1 Post-study Working Visas for International Students for Salford University June 18 th 2013 Presented by Nicky Dean, Immigration Solicitor
2 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.
3 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
4 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
5 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
6 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
7 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.
8 WORKING WITH YOUR STUDENT VISA When can students work full time? Whilst studying, periods that are not termtime 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
9 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
10 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)
11 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.
12 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
13 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
14 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
15 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
16 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..
17 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 (IAC)) where app invalid purely for lack of payment of fee (vi) Provide biometrics (fingerprints) Set out in Immigration rules para 34A of HC395
18 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!!!
19 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
20 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
21 Tier 1 Entrepreneurs (i) Prospective Entrepreneur 6 months to raise 50k (ii) Tier 1 (Entrepreneur) need 50k or 200k (iii) Tier 1 (Graduate Entrepreneur) years to raise 50k
22 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
23 (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
24 (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
25 (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
26 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
27 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
28 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 months
29 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)
30 Tier 5 Government Authorised Exchange (GAE) (i) A certificate of sponsorship (ii) funds 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
31 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!
32 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
33 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???
34 2006 EEA Regulations (i) worker (ii) job seeker (iii) self employed (iv) self sufficient (v) student
35 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!
36 USEFUL LINKS Tier 2 and 5 Sponsor Register sandsponsors/pointsbasedsystem/pbsregisterofsponsors Tier 2 Codes of Practice sandsponsors/pointsbasedsystem/cop-skilled-workers.pdf List of Public Funds dernised/cross-cut/public-funds/funds.pdf?view=binary
37 CONTACT DETAILS Nicky Dean Haq Solicitors, Prospect Business Centre, Prospect House, Prospect Street, Huddersfield HD1 2NU Direct contact details : (m)