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Solicitor Cho's Blog

The Law in Motion

 
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.

 

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

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!