Business Visa Routes for Academic and Talented Migrants

The next few months could see a change in immigration policy for academics, researchers and scientists from outside the EEA. Proposals from the Migration Advisory Committee (“MAC”) could lead to a number of exemptions and amendments to the Tier2 visa route for PhD level roles in order to make it easier for the “brightest and best” talents to come to the UK. There are also other business visa routes open for individuals who are talented in their field. LEXVISA business immigration team can arrange a consultation with any individual who would like to explore the options available for academic and talented migrants who would like to settle in the UK.

What are the Business Visa Routes for Academic and Talented Migrants?

There are several business visa routes available for academics and researchers. The points based system of the UK’s immigration system is for high net worth and highly skilled individuals to come to the UK. The Tier 2 visa category allows these skilled workers to come to the UK and work for a business or company that has a Tier 2 Sponsorship Licence. Many of the job roles under the Tier 2 visa route are at RQF level or above which highlights the need for skilled workers. Certain requirements must first be satisfied, such as completion of the Resident Labour Market Test (if applicable), appropriate salary and maintenance. There are proposed changes happening to PhD level SoC codes which are outlined below.

The Tier 5 Government Authorised Exchange route may also be another option for academics and researches as it allows universities and research institutes to sponsor academics and researchers to undertake short-term collaborations and host short-term engagements with non-EEA academic researchers.

A popular UK visa option for “talented” individuals is the Tier 1 (Exceptional Talent) route which opened in 2011. Non-EEA nationals who are either recognised or emerging leaders in their field may be eligible to apply for the Tier 1 Exceptional Talent visa. The Exceptional Talent visa route is an application made in two stages; firstly Applicants must get an endorsement from an endorsement body in the relevant field then once they have this the actual visa application can be made.

What are the changes to Business Visa Routes for academics, researchers and scientists?

Following a recent report from the MAC, the UK’s Immigration will see the removal of PhD level jobs as defined by the PhD level SoC Codes in Appendix J from the Tier 2 visa quota. Other exemptions for PhD level roles include the ability to recruit the best person for the job regardless of nationality, a Resident Labour Market Test waiver for “supernumerary researchers”, rules allowing Tier 4 students an easier transition into work and greater weighting for PhD level roles within the Tier 2 quota. There will also be a new exemption for indefinite leave to remain (“ILR”) applications for excessive absences from the UK where the Applicant’s absences are due to overseas research activity and an exemption from the ILR minimum salary rate.

Further changes could also include biochemist and biological scientist roles having priority within the Tier 2 category. These moves come as the UK realises the importance of shared information and talent to aid scientific breakthroughs, therefore opening up the UK to the “brightest and best” talent from around the world is crucial to the future of science and medicine.

Using Legal Representation to apply under the UK’s Business Visa routes as an academic or talented person

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a visa application. Our Solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.

Caseworkers at the Home Office are trained to reject visa applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided.

The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successfully apply under the UK’s Business Visa routes as an academic or talented person

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a work visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a work visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.

Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a work visa application.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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