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Staying in the UK to Work:Tier 2 and other options
Jo Aldhouse and Sue Castle-Miller
Student Information and Advisory Service
21 January 2013
• 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
• Introduction of very limited Tier 1 (Graduate Entrepreneur) route
• Announcement in December 2012 by UK Government regarding DPhil and MBA students.
21 January 2013
Important Changes
This session will cover:
• Work schemes currently available
• Tier 1 (Graduate Entrepreneur)
• Tier 2 provision after study
• How to apply
• Frequently Asked Questions
21 January 2013
Work Schemes and other routes currently availableTier 2Licensed employer sponsors you for a specific job at an appropriate/minimum salaryProvision under Tier 2 (General) now available for completing studentsTier 1Exceptional Talent, Graduate Entrepreneur, Entrepreneur, Investor Tier 5Youth Mobility, Temporary Worker (includes Government Authorised Exchange Schemes for work experience and internships, and Sponsored Research)Other/outside Points-Based SystemVarious categories including Ancestry Visa
EEA/Swiss national or family member
21 January 2013
Tier 1 (Graduate Entrepreneur)
For those having “developed world class innovative ideas or entrepreneurial skills” (or at least, a good business idea!)
Limited to 1,000 visa applications per year until 2014
Oxford has 10 endorsements for 2012/13
Oxford can only endorse Oxford graduates
21 January 2013
Tier 1 (Graduate Entrepreneur)How to apply for an endorsement
The Careers Service manage the scheme for the University (see Careers Service blog)
For students who wish to establish a business in the UK and have an innovative plan
Submit your Business Plan to University Panel who will consider, interview and shortlist Check Careers Service blog for details of next round
Apply for visa within 3 months of endorsement – must have completed course
Start work on your business once you have applied for your visa
21 January 2013
Recent announcement – DPhil and MBA students
From April 2013:
• Students completing PhD in the UK will be allowed to remain for one year to find work or set up a business
• Opportunity for MBA graduates to start up businesses
Further information is expected prior to April and details will be posted on our website when available
21 January 2013
Student provision under Tier 2
Students
Obtain job offer with an employer who holds a Tier 2 (General) sponsor licence – list on UKBA website: see resources sheet
Employment must be skilled, at graduate level and with gross salary at or above appropriate annual rate for job or £20,000 - whichever is higher – both detailed in Code of Practice – for link see resources sheet
Employer sponsors the visa application by issuing a “Certificate of Sponsorship” (CoS)
Tier 2 visa/employment linked to sponsoring employer
21 January 2013
Student provision under Tier 2
Students - How to make a visa application
Obtain a total of 70 points:
Attributes = 50 points30 points for a Certificate of Sponsorship20 points for appropriate salary Maintenance = 10 pointsEnglish language = 10 points
Get consent from your financial sponsor (if applicable)
21 January 2013
Student provision under Tier 2
Certificate of Sponsorship(Cos) 30 points
A CoS is a unique reference number, giving information about the job and your personal details. Your employer will need to be satisfied that you meet the following criteria to issue a CoS:
Hold a current student visa (and have held relevant permission during whole study period)
Evidence = Visa in passport/Biometric Residence Permit
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Student provision under Tier 2
Most students need to have been “awarded their qualification”
Evidence:If you have graduated, your original degree certificateIf you have not graduated:• original final academic transcript (not on-course) usually automatically sent on completion or buy from University on-line shop; OR• original academic reference - use Degree Confirmation Letter (DCL) including paragraph confirming you will graduate and receive certificate later, from Degree Conferrals Office or on-line shophttp://www.ox.ac.uk/students/graduation/certificates/
21 January 2013
Student provision under Tier 2
DPhil students can apply before the end of their course as long as they have completed at least 12 months
Evidence =Original letter from your Department giving similar information as the Degree Confirmation Letter but stating that you have completed at least 12 months study (no programme end date or date of award required in the letter)
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Student provision under Tier 2
Minimum Salary 20 points
Your employer must ensure that the job they are offering meets the appropriate minimum salary level by checking Codes of Practice for Tier 2 Sponsors
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Student provision under Tier 2
Maintenance 10 pointsYou must show that you have at least £900 of available fundsEvidence =• Original bank statements or original letter from your bank
dated no more than 31 days before the date of application • Showing at least £900 in personal savings for a
consecutive 90 day period before date of application• Cash funds ‘held in an account’: shares, bonds, pension
funds, credit cards etc not acceptable• Can be in more than one account in your name• Account can be in joint names (you must be named)• Can be overseas account/currency (OANDA website gives
historic currency conversion rates)
Alternatively Sponsor can certify on your CoS that they will maintain you
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Student provision under Tier 2
English language 10 points• National of a majority English speaking country – seeTier 2 Policy Guidance Document for listEvidence = passportOR• Degree taught/researched in English, either in majority
English speaking country or appearing on UKBA points based calculator (doesn’t have to be current or most recent degree)
