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Solicitor Cho's Blog

The Law in Motion

 
Posts in Points Based System
Global Talent ILR vs Extension

An old client contacted me, enquiring whether I could help her GT extension application.

Extension? But hasn’t it already been 5 years for you? (Meaning, why not ILR?)

Yeah, but I don’t think I have the wear withal to sit and pass the Life in the UK Test in time for my visa expiry.

What?! 😳 Are you sure? LIUK shouldn’t be that hard, especially people who have already lived and worked here. Don’t fear it. At least have a go, if you fail you can then decide to extend and of course do the text again.

Oh, do you think so? Maybe I’ve been too fearful. Maybe it’s better to try LIUK and settlement application.

🤔 🤨 🧐

At this point, I began to wonder if they knew of the cost difference between the two routes, you know, between extending even for just one year to give yourself that time to study for and sit the LIUK exam vs. forging ahead with it now, with some grit, and so apply for ILR - be done and dusted with visas.

Here’s what went through my mind:

Global Talent Extension:

  • required evidence of income earned in the endorsement field - just like an application for ILR. Same level of evidence and efforts are needed as ILR. If self employed and filed Self Assessment tax forms, would most likely need help from an accountant to confirm your UK income.

  • Sure, you could apply for an extension from outside the UK, as well as inside it. But with the application fee of - as at Jan 2024 - is £716 and the health surcharge that is currently £624 for each year of visa and js due to increase to £1,035 for each year of visa at some point in “Spring 2024”, the total fee for extending for even just one year stands currently at £1,751. And don’t forget, a year later you would either repeat the extension at similar fee or apply for ILR which is £2,885. Add £1,000 for super priority service for quicker decisions = £3,885.

  • £1,751 at extension + £3,885 at ILR = £5,636.

So, it’s simple maths at this point:

£5,626 or £3,885?

Do you see what I mean? Which would you choose?

🤔 🧐 🕵️

Graduate Visa vs. Global Talent [Korean]

If you’re a student graduating this year…

학생,

이번 졸업하나?

졸업 이후 어떤 비자로 전환할지 고민 된다면 …

이걸 보게나. 도움이 될걸세.

Global Talent vs. Graduate Visa 중 어떤걸로 진행하는 것이 좋을지 고민되는 당신, 일단 많은 재능을 가진것에 축하하고, 둘째 옵션이 있다는 것에 또 축하!

본론으로 가서,

Global Talent

장점:

  1. Endorsement 신청은 필수

  2. 물론 endorsement 자격이 되어야 함

  3. Exceptional Promise 자격으로 신청한다면 고민이 될수 있는것이 ‘early stages of career’ 시점에서 신청하는 게 맞거든. 그렇다면 졸업과 동시에 신청하는 것이 비교적 ‘early stage’ 이니까 유리하겠지. 하지만 1-2년 정도의 시간을 갖고 endorsement 자료 (곧 경력)을 준비하는 것이 필요할 경우도 있으니 바로 endorsement 가 않 되더라도 당황하지않기.

  4. Endorsement 되에 다른 자격 조건은 거의 없음. 영어 시험이나 기존의 학생 비자로 와서 공부한 코스를 졸업 해야 허거나 패스 해야 하는 등 조건이 전혀 없음.

단점:

  1. Endorsement 라는 절차의 난이도가 graduate visa 보다는 높다는거. (경험 많은) 변호사 꼭 필요함.

  2. Global Talent visa 자체는 Super Priority Service 로 (추가비용 발생) 진행하면 48시간 내에도 신청 결과를 받아 볼수 있지만, 그 전 단계인 endorsement 신청은 준비 시간 제외 하고도 6-8주 정도 걸린다는 거.

Graduate Visa

장점:

  1. 졸업만 하면 비자 신청 조건은 8할 다 갖춤

  2. 비자 신청이 바로 가능하니 역시 Priority Service route 로 진행하면 신청일로 부터 거의 바로 받아 볼 수 있음.

  3. 신청서도 간단함. 변호사 없이도 거의 혼자 할 수 있음.

단점:

  1. 꼭 졸업을 해야만 가능한 비자. 기존 학생비자로 공부한 코스를 끝내지 않거나 fail 하면 graduate visa 는 물 건너감. 신청 자격 미달.

  2. Global Talent 랑 달라서 졸업 사실 외 에도 필요한 것이 많음. Financial Requirement?

  3. 최대 2년 비자 (PhD 는 3년까지), 하지만 결과적으로 영주권으로 진행 안됨

  4. Immigration Health Surcharge 를 내야 하는데, 이 부분은 사실 Global Talent 비자랑 다를 건 없지만 그래도 단점인이유가 graduate visa 기간은 나중에 5년 영주권 기간에 포함이 안 되거든. 그럼에도 불구하고 일년에 £1,035씩 2년치를 내는 것이… 음 😑 학생들 budget 에는 부담스럽지 않을까 싶으네… (*IHS 곧 £1,035으로 인상 될 예정).

  5. 신청 시점이 조금 까다로운데, 현재 학생 비자 만료일 이전, 하지만 졸업은 한 상태 내지는 졸업 확정이된 시점에서만 신청이 가능. 지금 marking boycott 도 돌고 있는걸로 보이는데, 아주 어려운 시간이겠어. 또 아주 좁은 신청 window 이지. 정신 바짝 차려서 비자 신청서 준비 및 Global Talent 비교자문 등 받을 시간도 계획 중 확보해 놓으면 좋음.

결론

Global Talent 가 visa hierarchy 로 봤을때 훨씬 더 generous 한 조건으로 거주가 가능 하니 long term 거주를 생각 하는경우 Graduate Visa 보다는 GT 로 가는 걸 100배 추천 하는 바임. 게다가 이제 곧 Immigration Health Surcharge 도40% 이상 인상 될 예정인데, Graduate Visa 는 global talent visa 가 도저히 도저히 안되겠다 싶을때 하도록 하게.

이걸 읽고도 그래도 고민이 안 풀리거나, 조금 더 개인적으로 파고 들은 자문이 필요하다면 언제든지 환영이니 연락 주도록.

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 - 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!

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 - Engineers

My FOI request to the Royal Academy of Engineers came back at Easter.

It was a bit disappointing to see that the numbers were bunched up together between 2015 - 13 April 2017, because the Royal Academy of Engineers were allocated a finite number of endorsements each year (150 per year, split into two periods, i.e. 75 between 6 April - 30 September and 75 + whatever is left over from the first period between 1 October - 5 April). But still incredibly useful statistics nevertheless. Between some 2.5 years (2015 - April 2017), the Royal Academy would have been allocated over 300 endorsement by the UKVI but only 56 applicants (representing circa. 19% of all available endorsement) even attempted the application for endorsement. (Exceptional Talent categories tend to be fewer because of the high threshold so that's normal). Both Exp Talent and Exp Promise categories, more than a majority of the applicants succeeded (72% avrg.). Finally, there doesn't appear to be the Academy-own production of leaflets or information sheet on this visa route. They refer to the UKVI guidance only.

  

 

 

 

  1. Still too few are applying for endorsement under the category (19% of all available endorsements).
  2. Once you do apply, the success rate is fairly high (72% on average across both categories).
  3. Perhaps information on Tier 1 Exceptional Talent/ Promise is not so widely known or available. Well, fear not! Solicitor Cho shall be posting updates and further information on this throughout the year.
  4. Conclusion? It's definitely worth a try!

Incidentally, I loved the RA's politeness and speedy response. Much appreciated and it was a pleasure dealing with the Academy.