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Global Talent Visa: Arts Council Endorsements

The Global Talent visa is a prestigious UK immigration route designed for exceptional individuals in arts and culture. Securing an Arts Council England endorsement is a critical requirement for this visa, enabling talented professionals to live and work in the UK. This guide explains the eligibility criteria, the application process, and the importance of professional support to maximise your chances of success.

What is the Global Talent Visa?

The Global Talent visa allows individuals in arts, culture, digital technology, and other fields to work in the UK without employer sponsorship. It is designed for applicants with either a proven international reputation (via the Exceptional Talent route) or clear evidence of high potential (via the Exceptional Promise route).

Arts Council Endorsement Criteria

To apply for the Arts Council endorsement, candidates must demonstrate:

• Professional excellence: A record of outstanding work performed or exhibited internationally.
• Recent activity: Evidence of active participation in their field within the last five years.
• Leadership status: Either a well-established reputation as a leader (Exceptional Talent) or strong potential for leadership (Exceptional Promise).
• The Exceptional Talent route requires applicants to show consistent international acclaim, whereas the Exceptional Promise route is tailored for early-career professionals with evidence of significant promise.

Evidence and Recommendation Letters

Applicants must provide robust evidence of their achievements, including recognition in reputable media, significant awards or nominations, and international exhibitions or performances. In addition, three recommendation letters are required. One must come from a prominent UK-based cultural organisation, while the others may be from recognised institutions or experts abroad. These letters must establish the referees’ credentials, their relationship to the applicant, and why the applicant meets the endorsement criteria.

Application Process for the Arts Council Endorsement

The application involves two stages. First, the applicant submits an endorsement application to Arts Council England, including evidence and recommendation letters. If endorsed, the second stage involves applying for the visa through UK Visas and Immigration. Certain award winners may bypass the endorsement stage altogether.

Why Legal Advice is Crucial for the Global Talent Visa

The endorsement process is highly competitive, and many applications are refused due to insufficient evidence or poorly presented submissions. At this critical stage, instructing Quastels can make a significant difference. Quastels possess extensive experience in handling Global Talent visa applications, including securing Arts Council endorsements. Our team of immigration experts will evaluate whether the Exceptional Talent or Exceptional Promise route is more suitable, assist with compiling strong evidence tailored to Arts Council requirements, and draft compelling recommendation letters. Quastels also offers strategic advice for appeals or reapplications, ensuring a comprehensive and robust submission.

Increase Your Success Rate for the Global Talent Visa

Given the high refusal rates for Arts Council endorsements, professional guidance is vital. Quastels’ expertise ensures that your application is precise, compelling, and aligned with the stringent standards required by Arts Council England. 

For detailed information about the Global Talent visa and the endorsement process, visit the official Arts Council England and UK Government websites. To discuss your application, contact Quastels for expert advice and support.

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Cryptoassets and UK Tax- FAQs

UK tax returns are due by the end of January – but do you know whether you need to report your cryptoassets?

31 January is a key date in the UK tax year, as the deadline for submitting a self-assessment tax return.  Hopefully by the time you read this you will be secure in the knowledge that your own return has been submitted, if you are a self-assessment taxpayer.  However, if you have been investing in cryptoassets, are you sure that you have reported everything you need to? Unfortunately, given this is such a new type of asset and the law is still being established, many people are unaware of the tax rules relating to their cryptoasset holdings.

For example, have you ever found yourself thinking along the following lines: 

• I’ve invested into crypto, and I switch between different tokens from time to time, but until I cash in for fiat currency I don’t have any tax issues to worry about. 

• I can’t have a UK tax liability on my crypto, because I’m within the FIG regime, and only deal with offshore exchanges. 

• I don’t need to declare tax on my crypto, because HMRC have never asked me to submit a tax return. 

If so, you need to carefully consider your tax position – read on for more details. 

Capital Gains Tax  – Do I have to pay CGT on cryptoassets? 

In the UK, capital gains tax (CGT) is payable on the disposal of any asset.  In a straightforward case, this would be when you sell something for cash.  For example, if you purchased a Bitcoin in 2010 for £10,000, and you’re selling it now for £80,000, then you would have made a capital gain of £70,000, less any deductible costs. 

Do I have to pay tax if I swap one crypto token for another? 

However, the concept of a disposal goes far beyond a cash sale.  For one thing, it includes an exchange of one asset for another, even where one cryptoasset token is swapped for another.  Therefore, if instead of selling your Bitcoin for cash you had exchanged it for 30 ETH, you have still made a disposal, and so could be liable for CGT on the difference between the price you paid for the Bitcoin, and the market value of the ETH received in exchange. 

Do I have to pay tax if I gift or spend a crypto token? 

More broadly, you will be making a disposal whenever you give up your ownership of a token.  For example, if you make a gift to somebody, or spend it, such as to purchase an NFT or to pay for other goods or services.  Each of these scenarios can be subject to CGT. 

Do I have to pay tax on mining or staking? 

If you are receiving tokens through mining on a proof of work blockchain, or staking on a proof of stake blockchain, then you need to consider whether this is subject to income tax. 

