ARTICLE
10 September 2024

Global Talent ILR: Continuous Residence Requirement 2024

RC
Richmond Chambers Immigration Barristers

Contributor

Richmond Chambers is a multi-award winning partnership of specialist immigration barristers. Our barristers provide expert legal advice and representation, directly to individuals and businesses, in relation to all aspects of UK immigration law. We combine the expertise and quality of the Bar, with the service of a trusted law firm.
The article outlines the "continuous residence" requirement for Global Talent visa holders seeking Indefinite Leave to Remain (ILR) in the UK, detailing qualifying periods, absence rules, and visa flexibility based on endorsements.
United Kingdom Immigration

In This Article

1. Introduction2. Global Talent "Qualifying Periods": How Long Do I Need to Be in the UK for ILR?

3. Do I Satisfy the "Continuous Residence" Requirements for Global Talent ILR?

4. Contact our Immigration Barristers

5. Frequently Asked Questions

6. Glossary

7. Additional Resources

1. Introduction to the Global Talent ILR Continuous Residence Requirement

As with most other UK immigration routes leading to indefinite leave to remain ("ILR", also referred to as "settlement"), Global Talent migrants must complete a period of "continuous residence" in the UK in order to qualify for ILR. However, the continuous residence requirement can mean different things for different Global Talent migrants, depending on who your endorsing body is or which type of visa you have.

This post explains the different ways that the continuous residence requirement can apply to Global Talent migrants. In particular, this post explains the different "qualifying periods" and absence requirements that can apply to different Global Talent migrants.

2. Global Talent "Qualifying Periods": How Long Do I Need to Be in the UK for ILR?

To understand how long you need to be in the UK to qualify for ILR in the Global Talent route, you must first establish what the "qualifying period" is for your particular type of Global Talent visa. A "qualifying period" is essentially the length of time that you need to have been in the UK continuously, in order to qualify for ILR.

3-Year Qualifying Period

The following types of Global Talent migrants need to have spent a continuous period of 3 years in the UK:

Although not explicitly stated in the Immigration Rules or in the Home Office's corresponding guidance document, endorsements by Arts Council England include endorsements by PACT (which acts on behalf of Arts Council England in the field of film and television), endorsements by the Royal Institute of British Architects (RIBA) (which works with Arts Council England in the field of architecture), and endorsements by the British Fashion Council (BFC) (which acts on behalf of Arts Council England in the field of fashion design).

5-Year Qualifying Period

The following types of Global Talent migrants need to have spent a continuous period of 5 years in the UK:

As stated above, endorsements by Arts Council England include endorsements by PACT, RIBA, and BFC.

Mixing and Matching Different Visas for Your Qualifying Period

To meet the qualifying period requirement, it is not necessary to have spent the whole 3- or 5-year period as a Global Talent migrant. It is essentially possible to "mix and match" certain types of permission to make up the 3- or 5-year qualifying period for ILR in the Global Talent route.

As long as you have permission as a Global Talent migrant at the time that you apply for ILR in the Global Talent route, your 3- or 5-year qualifying period can consist of time that you spent in the UK with permission in any of the following routes (including any combination of these types of permission):

  • Global Talent;
  • Innovator Founder;
  • Skilled Worker;
  • T2 Minister of Religion;
  • International Sportsperson;
  • Tier 1 Migrant (but not Tier 1 (Graduate Entrepreneur));
  • Scale-up;
  • Representative of an Overseas Business.

For example, if your qualifying period is 5 years, and you have spent 5 continuous years in the UK with 2 years of permission as a Skilled Worker and then 3 years of permission as a Global Talent migrant, you would satisfy the qualifying period requirement for ILR in the Global Talent route.

3. Do I Satisfy the Continuous Residence Requirement for Global Talent ILR?

Once you have established what your qualifying period is – i.e. whether you need to spend 3 continuous years or 5 continuous years in the UK with the right type(s) of permission – you must then establish whether you also meet the "continuous residence" requirement for ILR in the Global Talent route.

To meet the continuous residence requirement, you must show that your 3- or 5-year qualifying period amounted to a period of continuous, unbroken, and lawful residence in the UK. Each of these three elements – "continuous", "unbroken", and "lawful" – are discussed in turn.

Continuous Residence Requirement: No Excessive Absences from the UK

The first element is that residence must be "continuous". The basic rule is that you must not have been outside the UK for more than 180 days in any rolling 12-month period. However, there are several caveats and exceptions to this basic rule.

