Global Talent ILR

[ghourikhanzafar]

Hi everyone,

I have a question from experienced folks to respond.

According to the UKVI: If you have a Global Talent visa, time you’ve spent outside the UK doing work related to your job may not count towards this 180-day limit. This rule applies if you were endorsed by the Royal Society, Royal Academy of Engineering, British Academy or UK Research and Innovation. It also applies if you did not need an endorsement for your visa because you had won an eligible award in the fields of science, engineering, humanities or medicine.

Now my questions are:

(1)I have a Global Talent visa endorsed by the Royal Academy of Engineering and I am working outside the UK in the same profession as the endorsement, does my employer need to be UK-based in order to be exempt from the time limit?

(2)Is there any official explanation with more details about this passage?For example, details of conditions for exemption from time limits, supporting materials, etc.

Looking forward to answers from friends who know the situation.
Thank you very much.

[lolo2]

The guidance for calculating continuous period for ILR says:

Employment outside of the UK

If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken.

The GTV is a work-type visa to work in the UK.

My interpretation is that if someone gets a GTV to work as a researcher and then decides to go and work in a third-country as a researcher for an organisation based in that country, it's obvious that that person is not working or residing in the UK.

Another requirement for ILR under the GTV route is to demonstrate earning money in the specialist field (in the UK). Someone who has been always working abroad will not be able to prove that.

[ghourikhanzafar]

Dear Lolo2,

Many thanks for your response. What about if the employment outside the UK in the same field of endorsement was just over the 180 days (194 days)?
With the proof of significant earnings in UK before applying ILR?.

[lolo2]

That's in line with what I commented before, I'll add some elements for more clarity.

... if someone gets a GTV to work as a researcher (in a specific field) and then decides to go and work in a third-country as a researcher (in the same field) for an organisation based in that country, it's obvious that that person is not working or residing in the UK.

To me there is no ambiguity here - others could have a different view. If you have a GTV and you're not working, living nor making any contribution to the UK, I don't see how just holding a GTV can be considered for ILR.

The earnings in the field have to be in the UK, at any time during the GT leave.