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From 9 August 2011 a new route for exceptionally talented migrants in the fields of science, arts and humanities who wish to work and eventually settle in the UK comes into force.
The applicant has to show the international recognition as one of the world leaders in his field or that he shows exceptional promise to become one of such leaders.
Limit on Exceptional talentapplications
The UK government has limited the number of applications that can be made under Tier 1 (Exceptional talent).
Every initial application must be endorsed by a 'designated competent body'. There is a limit of 1,000 endorsements between 6 April 2012 and 5 April 2013. The endorsements will be assigned to the designated competent bodies in 2 phases: 500 will be available from 6 April 2012 to 30 September, and the second 500 from 1 October 2012 to 5 April 2013.
Initial application
Applicants are required to score 75 points in total to successfully apply for this visa.
The points are awarded to those who are endorsed by a designated Competent Body, expert within these fields.
The endorsement should be dated no earlier than 3 months prior to application.
The role of the Competent Body is to vouch to the UK Border Agency that in their opinion the migrant is exceptionally talented. There is no single definition of “exceptional talent” and each such Competent Body set its own criteria to select those who will qualify for endorsement as well as sets out its procedures for receiving and processing requests for endorsements.
At present there are four Competent Bodies:
Arts Council – for arts and culture applications
The British Academy – for humanities and social science applications
The Royal Society – for natural sciences and medical science research applications
The Royal Academy of Engineering – for engineering applications.
Eligibility and Assessment Criteria of Arts Council are given here
Eligibility and Assessment Criteria of The British Academy, The Royal Society è The Royal Academy of Engineering are given here
The Exceptional Talent visa is only available to those applying from outside the UK.
Tier 1 Exceptional Talent migrants cannot switch into another category within the UK.
There are no English language or maintenance requirements for initial application under this category.
Dependants
Tier 1 (Exceptional Talent) migrants will be able to invite their spouse / unmarried partner / civil partner and children under 18 years of age to join them as dependants. The dependants will be given full rights to work in the UK apart from working as a Trainee Doctor.
Duration of visa and settlement
First time applicants will be given 3 years and 4 months visa. Further applicants will require visa extension for 2 years to enable them to complete five years residence in the UK and apply for ILR.
Extension Application
Applicants are required to score 85 points in total to successfully apply for extension. Attributes:
- The applicant is economically active in their expert field as previously endorsed by a Designated Competent Body, in employment or self-employment or both; and that Designated Competent Body has not withdrawn its endorsement of the applicant – 75 points
- Evidence to prove that the applicant speaks English to the required standard (B1) – 10 points
What services can we offer?
- We can advise on the procedure, requirements and merits of making an application t o UKBA /a British Diplomatic post.
- We can advise and represent our clients in making representations in support of their immigration matters.
- We can advise and represent our clients’ dependant s to seek dependant visas in line with the visa of the main applicant.
- We can offer a Super Premium Service where the Home Office will visit the applicants in order to process the applications within 24 hours (for further leave to remain only).
- We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s entry clearance application is turned down for some reason.
- We can advise in making permanent residence (ILR) applications for those who have already completed their five years residence period in the UK.
Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of the immigration matters of our clients.
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