First, if your permission was granted under the old rules in place before 11 January 2018, the requirement is that you must not have been outside the UK for more than 180 days in any consecutive – not rolling – 12-month period, counting backwards from the date of your ILR application.

Second, when calculating your periods of absence to establish whether your residence was "continuous" (i.e. whether your residence meets the 180-day rule), any time spent outside the UK for the following reasons are not counted as absences:

  • You were assisting with a national/international humanitarian or environmental crisis overseas;
  • Travel disruption due to natural disaster, military conflict or pandemic;
  • "Compelling or compassionate personal circumstances" – e.g. life-threatening illness of you or a close family member, of death of a close family member;
  • Research activity if you are endorsed by the Royal Society, British Academy, Royal Academy of Engineering, or UKRI;
  • Research activity if you qualified for the Global Talent route on the basis of a prize listed in Table 6 of Appendix Global Talent: Prestigious Prizes;
  • You were accompanying your partner overseas, where the partner was absent from the UK on Crown service as a regular member of HM Armed Forces, as an employee of the UK Government, or as a permanent member of the British Council.

For example, if you were absent from the UK for 190 days within the space a 12-month period during your 3- or 5-year qualifying period, but you can show that at least 10 of those 190 days of absence were due to travel disruption resulting from the COVID-19 pandemic, your residence would still be considered "continuous.

Please note that the Home Office expects to see evidence relating to the reason for your absence – e.g. official and independently verifiable documents showing the duration and purpose of your assistance with an overseas crisis, evidence of disruption to your planned travel arrangements, or letters and medical certificates relating to the illness or death of a close family member.

However, in relation to absences for research activity where a Global Talent migrant is endorsed by the Royal Society, British Academy, Royal Academy of Engineering or UKRI, there appear to be limited evidential requirements. The Home Office's guidance document states the following:

"In general, if an applicant is endorsed by those endorsement bodies listed above, the applicant will not be required to provide agreement or any documentation to prove their absence is related to research. You may accept that the applicant is absent for research purposes."

That said, given the Home Office's phrasing of "in general" and "may accept" – as well as the potentially significant negative ramifications of an immigration refusal – it may well be advisable to provide at least some evidence of your overseas research, in order to minimise the risk of a refusal. This may be particularly advisable if your absences are well over the 180-day limit.

Continuous Residence Requirement: "Unbroken" Residence

The second element is that residence must be "unbroken". The different scenarios that will break a continuous residence period are listed in Appendix Continuous Residence to the Immigration Rules, and include the following:

  • Being convicted and sentenced to a period of imprisonment or detention (unless the sentence is suspended);
  • Being the subject of a deportation or exclusion order, or the subject of an exclusion or removal direction;
  • Being in the UK without permission (though there are a number of exceptions to this);
  • Excessive absences – i.e. your residence is not "continuous" as set out above.

Continuous Residence Requirement: "Lawful" Residence

The third element is that residence must be "lawful". During periods where any of the following scenarios apply, you are not regarded as "lawfully" present in the UK, and the period does not count towards your 3- or 5-year qualifying period:

  • You are imprisoned or detained following conviction;
  • You are subject to a deportation or exclusion order, or to an exclusion or removal direction;
  • You do not have permission to be in the UK (though, again, there are exceptions to this).

4. Contact our Immigration Barristers

For expert advice regarding Global Talent visas, indefinite leave to remain, and satisfying "continuous residence" requirements, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.

5. Frequently Asked Questions

What is "continuous residence" for Global Talent ILR?

Continuous residence refers to the requirement of spending an unbroken, lawful period of 3 or 5 years in the UK, depending on your visa type and endorsing body.

How long do I need to stay in the UK to qualify for ILR on the Global Talent route?

The required period is either 3 or 5 years, depending on the endorsing body or visa type.

Who qualifies for the 3-year continuous residence period?

Migrants endorsed by the Royal Society, British Academy, Royal Academy of Engineering, UKRI, or as "exceptionally talented" by Arts Council England or Tech Nation, and those granted visas based on prestigious prizes.

Who qualifies for the 5-year continuous residence period?

Migrants endorsed as "exceptionally promising" by Arts Council England or Tech Nation.

Can I combine time spent under different visa categories to meet the qualifying period?

Yes, you can mix and match time spent under various visa categories, including Global Talent, Skilled Worker, Innovator Founder, and others.

What is the 180-day absence rule for continuous residence?

You must not have been outside the UK for more than 180 days in any rolling 12-month period, with some exceptions.

