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31 January 2007 Working in the UK following completion of your studies.

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Presentation on theme: "31 January 2007 Working in the UK following completion of your studies."— Presentation transcript:

1 31 January 2007 Working in the UK following completion of your studies

2 Work as a student until current visa expires. Decide whether you are eligible to “switch” in to any of the government recognised schemes and programmes. Immediately following graduation

3 SEGS Work permit employment TWES HSMP “Switching in Country” (following graduation)

4 Science and Engineering Graduates Scheme (SEGS) This scheme allows certain students to stay in the UK for up to 12 months after graduation to seek employment and build up work experience in the UK. The original aim was to encourage science, mathematics and engineering graduates to pursue a career in UK. SEGS participants can take any type of employment/self-employment in the 12 months regardless of whether it is related to the subject studied. Before the SEGS visa expires you can apply to “switch” into work permit employment or HSMP.

5 SEGS (cont.) You do not need a job offer (or business plan if you plan to be self-employed) in order to apply for SEGS. Relevant requirements: –You must have received the results of your course but not necessarily have graduated; –If you are graduating with a Bachelors Degree you must have at least a 2:2 and the degree must be listed on the approved list; Or –If you are graduating with a Masters or PhD which commenced before 1/5/06, the degree must be listed on the approved list; Or –If you are graduating with a Masters or PhD which commenced after 1/5/06, the degree can be in any subject.

6 SEGS (cont.) –You must have completed your course in the last 12 months; –You must intend to work once permission is granted; and –You must be able to support yourself (and any dependants) without recourse to public funds. The JACS code for your degree must match the JACS code on the Home Office’s approved list of eligible courses. The Home Office will not exercise discretion if the JACS code does not match.s not usually exercised).

7 SEGS (cont.) Complete FLR (SEGS) Cost is £335 if you apply by post. Cost is £500 if you apply in person (Croydon, Liverpool, Birmingham and Glasgow). The name “SEGS” is now misleading. It will be changed at some point.

8 Most popular scheme The UK employer must apply for a work permit on your behalf Business and Commercial Work Permit Up to 5 years Once work permit is granted you also need to vary/obtain leave to remain in the UK. Work Permits

9 Tier 1 Tier 2 –Evidence of experience / qualifications –Employer references –Evidence of recruitment search (to fill a genuine vacancy) –Advertisements –Responses Employer needs to demonstrate

10 Shortage Occupations Currently (but updated regularly): Ground Engineers Healthcare Teachers Vets If the position is on the shortage occupation list employers do not have to demonstrate recruitment methods and why resident workers were not successful.

11 TWES Allows you to undertake work-based training for a professional or specialist qualification (being registered by a relevant professional body), or: A period of work experience. A training permit can be issued for up to 5 years. A work experience permit is usually issued for 12 months. You must intend to return to your home country at the end of the permit. You will not be eligible to return to the UK on a work permit until 12 months later.

12 Background Introduced 2002 UK Government aim: –To allow individuals with exceptional skills and experience to seek entry or stay to work in the UK without prior offer of employment or to take up self-employment opportunities. –Suddenly revised in November 2006. –New scheme introduced on 5 December 2006.

13 Why has the scheme changed? To ensure greater transparency and objectivity in decision making. To ensure the scheme selects the people who will be most successful in the labour market and will make a strong economic contribution to the UK.

14 Process HSMP application. Application approved for 2 years. Need immigration approval. If in country – FLR (HSMP). If out of country – entry clearance (within six months of the HSMP application).

15 How to apply Complete application form. Supply ORIGINAL documentation (provide certified translations if necessary). £315 fee payable to Home Office Work Permits (UK) You need to provide evidence you score 75 points or more; AND Meet the English Language requirements.

16 Educational Qualifications PHD:50 points Masters:35 points Graduate Degree:30 points Vocational and professional qualifications can score points if satisfactory independent evidence is produced to show that the qualification is equivalent to a UK academic qualification.

17 Educational Qualifications (2) Evidence required: Original degree certificate. Clearly showing: Date and title of award and name of awarding institution. If professional/vocational you need to provide a letter from appropriate body confirming the qualification’s equivalence to UK academic levels.

18 Previous Earnings You can claim points for any earnings you have from current employment. You can claim points for any earnings from employment in the 15 months before you became a full time student. Your gross earnings will be assessed for a total period of up to 12 months out of the 15 months immediately prior to the application. Part-time earnings will be considered/earnings do not have to be from a single employer. Points scored for earnings depend on the country you have been residing and working in to reflect differences in income levels across the world.

19 Previous Earnings (2) Countries are split into 5 bands (A – E) (set by HM Treasury). Earnings need to be converted into £. Points scores for this category range from 5 points to 45 points. If you have worked in the UK for the past year you will need to demonstrate that you earned between £16,000 (5 points) - £40,000 (45 points).

20 Previous Earnings (3) Two pieces of EVIDENCE are required (all evidence must be in English. If not in English you must send certified translations). If employed: 12 months wage slips; and Income tax return. (If you worked in a country that does not have a tax system you should provide: –Wage slips / bank statements / letter from your employer confirming your income) If self employed: Individual tax return; and Personal bank statements and one of the following: –Company audited accounts and company tax return; –Unaudited business / management accounts plus either business bank statements and a business tax return or copies of business contracts.

