Post-study Working Visas for International Students – for Salford University June 18th 2013

Presented by Nicky Dean,

Immigration Solicitor

Ways to Post Study Working Visas

Several different ways to get Post Study

Working Visa

Tier 1 - Highly Skilled or People with Lots of

money

Tier 2 – Skilled Graduate Workers

Tier 5 – Temporary Work (certain categories)

Tier 2 is the most common route.

TIER 2 (GENERAL)

Route for skilled workers to do jobs at Graduate level

1) Must have an employer to sponsor you. See ‘Tier 2 Sponsor register’ on UKBA website for complete list of employers

2) Employer must issue a Certificate of Sponsorship confirming the post – see ‘Codes of Practice’ on UKBA website. The Codes now in Appendix J of the rules

Must be paying either £20,300 k pa for 39 hr week or the minimum salary for the job, whichever is the higher

3) Need the Certificate to apply under Tier 2 from inside the UK

TIER 4 > TIER 2

Must have current visa at date of application to switch from Tier 4 (Student Visa) to Tier 2

Must have completed and passed UK degree during current Visa

Must provide original degree certificate/academic transcript/academic reference on official headed paper of the institution showing your name, course title/award/course duration/date of completion

Sponsored students must provide unconditional consent from the financial sponsor of your studies, in writing, to make the Tier 2 application

TIER 4 > TIER 2

Must have current visa at date of application to switch from Tier 4 (Student Visa) to Tier 2

Must have completed and passed UK degree during current Visa

Must provide original degree certificate/academic transcript/academic reference on official headed paper of the institution showing your name, course title/award/course duration/date of completion

NB - Tier 2 sponsor does not have to do the 'Resident Labour Market Test' when switching from Tier 4 to Tier 2

Sponsored students must provide unconditional consent from the financial sponsor of your studies, in writing, to make the Tier 2 application

POINTS SCORE UNDER TIER 2

Attributes – 50 points

– (certificate of sponsorship – 30 points and

correct salary 20 points)

English language (UK Degree) – 10 points

Maintenance (£900 for 90 days) – 10 points

NB remember employer can offer financial

maintenance when issuing Certificate of

Sponsorship

WORKING WITH YOUR STUDENT VISA

Definition of ‘employment’ – para 6 of the Immigration rules- ‘includes paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of study, self employment and engaging in business or any professional activity’

Students have conditions – usually ‘20 hours max in term time’.

WORKING WITH YOUR STUDENT VISA

When can students work full time ?

Whilst studying, periods that are not term-

time eg vacations and on completion of

studies, after course had ended, including

time pending decision on an immigration

application

Tier 4 sponsor decides term time

WORKING WITH YOUR STUDENT VISA

Types of work-

Anything except self employment

On completion of study, must not fill a permanent full time vacancy, UNLESS:

– (i) You have successfully completed course of degree level

or above AND

– (ii) You have made a Tier 2 application supported by a

Certificate given to you by your Tier 2 sponsor before your

Student Visa has expired (and if appealing, your appeal is

not yet decided), AND

– (iii) You will be employed in that role for which the

Certificate was given AND

– (iv) You have yet to receive a decision on your T2

application

CONDITIONS ON YOUR TIER 2 VISA

You cannot claim public funds

Only work for your Tier 2 sponsor

You can do a second job at the same level in

the same profession as T2 job up to 20 hours

pw (no need for licensed sponsor)

LENGTH OF TIER 2 VISA

Length of contract plus 14 days or

3 yrs plus 14 days

6 yrs maximum of Tier 2 Visa

Permanent stay possible after 5 years (if still needed for job and min salary of £35k unless PhD level or is a Home Office shortage occupation)

If achieve 6 yrs of T2 Visa and do not apply for permanent stay, must spend either 12 months outside the UK before re-entering, or 12 months in different Visa category before applying again under T2 – known as a ‘cooling off’ period.