Evidence =If you have graduated, original certificate showing yourname, title and date of the award and name of awardingbodyIf you have not graduated, an original letter fromdepartment/college stating your name, title of award anddate that the certificate will be issued. Note DCL does not confirm certificate issue date so you
need to obtain a separate letter21 January 2013
Student provision under Tier 2
OR
Results from a UKBA specified Englishlanguage test (details of eligible tests on the UKBAwebsite)
Evidence = Original test certificate within its validity period
Required level (B1 CEFR) must be achieved in reading, writing, speaking and listening
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Student provision under Tier 2
Financial sponsor’s permission requiredONLY IF• your sponsor is a government or international
scholarship agency AND• you are currently sponsored or have been within 12
months of application AND• you were wholly supported by an award covering
both fees and living costs
THEN• you need sponsor’s written unconditional consent
(without time limit) to stay in the UK to accompany your Tier 2 application
21 January 2013
Student provision under Tier 2Further important points (see Tier 2 Policy Guidance Document for full detail):
To have the benefit of this provision, you must apply from within the UK
UKBA have a “points calculator” on their website as a guide
Those on Tier 1 (Post Study work) visas can also apply to switch into Tier 2 without employer having to undertake a RLMT
Length of initial visa 3 years, extendable for a further 3 years
Cost of application £561 by post or £867 in person
Beware ‘cooling off period’ – cannot apply to return to the UK under Tier 2 for a year
21 January 2013
Student provision under Tier 2
Employer
Must hold a Tier 2 licence – list of current licence holders available on UKBA website (see resources sheet)
Agree to sponsor your employment by issuing a “Certificate of Sponsorship” (CoS) number
The CoS will be “unrestricted”, meaning employer does not need permission from UKBA to issueANDEmployer is not required to complete a Resident Labour Market Test – job does not have to be advertised to settled workers as normally required
CoS valid for 3 months from issue
21 January 2013
Student provision under Tier 2
Dependants:Partner, and children under 18 (or over 18 ifalready have a visa as your dependant)
Unless they already have a dependant visa and are in the UK, they must apply from outside the UKIf they are already in the UK with a visa as your dependant they can apply in line with your Tier 2 applicationNo CoS required for dependant application
21 January 2013
Can a spouse or partner apply under Tier 2 him or herself?
A dependant partner can switch into Tier 2 from within the UK but needs a CoS from employer which will be “restricted” – employer requires permission from UKBA to issue CoS, and no exemption from RLMT.
Tier 4 holder cannot switch to being dependant in country.
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Tier 2 FAQsMy visa expires 2 months after the end of my course, will I have time to apply?You would need to: find and get offered a job with a Tier 2 employer; get a CoS from them; get the required evidence of your award and submit your Tier 2 application all before your visa expires. You can job-search whilst studying and undertake work experience/ internships within student work permission but unless you are a DPhil student you can’t apply for your visa before you complete your studies.
What counts as the date of application?Date of posting or date of in-person appointment, or for online applications, 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 requirements21 January 2013
Tier 2 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 visa application based on an offer from that employer. Applying for a Tier 2 licence is an involved and costly process which an employer is unlikely to go through to issue a single CoS.
When can I start working for my employer under Tier 2?Once you have submitted an application under Tier 2, you are eligible to start work with your Tier 2 employer while you wait for a decision (and even if you visa expires whilst a decision is pending)
DPhil students applying before completion of studies will not be able to use this provision and must wait until the visa is granted to start work
21 January 2013
Tier 2 FAQsCan I work part-time?Only if your actual earnings 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 requirement to earn a minimum of £20,000. It is unlikely that an employer will pay a salary in excess of the minimum included in the Code of Practice to enable the salary earned to meet the minimum requirements. Cannot claim pro-rata earnings
Can I work on a 6 month contract?Yes, if the annual salary meets the minimum level required to be issued with a CoSFor example, annual salary £30,000 meets minimum in Code of Practice = employed for 6 months earning £15,000. Can claim for equivalent earnings
21 January 2013
Tier 2 FAQs
Can I be self-employed?You must work for the company who issues the CoS. Although there is guidance to employers on taking on a ‘self-employed’ person, they still have to issue a CoS and you still have to have a contract with them.
Will the minimum salary include allowances?Any guaranteed part of an employment package can be included in the minimum salary
Can I get permanent residence? Time spent in the UK on Tier 2 counts towards 5 years’ residence required for settlement. At the relevant point, your current Tier 2 employer must certify that they still want you in the job and will be paid at or above appropriate rate (or above £35k from April 2016).
21 January 2013
See handouts for:
• UKBA website links for application forms, Policy Guidance and notes
• 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 [email protected] you have questions
Resources
21 January 2013
Action Plan
Analyse your options while you are still studying
Consider employers’ policy on recruitment in relation to hiring under Tier 2
Watch websites for information, future changes and the release of relevant documents
Think at least 3 months ahead about how you might meet financial requirements
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
21 January 2013
