5 February 2020

The Global Talent category is aimed at attracting “the brightest and the best” and is part of the Prime Minister’s vision to “cement UK as a science superpower”. It is defined in the Immigration Rules as being the category for “talented and promising individuals in the fields of science, engineering, medicine, humanities, digital technology and arts and culture…wishing to work in the UK” . Those that are familiar with the current Tier 1 (Exceptional Talent) category will note the similarities with this existing route and whilst it indeed creates more beneficial conditions for ’globally talented’ professionals – especially in the fields of science, engineering, humanities and medicine, it does also appear in many aspects to have been a re-branding exercise by the government.

What is the impact of this new category?
The Home Office removed the cap on applications under the “new” category, in a largely symbolic move, as the cap under the Tier 1 (Exceptional Talent) route has never been hit and would unlikely be hit due to the central role of “endorsing bodies”.  Under this category (and similarly under the Tier 1 (Exceptional Talent) category), applicants must first be endorsed by a third-party specialised body and can only apply once this endorsement has been secured. Having limited capacity and being highly selective, it is these bodies who are ultimately deciding the number of applicants, not the formal cap.

The principal change appears to be for those individuals who are applying within in the fields of science, engineering, humanities and medicine. As announced earlier in January 2020 (and written about in one of our previous blogs) an additional accelerated route to obtaining an endorsement has been introduced for individuals hosted or employed in a UKRI-approved UK research organisation providing critical contributions to work supported by a substantial research grant or award from an endorsed funder. The current Tier 1 (Exceptional talent) category already foresaw two “fast-track” routes, providing automatic endorsement by a body if they had either been offered an approved research fellowship or award or if they were appointed to an eligible senior academic or research position at an approved UK Higher Education Institution or research institute.

Faster routes to settlement are also being introduced, again mostly benefitting those applicants who have been endorsed within the fields of science, engineering, humanities and medicine. Individuals endorsed within these specialisms can apply for indefinite leave to remain in the UK (ILR) after three years (whereas previously only those who had met the criteria to be endorsed as having exceptional talent rather than exceptional promise could apply for ILR after three years). On the other hand, those previously given an endorsement under the exceptional promise criteria for the Arts Council or Tech nation will still need to wait for five years to apply.

Notably, for those endorsed within the fields of science engineering, humanities and medicine their absences overseas will not be counted towards the ILR absence limit; provided that the purpose of the absence is linked to their endorsement (for example an absence to undertake research in their field).

Prior to the launching of the “Global Talent Visa” time could not be amalgamated between the categories within Part 6A of the Immigration Rules (the points-based system) and the categories in Appendix W to reach the required period of residence for ILR. With the Global Talent category, the Home Office broke this pattern, hopefully indicating that a more flexible approach will be taken in the future regarding the ability to switch between categories and amalgamate time for ILR. Now time spent as a Tier 1 migrant (excluding Tier 1 (Graduate Entrepreneur) migrants or Tier 1 (Post-Study Work) migrants) or as a Tier 2 (General) migrant or in the Innovator category will count towards ILR under the Global Talent Visa.

Interestingly, the Home Office has lifted the category out of the current points-based system and brought it under Appendix W, amongst two other recently created categories (Start Up and Innovator) which do not work on a points basis. As this category for highly skilled professionals was the most suitable one to be incorporated in a system awarding points for skills, instead of a job offer-based system, it becomes highly doubtful that the government is serious about transforming the UK immigration system in an Australian-style points-based system.

The Statement of Changes is undoubtedly good news for academics and an elite group of highly exceptional people (especially those within the fields of science, engineering, humanities and medicine). However, the government will need to do a lot more than the current re-branding of the Tier 1 (Exceptional Talent) category if it wishes to remedy the expected workforce shortages post-Brexit.