The law on this issue is currently not certain, but HMRC’s view is that generally income from mining or staking will be subject to income tax, after deduction of certain allowable expenses. We can provide advice on this topic.

Remittance basis/FIG regime taxpayers – are crypto gains and income subject to UK tax? 

If you were a remittance basis taxpayer in past years, you do not have to pay UK tax on relevant foreign income, or foreign chargeable gains, from that period if such income or gains are not remitted (or brought back) to the UK. If you qualify for the new Foreign Income and Gains (FIG) regime, you do not have to pay UK tax on relevant foreign income, or foreign chargeable gains, while within the FIG regime. However, can a decentralised cryptoasset recorded on a global blockchain be said to be ‘foreign’? 

Again, the law has not yet fully clarified this point.  However, you need to be aware that HMRC has taken a very wide interpretation of the law, based on the residence of the beneficial owner. HMRC’s position means that remittance basis/FIG regime taxpayers are unlikely to escape UK tax on their cryptoasset income and gains, even where tokens are held for them by a foreign exchange or via a wallet held outside the UK. 

If you find yourself in this position, you need to take legal/tax advice, as the position is likely to turn on the precise factual arrangements, as well as the interpretation of the law.  

What to do about your cryptoasset taxes 

If you find yourself having made cryptoasset disposals, then you need to consider your potential CGT or income tax liability and whether this needs to be reported to HMRC.  CGT and income tax are both self-assessment taxes, which means that it is your responsibility to ensure you have reported anything you need to report, whether or not HMRC have already asked you to submit a tax return. 

The calculations are not straightforward.  For one thing, there will be various deductible costs, to reduce your tax liability.  For another, fungible cryptoasset tokens are subject to the share pooling rules, meaning that it is necessary to work out an average cost based on all of your purchases. 

Specialist software is available, which can help with these calculations.  However, you need to understand the legal interpretation of transactions in order to ensure that the software is analysing your tax liability correctly. 

If the result is that you have made a net loss for the year, then you may not need to submit a tax return, but it can still be worth reporting your losses to HMRC to enable them to be deducted against gains you make in the future.

How Quastels can help with cryptoasset taxes 

Ben Rosen, Partner, and Jack Burroughs, Senior Associate, in the Private Wealth and Tax team are leading experts on the legal and tax treatment of cryptoassets.  We can therefore advise you on the issues that might arise in calculating your taxes, including: 

• which transactions are disposals for CGT; 

• how staking and mining income is calculated; and 

• whether gains and income are located in the UK or abroad. 

We can provide the analysis of your cryptoasset gains and income needed to submit your tax return, and state your legal position to HMRC where the law is unclear or where mistakes may have been made. We are also able to assist with your estate planning for cryptoassets, helping to ensure that your tokens can pass to those you want to receive them, as tax-efficiently as possible. 

To discuss your circumstances and find out how we can help you, please get in touch. 

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Digital Compliance Checks for Sponsor Licence Applications: How Quastels Can Assist

As the UK’s immigration landscape evolves, digital compliance checks have become a crucial part of sponsor applications. These checks ensure businesses sponsoring foreign talent comply with strict Home Office guidelines. For many organisations, the process can be daunting. At Quastels, our refined expertise to immigration law provides tailored support to help businesses navigate these challenges.

The Growing Importance of Digital Compliance

The Home Office has increased scrutiny of sponsor licence applications, resulting in more refusals and compliance checks. This is to ensure only compliant businesses are granted sponsorship privileges. Without preparation, organisations risk application refusals or enforcement actions, including audits and licence suspensions.

Digital compliance reflects the UK Government’s aim to streamline immigration while maintaining high standards. Applications must demonstrate robust systems for managing sponsorship duties, including record-keeping, right-to-work checks, and reporting obligations. Non-compliance can lead to penalties, including licence suspension or revocation. Expert guidance is essential.

At Quastels, we understand these challenges. Our expertise ensures your application meets the highest standards.

Why Choose Quastels for Sponsor Licence Compliance?

Quastels delivers a highly personalised service, focusing on each client’s unique needs. Whether you are a start-up bringing in global talent or an established business expanding your workforce, we offer bespoke solutions.

Trusted Expertise

Our immigration lawyers have extensive experience across industries. We stay ahead of regulatory changes, ensuring our advice aligns with the latest Home Office standards.

Comprehensive Services

We work closely with clients to address compliance risks. Our services include:

• Pre-Application audits: Reviewing internal systems to identify gaps and ensure readiness.
• Policy Development: Drafting and implementing policies for sponsor duties like record-keeping.
• Training and Guidance: Equipping HR and compliance teams to manage obligations effectively.
• Application Preparation: Managing documentation and liaising with the Home Office.

Proactive Problem-Solving

We also resolve compliance issues, including responding to Home Office queries, managing audits, and safeguarding licence status.

Partner With Quastels

Digital compliance checks are a critical part of sponsor licence applications. At Quastels, we make the process seamless. By leveraging our expertise, businesses can focus on growth and innovation while we handle compliance complexities.

If you’re applying for a sponsor licence or need compliance support, contact Quastels today. We’re here to guide you every step of the way, ensuring your business meets digital compliance demands with confidence.

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