Q&As

If a person has valid leave as a PBS dependant and applies for endorsement and entry clearance as the main applicant in the Tier 1 (Exceptional Talent) category, does this have any implication for their existing leave/ability to return to the UK, eg while the application is pending or if it is refused?

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Published on LexisPSL on 19/09/2017

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • If a person has valid leave as a PBS dependant and applies for endorsement and entry clearance as the main applicant in the Tier 1 (Exceptional Talent) category, does this have any implication for their existing leave/ability to return to the UK, eg while the application is pending or if it is refused?

The Tier 1 (Exceptional Talent) category is not currently covered on Immigration, but is earmarked for future development. See the following Home Office guidance documents for more information.

In relation to an application for endorsement from a Designated Competent Body (‘Stage 1’ of the application process), the current Policy Guidance for Tier 1 (Exceptional Talent), at para 9, states that:

‘As stage 1 is not an immigration application, it will not affect any current leave you hold in any way. If you are granted an endorsement by a Designated Competent Body, you must then apply for Tier 1 (Exceptional Talent) leave to enter or remain. This is stage 2 of the process, which is undertaken solely by the Home Office and assesses only immigration matters.’

In relation to the possible implications of refusal of an entry clearance application on existing unexpired entry clearance, the Home Office’s Entry Clearance Guidance Extant leave: ECB22 states that:

‘Applicants who already have entry clearance may submit applications for further entry clearance, but they are not allowed to have more than one form of leave at the same time.

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