This page explains the work permit criteria for technical support staff in the film, television and video industry from July 2008. These criteria were agreed following consultation with the Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU). This criteria sheet is supplementary guidance to the published employer guidance notes and both sets of guidance should be referred to when making an application.
Advertising is not appropriate for the above senior key creative grades or for posts where continuity is required.
There are numerous publications and databases that employers can use to undertake recruitment from the resident labour force. Some examples are below, but there will be occasions when some are not always the most appropriate for the job in question. It is the responsibility of the employer to give sufficient reasons to satisfy the caseworker as to why a particular method used was the most appropriate.
Examples of where it may be appropriate to advertise long term contracts are:
Short term contracts are usually filled by agents using diary services and networks. Where this is the most appropriate method of advertising the employer will need to show evidence of how they have used this method as a genuine attempt to recruit suitably qualified resident workers. The UK Border Agency may check on the relevant industry databases to check that there are no suitably qualified resident workers. The industry databases are:
The UK Border Agency may consult with BECTU where they feel there may have been suitably qualified resident workers available on the databases.
Continuity may only be accepted as a reason to waive advertising where the post involves a creative input to the project, and is within the same piece of work and not across separate projects. For such cases where the employer has provided a compelling argument the UK Border Agency will consult with BECTU.
Applications submitted under the criteria for continuity must supply proof that the overseas national is currently, or has recently been working on the same piece of work overseas.
Applications for 1st Assistant Editor: Applications for this post would only be able to request for the advertising to be waived when the employer applies on the grounds of continuity. Evidence must be submitted to show that the 1st Assistant Editor and Editor were working together on the same project overseas - e.g. the film may be split over two locations. Applications may not be granted on the basis of continuity when the 1st Assistant Editor and Editor have worked together on past productions.
The UK Border Agency will normally approve work permits to cover the last day of filming plus five days.
Payment should be commensurate with BECTU's guidance on salary levels. The current minimum rates can be found on the BECTU website. The going rates will be significantly higher than those published on the website. The UK Border Agency may consult with BECTU over salaries.
This criteria should be used in conjunction with the sports and entertainments guidance for employers when making a work permit application.
The general criteria for work permit applications under the Sports and Entertainment criteria are available in the booklet 'Work Permits - Applying for a Sports and Entertainments - Guidance for Employers'. This guidance can be downloaded from the right side of this page or are available in paper form from the distribution centre on 0117 344 1471 between 0900 and 1700 Monday to Friday.
For more information please contact us at:
Sports and Entertainments Team
UK Border Agency
PO Box 3468
Sheffield
S3 8WA
Phone: 0114 207 5910
Fax: 0114 207 5875
Email: ents.workpermits@bia.homeoffice.gsi.gov.uk
A person who is a national of the European Economic Area (EEA) or is legally settled in the United Kingdom with permission to work here. In some cases, an employer who wishes to employ a person who is not a permanent resident must show that no resident worker could be found to take the job.
0114 207 4074
Customer Contact Centre, UK Border Agency, PO Box 3468, Sheffield, S3 8WA