Global Talent Code Of Practice For Endorsing Bodies

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Global TalentCode of Practice for EndorsingBodiesVersion 1.0 February 2020Page 1 of 24

ContentsContents . 2Introduction . 3Endorsing Bodies. 3The responsibilities of the Home Office and the Endorsing Bodies . 3Processing of applications . 4Contacting us . 4Part 1 – Role of the Endorsing Body . 5General principles . 5Part 2 – The Endorsing Body’s relationship with others . 7Relationship with other organisations in their particular field of expertise . 7Relationship with the Home Office . 7Complying with this code . 8Part 3 – Role of the Home Office . 8Part 4 – The Endorsing Body’s role in the process of setting endorsementrequirements and the issuing of endorsements . 9Principles . 9Setting the endorsement requirements . 10The endorsements . 10Record keeping. 11Retention of information . 12Review and amendments to this code of practice . 12ANNEX A - suggested format of Endorsing Body endorsement decision – ArtsCouncil England . 13ANNEX B - suggested format of Endorsing Body endorsement decision – sciencebodies full peer review. 16ANNEX C - suggested format of Endorsing Body endorsement decision – sciencebodies – Fast-Track. 19ANNEX D - suggested format of Endorsing Body endorsement decision – TechNation . 22ANNEX E – Statement of Indemnity . 24Page 2 of 24

IntroductionGlobal Talent is a niche category for talented and promising individuals in the fieldsof science, engineering, medicine and humanities, digital technology and the arts(including film and television, fashion and architecture) who wish to pursue theircareer with the option to eventually settle in the UK. It is for those who areinternationally recognised as leaders in their particular field, as well as for thoseindividuals who have demonstrated exceptional promise and are likely to becomeleaders in their particular area.The UK Government wishes to encourage such individuals to choose the UK for theirfuture work and, unlike Tier 2 migrants, they will not be restricted to working for asponsoring employer.To qualify under the Global Talent category, the individual will need to be endorsedby the relevant endorsing body (which is designated by the Home Office for thepurposes of Global Talent applications).Endorsing BodiesThe Endorsing Bodies have agreed to advise the Home Office on the merits ofapplications under Global Talent by helping to identify outstanding scholars,scientists, engineers, artists, film industry, fashion designers, architects and techindustry individuals wishing to enter the UK under this route. They have been invitedby the Home Office to fulfil this role by virtue of their national role and standing.The responsibilities of the Home Office and the EndorsingBodiesThe endorsing bodies are responsible for assessing whether an individual whomakes an application under the Global Talent category is internationally recognisedas a leader, or has demonstrated the potential to become a leader, in their particularfield. This assessment will be carried out by the endorsing bodies withoutinvolvement from the Home Office. The endorsing bodies will use their expertise intheir respective areas of responsibility to formulate the criteria they will apply inconsidering whether a particular applicant is “exceptionally talented” or demonstrates“exceptional promise”. The endorsing body will confirm to the Home Office whethereach applicant meets the criteria it has set for “exceptional talent” or “exceptionalpromise”. Their positive confirmation to the Home Office is known as theendorsement.The Home Office is responsible for the decision to issue entry clearance or leaveunder the Global Talent category. This cannot be issued without the endorsement ofan endorsing body. However, there are other criteria that an applicant must alsomeet in order for entry clearance or leave to be granted.Page 3 of 24

The application under the Global Talent category is therefore dependent on thedecision of the relevant endorsing body either to grant or refuse an endorsement, buta decision to grant an endorsement is not of itself decisive as to whether a visa willbe issued.The endorsing body criteria is published by the Home Office as part of Appendix Wof the Immigration Rules.As is set out in more detail later in this Code of Practice, the endorsing bodies willalso ensure that the processes for deciding whether to issue an endorsement meetthe criteria set out in this Code of Practice.Processing of applicationsThe process of applying is split into two stages with two separate application forms.Stage 1 is the endorsing body consideration and stage 2 is the Home Officeconsideration. Both application forms are submitted directly to the Home Office forprocessing. The appropriate information on the applicant will then be forwarded tothe relevant endorsing body which will undertake its role of assessing whether theapplicant meets the criteria the endorsing body has set for “exceptional talent” or“exceptional promise”. The relevant endorsing body will then confirm to the HomeOffice whether it endorses the application. When the endorsing body gives itsendorsement, the Home Office will then advise the applicant of the decision. Oncethe stage 2 application is submitted the Home Office will consider the case anddecide whether to issue entry clearance or leave. If the decision is to refuse theapplication, the Home Office will inform the applicant of the reasons for that refusal,including confirming that the refusal is because the relevant endorsing body did notgrant the applicant an endorsement, if that is the case.Contacting usIf you have any queries about this code of practice, please contact us ateconomicmigrationpolicy@homeoffice.gov.ukThe endorsing bodies listed in this document cover all the areas encompassed bythe Global Talent category. If there are any other bodies that believe they may needseparate recognition, they should first consider whether their interests could beadequately reflected by one of the existing bodies and liaise with them beforeapproaching the Home Office to discuss their case for their own separaterecognition.Related contentContentsRelated external linksPage 4 of 24

