Can I qualify for a UK Global Talent visa?
UK Global Talent visa has been in high demand over the past few years since it is an unsponsored route with a possibility to settle in the UK after 3 years for world-leading talents. Prospective applicants are often overwhelmed with the endorsement requirements as well as puzzled as to what documents can be provided in support of their application. And this is normal; simply because gaining the endorsement can significantly boost applicants’ career prospects.
Regardless of age or experience in your field of talent, you still have a shot at the endorsement. If you are looking to get an endorsement for the field of digital technology, the fundamental rule of identifying whether to apply for a “talent” or “promise” endorsement is the length of your work experience in the chosen field. Namely, if your professional experience in the field amounts to less than 5 years, you have a higher chance of being endorsed as a leading talent (“promise”). However, if the length of your experience is 5+ years, an application for a “talent” endorsement can be made. Remember that sometimes your achievements so far, such as innovations, creativity, or your significant contribution to the company’s growth, matter more than the length of your professional experience.
The next step is to identify whether you are a technical applicant or a business applicant. The examples of suitable skills are listed in the Tech Nation guidance, however, the list is not exhaustive. If you are at the forefront of the digital technology sector but you have not found skills that make you unique in your field, do not be discouraged. The best way to prove the Tech Nation’s independent panel that you are a leader or prospective leader in your field is to provide evidence of your skills and achievement thus far in relation to the relevant mandatory and two optional criteria.
Most importantly, remember that Stage 1 – endorsement application is not an immigration application. As long as you still have enough time on your current visa, there is absolutely no reason why you should not try your luck and test your chances of securing the well-desired endorsement.
The same principle works with other endorsing bodies, not only with the Tech Nation. Don’t fear failure. Be afraid of not trying.
Please note that requirements may vary from case to case based on the nuances of your situation, and the information on this page is not intended to replace legal advice.
Changes to the Immigration Rules announced on 10 September 2021: Skilled Worker, International Sportsperson, Global Talent, and more
This article will address some of the most noticeable upcoming changes to Immigration Rules that were presented to Parliament on 10 September 2021 (HC 617).
Coronavirus (COVID-19) concessions
Tier 1 (Entrepreneur) (come into effect on 6 October 2021)
Under COVID-19 concession, Tier 1 (Entrepreneur) migrants were able to extend their leave as long as they have created the equivalent of two full-time jobs for settled workers at the time of application. They did not have to demonstrate that the jobs have existed for a minimum of 12 months.
However, the 12-month minimum job requirement, in addition to the usual job creation requirement, needs to be met in order for applicants to qualify for settlement.
EU Settlement Scheme (come into effect on 6 October 2021)
From 6 October 2021, coronavirus-related absences from the UK for people with pre-settled status under the EU Settlement Scheme will cease to operate and will be replaced by changes to Appendix EU.
Skilled Worker route and Tier 2 Sportsperson route (come into effect on 6 October 2021)
Those, who applied for a Skilled Worker visa in the UK between 24 January 2020 and 30 June 2021, were allowed to start working for their sponsor while waiting for a decision on their visa application. The Home Office is now introducing changes to the rules so that in future settlement applications, the time applicants were waiting for their Skilled Worker visa would be counted towards the five years that are required for settlement as a Skilled Worker. This also applies to settlement applications as a Tier 2 Sportsperson.
International Sportsperson route (come into effect on 11 October 2021)
A new International Sportsperson route has been announced to replace both the Tier 2 Sportsperson visa and Tier 5 Temporary Worker – Creative and Sporting visa for professional sporting workers. This new route provides a dedicated visa category that is more straightforward for professional sportspeople and their sponsors. The route requires both an endorsement from a Sports Governing body and a Certificate of Sponsorship from a club. There is also a requirement to demonstrate English language ability for those who apply for a stay that exceeds 12 months.
Global Talent route (come into effect on 6 October 2021)
In the field of arts and culture, letters of recommendation required by the endorsing body must specifically come from well-established ‘arts and culture’ organisations. Also, changes will be made to make it easier for applicants who are members of groups (e.g., internationally recognised orchestras or dance troupes) to qualify.
The minimum number of examples required for each of the exceptional promise criteria will also be reduced from two to one. In addition, being a board member of a product-led digital technology company is a role that can be used as evidence of being an exceptional talent in this field in relation to endorsements.
In the endorsed funder fast track pathway, the length of time remaining on an employment contract or hosting agreement has been reduced from two years to one year, to allow greater flexibility for individuals working on qualifying research (minimum of two years in duration).
The new changes also mean that there are more qualifying prestigious prizes that will be able to qualify on the Global Talent route without obtaining an endorsement from a Global Talent endorsing body. It needs to be noted that prizes must be given to named individuals, not to specific works or organisations. The prizes must also be open to all nationalities and the winners must be determined by experts or peers, rather than a public vote.
Youth Mobility Scheme (come into effect on 1 January 2022)
There are also changes to the Youth Mobility Scheme (formerly known as the ‘T5 (Temporary Worker) Youth Mobility Scheme). Iceland is being added to the Youth Mobility Scheme country list as a country without Deemed Sponsorship Status. India is being added to the list of countries where invitation to apply arrangements apply. Moreover, the Scheme will allow citizens of applicable countries/territories without Deemed Sponsorship Status to apply for this route from any post that accepts such applications worldwide.
