Immigration Rules Appendix Temporary Work – Creative Worker

CRV 1.1. A person applying for entry clearance or permission to stay as a Creative Worker must apply online on gov.uk on the specified form as follows:

1. CRV 1.2. An application for entry clearance or permission to stay as a Creative Worker must meet all the following requirements:
   1. (a) any fee and Immigration Health Charge must have been paid; and
   2. (b) the applicant must have provided any required biometrics; and
   3. (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
   4. (d) the applicant must have a Certificate of Sponsorship that was issued to them no more than three months before the date of application.

CRV 1.3. An applicant who is applying for permission to stay must be in the UK and have, or have last had, entry clearance or permission to stay as a Creative Worker.

CRV 1.4. An application which does not meet all the validity requirements for the Creative Worker route is invalid and may be rejected and not considered.

CRV 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

1. CRV 2.2. If applying for permission to stay the applicant must not be:
   1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
   2. (b) on immigration bail.

Entry requirements for a Creative Worker

CRV 3.1. A person seeking to come to the UK as a Creative Worker must have applied for and obtained entry clearance as a Creative Worker before they arrive in the UK, except where CRV 3.2. applies.

1. CRV 3.2. A person arriving in the UK who is seeking entry as a Creative Worker and does not have a valid entry clearance on that route may be granted permission to enter if the following requirements are met:
   1. (a) the applicant is not a visa national; and
   2. (b) the applicant has a valid Certificate of Sponsorship from an approved sponsor for the Creative Worker route; and
   3. (c) if the applicant has consecutive engagements, the total length of all the periods of engagement, together with any gap between those engagements, is three months or less; and
   4. (d) if the applicant does not have consecutive engagements, the total length of the period of engagement is three months or less; and
   5. (e) the person otherwise meets the requirements to be granted permission as a Creative Worker.

CRV 3.3. A person applying for entry clearance as a Creative Worker must, if paragraph A39 and Appendix T of these rules apply, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

1. CRV 4.1. The applicant must have a valid Certificate of Sponsorship for the job they are planning to do; which to be valid must:
   1. (a) confirm the applicant’s name, that they are being sponsored as a Creative Worker, and details of the job and pay the sponsor is offering them confirming that these arrangements comply with the National Minimum Wage; and
   2. (b) include a start date, stated by the sponsor, which is no more than 3 months after the date of application; and
   3. (c) not have been used in a previous application which was either granted or refused (but can have been used in a previous application which was rejected as invalid, made void or withdrawn); and
   4. (d) not have been withdrawn by the sponsor or cancelled by the Home Office; and
   5. (e) confirm that the role meets the relevant requirements at CRV 4.2.
2. CRV 4.2. The sponsor must ensure that:
   1. (a) the applicant complies with their relevant Code of Practice under Appendix Creative Workers Codes of Practice, where one exists for their occupation; or
   2. (b) the role appeared in the shortage occupation list in Appendix Shortage Occupation Lists; or
   3. (c) before assigning the Certificate of Sponsorship, the sponsor took into account the needs of the resident labour market in that field and was satisfied that the work could not be carried out by a settled worker.

CRV 4.3. If the Certificate of Sponsorship records that the applicant is being sponsored for more than one engagement by the same sponsor, there must be no more than 14 days between each individual engagement. Time spent by the applicant outside the UK (including the dates of their departure from and return to the UK) will not be counted towards this period.

CRV 4.4. If the applicant has consecutive engagements, each sponsor must assign its own Certificate of Sponsorship to the applicant, and each Certificate of Sponsorship must meet the requirements in CRV 4.1. to CRV 4.3.

CRV 4.5. The sponsor must be authorised by the Home Office to sponsor the job in question under the Creative Worker route.

CRV 4.6. The sponsor must be listed as A-rated on the Home Office’s register of licensed sponsors, unless the applicant was last granted permission as a Creative Worker and is applying to continue working for the same sponsor as in their last permission.

