New Global Talent Visa to be introduced post-Brexit

After a long and strenuous journey, Brexit looms ever closer and we are all finally coming to terms with an independent United Kingdom outside the European Union. The United Kingdom will officially leave the European Union on 31 January 2020. In light of upcoming withdrawal, Prime Minister Boris Johnson has announced a new global talent visa to send out a message of power; that government will not close the doors to the migrants who can make a significant benefit to their practice areas. It is suggested the new global talent visa will replace the current Tier 1 Exceptional Talent visa.         

What is the new global talent visa?

The UK government has announced a brand new global talent visa for the world’s top scientists, researchers and mathematicians. The new visa suggests the government will live up to its word and will support top talent. The Prime Minister, Boris Johnson said

The UK has a proud history of scientific discovery, but to lead the field and face the challenges of the future we need to continue to invest in talent and cutting edge research. That is why as we leave the EU I want to send a message that the UK is open to the most talented minds in the world, and stand ready to support them to turn their ideas into reality.

The Immigration Rules will be updated on 30 January 2020 to include the new global talent visa. It is certain that migrants will be required to obtain an endorsement before submitting an application to the UK Visas and Immigration. It is our understanding that migrants will not be required to hold a job offer or meet a specific salary requirement. The new visa will not be as strict as previous visas and migrants will be permitted to take on activities that are more difficult to undertake on other visas, such as collaborating with businesses. The new global talent visa will have 4 main routes:

  • Senior appointments: This is for migrants who have accepted a job of professor, associate professor, reader, senior group leader or equivalent at any UK higher education institution or eligible research institute provided certain recruitment requirements were met. This path is administered by The British Academy, the Royal Academy of Engineering, and The Royal Society
  • Fellowships: This is for migrants who have been awarded a fellowship for their academic and research achievements by an approved body i.e. British Academy, the Royal Academy of Engineering and Royal Society.
  • Endorsed funders: This is for researchers and specialists whose name or job title is specified in a successful grant application from a recognised funder. This path is administered by UK Research and Innovation.
  • Peer review: standard endorsement for individuals who submit a successful application for review by The British Academy, the Royal Academy of Engineering or The Royal Society (depending on their field of expertise).

There will be an accelerated settlement option for some migrants depending on the nature of work. The rules for indefinite leave to remain will also be relaxed for some migrants again this would depend on the nature of their work i.e. the Home Office will introduce an exemption for the residency requirement where the researcher is on an overseas work-related trip.

When can I apply for the new global talent visa?

The new global talent will be live and active on 20 February 2020. Migrants applying under this route can also benefit from an accelerated path to British citizenship. There will be a transitional period of 11 months after Brexit. A new immigration system is likely to be introduced on 1 January 2021. EU nationals will also be required to apply under the new system in 2021.

Will the new global talent visa replace the current Tier 1 Exceptional Talent?

The government has now confirmed that the new global talent visa will replace the current tier 1 exceptional talent visa. This is a controversial move because some may argue that the government has not introduced a new visa and they have renamed the tier 1 exceptional talent visa. Liberal Democrat home affairs spokeswoman Christine Jardine said the policy was

nothing more than a marketing gimmick”. “Boris Johnson is showing that he fundamentally doesn’t understand what makes our science sector so successful. Changing the name of a visa and removing a cap that’s never been hit is not a serious plan,” she said.

The key difference between the two visas is that there will be no annual cap on the number of visas that can be issued under the new global talent visa; whereas, there is an annual cap of 2000 visas for the tier 1 exceptional talent visa. However, similarly, to the tier 1 exceptional talent visa migrants will be required to obtain an endorsement from the UK Research and Innovation organisation for approval. Another criticism of the new global talent visa is that it is only open to STEM subjects alienating migrants who fall outside these subject areas. Previously these migrants could have submitted an application under the tier 1 exceptional talent or promise visa. Despite the criticisms, the introduction of a new uncapped visa suggests that there will be an overhaul of the current immigration system. There is no doubt that the overhaul will take time but the government has been vocal that the United Kingdom will always be open to the most talented minds and stands ready to support them. The government has previously discussed a new possible less stringent immigration system mimicking the Australian points-based system.

Using Legal Representation to submit a new global talent visa application

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a new global talent visa application.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your new global talent visa application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your a new global talent visa application meets the Immigration Rules.

Successful submit a new global talent visa application

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 immigration status and the merit of your a new global talent visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a new global talent visa application and ensure that you meet all the requirements of the relevant rules.

We 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. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to a successful new global talent visa application. 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.

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

 

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