Part 1 – Role of the Endorsing BodyGeneral principles1. Under the Global Talent category, it is the responsibility of the designatedendorsing body to:1. agree, publish, maintain and implement the requirements under which theywill endorse initial Global talent applications.2. consider all individual requests for their endorsement forwarded to them bythe Home Office and notify the Home Office of their decision.3. provide the Home Office with reasons for any decisions not to give theirendorsement to an applicant to allow the Home Office to provide thisinformation when subsequently refusing the application.4. decide at least 80% of cases within 25 working days and 100% of caseswithin eight weeks.2. The Home Office has worked with the academic, arts, humanities, engineeringand science, and digital technology sectors and the following bodies havecurrently been designated as endorsing bodies for the purposes of the GlobalTalent route:1. Arts Council England - For arts, culture, film, television, fashion andarchitecture applications2. The British Academy - For humanities and social science applications3. The Royal Society - For natural sciences and medical science researchapplications4. The Royal Academy of Engineering - For engineering applications5. Tech Nation – For digital technology applications6. UKRI –For applications from all research fields, supported by a grant oraward from an endorsed funder’3. The Home Office will withdraw its designation from, or not designate anendorsing body which has had a sponsor licence under the Points-Based Systemrevoked.4. The system of endorsement requires the endorsing body to actively participate inensuring the Global Talent category is not abused. All endorsing bodies involvedhave agreed to fulfil certain duties as set out in this document.5. In fulfilling its duties the endorsing body will adhere to the following principles:Accountability – The endorsing body will be accountable to the Home Office forits actions and decisions undertaken in the process of carrying out its duties asPage 5 of 24

an endorsing body. It will ensure that it carries out its role in a responsiblemanner by following the published and agreed criteria for assessment asdescribed in Part 4 – The endorsing body’s role in the process of settingendorsement requirements and the issuing of endorsements.Openness – The endorsing body will be open and transparent in its role. It will:a. be clear in its actions and decisions and be prepared to account for them.b. ensure the processes it has in place for endorsing applications are clearand not open to abuse by those administering them.c. ensure that its administration systems are rigorous, subject to regularmaintenance and developed if necessary.d. ensure that documentary evidence is kept to support any changes to itsendorsement requirements and decisions on individual applications and makethem available to Home Office officials on request. (See sections on recordkeeping and retention of information.)e. make best endeavours to ensure there are no conflicts of interest involvedin the making of decisions. If a conflict of interest arises, the endorsing bodywill provide a solution to ensure impartiality.Related contentContentsPage 6 of 24

Part 2 – The Endorsing Body’srelationship with othersRelationship with other organisations in their particularfield of expertise6. The endorsing body may represent the interests of a number of otherorganisations with similar expertise in its particular field and have assumed thelead role for the Home Office’s purposes in relation to the Global Talent category.It will continue to consult and reach a consensus with those other interestedparties when setting and publishing its Global Talent endorsement requirementsor making any changes to them.7. If the endorsing body is approached by another body in its field with a proposalfor changing the endorsement requirements, it is the responsibility of theendorsing body to discuss this with all interested parties and for the proposal tobe given full consideration.8. If more than one endorsing body needs to be designated for a particular field ofexpertise then the relevant bodies will consult with each other to ensure theirGlobal Talent endorsement requirements are compatible. This should becompleted before consulting with the Home Office.Relationship with the Home Office9. The endorsing body will decide its own Global Talent endorsement criteria to beused for issuing endorsements in its field of expertise and for any subsequentchanges. Before publication as part of the Immigration Rules, the endorsing bodywill provide the Home Office with a copy of its criteria for comment and the HomeOffice reserves the right to request changes be made where appropriate.10. Each endorsing body will provide the Home Office with the details of and contactdetails for their named signatory/ies for issuing endorsements in order that theHome Office may conduct such verification checks in relation to anyendorsements they have issued as are considered necessary.11. The endorsing body will keep a record of decisions made. It will also keep arecord of any meetings held with other bodies in setting or changing itsendorsement requirements or about individual applications. These records willbe made available to the Home Office on request.12. Each endorsing body agrees to comply with the terms of the indemnity providedby the Home Office in the event that their decisions are challenged legally. Fulldetails of the indemnity are provided at Annex E.Page 7 of 24

