GLOBAL TALENT VISA

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You can apply for a Global Talent Visa if you work in a qualifying field and have been endorsed:

  • as a recognised leader (exceptional talent)
  • as an emerging leader (exceptional promise)
  • under the UK Research and Innovation endorsed funder option

Global Talent Visa application is a Two Stage process i.e. Making an application for endorsement and later applying for visa in line with the endorsement for Global Talent.

REQUIREMENTS FOR GLOBAL TALENT VISA

Who can apply for Global Talent Visa?

Any person who is above 18 years of age can make Global Talent Visa application provided he is able to fulfil the relevant requirements. Global Talent visa application can be made from overseas or from the UK provided the applicant has leave in an immigration category allowing him to switch to Global Talent visa.

Endorsement & Endorsing Bodies for Global Talent

All applicants for entry clearance or leave to remain for Global Talent must have been endorsed in this category by one of the following endorsement bodies:

  • The Royal Society, for science and medicine
  • The Royal Academy of Engineering, for engineering
  • The British Academy, for humanities
  • Tech Nation, for digital technology
  • Arts Council England, for arts and culture
  • UK Research and Innovation (UKRI), for research applicants

If your qualifying field is fashion, architecture or film and television, Arts Council England will pass on your application for review to:

  • British Fashion Council, for fashion
  • Royal Institute of British Architects (RIBA), for architecture
  • Producers Alliance for Cinema and Television (PACT), for film and television

Once Global Talent endorsement is granted, the applicant can make application for Global Talent Visa.

Global Talent Visa Applicants can:

  • work – for an employer, as a director of a company or be self-employed
  • change jobs without telling the Home Office
  • do voluntary work.

English Language Requirements for Global Talent

This is NOT applicable.

Maintenance requirements for Global Talent

There are NO maintenance requirements for Global Talent Visa application.   

Validity of Global Talent Visa

The Global Talent visa may be issued from 1 year to a maximum of 5 years. You can apply to extend Global Talent visa as many times as you like. Each Global Talent extension can last from 1 to 5 years.

Requirements for the Dependents of Global Talent Visa Applicants

Global Talent Migrants are allowed to invite their spouses / partners and children under 18 years of age to join them as their dependents. The Global Talent dependents will be able to work in the UK. The Applicant must show that his/her dependents can be supported during their stay in the UK.

WHO CAN SWITCH TO GLOBAL TALENT VISA?

Applicants having leave to remain under the following categories my switch to Global Talent Visa while remaining in the UK:

  • Tier 1 Visa
  • Tier 2
  • Start Up Visa
  • Innovator Visa
  • Tier 5 (Temporary worker – Government Authorised Exchange) on an exchange scheme for sponsored researchers

INDEFINITE LEAVE TO REMAIN FOR GLOBAL TALENT VISA MIGRANTS

Indefinite Leave to Remain (Settlement) is the first goal of all immigrants which makes them free of all sorts of immigration control, work or study restrictions, residence restrictions, and also entitles them to take public funds. Here we will discuss about applying for Global Talent ILR on the basis of having completed the required time period under Global Talent Visa in compliance with the relevant immigration rules.

When Global Talent Indefinite leave to Remain application can be made?

The Global Talent applicants can apply for settlement once they have been in the UK for:

  • 3 years with an exceptional talent visa
  • 3 years with an exceptional talent endorsement
 in science
  • 3 years with an endorsement under the UKRI endorsed funder scheme
  • 5 years with an exceptional promise endorsement in either arts and culture or digital technology

Any time spent under one of the following immigration categories can be combined to complete 3 years or 5 years to apply for Global Talent ILR:

  1. Innovator Visa
  2. Tier 1 (excluding Tier 1 (Graduate Entrepreneur and Tier 1 Post Study Work visa)
  3. Tier 2 (excluding Tier 2 ICT visa)

What are the requirements for ILR for Global Talent Visa Migrants?

