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Solicitor Cho's Blog

The Law in Motion

 
Posts tagged UK Home Office
Tier 1 Exceptional Talent - Tech City

I had these stats from 2015 but didn't publish them at the time - didn't seem significant. Tech City (or Tech Nation) endorsement statistics for foreign Tech Start Ups are in. From 2015. 

N.B. I have made a new request this month and the results are expected in the next 40 days. Will be updating my post then.

As with all Tier 1 Exceptional Talent endorsements, these are lesser known and rarely explored visa routes in general. The application threshold is not necessarily high but they are specialised to the route you are taking (e.g. artists, tech start up with C Suite roles, business operation and management to IPO stage etc.).  For Tech City applicants, endorsement letters from the industry mentors is also useful so a general tip would be to get yourself, and your business, known to as many influential people as possible, and build your network. Easier said than done of course, but hey, you've come this far, set up your startup, managed to get your ideas realised into operation. You can do it!

YMS 멘토링의 밤, 제 5회 (주영 한국 대사관 주최) 2015년 6월 9일 [14 JUN 2015]

안녕하세요, YMS 여러분! 조은영 변호사 입니다.

지난 화요일 6월 9일에 멘토링의 밤 에 만나 뵙게 되어서 반가웠습니다.

약속드린데로 화요일에 발표한 내용 및 못다한 질문에 대한 답, 그리고 수정할 부분에 대해서 아래에 정리 하였으니 참고 바랍니다:

2015년 6월 9일 저녁 발표내용

YMS 전환 (Switching) 가능 비자 차트 다운로드
YMS 에서 Tier 2 (General) '전환' 방법 타임라인 다운로드

잠깐 설명을 하자면, 현재 YMS (Youth Mobility Scheme) 라는 category 는 Points Based System 중 Tier 5 의 Sub category 에 속한 비자로써 위에 chart 는 여기서 어느 종류의 비자가 가능한지 한눈에 볼수 있도록 만든 것 입니다. 맨 위 오른쪽에 있는 Tier 1 (Entrepreneur) 비자 부터 시계방향으로 돌아가면서 보시면 됩니다.

여기에서 알아두면 좋은 점:

  • * 표시가 되어 있는 것은 이 비자의 장점이나 특별히 알아두면 좋은 사항을 뜻하는 것이고,
  • 전구등 표시가 되어 있는 것은 좋은 아이디어나 역시 중요한 사항을 알려 드리는 부분입니다.
  • 마지막으로 ! 표시가 되어 있는 것은 특별히 불리하거나 매우 중요한/ 조심해야 할 사항을 알려 드리는 부분 입니다.

Tier 5 에서 Tier 2 (General) '전환' timeline chart 는 6월 9일 저녁에 발표한 내용을 좀 더 알아보기 쉽도록 고쳐 보았습니다. 결론은 YMS로 영국에 도착해서 2년이라는 비교적 자유로운 시간이 주어지지만 영국에서 장차 Tier 2 (General) 로 구직하여 정착하기 위해서는 좀더 부지런하게 장래의 취직을 위해 준비하시면 좋다는 결론 입니다. 

N.B. 위에 chart 의 비자 종류는 Points Based System 비자와 아주 간단한 Partner visa, 그리고 EEA Partner 비자를 잠깐 소개한 것 입니다. 따라서 PBS 비자 종류 외에도 Sole Representative Ancestry, Returning Residents, 등등 개인의 특별 사항에 따라서 가능한 비자들이 있다는 것을 알아 두시면 좋을 겁니다.

Tier 1 Exceptional Talent - Artists

Tier 1 - Exceptional Talent/ Promise - The Artistic Stats are In!


So I promised in my previous post about the visa, colloquially known as the Artist Visa, that I will be posting an update with some stats on the application success rates. Well, the results are in and they look something like this (see this link for downloadable version). Picture of the same is also below.



I suppose three things to note about the statistics at the outset:

  1. That these results are only up to May 2010. There are several of applications which are currently being considered which will no doubt change these figures in the very near future, not to mention my own caseload of Tier 1 Talent/ Promise in the pipeline!
  2. As mentioned in the previous post, besides the Arts Council, there are 4 other Designated Competent Bodies (DCB) who are also given their endorsement allocations. The figures posted on this blog only speaks for the Arts Council's figures. Separate FOI requests to the other bodies will certainly yield similar result (i.e. obtaining information) but one must first make the statutory request under the Freedom of Information Act 2000.
  3. The endorsement allocation years start and end from April each year, so the figures from 2015 would mean application received from 6 April 2015 and onward.

So, it seems that years 2014 - 2015 saw the most number of applicants trying for endorsement under the exceptional talent category but the figure does not even reach 100 applicants. I'm no statistician, but given the number of art schools in the UK, and the foreign student portions of it at various levels ranging from the foundation to Ph D, I should think these numbers do not even come close to 50% of the all artist student population. Shame.

As for the Exceptional Talent guys, the most number applied were 39 in year 2012-2013. But a whopping 51.3% were endorsed. 

