Permission to work: guiding students through the immigration maze Jo Holliday Yasmina Mallam-Hassam Birmingham 25 March 2010

Learning Outcomes Gain an overview of the current regulations with regard to work permission for international students. Identify the various sources of immigration information and referral points. Develop confidence in providing information (not advice) relating to permission to work issues. Develop ideas for encouraging employers to recruit international students. Share good practice with other services on working with international students.

Information and advice Card sort: in pairs sort the cards into the following categories:  Giving information  Giving advice  Not sure Define ‘information’ and ‘advice’

What am I allowed to say? Advice Information Dealing with expectations Networks OISC Employers

IMMIGRATION CONTROL Pre-arrival checks Time limits Conditions Needs permission to change status/extend Sponsor checks Outside UK Visa/entry clearance UK Embassy In UK Residence permit/leave to remain UKBA If non compliance: Refusal Removal Deportation Time bans Prison sentence/fine

Who is authorised to give advice in your institution? Block exemption applies but….. There should be designated individuals 3 levels:  Level 1: Basic immigration advice within the Immigration Rules  Level 2: More complex casework, including applications outside the Immigration Rules  Level 3: Appeals.

Points Based System Overview Tier 1Highly skilled individuals to contribute to growth and productivity Tier 2Skilled workers with a job offer to fill gaps in the UK labour force Tier 3Limited numbers of low skilled workers needed to fill temporary labour shortages Tier 5Youth mobility and temporary workers. People allowed to work in the UK for a limited period of time to satisfy primarily non-economic objectives Tier 4Students Tiers 2 – 5 are underpinned by the concept of sponsorship Implementation dates 27 November 2008 Currently Suspended Ph2: 31 March 2009 Ph3: 5 October 2009 Ph4: 22 February February November 2008

Working during studies (degree level and above) Blanket permission for all students here for more than 6 months to work during studies Conditions apply:  No more than 20 hours during term time  Unlimited during vacation  Must not be pursuing a career by filling a permanent vacancy  Must not set up in business or provide services as a professional entertainer or sportsperson

Working in the UK during studies Rights to work Students on courses of less than 6 months Old system pre 31/03/2009 Tier 4 Foundation or degree level students from 31/03/2009 Tier 4 Students on sub degree programmes post 03/03/2010 HoursZero20 10 Work placements NoYes, provided part of course. No restriction on length of placement. Yes, provided part of course. Must not be more than 50% of total course length. No, unless course provided by Trusted Sponsor. InternshipNoSpecific provision for internships under old system. See rg.uk for more details. rg.uk No specific provision. Can only be done if fit into work placement criteria. No

Post Study Work 2 years Tier 1 General years (2 + 3 yrs 06/04/10) Tier years Tier 1 Gen Tier 2 (6 months no RLMT) Tier 1 Gen extension Tier 2 extension Tier 1 Working in UK after studies Student conditions Permanent residence

Post Study Work Tier 1 (Gen)Tier 2 (Gen) Duration2 years3 + 2 yrs (2 + 3 years from 06/04/10) Permission to work Unrestricted No sponsor yrs (2 + 3 years from 06/04/10) Restricted Must have sponsor EligibilityAward of UK degree, PGCE or Scottish HND Points for: Age Qualifications Previous earnings Job offer Skills shortage RLMT PSW for 6 months Permanent residence NoYes after 5 years Working in the UK after studies

Certificate of Sponsorship: migrant worker requirements Need to gain 50 points in the following categories:  Shortage Skill Occupation  Qualifications  Resident Labour Market Test  Prospective earnings Employee must also:  Demonstrate Knowledge of English Language – 10 Points  Maintenance until the first pay cheque – 10 Points

Getting to the source UKCISA: UK Council for International Student Affairs NASES: National Association of Student Employment Services UKBA: UK Border Agency click on Working and For Employers and Sponsorswww.ukba.org.uk Find your way to work (link on UKCISA website) A guide for employers recruiting international students and graduates

Employing migrant workers Prevention of illegal working- general duty  civil penalties/fines and possible prison sentence for non compliance Tier 2: new requirements for sponsors

Prevention of illegal working Applies to all employers whether or not they sponsor a worker Employers advised to carry checks every 12 months establish a statutory excuse Confusion about documents required On line tool to check eligibility of migrant workers Sponsorship and employers’ helpline

Support For Employers

New duties for sponsors (Tier 2) Initial Check - Employee will need to demonstrate eligibility to work in the UK  On or before the first day of employment  List A (Full Check) v. List B (Partial Check) Post Employment Compliance  Annual Audits  Ad-Hoc Audits Penalties: up to £10,000 per worker and 2 years in prison

Helping students and employers to help themselves The following case studies are an exercise for you to think about how you can safely advise students in the context of a careers interview. For each case study how would you guide the Student?

Sharing Good Practice Institutional importance of International Students Resources Available University structures and access to students Willingness of colleagues to understand the issues Own knowledge and confidence Relationship with appropriate organisations internally/externally.