Guidance

Entertainer visitor: VAT18

Published 10 December 2013

This guidance was withdrawn on 24 April 2015

This document is no longer current.

1. VAT18.1 What type of people qualify?

Those coming to the UK for a short time without a work permit to take part in certain major arts festivals, music competitions and charity events. The intention is to enable entertainers and their entourage coming to the UK for one of these purposes to do so outside the points-based system. Entertainers coming here to work will need to qualify to do so under either Tier 2 or Tier 5.

Entertainer visitors include:

• professional entertainers coming to take part in music competitions;
• internationally famous people coming to the UK to take part in broadcasts or public appearances, provided they are not being paid;
• Those undertaking an audition provided this is not performed in front of an audience (either paying or non-paying);
• amateur entertainers seeking entry as an individual performer for a specific engagement;
• amateur entertainers seeking entry as part of a group, such as a choir or youth orchestra coming for a specific engagement;
• professional entertainers taking part in a charity concert or show where the organisers are not making a profit and no fee is to be paid to the entertainer;
• amateur or professional entertainers taking part in a cultural event sponsored by a government or recognised international organisation, or a major arts festival included in the list at VAT18.10;
• members of the technical or support staff of amateurs or professionals, who are attending for the same event - examples of such staff include dieticians, bodyguards and press officers;
• officials attending the same event as the entertainer - examples include choreographers, stage managers and designers.
• The government intends to review the arrangements and criteria for festivals and cultural events that do not require participants to qualify to come to the UK under the PBS. Further guidance will be published before the expiry of the current list of permit-free festivals.

2. VAT18.2 Definition of amateur

In the Immigration Rules an ‘amateur’ is defined, for the purpose of distinguishing him from a professional who is paid a salary for participation in a creative activity, as a person who engages in a creative activity solely for personal enjoyment and who is not intending to derive a living, either wholly or in part, from it. For practical purposes both amateur and professional entertainers may enter as entertainer visitors in the circumstances set out above. Amateurs may not receive fees and sponsorship but may receive cash prizes as well as board, lodging and living expenses.

3. VAT18.3 Dependants

Dependants of entertainer visitors should be treated as visitors under paragraph 41–46 and granted leave to enter for 6 months, code 3.

4. VAT18.4 Is entry clearance mandatory?

Entry clearance is mandatory for visa nationals.

5. VAT18.5 What is the maximum stay in the UK for Entertainer Visitor?

An entertainer visitor can stay in the UK for a maximum of six months.

6. VAT18.6 Entry clearance endorsement

Entry clearance should be endorsed as follows: C: Visit - Entertainer. LTE 6 months. Code 3.

7. VAT18.7 Switching

Entertainer visitors may undertake ‘permissible activities’ of business visitors.

Switching to a purpose covered in the points-based system after entry to the UK as an entertainer visitor is not generally permissible. However, a person who holds a Certificate of Sponsorship for Tier 5 - Creative and Sporting issued before they come to the UK may undertake this prearranged work without leaving the UK.

8. VAT18.8 Examples of refusal wordings

See ‘Entry Clearance Guidance: Wording for refusals’, Sections 1-5 can be downloaded from this guidance page.

9. VAT18.9 Do entertainer visitors have full rights of appeal?

No. Entertainer visitors only have limited appeal rights in line with general visitors.

10. VAT18.10 List of recognised festivals for which entry under points-based system is not required

This festival list is updated on an annual basis and the current list is valid for the period from 1 May 2012 until 30 April 2013. You can find the current list in Appendix R of the Immigration Rules.

The government intends to review the arrangements and criteria for festivals and cultural events that do not require participants to qualify to come to the UK under the points-based system.

11. VAT18.11 Dual purpose visits

Following the introduction of the points-based system (PBS) in November 2008, performers coming to the UK to appear at a festival or festivals included on the UK Border Agency Permit Free Festival List who also intend to undertake employment under the Tier 5 (Temporary Workers - Creative and Sporting) sub-category of the PBS will require a Certificate of Sponsorship (COS) from a licensed sponsor, and will need to have this COS issued to them before seeking entry to the UK.

There are several options for performers coming to the UK in these circumstances:

• If the Tier 5 sponsor for the employment covered by the COS is willing to extend the COS to cover the period(s) the performer will be appearing at Permit Free Festival(s), leave to enter may be granted on entry to non visa nationals who are coming for three months or less.
• If the performer is expecting to stay in the UK for longer than three months he will need to obtain prior entry clearance regardless of whether he is a non-visa national or not. As now, all visa nationals would need prior entry clearance to cover the whole period regardless of the duration of their stay.
• If the Tier 5 sponsor does not wish to do this and the Permit Free Festival(s) is first, the performer may enter the UK as an entertainer visitor, undertake the Permit Free Festival appearance(s) and then apply to the UK Border Agency to switch to Tier 5 of PBS. The performer will then need to submit an application to vary his leave, paying the appropriate fee, (using the COS issued by his Tier 5 sponsor before the performer’s arrival in the UK). Provided the performer meets the requirements of Tier 5, he will be granted leave to remain for the duration of the period specified by the sponsor when the COS was issued, plus 14 days (up to a maximum of 12 months). If the performer intends to then do further Permit Free Festival appearances during the period for which he has been granted leave to remain under Tier 5, he may do these appearances as supplementary employment.
• Alternatively, the performer can enter the UK under Tier 5, having first obtained entry clearance, if necessary. He will be granted leave to enter for 14 days before the beginning of his Tier 5 employment, and 14 days after the end period of engagement, up to a maximum of 12 months, and may undertake festival appearances as supplementary employment during his period of Tier 5 leave.
• There is no switching from visitor categories to the points-based system except in the circumstances described above, if the festival appearances are to take place beyond the period for which the performer has been granted leave to remain under Tier 5, the performer would need to leave the UK and seek entry as an entertainer visitor to return to undertake further festival work.

Whatever route performers opt to take, they will need to have evidence of both types of work to show the Entry Clearance Officer / Immigration Officer.