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• » Tier 1 Exceptional Talent now operational

Tier 1 Exceptional Talent now operational

17 August 2011

Strictly speaking the Tier 1 (Exceptional Talent) Migrant subcategory of Tier 1 of the points based system has been open since April of 2011. It was brought into existence by Statement of Changes in the Immigration Rules 863, which at the same time closed Tier 1 (General) to overseas applicants and, for applicants already in the UK applying for leave to remain, to anyone who hadn’t already been granted leave in that category or who had leave to remain in certain pre-points based system categories.

In the April Statement of Changes it was announced that the route was intended for "those who have won international recognition in scientific and cultural fields, or who show exceptional promise” and that only 1,000 visas would be issued per year.

Despite this it wasn’t possible for anyone to apply under the Tier 1 (Exceptional Talent route until earlier this month (August 2011) because one of the requirements for entry clearance is that applicants are "endorsed” by a Designated Competent Body (DCM), and until the most recent Statement of Changes (HC 1436) there was no indication on the United Kingdom Border Agency’s website or anywhere else as to what these DCMs were.

HC 1436 lists the DCMs as follows with their respective allocation from the 1,000 visas:

The Arts Council (for arts and culture) – 300 places

The Royal Society (for natural sciences and medical science research) – 300 places

The Royal Academy of Engineering (for engineering) – 200 places

The British Academy (for humanities and social sciences) – 200 places

It’s worth noting that while this route like all the other subcategories of Tier 1 does not require an applicant to be sponsored it has introduced endorsement by a body separate from the UKBA as a condition for leave to enter and remain in the UK. HC 1436 makes provision for leave to enter granted to a Tier 1 Exceptional Talent migrant to be curtailed should the relevant DCM withdraw its endorsement.

The route, which is open only to those outside the UK, can lead to settlement in the UK after five years' continuous lawful residence as a Tier 1 (Exceptional Talent) migrant.