The Global Talent Visa: How to Gain Leave to Enter and Remain in the UK (30 January 2024)

The Global Talent visa is a UK immigration category for talented and promising individuals in specific sectors wishing to work in the UK.

This visa scheme has largely replaced the Tier 1 (Exceptional Talent) route, which was closed to new applicants and those extending their stay from 20 February 2020.

If you have the right talent in the fields of science, engineering, medicine and humanities, digital technology or art and culture and wish to pursue a career in the UK, you can benefit from applying for a Global Talent Visa. There are two routes available for applicants to apply dependent on the level of experience and talent: the ‘exceptional talent’ route and the ‘exceptional promise’ route.

The Exceptional Talent route is for applicants with substantial track records of working regularly as a professional in the last 5 years and who are recognised widely as being leaders in their field

The Exceptional Promise route is for applicants who have a developing/ongoing track records of working as a professional in the last five years and being future leaders in their field.

Criteria to meet

To be granted a Global Talent visa you must first apply for an ‘endorsement’ (unless you have won an eligible award), as well as for the visa itself. This need to be from a Home Office accredited endorsing body authorised to assess endorsement applications from individuals with the relevant expertise and who want to come to the UK under the Global Talent visa.

To apply for an endorsement you need three reference letters from organisations with international professional recognition with whom you have previously worked.  The first letter must be from UK organisation, second letter from any international organisation and the third letter from any organisation or individual who is also respected in the similar field.

In addition, you are required to submit 10 pieces of evidence confirming your expertise. Once you have received your endorsement, you move to stage 2 which is visa application. You can apply for the Global Talent visa at the same time as you apply for endorsement, or after you have the endorsement confirmed.

The following factors will be considered:

• Your track record/career history, including the significance of your work and the impact of your activity


• The strength of your letters of personal recommendation, and evidence in relation to qualifying criteria


• Your contribution to your sector


• Factors such as your academic track record and salary level if employed or money raised if an entrepreneur


• The commercial impact of your previous work, achievements and experiences

Settlement

With a Global Talent visa, you have the opportunity to apply for permanent settlement in the UK, known as 'indefinite leave to remain' (ILR), after just 3 years if applying under Exceptional Talent and 5 years if applying under Exceptional Promise. This does not require extending your stay and incurs no additional visa fees. The duration of your stay in the UK is contingent on the type of endorsement received for your visa. The earliest point at which you can apply for ILR is 28 days before meeting the 5-year or 3-year residence requirement. It's important to note that your endorsement must remain valid when applying for ILR, and the Home Office will be automatically notified if the endorsement is withdrawn.

To Qualify for ILR the following requirements must be met:

• Still be endorsed by the approved endorsing body


• Have met the 3 or 5 years UK continuous residence requirements (you must not have spent more than 180 days outside the UK in any consecutive year)


• Have earned money in the relevant field


• Meet the English language requirement (Unless exempt, you must have either an English qualification at CEFR level B1, B2, C1 or C2, or a degree taught or researched in English)


• Pass the Life in the UK test

You will be eligible to apply for ILR after just 3 years if you were endorsed by either:

• The British Academy


• The Royal Academy of Engineering


• The Royal Society


• UK Research and Innovation


• Arts Council England or Tech Nation (as long as you were endorsed as a leader, i.e. exceptional talent on an UK Artist or Tech Nation Visa

In addition, you may be able to apply for ILR after just 3 years if you did not need formal endorsement because you had an eligible award. If you were endorsed by Arts Council England or Tech Nation as an emerging leader (i.e. exceptional promise), you would need to wait 5 years before applying for ILR.

Dependents

The Global Talent visa also allows you to bring your partner and children with you. They may reside with you as dependants which means that they are directly dependent and tied to your visa. They may live and work legally for the duration of the visa, as can the main holder of the talent visa. Further details about the latest fees, the conditions of the visa, legal requirements, Endorsement Reviews and the application process can be found on the Government Website

How we can help:

Ensure your eligibility by allowing us to guide you through the entire process. We offer comprehensive assistance, including preparing your application, applying for endorsement, and submitting your leave to enter or remain application with the Home Office. Simultaneously, we can streamline the process for your settlement application. We are equipped to manage and respond to any queries raised by the Home Office on your behalf, ensuring a smooth and hassle-free experience for you. At Duncan Lewis Solicitors, we are experts at challenging the Home Office refusals through administrative review, appeals to immigration tribunal and Judicial Review. Our team of Business immigration solicitors are highly experienced with challenging negative decisions of the UK Home Office.

For an initial consultation over the telephone with one of our expert UK immigration lawyers, call us today on 033 3772 0409 or e-mail us at privateimmigration@duncanlewis.com.

About the Author:

Tamana Aziz is a highly experienced and recommended lawyer in the 2023 edition of the Legal 500 directory and has wide-ranging immigration law experience, including business immigration, advising high-net-worth and skilled individuals on extending visas, spousal applications and applications for British citizenship.

For advice or assistance on an immigration matter, contact Tamana Aziz via email at tamanaa@duncanlewis.com or by telephone via 02031141130