Client Success: Global Talent ILR for Data Scientist with Covid Related Absences

Case Overview: Securing ILR for a Global Talent Visa Holder 

At Richmond Chambers, we recently assisted a skilled data scientist in securing Indefinite Leave to Remain (ILR) in the UK after five years of continuous residence. Our client had been endorsed under the Global Talent route as an ‘exceptionally promising’ individual in the field of digital technology. They were represented by immigration barrister Anna Bregstein, who provided expert legal support throughout the application process.

The Challenge: Covid-19 Absences and Incomplete Travel Records

While our client had made a valuable contribution to the UK’s tech sector – working for several innovative start-ups – their application presented a number of complexities due to extended absences from the UK during the Covid-19 pandemic.

One of the key requirements for ILR under the Global Talent route is that the applicant must not have been absent from the UK for more than 180 days in any rolling 12-month period during the five years leading up to the application. In this case, our client had spent extended periods abroad caring for elderly parents in their home country. These absences brought them very close to the permitted limit.

The situation was further complicated by the lack of complete travel records. Some flight bookings were missing, and many passport stamps were either illegible or written in a non-Latin alphabet. This made it difficult to confirm with certainty whether the continuous residence requirement had been met – potentially putting the application at risk.

Our Strategy: Clarifying Absences and Applying the Covid-19 Discretion

We began by conducting a thorough review of our client’s passport, identifying all legible stamps and compiling a detailed schedule of absences from the UK. For the stamps that were unclear or in a different script, we advised the client to obtain official border movement records from the Ministry of the Exterior in their home country. These records enabled us to cross-reference their travel history and clarify the timeline of absences.

For more recent travels, we asked the client to search their email for any flight confirmations, which we included in the supporting documentation.

To address the periods of extended absence during the pandemic, we prepared legal submissions  referring to the discretionary provisions in the Immigration Rules, which would allow the longer absences to be discounted. We highlighted that the absences were due to exceptional and compassionate circumstances arising from Covid-19 and caring responsibilities, and such absences should be disregarded under Appendix Continuous Residence.

A Successful Outcome: ILR Approved for a Promising Digital Technology Professional

Thanks to this detailed and proactive approach, our client’s application for Indefinite Leave to Remain was granted. They were delighted with the result, which provides them with the long-term security they were seeking in the UK. With ILR in place, they can now continue to build their career in digital technology with confidence and stability.

Client Feedback

“I started the application for settlement status in the UK through the Richmond chambers immigration barristers ~2 months ago. I worked mainly with Anna Bregstein who was very dedicated and professional throughout the process. In the last 5 years, I worked for several start-ups and went through covid which made my application a bit more complex (preparation of the documents, making sure I satisfied all the requirements etc). This is not my first time working with Richmond chambers, in fact I also applied for the Tier 1 visa which was also successful. Overall, I highly recommend working with them.”

Contact Our Immigration Barristers

If you are considering applying for indefinite leave to remain (ILR) and are concerned about whether your absences from the UK may affect your application, our barristers are here to help. We offer expert legal advice and practical guidance tailored to your individual circumstances. Contact our experienced barristers on 0203 617 9173 or complete our enquiry form below.