008. Beware the "expiry (use-by) date" - this is not the date you should grant leave until; this is simply the date by which the CoS has to be presented. The word expiry is bogus here. If the passenger is a non-visa national and the work trip does not exceed 3 months you can consider landing them under code 4 conditions as a temporary creative worker; they will rely on the stamp you give them to prove their right to work - and their sponsor will rely on it to show they carried out their sponsor duties. For visa nationals - please be aware that the limitations of your software system mean that some group member information is hidden. The sponsor creates groups of CoS based on group shows (bands, theatre ensembles etc.). The group info is input as a frame of reference for what the band or cast will be doing here in the UK; it might say something about when the band was formed, how many albums they've released, and the tour dates they'll be doing in the UK. If you cannot see that on your system, that's not the sponsor's fault. If you can only see the individual CoS info, bear in mind this person's CoS might actually contain more details that you are unable to see. Also please bear in mind that national minimum wage does not apply to self-employed people (most band and crew members are self-employed) or to service contract providers. Bands don't get paid a salary for live shows; they usually get a group fee paid by a promoter. The sponsor will not be their employer. This is profoundly different to the Skilled Worker sector, where the sponsor should always be the employer. |
Who is T&S Immigration? |
We are an advisor company and a third-party sponsor. We've been advising sponsors for 30 years and have been a sponsor since 2011. We are able to sponsor bands, solo artists and film and TV workers because sometimes they may have booked their own shows (hence there is no UK 'employer' at all) or because their promoter or the film production company has not had time to get their own sponsor licence. This is surprisingly common in the film sector; production companies may be formed just weeks before the film goes into production. Third party sponsors are allowed within the Creative Worker rules as long as they are honest about their business when they apply for the licence (which we were) and as long as they sponsor people appropriately - usually not for long periods.
|
