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Global Talent Visa – Arts and Culture – Top 10 FAQs
By Gillian McCall – Barrister Partner
In This Article
1. Understanding the Global Talent Visa for Arts and Culture: Your Questions Answered
2. Does My Field of Expertise Qualify for the Global Talent Visa in Arts and Culture?
3. Exceptional Talent vs. Exceptional Promise: What’s the Difference?
4. How Much Professional Work Experience Do I Need for the Global Talent Visa?
5. Can I Use Work Completed During My Studies in My Application?
6. Who Should I Ask to Be My Referees for the Application?
7. Does Frequent Travel for Work Affect My Global Talent Visa Application?
8. Can I Apply for a Global Talent Visa While Already in the UK?
9. How Long Does the Global Talent Visa Application Process Take?
10. What Are My Options If My Endorsement Application Is Refused?
11. How Much Does It Cost to Apply for a Global Talent Arts and Culture Visa?
12. Contact Our Immigration Barristers
13. Further Questions
14. Glossary
1. Understanding the Global Talent Visa for Arts and Culture: Your Questions Answered
Over the last few years endorsements for Global Talent by the Arts Council have risen starkly. This is due to a number of factors including Brexit meaning that European nationals who previously would have worked in the UK on the basis of EU rules now need to apply in other categories such as Global Talent, the closure of other immigration routes such as Investor and Entrepreneur limiting options, as well as the Graduate Visa allowing new graduates the opportunity to start their careers in the UK following their studies, and then needing a further immigration route at the end of their two year grant of permission. Both in-country and entry clearance applications have seen substantial increases since 2020.
In this article we will look at some of the most common questions that we are asked about preparing applications for a Global Talent visa in the fields of arts and culture.
2. Does My Field of Expertise Qualify for the Global Talent Visa in Arts and Culture?
We set out in a previous article, Global Talent Arts and Culture Route Guidance – Part 2, a list of all the fields which are covered by the Arts Council. The main areas for endorsement are:
- Dance
- Music
- Literature
- Theatre
- Visual arts
- Combined arts
There are different sets of criteria for those working in the field of film and television. Therefore for some individuals they will need to look closely at their experience and decide whether to apply under the arts and culture or film and television criteria. This is most likely to arise for actors who perform in theatre and film or those working in moving image visual arts where there is an overlap with filmmaking. However can also be an issue for musicians who write film scores, or those working behind the scenes. For some individuals, it will be important to make a realistic assessment of their body of work to determine where it is the Arts Council or PACT who should decide their endorsement application.
The Arts Council also produces a long list of fields of expertise where they are unable to endorse applicants. This is a non-exhaustive list and seems to grow each time the guidance is updated, so it is well worth reviewing this to exclude any irrelevant work from consideration. Some of the excluded disciplines include commercial photography, art and creative direction for marketing campaigns, journalism, music education, podcasts and radio DJs, competitive dance, art dealers, collectors and critics, tattoo artists, and wrestling.
3. Exceptional Talent vs. Exceptional Promise: What’s the Difference?
The criteria for endorsement for Exceptional Talent is more strict and more stringently applied than for Exceptional Promise. Exceptional Talent applicants should be well established in their careers and are likely to be in a position where they are receiving awards or have press coverage in prestigious publications where they are specifically named. They are also more likely to have established their reputation internationally, with their work available in multiple countries. Exceptional Promise applicants are more likely to be at an earlier stage of their careers and may not have the same established reputation. They also are not required to have worked internationally in order to make a successful application.
The Arts Council indicates that an Exceptional Promise candidate should have three years of professional experience, while Exceptional Talent candidate should have five years. However, these are expectations not requirements, and it may be possible to make a successful application which does not conform to this expectation, where there are special circumstances.
The advantage of making the more difficult Exceptional Talent application is that, if successful, the individual will be on a three year route to gaining their Indefinite Leave to Remain in the UK. If an individual is endorsed as Exceptional Promise, they will need to spend five years in the UK before they can apply for Indefinite Leave to Remain.
