Immigration Solicitors

The category of Tier 1 (Exceptional Talent) under the Points Based System allows migrants to either enter or remain in the United Kingdom (UK) for a period of up to 5 years.

This route is open to certain applicants making an in-country application and overseas migrants who are thinking of applying to enter the UK to work and further their respective field of work.

The category recognises individuals with:

• World leading talent; or
• Exceptional promise to be world leading in their field of work.

The criteria is specific for each designated endorsing body, a common trend amongst all the bodies is that they require documentary evidence by way of reference letters from third parties. These references must highlight the applicants' skills and confirm that the applicant is a world leading talent or someone with exceptional promise to be world leading in their field. In our experience such letters are provided by professors, senior managers and directors to name a few.

This route can be broken down and summarised in two stages:

Stage 1:

Firstly, an application must be submitted to the Home Office for 'endorsement' with the relevant designated body. The application must be supported with a comprehensive list of supporting documents which each relevant body sets out.

Applications are then sent by the Home Office to the designated body for consideration for endorsement. Once a decision is made, the Home Office is informed of whether the relevant requirements for endorsement have been met. If successful, the applicant is then issued a letter confirming a grant of an endorsement.

Applicants should bear in mind that an application for endorsement with a Designated body (Stage 1 above) is not an Immigration application and form part of an applicant’s immigration history.

Even if such an application is refused, it should not go against the applicant’s immigration history when submitting any applications to enter or remain in the UK in the future.

Stage 2:

Once the applicant obtains the endorsement, a further application must be submitted to the Home Office for the applicant’s visa application.

The Home Office authorises 1000 endorsements per year which is divided between the designated bodies. This category is not widely used by applicants and may be due to a lack of awareness that this category in fact exists for many talented individuals. The Home Office fee for an endorsement application is currently £287. A decision is usually made within 3-6 weeks.

It is worth noting that after 5 years in that this category, an application may be submitted for Indefinite Leave to Remain in the UK subject to meeting the relevant requirements.

Our advice to those individuals who may be eligible to apply under this category is to seek advice as to merits and all being well, to submit an application.

Duncan Lewis is currently assisting a number of clients who are submitting applications under this route. We have had a number of successful applications for individuals in the past in areas such as Technology, Sciences and Arts.

About the author: Shyam Dhir

Shyam has a track record of assisting clients under this category and he has worked closely with preparing successful applications for endorsements with the Arts Council England in the Performing Arts industry.

He has also assisted with preparing applications for highly skilled Software Developers for endorsement under the exceptional promise route with Tech City UK. Shyam has successfully assisted with the endorsement stage of the application and then subsequently by switching clients’ immigration status (in country) from Tier 2 to Tier 1 (Exceptional Talent). His clients are now on their way to establishing their own business in the UK.

For further information please contact us for a no obligation, confidential discussion on telephone on 0203 114 1271 or by email at privateimmigration@duncanlewis.com.