Staying in the UK to WorkNew provision for students under Tier 2

Sue Castle-Miller Visa and Immigration Adviser

Student Information and Advisory Service

student.immigration@admin.ox.ac.uk

8 March 2012

Initial indication of future changes announced by the Government in March 2011

In February 2012 Government issued a “Statement of Intent” which announced

•Closure of Tier 1 (Post Study Work) on 5 April 2012

•Introduction of a new provision for students under Tier 2 of the Points Based System from 6 April 2012

•Details to be laid before Parliament on 15 March 2012

8 March 2012

Introduction

This session will cover:

• Work schemes currently available

• Scheme still to be launched

• What we know about the new Tier 2 provision for students

• Information still to be released

• Frequently Asked Questions

8 March 2012

Work Schemes and other routes currently availableTier 2Licensed employer sponsors you for a specific job at an

appropriate/minimum salaryNew provision to be introduced under Tier 2 (General)Tier 1Exceptional Talent, Entrepreneur, Investor and PostStudy Work (until 5/4/12)Tier 5Youth Mobility, Temporary Worker (includesGovernment Exchange Schemes for work experienceand internships)Outside Points-Based SystemVarious categories including Ancestry Visa

EEA/Swiss national or family member

8 March 2012

Scheme still to be launched

Tier 1 (Graduate Entrepreneur)

Initial outline of scheme announced in February 2012 but not yet implemented

For those having “developed world class innovative ideas or entrepreneurial skills”

Scheme only open to HEIs who are “Highly Trusted Sponsors” under Tier 4 or who are “A-rated” under Tier 2

Student sponsored by University from which they have graduated

Limited to 1,000 applications in the first year

8 March 2012

What we know about the new student provision under Tier 2

Students

Apply from within the UK (no provision to apply overseas)

Must hold a current student visa

Most need to have been “awarded their qualification”

Except DPhil students who must have completed at least 12 months of study

Meet all normal T2 criteria which includes English language, maintenance and permission from financial sponsor (if applicable)

8 March 2012

What we know about the new student provision under Tier 2

Students

Obtain job offer with an employer who holds a Tier 2 sponsor licence

Employment must be skilled and at graduate level

Salary at or above minimum annual rate for job detailed in appropriate Code of Practice, or £20,000, whichever is higher

Employer will need to sponsor the visa application by issuing a “Certificate of Sponsorship” (CoS) – a unique reference number, which holds information about the job and your personal details

Tier 2 visa will be linked to that specific employer8 March 2012

What we know about the new student provision under Tier 2Employer

Must hold a Tier 2 licence

Agree to sponsor your employment by issuing a “Certificate of Sponsorship” (CoS) number

This will not be subject to the annual limit – the CoS will be “unrestricted”

ANDEmployer is not required to complete a Resident

Labour Market Test – job not advertised to British or EEA workers

CoS valid for 3 months from issue

8 March 2012

What we know about the new student provision under Tier 2

Dependants

New dependants can apply “on same terms as other Tier 2 migrants”

Existing dependants can continue to be sponsored by main applicant

Dependants can switch into Tier 2 in their own right but will be “subject to the Tier 2 limit”

No CoS required for dependants

8 March 2012

Information still to be released

Length of initial visa under new provision

Whether visa can be extended

Details about the application process (new Tier 2 Policy Guidance to be published)For example, at what point is a student “awarded their qualification” and the evidence required?

How the application form will look and how to complete it (form issued for use from 6 April 2012)

Cost of application

8 March 2012

Information still to be released

Maintenance requirements and evidence to show level of funding

Whether an “A-rated” Tier 2 sponsor will be able to certify maintenance

Details of any other requirements

Point at which you can start your employment under the new Tier 2 provision

Visa and Immigration website will be updated with information as and when it is availablewww.ox.ac.uk/students/international_students/

8 March 2012

FAQs

My visa expires 2 months after the end of my course, will I have time to apply?This will rely on receiving required evidence of your award, finding and being offered a job with a Tier 2 licence holder, supplying employer with required documents to be able to issue you a CoS and making your application before the date your visa expires

What is the date of application?Date of posting, date of in-person appointment, or if online applications accepted, date you submit application form and pay application fee online.

Can a Junior Research Fellow apply?Non-stipendiary JRFs will not be eligible (no salary). Paid JRFs would need to meet the salary level and other requirements

8 March 2012

FAQs

My prospective employer does not hold a Tier 2 sponsor licence. How can I apply?You will not be able to make a Tier 2 application based on that employment. The employer would need to apply for a Tier 2 licence (which is an expensive and fairly lengthy process) and issue with a CoS for you to be able to take up that job offer

When can I start working for an employer under Tier 2?It should be possible to start work once you have submitted an application under the new Tier 2 provision but only on a short term contract. This will be clarified in the new Policy Guidance

8 March 2012

FAQsWhen can I start working for an employer under Tier 2?It should be possible to start work once you have submitted an application under the new Tier 2 provision but only on a short term contract. This will be clarified in the new Policy GuidanceThe Government announced this change on 29 February to take effect from 6 April 2012

Can I work part-time?Only if you can meet the minimum salary level and other requirements. For example, full salary £30,000, working 0.5 p/t = £15,000 which does not meet the £20,000 minimum

8 March 2012

FAQs

Can I be self-employed?Unlike Tier 1 (PSW) you cannot be self-employed

Will the minimum salary include allowances?This has still to be confirmed but any guaranteed part of an employment package is included under the current Tier 2 (General) scheme

Can I get permanent residence? Time spent in the UK on Tier 2 will no longer confer an automatic right to apply for settlementApplications will be accepted but need to meet published requirementsGovernment announced this change on 29 February to take effect from 6 April 2012

8 March 2012

See handout for links to:

• UKBA website for current and new application forms and guidance notes when available

• UK Council for International Student Affairs (UKCISA) website for Information Sheet, ‘Working in the UK after your studies’ (and ‘Working during your studies’)

Help from Visa and Immigration Advisers inStudent Information and Advisory Service:

E-mail student.immigration@admin.ox.ac.ukif you have questions

Resources

8 March 2012

Action Plan

Analyse your options bearing in mind future and potential changes

Consider employers’ policy on recruitment in relation to hiring under Tier 2

Watch websites for new information, changes and the release of relevant documents

Think about how you might meet any financial requirement

Allow sufficient time to work on the application and collect documents

You should not have any travel plans if you are going to make any visa application by post

8 March 2012

ANY QUESTIONS?

student.immigration@admin.ox.ac.uk

8 March 2012