With the ever-growing content creator industry, it comes as no surprise that literature shows that 1 in 4 people in the United Kingdom are content creators.

But are there any immigration options available to those overseas wanting to come to the UK?

The UK is open for business but there seems to be a lack of consistent policy consideration from the UK government and relevant authorities for those who produce content. For example, the Competition and Markets Authority and Advertising Standards Authority have clear guidance and advice about what to be mindful of when posting content, and HM Revenue and Customs is chasing 4,300 social media influencers and online earners over tax.

However, the Home Office, which deals with UK immigration matters does not appear to have any policy relating to overseas content creators and social media “personalities” wanting to work in the UK. It may be that the Home Office considers that these jobs can be carried out overseas, without the need to physically come to the UK, or it may be that they consider that existing UK visa categories allow content creators to come and work in the UK, without the need to specifically introduce or consider a new content creator/ social media influencer visa category.

We consider some of the possible UK visa options below, which might be suitable.

Visitor visa

This is a short-term option allowing individuals to stay in the UK for up to 6 months. Some nationals must apply for and be granted this visa before they can come to the UK.

Strictly speaking, the visa conditions prevent someone from working in the UK but they can undertake certain permitted activities like attending meetings, signing contracts, and filming, which might be useful for those spending time in a “content house”, a space for creators to collaborate. However, whilst it’s not possible to get paid in the UK as a Visitor, the rules do permit getting reimbursed for some acceptable expenses.

In some instances, the activities might fall under the sub-category of “Permitted Paid Engagement” (PPE) activities, if the creator is invited to the UK. It is important to get permission to undertake PPE activities. Whilst it does limit the length of stay in the UK to 1 month, it does also mean individuals can be paid in the UK for these activities.

Creative Worker visa

This route allows those established in the creative sector in the UK to apply for a Creative Worker sponsor licence. Once this is granted, they can sponsor individuals initially for up to 1 year, with the option to extend their visa for 1 further year.

There is no minimum salary level requirement but compliance with legislation on National Minimum Wage and the Working Time Regulation is essential.

UK Expansion Worker visa

This route allows established overseas entities such as talent agencies looking to expand to the UK, to apply for a Global Business Mobility: UK Expansion Worker sponsor licence. Once granted, this then allows individuals to be sponsored initially for 1 year to assist with the expansion in the UK (subject to minimum service with the overseas entity), with the option to extend for 1 further year.

Sponsorship will likely be more suited for more senior roles due to the higher minimum skill level, and in most cases, the starting minimum salary requirement is £45,800.

Although this is a temporary “stepping-stone”, with no option to apply for indefinite leave to remain in the UK (permanent residence), the established UK entity has the option to apply for a Skilled Worker sponsor licence.

Skilled Worker visa

This allows established UK entities to apply for a Skilled Worker sponsor licence. Once authorised by the Home Office, businesses can then sponsor individuals to work for them initially for up to 5 years. There is the option to extend and/or to apply for settlement in the UK (permanent residence) after 5 years.

This visa category provides more sponsorship opportunities because there is a lower minimum skill level, and generally, a lower salary level of £26,200.

In limited circumstances, there may be the option to be self-employed under this visa category.

Innovator Founder Worker visa

This is for overseas entrepreneurs who are looking to establish and run their own business. This is not a sponsored visa category, but it does require seeking endorsement from an approved “Endorsing Body”. They will assess the original business plan against the main headers of “innovative”, “scalable” and “viable”. As such, individuals cannot be joining a business that is already trading, and the business should be different from anything else in the market. In addition, there must be potential for growth and job creation.

The initial visa is granted for 3 years, with scope to extend and/or apply for permanent residence after 3 years. The visa category permits self-employment and working for others.

Global Talent visa

This is suitable for recognised leaders and potential leaders in their field. Whilst it is not a sponsored route, endorsement is required by an approved body such as Arts Council England. A prescribed body of evidence will need to be provided to secure endorsement. Once an individual has obtained endorsement, they can apply for their initial visa which can be granted for up to 5 years, with the option to extend. In some instances, it is possible to apply indefinite leave to remain in the UK after just 3 years, and in others, after 5 years.

There is no minimum salary requirement and this visa category permits both self-employment and working for others.

Application process

The application is completed and paid for online – both the visa application fee, and the Immigration Health Surcharge (which is due to increase on 16 January 2024 at the earliest). In most cases, it will be necessary to register with the relevant Home Office third-party commercial partner to upload documents and attend a biometric enrolment appointment.

Under the standard process, the Home Office will usually issue a decision (and the visa) within 3 weeks if submitted from outside the UK, and there may be the option to pay for priority processing to speed up the decision-making process.

Conclusion

Whilst there are a number of potential UK immigration options which might be suited for gamers, content creators and social media influences, what works best will ultimately depend on the individual facts and circumstances. For example, there may be claims to British citizenship on the basis of ancestry. In addition, as content creators and social media influencers tend to be self-employed, not all the above options will necessarily be suitable and there may be a need to formulate a strategy for moving to the UK to work.

Our experienced team of immigration lawyers are on hand to navigate the range of visas available to gamers, content creators, and social media influencers who want to come to the UK and contribute to this booming sector and growing economy. We’d be happy to have a discussion with any individuals or organisations looking at immigration options.

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