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Legal Eagle

Overseas

Q: Hiring overseas artists

I want to hire overseas artists for a variety shows. What are the conditions imposed for a foreign artist's work permit?

A: The work permit scheme is run by the overseas labour service of the Department for Education and Employment. So far as foreign entertainers are concerned, work permits will only be issued to current international performers of the highest standard who are able to make a significant contribution to entertainment in this country. However, no work permit is needed by a foreign entertainer for an engagement in the UK in the following circumstances: (i) if a national of a country in the European Union; (ii) if born in Gibraltar; (iii) if a Commonwealth citizen allowed into the UK on the basis that a grandparent was born here; (iv) if in order to participate in a charity event for which there is no fee; (v) if confined to attending an audition which does not involve a performance before a fee-paying audience; (vi) if an amateur entertainer coming into this country for one or more specific engagements; (vii) if a professional entertainer in order to participate in an international cultural event sponsored by a government or recognised international organisation and/or in another international event on an approved list (such as the Edinburgh Festival).

An application for a work permit can only be made by an employer, or other party engaging the entertainer's self-employed services, who is established in the entertainment industry, or possibly by the agent for the entertainer who can show proven experience. Usually, work permits will be issued for established entertainers only if it can be shown that their engagement will not displace or exclude 'resident workers' (EU national or persons having settled EU status), but exceptionally, as in the case of a star with an international reputation, this requirement may be waived. The skill, experience and reputation of the individual concerned is very relevant, and supporting evidence of this should be submitted, failing which a letter of verification from the ministry of culture in the entertainer's home country or an interview with his nearest British embassy or consulate may be required.

Work permits are only usually issued on a short-term basis for entertainers who have maintained an international reputation, and not so as to enable individuals to base themselves in the UK for a prolonged period in order to develop their career.

On completion of the specified engagement, the entertainer will be expected to return and perform overseas in order to maintain his international reputation, evidence of which will be required for any repeat application. Work permits will normally be issued for the period of contracted engagement up to a maximum of 12 months, and will lapse if entry into the UK does not take place within six months of the date of issue. The period covered by the permit itself will begin on date of entry into the UK. Any extension of period covered by a work permit will require a separate application, and so will any change in the employer or party engaging the entertainer's services, both of which will only be considered for the same kind of work as in the original permit. A single application can be made for a group of individuals (e.g. a variety act).

For up to 19 members in a group or if they are travelling separately, separate work permits will be issued, but for 20 or more travelling collectively, instead of separate permits a single letter of permission will be issued to the employer.

If you have not made a work permit application in the past four years, you will need to send a copy of your latest audited accounts or annual report with your application or, if neither is available, other documentary evidence of current business activity. You will also need to send a copy of the entertainer's contract of engagement, signed by both parties, and any separate venue contract. The application should be for a named individual (or group of individuals) for a specific job. Except where exempted due to star status or unique skills, you will need to demonstrate non-displacement of resident workers by evidence of advertising or use of a recruitment specialist.

The good news is that you should get an acknowledgement within five days and (usually) a decision within four weeks of receipt of application. Visitors, students and holidaymakers are not normally allowed to switch to work permit employment while remaining in the UK.

First published 1994