Routes to settlement in the UK in the light of the changes introduced into the Immigration Rules in April 2012

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2 Routes to settlement in the UK in the light of the changes introduced into the Immigration Rules in April 2012

3 Topics of the presentation Working in the UK on completion of studies after closure of PSW route Introduction of the new Graduate Entrepreneur Route Switching to Tier 2 (General) category Switching to Tier 1 (Entrepreneur) category Settlement in the UK: the present and the future

4 Settlement categories Long residence: after 10 years Long residence: 14 years of any legality Five years in a qualifying category With accelerated settlement option for investors and entrepreneurs Two years on a spouse visa Six years on discretionary leave to remain

5 Limit on the time permitted for studying Studying at degree level is limited to 5 years with the following exceptions: o Those studying for a Master s degree on completion of a 4 or 5 years Bachelor s degree, in which case they are allowed 6 years o Those studying for a PhD at an Higher Educational Institution. However, if after completing the PhD the total time spent on Tier 4 exceeds 8 years, no further leave will be granted under Tier 4 o Exemption for those following courses in: o Architecture o Medicine o Dentistry o Veterinary Medicine o Law o Music The 5 year limit will operate in addition to time spent studying below degree level

6 Options for Tier 1 PSW migrants PSW category closed for new entrants on 6 April 2012 Options for Tier 1 PSW visa holders: Switching to Tier 1 (Entrepreneur) on concessionary capital requirements Switching to Tier 2 (General) category Returning to Tier 4

7 Introduction of Graduate Entrepreneur Scheme New immigration category for graduates who have been identified by Higher Education Institutions as having developed world class innovative ideas or entrepreneurial skills, to extend their stay in the UK after graduation to develop their business. There are 1000 places divided between 88 participants Applicants will need to be in the UK and sponsored by the Higher Education Institution from which they have been awarded a Bachelor s degree, Master s degree or PhD Successful applicants will be granted leave for 12 months initially, which may be extended for a further 12 months Right to work for up to 20 hours Time in this category will not count towards settlement

8 Switching to Tier 2 (General) category From 6 th April students can switch to Tier 2 (employed highly skilled migrant category) without meeting the local labour market test The job does not have to be on the shortage occupation list The job must be on the graduate occupation list published by UKBA Present requirement: the job must be NQF level 4 From July 2012 the job will have to be an NQF level 6 Paid in accordance with the code of practice published by UKBA and not less than 20K per year The employer has to have sponsorship licence

9 New rules for Tier 2 (General) category Restricted settlement right: salary not less than 35K from summer 2016 Time in this category now limited to six years No right of return under the same category for 12 months for those who have completed their 6 years Right to switch into Tier 1 Entrepreneur or Investor category Alternative settlement under the long residence rule remains an option

10 Switching to Tier 1(Entrepreneur) Beneficiaries of the Graduate Entrepreneur Scheme, as well as current holders of PSW, will be permitted to switch into Tier 1 (Entrepreneur) category on a concessionary basis Concessionary capital requirement- 50,000 Two full time jobs to be created before visa can be extended

11 Settlement: summary Life in the UK test requirement Good character requirement Long residence rules remain unchanged Qualifying categories: limitations introduced to Tier 2 category From April 2016, Tier 2 migrants will have to earn not less than 35,000 or the applicable minimum under the relevant code of practice, whichever is higher Accelerated settlement for Tier 1 (Entrepreneur): May apply after 3 years where they have created 10 sustainable jobs or generated 5m turnover over the 3 year period Accelerated settlement for Tier 1 (Investor) migrants: Those investing 10m or more may apply for settlement after 2 years, and those investing 5m or more may apply after 3 years

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