DIFFERENT WAYS TO APPLY

(i) In country postal application

(ii) Public Enquiry Office eg Liverpool

(iii) In country on-line application

(iv) Out of country visa application

NB Resident Labour Market Test does apply for applications made outside of UK, and restrictions on number of Certificates issued on a monthly basis – only exceptions are shortage occupation posts or those paying £150k

TIPS WHEN MAKING APPLICATIONS

Things to remember…..

Same day service at the Home Office Public Enquiry Office is more expensive, BUT you do get a decision same day – only suitable for straightforward applications

If they have any questions, you are there for them to ask you

BUT – these slots can be difficult to get

TIPS WHEN MAKING APPLICATIONS

Postal applications can take a while – until decision is made your student

leave with conditions on work continue

If going down postal route – remember – copy EVERYTHING you submit,

and send be Recorded or Special Delivery

Do covering letter with header and list of enclosures

Facility to make on-line application on UKBA website, pay application fee

on-line and submit by post or appointment at Public Enquiry Office

APPLICATIONS FROM INSIDE UK

Application date varies – if complete application form online, pay fee online and send supporting documents by post, date of posting supporting docs is application date

Send supporting docs by post within 15 days of application date. Then the Home Office sends a letter inviting you to enrol biometrics

If complete application online, pay fee online and book premium service appointment at Public Enquiry Office.

Application date is date of appointment at PEO

VALID APPLICATIONS

Q – What must you do to make a valid

application ?

See if you can identify at least 3 things –

discuss with the person next to you…..

WHAT IS A VALID APPLICATION ?

(i) Must use the correct form

(ii) Complete all required parts of the form

(iii) Provide all required supporting docs and photos meeting UKBA requirements

(iv) Form signed and dated !

(v) Pay fee in method specified (see case of Basnet (2012) UKUT 00113 (IAC)) where app invalid purely for lack of payment of fee

(vi) Provide biometrics (fingerprints)

Set out in Immigration rules para 34A of HC395

WHY DOES IT MATTER ?

VERY important – if application is not valid then risk application being treated as an attempted, ‘invalid’ application

If this happens, your Visa may have expired and you become an overstayer, at risk of removal

CANNOT switch in the UK from Tier 4 (Student) to Tier 2 as an overstayer !!!

WHAT DO I DO NOW ?

Plan ahead – if employer not yet on sponsor

register, need to do so for Tier 2 switching

application

Can still make application from home country

if Resident Labour Market Test can be met by

employer

Limited number of Certificates that can be

issued each month for applications from

outside UK

Doctoral Extension Scheme

For PhD students about to complete

Extend your Tier 4 status for 12months

Can work / look for work – but need a Tier 2

sponsor after this time.

Date of application under extension scheme

must be within 60 days of the expected end

date of the course leading to award of PhD

Tier 1 Entrepreneurs

(i) Prospective Entrepreneur – 6 months to

raise £50k

(ii) Tier 1 (Entrepreneur) – need £50k or

£200k

(iii) Tier 1 (Graduate Entrepreneur) – 1 + 1

years to raise £50k

Tier 1 Entrepreneurs

Looking to establish, join or take over one or

more businesses in the UK either as:

(i) A sole trader

(ii) Partnership

(iii) Company registered in the UK

(i) Prospective Entrepreneur

In discussion with:

Venture capital firms or

Seed funding competitions or

One or more government departments

To secure funding of £50k

Leave to enter the UK granted for 6 months

(ii) Tier 1 (Entrepreneur)

Funding of £50k secured from

Venture capital firm

Seed funding competition or

One or more government department OR

Personal/other funds of £200k

NB on 30/01/13 UKBA introduced ‘genuine’ test to consider if genuinely intend and are able to establish, take over or become a director of one or more businesses in the next 6 months

(iii) Tier 1 Graduate Entrepreneur

Limit of 1,000 places across the UK

Check if your University is registered with UKBA to participate

Each University allocated maximum 10 places

You can switch into this category in the UK

You must – be awarded a degree from the University

Submit a business proposal to be assessed

Obtain confirmation that your business proposal is likely to succeed

Leave granted for 1 yr can be extended for a further year

Tier 5 – Temporary work categories

Skilled work NVQ level 3:

(i) Creative and sporting

(ii) Charity workers

(iii) Religious workers

(iv) Government authorised exchange

(v) International agreement

(vi) Youth mobility

Tier 5

(i) Tier 5 (Youth mobility)

Only if you are from Australia, Canada, Japan, Monaco, New Zealand or Taiwan – age group ???

