As of January 2018, those in the Exceptional Talent category have been able to apply to settle after spending three years in the category, even if they entered before this change. This article will look at how to make the application for Indefinite Leave to Remain after three years, for those endorsed as exceptionally talented, or after five years for those endorsed as exceptionally promising.
Time Spent in the category
As mentioned, the relevant time period is either three years for exceptional talent, or five years for exceptional promise. However, this period does not need to be exclusively be spent in this category. You can combine time spent as a Tier 1 (General), (Entrepreneur), (Investor) or Tier 2 (General), providing the most recent period is spent as a Tier 1 Exceptional Talent or Promise.
During the relevant period, the applicant must have no more than 180 days absent from the UK in any 12 month period relied upon.
Earnings in your field
In order to settle you must show that since your last grant of leave in the Exceptional Talent category, you have had earnings, in the UK, in the expert field for which you were endorsed, and that the endorsing body has not withdrawn their endorsement.
The immigration rules set out specified documents to prove that your earnings have been in the UK, which vary depending on the method of payment. The specified documents have to be provided, which therefore means that the payment should be made in such a way as to comply with the specified evidence requirements.
The documents that the Immigration Rules set out include payslips for those in employment, HMRC documents showing earnings, dividend vouchers, a letter from an accountant with accounts or documents from a sponsoring institution. In order to show that the work is in the UK and in the relevant field, a contract for service/work with a UK institution or employer must be provided, or a letter confirming the work in the relevant field.
The rules do not specify a set amount of work that must be completed over the five/three year period, and nor do they specify a particular amount of earnings that must be made from the activity in your expert field.
There is no restriction on any work that is completed, so individuals in this category are permitted to work outside of their expert field if they wish to do so, but must ensure that they do this in addition to, and not instead of earning money from their relevant talent…. READ FULL ARTICLE