When deciding which type of application is best to make, an individual should look at their individual circumstances, the length of their career, their achievements and the evidence available and decide whether this fits better with the Exceptional Promise or Exceptional Talent criteria. The Arts Council guidance previously stated:
‘If you select Exceptional Talent or Exceptional Promise on the application form, we will assess your evidence against the relevant criteria for the route you applied under. However, for arts and culture and architecture applicants (not including fashion or film and television applicants) if you apply for Exceptional Talent but your evidence does not meet the criteria, we can assess your application against the criteria for Exceptional Promise instead. If your application is assessed under a different route you will be advised of the reasoning behind this when you receive our decision.’
However the latest version of the guidance (September 2024) does not refer to this concession. Applicants should therefore be very careful to ensure they select the best route for their experience.
4. How Much Professional Work Experience Do I Need for the Global Talent Visa in Arts and Culture?
There is no minimum or maximum amount of work that needs to be completed for either Exceptional Talent or Exceptional Promise. However, the guidance does state, in the context of information about your CV, that:
‘For Exceptional Talent we would expect to see a substantial professional track record on your CV from at least the last five years, and for Exceptional Promise from at least the last three years.
The CV helps us understand what stage of career you are at, and whether this is appropriate for the Global Talent visa.
If a CV is not provided or if your CV does not satisfy us that you are at an appropriate stage of a professional career, then the endorsement application will be unsuccessful – even if your supporting letters and evidence meet criteria.’
As mentioned above, this is an expectation, rather than a requirement, but it is important to bear in mind that this is what is expected in an application. If your circumstances do not yet meet this expectation, it is worth considering whether there is anything exceptional about your circumstances that would justify an application earlier or later. It might be necessary to gain further professional work before making the application.
The guidance also specifies that the documentary evidence relied upon should come from the most recent five year period prior to the application and must be for work that has taken place at the time of the article’s publication. Therefore, not only can you make an application too early for your relevant experience, it is also possible to be too late to rely on particular evidence. This is particularly important for performing artists to consider, particularly those who may have had to take extended periods off from performing during the pandemic and in its aftermath before staged events returned to normal.
5. Can I Use Work Completed During My Studies in My Application?
The Arts Council has updated its guidance relating to work done during academic studies several times and there have been different stages where different types of application have had different requirements in this regard. However, the current position of the arts council is that academic work does not count.
Previous versions of the guidance stated
‘We do understand that it is possible for students to have worked in professional contexts during their course of study. We also understand that it is possible for recent graduates to possess the required level of expertise to be future leaders in their field.’
The guidance also noted:
‘Proof of appearances evidence can now include a mix of professional and academic or amateur work, as long as the academic or amateur appearances are not the only proof of appearances submitted. We also allow evidence of awards to come from scholarships or fellowships for Exceptional Promise applicants.’
Despite this, the current guidance states:
‘The guide was amended with minor corrections on 30 August 2024, as previous versions of the guide had omitted details about evidence of student work being unacceptable for arts and culture applicants applying as Exceptional Promise. Pages 10-19 of the guide were therefore updated to confirm that evidence of student work is unacceptable for Exceptional Promise as well as Exceptional Talent. This has always been the case therefore this will still apply to applications submitted prior to the amendment date.’
In relation to the relevant evidence the guidance states:
‘Evidence of work created as part of academic programs, such as work that contributed to a degree, masters or PHD, graduate showcase or end of year show, or student projects is not acceptable for Exceptional Promise. Proof of appearances must always be in professional programs of artistic work.’
Similar wording appears in relation to Exceptional Talent applications. Candidates should therefore exclude any student work from consideration and satisfy themselves that they have sufficient professional work on which they can rely to meet the requirements.