Complying with this code13. If the Home Office considers that an endorsing body is failing to comply with anyof its duties as set out in this Code, the Home Office will meet with the endorsingbody to discuss any issues and agree an action plan to address them. If theendorsing body does not adhere to the action plan or the Home Office still hasspecific concerns, the Home Office will withdraw its designation from theendorsing body and seek to find a new alternative body. If an endorsing bodydecides to withdraw from the scheme, it will be free to do so on giving due notice.Related contentContentsPart 3 – Role of the Home Office14. The Home Office will not arbitrate on any disputes relating to whether the GlobalTalent endorsement requirements set by the designated Competent Body aremet in a particular case. The endorsement decision of the endorsing body is final.15. The Home Office, and not the endorsing body, will be responsible for the finaldecision to grant or refuse entry clearance or leave to a migrant whoseapplication has received an endorsement under the Global Talent category. Thisis because applicants also need to demonstrate that they meet the Home Office’sown published criteria for the route relating to their previous immigration historyand other factors.16. The endorsing body will raise any queries it has about its duties with the HomeOffice. The Home Office will provide the endorsing body with a contact who willprovide support and advice on Global Talent processes and the setting andmonitoring of the endorsement requirements. The Home Office will not giveadvice or involve itself in any way in the decisions about or giving of individualendorsements.17. The Home Office may periodically monitor endorsements issued, includingnumbers, and may ask for further information about a given endorsement fromthe endorsing body responsible.18. The Home Office reserves the right to check the activities of the endorsing body’srole in the endorsement process at any time. The Home Office may close theGlobal Talent route at any time and will make every effort to inform the endorsingbodies in advance.Page 8 of 24

19. The Home Office agrees to provide the endorsing bodies with an indemnity as setout at Annex E.20. The Home Office will advise the endorsing bodies of the deadline for the receiptof quarterly invoices for their services. It will pay an agreed set annual amount toeach endorsing body, which includes the consideration of an agreed number ofapplications plus an agreed ‘cost per additional application’ for the considerationof any additional applications above this inclusive amount.21. Any endorsement review consideration will be paid at 50% of the agreed ‘cost perapplication’ rate where the original decision is maintained. No payment will bemade where the original decision is overturned.Related contentContentsPart 4 – The Endorsing Body’s role inthe process of setting endorsementrequirements and the issuing ofendorsementsPrinciples22. The purpose of an endorsement of a Global Talent applicant is to confirm to theHome Office that, based on the evidence provided, the person is alreadyinternationally recognised in their field of expertise at the highest level or hasdemonstrated sufficient promise to be likely to become so.23. Decisions on migrant endorsements will:a. be impartial;b. be consistent;c. be based solely on any published endorsement criteria being appliedby the endorsing body to the Global Talent category at the time of theapplication;d. not give unfair advantage or disadvantage to any one employer orindividual;e. not advantage or disadvantage entrants from one country over another.Page 9 of 24

24. Challenges to endorsement decisions may only be made on grounds of process,through the Home Office’s official route of Endorsement Review – challengesagainst the substance of a peer review judgement will not be accepted.Setting the endorsement requirements25. The endorsing body is responsible for the published Global Talent endorsementrequirements against which it will consider such requests.26. All Global Talent endorsement requirements will be provided to the Home Officeby the endorsing bodies. This will be done such that the requirements can bemade available in the Immigration Rules published in the Home Office pages ofthe GOV.UK website, and kept up to date to ensure applicants are clear aboutthe criteria against which endorsements for individuals are assessed.27. The Global Talent endorsement requirements will comply with any UK legislationand immigration regulations, as detailed on the Home Office pages of theGOV.UK website.28. Changes to Global Talent endorsement requirements will be made to coincidewith other scheduled changes to the Immigration Rules, unless required bylegislative or other changes outside the control of the endorsing body or theHome Office.The endorsements29. Endorsing bodies will communicate their Global Talent endorsement decisionsdirectly to the Home Office.30. The endorsement decision will be signed by a named signatory whose details willbe provided to the Home Office.31. The suggested format for a Global Talent endorsing body endorsement decisionscan be found in Annexes A, B,C and D.32. Endorsements for Global Talent migrants will be required for initial and switchingapplications only.33. The endorsing body’s further endorsement is not required for any extension orsettlement application by a Global Talent migrant. However, an endorsing bodywill notify the Home Office if it no longer wishes to endorse a particular applicant.Any application for further leave or settlement by the Global Talent migrant will berefused where the endorsing body has withdrawn its endorsement.Page 10 of 24

Record keeping34. The endorsing body will operate a numbering system of Global Talentendorsements to track readily those issued. Each endorsement will be assigneda unique reference number in a format specified by the Home Office that will beused by all endorsing bodies irrespective of the area they represent. Anendorsing body will not use a format other than that detailed below.35. The migrant endorsement will be in the following format:Endorsing body unique reference allocated by the Home Office/financ

endorsement, the Home Office will then advise the applicant of the decision. Once the stage 2 application is submitted the Home Office will consider the case and decide whether to issue entry clearance or leave. If the decision is to refuse the application, the Home Office w

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