(ii) Tier 5 (Temporary Worker – Government authorised exchange)

For people coming to UK through approved schemes that aim to share knowledge, experience and best practice, and experience social/cultural life of the UK

Schemes such as AISEC, BUNAC, IAESTE

Full list on UKBA website

Tier 5 – Government Authorised Exchange

This category can’t be used to fill job vacancies or bring unskilled labour to the UK

Sponsor is the overarching body who manages the government authorised exchange scheme. They must have the support of a UK government department

Individual employers/organisations cannot sponsor migrants in this category even if licensed as sponsors under other tiers or other categories of Tier 5

Only exception to this is if you are coming to the UK as a sponsored researcher, where the higher education institution you are coming to work at will be your sponsor

Can come to UK for 12-24 months

BUNAC – Intern in the UK

(i) Work experience opportunities for up to 12 months internship and then leave the UK

Minimum wage or above

Must not fill an actual vacancy

You find your own internship

Fee to join BUNAC sponsorship scheme is £505 plus your visa fee (check UKBA website)

Tier 5 Government Authorised Exchange (GAE)

(i) A certificate of sponsorship

(ii) funds - £900 for 90 days

You can switch from inside the UK from Tier 4 into

Tier 5 (GAE) if being sponsored to undertake a

period of postgraduate professional training or work

experience required to obtain a professional

qualification or registration in the same professional

field as the qualification AND not filling a permanent

vacancy OR

You can apply from abroad

Your husband/wife & working

If your husband/wife is your student visa

dependent, their only conditions on working

in UK are not working as a doctor or dentist

in training

They can move from Tier 4 dependent to Tier

2 main applicant from inside the UK– is

permitted within the Immigration rules

You can move from Tier 4 main applicant to

Tier 2 dependent, also from inside UK

= Two chances for a married couple !

European dimension......

You may be able to claim a right to reside in

the UK under 2006 EEA Regulations, i.e.

spouse, partner in a 'durable relationship' or

civil partnership

or through dual nationality through family

members e.g. parents or grandparents

Look at nationality provisions for the

particular country

2006 EEA Regulations

Come under the Regulations if you are either

family member of an EEA national exercising

treaty rights OR

You are an EEA national yourself exercising

treaty rights

Must be exercising treaty rights in 1 of 5

ways. Any ideas what they are ???

2006 EEA Regulations

(i) worker

(ii) job seeker

(iii) self employed

(iv) self sufficient

(v) student

AND FINALLY…

Remember – better to get an application right than to try and rectify on appeal !

Either – get it right if doing it alone, look at the Immigration rules, Policy Guidance notes and Statements of Changes to the Immigration rules

OR take advice when making an application, preferable to seeking advice on appeal !

USEFUL LINKS

Tier 2 and 5 Sponsor Register http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employer

sandsponsors/pointsbasedsystem/pbsregisterofsponsors

Tier 2 Codes of Practice http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employer

sandsponsors/pointsbasedsystem/cop-skilled-workers.pdf

List of Public Funds http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/mo

dernised/cross-cut/public-funds/funds.pdf?view=Binary

CONTACT DETAILS

Nicky Dean

Haq Solicitors, Prospect Business Centre,

Prospect House, Prospect Street,

Huddersfield HD1 2NU

Direct contact details :

(m) 07580 455452

Email: nickydean.law@gmail.com