The Stage

‘Absurd’ visa changes will threaten UK’s international programming, warns leading immigration lawyer

Published Tuesday 7 April 2009 at 17:05 by Lalayn Baluch

One of Britain’s leading immigration lawyers has spoken out against changes to the new points-based visa system introduced last week, warning they will discourage British producers from casting international performers and deter the foreign artists themselves from seeking work in the UK.

From this month, as part of amendments to the new visa system recommended by Home Secretary Jacqui Smith, all employers wanting to bring in foreigners under Tier 2, the category for sponsored skilled workers, will have to advertise jobs through Jobcentre Plus to prove the role cannot be fulfilled by a UK resident.

Tracy Evlogidis, head of immigration at law firm Speechly Bircham - which is ranked one of the top ten immigration practices in the Legal 500 directory - branded the recommendation as “absurd”.

She told The Stage: “You can imagine organisations having to plough through rubbish applications - it will impact on time and cost.

“You can see that a job like Kevin Spacey’s [Old Vic artistic director] would be so inappropriate to advertise at Jobcentre Plus.”

Evlogidis also said that those wanting to migrate to the UK under Tier 1, the route for highly skilled individuals without a specific job offer, will face a tougher time as they will be required to hold a masters degree and a job paying at least £20,000 annually - something artists might not be able to prove as their payments are not as regular as other professions.

Under the same plan, Smith has asked the Migration Advisory Committee to consider whether Tier 2 should be restricted to cover only those occupations that are in shortage in the UK.

Evlogidis warned that this could “severely restrict” employers from bringing in performers from oversees for a longer period - such as a long-running show - and impact their ability to transfer performers from international productions.

A UK Border Agency spokesman said: “We welcome the contribution of performers, but it is important that everyone who comes to this country plays by the same rules. Creative artists have a special category under Tier 5 by which they can come to the UK for an initial time of up to 12 months, which can in certain circumstances be extended to a total time of 24 months. They can also enter under Tier 2 general for longer periods.

“We have worked closely with the sector in setting out creative codes of practice which recognise that, in specific circumstances, advertising [at Jobcentre Plus] may not be appropriate.”

Meanwhile, the National Campaign for the Arts has led a delegation of arts industry representatives to meet immigration minister Phil Woolas, to reiterate concerns raised last month to the Home Affairs Select Committee that the new system would lead to the “gradual erosion” of the UK’s cultural life. They warned it was already deterring performers from Western Africa, India and Sri Lanka from travelling here.