What defines an ‘artist’ or ‘entertainer?’

For the purposes of this article, we bypass any mind-boggling philosophical debates of ‘what is art’ and skip straight to the bureaucratic definition. Artists are defined as amateurs or professionals participating in ‘the arts,’ including literature, performing arts, visual arts, or culinary arts. Some examples of artists include poets, photographers, cinematographers, designers, visual artists, musicians, writers, and conductors. Entertainers are defined as amateurs or professionals participating in the performing arts. Some examples of entertainers include comedians, dancers, and circus performers. Going forward, we use ‘artist’ as an all-encompassing term to refer to any amateur or professional artist or entertainer in any accepted creative field.

Who exactly is the Creative Visit Visa for?

Being a lonely, suffering artist is out of fashion, because if we have learned anything from the pandemic, it is the invaluable power of support. The Creative Visit Visa is for artists, of course, but what is an artist without their staff? Personal and technical staff can apply for the Creative Visit Visa too, as long as they are employed to assist the artist outside of the UK and plan to work on the same projects as the artist once in the UK.

Examples of staff that support artists include choreographers, light technicians, stage managers, make-up artists, body guards, or press officers. For an application to be successful though, both an artist and their staff must meet the Creative Visit Visa requirements.

What are the requirements for the Creative Visit Visa?

The requirements for a Creative Visit Visa are as follows:

• You require a visa to enter the UK.
• You plan to leave the UK at the end of your visit.
• You meet the financial requirements.
• You are a genuine visitor not attempting to live in the UK through repeated visits.
• Your travel plans include only activities allowed while on the Creative Visit Visa.

Some requirements vary depending on your specific circumstances, so it can be helpful to meet with a solicitor to receive advice for your particular situation.

Do I need a visa to enter the UK?

The Home Office provides a list of countries whose citizens require a Visit Visa to visit the UK. If you are from one of these countries, you are considered a ‘visa national’ and should apply to a Visit Visa before visiting the UK. If you are, for example, an EU, EEA, Swiss, or American citizen, you do not need a visit visa to visit the UK. However, you must still meet the requirements be able to explain the purpose of your visit and plans for financial support.

What are the financial requirements?

There is no specific income threshold to meet, but you must show you can financially support yourself while in the UK without relying on public funds or working. If you need financial assistance, it is possible for a third party to sponsor you. For a third party to sponsor you, you need to have a personal or professional relationship with them, and they should be able to show they can fund the entirety of your trip without breaking any immigration rules. The ‘entirety’ of your trip includes travel, accommodation, and any necessary costs along the way. Only funds held in a legitimate financial institution are considered.

What is a genuine visitor?

A genuine visitor is someone who plans to return home at the end of their visit, rather than overstaying or returning to the UK for consecutive visits. To determine if you are a genuine visitor, the Home Office looks at your immigration history and your personal and financial ties to your country of residence.

You want to show that you have reasons to return to your home country, such as family, friends, and work responsibilities. If you have more ties to the UK than to your country of residence, the Home Office may question your intention to return to your country of residence at the end of your visit. Providing the right supporting documents can help you convince the Home Office that you are a genuine visitor.

What supporting documents can help my Creative Visit Visa application?

You should provide supporting documents that convince the Home Office you can support yourself while in the UK and that you plan to leave at the end of your visit.

This may include:

• Your travel document.
• Your travel history showing you have always returned on time to your country of residence, and that you are not making successive trips to the UK.
• Evidence of proper accommodation in the UK and your return flight.
• Proof of income (payslips and bank statements) showing you can support yourself financially and an estimate of the trip’s total cost.
• Evidence of family ties in your country of residence (marriage or birth certificates for your spouse or children in your country of residence, for example).
• Evidence of professional ties in your country of residence (letter from your employer or invoices from your business, for example).

How to apply for a Creative Visit Visa

You can apply for a Creative Visit Visa online. Each individual planning to visit the UK must complete a separate online form and pay a separate fee. While completing the online application, you will book biometric appointment at a visa application centre. During this appointment, you provide supporting documents and have your fingerprints and picture taken.

What activities are permitted while on a Creative Visit Visa?

While in the UK on a Creative Visit Visa, an artist can:

• Give group or individual performances located in the UK.
• Compete or audition for a role.
• Participate in promotional activities or make appearances for fans and consumers.
• Participate in any number of festivals or other cultural events listed in the Permit      
• Free Festival List. As long as the events are on this list, artists can receive payment for participating.
•  Accept prize money or basic travel reimbursement.

Aside from the above, you cannot accept payment from a UK source. You are able to work for your overseas employer while in the UK, tending to tasks such as phone calls and emails. However it should be clear that your primary purpose for coming to the UK is your unpaid creative activities. Meanwhile, the artist’s staff can support and participate in the same activities as the artist. For example, for film crews, it is possible to film in the UK for a project that is produced and financed overseas.

Evidence in support and burden of proof

When gathering documents and submitting your application, remember that it is up to you to convince the Home Office case worker that you meet the requirements as a genuine visitor to the UK. As a rule of thumb, if you know something to be true (for example, that you plan to return to your home country because your job expects you back), then show it (give evidence of your job and future plans in your home country). While a case worker may want to believe that you meet the requirements, their job is to find proof in the information you provided in your application. Your application should act as a thorough argument for yourself and your plans as a visitor in the UK.