CRV 4.7. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do does not comply with the National Minimum Wage Regulations or the Working Time Regulations.

Genuineness requirement for a Creative Worker

1. CRV 5.1. The applicant must:
   1. (a) genuinely intend, and be able, to undertake the role for which they are being sponsored; and
   2. (b) not intend to undertake employment other than in the role for which they are being sponsored, or as otherwise permitted by paragraph CRV 9.5.

Financial requirement for a Creative Worker

CRV 6.1. If the applicant is applying for permission to stay and has been in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.

1. CRV 6.2. If the applicant is applying for entry clearance, or is applying for permission to enter under CRV 3.2, or is applying for permission to stay and has been in the UK for less than 12 months on the date of application, either:
   1. (a) the applicant must have funds of at least £1,270; or
   2. (b) the applicant’s A rated sponsor must confirm on the Certificate of Sponsorship that they will, if it is necessary, maintain and accommodate the applicant up to the end of the first month of their employment for an amount of at least £1,270.

CRV 6.3. If CRV 6.2.(a) applies, the applicant must show that they have held the required level of funds for a 28-day period and as specified in Appendix Finance.

Parental consent requirement for a Creative Worker

1. CRV 7.1. If the applicant is aged under 18 on the date of application, they must have written consent from:
   1. (a) both parents; or
   2. (b) one parent, if that parent has sole legal responsibility for the applicant; or
   3. (c) the applicant’s legal guardian.
2. CRV 7.2. The written consent must confirm support for all of the following:
   1. (a) the application; and
   2. (b) the applicant’s living and care arrangements in the UK; and
   3. (c) if the application is for entry clearance, the applicant’s travel to, and reception arrangements in, the UK.

CRV 8.1. If the decision maker is satisfied that all the suitability and eligibility requirements for the Creative Worker route are met, the application will be granted, otherwise the application will be refused.

CRV 8.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review.

Period and conditions of grant for a Creative Worker

1. CRV 9.1. If the application is for entry clearance, the applicant will be granted whichever is the shorter of:
   1. (a) a period starting 14 days before the first engagement and ending 14 days after the final engagement, if the applicant has consecutive engagements; or
   2. (b) the period of the job on the Certificate of Sponsorship plus 14 days before and after, if the applicant does not have consecutive engagements; or
   3. (c) 12 months.
2. CRV 9.2. If the application is for permission to enter, in accordance with CRV 3.2, the applicant will be granted permission to enter for whichever is the shorter of:
   1. (a) a period starting up to 14 days before the first engagement and ending 14 days after the final engagement, if the applicant has consecutive engagements; or
   2. (b) the period of the job on the Certificate of Sponsorship plus up to 14 days before and 14 days after, if the applicant does not have consecutive engagements; or
   3. (c) 3 months.
3. CRV 9.3. Unless CRV 9.4. applies, if the application is for permission to stay, the applicant will be granted whichever is the shorter of:
   1. (a) a period ending 14 days after the final engagement, if the applicant has consecutive engagements; or
   2. (b) the period of the job on the Certificate of Sponsorship plus 14 days, if the applicant does not have consecutive engagements; or
   3. (c) the difference between the period the applicant has already spent in the UK as a Creative Worker and 12 months.
4. CRV 9.4. If the applicant is applying for permission to stay and the sponsor is the same sponsor as in the application which led to the applicant’s last grant of permission, the applicant will be granted whichever is the shorter of:
   1. (a) a period ending 14 days after the final engagement, if the applicant has consecutive engagements; or
   2. (b) the period of the job on the Certificate of Sponsorship plus 14 days, if the applicant does not have consecutive engagements; or
   3. (c) 12 months; or
   4. (d) the difference between the period the applicant has already spent in the UK as a Creative Worker and 24 months.
5. CRV 9.5. The grant will be subject to all the following conditions:
   1. (a) no access to public funds; and
   2. (b) work is permitted only in the role(s) the applicant is being sponsored for; and
   3. (c) supplementary employment is permitted; and
   4. (d) study is permitted, subject to the ATAS condition in Appendix ATAS.
   5. (e) DELETED.