Upon completion of 3 years or 5 years in the UK, whichever is applicable, Global Talent Visa migrants may make their ILR application subject to the following requirements:

  1. The Global Talent Migrant must have earned money in the UK during his last grant of leave. These earnings must be linked to the expert field which led to his initial endorsement.
  2. Global Talent Migrant must have not had his endorsement withdrawn by the endorsing body.
  3. Absences from the UK: The Global Talent Migrants are allowed to have absence of a maximum of 180 days in a 12 months period counted backwards from the date of application. Exceptionally, the Home Office may also allow absences for more than 180 days in any 12 months period provided the Global Talent Migrant is able to provide evidence that the reason of those absences were because of life threatening illness of the applicant or a close family member or due to natural disaster.
  1. Koll Requirement for Global Talent Migrants

English Language requirements for Global Talent ILR

You can prove English language requirements for Global Talent ILR by having either:

  • an English qualification at B1 Level
  • a degree taught or researched in English
  • national of an English-speaking country

Life in the UK Test for Global Talent Indefinite Leave to Remain ILR

Another important part of fulfilling the knowledge of language and life requires you to pass the Life in the UK test before applying for Global Talen Indefinite Leave to Remain in the UK.

ILR FOR DEPENDANTS OF GLOBAL TALENT MIGRANTS

Spouse / Civil Partner / Unmarried Partner of the applicant and their children who are already on Global Talent Dependent Visas, are eligible to apply for ILR as Dependents of Global Talent Migrants, provided they also fulfill relevant criteria.

If the Global Talent Migrant dependents have not completed the required time period for ILR, then they would need to apply for further leave to remain application as Dependent of Global Talent, while the Global Talent Migrant may proceed to apply for ILR.

ADMINISTRATIVE REVIEW TO CHALLENGE REFUSAL OF GLOBAL TALENT VISA

Since appeal rights have been taken away from most of the immigration categories, the applicants whose Global Talent Visa entry clearance application or Global Talent leave to remain application is refused, they are given right of administrative review to against refusal of Global Talent Visa.

This is a procedure where the applicant is given an opportunity to challenge the refusal of Global Talent Visa application by providing relevant arguments or documents in some cases.

It is mandatory for the Home Office to give reasons of refusal along with the notice of decision and to inform the applicant about their rights of administrative review. The reasons of refusal shall disclose all the issues / concerns of the Home Office which have been identified by the immigration or Visa officer on the basis of the information / documents provided by the applicant or the information already held on record by the Home Office.

Time Limit to Make Global Talent Visa Administrative Review

The applicants are required to make Global Talent visa administrative review application within 14 calendar days to the Home Office. It is really important to meet the deadline as otherwise the Home Office may reject the application unless exceptional reasons for the delay are provided.

Grounds of Administrative Review for Global Talent Visa

One has to carefully consider and draft the grounds of Administrative Review for Global Talent Visa on which he or she may rely in their administrative review applications. This is an opportunity for the applicant to address all the concerns and issues raised in the notice of decision and the reasons of refusal of the immigration application. It would also be useful to refer to the information or the documents already provided with the said application and highlighting any relevant sections and provide a detailed explanation addressing the issues.

Drafting grounds of administrative review for Global Talent Visa refusal is a specialized area of immigration work and should therefore be left for the experts to handle it.

Outcome of Global Talent Visa Administrative Review

Once Global Talent Visa Administrative review is lodged, a different caseworker considers the grounds of Global Talent Visa administrative review and may make one of the following decisions:

    1. He may overturn the original decision and issue visa to the applicant.
    2. He may maintain the original decision along with all the reasons of refusal; or
    3. He may maintain the original decision of refusal but may decide to withdraw one or more reasons of refusal; or
    4. He may maintain the decision but with different or additional reasons to those specified in the decision under review.

Effect of Global Talent Visa Administration Review

The applicant’s leave to remain remains in place by virtue of paragraph 3C of the Immigration Act 1971, till the decision of the Global Talent Visa administrative review provided he had valid leave to remain prior to making the relevant immigration application. He will not be eligible to make a fresh application whilst the decision on the Administrative Review is pending.

