Can You Settle in the UK with Global Talent Visa? (1 of 2)
Yes, you can! Provided, of course, you meet three elements of your settlement application.
Before we look at these three elements, let us, first of all, analyse what the term ‘settlement’ means.
Settlement is also known as Indefinite Leave to Remain. It is a legal term, which defines the process of becoming an ‘ordinary resident’ in the UK. It is a ‘visa’ without any immigration restrictions.
What restrictions (also known as conditions) can the Home Office impose on your stay? In almost all cases, the UKVI will impose a ‘no recourse to public funds’ condition on your stay in the UK.
Also, very often, if your country is on the special list, you’ll be requested to register with the police. You’ll also need to keep them informed any time you change your address.
And, of course, all visas are limited in time. When they are not – they are called Indefinite Leave to Remain.
The Darlings of the Home Office
Global Talent Visa holders are the darlings of the Home Office. The majority of work-related visa holders can generally apply for Indefinite Leave to Remain only after holding their work-related visa for five years. Exceptional Talent visa holders can settle in the UK only after three years.
Global Talent Migrants in the Exceptional promise category can apply for Indefinite Leave to Remain after five years.
Also, there are relatively fewer rules, which you need to meet if you are applying for Indefinite Leave to Remain in the Global Talent Immigration category.
Let us have a look at them.
Three Key Elements
There are three key elements of a successful Global Talent Indefinite Leave to Remain visa application:
- The Suitability Requirements
- The Eligibility Requirements
- The Procedure
You Can Settle in the UK with Global Talent Visa if You Meet the Suitability Requirements
The decision-makers will always start considering Indefinite Leave to Remain applications with ensuring that you meet the Suitability Requirements. In other words, that you are not caught by any General Grounds for Refusal.
There are two types of General Grounds for Refusal: mandatory and discretionary. If any mandatory grounds for refusal applies to you – the decision-maker has no choice and need to refuse your application.
If you are caught by any discretionary grounds for refusal, this means, as the term suggests, the Secretary of State can either allow or refuse the application. In other words, they have discretion.
Let us have a look at:
You Can Settle in the UK with Global Talent Visa if You are not Caught by Mandatory Grounds for Refusal
The Indefinite Leave to Remain application will always be refused if a person has been convicted of an offence for which they have been sentenced to imprisonment for at least four years.
If their conviction was for less than four years, but for more than 12 months, they’ll need to wait for at least 15 years before applying.
If there was an offence for which they have been sentenced to imprisonment for less than 12 months, than the waiting period is seven years.
They’ll need to wait for at least two years before applying for Indefinite Leave to Remain if they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.
Discretionary Grounds for Refusal
The Home Office may refuse your Indefinite Leave to Remain application if you made some false representations or did not disclose some material facts when applying for a previous visa.
Also, if you did not comply with some conditions, which the Home Office attached to your current, or previous visa. It may happen when, for example, you claimed benefits. It is despite having a ‘no recourse to public funds’ condition attached to your visa.
Undesirable for Other Reasons
There is a provision, which allows the Home Office to refuse your Indefinite Leave to Remain application if he becomes undesirable. It may happen because of ‘his conduct, character or associations or the fact that he represents a threat to national security’.
It can also happen where the person’s offending has caused serious harm. This same rule applies to ‘persistent offenders’ who show a particular disregard for the law. It is possible when a person has been charged with several non-custodial sentences within a short period.
The Secretary of State can also refuse your application on discretionary grounds if they asked you to provide some information or attend an interview and you did not do this.
The UKVI may also refuse the application if you have any unpaid debts to NHS, which exceed £500. It is unlikely to be the case with you. It is because you’ll cover your NHS costs through the Immigration Health Surcharge scheme. You should have covered this when making your previous Global Talent Visa application.
The final reason for refusal on discretionary suitability grounds is when a person did not pay some litigation costs awarded to the Home Office.
Do These General Grounds for Refusal Apply to You?
As you we’ve seen, there are many General Grounds for Refusal. However, it is highly unlikely that any of them apply to you.
However, if you believe that you can be caught by any of these General Grounds for Refusal, you should never ignore them and take effective steps to correct the situation.
If one of more mandatory grounds for refusal applies to you, it is possible, that the only option you have, is to apply for further leave to remain until you become eligible to apply for Indefinite Leave to Remain.
Luckily, due to the unique nature of Global Talent visas, you can apply for visa extensions for an unlimited number of times.
With regards to discretionary reasons for refusal, you should not ignore them either, hoping that the Home Office will exercise the decision in your favour.
You need to do something about it if you can. For example, if you have some unpaid litigation costs – you need to repay them. If you cannot do much about them, at least you need to write a detailed letter in support of your Indefinite Leave to Remain application. In this letter, you’ll need to explain why the decision-maker should exercise the discretion in your favour.
However, generally, if any of the General Grounds for Refusal apply to you, I strongly suggest that you approach a competent immigration advisor for advice, before proceeding your Indefinite Leave to Remain application.
For part 2 of ‘Can You Settle in the UK with Global Talent Visa?’ article CLICK HERE.
If you would like to find out more about other routes of UK’s New Points-Based Immigration System, VISIT THIS PAGE.