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Friday, 30 August 2013

Tier 1 Exceptional Talent visas

For migrants from outside of Europe who are classed as world class exponents of the fields of science, humanities, engineering or the arts, who are intending to perform a period of work in the UK an Exceptional Talent Visa UK is required.  This type of visa is evaluated by the means of the UK Border Agency points system, and is specifically for overseas applicants that are not part of the EEA (European Economic Area), or a Swiss national.  It is recommended that before applying, and with the help of an immigration lawyer, the policy guidance notes for this type of visa are read through carefully in order to check the person is applying for the correct type of visa.

Border Agency guidelines

All applications for an exceptional are subject to the general grounds for refusal.  This means that, even if the person qualifies under their relevant category, any previous immigration issues (such as a past visa refusal or a deportation) could warrant a refusal from the UK Border Agency.  For a successful application under the UK Border Agency points system, 75 attribute points must be scored for entry clearance.  In order for a person to qualify for indefinite leave to remain under a Tier 1 exceptional talent visa, they must score 75 points on attributes, and a further 10 points must be scored for English language.  Points are also awarded depending on the assessment and judgement of a ‘designated competent body’.

A ‘designated competent body’ is an organisation that has world class authority in their respective fields.  There are four organisations that are registered with the UK Border Agency as each being a ‘designated competent body’.  The four companies are The British Academy, (for humanities and social science applications), the Arts Council England (arts and cultures), the Royal Society (natural and medical science research) and The Royal Academy of Engineering for engineering applications.    

The appropriate designated competent body will be asked by the UK Border Agency if they are willing to endorse the person and their application.  The criteria for deciding whether a person is classed as being exceptionally talented can be discussed with experts at our immigration law firm.  Getting one of these visas is not easy, and there is a limit of only one thousand permitted this year, so the help of immigration lawyers can strengthen the case for application.

Extension

For an extension application for the person to remain in the UK for a further period of time, it must be shown that the person has earned money through the result of self-employment or employment in the field for which they have been endorsed.  All documents that are required should be sent as originals and not copies, and proof of income, current financial status and identity will be required.  For an extension on a Tier 1, the applicant must also pass an English language test.  English is the most widely spoken language in the UK and knowing the language to a good working level is considered important for successful integration.  As immigration solicitors we know that this type of process may appear time-consuming and complex, and that is why we offer expert guidance and support for many cases concerning immigration law.

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