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LAURA BRYAN 09/03/2016 VERSION 2.1 PAGE 1 Tier 1 Graduate Entrepreneur Policy and Procedure

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Page 1: Tier 1 Graduate Entrepreneur Policy and Procedure · 1. The Tier 1 Graduate Entrepreneur (GE) scheme allows graduates from outside of the EU/EEA to remain in the UK for up to 2 years

LAURA BRYAN 09/03/2016 VERSION 2.1 PAGE 1

Tier 1 Graduate Entrepreneur

Policy and Procedure

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LAURA BRYAN 09/03/2016 VERSION 2.1 PAGE 2

Table of Contents Introduction ........................................................................................................................... 3

Scope of the Policy ............................................................................................................ 3

GE Endorsement limits ...................................................................................................... 3

Eligibility Criteria ................................................................................................................... 3

Application Process .............................................................................................................. 4

First Year Endorsements ................................................................................................... 4

Second Year Endorsements .............................................................................................. 4

Monitoring and Compliance................................................................................................... 5

Changes of Circumstances ................................................................................................ 5

Withdrawal of Sponsorship ................................................................................................ 5

Annex 1 - Tier 1 Graduate Entrepreneur Visa Scheme Declaration....................................... 7

Annex 2 - Tier 1 Graduate Entrepreneur Visa Scheme Declaration for Extensions…………..8

Annex 3 - Endorsement Letter Template………………………………….……………………...10

Annex 4 - Endorsement Letter for Extension Template…………………………………………12

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LAURA BRYAN 09/03/2016 VERSION 2.1 PAGE 3

Introduction

1. The Tier 1 Graduate Entrepreneur (GE) scheme allows graduates from outside of the EU/EEA to remain in the UK for up to 2 years to develop innovative business ideas or entrepreneurial skills.

Scope of the Policy

2. This policy outlines the regulations and processes governed by UK Visas and Immigration (UKVI) guidelines for sponsoring a graduate under the GE scheme.

3. Aston University is a UKVI recognised sponsor under the Tier 1 GE arrangements and

is able to endorse graduates that have been assessed by the University as having a genuine and credible business idea.

4. In line with UKVI guidance to institutions Aston University will assess all applications to BSeen against the criteria that the business idea must be genuine and credible, that it must not involve property development or property management and that it will make good use of the graduate’s skills and add to the UK economy, rather than being a routine business which will merely compete with other local traders.

5. Students or graduates will be required to undergo an assessment to determine the

credibility of their proposed business. To do this, students or graduates must submit an application to Birmingham Skills for Enterprise and Employability Network (BSeen). BSeen is a collaborative initiative to assist students and graduates set up in business in the West Midlands area through a start-up programme.

6. Once accepted on the BSeen programme, Aston University Hub Advice Zone will

determine whether or not the University can endorse them under GE and act as their Sponsor.

7. This policy document is current and up-to-date at the time of publishing but will be

reviewed annually and is subject to change.

GE Endorsement limits

8. GE Endorsements: 20

9. GE Endorsement renewal date: April 2017

Eligibility Criteria

10. Applicants to the scheme must:

have graduated from Aston University with a Bachelor’s degree, Master’s Degree, or PhD within the immediate 3 years preceding the date of application for GE; and

have been accepted by the BSeen programme, therefore confirming that they have a genuine, credible and innovative business idea; and

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LAURA BRYAN 09/03/2016 VERSION 2.1 PAGE 4

have maintained a good engagement record with the University during their academic studies; and

agree to a minimum of four contact points per 12 month period with the University; and

have held a minimum of £945 (if applying within the UK) or £1890 (if applying outside the UK) in their bank account for a consecutive period of 90 days before the date of application; held in the appropriate manner as defined by the Home Office GE Policy Guidance; and

have valid leave to remain in the UK in one of the following categories, if applying from within the UK

o Tier 4 migrant o Student o Student nurse o Student re-sitting an examination o Student writing up a thesis o Postgraduate doctor or dentist o Tier 1 (Graduate Entrepreneur) migrant o Tier 2 (General) migrant

Application Process

11. Applications for an initial GE grant of leave can either be made inside the UK or from abroad. The Hub Advice Zone will provide advice and guidance to the individual regarding the application process. If the visa application is made within the UK it will be checked and sent by an International Student Adviser through The Hub Advice Zone. If the application is made outside the UK it is advisable to get it checked by an Adviser prior to applying.

First Year Endorsements

12. Graduates or current students close to their award date should request an endorsement under the GE scheme from The Hub Advice Zone.

13. An Adviser will reserve an endorsement reference number for the individual, pending confirmation that all of the eligibility criteria have been met.

