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The latest on Tech Nation and the Global Talent route

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In the midst of time last year, it was announced that Tech Nation would cease operations on 31 March 2023, which we reported on here.

Tech Nation is one of several ‘endorsing bodies’ that issue endorsements to individuals who are ‘exceptionally talented’ or ‘exceptionally promising’. Tech based applicants can apply to this body and, if successful, can use the endorsement in a Global Talent visa application, one of the most flexible immigration routes available.

Uncertainty

The imminent closure of one of the endorsing bodies, and the only one available for tech-based applicants, caused huge concern in the sector. It was unclear what, if anything, would replace this as an endorsing body and what would happen to those applications which were still processing.

Tech Nation was acquired by Founders Forum Group in April 2023 and it was then confirmed that Tech Nation would continue accepting applications ‘until a new endorsing body is in place’. There was no indication of the timeframe or what, if any, transition plans would be in place.

Although applications continued to be made in 2023, there was concern that the axe could fall at any moment. The endorsement application is not itself an immigration application- the criteria are defined by Tech Nation.

When Tech Nation is replaced, new endorsement criteria may well be implemented, and individuals who meet the Tech Nation requirements may not meet the new set of requirements. Someone preparing to meet one set of criteria could find they have wasted their time if they do not meet the new set of criteria.

Some certainty

Clarity came in early 2024 when the Tech Nation website set out:

The endorsement process for this visa route is expected to remain with Tech Nation as the endorsing body until the end of 2024, whilst the Home Office considers the option of identifying a new endorsing body or remaining with Tech Nation.

Decisions on applications seem to be made to the same standard and at the same speed as previously.

The tendering process for a new endorsing body is underway, with the process set to run from this summer, with the contract being worth a cool £7.5 million. Some further developments should be announced soon.

Craving certainty  

In the meantime, the Ipsos commissioned Global Talent visa evaluation provided details about what individuals find attractive both about the Global Talent route and the endorsement process, and what they find difficult. Although largely positive, it did note that:

Tech Nation, Arts Council and Royal Academy of Engineering visa holders were more likely than those endorsed by other bodies to say that more guidance should be provided on the information that applicants need to provide.

The advantages and limitations to the current Tech Nation endorsement requirements has been discussed elsewhere, but the fact that experts are making decisions in their subject areas, rather than Home Office caseworkers making decisions in areas which they may not understand, is crucial. In our experience, Tech Nation caseworkers and staff have been dedicated to ensuring that the UK attracts the best and brightest tech talent and any future endorsing body must have the same level of know-how and enthusiasm.

However, the guidance that has been followed by Tech Nation over the years has become increasingly bloated and complex, leading to frustration and uncertainty over whether specific evidence would be accepted. When first published, the guidance was little more than 1500 words of relatively open and discretionary criteria. It is now over 5000 words of complex requirements that are increasingly pedantic, such as the below:

Evidence of mentorship must be for activity outside the applicant’s organisation or normal course of work duties and excludes mentorship of other commercial organisations as part of a commercial arrangement. Mentorship should be on behalf of a structured programme with selection criteria and is inclusive of non-profit charities and social mentorship programmes. You must be able to demonstrate a consistent track record of mentoring and have received recognition for your personal contribution. Mentoring at a university or a single startup is not sufficient. When mentoring alongside other mentors (for example at a top-tier accelerator) you must have been a senior mentor that may be evidenced through a letter of reference from the programme. Note that simply training a colleague, providing general support or advice, or advising at a company of someone you know is not considered to meet the definition of mentorship.

This is one ‘example of relevant evidence’ that can be provided to meet one qualifying criterion. As you can see, this one example has several requirements within it. We have seen applications refused due to not meeting all of the requirements of an example, leading some to question why it is being phrased as an ‘example’ at all, if it is being treated as mandatory criteria.

This can be incredibly frustrating and leads to applicants doubting whether the evidence they have provided, if not strictly meeting the examples provided, would meet the wider requirements at all.

Conclusion

Tech Nation’s latest report sets out that they have ‘endorsed more than 5,000 highly skilled global professionals, providing them with the opportunity to join the UK tech ecosystem’, and notes that ‘we need to support and expand visa routes for skilled technology professionals to make it easier for global talent to work in the UK.’

The need for expanded routes for technology professionals is timely. With a significant increase to the minimum salary under the Skilled Worker route and the removal of most tech occupations from the successor to the Shortage Occupation List (which allowed discounts to the salary requirements under the Skilled Worker route), it has become increasingly expensive to move ‘talented techies’ to the UK.

The Global Talent route is the other obvious immigration route but the lack of clarity about Tech Nation has not been helpful for those trying to make long term plans over the past year. Knowing the future endorsing body and criteria far in advance and hopefully having the criteria as open and inclusive as possible, should help attract more exceptionally talented and promising applicants to the UK.

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Nick Gore

Nick Gore is a Partner at Carter Thomas Solicitors, a leading specialist immigration law firm. Nick leads the firm’s private client work, and has particular interest in complex Global Talent and sponsorship cases.

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