Validity requirements for a dependent partner or dependent child of a Creative Worker

CRV 10.1. A person applying for entry clearance or permission to stay as a dependent partner or dependent child of a Creative Worker must apply online on the gov.uk website on the specified form as follows:

1. CRV 10.2. An application for entry clearance or permission to stay as a partner or child of a Creative Worker must meet all the following requirements:
   1. (a) any fee and Immigration Health Charge must have been paid; and
   2. (b) the applicant must have provided any required biometrics; and
   3. (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
   4. (d) the applicant must be applying as a partner or child of person who:
      1. (i) has made a valid application for entry clearance or permission to stay on the Creative Worker route that has not been decided; or
      2. (ii) has entry clearance or permission to stay on the Creative Worker route.

CRV 10.3. An applicant applying as a dependent partner must be aged 18 or over on the date of application.

1. CRV 10.4. An applicant who is applying for permission to stay as a dependent partner or dependent child of a Creative Worker must be in the UK on the date of application and must not have, or have last been granted, permission:
   1. (a) as a Visitor; or
   2. (b) as a Short-term student; or
   3. (c) as a Parent of a Child Student; or
   4. (d) as a Seasonal Worker; or
   5. (e) as a Domestic Worker in a Private Household; or
   6. (f) outside the Immigration Rules.

CRV 10.5. An application which does not meet all the validity requirements for a dependent partner or dependent child of a Creative Worker is invalid and may be rejected and not considered.

Suitability requirements for a dependent partner or dependent child of a Creative Worker

CRV 11.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

1. CRV 11.2. If applying for permission to stay the applicant must not be:
   1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
   2. (b) on immigration bail.

Eligibility requirements for a dependent partner or dependent child of a Creative Worker

Entry requirement for a dependent partner or dependent child of a Creative Worker

CRV 12.1. A person seeking to come to the UK as a dependent partner or dependent child of a Creative Worker must apply for and obtain entry clearance as a dependent partner or dependent child of a Creative Worker before they arrive in the UK, unless CRV 12.2. applies.

1. CRV 12.2. A person arriving in the UK and seeking entry as a dependent partner or dependent child of a Creative Worker who does not have a valid entry clearance may be granted permission to enter if the following requirements are met:
   1. (a) the applicant is not a visa national; and
   2. (b) the applicant is seeking entry at the same time as the person they are a dependant of, and who meets the requirements at CRV 3.2.; and
   3. (c) the applicant meets the requirements to be granted permission as a dependent partner or dependent child of a Creative Worker.

CRV 12.3. A person applying for entry clearance as a dependent partner or dependent child of a Creative Worker must, if paragraph A39 and Appendix T of these rules apply, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.

Relationship requirement for a dependent partner of a Creative Worker

1. CRV 13.1. The applicant must be the partner of a person (P) where one of the following applies:
   1. (a) P has permission on the Creative Worker route; or
   2. (b) P is, at the same time, applying for (and is granted) entry clearance or permission on the Creative Worker route.
2. CRV 13.2. If the applicant and their Creative Worker partner are not married or in a civil partnership, all of the following requirements must be met:
   1. (a) they must have been living together in a relationship similar to marriage or civil partnership for at least two years before the date of application; and
   2. (b) any previous relationship of the applicant or their Creative Worker partner with another person must have permanently broken down; and
   3. (c) the applicant and their Creative Worker partner must not be so closely related that they would not be allowed to marry or form a civil partnership in the UK.

CRV 13.3. The relationship between the applicant and their Creative Worker partner must be genuine and subsisting.

CRV 13.4. The applicant and their Creative Worker partner must intend to live together throughout the applicant’s stay in the UK.

