Global Talent Visa Legal Associate – Digital Tech

This article will answer some of the most frequently asked questions about the Digital Technology route of the Global Talent visa.

• What is a Global Talent Visa Tech Nation Endorsement for Digital Technology?

  If you wish to apply for a Global Talent visa, under the digital technology route, you must first obtain an endorsement from Tech Nation, the appropriate endorsing body for digital technology applicants. Without this endorsement, the Home Office will refuse your visa application under the Global Talent route, unless you hold a top award in the field of digital technology, in which case endorsement is not required. It is important to note that there is no longer a limit on the number of endorsements that Tech Nation can provide. Tech Nation will apply strict criteria when determining whether you are, or have the potential to become, a world leader in the digital technology field.

• Should I Apply for Exceptional Talent or Exceptional Promise Under the Global Talent Visa?

  Applicants who choose to apply under the Exceptional Promise criteria are likely to be earlier in their career, with five years’ experience or less. If you have more than five years’ experience in the tech sector, you would likely be considered under the Exceptional Talent criteria. Tech Nation decision-makers will establish whether your skills and achievements meet the necessary criteria and whether you should be endorsed for Exceptional Talent or Exceptional Promise. However, you must select which criteria you wish to be decided under in the application form. Tech Nation will consider factors such as the length of time you have worked in the sector, internal and external reputation, and any significant contributions you have made to the field.

• Am I a Technical or Business Applicant Under the Global Talent Visa (Digital Technology)?

  When applying under the Global Talent route, there are two types of applicants: technical and business.

  • Technical Applicants

    Technical applicants must be able to demonstrate proven technical expertise with the latest technologies in building, using, deploying or exploiting a technology stack, and building technical infrastructure. Examples include, but are not limited to: DevOps / SysOps engineers, principal software engineers/developers, data scientists, cybersecurity professionals and those with CTO/VP engineering experience.

  • Business Applicants

    Business applicants must demonstrate proven commercial, investment, or product expertise in building digital products or leading investments in significant digital product businesses. This includes senior sales experts, product managers, and C-suite executives (CEOs, CMOs, CROs).

  Ineligible Specialisms: The following specialisms and job roles are generally not considered suitable for endorsement under Digital Technology: consultancy, service delivery, corporate roles of experience managing large corporate teams, junior investors/analysts, business skills applying to in-house work within a digital technology company such as agencies, outsourcers, marketing firms etc.

• What Evidence Is Required for a Global Talent Visa Tech Nation Endorsement?

  These will depend on whether you are applying under Exceptional Promise or Exceptional Talent. In either case, you will have to demonstrate you meet the mandatory criterion and two of the optional criteria. Our UK Global Talent: Digital Technology page contains an overview of the specific Eligibility Criteria for Tech Nation endorsement. With your application, you can provide up to 10 pieces of evidence to satisfy the eligibility criteria. This evidence will vary depending on your field of specialisation. The following documents must be included in addition to the 10 pieces of evidence: the completed Tech Nation application form, a personal statement, a CV, and 3 letters of recommendation.

• Can I Bring My Partner and Children on a Global Talent Visa?

  The partners and children (aged under 18) of Global Talent (including Tier 1 (Exceptional Talent)) Migrants can apply for entry clearance, permission to stay and to settle in the UK. You must make a valid application on the correct Dependant partner visa or Dependant child visa forms, and be granted entry clearance before you arrive in the UK.

• When Can I Apply for Indefinite Leave to Remain (ILR) on a Global Talent Visa?

  You will be on a route to settlement under this visa. The qualifying period depends on whether the visa is granted under Exceptional Talent (3 years) or Exceptional Promise (5 years). You can apply for a visa of up to 5 years. Global Talent visa holders can also combine time spent under the following visa categories: Global Talent, Innovator, Skilled Worker (including Tier 2 (General), Tier 2 Minister of Religion, Tier 2 Sportsperson, or Tier 1 Migrant other than Tier 1 (Graduate Entrepreneur).

• Is There a Cap on the Number of Global Talent Visas Available?

  The Global Talent category is not subject to a cap on the number of applicants.

• How Long Does the Global Talent Visa Application Process Take?

  Your Global Talent application will be a two-stage process.

  • Stage 1: Applying for Endorsement

    Stage 1 can take up to 8 weeks to be processed, and costs £561 at the time of writing. This costs £205. The Home Office will consider your immigration history and any grounds for refusal. You must not fall for refusal under the general grounds such as criminality or past immigration breaches. Your endorsement must not have been withdrawn, and Tech Nation must continue to be approved by the Home Office as an endorsing body. There are no English language or financial requirements. You must also pay the Immigration Health Surcharge which is £1,035 per year. The Immigration Health Surcharge must be paid upfront for your entire period of permission i.e. £3,105 for 3 years’ permission and £5,175 for 5 years’ permission. This stage ordinarily takes 3 weeks if applying from outside the United Kingdom, and 8 weeks if applying from within the UK. For an additional £500 you can select priority service which shortens the processing period to 5 working days. For an additional £1,000 you can select super priority service which means you will usually get a decision by the end of the next working day. You will need to check at the relevant time of applying if priority processing is available as it has not been available continuously. It is possible to apply for both Stage 1 and 2 at the same time, which may speed up the process, but you should be aware that if Stage 1 is refused, then Stage 2 will also be refused.

• Can I Switch to a Global Talent Visa from Within the UK?

  If you are applying for permission to stay on the basis of Global Talent you must be in the UK and must not have, or have last been granted, permission as: A Visitor; or A Short-term Student; or A Parent of a Child Student; or A Seasonal Worker; or A Domestic Worker in a Private Household; or Outside the Immigration Rules. If you hold leave in any of the above categories then you will be required to leave the UK and submit a Stage 2 application for the Global Talent visa from your home country. You can, however, make the Stage 1 endorsement application from within the UK.

• Can I Apply for the Fast-Track Global Talent Visa with a Digital Technology Award?

  If you hold a top award in the field of digital technology, you will be able to live and work in the UK more easily. The Home Office published a list of prize winners who are eligible to use the Fast-Track Global Talent route. The two prizes that qualify for this are the ACM Prize in Computing, and the Turing Award, both awarded by the Association for Computing Machinery (ACM).

• What Happens If My Global Talent Visa or Tech Nation Endorsement Is Refused?

  The Stage 1 endorsement application is not counted as an immigration application. Therefore, if you are refused this will not have any impact on your immigration history. However, the Stage 2 visa application is an immigration application. Therefore, if your application is refused you will need to disclose the refusal on all future immigration applications.

Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.