Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Global Innovation – Calling all Architects

11 February 2019 #Immigration #Construction #Inward Investment


From 10 January 2019 it become possible for architects to apply under a Tier 1 (Exceptional Talent) visa. Previously architects could only follow the Tier 2 route, where they would have to be sponsored by a licenced Sponsor, who would have to meet the Residence Labour Market Test (RLMT) before making an offer of employment to the migrant and prior to the migrant coming to the UK. It is highlighted that EU national architects will be able to apply under this route following Brexit.

Tier 2 (General) v Tier 1 (Exceptional Talent)

The Tier 2 (General) visa is more rigid in comparison to the Tier 1 (Exceptional Talent) route.  This is because a Sponsor needs to pass the RLMT before offering a migrant a job. The migrant is heavily dependent on its Sponsor, whereas a Tier 1 migrant is not reliant on third parties. The key differences are outlined in the table below:

 

Tier 2 (General)

Tier 1 (Exceptional Talent)

Main Requirements

  • Need a licenced Sponsor to sponsor migrant
  • Certificate of Sponsorship
  • Evidence of personal savings (Sponsor may be able to certify maintenance)
  • Knowledge of English Language

  •  Endorsement

Restrictions/Benefits

  • Can only work for Sponsor (with certain exceptions)
  • A lot of responsibility shifted to Sponsor (i.e. Sponsor duties)
  • If you want to change jobs, need to be sponsored again and must inform Home Office 

  • Can change jobs any time and no need to report to Home Office
  • Can have more than one job
  • Can be employed or self-employed

Settlement

  • If ‘Exceptional Talent’ then after 3 years or 5 years if ‘Exceptional Promise’
  •  After 5 years


The Endorsement 

Applicants must first pass an assessment from the Royal Institute of British Architects (RIBA) to prove they have established themselves as an ‘internationally recognised expert within the field of architecture’. An Applicant can either be endorsed as an Exceptional Leader (exceptional talent) or Emerging Leader (exceptional promise).

Exceptional Talent

Applicants would be required to prove that they are established in producing work which is of exceptional quality and their work has been published, presented or exhibited internationally and has won international awards for excellence in architecture.

Evidence required:

  • Significant international media recognition such as features, reviews or articles in at least one country other than the applicant’s country of residence.
  • Proof of having won or made a significant contribution to winning international awards for excellence in architecture.
  • Having produced work of exceptional quality which has been exhibited, presented or published internationally.

Exceptional Promise

Applicants would have illustrated a developing line of work of outstanding quality and may have won or been nominated for national or international awards for excellence in architecture.

Evidence required:

  • Media recognition such as features, reviews or articles in at least one country, which may be the Applicant’s country of residence.
  • Proof of having won, been shortlisted or nominated for, or having made a significant contribution to winning or being shortlisted for, international or national awards for excellence in architecture.
  • Having produced work of outstanding quality which has been exhibited, presented or published nationally or internationally.

Applicants are required to provide 10 items of evidence in support of their claim covering the above points.

Letters of endorsements

All Applicants must provide 3 letters of endorsements from well-established (either nationally or internationally) organisations or individuals and widely acknowledged as possessing expertise in architecture, detailing their achievements and the contribution they could make to cultural life in the UK.

Benefits

  • Flexibility in work as can work for an employer or be self-employed
  • Can change jobs (no requirement to report to Home Office)
  • Do voluntary work
  • Travel abroad and return to the UK
  • Bring family members to the UK

Duration

Migrants are permitted stay in the UK for a period of 5 years and 4 months if they apply outside the UK or alternatively for a period of 5 years if they apply from within the UK.

Cap

There is currently a cap of 2,000 visas under this category. 

Clarkslegal, specialist Immigration lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Immigration matter please contact Clarkslegal's immigration team by email at immigration@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

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Bhavneeta Limbachia

Bhavneeta Limbachia
Solicitor

E: blimbachia@clarkslegal.com
T: 020 7539 8019
M: 0777 581 5811

Contact

Immigration team
+44 (0)20 7539 8000