Fashion designers have been able to apply for a UK visa since 2018, initially under the Tier 1 (Exceptional Talent) route, which is now known as the Global Talent route. In this article associate solicitor Nick Gore takes an in depth look at the requirements to be met for endorsement under the ‘Exceptional Promise’ criteria.
The Global Talent route
The Global Talent route is for those who are highly skilled in the fields of technology, science, humanities, architecture, the arts and film and television.
As part of the Global Talent visa application process, applicants must receive an endorsement from the relevant Endorsing Body in their field confirming that they meet the Exceptional Promise (for potential leaders in their relevant field) or Exceptional Talent (for recognised leaders in their relevant field) criteria, unless they have won an eligible Prestigious Prize.
The relevant Endorsing Body for fashion designers is the Arts Council. The British Fashion Council make fashion-related assessments on behalf of the Arts Council.
In general, meeting the Exceptional Promise criteria is easier than meeting the Exceptional Talent criteria. The Arts Council’s supporting guidance sets out that Exceptional Promise is for those who ‘have the potential to become leading practitioners or recognised experts in their field.’
Those who have received an endorsement can go on to make an immigration application. If approved they can be granted leave in the UK for up to five years and four months.
The mandatory criteria and evidence
The requirements of the Global Talent route are slightly easier than the previous Tier 1 (Exceptional Talent) route.
In order to qualify for an endorsement as a fashion designer, an applicant must have a leading design role in the fashion business and show regular professional engagement in the fashion industry in the last five years. Applicants must also demonstrate that they:
- are professionally engaged in producing work of outstanding quality which has been sold or exhibited internationally, either through catwalk presentations or other exhibitions (if applying under Exceptional Talent criteria) or which have had recognition with leading industry players (if applying under Exceptional Promise criteria); and
- have a substantial track record in more than one country (if applying under Exceptional Talent criteria) or a developing track record in one or more countries (if applying under Exceptional Promise criteria).
In order to demonstrate they have met the mandatory criteria, applicant’s applying under the Exceptional Promise criteria must provide evidence of at least two of the following:
- At least two examples of recent UK or international media recognition, online or in print such as features, articles and reviews from national publications or broadcasting companies or on social media of the applicant’s collections in one or more countries including their country of residence.
- Proof of having received support and sponsorship through specific support schemes in the field of fashion.
- Evidence of one or more orders placed by UK or international luxury retailers and boutiques.
- Recognition by leading industry players such as internationally renowned fashion designers, fashion media, retailers, brands, Graduate Fashion Week – of an exceptional graduating collection.
Professional engagement
In many of the other fields, the relevant Endorsing Body specifies that graduates are often not eligible for an endorsement under Exceptional Promise.
However, fashion designers who are attending or who have recently finished university should be encouraged by the phrase ‘Graduate Fashion Week’. This indicates that they can use their university experience within their application and may be eligible for an Exceptional Promise endorsement.
But if university students and graduates can apply, how can they meet the requirement of being ‘professionally engaged’ when international students are not allowed to undertake ‘business activities’ or be self-employed?
Under the previous Tier 1 (Exceptional Talent) route, the Arts Council confirmed that:
…by professionally engaged we and the British Fashion Council mean that for Talent; proof of international distribution and sales (within the last five years) through internationally renowned retailers and boutiques, or through applicant’s own physical retail outlets or their ecommerce platform.
Then for Promise; evidence of recognition by leading industry players (within the last five years) – for example internationally renowned fashion designers, fashion media, retailers, brands, Graduate Fashion Week – of an exceptional graduating collection.
So, ideally they would need to show evidence as in sales but in Promise there is the part about an ‘exceptional graduating collection’. You would need to evidence that though – not just show that you have a graduate show but evidence that it was considered exceptional.’
Therefore, the mandatory criteria can be met by providing evidence of ‘recognition by leading industry players’.
Evidence to provide
Media recognition
Applicants often rely on media recognition, and it is often the easiest requirement to demonstrate.
Event listings or advertisements should not be used to meet this requirement and any evidence relied on must be from an independent source. Applicants can rely on evidence from social media to meet this requirement, providing the articles are by ‘prominent bloggers or key opinion leaders’.
The media recognition should be about the applicant’s collections, rather than the applicant themselves. If the applicant has given an interview talking about their background and achievements, ideally there would be some discussion on their design work for this to be counted as media recognition.
Support and sponsorship
The specific support and sponsorship schemes applicable include the British Fashion Council’s support
Schemes, the Fashion East support scheme, the Sarabande Foundation, support by Centre for Fashion Enterprise or similar support from an international counterpart to the British Fashion Council.
Evidence should be provided of the particular scheme including the name and details of the scheme, the dates the support or sponsorship was received and the organisation that awarded it. This may be in the form of a letter of support or any agreements previously received.
Evidence of orders placed
Applicants often rely on evidence of orders placed as a relatively straightforward attribute to meet.
Ideally, evidence should be provided of the current number of outlets or stockists of the business’s products, the top five stockists, when the sales were made and if required a breakdown of sales. This may be in the form of a letter or a number of invoices.
Recognition of ‘leading industry players’
Applicants should consider which industry players to choose and provide some evidence as to how they can be regarded as such, such as links to their profiles.
If the industry player is providing a letter to evidence that they know the applicant and their work, it should be separate from the three letters of support that are required to be on behalf of an organisation.
Awards
Although evidence of winning or being nominated for awards is only included as applicable evidence of the Exceptional Talent criteria, it can be a great way of demonstrating how an Exceptional Promise applicant meets the mandatory criteria.
For instance, being nominated for an award that was reviewed by experts and included a catwalk show may demonstrate both of the mandatory criteria. Of course, evidence of the awarding process, the number of entries and confirmation of who the judges were should also be provided.
In many cases leading industry players have come to recognise applicants because of their roles in competitions. If possible, this should be linked in the evidence they provide, as the Arts Council have also confirmed:
Graduating collection is only used as an example of something which could provide evidence of recognition by leading industry players – and in the case of a graduating collection, as this is part of your applicant’s study, this isn’t enough on its own and needs additional evidence of being exceptional to meet the criteria.
So when the British Fashion Council conduct their independent assessment of the evidence, they would not be looking at whether the work could be classed as a graduating collection, but whether the evidence provided appropriately and adequately demonstrates recognition by leading industry players.
The Global Talent visa: How our immigration solicitors can help
Applicants must also provide three letters of support from recognised experts that must meet certain criteria. We are experienced in preparing Global Talent endorsement and immigration applications for individuals spanning a range of industries and sectors, including fashion, digital technology and science.
If you need further information about the Global Talent route, please contact us or complete our enquiry form below.
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This article was originally posted on 04 August 2020 and has been updated to reflect changes in policy.
