How to convince a University that ATAS is not required for a Global Talent Visa?

Hi everyone,

I have a job offer from a Russel Group UK university as an Assistant Professor.

I had first decided to apply for the Skilled Worker Visa. As a prerequisite for this visa, I applied for the ATAS (Academic Technology Approval Scheme) clearance which was rejected. Subsequently, I recently received an endorsement from the Royal Society via peer review for the Global Talent Visa and am currently in the process of applying for this visa.

According to the official UK website about visa sponsorship for employers ATAS is not required for GTV. However the University insists that the GTV does not make a difference and they still await the ATAS outcome.

I have shared the link above with the university. Additionally, I am exploring other ways to demonstrate that obtaining the Global Talent Visa would permit me to work at any UK university and engage in research activities in accordance with UK immigration regulations, and that ATAS is not relevant for this visa route. Could you please suggest any effective approaches for this? Thank you.

Read the guidance: ATAS scheme

lolo2 wrote: ↑

Fri Aug 30, 2024 12:40 pm

Read the guidance: ATAS scheme

Yes, I have read the guidance. Is there anything in particular which strengthens (or weakens) the argument from my question: ATAS is not required for GTV?

To clarify my question, the university's main concern appears to be my previous ATAS refusal, and they seem uncertain about the UK guidelines in this situation. Here is a summary of my circumstances:

I applied for an Academic Technology Approval Scheme (ATAS) certificate in July 2023, which was refused. This application was related to a job offer at the University of ABC.
I have recently received an endorsement from the Royal Society via peer review for the Global Talent Visa and am currently applying for this visa.

Given these circumstances, I would like to confirm:

After obtaining the Global Talent Visa, will I be permitted to work at a UK university (including the University of ABC) and engage in research activities in compliance with UK immigration regulations? Is there a way to obtain written confirmation of this from a UK government body?

I have called UKVI, and they confirmed that this situation is allowed. However, when I submitted a written query to UKVI Visa Queries, I only received a response directing me to guidance materials, advising me to seek independent immigration advice for further clarification.

Mario420 wrote: ↑

Thu Sep 05, 2024 1:30 pm

To clarify my question, the university's main concern appears to be my previous ATAS refusal, and they seem uncertain about the UK guidelines in this situation. Here is a summary of my circumstances:

I applied for an Academic Technology Approval Scheme (ATAS) certificate in July 2023, which was refused. This application was related to a job offer at the University of ABC.
I have recently received an endorsement from the Royal Society via peer review for the Global Talent Visa and am currently applying for this visa.

Given these circumstances, I would like to confirm:

After obtaining the Global Talent Visa, will I be permitted to work at a UK university (including the University of ABC) and engage in research activities in compliance with UK immigration regulations? Is there a way to obtain written confirmation of this from a UK government body?

I have called UKVI, and they confirmed that this situation is allowed. However, when I submitted a written query to UKVI Visa Queries, I only received a response directing me to guidance materials, advising me to seek independent immigration advice for further clarification.

Your situation is quiet unique here. As per various UK universities' guidelines on ATAS requirement for work, the ATAS guidance itself, and the caseworker guidance for GTV, one ONLY needs ATAS on GTV for study and not for work. Not only this is evidenced in the caseworker guidance for the GTV, but also in the ATAS guidance itself that Academic researchers need ATAS for work only on the Skilled Worker, Global Business Mobility, Tier 5 International Agreement, Government Authorised Exchange routes, and if coming to the UK as a visitor. Various universities have also published related Q&A documents on ATAS such as the following clarifying the point:
Do I need an ATAS certificate?
You will need an ATAS certificate where you meet all 4 of the following criteria:
1) Visa type
You are submitting an initial or extension application in one of the following visa categories:
• Sponsored staff applying for a Skilled Worker visa; or
• Sponsored Researchers applying for a Government Authorised Exchange visa; or
• Visitors applying for a Visitor visa where research as part of a permitted activity is subject to the ATAS condition
OR
You already hold a relevant immigration status (Tier 2/Skilled Worker/Tier 5/Government Authorised Exchange/Tier 4/Student Visa) and will be undertaking new/additional/different research activity from your current research/study
If you are applying for another visa type e.g. Global Talent Visa, you do not require ATAS clearance.

So you are right that you do not need ATAS for the position. Yet you have unintentionally put yourself in an uncommon situation. Because according to the University of Bristol (I assume this is the same for other universities as well):
Q: If an applicant has been refused an ATAS certificate, can they apply for a Global Talent Visa (GTV)?
A: ATAS is not yet a requirement of the Global Talent visa route, however most routes to endorsement for the GTV require a letter of guarantee from the university which we will not provide if we are aware an ATAS has been refused. This is the recommended course of action from UKVI and the FCDO who are responsible for the ATAS process.
This means that as per the UKVI recommendation, while it is legal for you to work in that position, that specific university is encouraged to not provide a letter for other GTV routes, which in my opinion also could mean that they are advised to not hire someone with a refused ATAS for that specific position. (this is only my impression as per the above Q&A and I think the university is entitled to either refuse to hire based on recommendation from the UKVI as it is a recommendation, or just hire you, but it seems logical that if the UKVI has recommended as such for the letter required for other GTV routes, the university would also be reluctant to hire even if you secure GTV via peer review).
I think you need to simply apply for any other position in the UK with your unlimited right to work in the GTV, if this specific position has been tied to the ATAS.