1. Introduction to the Global Talent Route
This article will consider the Global Talent route, particularly focusing on the endorsement process. Within this article you will find an overview of what the Global Talent route is, why it is so beneficial, the endorsement process, endorsement refusals and the options open to applicants following refusal. Some examples of areas to focus on in order to improve the chances of obtaining a successful Global Talent endorsement are also highlighted.
2. What is the Global Talent Category?
The Global Talent category is what some might term an outlier in the UK's immigration system, with its clear focus on the strengths that migrants can bring to the UK. The category is for those recognised as talented and promising in the fields of engineering, science, medicine, humanities, social science, digital technology and arts or culture. The field of arts and culture encompasses a range of sub-fields including film and television, fashion design and architecture.
There is a distinction within most of the fields between individuals who are exceptionally talented, and those who are exceptionally promising. Talented individuals are those already viewed as leaders within their field, whilst those who are promising are those who show potential to become leaders within their field. It is important to note that it is not always possible to apply as a promising candidate. For example, one can only be endorsed as exceptionally talented in the field of film and television.
3. What Are The Benefits of the Global Talent Visa?
The Global Talent category is arguably one of the most beneficial routes within the UK's immigration system. The Code of Practice issued to endorsing bodies demonstrates the significance placed on the route, stating: "The UK Government wishes to encourage such individuals to choose the UK for their future work". As a result, the route has a number of significant benefits for those granted visas.
It is, firstly, a route which provides one of the quickest routes to settlement (Indefinite Leave to Remain – "ILR") in the UK. This is a status allowing one to live and work in the UK without needing to apply for further visas. One can obtain ILR after having spent 3 or 5 years continuously via this route (it is also possible to use a combination of different routes to reach this period as long as you have permission as a Global Talent migrant when you apply for ILR in the route). The 3 year continuous period is open to those falling within the below categories:
- Endorsed by either the British Academy, Royal Academy of Engineering, the Royal Society or UK Research and Innovation; or
- Endorsed by Arts Council England and Tech Nation as a recognised leader in their field, that is recognised as exceptionally talented; or
- Able to demonstrate that they were granted their initial application based on having an eligible prize, listed in Appendix Global Talent: Prestigious Prizes.
Where one has been endorsed by Arts Council England or Tech Nation as exceptionally promising, they may be able to obtain settlement after a period of 5 continuous years in the UK, provided they meet the relevant settlement criteria.
Secondly, the Global Talent route is beneficial for its ability to allow individuals to work in any capacity (including self-employment and voluntary work). Although it is not possible to work as a professional sportsperson (including as a sports coach). Individuals are also not required to work in the field that they were endorsed in. It is essential to note, however, that in order to obtain settlement in the UK within the category, one will need to show that they have earned money in the UK during their last period of permission. This money will need to have been earned in the field related to the subject matter of their prize (if they obtained the visa on the basis of a prize) or the field they were endorsed in (if they obtained the visa based on an endorsement). It is also possible to study in the UK, subject to the Academic Technology Approval Scheme (ATAS) condition.
Thirdly, there is no maximum limit on the total period of permission that may be granted on the route. This means one can extend their stay in the UK under the Global Talent category as many times as they wish provided the relevant extension requirements are met. One can apply to be in the UK for a period of up to 5 years each time they apply.
Lastly, one can have their dependants join them in the UK whilst in this route. Dependants are able to apply to enter the UK, for permission to stay and to obtain settlement after the required period of time in this category, provided the relevant requirements are met for each application made. Ultimately the Global Talent route is one of the most flexible and generous immigration routes available in the UK, that is once one has been granted the requisite permission of course.
4. Who Decides Whether an Individual Is Exceptionally Talented or Exceptionally Promising?
The Home Office, in an impressive understanding of its own limitations, has delegated the task of assessing whether an individual is exceptionally talented or promising to organisations with expertise in the fields applicants can be endorsed in. As detailed in the Code of Practice, the organisations are "invited by the Home Office to fulfil this role by virtue of their national role and standing". These organisations are called endorsing bodies.
