Tier 1 Exceptional Talent: from inside or outside UK?

[dminus]

Can someone please if someone already living and working in UK can apply for Tier 1 Exceptional Talent?

On one side, http://www.ukba.homeoffice.gov.uk/visas ... lent/fees/# says “You cannot apply under Tier 1 (Exceptional talent) if you are already in the UK.” On the other side, http://www.ukba.homeoffice.gov.uk/sitec ... -guide.pdf says “Please be advised that you should not make plans to travel outside of the Common Travel Area whilst your application is under consideration.”

I guess the confusion arises from how to define what it means “already in the UK.” Several possible scenarios come to mind: for example, can the applicant, who is currently on a Tier 2 (work permit), stop working for a current employer, leave the country and apply from outside? Should any time pass before the application can be made? If the application is not successful and the employer does not mind, can the applicant return and resume working? Would it be necessary to obtain Tier 2 again for that? Etc.

It seems it may be quite a typical situation. Someone with qualifying skills comes on a work permit and after a few years realizes that he/she would prefer unrestricted employment on Tier 1. Assuming that he/she qualifies for Tier 1 Exceptional Talent, why should the current employer suffer the work interruption in order for the applicant to go abroad and to wait there for the application to be considered? It sounds very logical that most of the people who would qualify and be interested in Tier 1 are already in UK. What is the point of sending them temporarily abroad?

[Lucapooka]

Already in the UK refers exclusively to extensions.

Guidance:
24. There is no provision in the Immigration Rules for a person already in the United Kingdom in another category of stay to switch in-country into the Tier 1 (Exceptional Talent) category.

Rules:
245BD. Requirements for leave to remain
To qualify for leave to remain as a Tier 1 (Exceptional Talent) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
[...]
(d) The applicant must have, or have last been granted, entry clearance, leave to enter or remain as a Tier 1 (Exceptional Talent) Migrant.

[dminus]

Thank you for pointing it out! However, this only answers my questions in the first paragraph. What's about the rest? Can anyone add to this? Any thoughts?

[bustednotch]

Hi dminus
I applied for the Tier 1 Exceptional Talent Visa in September from outside the UK in Canada. I was refused the visa. My designated competent body was the England Arts Council. Are you thinking of applying? If so under what body?
As I'm sure you know, there is next to no information on this online and I'm trying to find others that have applied or are thinking of applying so I can improve my portfolio in the next couple of years before I apply again.

Any help would be great, and good luck!

[dminus]

I am in Sciences. Was it Home Office or the Arts Council that did not approve your application?

[bustednotch]

It was the Arts Council.
Pretty interesting article I found on the subject - http://www.manifestoclub.com/node/863

Have you applied yet? What country would you be applying from?

[dminus]

I have no idea about the country. I am in UK right now, and I don’t think my employer will be too happy if I go abroad to wait a few months while my case is approved. That is why my original post. As far as qualifying, I do not think that should be a problem since I already had a similar visa (O1) for US in the past. They did not make me to go abroad to apply though.

[quote="bustednotch"]It was the Arts Council.
Pretty interesting article I found on the subject - http://www.manifestoclub.com/node/863

Have you applied yet? What country would you be applying from?[/quote]