Exceptional Talent - time remaining on prior visa

Hi there,

I'm new to this forum but I've had a look through the various posts (and read the full policy guidance numerous times) and still can't seem to get a clear answer, hence trying my luck with a post!

I'm currently in the UK on a Tier 5 (creative and sporting) visa and the end of the second year of it is late August 2015. Based on my work (I'm a freelance singer), my best bet for remaining in the UK for the long term is the Tier 1 Exceptional Talent/Promise visa. Now, I know I'm unable to switch from my current visa into the Tier 1 visa (assuming a successful application in this case) which leads me to two questions:

1. Is there a limit on the time remaining on my current visa in order to successfully apply for a T1 ET/P visa? Someone recently mentioned to me that he thought the maximum time allowed on the current visa is six months (i.e. not before late Feb 2015 in my case) but this is the detail I'm having particular trouble finding. I'd ideally like to be able to apply for endorsement in November or December and then the entry clearance part in January 2015.

2. Does applying for the endorsement from the Arts Council (stage 1) while in the UK and then leaving the country for stage 2 of the application constitute switching in any way? I'm assuming that leaving, applying in another country (probably Australia due to it being my home country) and then returning once I had clearance would in essence 'reset' me to my new visa without it being considered switching.

I'm planning to enlist the services of an immigration lawyer anyway but I just wanted to get a heads up about any issues that might be easily cleared up before spending the money!

I hope my post is clear enough to understand! I'm confused enough about 'switching' as it is so I wouldn't be surprised if I've overcomplicated it somehow.

Many thanks in advance for any help any of you might be able to offer!

Tom

If you're applying for a new visa outside the UK then it's not switching. Switching is changing status in-country.

I'm intrigued as to how you got a 12-month CoS and a subsequent 12-month extension in Tier 5. Do you have like a big record deal or something?

Sorry for the enormously delayed reply to this - it's the first time I've checked back since you responded!

Thanks for clarifying switching - as it is, I've applied for endorsement by the Arts Council as of two weeks ago (after much changing of plans due to the arrival of a baby) and provided all goes to plan, I'll be applying for stage 2 in Australia a week or two before the end of my current visa in late July so the overlap should be very tidy.

Regarding my current Tier 5 Creative & Sporting visa, I'm sponsored by Winchester Cathedral as a lay clerk (i.e. salaried singer) in the choir here. There aren't many cathedrals which have bothered to register as sponsors but I got lucky with timing as they had just registered for another Australian tenor immediately prior to the bass vacancy opening up!

Hmm, OK. Don't know how the cathedral got round the "resident labour market test" but let's assume it's all above board. Good luck with the Arts Council.

They advertised the job and auditioned numerous singers over a period of months so I assume that satisfied the criteria for the resident labour market test. Either way, however they did it must be above board because the head of HR is a stickler for details and honesty with the Home Office.

And thanks! I'll post an update when I hear back.

Quick update: I've been endorsed by the Arts Council! Heading back to Australia for stage 2 in July so smooth sailing from here on in, hopefully.

Flint wrote:Quick update: I've been endorsed by the Arts Council! Heading back to Australia for stage 2 in July so smooth sailing from here on in, hopefully.

Hi Flint. I was just wondering how long it took you to be endorsed after you submitted your application? And have you recieved your visa yet? I am submitting my application today for endorsement from Australia

Sarah

Final update: The whole visa process has been very smooth, and my wife, son, and I are now back in the UK for the next 5 years and 4 months on an Exceptional Talent visa

Sarah - the endorsement application took about 5 weeks, though that was from within the UK so there wasn't the postage delay there might be from Australia. Based on when you wrote, you'll probably hear very soon if you haven't already! Hoping it's good news for you! Were you applying from the Arts Council as well? What's your field?

Tom

Flint wrote:Final update: The whole visa process has been very smooth, and my wife, son, and I are now back in the UK for the next 5 years and 4 months on an Exceptional Talent visa

Sarah - the endorsement application took about 5 weeks, though that was from within the UK so there wasn't the postage delay there might be from Australia. Based on when you wrote, you'll probably hear very soon if you haven't already! Hoping it's good news for you! Were you applying from the Arts Council as well? What's your field?

Tom

Hi Tom,

Thanks for your reply and huge congratulations for getting your visa!

It's been 2 months and 6 days and I still haven't heard anything.. Do you know if there is a phone number that you can call to get a status on applications?

Thanks!

Sarah

Hi Sarah,

Thanks! Great relief on this end!

Any word back from the Arts Council yet? As far as I'm aware, there's no number you can call - you just have to wait it out, if you haven't yet heard.

Hopefully by now it's good news!

Tom

Flint wrote:Hi Sarah,

Thanks! Great relief on this end!

Any word back from the Arts Council yet? As far as I'm aware, there's no number you can call - you just have to wait it out, if you haven't yet heard.

Hopefully by now it's good news!

Tom

Hi Tom,

No, still no word It's been 3 months now and I've contacted the arts council, the home office in Australia and the home office in London and no word from anyone

Do you know of anyone else who has applied for this visa and how long they wanted to hear about getting an endorsement?

Sarah