Tier 1 (Post study Work) Visa & The Future

By Adrian Farley Farley & Associates

In an attempt to encourage Overseas Students educated in the United Kingdom to apply their skills to the labour

market here the previous government established a number of work schemes aimed at simplifying the

application process by introducing the points based system. With a down turn in the UK Economy the recent

government has systematically closed most of the schemes with the current exception of

• Tier 1 - Post Study Work

Post Study Work Visa

Currently you need a total of 95 points to be able to apply.

75 points for your attributes

10 points for English Language

10 points for Maintenance

Attributes• Qualification - 20 Points. Awarded for a UK recognized Bachelor’s

or Masters Degree, Post Graduate Certificate In Education (PGCE) or PhD. 

• Institution - 20 Points. Awarded for applicants that study at a UK recognized Institution or listed body, or holds a sponsor license under Tier 4 of the points based system. Institutes can be found on the following web site www.dcsf.gov.uk/recognisedukdegrees

• Immigration Status - 20 Points. Awarded where individuals had leave as students, student nurses or dependents.  

• Date of Award of Qualification - 15 Points. Awarded for applications made within 12 Months of awarding date.

English language

• 10 points for English language. You will automatically score 10 points for English language if you score 75 points for your attributes.

Maintenance (funds)

• 10 points for available maintenance (funds). If you are applying from within the United Kingdom, the balance must show that you have had at least £800 in your account at all times over the last three-months prior to application. Dependants require an additional £533 to support each dependant as well as the funds needed for the main applicant. (If dependants have been in the United Kingdom for less than 12 months maintenance must be £1,600 each).

• If you are applying from outside the United Kingdom, the balance must show that you have had at least £2,800 in your account at all times over the three-month prior to application. (Documentation cannot be more the 28 days old). Dependants require an additional £1,600 to support each dependant as well as the funds needed for the main applicant.

Essential documents required to obtain the PSW visa are:-

• Completed Application Form• Home Office fee• Passport• 2 Passport size photographs• Police registration certificate (certain nationalities)• University Degree (original) &/or letter from University confirming details of applicant, course undertaken and that qualification has been awarded.• Contact details of tutor • Bank statements for the last 3 months (originals)

Visa Processing Fee’s

• In Country applications. £594 by post (Approximately 4-6 weeks to receive a response). £918 for a one day service.

• Out of Country applications. £474 (Processing times will vary from country to country).

Switching

Only the following categories are permitted toswitch In Country into Tier 1(Post Study Work):

• Student; • Student Nurse; • Student Re-Sitting examinations; • Student writing up a thesis.

All other categories must apply from overseas.

The Advantages Of The Post Study Work Scheme

•Application is individual generated. •It enables individuals to apply for jobs without the employer needing to apply for a work permit.

• It enables the individual to obtain relevant experience within the 24 months.

• Leading to further long term employment opportunities. Switching into Tier 2 (Skilled Worker)

•Where you have worked for a Registered Tier 2 Sponsor for more than 6 months, they can issue a Sponsors certificate without the need for resident labour checks

What Next for Tier 1 (Post Study Work)

Following the Government review into the Points Based

System that ended on 31st January 2011 it was suggested

that up to 30% of graduates from overseas who were

granted Tier 1 (Post study Work) visas were in fact

employed in low skill occupations. It was decided by

Ministers.

The scheme will be closed in April 2012

The Replacement of Tier 1 (Post Study Work) Visa

The closure of Tier 1 (Post Study Work) visa is to be compensated by

the fact that any Registered Tier 2 Sponsor can allocate a Certificate of

Sponsorship to any individual who has recently graduated at Under

Graduate level or above from a Recognised UK University. No resident

labour market tests are required and the post on offer must be of a

graduate level as described in the UK Border Agency Codes of

Practice.

As long as the applicant is applying inside the United Kingdom these

Certificates will be unrestricted in number and will not effect the

Sponsors quota with the UK Border Agency.

Implications for StudentsUnder the new proposals any student qualifying for a UK

Degree, masters or PhD can obtain sponsorship under Tier2 for graduate level posts. There are no limits on the number of Certificates at present and any Company Registered as a Sponsor under Tier 2 can issue a

supporting Certificate of Sponsorship.

In principle it is an ideal solution to allow industry to employ the brightest students in skilled positions within their sectors. In reality it is

likely to take time to persuade and educate industry as to the processes and benefits.

It is down to the Universities to educate these potentialsponsors as to how simple the process will be.

Attracting Sponsorship

Universities & Careers Officers need to start promoting the

simplicity of the new Tier 2 (General) Unrestricted

Certificates process to their business partners through

various mediums such as

• Graduate Fairs• Work Shops• Information on web sites• Open discussion with major employers

OISC registered

Farley & AssociatesUK Immigration Specialists