On 7 December 2017, the Home Office introduced its latest Statement of Changes (HC309) to the Immigration Rules. The changes took effect on 11 January 2018. As anticipated there are encouraging signs for Applicants searching for visa routes under the Point Based System (PBS). In an attempt to drive high net worth individuals to the UK the Home Office has made positive changes to the Immigration Rules relating to business-related applications such as the Tier 1 Exceptional Talent visa.
Appreciating overseas Talent under the Tier 1 Exceptional Talent
The Tier 1 Exceptional Talent visa was specifically introduced to attract exceptionally talented individuals to the UK and it has instantly gained popularity. The Tier 1 Exceptional Talent visa is broken down into two stages (Endorsement application and then the UKVI Immigration Application).
To successfully apply for the Tier 1 Exceptional Talent visa you must first be able to demonstrate that:
- You are a recognised or emerging leader in one of the following; Science, Engineering, Humanities, Medicine, Digital Technology or Art; and
- You have been endorsed by a Designated Competent Body (DCB). To receive an endorsement accepted by the Home Office, an application must be made to the relevant DCB with a large number of support documents. It is important to note that an endorsement application is not an immigration application and therefore a refused endorsement does not affect any future immigration application.
Every DCB has its own set of criteria on how to obtain a successful endorsement but in simple terms, Applicants must show that they:
- Have made significant contribution and are considered a leader in their particular field; and
- Normally Applicants will be required to prove their excellence by internationally recognised awards and notable achievements.
When considering whether you are at an appropriate endorsement level, the Designated Competent Body will take into consideration your career history, the strength of the supporting statements in letters of recommendation, international standing, expected benefits of your presence in the UK, and a wide variety of relevant factors. The Second stage to a successful Tier 1 Exceptional talent visa application is the Immigration Application.
Positive Changes in the Tier 1 Exceptional Talent Visa Route
In an attempt to encourage exceptionally talented individuals outside the European Union to come to the UK under the Tier 1 Exceptional Talent visa the Home Office has made two significant changes to the Immigration Rules. The changes are in relation the initial allocation quota and settlement benefits.
The following amendments can be found in the Statement of Changes to the Immigration Rules (HC309):
- The Home Office has recognised the increase in interest in Tier 1 Exceptional Talent visa category and has doubled the number of places available to 2,000 places per allocation. 1000 endorsements will be unallocated whilst the other 1000 places will be allocated to the Designated Competent Bodies such as Tech City UK, Arts Council, The Royal Society, The British Academy and the Royal Academy of Engineering.
- The second major change to the Immigration rules is regarding settlement status in the UK. Previously Applicants were able to settle in the UK after 5 years of holding the Tier 1 Exceptional Talent visa but now the Home Office has differentiated this category further by Introducing the possibility of applying for accelerated settlement. Applicants who are recognised and endorsed as “exceptionally talent” can apply for accelerated settlement in the UK after 3 years however Applicants endorsed as someone with “exceptional promise” will need to apply under the normal 5-year route to settlement in the UK.
To read the Statement of Changes to the Immigration Rules (HC309) in full please click Statement of Changes In Immigration Rules.
Using Legal Representation to submit a successful Tier 1 Exceptional 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 matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for a Tier 1 Exceptional Talent 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 applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Exceptional Talent 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 Tier 1 Exceptional Talent Visa application meets the Immigration Rules.
Successfully submit a Tier 1 Exceptional 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 prospects of submitting a Tier 1 Exceptional Talent Visa application before your application even reaches the Home Office UK Visa & Immigration department. Our firm can assist you with the preparation and submission of a Tier 1 Exceptional 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. 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 Tier 1 Exceptional Talent Visa application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.