21 Previous earnings (4) If you are a current student and wish to claim points for earnings from the 15 month period before your full-time study you need to provide all the evidence plus: –An original signed letter on headed paper of the institution showing: Your name; Dates of study; and Number of hours studied per week.

22 UK Experience 5 points can be claimed if either: –You have successfully scored points under the previous earnings category and your earnings were in the UK; OR –You have studied and graduated at Bachelors degree level or higher in full-time higher education in the UK for at least one full academic year.

23 UK Experience (2) If you are claiming 5 points for previous earnings in the UK you do not need to provide any additional evidence. If you are claiming your 5 points for studying at a UK institution (or an overseas educational institution with a base in the UK) you need to: –Provide a letter from the UK institution stating that: You achieved a degree (or higher), and; The degree involved study for at least one full academic year, and; This was during the last 5 years, and; –Provide the original letter of permission from the Home Office to enter / remain as a student.

24 UK Experience (3) If you do not have the original letter of permission from the Home Office you may request exceptional consideration of your case (such as if war or natural disaster has affected you). You will need to provide alternative evidence: Notarised copy of the personal details page of your passport and Notarise copy of your visa.

25 The Age Assessment This Category involves the award of points depending on age. Points are awarded as follows Age Points 27 or under 20 28 or 29 10 30 or 31 5 32 and over 0 Evidence required: original birth certificate / original full driving licence. Application must be received before your birthday.

26 MBA Provision To meet the MBA provision and be granted an automatic 75 points you must: Have graduated from an eligible MBA programme (there are 50 eligible MBA programmes around the world) and Provide evidence that clearly demonstrates you have graduated from an eligible MBA programme (i.e. original certificate).

27 The English Language Requirement In order to qualify for HSMP, you must have a good knowledge of English and provide the appropriate evidence to support this. If you cannot meet this assessment your application will be rejected regardless of any points you score. Evidence required Either An IELTS Test Report form issued the two years prior to the application being made at Band 6 or above (Academic or General tests are fine); Or A Bachelors degree certificate and an original letter from the awarding body on official letter headed paper (including your name, the qualification obtained, date of the award and confirmation that the course was taught in English).

28 The English Language Requirement Important to note – a Bachelors degree meets the English language requirements, higher level degrees do not. Alternative evidence – alternative qualification to IELTS level 6 (check with NARIC). IELTS – University of Manchester, Language Centre, Oddfellows Hall, (0161) 306 8891. The Cost of the IELTS exam is £95.

29 Reviews of HSMP Decisions Reconsiderations – complete form “Request for a Review of a HSMP Application”. 28 days to submit your request. 1 review per application. If new information is submitted a fresh application must be made with new fee.

30 Entry Clearance/Leave to Remain Out of country – entry clearance. In country – Leave to remain. FLR(HSMP) Fee of £335. The leave to remain application must be submitted before your existing leave to remain expires.

31 Other types of Immigration Applications for individuals from Commonwealth Countries UK Ancestry; or Working Holiday Maker.

32 Business Person You must intend to run a business full time in the UK. You will need to show: - a detailed business plan; - evidence that you have at least £200,000 to invest in the business; - evidence that you will create at least 2 full-time jobs for people living in the UK; and - you can live in the UK without help from public funds. If successful you will be able to stay for 12 months then apply for an extension.

33 Innovator This scheme is for entrepreneurs with new and creative ideas who want to set up a business in the UK. The business proposals must lead to exceptional economic benefits for the UK. There is no minimum level of investment required. You must be able to provide a detailed business plan. The proposed business must create 2 jobs in the UK. You must hold 5% of shares in the company. You must be able to support yourself whilst living in the UK. You must be able to finance your business for the first 6 months.

34 Permanent Residence – Indefinite Leave to Remain All adults who apply for indefinite leave to remain on or after 2 April 2007 will need to demonstrate knowledge of English language and of “life in the UK” in addition to the usual requirements for settlement. HOW? ESOL Entry 3 + “Life in the UK” test; or English for Speakers of Other Languages qualification.

35 Permanent Residence – Indefinite Leave to Remain The length of time you must spend in the UK before applying for indefinite leave to remain: HSMP/Work Permit/Investors/Ancestry/Persons establishing themselves in business = 5 yrs; Marriage/unmarried partners = 2 yrs; Lawful stay on any basis = 10 yrs; Unlawful stay or a combination of lawful/unlawful stay = 14 yrs.

36 Proposed Changes to the UK Immigration System March 2006 new plans launched. Points-based system for managed migration similar to the US and Australia. Government trying to ensure only those who benefit the UK can stay and work. HSMP changed with effect from 5 th December 2006.

37 Key Elements Include Consolidating the current existing work and study routes into 5 tiers: 1 - Highly skilled 2 - Skilled workers with job offers 3 - Low skilled workers filling temporary labour shortages 4 - Students 5 - Working holiday makers New system currently still being designed. Full implementation is expected by December 2008. Tier 1 is due to commence in September 2007, Tier 4 January 2008 and Tiers 2, 3 and 5 by July 2008.

38 Berg Legal Immigration Solutions For more information please contact: – – – -Berg Legal. -Other law firms/internet providers.

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