5. Endorsement in the Fields of Academia or Research
For those in the fields of science, medicine, engineering, humanities or social sciences, the relevant endorsing bodies are:
- The British Academy – humanities and social science applicants;
- The Royal Academy of Engineering – engineering applicants;
- The Royal Society – natural sciences and medical science research applicants; and
- UK Research and Innovation (UKRI) – applicants from all research fields with an award or grant from an endorsed funder (a prestigious funder of research and innovation). Applicants will be working at or being hosted by a UKRI approved institution. UKRI will only consider applications from those on the Fast Track route not the Full Peer Review.
You can find out more about these fields from our previous article Global Talent Visa: Science, Engineering, Humanities, Social Science and Medicine.
6. Endorsement in the Fields of Arts and Culture
For those in the fields of arts and culture, including film and television, fashion and architecture, the relevant endorsing body is Arts Council England. It is important to note that given the number of fields under their remit, Arts Council England has employed the assistance of other established organisations to aid in assessing whether individuals are exceptionally talented or promising. The relevant organisations are as follows:
- The Royal Institute of British Architects (RIBA) – Architecture
- The British Fashion Council (BFC) – Fashion Design
- Producers' Alliance for Cinema and Television (PACT) – Film and Television (including animation, post production and visual effects). As above, those seeking endorsement in these fields can only do so as exceptionally talented applicants; PACT does not endorse individuals as exceptionally promising.
Arts Council England focuses on reviewing endorsement applications directly from those within combined arts, dance, literature, music, theatre, visual arts (including those working artistically in galleries and museums).
7. Endorsement in the Field of Digital Technology
The relevant endorsing body for digital technology applicants is Tech Nation.
For all the fields, it is also possible to bypass the endorsement process (Stage 1 of the Global Talent application process) and go straight to applying for a visa (Stage 2 of the Global Talent application process) where the individual has been awarded a prize on the eligible prize lists. These prizes have been identified as showcasing an individual to have exceptional talent by the relevant endorsing bodies.
Where one is applying in the Global Talent category on the basis of an endorsement, they will require an endorsement letter issued by their relevant body confirming that the individual is exceptionally talented or promising. This letter can then be used by the individual to apply for the Global Talent visa. An applicant must make their visa application within three months of being issued with the endorsement letter.
8. How Do Endorsing Bodies Decide on Suitability for the Global Talent Route?
The endorsing bodies each decide their own endorsement criteria to be used for issuing out endorsements within their field of expertise. The Home Office is provided with this criteria and may request changes where appropriate.
This article will not go into detail as to the endorsement criteria set by each endorsing body, however, as an example will provide an overview below of the endorsement criteria applicable to arts and culture applicants who are directly assessed by Arts Council England (that is excluding those who are in architecture, fashion design and film and television).
Arts and Culture applicants need to satisfy Arts Council England that they:
- Are professionally engaged in producing outstanding work, whether this is through performances, distributions, presentations or international exhibitions; and
- Have had regular professional engagement in their field in the five years preceding their application.
Exceptionally promising applicants are required to be at an early stage of their career and to show a developing track record in 1 or more countries, whereas exceptionally talented applicants need to show a substantial track record in at least 2 countries.
9. What Are the Evidential Requirements – Arts and Culture
In order to help assess whether the above criteria is met, further guidance is provided as to what Arts Council England wants applicants to provide in terms of documentation.
All applicants will need to provide:
- An artistic CV setting out their professional arts and culture career to date (this is to help with assessing the stage an applicant is and whether they are applying in the correct sub-category);
- 3 dated letters of recommendation:
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- 2 from well-established arts and culture organisations that the applicant has worked with, acknowledged as experts in the applicant's field. At least one of the organisations must be UK based; and
- 1 from another well-established organisation or an individual that the applicant has worked with, who has recognised experience in the relevant field.
An applicant can then choose to provide supporting evidence relating to two out of the three subcategories set out in the table below. They will need to ensure that the evidence they provide follows the requirements for either exceptional promise applicants or talent applicants, depending on which category they are applying for. Applicants are limited to providing only 10 pieces of physical evidence of their work and recognition falling within at least 2 of the subcategories below.