Further Options

If the decision maker maintains the decision of Global Talent Visa application refusal, the applicant may make a fresh Global Talent Visa application within 14 days from the date of refusal of administrative review or may also lodge Judicial Review proceedings if it is considered that both the decision maker of the original application and of the Administrative review application made an error in the consideration of the said applications.

Again, it is extremely important to seek professional help in making decision whether to make a fresh Global Talent visa application or to proceed in the Judicial review against Global Talent Visa refusal or to choose both, depending on the individual’s circumstances.

JUDICIAL REVIEW APPLICATION FOR REFUSAL OF GLOBAL TALENT VISA APPLICATION

A Judicial Review is a check and review procedure conducted by the Upper Tribunal (Immigration & Asylum Chambers) or the High court on the decisions made by the executive body (i.e. Home Office).

If the Home Office decides to maintain the decision of Global Talent Visa application refusal as a result of administrative review application, the applicant may lodge judicial review proceedings against the Global Talent Visa refusal. There is a 3 months’ time limit on bringing the Judicial Review proceedings against the refusal of Global Talent Visa application.

Pre-Action Protocol for Global Talent Visa refusal

Generally, the first step being a Pre-Action protocol letter is issued to the Home Office before initiating Global Talent Visa Judicial Review JR process in the Upper Tribunal (Immigration & Asylum Chambers).

It is really important to assess the details of the matter, analyze the merits and proceed most effectively in order to obtain relief. This is an opportunity given by the claimant to the litigation team of the Home Office to review the matter in the light of the representations or submissions made in the Pre-action protocol letter. We generally give 14 days of notice to the Home Office to respond to our Pre-action Protocol letter.

The most important thing is to identify the issues raised by the Home Office and to see whether a fair decision has been made in the light of the information or documents available. Our job is to address those issues effectively and make a good case for the litigation team to review the decision. We have been quite successful in persuading the litigation team of the Home Office in reconsidering the decision and a number of our clients did not need to go further in the Judicial Review process and were given relied just on the basis of the pre-action protocol letter.

Permission Application (on papers) – Grounds of Judicial Review for Global Talent Visa Refusal

If the Home Office Litigation Team refuses to overturn the decision, we shall then lodge JR review permission application in the Upper Tribunal by preparing grounds of Judicial review for Global Talent visa refusal.

Time to Lodge JR Application – Global Talent Refusal

The deadline to lodge Permission application of Judicial Review is 3 months from the date of the refusal of Global Talent Visa Application.

Grounds of Judicial Review – Global Talent Visa Refusal

One has to carefully consider and draft the grounds on which he or she may rely in their permission application for Judicial review to the Upper Tribunal against the refusal of Global Talent Visa Application. The main point here is to identify an error of law in the notice of refusal of Global Talent Visa application. It needs to be assessed whether the visa officer (ECO) has made a fair decision in the light of the relevant law, rules or regulations with reference to the decisions of the superior courts. It requires a wealth of expertise and experience to draft good grounds in such matters enhancing the chances of success.

Once Judicial Review is lodged, the respondent i.e. the Secretary of State for Home Department has 6 weeks to file “Acknowledgment of Service” along with the grounds of defense. The Upper Tribunal taking account of arguments and documents presented by both parties, makes a decision.

The Upper Tribunal may take one of the following actions:

  • Grant permission for Judicial Review on all grounds against the refusal of Global Talent Visa Application
  • Grant permission for Judicial Review on one or more grounds
  • Refuse permission for Judicial Review

Whatever stage we come on board, we make sure to work in the best interests of our clients and have successfully represented many of our clients in such matters.

Why to instruct Chauhan Solicitors to advise you on your Global Talent Visa Application or Global Talent Visa Refusal

We are a city law firm, specializing in UK Immigration matters. We are located in Central London, therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover, since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world. We have been advising our clients successfully to apply for Global Talent Visa

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