Applying for the Tier 1 (Exceptional Talent) Visa for Architects
I know many Londoners do not always appreciate their cityscape or recognise the skilled architecture and construction that has created it. The good news is that the government recognised the importance of good architecture, both for our cities and economy.
In late 2018, the Home Office published a Statement of Changes in Immigration Rules. The statement said a new category of ‘exceptional talent’ visa would be added for architects. The change came into effect on the 10 January 2019.
The new category falls within the Tier 1 (Exceptional Talent) Immigration route. It has been widely welcomed by the Royal Institute of British Architects and top London immigration solicitors.
Why is the creation of an exceptional talent visa for architects necessary?
Without it the Royal Institute for British Architects (RIBA) was concerned Brexit would jeopardise the £4.8 billion architecture sector. The statistics reveal that, 25% of architects in the UK are international. Of those around 80 per cent are EU citizens.
RIBA's report, “Powered by People: Building a Post-Brexit Immigration System for UK Architecture”, highlighted the 40 per cent reduction in the number of EU architects registering in the UK since the UK voted for Brexit. With these figures, the introduction of the new visa was welcome news to industry leaders and the best London immigration solicitors.
How can OTS Solicitors help?
OTS Solicitors are Immigration specialists, recommended in Legal 500 for Immigration expertise.
OTS Solicitors have many years of experience with all types of Immigration applications including Tier 1 (Exceptional Talent) visas and Tier 2 (General) visas.
For more information on Tier 1 (Exceptional Talent) visas or any other aspect of personal or business immigration law please call us on 0203 959 9123 to arrange an appointment to speak to one of our experienced London immigration solicitors.
What is the Tier 1 (Exceptional Talent) visa?
top London immigration solicitors say the exceptional talent Immigration route is a visa under ‘Tier 1’ of the UK’s points-based Immigration system.
The Tier 1 (Exceptional Talent) visa is for individuals who can demonstrate ‘Exceptional Talent’ in the fields of arts, science, humanities, engineering, digital technology and now architecture.
There are currently 2,000 exceptional talent visas available each year. To qualify for a visa an applicant has to be endorsed by their designated trade body. For architects, the body is RIBA.
The visa is not just for established professionals in specialist fields. The Tier 1 (Exceptional Talent) Visa is also open to individuals who show ‘Exceptional Promise’ in one of the specialist categories.
How long does a Tier 1 (Exceptional Talent) visa last?
top London immigration solicitors advise that the holders of Tier 1 (Exceptional Talent) visas can stay in the UK for a maximum of 5 years if they apply from within the UK or 5 years and 4 months if they apply from outside the UK.
The visa can be extended for a further 5 years.
After 3 years on the Tier 1 (Exceptional Talent) visa, an applicant can currently apply for Indefinite Leave to Remain. After 5 years on the Exceptional Promise visa, an applicant can apply for Indefinite Leave to Remain.
Is it easier for an architect to apply for a Tier 2 (General) Visa?
A UK employer could sponsor a skilled non-EEA worker, such as an architect, under the Tier 2 (General) Visa Immigration route but this involves extra financial and administrative expenses and commitments, including payment of the Immigration Skills Charge, the Tier 2 Visa application and Immigration Health Surcharge.
top London immigration solicitors advise that under the Tier 2 (General) Visa, there are limitations on the type of work that can be carried out and the salary, and other aspects of the Employment. The employer is under a duty to keep the Home Office informed of changes to the circumstances of the employer and employee.
Under the Exceptional Talent route, the general grounds are relaxed and do not include the English language requirement or proof of maintenance funds.
The best London immigration solicitors therefore recommend that the Tier 1 (Exceptional Talent) Visa be used for architects rather than the Tier 2 (General) Visa.
What is the definition of architecture for a Tier 1 (Exceptional Talent) Visa?
The new Home Office Statement says that ‘architecture’ encompasses “design, technical and leadership skills relevant to the operation of leading architectural practices as assessed by the Royal Institute of British Architecture”.
If you have any questions about whether you fulfil the professional criteria to apply for a Tier 1 (Exceptional Talent) Visa you should take advice from the best London immigration solicitors.
Requirements for an architecture Tier 1 (Exceptional Talent) Visa
To apply for a Tier 1 (Exceptional Talent) Visa you have to be:
• Established (if applying under the Exceptional Talent criteria); or
• Can demonstrate potential (if applying under the Exceptional Promise criteria) to become an internationally recognised expert within the field of architecture; and
• A non-EEA national (these criteria will change after Brexit) or a citizen of Switzerland.
Applications will be assessed by RIBA.
The key professional requirements are:
• Be professionally engaged in producing work of outstanding quality which has been published, presented or exhibited internationally;
• Show recent and regular activity of being engaged professionally as a practitioner in the field of architecture; and
• Show a substantial record of accomplishment in more than one country (if applying under the Exceptional Talent criteria) or a developing record in one or more countries (if applying under Exceptional Promise criteria).
Can you switch visa to a Tier 1 (Exceptional Talent) Visa?
top London immigration solicitors advise that it is possible to switch to a Tier 1 (Exceptional Talent) Visa from another UK visa category, such as a Tier 2 (General) Visa or some Tier 5 categories. It may be in some applicants’ interests to swop from a Tier 2 (General) visa to a Tier 1 (Exceptional Talent) Visa.
How can OTS Solicitors help?
Do you need help with a Tier 1 (Exceptional Talent) Visa application?
OTS Solicitors are specialists in personal and business immigration. They have substantial expertise in securing Tier 1 (Exceptional Talent) visas.
The legal directory of leading UK lawyers, Legal 500, recognises the expert Immigration advice at OTS Solicitors. The firm is ranked in Legal 500 for business immigration services. In addition, OTS Solicitors have Law Society accredited solicitors status as trusted specialists in Immigration law.