There is further guidance from the Arts Council and the Government's website as to what type of documents will be accepted as falling within the subcategories of media recognition, awards or proof of professional engagements and the information some of these documents must include. For example, there is a detailed list as to what letters of recommendation must cover. Articles will also need to meet certain criteria, such as showing the date of publication, the country where the review is from and should contain a comment on the quality of an applicant's work. Further, as articles/reviews are there to demonstrate that arts and culture critics recognise an applicant as talented or promising, Arts Council England is clear that they will not accept interviews or advertisements for work, unless there is some critique of an applicant's work within that specific piece.
The above is simply an overview of some of the requirements set by an endorsing body. They might appear to be straightforward, however, there are further considerations at hand when it comes to selecting the right pieces of evidence to fall within the subcategories. As can be seen there are nuances between the requirements for exceptionally promising and exceptionally talented applicants; these continue on within the guidance issued by endorsing bodies where relevant.
It is important for one to have a detailed understanding of exactly the type of documents each endorsing body wants to see provided with applications. Where the documents provided do not meet such requirements or do not demonstrate that one sufficiently meets the necessary endorsement criteria, their endorsement application will most likely be refused. It is therefore important to seek immigration advice when applying for a Global Talent endorsement.
We have provided an overview of the endorsement criteria of each endorsing body in various articles found on the Knowledge Centre of our website as follows:
- Film and Television;
- Architecture;
- Fashion;
- Digital Technology;
- Science, Engineering, Humanities, Social Sciences and Medicine.
10. Global Talent Endorsement – Making an Application
As above, the endorsement application is normally referred to as the Stage 1 application. One will need to complete an online application form and send their supporting documents by email to the Home Office, who will forward the application to the relevant endorsing body. Where an endorsing body has also delegated responsibility for issuing endorsements to another organisation, they will forward the application to that body, for example, Arts Council England will send applications from film and television applicants to PACT. The Stage 1 application process might also differ between endorsing bodies, it is important to double check how the bodies want this done. For example, Tech Nation instructs that applicants should first apply for endorsement using the official government Global Talent visa website and then submit their Tech Nation application form no more than 15 working days following submission of the Home Office application. This all forms part of stage 1 for Tech Nation applications, whereas other applicants might simply fill in the form on the Global Talent visa website.
Processing times differ depending on the endorsing body, for example, currently Arts Council England is advertising an 8 week processing time (and appears to be taking the full amount of time); PACT is advertising a processing time of on average 2 to 3 weeks; Tech Nation, 5 to weeks (or 3 weeks if considered to be fast track); and the endorsing bodies within academia or research have a range of processing times: 2 weeks where it is a fast track endorsement and 5 weeks where it is a full peer review endorsement.
The stage 1 application fee is currently £524. The stage 2 application fee is currently £192, bringing the total to £716. If applying on the basis of an eligible award, therefore skipping the endorsement stage, you will need to pay the full £716 when you apply for the visa. One will also need to pay the Immigration Health Surcharge.
11. What Happens if I Do Not Meet the Endorsement Criteria?
Where an endorsing body decides an applicant does not meet the endorsement criteria, they are likely to refuse the application. An applicant will then have a number of options: apply for a review of the endorsement decision; submit a new application soon after the endorsement stage or at a later stage; apply using a different immigration route.
In terms of the review process, this will be undertaken by the same endorsing body that decided the application in the first instance. The review must be a challenge to the endorsement decision making process, and not a method of arguing against the endorsement decision, otherwise the review application will not be considered. For example, one might be challenging the manner in which a piece of evidence was considered – was it not looked at properly or at all? Was there an error or mistake in the way that the application was processed? The Home Office also identifies that an endorsement reviewer may recommend a reconsideration of a refusal decision if they find that the Home Office "failed properly to pass on evidence submitted with the original application" or "failed to pass on correctly the reasons for refusing the endorsement". It is important to note that the Code of Practice states that "challenges against the substance of a peer view judgment will not be accepted".
A request for a review must be made within 28 calendar days of receiving the endorsement decision. The Home Office may consider whether there are exceptional circumstances which should result in a review application being accepted where the review request is late. There is no fee for a review. One will need to fill in the endorsement review form and email it to the Home Office, who will then forward it to the relevant endorsing body. The Home Office is clear in the Code of Practice that they will not arbitrate any disputes concerning whether the endorsement requirements are met in a particular case. The endorsing body's decision as to whether or not to issue an endorsement is final.
