Is a Sole Representative's spouse who joins the main applicant later in the UK eligible to apply for ILR?

(i.e. even if they have lived in the UK for fewer than 5 years in total? Or even if they have been outside the UK for more than 6 months in each of the 5 years?)

Yes, they are. The relevant immigration rules Part 5: Working in the UK, para.196D states the requirements for dependants of a Representative of an overseas Business ("Sole Representative"), which includes a continuous period of 5 year residence. Additionally, Home Office Staff Guidance (v.13.0 April 2016) on assessing this 'continuous period of 5 years' states that no more than 180 days of absence within each year of the whole 5 years residence is allowed. While the main applicant must meet this residence requirement of continuous 5 years, there is no such requirement for their dependants.

See screen captures below. Please note this is not intended to be legal advice for anyone but general information, available on the UKVI's website. For tailored advice, please book a consultation.

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

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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/ 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.

Time to APPLY YOURSELF! - Home Office Fees Increase from 6 April 2015 [25 MAR 2015]

For those of you who were literally 'on the fence' about settling in the UK or becoming a BC (British Citizen), put your flip-flops on and form an orderly queue please! The dilemma is over; Apply Now - The timing has never been better.

The Home Office has confirmed by publication on 23 March 2015 that their Indicative Charges for the various immigration applications for 2015-2016 will now come into effect from 6 April 2015 with the cost of ILR (Indefinite Leave to Remain, a.k.a. 'Settlement Visa') rising from £1,093 to £1,500 per person (*e.g. for Long Residence). See the full UKVI'S 'Tariff' here. There are increases in other types of applications, too, e.g. British Citizenship for adults (naturalisation) will increase form £906 to £1,005.

So - at the risk of sounding like an advert - Get clicking on that mouse if you want to save yourself a few hundred pounds!

Subject to your eligibility, get those applications in now! Anyone requiring legal representation and assistance with their application, feel free to email me marked 'Urgent'.

Warning ('the small print'): Must be able to speak English and know in some significant depth the political, cultural, geographical and natural history of England. Obviously.

Good luck.
 

Korean Embassy Service Guide: 가족관계증명서 [3 MAR 2015]

재영 한인 대사관 영사과에서도 가족관계등록사항별 증명서 등을 신속하고 저렴한 비용을 받을 수 있다고 합니다. 신청 방법과 비용에 대해서는 아래에 있는 gallery 에서 leaflet 을 참고 하시면 됩니다.

그래서 영국 비자 신청 중 spouse, children dependant 을 포함한 다른 family dependant, 그리고 private life에 근거한 비자 신청을 준비 하실때에 한국에서의 가족관계등록사항별 증명서가 필요한 경우가 많이 있습니다. 이제는 재영 하인 대사관에서 한국어 그리고 영문으로 신속히 발급받으실수 있겠습니다. 도움이 되셨으면 합니다.

조은영 변호사

문의 전화 (재영 한인 대사관): 020 7227 5500