14. Once the individual meets the criteria The Hub, Advice Zone will issue an endorsement letter for a 12 month GE visa application.

15. GE visa applications cannot be made without this endorsement letter.

Second Year Endorsements

16. GE visa holders seeking an extension for a further 12 months will have to demonstrate that they have made sufficient progress on their business or business idea.

17. BSeen will be responsible for assessing progression and the University will have final say on approval.

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LAURA BRYAN 09/03/2016 VERSION 2.1 PAGE 5

18. Should the individual be unable to demonstrate sufficient progress on their business or business idea, the University reserves the right to refuse an endorsement and report to UKVI.

19. The maximum time that can be granted under the GE scheme is 24 months. This does not necessarily have to be two consecutive periods of leave.

20. Where a candidate is successfully awarded an initial grant of leave and decides to opt for a gap between the first grant of leave and the extension application, the University will only consider graduates who have graduated from the University within 3 years of the date of the second application.

21. The level of engagement that a graduate had with the University as a GE migrant during their first 12 month period will be taken into consideration by the University before endorsing the graduate for a second 12 month period.

Monitoring and Compliance

22. The University requires Graduate Entrepreneurs to maintain a minimum of four contact points with the University throughout the duration of each 12 month leave period.

23. The University reserves the right to request additional contact points, to be agreed with the individual.

24. Contact points will be determined by BSeen and The Hub Advice Zone and will be monitored by the Visa Compliance Team.

25. Failure to comply with a contact point, without notifying The Hub Advice Zone or BSeen, may result in withdrawal of endorsement. This will be at the discretion of the University.

26. Graduate Entrepreneurs must spend the majority of their time in the UK developing and growing their business.

27. The University will keep copies of all documentation used as evidence of progression of the individual’s business.

Changes of Circumstances

28. Any changes of circumstance must be communicated to the Visa Compliance Team within 10 days of the change taking place. Examples are:

Change of address or contact details

Moving to a different visa category

Ceasing to operate the agreed business

Leaving the UK for more than 60 days

Criminal convictions

Withdrawal of Sponsorship

29. The University may withdraw sponsorship in the following circumstances:

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LAURA BRYAN 09/03/2016 VERSION 2.1 PAGE 6

Failure to notify the University of a change of circumstance;

Failure to progress the business as agreed;

Missing any of the agreed contact points.

30. The University will endeavour to work proactively with the individual to resolve issues before deciding to withdraw.

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LAURA BRYAN 09/03/2016 VERSION 2.1 PAGE 7

Annex 1 Declaration for the Tier 1 Graduate Entrepreneur Visa Scheme

Purpose of the Scheme The Graduate Entrepreneur visa is intended to enable students gaining a UK degree to stay in the UK for an additional 12 month period to establish one or more businesses in the UK. Please make yourself aware of the conditions of the Scheme, a summary of which appears below. Full details can be seen on these websites: www.gov.uk/tier-1-graduate-entrepreneur-visa/overview www.ukcisa.org.uk/International-Students/The-next-stage/Working-after-your-studies/Entrepreneurs-high-value-migrants/Tier-1-Graduate-Entrepreneur/ Before we can issue you with an endorsement you must first agree to comply with the conditions of the scheme and of the University.

APPLICANT DETAILS (PLEASE TYPE OR PRINT CLEARLY IN CAPITAL LETTERS)

First name and family name

Aston Student number

Current telephone number

Aston email address*

Alternative email address

*Please note that you must check this email account regularly while you are sponsored by the University

AGREED CONTACT POINTS (to be completed by an Adviser)

Contact Point 1 Start of project

[Tier 1 GE visa start date]

Contact Point 2 Progress check

[3 months after visa start]

Contact Point 3 Contact with The Hub about visa extension

[6 months after visa start date]

Contact Point 4 Sending visa extension application / end of project

[1 month before visa expiry date]

Your responsibilities under the Tier 1 Graduate Entrepreneur visa scheme:

You can work as a self-employed person to set up your business(es) and you can also undertake any type of work except as a doctor or dentist in training, or as a professional sportsperson or sports coach.

You must maintain contact with the University. The University will be in contact with you at 4 points throughout the 12 month period of your visa, as outlined above.

You must check your university email address regularly. All correspondence about your visa, visa extension and sponsorship will be sent to this email account.

You must inform the Visa Compliance Team at the University on [email protected] of the following changes: Change of address or contact details

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Moving to a different visa category Ceasing to operate the agreed business Leaving the UK for more than 60 days Criminal convictions

You must spend the majority of your time in the UK developing and growing your business.

