This articles discusses the UK Global Talent Visa route. In particular, it addresses the application process and the supporting documents required.
This visa route replaced the Tier 1 (Exceptional talent) visa on 20th February 2020. However, individuals who have Leave to Remain in the Tier 1 (Exceptional talent) category may apply for an Extension or Settlement under the Global Talent visa rules.
It invites leaders and potential leaders in the fields of science, engineering, medicine, humanities, social sciences, digital technology and arts and culture (including film and television, fashion design and architecture) who wish to work in the UK, to apply via the UK Global Talent Visa route.
The Application Process
The initial process for each Global Talent visa category differs according to whether the applicant requires endorsement by an endorsing body. Usually, where an applicant has a Home Office recognised prestigious prize, they are not required to seek endorsement.
Where an endorsement is required, the process involves the following steps:
- Stage 1 – Application for endorsement is made to an endorsing body who have been so authorised by the Home Office. Such applications are highly involved and the strict criteria of the endorsing body must be met; and
- Stage 2 – If the applicant receives an endorsement (or conversely does not require an endorsement), they can then make an application to the Home Office for entry clearance or permission to stay.
Stage 1 – Endorsement Application
The requirements to be granted endorsement by an endorsing body and the supporting documents that applicants must provide vary depending on the field of work of an applicant.
Generally, an applicant must either be a leader/evidencing exceptional talent or a potential leader/evidencing exceptional promise in their respective field of work. However, there are fields which require the applicant to be an established leader/evidencing exceptional talent to qualify under that route.
Furthermore, the requirement to provide letters of recommendation from different well-established organisations and individuals is also present across nearly all of the different fields of work eligible under this category, and such sources must be provided from at least 2 different countries.
Having the relevant endorsement is a validity requirement. Therefore, any applications made without such endorsement will be rejected at the outset.
Unsuccessful Stage 1 Applications
Applicants who have been unsuccessful at Stage 1, can request a review of the decision. They must do so using the endorsement review form within 28 calendar days of the refusal.
This review application requires the Home Office and the relevant endorsing body to confirm that the correct processes were followed. Usually, an endorsement review application form received after 28 calendar days is not accepted unless exceptional circumstances exist.
Stage 2 – Visa Application for Permission to Enter or Remain
Once an applicant has received their endorsement, or if they did not require an endorsement, they can make an application for entry clearance or permission or stay.
Initially, the Home Office will check the application against the validity requirements:
- Application must be made on the correct form;
- Any fee and Immigration Health Charge must have been paid;
- The applicant must have provided any required biometrics;
- The applicant must have provided their passport or travel document;
- The applicant must have been issued with an endorsement letter or have been awarded a recognised prestigious prize;
- The stage two application must have been made no more than 3 months after the date on the endorsement letter and the endorsement has not been since withdrawn; and
- The applicant must be at least 18 years old on the date of application.
Applications are usually granted where:
- The applicant meets all the relevant requirements of the Global Talent visa; and
- No general grounds for refusal apply.
Unsuccessful Stage 2 Applications
If an application for entry clearance or permission to remain is refused, the applicant cannot appeal against the decision. However, they may apply for an Administrative Review, if an error has been made in considering the application.
Length of Entry Clearance
The period of permission granted under this visa route can range from 1 year to 5 years, depending on the option selected by the applicant.
There is no limit to how long you can stay in the UK in total. You may be able to get Indefinite Leave to Remain so you can Settle in the UK after 3 or 5 years, depending on which field you work in and how you apply.
Conditions of Entry Clearance
Applicants:
- Are not allowed access to public funds;
- Cannot be employed as professional sportsperson; and
- Can only study subject to the ATAS certificate restrictions.
How Can We Help?
Our team at RPK Solicitors is experienced in all aspects of UK private and business Immigration law. We will advise you on your immigration status and the merits of your visa application before you submit it to the Home Office.
We will assist with the preparation and submissions at each stage of the process which involves a significant amount of administrative tasks and submitting correct documentary evidence. We will guide you through the complex Immigration Rules to ensure that your application meets the requirements.
If you require our assistance, please contact us today via email at legal@rpksolicitors.com or give us a call on +44 (0)20 39319820.
