In the circumstances, piecing together the chain of events and detailed history was essential before any further action could be taken or his case put forward to the Home Office which involved detailed instructions, and a forensic examination of the employment/funding and history of the matter.

Having extracted the evidence, Emma was able to write a compelling and cogent letter in support of a review of his application for the Global Talent visa, using the Immigration rules and caseworker guidance alongside the Dr’s own evidence and documentation evidence. Whilst pulling this together was necessary and speed essential, so too was clarity and ensuring a balanced response.

We are very pleased to report that the client’s application has been successful. Whilst good sense may prevail and one can see the sense in approving the Global Talent visa at a high level, that approval and good sense does not necessarily follow.

In addition, successful application does not always mean that the client’s position becomes regularised, i.e the application may be allowed, but they remain an ‘overstayer’ within the regulations, and experience issues further down the line on any application for further or indefinite leave to remain (FLR/ILR). Relevant experience in this area was essential to understanding that.

The case was successful and the client’s position thankfully regularised. Knowledge of both immigration and employment law was essential to the success of this. The end result is that the client is able to continue his good work in research and Emma is presently speaking to Imperial College London, about referrals, both assisting its future doctors in immigration applications and research scientists in Immigration and visa applications.

If you have any questions or wish to discuss further, please contact the Employment Department or Emma Peacock.

As one of several routes designed to allow UK employers to recruit talent from overseas, it is the main route to long-term employment.  Once granted a licence, the organisation is permitted to recruit and sponsor potentially any number of non-UK nationals under the route.

Before applying for the licence, the business must be able to show that:

• It is a legally operating UK organisation;
• There is a genuine need for a Skilled Worker Sponsor Licence; and
• The organisation understands fully its duties and responsibilities as a sponsor with the  appropriate HR systems and processes in place.

The organisation must show a real need for a Sponsor Licence by submitting either evidence that there is a genuine vacancy, a potential suitable candidate requiring sponsorship, or evidence of the organisation’s likely future need to recruit individuals to jobs that meet the Skilled Worker criteria.

Under the scheme, sponsorship will be possible as long as the job that they will be doing is sufficiently skilled to Regulated Qualifications Framework (RQF) Level 3 and they are paid a sufficient salary, at least £10.10 per hour, and £20,480 annually (but dependent upon the type of job being carried out).

In addition, the applicant must be able to show that they have a certain level of proficiency in the English Language.

If you are interested in finding out more about the Skilled Worker Sponsor licence, click here to speak to Partner Emma Peacock.