1. © LDS2010 All rights reserved Recruiting overseas nationals after graduation UK immigration options Monday 8 March 2010 Laura Devine Laura Devine Solicitors www.lauradevine.com enquiries@lauradevine.com +44 (0) 20 7710 0700

2. © LDS2010 All rights reserved UK immigration system European free movement Tier 4 / students Tier 1 (Post-Study Work) Tier 1 (General) Tier 2 (General) Tier 5 Other options Settlement

3. © LDS2010 All rights reserved UKBA North (General case-work including PBS) On entry: UKBA, HM Immigration Service After entry: Home Office, UK Border Agency (UKBA), General Casework Before entry: International Group/UK Visas (Foreign & Commonwealth Office/UKBA), British diplomatic posts overseas UK immigration system UKBA, Nationality Group, European Group

4. © LDS2010 All rights reserved European free movement EEA nationals Family members

5. © LDS2010 All rights reserved European free movement EEA members Austria Belgium Bulgaria** Cyprus Czech Republic* Denmark Estonia* Finland France Germany Greece Hungary* Iceland Ireland Italy Latvia* Lichtenstein Lithuania* Luxembourg Malta Netherlands Norway Poland* Portugal Romania** Slovakia* Slovenia* Spain Sweden UK *worker registration required for employment **worker accession card required for employment

6. © LDS2010 All rights reserved Tier 1 - highly skilled individuals - Feb 2008 Tier 2 - skilled workers - Nov 2008 Tier 3 - low skilled workers – on hold Tier 4 - students - March 2009 Tier 5 - youth mobility/temporary workers - Nov 2008 Points based system

7. © LDS2010 All rights reserved Tier 4 migrants/students Working internship sandwich placement – ‘highly trusted sponsors’ only general 10 hours/ week if course below degree level 20 hours term time if course degree level or higher full-time vacations not full-time permanent vacancy no recourse to public funds

8. © LDS2010 All rights reserved Tier 1 (post-study work) 75 points Transitional route for high-calibre graduates from eligible UK institution Transfer into Tier 2 or other Tier 1 categories 2 years

9. © LDS2010 All rights reserved Tier 1 (post-study work) Successfully obtained UK recognised degree at Bachelor’s level UK recognised degree at postgraduate level HND from Scottish institution UK PGCE or PGDE  20 points

10. © LDS2010 All rights reserved Tier 1 (post-study work) At UK institution UK recognised or listed body, or on Tier 4 sponsors register 20 points

11. © LDS2010 All rights reserved Tier 1 (post-study work) Obtained qualification whilst in UK with student leave as Tier 4 migrant as dependant of someone with valid leave in immigration category permitting dependants leave to enter/remain without restriction from undertaking study/research  20 points

12. © LDS2010 All rights reserved Tier 1 (post-study work) Application within 12 months of obtaining eligible qualification (15 points) Deemed meet English language requirement In country (most switching from student etc) £800 + £533 each dependant maintenance Out of country - £2,800 + £1,600 each dependant maintenance

13. © LDS2010 All rights reserved Tier 1 (general) Employment Self employment Combination  Replaced highly skilled migrant programme

14. © LDS2010 All rights reserved Tier 1 (general) 75 points against main objective criteria Competence in English language – 10 points Maintenance – 10 points

15. © LDS2010 All rights reserved Tier 1 (general) Main criteria – 75 points qualifications age income UK experience

16. © LDS2010 All rights reserved Tier 1 (general) Qualifications Master’s degree – 35 points (MBA provisions) PhD – 50 points

17. © LDS2010 All rights reserved Tier 1 (general) Age under 28 - 20 points 28 or 29 - 10 points 30 or 31 - 5 points 32 and over - 0 points

18. © LDS2010 All rights reserved Tier 1 (general) Income 15 – 45 points consecutive 12 month period within 15 months immediately prior to making application earnings from employment or self-employment earned income only predominant country location

19. © LDS2010 All rights reserved Tier 1 (general) - previous earnings Country Code Income points (£) / multiplier 5 pts 16,000+ 10 pts 18,000+ 15 pts 20,000+ 20 pts 23,000+ 25 pts 26,000+ 30 pts 29,000+ 35 pts 32,000+ 40 pts 35,000+ 45 pts 40,000+ A e.g. UK & US x 1 B e.g. Malaysia x 2.3 C e.g. China x 3.2 D e.g. India x 5.3 E e.g. Ghana x 11.4

20. © LDS2010 All rights reserved Tier 1 (general) UK experience - 5 points previous earnings for income £16,000+ earned in UK, or degree level qualification in UK in last 5 years

21. © LDS2010 All rights reserved Tier 1 (general) English language national of a majority English speaking country bachelor’s degree in specified country bachelor’s degree undertaken in English English language test from prescribed list (IELTS, TOEFL, ESOL)

22. © LDS2010 All rights reserved Tier 1 (general) Majority English speaking countries Antigua & Barbuda Australia The Bahamas Barbados Belize Canada Dominica Grenada Guyana Jamaica New Zealand St Kitts & Nevis St Lucia St Vincent and the Grenadines Trinidad & Tobago USA

23. © LDS2010 All rights reserved Tier 1 (general) - maintenance Overseas In UK under 12 months In UK at least 12 months Main applicant£2,800£800 Each dependant £1,600 £533 Example totals family of 4 £7,600£5,600£2,399

24. © LDS2010 All rights reserved Tier 1 (general) Application in country to UKBA out of country to British Diplomatic Post in country of origin or residence  beware switching rules!