You must leave the UK when the visa expires unless you have obtained further valid leave (e.g. by applying for an extension under Tier 1 GE, Tier 1 Entrepreneur or Tier 2 visa).

Responsibilities of the University as your sponsor: As you are sponsored under this scheme by Aston University, the University is required to inform the Home Office of the following circumstances:

You miss a contact with the University and fail to provide an adequate explanation for doing so.

You permanently leave the UK.

The University has reason to believe you are breaching the conditions of your visa.

You fail to notify the University of a change of circumstance.

You are unable to demonstrate sufficient progress on your business or business idea.

You are no longer participating in the scheme.

The University withdraws your sponsorship. We will endeavour to work proactively with you to resolve issues before deciding to withdraw sponsorship.

Acknowledgement

I confirm that I understand the purpose of the Graduate Entrepreneur visa scheme, and, if granted a visa under the scheme, that I will comply with the conditions of the scheme and of the University. I understand that under the terms of the BSeen programme my business must be established in the West Midlands area. I understand that a visa granted for this scheme will have a validity period of 12 months, and that this can be extended for a further 12 months if the University is willing to continue sponsoring me. I understand that the University is under no obligation to continue sponsoring me and that it is at their discretion and depends on progress made on the business during the preceding 12 months. I understand that at the end of the 12/24 months I must either leave the UK or switch into a different visa category, depending on my circumstances.

Signature: Date:

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LAURA BRYAN 09/03/2016 VERSION 2.1 PAGE 9

Annex 2 Declaration for the Tier 1 Graduate Entrepreneur Visa Extension

You can extend your Tier 1 Graduate Entrepreneur visa for a further 12 months provided that the University is satisfied with the progress you have made in your first year on the visa in establishing your business. Please make yourself aware of the conditions of the visa extension. Full details can be seen on this website: www.gov.uk/tier-1-graduate-entrepreneur-visa/extend-your-visa Before we can issue you with a new endorsement you must first agree to comply with the conditions of the scheme and of the University.

APPLICANT DETAILS (PLEASE TYPE OR PRINT CLEARLY IN CAPITAL LETTERS)

First name and family name

Aston Student number

Current telephone number

Aston email address*

Alternative email address

*Please note that you must check this email account regularly while you are sponsored by the University

AGREED CONTACT POINTS (to be completed by an Adviser)

Contact Point 1 Visa extension collection date

[Tier 1 GE visa start date]

Contact Point 2 Progress check

[3 months after visa start]

Contact Point 3 Contact with The Hub about switching into Tier 1 Entrepreneur/Tier 2/future plans

[6 months after visa start date]

Contact Point 4 Sending visa extension application / end of project

[1 month before visa expiry date]

Your responsibilities under the Tier 1 Graduate Entrepreneur visa scheme:

You can continue to work as a self-employed person to work on your business(es) and you can also continue to undertake any type of work except as a doctor or dentist in training, or as a professional sportsperson or sports coach.

You must continue to maintain contact with the University. The University will be in contact with you at 4 points throughout the 12 month period of your visa, as outlined above.

You must continue to check your university email address regularly. All correspondence about your visa, visa extension and sponsorship will be sent to this email account.

You must inform the Visa Compliance Team at the University on [email protected] of the following changes: Change of address or contact details Moving to a different visa category Ceasing to operate the agreed business

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LAURA BRYAN 09/03/2016 VERSION 2.1 PAGE 10

Leaving the UK for more than 60 days Criminal convictions

You must continue to spend the majority of your time in the UK developing and growing your business.

You must leave the UK when the visa expires unless you have obtained further valid leave (e.g. by applying for an extension under Tier 1 GE, Tier 1 Entrepreneur or Tier 2 visa).

Responsibilities of the University as your sponsor: As you continue to be sponsored under this scheme by Aston University, the University is still required to inform the Home Office of the following circumstances:

You miss a contact with the University and fail to provide an adequate explanation for doing so.

You permanently leave the UK.

The University has reason to believe you are breaching the conditions of your visa.

You fail to notify the University of a change of circumstance.

You are unable to demonstrate sufficient progress on your business or business idea.

You are no longer participating in the scheme.

The University withdraws your sponsorship. We will endeavour to work proactively with you to resolve issues before deciding to withdraw sponsorship.

Acknowledgement

I confirm that if I am granted a visa extension under the scheme, that I will comply with the conditions of the scheme and of the University. I understand that under the terms of the BSeen programme my business must continue to be based in the West Midlands area. I understand that a visa extension granted for this scheme will have a validity period of 12 months, and that I must either leave the UK before the visa expires or obtain leave in a different visa category, depending on my circumstances. I understand that the University is under no obligation to continue sponsoring me and that it is at their discretion and depends on satisfaction with my progress and engagement while I hold a Tier 1 Graduate Entrepreneur visa.

