Global Talent

The Global Talent route is designed to attract leaders in their field in certain disciplines, or those who have the potential to become leaders. These disciplines cover:

  1. arts and culture (including architecture, fashion design, and film and television)

  2. digital technology, and

  3. science, engineering, humanities and medicine

The route is now found in the Immigration Rules, Appendix Global Talent, which came into force on 1 December 2020 and was introduced by Statement of Changes in Immigration Rules HC 813. It was previously contained in Appendix W of the Immigration Rules, and had largely replaced the Tier 1 (Exceptional Talent) route, which was closed to new applicants and those

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Immigration—Windrush—non-fettering public law principle—section 31(2A) Senior Courts Act 1981 (Hippolyte v SSHD)

Immigration analysis: The Court of Appeal allowed an appeal of the High Court’s refusal of judicial review in respect of the respondent Secretary of State’s refusal to grant the applicant indefinite leave to remain (ILR) under the Windrush Scheme. The Home Office’s casework guidance states that the child of a Commonwealth citizen who was settled in the UK before 1 January 1971 must have been continuously resident in the UK since their birth or arrival to qualify under the scheme. The applicant asked the Secretary of State to exercise discretion to waive this requirement, as she had sufficient close ties to the UK that she fell within the ‘spirit’ of the Windrush Scheme. The Home Office failed to consider whether to exercise discretion and the appellant argued that the Home Office had fettered its discretion. The case concerned two key issues: (1) whether the Secretary of State contravened the ‘non-fettering’ principle in public law by failing to exercise her discretion under section 3(1)(b) Immigration Act 1971, which confers a wide discretion on the Home Office to grant leave even where the requirements of the Immigration Rules or published policy guidance are not met, and (2) whether the High Court was wrong to refuse relief under section 31(2A) Senior Courts Act 1981 (SCA 1981), which applies where it is highly likely that the outcome for the claimant would not have been substantially different had the conduct complained of not occurred. Written by Gill McKearney, knowledge lawyer at Bates Wells.

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