Relationship requirement for a dependent child of a Creative Worker

1. CRV 14.1. The applicant must be the child of a parent (P) where one of the following applies:
   1. (a) P has permission on the Creative Worker route; or
   2. (b) P is, at the same time, applying for (and is granted) entry clearance or permission on the Creative Worker route.
2. CRV 14.2. The applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a Visitor) unless:
   1. (a) the parent applying for or with entry clearance or permission as a Creative Worker is the sole surviving parent; or
   2. (b) the parent applying for or with entry clearance or permission as a Creative Worker has sole responsibility for the child’s upbringing; or
   3. (c) the parent who does not have permission as a Creative Worker –
      1. (i) is a British citizen or a person who has a right to enter or stay in the UK without restriction; and
      2. (ii) is or will be ordinarily resident in the UK; or
   4. (d) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission with the parent who is applying for or has entry clearance or permission on the Creative Worker route.

CRV 14.3. If the applicant is a child born in the UK to a Creative Worker or their partner, the applicant must provide a full UK birth certificate showing the names of both parents.

Care requirement for a dependent child of a Creative Worker

CRV 15.1. If the applicant is aged under 18 on the date of application, there must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK legislation and regulations.

Age requirement for a dependent child of a Creative Worker

CRV 16.1. The applicant must be under the age of 18 on the date of application, unless they were last granted permission as the dependent child of their parent or parents. CRV 16.2. If the applicant is aged 16 or over on the date of application, they must not be leading an independent life.

Financial requirement for a dependent partner or dependent child of a Creative Worker

CRV 17.1. If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application, they will meet the financial requirement and do not need to show funds.

1. CRV 17.2. If the applicant is applying for entry clearance or permission to enter, or has been in the UK for less than 12 months on the date of application, either:
   1. (a) funds of at least the amount required in CRV 17.3. must be held collectively by one or more of the following:
      1. (i) the applicant; and
      2. (ii) the Creative Worker (P); and
      3. (iii) if the applicant is applying as a dependent child, their parent who is lawfully present in the UK or being granted entry clearance, or permission, at the same time; or
   2. (b) the Creative Worker’s A-rated sponsor must certify that they will, if necessary, maintain and accommodate the dependent partner and/or any dependent child as well as the Creative Worker, up to the end of the first month of each of their grants of permission, to at least the amounts required in CRV 17.3.
2. CRV 17.3. The funds required are:
   1. (a) £285 for a partner in the UK, or applying for entry clearance or permission to enter; and
   2. (b) £315 for the first dependent child in the UK, or applying for entry clearance or permission to enter; and
   3. (c) £200 for any other dependent child in the UK, or applying for entry clearance or permission to enter.

CRV 17.4. If CRV 17.2.(a) applies, the funds held for the applicant must be held in addition to any funds required for the Creative Worker to meet the financial requirement and any other dependants in the UK or applying at the same time.

CRV 17.5. If CRV 17.2.(a) applies, the funds must have been held for a 28-day period and as specified in Appendix Finance.

Decision on an application for a dependent partner or dependent child of a Creative Worker

CRV 18.1. If the decision maker is satisfied that all the suitability and eligibility requirements for a dependent partner or dependent child of a Creative Worker are met, the application will be granted, otherwise the application will be refused.

CRV 18.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review.

Period and conditions of grant for a dependent partner or dependent child of a Creative Worker

CRV 19.1. A partner will be granted permission which ends on the same date as their partner’s permission as a Creative Worker.

CRV 19.2. A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first.

1. CRV 19.3. The grant will be subject to all the following conditions:
   1. (a) no access to public funds; and
   2. (b) work (including self-employment and voluntary work) is permitted, except as a professional sportsperson (including as a sports coach); and
   3. (c) study is permitted, subject to the ATAS condition in Appendix ATAS if the applicant is over the age of 18.
   4. (d) DELETED.                                                                                                                                                                                                                                                                                                                                                                                                          Source: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-t5-temporary-worker-creative-or-sporting-worker