25. © LDS2010 All rights reserved Tier 1 (general) Periods initially 3 years extension for 2 years indefinite leave possible after 5 years  amalgamation of time

26. © LDS2010 All rights reserved Tier 1 – proposals for change UKBA likely to implement from 6 April 2010 salary multipliers should be reviewed bachelor’s degree with high previous earnings to qualify certain professional qualifications equivalent to master’s degree pay thresholds increased, minimum increased to £24,000

27. © LDS2010 All rights reserved Tier 1 – proposals for change No qualification required for migrants with previous earnings of at least £150,000 Points should be awarded for migrants aged 39 or under Employer acting as guarantor for maintenance requirement Initial period of 2 years immigration permission and extension for 3 years Biometric Identity Cards likely to introduced December 2010

28. © LDS2010 All rights reserved Tier 2 – employer sponsorship General Intra-company transfer Sportspeople Ministers of religion

29. © LDS2010 All rights reserved Tier 2 - employer sponsorship Replaced work permit scheme Employers must have sponsorship licence to issue certificates of sponsorship (COS) Licence valid for 4 years Employers monitored by UKBA via web-based Sponsor Management System (SMS) Principle of shared responsibility Onerous duties and liabilities on employers

30. © LDS2010 All rights reserved Tier 2 Assigning COS NVQ level 3 + job Market rate salary Migrant able and intends to do job Genuine vacancy Best of knowledge migrant meets rules and likely to comply with conditions

31. © LDS2010 All rights reserved Tier 2 Assigning COS shortage occupation intra company transfer resident labour market test post study switch

32. © LDS2010 All rights reserved Tier 2 – COS Post study switch Tier 1 (PSW)/IGS/SEGS/FTWISS At least 6 months work already with sponsor in same job

33. © LDS2010 All rights reserved Tier 2 – skilled workers Appendix A - attributes 50 points Appendix B - English 10 points Appendix C - maintenance 10 points

34. © LDS2010 All rights reserved Tier 2 – points criteria A. Attributes points – minimum 50 required Certificate of sponsorship (mandatory) QualificationsProspective earnings Shortage occupation 50No qualifications0£17,000-£19,999 5 RLMT30 Accepted sub-degree (e.g 1 grade C A level) 5£20,000-£21,99910 ICT30 Bachelors or Masters10£22,000-£23,99915 PSW (LTR)30PhD15£24,000+20 B.English – minimum 10 points (mandatory – but deferred for ICT) C.Maintenance – minimum 10 points (mandatory) * Transitional arrangements

35. © LDS2010 All rights reserved Tier 2 – skilled workers examples Bachelors10 £20,00010 ICT30 50 £80010 Automatic10 PhD15 £17,0005 RLMT30 50 £80010 US national10 Example 1 Appendix A Appendix B Appendix C None0 £16,0000 Shortage50 £80010 Australian10 Example 2 Appendix A Appendix B Appendix C Example 3 Appendix A Appendix B Appendix C

36. © LDS2010 All rights reserved Tier 2 – English language Non-ICT A1 Council of Europe scale (tests) Majority English speaking country Degree taught in English ICTs No proof of English on initial entry English language is required upon extension (after 3 years)

37. © LDS2010 All rights reserved Tier 2 – English language UKBA list of English speaking countries - nationality Antigua & Barbuda Australia The Bahamas Barbados Belize Canada* Dominica Grenada Guyana Jamaica New Zealand St Kitts & Nevis St Lucia St Vincent & the Grenadines Trinidad & Tobago USA

38. © LDS2010 All rights reserved Tier 2 – English language UKBA list of English speaking countries - degree Antigua & Barbuda Australia The Bahamas Barbados Belize Dominica Grenada Guyana Ireland Jamaica New Zealand St Kitts & Nevis St Lucia St Vincent & the Grenadines Trinidad & Tobago UK USA

39. © LDS2010 All rights reserved Tier 2 – maintenance points Initial applicants - £800 Dependants - £533 each Own funds, every day last 3 months or Employer undertaking (A rated only)

40. © LDS2010 All rights reserved Tier 2 – recent changes Maternity leave included in ICT qualifying period No 10% shareholding limit for ICTs Director level role £130,000 salary - no JobCentre Plus advertising required RLMT advertising period extended from 2 to 4 weeks Biometric identity cards

41. © LDS2010 All rights reserved Tier 2 – future changes (Spring 2010) ICT qualifying period increased from 6 to 12 months ICT not lead to permanent residence Thresholds for prospective earnings to increase - minimum salary increased from £17,000 to £20,000 Master’s degree points increased from 10 to 15 points Allowances scaled down when calculating points for earnings

42. © LDS2010 All rights reserved Tier 5 Youth mobility Creative/sporting Government authorised exchange International agreements Voluntary workers Religious workers

43. © LDS2010 All rights reserved Other immigration options UK ancestry - Commonwealth citizen with UK born grandparent Employed by company outside UK that wants to set up in UK Tier 1 (Entrepreneur) – £200k of own money to invest in business in UK Tier 1 (Investor) - £1 million of own money and invest £750k in UK

44. © LDS2010 All rights reserved Spouse of British CitizenEmployment/business Naturalisation Settlement Settlement – current & future system Naturalisation Settlement

45. © LDS2010 All rights reserved Recruiting overseas nationals after graduation UK immigration options Monday 8 March 2010 Laura Devine Laura Devine Solicitors www.lauradevine.com enquiries@lauradevine.com +44 (0) 20 7710 0700