The partners and children of Global Talent (including Tier 1 (Exceptional Talent)) Migrants can apply for leave to remain and to settle in the UK.
How do I come to the UK as the dependant of a Global Talent Migrant?
First, you must make a valid application on the correct Dependant Partner visa or Dependant Child visa form and be granted before you arrive in the UK.
You must also pay the relevant application fee (£608, at the time of writing) and Immigration Health Charge (£624/year for adults and £470/year for children), provide your fingerprint, photographs and your passport or travel document to prove your nationality and identity. You must not fall for refusal under the general grounds for refusal, which relate to negative personal or immigration history.
If you were present in a country listed in Appendix T for more than six months immediately prior to your application you must provide a valid medical certificate confirming that you have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in you.
There are no criminal record certificate requirements, and there are no financial requirements that you must meet as a dependant. The individual requirements for partners and children are detailed below.
If you are a partner:
- You must be over the age of 18 on the date of application;
- You must be the partner of a person who already has permission, or who is applying and being granted at the same time, on the Global Talent route;
- If you are married or in a civil partnership, you must evidence this with the relevant certificate;
- If you are not married or in a civil partnership, you must: (a) have been living together in a relationship similar to marriage or civil partnership for at least the 2 years before the date of application; (b) any previous relationship either of you had must have broken down permanently; and (c) you must not be so closely related that you would not be allowed to marry or form a civil partnership in the UK;
- Your relationship with your partner must be genuine and subsisting;
- You and your partner must intend to live together through your stay in the UK.
We can advise as to the evidence that can be provided to prove your cohabitation for two years, if you are unmarried partners, and to prove in any case that your relationship is genuine and subsisting.
If you are a child:
- You must be under the age of 18 on the date of application, unless you were last granted permission as the dependent child of your parents;
- If you are over the age of 16, you must not be leading an independent life;
- You must be the child of a person who already has permission, or who is applying and being granted at the same time, on the Global Talent route;
- Your other parent must be either applying at the same time as you to come to the UK, or already be in the UK and have permission to be there other than as a visitor. There are only three exceptions to this:
- If your parent with permission as a Global Talent Migrant is your sole surviving parent; or
- If your parent with permission as a Global Talent Migrant has sole responsibility for your upbringing, which is a difficult test to meet in law; or
- The decision maker is satisfied that there are serious and compelling reasons to grant you permission to come to the UK with your parent who is a Global Talent Migrant; and
- If you are under the age of 18, there must be suitable arrangements for your care and accommodation in the UK, which must comply with relevant UK legislation and regulations.
Evidence of the relationship between the child and parents should be provided, such as a full birth certificate, adoption certificate or court order.
Please note that if the Global Talent Migrant has already settled or naturalised as British by the time you wish to move to the UK, and you did not have permission as their dependent at that time, you cannot apply under Appendix Global Talent. You must instead apply under Appendix FM to the Immigration Rules as the partner or child of a British or settled person.
Can I switch in the UK to become the dependant of a Global Talent Migrant?
Yes, and you must meet the same requirements above, except that you can apply on the same form as your Global Talent Migrant if you are applying at the same time. Otherwise, you can apply on the Dependent partner or Dependant child forms.
If you are applying for permission to stay, you must be in the UK on the date of application and must not have, or have last been granted, permission:
- as a Visitor; or
- as a Short-term Student; or
- as a Parent of a Child Student; or
- as a Seasonal Worker; or
- as a domestic worker in a private household; or
- outside the Immigration Rules.
This means, for example, that if your partner switches from Skilled Worker to Global Talent Migrant, you can switch from Skilled Worker Dependant to Global Talent Dependant.
Additionally, if you are applying from within the UK, you must not be in breach of immigration laws (unless paragraph 39E, the exception for overstayers, applies), or on immigration bail. See my blog for an answer to the question: What is Paragraph 39E?
If you have overstayed your previous visa, particularly by more than 14 days, you should seek legal advice. You also cannot be on immigration bail at the time you apply.
If you are applying from within the UK, there is no TB Certificate requirement.
How long will my visa be granted for?
If your partner still has limited leave to remain as a Global Talent Migrant, you will be granted permission which ends on the same date as their permission on the Global Talent route.
If they have already been granted settlement (indefinite leave to remain) as a Global Talent Migrant, you will be granted 3 years' permission.
A child will be granted permission which ends on the same date as whichever of their parents' permission ends first, unless both parents have (or are being granted) settlement or British Citizenship, in which case the child will be granted permission for 3 years.
What are the conditions of my Global Talent Dependant visa?
You will not be able to access public funds. However, you can undertake work (including self-employment and voluntary work) except for employment as a professional sportsperson (including as a sports coach). You can also study, but may require an ATAS Certificate depending on your course of study. You may need to register with the police, depending on your country of nationality.
Refusal of a Global Talent Dependant application
If the application is refused, it is possible to apply for an Administrative Review to challenge the decision, but there is no right of appeal. If you have been refused, we can review the reasons for refusal and advise you as to the merits of an administrative review.
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.