The introduction of the Global Talent Visa, replaced the Tier 1 Exceptional Talent Visa on the 20th of February 2020.
The visa is to continue the focus on the bringing to UK both talented and promising individuals.
These would be in the fields of science, digital technology, engineering, medicine, humanities, and arts & culture, which include those in the working fields of film & television, fashion, design, and architecture.
There are 2 stages to the application, on the first stage of the application, this is considered by the endorsing body organisation and the second stage of the application is considered by the Home Office.
Once granted, a Global Talent migrant is not permitted to have recourse to public funds, be employed as a doctor & dentist in training and is limited to studying in the UK on the visa category.
Innovation towards the Global Talent Visa
As part of the initial application to the endorsing body, you would be required to submit an application which must include supporting evidences. This is not an immigration application, so leave to enter or remain is not granted at this stage.
Each endorsing body requires specified evidences depending on the category you intend to apply. For example, if you have chosen Arts Council England, and have applied under ACE, you would be required to produce 3 letters of endorsement and up to 10 supporting evidences. Where you apply under PACE, you would be required to provide 3 letters of endorsements, and evidences of awards that you have been nominated or have won.
In the science bodies such as the British Academy, Royal Society, Royal Academy of Engineering, you would be required to provide a letter of recommendation from an eminent person in the UK, your CV and written recommendation from a reputable UK organisation.
Following your application as a Global Talent Visa to the endorsing body and this has been refused; you can request a review of the decision known as endorsement review. The review must be completed within 28 days following the decision being served to you.
Once the application for the endorsement review has been lodged, the decision to review this would usually take around 28 days. Where this takes longer, the decision body will inform you of this and their reasons.
If you are considering applying or have been refused your Global Talent Visa, then you speak to one of ICS Legal’s UK Immigration Lawyers on 0207 237 3388 or you can email us on firstname.lastname@example.org.
Global Talent Visa application
Once the endorsement letter is granted, you would be able to apply for your visa, also known as leave to enter or remain in the UK. Where the endorsement has been approved, the Home Office system records such data and does not need this to be sent, although, the recommendation is to send the letter to speed the process of the visa application. You can apply in the UK or from outside of the UK for the Global Talent Visa.
In terms of applying from the UK under the Global Talent route, known as switching your visa category, you must hold a Tier 1, Tier 2, Tier 5, Start-up or Innovator visa to switch into the category. If you hold any other forms of leave to remain in the UK, you must depart the UK and apply from the country of your residency.
The visa can be granted up to 5 years and this is dictated by you at the time of lodging your immigration application. The Global Talent visa will be granted with conditions.
Applying for your extension under the Global Talent Visa
The flexibility of the Global Talent Visa allows you to extend this either from the UK or outside of the UK. You would need to demonstrate that your endorsement has not been withdrawn and have been employed/self-employed in your expert field.
You would be required to provide evidences of your contributions in the UK and must apply for your visa prior to the expiring. Your extension application under the Global Talent visa can be reviewed either by the endorsing body or the Home Office.
Curtailment of a Global Talent Visa
The Home Office have a right to curtail your visa if they believe you are either in breach of your conditions of stay or your endorsing body have withdrawn their sponsorship.
There are no right to appeal against these decisions. We may be able to challenge the decision through other legal remedy.
Refusal of your Global Talent Visa
Either the endorsement application or your visa can be refused by the endorsing body or the Home Office. Where a decision is made, there will be a decision letter served, explaining the reasons to the refusal and how the decision can be challenged. You would be only allowed to challenge the decision once.
Please email us the decision letter to email@example.com, so we can advise on the next steps for you. Alternatively, you can speak to us on 0207 237 3388.
Applying for indefinite leave to remain under Global Talent Visa
As part of the Global Talent visa, you can apply for indefinite leave to remain (ILR) also referred as settlement once you have completed a continuous period of 5 years under the Global Talent Visa.
You are allowed to combine periods of residency under other immigration categories, such as the Tier 1 Exceptional Talent, Tier 1 (General), Tier 1 (Entrepreneur) to name some of the limited categories but when doing so, you would be required to demonstrate you have been compliant through the periods of residency in the UK.
The Home Office will check that your endorsement has not been withdrawn and would need to provide evidences that you are either employed or self-employed in your expert field. In brief, evidences related to your employment, you should be able to provide an employment contract, payslips to name some of those documents.
In contrast to self-employment, you would be required to provide tax returns, financial reports as some of those key evidences required. The evidential flexibility policy may be applied in your application and evidences, may be requested post the date of application.
In addition to the above, you also need to meet the knowledge of life requirements and meet the financial adequacy requirements.
Taking legal advice on the Global Talent Visa
We at ICS Legal will provide guidance and correct advice on the Global Talent Visa application route.
You can speak to one of our UK Immigration Lawyers on 0207 237 3388 or you can email us at firstname.lastname@example.org if you are considering to apply under the Global Talent Visa.
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