EUSS Family Permits (come into effect on 6 October 2021)
The amendments also addressed the concession which allows a joining family member of an EEA citizen to apply to the EUSS as a visitor. From 6 October 2021, this concession will cease to exist for certain family members.
ID cards and Travel Documents (come into effect on 1 October 2021)
It has previously been confirmed that consistent with Citizens’ Rights Agreements, EEA citizens and certain EEA family members who are resident in the UK by the end of the transition period (31 December 2020) can continue to use their EEA national ID cards to enter the UK until at least the end of 2025.
On the other hand, EEA citizens that are outside the Citizens’ Rights cohort (e.g. who do not have pre-settled or settled status under the EUSS) will need a passport to enter the UK, like other nationalities. Please be reminded that this will come into effect on 1 October 2021.
Should you have any questions regarding the upcoming changes please do not hesitate to contact our Immigration team.
Please note that requirements may vary from case to case based on the nuances of your situation, and the information on this page is not intended to replace legal advice.
Divorce and Financial Settlement
We understand the divorce process is emotional and we are here to assist you in the process. Our family law team holds a wealth of experience and they are here to make this process as painless as possible for you.
This article sets out the procedures, some facts and some options for you in relation to issues concerning finances and properties. This is intended to be a general guide for readers to have an idea of the procedure, principles and FAQs for Financial Proceedings in UK.
Introduction:
There are three elements in the divorce process :
- Divorce petition – i.e. ending a marriage;
- Financial arrangements – how should the matrimonial assets be divided; and
- Arrangements for any dependent child – contact arrangements.
We discussed the first element in our previous article. If you are interested, please visit click here.
Can I initiate financial proceedings in UK if my divorce petition was finalised in China/countries other than UK?
We understand the position of the Courts in other countries maybe reluctant to address how matrimonial assets should be divided if those assets are located in England and Wales.
The courts in other countries are reluctant because when they give a court order, the judge will have to take account of whether they have “jurisdiction” to order how assets in UK should be divided between parties.
In simple terms, the courts in other countries will need to decide whether they have both the authority/power to determine a dispute between parties (i.e. in this case how UK assets shall be divided).
The usual procedure is that before you can issue financial proceedings against your husband/wife, there will be a permission hearing listed. The purpose of this hearing will be for the court to decide whether they accept they have jurisdiction to divide your matrimonial assets in the UK.
If the court grants permission then the usual steps for a financial proceedings apply.
How many hearings will there be in financial proceedings?
Generally there will be three hearings if parties cannot reach settlement, the hearings are: -
- First Appointment Hearing (FA)
- Financial Dispute Resolution Hearing (FDR)
- Final Hearing (FH)
We will discuss what will happen in each hearing in our next article.
Do I have to make financial disclosure before, during and after any hearing?
Once a party issues financial proceedings with the court and prior to the First Appointment Hearing, the court will give directions for parties to make full and frank financial disclosure by way of filling in a Form E.
Form E is a detailed questionnaire which helps the court to understand parties’ financial circumstances. Parties must disclose their global assets and liabilities and provide various supporting evidence to verify the financial information they provided to the court. For example, each party is required to provide the latest 12 months bank statements for each bank account held in his/her name or which he/she has interest in. This is for the other party and the court to check whether you have provided full and frank financial disclosure.
Before each hearing, the court will order parties to provide updating disclosure as parties have a continuing obligation to notify the court if their financial circumstances change.
Why do I have to make financial disclosure?
The court has to take into account parties’ income, capital, property and financial needs when they decide how to divide the matrimonial assets fairly and therefore court requires parties to provide full and frank financial disclosure of their global assets when they signed their Form E and in any subsequent updating disclosure.
What are the factors the court will take into account when dividing matrimonial assets?
The factors are set out in section 25 of the Matrimonial Causes Act 1973. These are also called “section 25 factors”.
The court will have to take into account all the circumstances of a case, first consideration has to be given to welfare of any children under 18 years old, and the following factors: -
- Parties’ income and earning capacity, capital, property and financial resources
- Parties’ financial needs
- Parties’ standard of living during marriage
- Parties’ ages and length of marriage
- Any physical or mental disabilities
- Financial and domestic contributions each party made during the marriage
- Any conduct which will be unfair for the court to ignore.
My Husband is the breadwinner of the family and I am a housewife, is he entitled to more of the matrimonial assets as he made greater financial contributions?
The court would look into the contributions of the wife in looking after the home and upbringing of the children. The court recognises the housewife’s contribution to the family which enables the husband to work and make financial contributions. The wife’s contributions will then be assessed and how the evidence is presented to the court.
The court may rule a housewife has made equal contribution as that made by the breadwinner husband.
If you want to know more about what will happen in financial proceedings and how will your matrimonial assets be divided if the matter goes to court, please contact us for further information.
In our next article, we will discuss section 25 factors in more detail and what will happen in each hearing.
Chan Neill Solicitors Wish To Congratulate Joey U In Becoming A Solicitor
Members at Chan Neill Solicitors Mayfair office wish to congratulate Ms Joey U on her qualification in becoming a solicitor as of 3rd Sept 2021.
Joey first joined Chan Neill as a paralegal. Because of her dedication to work and supporting the firms clients, she was offered and awarded a training contract. She has trained with some of our senior solicitors over the last two years and we are all delighted to share this milestone with her.
We wish Joey a very successful legal career over the many years to come.