Global Talent ILR: Continuous Residence Requirement 2024

By Marika Cash – Legal Associate

09 Sep 2024

In This Article

1. Introduction
2. Global Talent “Qualifying Periods”: How Long Do I Need to Be in the UK for ILR?
3. Do I Satisfy the “Continuous Residence” Requirements for Global Talent ILR?
4. Contact our Immigration Barristers
5. Frequently Asked Questions
6. Glossary
7. Additional Resources

1. Introduction to the Global Talent ILR Continuous Residence Requirement

As with most other UK immigration routes leading to indefinite leave to remain (“ILR”, also referred to as “settlement”), Global Talent migrants must complete a period of “continuous residence” in the UK in order to qualify for ILR. However, the continuous residence requirement can mean different things for different Global Talent migrants, depending on who your endorsing body is or which type of visa you have.

This post explains the different ways that the continuous residence requirement can apply to Global Talent migrants. In particular, this post explains the different “qualifying periods” and absence requirements that can apply to different Global Talent migrants.

2. Global Talent “Qualifying Periods”: How Long Do I Need to Be in the UK for ILR?

To understand how long you need to be in the UK to qualify for ILR in the Global Talent route, you must first establish what the “qualifying period” is for your particular type of Global Talent visa. A “qualifying period” is essentially the length of time that you need to have been in the UK continuously, in order to qualify for ILR.

3-Year Qualifying Period

The following types of Global Talent migrants need to have spent a continuous period of 3 years in the UK:

Although not explicitly stated in the Immigration Rules or in the Home Office’s corresponding guidance document, endorsements by Arts Council England include endorsements by PACT (which acts on behalf of Arts Council England in the field of film and television), endorsements by the Royal Institute of British Architects (RIBA) (which works with Arts Council England in the field of architecture), and endorsements by the British Fashion Council (BFC) (which acts on behalf of Arts Council England in the field of fashion design).

5-Year Qualifying Period

The following types of Global Talent migrants need to have spent a continuous period of 5 years in the UK:

• Migrants who are endorsed as “exceptionally promising” by Arts Council England;
• Migrants who are endorsed as “exceptionally promising” by Tech Nation.

As stated above, endorsements by Arts Council England include endorsements by PACT, RIBA, and BFC.

Mixing and Matching Different Visas for Your Qualifying Period

To meet the qualifying period requirement, it is not necessary to have spent the whole 3- or 5-year period as a Global Talent migrant. It is essentially possible to “mix and match” certain types of permission to make up the 3- or 5-year qualifying period for ILR in the Global Talent route.

As long as you have permission as a Global Talent migrant at the time that you apply for ILR in the Global Talent route, your 3- or 5-year qualifying period can consist of time that you spent in the UK with permission in any of the following routes (including any combination of these types of permission):

• Global Talent;
• Innovator Founder;
• Skilled Worker;
• T2 Minister of Religion;
• International Sportsperson;
• Tier 1 Migrant (but not Tier 1 (Graduate Entrepreneur));
• Scale-up;
• Representative of an Overseas Business.

For example, if your qualifying period is 5 years, and you have spent 5 continuous years in the UK with 2 years of permission as a Skilled Worker and then 3 years of permission as a Global Talent migrant, you would satisfy the qualifying period requirement for ILR in the Global Talent route.

3. Do I Satisfy the Continuous Residence Requirement for Global Talent ILR?

Once you have established what your qualifying period is – i.e. whether you need to spend 3 continuous years or 5 continuous years in the UK with the right type(s) of permission – you must then establish whether you also meet the “continuous residence” requirement for ILR in the Global Talent route.

To meet the continuous residence requirement, you must show that your 3- or 5-year qualifying period amounted to a period of continuous, unbroken, and lawful residence in the UK. Each of these three elements – “continuous”, “unbroken”, and “lawful” – are discussed in turn.

Continuous Residence Requirement: No Excessive Absences from the UK

The first element is that residence must be “continuous”. The basic rule is that you must not have been outside the UK for more than 180 days in any rolling 12-month period. However, there are several caveats and exceptions to this basic rule.

First, if your permission was granted under the old rules in place before 11 January 2018, the requirement is that you must not have been outside the UK for more than 180 days in any consecutive – not rolling – 12-month period, counting backwards from the date of your ILR application.

Second, when calculating your periods of absence to establish whether your residence was “continuous” (i.e. whether your residence meets the 180-day rule), any time spent outside the UK for the following reasons are not counted as absences:

• You were assisting with a national/international humanitarian or environmental crisis overseas;
• Travel disruption due to natural disaster, military conflict or pandemic;
• “Compelling or compassionate personal circumstances” – e.g. life-threatening illness of you or a close family member, of death of a close family member;
• Research activity if you are endorsed by the Royal Society, British Academy, Royal Academy of Engineering, or UKRI;
• Research activity if you qualified for the Global Talent route on the basis of a prize listed in Table 6 of Appendix Global Talent: Prestigious Prizes;
• You were accompanying your partner overseas, where the partner was absent from the UK on Crown service as a regular member of HM Armed Forces, as an employee of the UK Government, or as a permanent member of the British Council.

For example, if you were absent from the UK for 190 days within the space a 12-month period during your 3- or 5-year qualifying period, but you can show that at least 10 of those 190 days of absence were due to travel disruption resulting from the COVID-19 pandemic, your residence would still be considered “continuous.

Please note that the Home Office expects to see evidence relating to the reason for your absence – e.g. official and independently verifiable documents showing the duration and purpose of your assistance with an overseas crisis, evidence of disruption to your planned travel arrangements, or letters and medical certificates relating to the illness or death of a close family member.

However, in relation to absences for research activity where a Global Talent migrant is endorsed by the Royal Society, British Academy, Royal Academy of Engineering or UKRI, there appear to be limited evidential requirements. The Home Office’s guidance document states the following:

“In general, if an applicant is endorsed by those endorsement bodies listed above, the applicant will not be required to provide agreement or any documentation to prove their absence is related to research. You may accept that the applicant is absent for research purposes.”

That said, given the Home Office’s phrasing of “in general” and “may accept” – as well as the potentially significant negative ramifications of an immigration refusal – it may well be advisable to provide at least some evidence of your overseas research, in order to minimise the risk of a refusal. This may be particularly advisable if your absences are well over the 180-day limit.

Continuous Residence Requirement: “Unbroken” Residence

The second element is that residence must be “unbroken”. The different scenarios that will break a continuous residence period are listed in Appendix Continuous Residence to the Immigration Rules, and include the following:

• Being convicted and sentenced to a period of imprisonment or detention (unless the sentence is suspended);
• Being the subject of a deportation or exclusion order, or the subject of an exclusion or removal direction;
• Being in the UK without permission (though there are a number of exceptions to this);
• Excessive absences – i.e. your residence is not “continuous” as set out above.

Continuous Residence Requirement: “Lawful” Residence

The third element is that residence must be “lawful”. During periods where any of the following scenarios apply, you are not regarded as “lawfully” present in the UK, and the period does not count towards your 3- or 5-year qualifying period:

• You are imprisoned or detained following conviction;
• You are subject to a deportation or exclusion order, or to an exclusion or removal direction;
• You do not have permission to be in the UK  (though, again, there are exceptions to this).

For expert advice regarding Global Talent visas, indefinite leave to remain, and satisfying “continuous residence” requirements, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.