Signature: Date:

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LAURA BRYAN 09/03/2016 VERSION 2.1 PAGE 11

Annex 3

FAO: Home Office

Endorsement Issue Date: [date]*

*This document is valid for three months from the above date

Re: Tier 1 Graduate Entrepreneur Letter of Endorsement

I have the consent of [Name] to endorse their application. I will confirm the contents of this letter to the

Home Office at their request.

Secure reference number: [Number from spreadsheet]

Applicant Personal Details

Applicant’s First Name: [First name]

Applicant’s Family Name: [Surname]

Date of birth: [DoB]

Nationality: [Nationality]

Passport number: [Current passport number]

Does the applicant have or intend to bring in, any dependants, if so how many?

Endorsing Higher Education Institution Details

Endorsing body: Aston University

Address of Endorsing Body: Aston University, Aston Triangle, Birmingham, B4 7ET

Authorising Official: Alison Levey

0121 204 4287

[email protected]

Details of the Endorsement

Awarding body: Aston University

Qualification awarded: [Qualification & Course title]

Level of qualification: [NQF Level]

Date of award: [Check date awarded with School/ Date result notified to

student]

Intended business sector/business intention:

[Brief description of business idea from BSEEN]

Reason for endorsing this applicant:

Aston University runs BSEEN, an entrepreneurial programme which assists graduates to set up their

own businesses in the Birmingham area and supports the regional priorities of: increasing employment

and retaining graduate skills. [Name] was selected to be part of the BSEEN support Program, and as

part of this a panel of entrepreneurial experts has assessed [him] and [his] business idea and is satisfied

that it is genuine and credible. The student will spend the majority of [his] working time on developing

business ventures.

If you require further details about this student’s endorsement, please do not hesitate to contact my

colleague Laura Bryan using the contact details below.

Yours faithfully,

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LAURA BRYAN 09/03/2016 VERSION 2.1 PAGE 12

Alison Levey (authorising official and Tier 4 Key Contact)

Aston University

Laura Bryan - International Student Adviser

Tel: +44 (0) 121 204 4567 [email protected]

Alternative Contact: Yvonne Burquest – Advice Zone Team Leader

Email: [email protected] Tel: +44 (0) 121 204 4382

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LAURA BRYAN 09/03/2016 VERSION 2.1 PAGE 13

Annex 4

FAO: Home Office

Endorsement Issue Date: [date]*

*This document is valid for three months from the above date

Re: Tier 1 Graduate Entrepreneur Letter of Endorsement - Extension

I have the consent of [Name] to endorse their application to extend their last grant of leave as a Tier 1

Graduate Entrepreneur. I will confirm the contents of this letter to the Home Office at their request.

Secure reference number used for

previous Tier 1 GE application: [Number from spreadsheet]

Applicant Personal Details

Applicant’s First Name: [First name]

Applicant’s Family Name: [Surname]

Date of birth: [DoB]

Nationality: [Nationality]

Passport number: [Current passport number]

Does the applicant have or intend to bring in, any dependants, if so how many?

Endorsing Higher Education Institution Details

Endorsing body: Aston University

Address of Endorsing Body: Aston University, Aston Triangle, Birmingham, B4 7ET

Authorising Official: Alison Levey

0121 204 4287

[email protected]

Details of the Endorsement

Awarding body: Aston University

Qualification awarded: [Qualification & Course title]

Level of qualification: [NQF Level]

Date of award: [Check date awarded with School/ Date result

notified to student]

Current business sector/business model:

[Brief description of business sector]

Reason for endorsing this applicant – extension application:

Aston University runs BSEEN, an entrepreneurial programme which assists graduates to set up their

own businesses in the Birmingham area and supports the regional priorities of: increasing employment

and retaining graduate skills.

[Insert progress paragraph from BSEEN]

[Name] was selected to be part of the BSEEN support Programme, and as part of this a panel of

entrepreneurial experts has assessed his/her business idea and are satisfied with the progress he/she

has made in establishing his/her business.

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LAURA BRYAN 09/03/2016 VERSION 2.1 PAGE 14

If you require further details about this student’s endorsement, please do not hesitate to contact my

colleague Laura Bryan using the contact details below.

Yours faithfully,

Alison Levey (authorising official and Tier 4 Key Contact)

Aston University

Laura Bryan - International Student Adviser

Tel: +44 (0) 121 204 4567 [email protected]

Alternative Contact: Yvonne Burquest – Advice Zone Team Leader

Email: [email protected] Tel: +44 (0) 121 204 4382