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Solicitor Cho's Blog

The Law in Motion

 
Posts tagged Artist Visa
Tier 1 Exceptional Talent: Arts Council Stats 2018

So, it's that time of the year again. 

The latest stats on how many applied and were un/successful are in. This time I have obtained the nationality breakdown as well as the art field breakdown which should hopefully give you a better understanding of how the 'Artist Visa' has grown in popularity in the recent years (and why the additional 1,000 allocation  - albeit available for all 5 Designated Competent Bodies, not just to the Arts Council - could actually be useful for artists). These stats take us only up to April 2018. Of course, future stats from April 2018 onwards will be requested and shared with you in due course 

First, how many have applied and how many were successful: 

As we saw last year, there was a sudden surge of applicants under this route in 2016. It may be that this route was a bit more widely promoted by the likes of moi (*smug hair-flick*) or is a coincidence. Whatever is the case, I find that a lot more …

As we saw last year, there was a sudden surge of applicants under this route in 2016. It may be that this route was a bit more widely promoted by the likes of moi (*smug hair-flick*) or is a coincidence. Whatever is the case, I find that a lot more people are now aware of this route than ever before. This is the reason for the slightly lower success rate in percentage (%) but if you look at the sheer number of applicants who apply and eventually succeed, you can be sure that more people are applying and are succeeding than before. 

 

Second, from which countries do the applicants come from? 

So, Americans form the majority of applicants, circling above 30s-40s. 2017 appears to have been somewhat of a climax in all aspects of the stats under this route in that we saw double the no. of American applying that year and this probably account…

So, Americans form the majority of applicants, circling above 30s-40s. 2017 appears to have been somewhat of a climax in all aspects of the stats under this route in that we saw double the no. of American applying that year and this probably accounted for the increase in the number of applicants across all art disciplines as well. 

Most English-speaking and Commonwealth countries (Australia, Canada, NZ) appear to produce the next highest average number of applicants between 11 - 25 across the four years (2015 - 2018), with Asian countries trailing a bit behind these. 

Of the Asian countries, South Korea appears to be in the lead though, having produced an average of just under 10 applicants each year between 2015 - 2018 while Japan has produced just under half of that number. 

N.B. I haven't included the figures for dual-nationals here though. But they form a very small number in any case. 

 

Third, in which art disciplines were the applications received?

Art fields 1.jpeg
So, of those who applied in each year, we can see that Music still makes up the majority of applicants. 

So, of those who applied in each year, we can see that Music still makes up the majority of applicants. 

Art fields 3.jpeg

Finally, some news regarding which area of arts will be covered.

You might have already seen from my recent post "Tier 1 Exceptional Talent Update: Here come the Fashion!" that the previously excluded discipline of Fashion Design is now included and Fashion Designers of world-leading talent may be assessed for a visa by British Fashion Council (which sits under Arts Council England for the purpose of Tier 1 endorsement). 

I have not seen many but there is another category called 'combined arts' - lovely and vague. Arts Council's own guide on its website appears to define it as follows 'Festivals and carnival arts describe a range of activities that come under our combined arts discipline’ which includes music, dance, visual and live performance arts, theatre, literature and other combined arts. My question to them was to clarify whether 'combined arts' as an art discipline is only assessed in the context of a festival/ carnival, or whether can the same Tier 1 criteria be used to assess an individual artist who may engage in as many arts areas (e.g. literature & Dance, jewellery design & illustrations) as well?

Here is their answer:

"Combined Arts covers many areas of artistic practise:
 
Traditionally, Combined Arts does refer to festivals, carnivals,
multi disciplinary events, large outdoor events, parades etc  
 
If a Tier 1 applicant is involved in delivering/has worked within any of the above areas they would be considered as a Combined Arts practitioner. However, a Tier 1 applicant who worked within a number of areas of artistic practise, such as literature, theatre and music could be considered as a Combined Arts (multi disciplinary) practitioner but we would expect that they plan to gain entry to the UK to work specifically and equally in each of these areas. 
 
Ideally, applicants who work in various single areas of artistic practise should identify their main specialism that they wish to work within in the UK, rather than Combined Arts however, when we receive an application we can liaise with the applicant via UKVI to determine the most appropriate artform to select for applicants if we are unsure." 

