Global Talent Visa: Settlement and ILR in the UK
The UK Global Talent visa is for talented and promising individuals in the fields of science, engineering, medicine, humanities, digital technology and arts and culture wishing to work in the UK. This is often an attractive route for migrants, due to its flexibility with regard to work permissions and its often shorter period for settlement, but what requirements does one need to meet to settle in this category? In this post we look at the requirements for settlement or ILR on the Global Talent visa route.
Do Global Talent ILR applicants need to still be endorsed?
Although Global Talent ILR applicants must show that they have not had their endorsement withdrawn by their endorsing body, there are no documentary requirements to demonstrate that applicants for settlement on the Global Talent route are still endorsed by the relevant endorsing body. The Home Office will have been notified by the endorsing body if you were no longer endorsed, and they will therefore conduct their own internal checks.
Do Global Talent ILR applicants need to show that they have been employed in the UK since their last grant of leave?
You do not necessarily need to have been employed in the UK in the Global Talent visa category, however, you must demonstrate that you have earned money in the UK during your last period of permission in the field in which you were previously endorsed on the Global Talent route. Applicants may have been employed or self-employed, and they need not have been for the entirety of their grant of leave, provided they can show that money was earned.
There is no list of specified evidence to evidence that this requirement is met. This is because each Global Talent migrants’ circumstances will be very different. The Home Office’s “Global Talent” guidance version 4.0, published on 15 January 2021, states at page 41:
“Applicants can provide any evidence as long as it is from an independent source which can be verified if required. The Global Talent website guidance gives a list of potential forms of evidence they may choose to provide, but this is not exhaustive.”
Applicants should therefore provide evidence of their work in the UK, and how this relates to their specialist field. More details about the types of evidence that can be included can be located here, however, the documents you should provide will depend on your circumstances.
When can a Global Talent visa holder apply for settlement?
How long you must have spent in the UK under the Global Talent visa category will depend on your circumstances. If you have been endorsed under the ‘exceptional talent’ criteria for an endorsing body, under the ‘exceptional promise’ criteria for the endorsing bodies for science, engineering, humanities and medicine, or under the UKRI “endorsed funder” fast-track criteria, then you can settle after three years in this category.
If you were last endorsed under the “exceptional promise” criteria for Arts Council England or Tech Nation you will need to spend a continuous period of five years in the UK before being eligible to apply for settlement.
Can time spent in another category be combined to meet the qualifying criteria for settlement as a Global Talent migrant?
Another reason why the Global Talent route is popular, is because you can combine time spent in some categories with time spent in the UK as a Global Talent Migrant in order to meet the qualifying period for settlement or ILR.
The relevant continuous period can include time spent in the following immigration categories: Global Talent, Innovator, Skilled Worker (including as a Tier 2 (General) migrant), T2 Minister of Religion, T2 Sportsperson, or as a Tier 1 Migrant, other than as a Tier 2 (Graduate Entrepreneur).
How long can persons applying for Global Talent ILR have been absent from the UK?
The continuous residence requirement is met if the applicant has spent the qualifying unbroken continuous residence period required by their route lawfully in the UK. To meet the continuous residence requirement you must not have been outside the UK for more than 180 days in any 12-month period.
The Immigration Rules state:
“Where the applicant was endorsed by The Royal Society, The Royal Academy of Engineering, The British Academy or UK Research and Innovation (UKRI), any absence linked to their permission to stay (such as a scientist undertaking research overseas), does not count as an absence, regardless of its length.”
Therefore, Global Talent migrants who hold leave following an endorsement by one of the endorsing bodies for science, engineering, humanities and medicine and who have undertaken research overseas directly related to their grant of leave, will not have such absences counted when they apply for settlement.
Do Global Talent Visa Settlement applications need evidence of English language skills?
Although there is no English language requirement to enter or extend in the Global Talent visa category, for settlement on the Global Talent route you must show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1.
It is possible to rely on an English language test from Secure English Language Test provider, on a degree awarded in the UK, or on a degree taught in English from an overseas institution if this is accompanied by a proven confirmation from UK NARIC. The confirmation must confirm that the qualification meets or exceeds the recognised degree standard awarded in the UK and, if not taught in a majority English speaking country, that the degree was taught or researched in English.
Do Global Talent ILR applicants need to complete the Life in the UK test?
Applicants who wish to settle in the UK under the Global Talent category will also need to complete the Life in the UK test.
Contact our Immigration Barristers
For expert advice regarding the requirements for settlement in the UK as a Global Talent migrant, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.
