Latest Update from the Scottish Government

July 2009

The Scottish Government is keen to do whatever we can to support visitors from outside the European Union to come to Scotland and to ensure that they have a positive experience. With this role in mind, we want to take the opportunity to provide valuable information about immigration rules surrounding those planning to undertake temporary paid or unpaid work including performers, and this is particularly important in light of Homecoming Scotland 2009 and the upcoming Festivals taking place across the country over the summer.

We want to ensure that our visitors are able to gain all the information they need about applying for the correct visa prior to their trip and avoid unnecessary immigration difficulties.

There are several factors that will determine what requirements individuals might have in order to enter the UK including their nationality; which country they are travelling from; and the purpose of their stay. Therefore, it is important that individuals, and organisations sponsoring individuals, seek appropriate advice about immigration requirements prior to their trip.

Most UK visa applications for temporary workers (both paid and unpaid) come under Tier 5 of the UK Points Based System. There are several categories of temporary workers as detailed below:

• Creative and sporting - for people coming to the United Kingdom to work or perform as sportspeople, entertainers or creative artists for up to 12 months;

• Charity worker - for people coming to the United Kingdom to do voluntary, unpaid work for a charity;

• Religious worker – for people coming to the United Kingdom to work as religious workers.  Duties may include preaching, pastoral and non-pastoral work;

• Government authorised exchange – for people coming to the United Kingdom through approved schemes that aim to share knowledge, experience and best practice;

• International agreement – for people coming to the United Kingdom under contract to provide a service that is covered under international law.

Whilst each category may have slightly different requirements, which will also depend on the circumstances of the individual, generally individuals must be sponsored by an employer and fulfil certain requirements. In turn, in order for employers to sponsor an individual they must also have a Sponsorship Licence which allows them to bring migrants into the UK under Tier 5 Temporary Workers category.

The UK Border Agency, part of the UK Government, is responsible for the administration of the immigration system and there is a wealth of sources of information available to help ensure that the correct procedures are followed and that our visitors do not experience any undue difficulties. I have included details of some key resources below:

Useful Sources of Information

• www.ukba.homeoffice.gov.uk – this site provides definitive information about the immigration system. There is also information about visitor categories (e.g. general visitors, tourists, business visitors) outwith the Points Based System. Any queries on these categories can be directed to UKBA using the contact details below.

• www.ukvisas.gov.uk is the official UK Government website for visa services and provides links for people to apply online.

• www.scotlandistheplace.com is a site dedicated to all the information that an individual would require to come to Scotland to live, work or visit. It includes a toolkit for employers and is managed by the Relocation Advisory which is a dedicated team with expertise in many different areas including immigration and business development. They are based in Glasgow city centre and you can also contact them and get a face-to-face appointment with a member of the team.

The Relocation Advisory Service contact details are:

• e-mail: info@scotlandistheplace.com
• Tel: 0845 602 0297 (from UK); + 44 (0) 141 248 2808 (from overseas)

The UK Border Agency can be contacted by;
o Email: SCOTSAM@homeoffice.gsi.gov.uk
o Tel: 0141 5551462 (from UK); +44 (0) 141 5551462 (from overseas)

We are keen to ensure that as many people as possible are aware of the current requirements so please feel free to forward this onto any organisations or individuals you think may benefit from this information. This letter has been developed in partnership with the UK Border Agency.