Now, this last sentence (in bold) of their response is pretty significant I think. It sounds as though the Arts Council will discuss and if necessary allocate an appropriate art-area for an application where the relevant art area is not so clear cut! 

That's all folks! Until next year! 

If you want to test out your credential and have a got at applying for a Tier 1 endorsement, feel free to contact me for consultation. 

Tier 1 Exceptional Talent Update: Here come the Fashion!

The long wait is finally over for you fashion bods. The most recent of the regular Home Office statement of changes to the Immigration Rules, announced from today JUNE 2018 (HC 1154) brings the welcome news. 

Those of you who are following my blog here on Tier 1 Exceptional Talent, you might remember my post from last year (March 2017, Tier 1 Artist Visa - Is my art covered?) which lists the areas of art that the Arts Council England is prepared to assess for the purpose of UKVI's Tier 1 Exceptional Talent Endorsement. The message from the Arts Council to date (including the most recent response I received from them at the end of May 2018) has been that most areas of fashion design are expressly NOT INCLUDED to be assessed. This has turned away many a saddened - but incredibly talented - fashion designers from attempting Tier 1 Exceptional Talent while their visual arts peers triumphed. BUT NO MORE! THE OPPORTUNITY for fashion designers is NOW WIDE OPEN folks!

Just to explain the changes, Appendix L of the Immigration Rules houses the relevant part of the rules on Tier 1 Exceptional Talent/ Promise which, following the change, should now say this: 

"5. The applicant must either: 

(a) be established (if applying under the Exceptional Talent criteria) as, or demonstrate potential (if applying under the Exceptional Promise criteria) to become, a leading artist or an internationally recognised expert within the fields of arts and culture, encompassing dance, music, theatre, combined arts, literature and visual arts (including museums and galleries), as assessed by Arts Council England; or

(b) be established as a leading artist or an internationally-recognised expert within the film, television, animation, post-production and visual effects industry, as assessed by the Producers Alliance for Cinema and Television (PACT); or

(c) be established (if applying under the Exceptional Talent criteria) as, or demonstrate potential (if applying under the Exception Promise criteria) to become, an internationally recognised expert in their field within the fashion industry through the operation of leading designer fashion businesses (encompassing relevant technical), as assessed by the British Fashion Council.”

So, this means that in terms of allocation of endorsement places, Arts Council will still be the umbrella endorsement body for both PACT and the British Fashion Council and they will hold min. 250 allocations for each year (to be used by Arts Council, PACT, and the British Fashion Council), plus a further number if Arts Council (or PACT or BFC) runs out of its allocation. (N.B. Just beware that at the time of writing, the policy guidance on Tier 1 exceptional talent v. 1/2018 and Appendix L have yet to be updated with the new changes but we should see an updated policy guidance and to the rules in the coming days).

You might guess from my overall tone, I am SUPER excited to share this with you and I would totally encourage those with a good track record of international exposure, vision, and eminent referees to start preparing your first application! Of course, I am here to help you through the preparation and the ultimate application - just get in touch. I will always be excited to hear from you! It couldn't have come at a better time to coincide with the release of the documentary, 'McQueen' I feel. Almost poetic. 

Tier 1 Artist Visa - Is my art covered?

A burning question from all applicants - Is my art covered by this visa?

The more creative and esoteric or pioneering a discipline you pursue, the more pertinent this questions will be for you. For example, considering my cultural proximity to Korea and K-Pop, I receive these questions often. I've finally received a response - of a kind - from Arts Council England this month.

As suspected, the areas of art assessed by the Council appears to be rather 'traditional' e.g. for Dance = Ballet, Music = traditional instrumentalist, but do read on and draw your own impression/ conclusion.

I've shared both my questions and their response below as they were received.