6. Who Should I Ask to Be My Referees for the Global Talent Visa Application?
You will need three reference letters in support of your Global Talent visa arts and culture application. At least one should come from a UK organisation or company working in your field of expertise. The other two letters can come from either the UK or abroad. One letter may come from an individual rather than an organisation providing that person is an eminent individual, with recognised expertise in your field.
Where an individual is writing on behalf of an organisation, they should hold a current senior position with that organisation.
Generally someone who knows you well and is familiar with your work will write a stronger reference letter, but it is important that you have had a working relationship with all your referees.
The Arts Council does place substantial weight on the reference letters.
7. Does Frequent Travel for Work Affect My Global Talent Visa Application?
You do not have to intend to live in the UK on a long term basis in order to enter the UK in the Global Talent category and you do not have to meet any specific residence requirement if you apply to extend your stay further in the UK after entering in this category.
If your long term plan is to apply for Indefinite Leave to Remain in the UK, there is a residence requirement of no more than 180 days outside the UK in any 12 month period during the three or five year periods relied upon. However, there is also no maximum time period that you are permitted to stay in the category. This means that a person who enters in the Exceptional Promise category for five years, but spends the first two years with extensive travel on international tours, could simply extend their stay for a further two years (providing they have earned money in their field during their stay in the UK) until their early absences fall away and the residence requirement can be met.
For anyone who does travel frequently, it is helpful to keep track of your absences from the UK as you go, in order to make the process of completing future application forms easier.
8. Can I Apply for a Global Talent Visa While Already in the UK?
There are no restrictions on where you must be at the time that you make the endorsement application. Most individuals are also able to make the application for a grant of leave in the UK as well, except those who are in the UK as visitors, or with leave outside of the Immigration Rules.
If you do not have a long term status in the UK, then it is necessary to make the stage 2 immigration application from a place where you live or have residence.
Making the endorsement application in the UK will not extend a person’s leave to remain in the same way that making an application for leave to remain would. A person in the UK may wish to seek specialist advice about when and where to make their application to ensure that there is no interruption to their lawful status while an application is being processed.
9. How Long Does the Global Talent Visa Application Process Take?
The Arts Council processing time is up to eight weeks, however, there is some variation in processing times. Some applications are decided more quickly than this. However, if timing is critical you should allow the full eight weeks in case of any unexpected delays.
If making the application for permission to enter the UK from abroad, the processing time could be up to three weeks, but the majority of application centres offer priority processing and so this period can be reduced to 5 working days or even next business day in some places.
Applications made in the UK can take up to eight weeks, but again priority services should be available to expedite the processing.
Endorsement and visa applications can be made simultaneously, which may also speed up the process.
10. What Are My Options If My Endorsement Application Is Refused?
If an endorsement application is refused, there is a right to challenge the decision through an endorsement review process. The prospects of doing this successfully will really depend on the reasons for the refusal and the credentials of the individual.
In some cases it may be worth applying again, for example, after gaining further experience or different references, depending on the reasons for refusal.
A person who has made their stage one and stage two applications at the same time should seek specialist individual advice if they receive notification that their endorsement has been refused.
11. How Much Does It Cost to Apply for a Global Talent Arts and Culture Visa?
It costs £608 to apply for a Global Talent visa.
If you’re applying based on an endorsement, you’ll pay the £716 in two parts:
- £524 when you apply for the endorsement
- £192 when you apply for the visa itself
If you’re applying based on an eligible award, you’ll pay the full £716 when you apply for the visa.
If you’re including your partner or children in your application, they’ll each need to pay £716.
In addition to these costs, you will need to pay the Immigration Health Surcharge of £1035 per person per year of leave applied for.
Visa priority services range between around £250 and £1000 depending on the place the application is made and what level of priority is required.
In addition to these costs, a person might also want to consider other costs they might incur, for example if a translator is required.
For expert advice and assistance with a Global Talent application, contact our business immigration barristers on 0203 617 9173 or complete our enquiry form below.
