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ILR for global talent: not working in endorsed field.
Posted: Sat May 18, 2024 6:47 pm
by Scientist 123
Hi All, a little help would be really appreciated. I came in UK on tier 2 and then after 4 months ( in the same job ) got switched to Global Talent from UKRI endorsed funder route which allows applying for ILR after 3 yrs. Worked in the "biology" area ( same job where I got the endorsement for) for about 6 months and moved to compute science domain Data science in Banking. Its been four years total in UK for me now.
My question:
1. There is a question on ILR application : "Relation of employment to expert field How is your employment or self-employment in the UK related to your specialist field or the prize you have won?"
I have no relation to it. Does it mean I can't apply on ILR while on Global Talent visa now?
2. If yes to above, then does it mean even after five years I can not apply to ILR while on the global talent?
3. Does it mean, as soon as I touch five years i.e after a year, ( My GT visa still has 1.5 years left), I have to switch to Skilled Worked Visa and apply for ILR while on skilled worked visa.
4. How to handle this?
Let me know if there is solution to this. thanks so much for reading through.
Re: ILR for global talent: not working in endorsed field.
Posted: Sat May 18, 2024 8:20 pm
by zimba
If you are not earning money in your expert filed, you may face issues.
Applicant has earned money in the UK in their expert field
The Immigration Rules (paragraph GT 13.1) do not require evidence to meet this
requirement. Applicants can provide any evidence as long as it is from an
independent source which can be verified if required. The Global Talent website
guidance gives a list of potential forms of evidence they may choose to provide, but
this is not exhaustive.
If the applicant provides a different form of evidence, you can choose to accept this if
you are content that it is independent and demonstrates they have earned money in
the UK in their expert field during their last permission. If you are not satisfied with
the evidence provided, you must contact the applicant to give them the opportunity to
provide a further acceptable form of evidence.
https://assets.publishing.service.gov.u ... 4.0ext.pdf
Re: ILR for global talent: not working in endorsed field.
Posted: Sat May 18, 2024 11:22 pm
by Scientist 123
thank so much for replying.
On that particular rule:
Question: "Have you earned money in your specialist field in your most recent period of leave on this route?"
Yes I have for 6 months.
Then there is this section:
Relation of employment to expert field
"How is your employment or self-employment in the UK related to your specialist field or the prize you have won?" : The present tense here is what is creating a problem. In the document, it seems it very clear that I must have earned money in expert field, But should I still be working in the expert or related filed to be eligible for ILR.
Re: ILR for global talent: not working in endorsed field.
Posted: Sun May 19, 2024 12:34 am
by zimba
The requirements are not worded strictly but the rules also require you to be still endorsed by the relevant endorsing body. Are they still endorsing you as you do not seem to be working in your field ??
Re: ILR for global talent: not working in endorsed field.
Posted: Sun May 19, 2024 9:01 am
by Scientist 123
I am assuming I am still endorsed, as I have not received any email otherwise from Home office or UKRI. My right to work online says it’s its active till 2025. I am bit afraid to ask UKRI that what is my endorsement status, if it withdrawn ( not informed to me), does it mean it my visa would get cancelled and need to leave in xyz days
Re: ILR for global talent: not working in endorsed field.
Posted: Sun May 19, 2024 4:16 pm
by zimba
The endorsing body may not report these changes to the UKVI. If you read the guide I shared above, you will see that UKVI will seek to verify your endorsement status with the endorsing body. If they no longer wish to endorse you, then your ILR cannot be granted. Note that you were granted a visa based on that endorsement and for the purposes of working in your expert field in the UK. Working in an irrelevant field
may not be in line with the purpose of the visa granted to you but I do not see that the rules restrict the field of your work:
GT 7.3. The grant will be subject to all the following conditions:
(a) no access to public funds; and
(b) work (including self-employment and voluntary work) permitted except for employment as a professional sportsperson (including as a sports coach); and
(c) study is permitted, subject to the ATAS condition in Appendix ATAS.
https://www.gov.uk/guidance/immigration ... bal-talent
Re: ILR for global talent: not working in endorsed field.
Posted: Mon May 20, 2024 6:35 pm
by Scientist 123
I think as far I understood- Working on different field /unrestricted work is one of the feature of the this visa. I do agree on Endorsement status, there is key difference here- Home office will check if I am still endorsed. Not that if I am still qualified to be endorsement. Unless My previous employees has asked to withdraw my endorsement UKRI would not. To me Jobs change/field changes is a feature, how does this feature impacts ILR process.
Even If my endorsement has been withdrawn -two possibilities: 1. I can’t extend my visa, and can’t apply for ILR 2. Is my right to leave becomes invalid. Which has not happened since last three years.
I could not find any written docs about exact impact of the endorsement withdrawal on legality of stay. I have seen tons of examples where folks moved around in different field.
Another thing is The “how is your employment related to expert field” seems sits under previous earning in expert field section ( when I click show all answers), so this tell me, this question is extension of the of “have earned money in the expert field”.
But not sure.
Re: ILR for global talent: not working in endorsed field.
Posted: Mon May 20, 2024 9:02 pm
by zimba
No visa is rendered invalid as a side effect unless your visa is curtailed or cancelled by the UKVI. If you are no longer endorsed, then you simply will not be able to get ILR or extend your visa under this route
Re: ILR for global talent: not working in endorsed field.
Posted: Mon May 20, 2024 9:28 pm
by Scientist 123
Do you think it is worth writing to
globaltalentvisa@ukri.org. for confirmation or to check if my endorsement is active? or that would open a pandora's box?
Re: ILR for global talent: not working in endorsed field.
Posted: Tue May 21, 2024 1:54 am
by zimba
Scientist 123 wrote: ↑Mon May 20, 2024 9:28 pm
Do you think it is worth writing to
globaltalentvisa@ukri.org. for confirmation or to check if my endorsement is active? or that would open a pandora's box?
You need to check this with the endorsing body.