Q&As

If a main applicant is applying for accelerated settlement after three years because they are on a Tier 1 Exceptional Talent Visa, can their spouse also apply for accelerated settlement? If the spouse cannot apply for accelerated settlement, what options are open to them to remain in the UK?

read titleRead full title
Produced in partnership with Shara Pledger of Latitude Law
Published on LexisPSL on 23/09/2019

The following Immigration Q&A produced in partnership with Shara Pledger of Latitude Law provides comprehensive and up to date legal information covering:

  • If a main applicant is applying for accelerated settlement after three years because they are on a Tier 1 Exceptional Talent Visa, can their spouse also apply for accelerated settlement? If the spouse cannot apply for accelerated settlement, what options are open to them to remain in the UK?

Tier 1 Exceptional Talent applicants are sorted into two categories:

  1. exceptional promise applicants, who are often at an early stage in their career but show real potential to become a world leader; and

  2. exceptional talent applicants, who are more established in their field and have already demonstrated world leading abilities

Exceptional promise applicants have a five-year settlement route. Immigration Rules, Part 6A, para 245BC allows for anything from one year to five years to be granted as entry clearance (replicated for leave to remain at Immigration Rules, Part 6A, para 245BE), but Immigration Rules, Part 6A, para 245BF(c)(2) makes clear that a full five years’ UK residence must be completed if the applicant’s last endorsement by a Designated Competent Body (DCB) was under that body’s criteria for ‘exceptional promise’.

In contrast, exceptional talent applicants have a shorter time to complete for settlement; Immigration Rules, Part 6A, para 245BF(c)(1) requires only a three-year continuous period of UK residence if the applicant’s last endorsement by a DCB was under that body’s criteria for ‘exceptional talent’.

The provisions of Immigration Rules, Part 8 which apply to Partners of Relevant Points Based System Migrants and Appendix W Workers do not differentiate between the categories of the points-based system (PBS) the main applicant may fall under. Reflecting how most PBS categories require a minimum five years’ continuous UK residence, the specified period

Popular documents