1.      Specifically please could you confirm whether the following Visual Arts disciplines are assessed by ACE for endorsement:

a.     ceramics, 

b.    drawing, 

c.     painting, 

d.    sculpture, 

e.     printmaking, 

f.      Book Arts,

g.     Textile design, 

h.       crafts, 

i.       photography, 

j.       architecture,

k.     industrial design, 

l.       graphic design, 

m.     fashion design, 

n.    interior design,

o.     decorative art,

For Visual Arts we assess a wide variety of disciplines. From the list of disciplines provided most of these (apart from industrial design, *most areas of fashion design, **some areas of graphic design, architecture and interior design) are assessed by Arts Council England.

Ceramics, Textile design and Crafts (*including some areas that could be classified as fashion design) would need to be items specifically made for exhibition and not for commercial purposes. For example – ‘The making of notionally functional or decorative crafted objects. A crafted object is one which has been made by hand, not manufactured (although it may include limited production runs using automated or semi-automated processes eg printing on textiles). It has often been made by the hand of the product's designer, and shows their skill and creativity. Crafts include traditional/heritage crafts which use skills and techniques that have been passed down from generation to generation and contemporary crafts using characterised by innovative techniques and use of materials.’

**Some areas of graphic design, architecture and interior design can be considered however, this cannot be commercial, must be specifically related to the arts and cannot include production or construction of items/buildings.

As there is not an exhaustive list of every discipline that we assess, we advise applicants in our published eligibility guidance that applicants should contact us if they require advice on what disciplines we do or do not assess.

  4. Specifically please could you confirm whether the following Music disciplines are assessed by ACE for endorsement under Tier 1 Exceptional Talent/ Promise:

a.        K-Pop (Korean Pop) music performers (singers, group members)

b.        K-pop concert designers, concert/ music video producers and directors, musicians,

c.         Contemporary music band members (heavy metal, rock, indie genre), alternatively, a list of musical genres covered by ACE

For Music we assess a wide variety of disciplines. From the list provided we could consider all of the disciplines listed. In general for music we support:

Classical, Baroque, Early Music, Chamber, Orchestral, Choral, Choirs, Vocal Ensembles, Gospel, Brass bands, Opera, Popular (pop, rock, soul, country, funk, hip-hop, r&b, urban, blues, singer-songwriters, electronic music), Jazz, Experimental, Swing, Big Band, Folk (traditional music and song indigenous to the British Isles), World Music (music primarily associated with a specific nation outside of the British Isles)

Members of bands or groups will need to apply separately and provide evidence that proves their individual promise/talent – in accordance with the eligibility criteria.

As there is not an exhaustive list of every discipline that we assess, we advise applicants in our published eligibility guidance that applicants should contact us if they require advice on what disciplines we do or do not assess.

5.     Finally, The composition of the decision-making panel at ACE.

Arts Council England are not the decision makers for Tier 1 Visas. The application and decision-making process is undertaken by the Home Office. Arts Council England's role is to provide an assessment of an application against the published criteria for Exceptional Talent/Promise – which is carried out by one of our pool of artform specialists from our teams across the country – which is then moderated and signed off by a Senior Manager who checks that guidance has been followed appropriately before returning the recommendation to the Home Office.

As usual, my thoughts on any potential applicants for endorsement is that an endorsement application is infinitely worth a try (rather than not). A refusal from this application does not prejudice any future visa application and unlike a visa application, it does not require you to surrender your passport for assessment. Ultimately the more esoteric your discipline, the stronger the case for making an application for Art Council to assess. Therefore, the only way to 'find out' your chances of success is to prepare and submit an application straight away. 

If you would like to start an assessment of your application, please contact me here.

Tier 1 Exceptional Talent - Artists

The 2017 stats from Arts Council England is in.

I've been requesting the stats from Arts Council since around 2015. A quick comparison of applicants for the 'Artist Visa' looks like this. A few comments:

  1. Bearing in mind that Arts Council England is allocated 250 endorsements each year - 125 between 6 April to 30 September, then the remaining 125 + whatever remains from the first period between 1 October - 5 April, the total annual number of applicants do not come close to the maximum endorsement of 250 allocated to Arts Council.
  2. The total number of applications, especially for Tier 1 Exceptional Promise category has increased in 2016 (from 106 in 2015 to 209 in 2016 = circa. a whopping %51 increase). This is still a lesser known category of visa but the reason for the increase could be as a result of something small like my workshop provided for the Korean Cultural Centre in London towards the end of 2016 *smugface*
  3. The figure for 2017 could be from Jan 2017 onward which may not give us the most accurate picture of the competition (see para. 1 above - 250 allocation is divided in to two chunks throughout the year, ending and starting in April and October). Nevertheless, this figure includes applications received and decided up to and including 13 April 2017, which was the date of my request to the Council. It would be fairly safe to assume that the current 2017 figures don't yet take into account any applications received from the new year of allocation which began on 6 April 2017.
  4. Despite the increase in the no. of applications, success rate still remains high.
  5. If you want to see where your application would stand, get in touch for an initial assessment/ consultation. Go to Book Consultation.  
FOI Arts Council Stats 2015.PNG

 Tier 1 Exceptional Talent/ Promise - The Artist formerly known as ...  [24 APR 2015]

Just before Christmas last year, I was approached by a very humble artist who was looking for ways to continue pursuing their art in England. This soon-to-be world renowned artist in the visual arts field wanted to apply for Tier 1 Exceptional Talent.

We started with their CV of course. Then all press clippings, awards, exhibition promotions, letters of reference from university tutors, gallery owners, art agents, buyers, critics, collectors...   I mean, to cut a long story short, the artist was properly endorsed by the Arts Council andwas later granted entry clearance for the fullest possible period of 5 years and 4 months. You could say, we have achieved the best possible case scenario under this route. The whole process took 3 months.

While wading through this less known route into the UK for those creatively skilled, I have discovered the following 'Fun Facts' which may be of interest to those of you who are likewise thinking about spreading your artistic wings in and around the world based in the UK:

  1. The Arts Council, along with the Royal Society, Royal Academy of Engineering, British Academy, and Tech City UK, were allocated 250 applications to be endorsed by them between 6 April 2015 - 5 April 2016;
  2. Not all of 250 can be allocated at once. Up to 125 can be allocated between 6 April 2015 - 30 September 2015, then the remaining unused endorsements may be used from 1 October 2015 - 5 April 2016. 
  3. The Arts Council's most recent statics on how many had applied and achieved success is from December 2013. On it, it shows that 100 applicants applied for Tier 1 Exceptional Talent, and only 37 were granted the endorsement letter (37% success). On the other hand, there were 2 applications received for Tier 1 Exceptional Promise endorsement and of these 1 was granted the endorsement (ironically, 50% success). Since these figures from December 2013 are the latest proffered by the Arts Council itself, I am not sure exactly how many more were granted but you could certainly add 1 more to the Exceptional Promise which I had obtained for my client.  
  4. Once you go through Stage 1 of the visa by obtaining your endorsement letter, you could then apply for your leave to remain or if you are outside the UK, then for entry clearance, which is the Stage 2.
  5. And here comes the BIG BONUS!!! For entry clearance, there is no specific requirement to prove maintenance OR the English Language Requirement. And of course your family members can come with you.
  6. And the benefits don't stop there. You could be granted up to 5 years and 4 months stay in total (Entry Clearance);
  7. After 5 years of residence under this visa, with up to 6 months stay outside the UK in each of the 5 years, then you could get to the Indefinite Leave to Remain.


The only other type of visa which affords as much benefits and exemptions is the Tier 1 Investor visa which also exempts its applicants from English Language Test and maintenance requirement. Despite these enormous benefits to be had, the statistics thus far tell me that far too many of the potential Exceptional Talents and Promises are perhaps being too modest about their own reputation and are holding themselves back from attempting an application under this route. (I mean, only 3 applications from Exceptional Promise so far? - Come on.)

It is nice to see that international and national renown, and their artistry is considered to be as valuable as £2 mill. or more of investment into the country.

I would quite curious to see who would be brave enough to attempt these visas and really test their artistic profile. I would totally encourage it.  

Click here for a link to the Arts Council's Endorsement Criteria. Further details relating to your particular case, feel free to contact me. After all, I did contribute to the success statistics! :D  

P.S. I have made a Freedom of Information request to the Arts Council for information on an updated application and endorsement statistics today. Will post once I hear further.