If a review is undertaken and the endorsing body refuses your application for the same reason, you will be informed of this (via email according to the official government website) and will need to decide whether to apply again for an endorsement. The endorsing bodies also have the power to refuse your application for new reasons and you should be informed of this via a letter. Where this is the case and you disagree with the reasons, you can ask for another review only on the basis of the new reasons. You can only request one endorsement review per refusal decision. Further review requests for the same refusal decision will be returned without consideration. You will be informed of the outcome of the review within 28 calendar days from the date of receipt of the review request form. If the decision is overturned and endorsement is issued, one will receive a notification via email.
Depending on the reasons for refusal, for example, where one is informed that they do not have sufficient evidence to demonstrate that they meet the requirements, it might be the case that a fresh application is better once one has obtained the relevant evidence. If the endorsement decision states that evidence is missing and one has access to it, they will need to submit a fresh application as one cannot provide further information, documents or other paperwork in a review.
12. Common Reasons for Global Talent Refusals
For arts and culture applicants (including those in film and television, fashion and architecture) and digital technology applicants, a common reason for refusal relates to the 3 letters of recommendation which should be provided with each application.
These letters should be clear in discussing why an applicant is exceptionally talented or promising. There are specific areas of focus which these letters should cover and sometimes they do not cover all them or do but with insufficient detail. Such areas include discussing how an applicant will contribute to their field in the UK; what the applicant has achieved; how they will benefit from living in the UK etc. This is not an exhaustive list of what the letter should contain, however it is important to ensure that all these areas are addressed and in sufficient detail. It is important to note that the endorsing body is relying on the individuals who know an applicant and are experts in their field to help the individual demonstrate why they are a good candidate for the Global Talent category. Where their letters are not enthusiastic about the applicant, their achievements, future contributions or are not detailed enough, it is unlikely that the endorsing body will be satisfied that they should issue an endorsement.
Another common reason for refusal relates to the supporting documents provided with applications. These will differ between each field, however, what is important is that each document selected should showcase exactly why an applicant is exceptionally promising or talented. It should go to directly meeting the evidential requirements as set by each endorsing body, for example, where seeking an Arts Council England endorsement, one should not provide supporting documents that do not fall within media recognition, proof of engagements or awards as one has a limited amount of documents (ten) to showcase their promise or talent.
Evidence should sufficiently detail the significant or critical role you had in for example a performance, research, founding or being employed within a product-led digital technology company. In terms of arts and culture applicants, for example, we have seen refusals on the basis of insufficient media recognition, where articles are said to not sufficiently critique the individual's work. This might be due to the article not mentioning the individual by name. This is not always fatal, as other evidence can go to demonstrating your contribution to the reviewed work, for example, where you have played an instrument on an album and the album is reviewed, however, you are not named but you can show your contributions through credits for example or a letter from a production label confirming your role and ideally its significance in the album. In such a situation, you would need to provide both the confirmation of your involvement in the relevant work and the reviews of that work.
13. Impact of an Global Talent Endorsement Refusal on Future Immigration Applications
An endorsement refusal on its own does not have an impact on future immigration applications as it is not an immigration application. The immigration application is the Stage 2 part where one applies for a visa. You will not be required to disclose endorsement refusals in future visa applications. It is important to note that a Stage 1 application cannot extend your permission in the UK where this is about to expire, nor can a review of a refused endorsement application.
It is possible to apply for stage 1 (endorsement) and stage 2 (visa) at the same time. This can be useful where one is switching from the another category into the Global Talent category and their permission is about to expire, submitting the visa application before expiry of their permission should enable them to remain in the UK without overstaying if their permission expires and a decision has not been made on their pending Stage 2 application. However, where one submits both applications at the same time and the stage 1 application is refused, the stage 2 application will be refused too, therefore leading to an individual having a visa refusal and potentially other negative consequences such as overstaying, depending on the circumstances. These will need to be disclosed in future immigration applications.
14. Ensuring a Strong Global Talent Endorsement Application
It is important to ensure that you understand all the requirements you are supposed to meet when seeking an endorsement. These are located on different websites, whether the general government website relating to each field, the Immigration Rules or the individual Guidance issued by the relevant endorsement bodies. It can be easy to miss important information and requirements. It is therefore important to seek advice from immigration experts when applying for a Global Talent endorsement.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.