What exceptions apply to the 180-day absence rule?

Absences for humanitarian crises, travel disruptions, compassionate personal circumstances, and research activities for certain endorsements are not counted.

What can break continuous residence?

Factors such as imprisonment, deportation orders, being in the UK without permission, and excessive absences can break continuous residence.

What is lawful residence for Global Talent ILR?

Lawful residence refers to periods where you have valid permission to be in the UK and are not detained, deported, or in violation of immigration laws.

Do I need to provide evidence for absences related to research?

In most cases, endorsements from recognized bodies may not require documentation for research-related absences, but it's advisable to provide evidence to avoid risks of refusal.

6. Glossary

ILR (Indefinite Leave to Remain): A form of immigration status that allows individuals to live and work in the UK indefinitely, without the need for further visa applications. It is also known as "settlement."

Global Talent Visa: A UK visa for highly skilled individuals in fields such as science, engineering, humanities, medicine, digital technology, and the arts, allowing them to work in the UK without the need for a job offer.

Qualifying Period: The length of time that an individual must spend continuously in the UK under certain visa categories in order to qualify for ILR. This can be either 3 or 5 years for Global Talent migrants, depending on their endorsement.

Endorsing Body: An organisation or institution that endorses an applicant for the Global Talent visa, confirming their exceptional talent or promise in a particular field. Examples include the Royal Society, British Academy, UKRI, Arts Council England, and Tech Nation.

Exceptionally Talented: A designation given to applicants for the Global Talent visa who are internationally recognised as leaders in their field. This can allow for a shorter qualifying period (3 years) for ILR.

Exceptionally Promising: A designation for applicants with potential to become leaders in their field, but who may not yet be recognised as such. These migrants generally have a 5-year qualifying period for ILR.

Continuous Residence: The requirement that an applicant must have lived in the UK for a continuous, uninterrupted period in order to qualify for ILR. Absences must not exceed 180 days in any rolling 12-month period, with some exceptions.

Lawful Residence: Refers to time spent in the UK under valid immigration status, without any breaches of immigration laws or conditions.

Unbroken Residence: Residence that has not been interrupted by certain events such as imprisonment, deportation, or spending excessive time outside the UK.

Absence Rule (180 Days): A rule stating that Global Talent migrants must not be absent from the UK for more than 180 days in any rolling 12-month period during their qualifying period for ILR. Exceptions can apply.

Rolling 12-Month Period: A time frame used to calculate absences, where each 12-month period is measured from the current date backward, rather than being tied to calendar years.

Humanitarian or Environmental Crisis: Circumstances such as natural disasters, military conflicts, or pandemics that may prevent a migrant from returning to the UK. Absences due to such crises are generally not counted toward the 180-day absence limit.

Compelling or Compassionate Personal Circumstances: Personal situations such as life-threatening illness or the death of a close family member, which may justify absences from the UK without breaking the continuous residence requirement.

Crown Service: Service performed by individuals who work for the UK government, including members of the armed forces or the British Council. Absences from the UK due to accompanying a partner on Crown service may be exempt from the 180-day rule.

Research Activity: Activities related to academic or scientific research that may be conducted outside the UK. For Global Talent migrants endorsed by specific bodies like the Royal Society or UKRI, absences for research are often exempt from the 180-day rule.

Appendix Global Talent: Prestigious Prizes: A list in the Immigration Rules that includes internationally recognised prizes. Winning one of these prizes can automatically qualify a person for a Global Talent visa without needing an endorsement.

7. Additional Resources

Home Office: Immigration Rules Appendix Global Talent

Detailed Immigration Rules relating to the Global Talent visa, including endorsements and prestigious prizes.

UK Research and Innovation (UKRI) – Global Talent Endorsements

Information about UKRI's role as an endorsing body for the Global Talent visa, specifically for research applicants.

Royal Society – Global Talent Visa Endorsement

Guidelines from the Royal Society on how to apply for endorsement as a science researcher under the Global Talent visa.

Arts Council England – Global Talent Endorsement

Information about how Arts Council England endorses applicants from creative sectors for the Global Talent visa.

Tech Nation – Global Talent Visa for Digital Technology

Explains the process and requirements for obtaining endorsement in the digital technology sector through Tech Nation

British Academy – Global Talent Endorsement

Information on how the British Academy supports scholars in humanities and social sciences for Global Talent endorsement.

Royal Academy of Engineering – Global Talent Endorsement

Provides information for engineers applying for endorsement through the Royal Academy of Engineering.

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.

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