As at 10 May 2015, there are still 8 applications to be decided for Exceptional Talent while only 3 applications were ever received and are still being considered. There seems to be a consistent trend of an increase in the number of applications being received for the Exceptional Promise category but a fairly low success rate for these. Perhaps not so surprising given the high threshold of the 'exceptionality' of these talents and the the requirement to prove establishment of both international and national presence.

As for the rest, have a look for yourselves.  I mean, the figures themselves are not remarkable, I don't think, as statistics, but at least it gives a clearer picture of how may are applying and how many are approved. 

Take note.

That's all folks!

 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.

Home Office spousal visa income requirement awaiting Court of Appeal judgment [11 JUL 2014]

Ok, so at the moment of writing this blog, at 10:15, the judgment is yet to be released, let alone made into law. Everyone (concerned with immigration law and those gnashing their teeth and forced separation from their newly married husband/ wife) will be waiting on their computer screen with bated breath!

So, I just wanted to share my excitement for this judgment to come. I for one am extremely curious about how it will unfold.


Will bring you more once judgment is released.

Fingers crossed. xx

How to complaint against mistreatment at Heathrow (well, almost) [15 May 2015]

Quite possibly the most incendiary title of the year, I admit. Above picture is a serendipitous collection of books that I have found at my parents' house not so long ago which, without even trying, represents books which have largely shaped my life.

As a Korean migrant from the 90s, I was that kid in school with thick rimmed glasses, carrying a dictionary under her arm to every class, trying to master this language which has almost become my first language. Then there is the Youth Bible,admittedly, am not a fan of this particular version but one way or another, I am heavily influenced by my Christian upbringing, and whether related or not, I am, undeniably, a Christian. Just to the left of the Bible is Saint-Exupery's magical The Little Prince which strikes a chord with my child-like senses and wonderment about life. I quite like that about myself. Let's just have a laugh at that for a moment. The little book to the left of The Little Prince called 'Sorrow Into Joy' is, I think some Christian book about dealing with bereavement. This, unfortunately, marks the time when my family lost my younger brother who left us one day in his sleep at what was thought to be an invincible age of 21 ...

Besides this heart-to-heart style of today's blog, what I really wanted to focus on is the big yellow book in the middle, rather feistily entitled '120 letters that get results' (ISBN-10: 034058520X / ISBN-13: 978-0340585207). This a wonderful (?) collection of examples of letters one could write to raise a complaint was originally picked up by my dad who was, I suppose, rather rights conscious by nature. Mostly the letters were in consumer rights context of course. But, you could say, I've really honed my skills from a young age, thanks to expose-all publications like this :) 

In my current line of work in law, from listening to my clients, it seems that some of you may have been on the receiving end of rudeness, mistreatment and bullying of a fantastical scale at the hands of the UK immigration's border force at the airports. The number of queries laced with "oh, and I want to lodge a complaint to the immigration officers at the airport" seems to me to be on the rise particularly from the end of last yer and the beginning of this year. Common complaints include bullying line of questioning, a constant scepticism of all answers offered by the migrant (one doctor from the far east was asked what he did for a living, when he explained that he was a gastroenterologist, the immigration officer simply scoffed and re-questioned 'you mean a herbal doctor?' - Incredible rudeness, and stupidity, I know), and a slightest of confusion resulting in a slip of the tongue is treated with as much scorn and contempt as if you had told them that you were on your way back from just having climbed to the top of Mt. Everest and back only in your flip flops. It's this hostile attitude, infinite and mostly groundless scepticism of the authenticity of any information provided by the migrant only fosters an environment in which the migrants could never win, and the cynicism of the UK Border Force is only coming true by their own making.

To borrow the words from the lesser known American singer called Jewel:

"I was thinking that it might do some good
If we robbed the cynics and took all their food
That way what they believe will have taken place
And we'll give it to anybody who has some faith
...

I have this theory that if we're told we're bad
Then that's the only idea we'll ever have
...

'Cause anyone can start a conflict
It's harder yet to disregard it
I'd rather see the world from another angle
We are everyday angels
Be careful with me 'cause I'd like to stay that way"


- I'm Sensitive, Jewel (1995) -

I'm far from suggesting that migrants are 'every angels' who never tell lies. At the very least, all should be afforded the basic dignity of being treated like a fellow human being, rather than an 'alien' because they happen to be from outside some man-made territory.

In reality, the fact or the result/s of a complaint may not have influence directly, if at all, on the outcome of your immigration checks at point of entry or any future applications for leave to remain, there shouldn't be anything to fear in lodging such applications either. If anything, being 'an asker' might get you something. Nothing ventured, nothing gained, right?

So, herewith, I attach the current version of the UK Border Force's complaints leaflet. The fact that the leaflet gives guidance on both complaints AND compliments seems to imply that complaints are in the same category of seriousness as a compliment I hope you could all see the content properly from these pictures. Otherwise you could also get the same information (perhaps more up to date) from the UKVI's website linked here: