The Global Talent visa is similar to the Tier 1 Exceptional Talent visa that it replaced in February 2020. This is a route for highly-talented and promising individuals in the fields of science, technology, engineering, medicine, humanities, culture and the arts to live and work in the UK. In comparison to other immigration categories, it is subject to a few restrictions. There are two sub-routes: exceptional talent applicants must be established as leaders in their field and exceptional promise applicants must have shown potential to become leaders in their field.
Applications under Global Talent involve a two-stage process. Applicants must first apply for an endorsement from a Home Office approved endorsing body and, once the endorsement is granted, must then apply for immigration permission in the UK within three months.
This is the most common vehicle for foreign nationals planning to work in the United Kingdom to make an application. There must be a proper employer/employee relationship and therefore this type of permission is not suitable for situations where the individual will effectively be self-employed. The most important thing to understand is that in the UK the employer sponsors this application, and thus must hold a sponsor license in order to do so. The application is granted for a particular employee performing a particular role for a particular employer. If you are an individual hoping to work in the UK, you cannot apply for this visa. If you have been given permission under this category, you cannot change jobs without submitting a new application.
The first step is to ensure that the employer has a valid sponsor license. Secondly, the employee must hold a certificate of sponsorship to work for that particular employer. Then, finally, the applicant must apply under the skilled worker scheme either from within the UK or outside the UK to gain entry clearance.
To be considered a ‘new entrant’ the applicant must meet one of the following criteria:
There are also various transitional arrangements in place for those who held/hold UK immigration permission under Tier 2 (General) and now wish to make a subsequent application under the Skilled Worker route.
The Skilled Worker route is one which can lead to settlement and British citizenship in the UK. Eligible individuals are now able to switch into the Skilled Worker route from most other UK immigration routes.
The former Tier 2 (ICT) category has essentially been kept as it is in all but title, being re-branded to simply ICT. The minimum skill level remains at RQF level 6, ie degree level and the minimum salary threshold of £41,500 is unchanged. The sub-route for graduates has also remained.
The primary substantive change to this route is the amendment to what is known as the ‘cooling-off period’. Under the new system, ICT migrants must hold permission under this route for more than five years in any six-year period. If the migrant is a high earner (earns a gross annual salary of at least £73,900), they must not hold permission under this route for more than nine years in any ten-year period and are exempt from meeting the 12-month prior employment requirement.
The ICT route does not lead to settlement in the UK. However, individuals are now permitted to switch into the Skilled Worker route and possibly other routes which do lead to settlement in the UK.
We can advise on the appropriate steps to be taken for a successful application.
Many UK immigration categories lead, after a period of time, to indefinite leave to remain (“ILR”), also known as “settlement”. In the case of most employment-based categories, the applicant needs to demonstrate five continuous years of time spent in that category. An applicant also has to pass the UK government’s Life in the UK test before making an application for indefinite leave to remain.
For those married to UK citizens, or other persons already ‘settled’ in the UK, the total period to gain settlement is five years.
The new ‘Appendix Continuous Residence’ has been introduced. This Appendix clarifies that for settlement applications, applicants must not spend more than 180 days outside the UK in any 12-month period during the relevant qualifying residence period in order to be eligible. It also clarifies certain exceptions to this rule, including a new exception for ‘travel disruption due to pandemic’.
The Global Talent visa is similar to the Tier 1 Exceptional Talent visa that it replaced in February 2020. This is a route for highly-talented and promising individuals in the fields of science, technology, engineering, medicine, humanities, culture and the arts to live and work in the UK. In comparison to other immigration categories, it is subject to a few restrictions. There are two sub-routes: exceptional talent applicants must be established as leaders in their field and exceptional promise applicants must have shown potential to become leaders in their field.
Applications under Global Talent involve a two-stage process. Applicants must first apply for an endorsement from a Home Office approved endorsing body and, once the endorsement is granted, must then apply for immigration permission in the UK within three months.
This is the most common vehicle for foreign nationals planning to work in the United Kingdom to make an application. There must be a proper employer/employee relationship and therefore this type of permission is not suitable for situations where the individual will effectively be self-employed. The most important thing to understand is that in the UK the employer sponsors this application, and thus must hold a sponsor license in order to do so. The application is granted for a particular employee performing a particular role for a particular employer. If you are an individual hoping to work in the UK, you cannot apply for this visa. If you have been given permission under this category, you cannot change jobs without submitting a new application.
The first step is to ensure that the employer has a valid sponsor license. Secondly, the employee must hold a certificate of sponsorship to work for that particular employer. Then, finally, the applicant must apply under the skilled worker scheme either from within the UK or outside the UK to gain entry clearance.
To be considered a ‘new entrant’ the applicant must meet one of the following criteria:
There are also various transitional arrangements in place for those who held/hold UK immigration permission under Tier 2 (General) and now wish to make a subsequent application under the Skilled Worker route.
The Skilled Worker route is one which can lead to settlement and British citizenship in the UK. Eligible individuals are now able to switch into the Skilled Worker route from most other UK immigration routes.
The former Tier 2 (ICT) category has essentially been kept as it is in all but title, being re-branded to simply ICT. The minimum skill level remains at RQF level 6, ie degree level and the minimum salary threshold of £41,500 is unchanged. The sub-route for graduates has also remained.
The primary substantive change to this route is the amendment to what is known as the ‘cooling-off period’. Under the new system, ICT migrants must hold permission under this route for more than five years in any six-year period. If the migrant is a high earner (earns a gross annual salary of at least £73,900), they must not hold permission under this route for more than nine years in any ten-year period and are exempt from meeting the 12-month prior employment requirement.
The ICT route does not lead to settlement in the UK. However, individuals are now permitted to switch into the Skilled Worker route and possibly other routes which do lead to settlement in the UK.
We can advise on the appropriate steps to be taken for a successful application.
Many UK immigration categories lead, after a period of time, to indefinite leave to remain (“ILR”), also known as “settlement”. In the case of most employment-based categories, the applicant needs to demonstrate five continuous years of time spent in that category. An applicant also has to pass the UK government’s Life in the UK test before making an application for indefinite leave to remain.
For those married to UK citizens, or other persons already ‘settled’ in the UK, the total period to gain settlement is five years.
The new ‘Appendix Continuous Residence’ has been introduced. This Appendix clarifies that for settlement applications, applicants must not spend more than 180 days outside the UK in any 12-month period during the relevant qualifying residence period in order to be eligible. It also clarifies certain exceptions to this rule, including a new exception for ‘travel disruption due to pandemic’.
