Post-study Working Visas for International Students for Manchester Metropolitan University 5 th June 2013

Transcription

1 Post-study Working Visas for International Students for Manchester Metropolitan University 5 th June 2013 Presented by Nicky Dean, Immigration Solicitor

2 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 ndsponsors/pointsbasedsystem/pbsregisterofsponsors 2) Employer must issue a Certificate of Sponsorship confirming the post see Codes of Practice on UKBA website. SOC Codes now in Appendix J of the rules Must be paying either 20,300 pa for 39 hr week or the minimum salary for the job, whichever is the higher 3) Need the Certificate reference number to make an in country switching application

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 ndsponsors/pointsbasedsystem/pbsregisterofsponsors 2) Employer must issue a Certificate of Sponsorship confirming the post see Codes of Practice on UKBA website. SOC 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 reference number to make an in country switching application

4 CHANGES TO TIER 2 (GENERAL) Changes in 06/04/11 concession re Resident Labour Market Test not needed for Tier 4 to Tier 2 switch but all other Tier 2 criteria apply Changes for 06/04/13 (i) Changes to the list of skilled occupations, Codes of Practice new SOC codes to reflect the Standard Occupational Classification 2010 system (ii) Changes to salary requirements minimum rates for skilled workers are being updated to reflect changes in pay to settled workers, also overall salary thresholds across Tier 2 to be increased in line with wage inflation (iii) Changes to the way Resident Labour Market Test is conducted current lists of publications and websites where vacancies can be advertised to be replaced with new criteria for identifying suitable media

5 TIER 4 TO TIER 2 SWITCH Must have valid leave at date of application to switch from Tier 4 to Tier 2 Must have completed and passed UK degree during current leave 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 in writing with application

6 POINTS SCORE UNDER TIER 2 Attributes 50 points (certificate of sponsorship 30 points and relevant salary 20 points) English language 10 points Maintenance 10 points NB remember employer can certify maintenance when issuing Certificate of Sponsorship

7 WORKING WITH TIER 4 LEAVE 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 TIER 4 LEAVE 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, not periods needed for study

9 WORKING WITH TIER 4 LEAVE Types of work- Anything except self employment On completion of study, must not fill a permanent full time vacancy, UNLESS see para 294 of March 2013 Tier 4 Policy Guidance: (i) You have successfully completed course of degree level or above at a Sponsor that is a recognised body or a body in receipt of public funding as a HEI and (ii) You have made a Tier 2 application supported by a COS assigned by a Tier 2 sponsor before your Tier 4 leave has expired (and any appeal against that decision determined), AND (iii) You will be employed in that role for which the COS was assigned AND (iv) You have yet to receive a decision on your T2 application

10 CONDITIONS OF LEAVE No recourse to public funds Work for Tier 2 sponsor Supplementary employment (same profession and same professional level as T2 job up to 20 hpw (no need for licensed sponsor)

11 LENGTH OF LEAVE Period of engagement plus 14 days or 3 yrs plus 14 days 6 yrs maximum Settlement possible after 5 years (if still needed for job and min salary of 35k unless PhD level or shortage occupation) If accrue 6 yrs of T2 leave and do not apply for settlement, must spend 12 months outside the UK or 12 months in different immigration category before re-entering or applying again under T2 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 out of country applications, 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 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 Downside these slots can be difficult to get Postal applications can take a while until decision is made your student leave with conditions on work continue remember no working in permanent full time job 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 appt at Public Enquiry Office

14 IN COUNTRY APPLICATIONS 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 sent letter inviting you to enrol biometrics If complete application online, pay fee online and make premium service book appt at Public Enquiry Office, application date is date of appointment at PEO

15 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..

16 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 leave may have expired and you become an overstayer, vulnerable to removal CANNOT switch in country from Tier 4 to Tier 2 as an overstayer!!!

17 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 RLMT can be met by employer Limited no of Certificates that can be issued each month for out of country applications

18 Tier 1 Entrepreneurs 3 categories Q can you name any of them???

19 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

20 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

21 (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

22 (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

23 Tier 1 Entrepreneur If you genuinely intend to invest the money The money is genuinely available until such time as it is spent by the business UKBA consider evidence on the balance of probabilities. Q - What sort of evidence would you submit for this type of application? Discuss with person next to you

24 Evidence for Tier 1 Entrepreneur The evidence submitted by the applicant Viability and credibility of the source of the money Viability and credibility of the business plans and market research into chosen business sector Applicant s previous educational and business experience (or lack thereof) Applicant s immigration history and previous activity in the UK Any other relevant information

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 max 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 For anyone who is still awake at this stage well done!!! Q - What type of work does Tier 5 cover? Q - Can you name at least 3 of the categories in Tier 5?

27 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

28 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

29 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 for months depending on which scheme you are coming in under

30 BUNAC Intern in the UK (i) Work experience opportunities for up to 12 months internship and then leave the UK Minimum wage or above Supernumeray post not fill an actual vacancy Find own internship BUNAC fee plus visa fee (was 495 and 195 respectively but may have changed)

31 AISEC and Intern schemes (ii) AISEC - Develops leadership skills of recent graduates from overseas, typically with at least a year s experience in management (marketing, finance, sales) technical (IT, engineering) & Development (charity) through work with UK organisations Max 12 months stay (iii)tier 5 Intern schemes through GTI Recruiting Solutions work experience for 12 months

32 AISEC and Intern schemes (ii) AISEC - Develops leadership skills of recent graduates from overseas, typically with at least a year s experience in management (marketing, finance, sales) technical (IT, engineering) & Development (charity) through work with UK organisations Max 12 months stay (iii)tier 5 Intern schemes through GTI Recruiting Solutions work experience for 12 months

33 Tier 5 Government Authorised Exchange Q Name the 2 criteria you must you show for the application? Have a think.!

34 Tier 5 Government Authorised Exchange (i) A certificate of sponsorship (ii) funds for 90 days You can switch in country 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

35 Your dependent spouse & working Tier 4 dependants only conditions on working are not working as a doctor or dentist in training Switch into Tier 2 from Tier 4 dependant is permitted within the Immigration rules If you want to switch from Tier 4 main applicant to Tier 2 dependant is also permitted within the Immigration rules = Two chances for a married couple!

36 European dimension... You may be able to claim a right to reside in the UK under 2006 EEA Regulations, ie spouse, partner in a 'durable relationship' or civil partnership or through dual nationality through family members eg parents or grandparents Look at nationality provisions for the particular country

37 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???

38 2006 EEA Regulations (i) worker (ii) job seeker (iii) self employed (iv) self sufficient (v) student

39 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!

40 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!

41 CONTACT DETAILS Nicky Dean Haq Solicitors, Prospect Business Centre, Prospect House, Prospect Street, Huddersfield HD1 2NU Direct contact details : (m) nickydean.law@gmail.com