International Students in the United Kingdom University of Kent International Students in the United Kingdom Vicash Ramkissoon

Working in the UK Students/ Tier 4 Tier 1 - Post Study Worker Current avenues under the Points Based System (PBS) Students/ Tier 4 Tier 1 - Post Study Worker Tier 1 – General Migrant Tier 2 - Skilled Worker Tier 5 – Youth Mobility/ Forthcoming/proposed changes The New Points Based System – what does it mean for students

Students Can work part-time for 20 hours a week/full time - vacation periods. Work Placements as part of studies permitted as long as not more then 50% of overall course. Permission to enter and can extend stay to pursue further study. Possible to switch status after graduating. Since 1st September 2007: Separate Visa Category: Student Visitors -short courses of less then six months. Academic Technology Approval Scheme (ATAS) – Mandatory for certain postgraduate subjects from 30th November 2007. From 25th November 08 – all students applying for further leave will need to provide bio-metric data and will be also be issued with an identity card.

Students – PBS (Points based System) Since 31st March 2009 any educational institution recruiting overseas students will need to be registered as a sponsor; Private institutions will need to show they are accredited by certain bodies (BAC) to qualify to go on register; Educational Institutes as licensed sponsors are able to issue a certificate of sponsorship for each applicant Applicants will need to show that they meet sufficient points based on the following: They have a CoS from an accredited institution and can meet the maintenance requirements (40 points awarded) Strict maintenance criteria: Courses for over 9 months applicant will have to show sufficient funds – to pay their first year of fees, plus £7,200 to cover their first year in the UK (outside London - £ 5,400) From 1st October must show that funds have been held for 28 days if applying from outside the UK/also applies to in-country applications from 1st Feb 2010 Fees – Inside the UK - £357 postal service £565 premium service Outside the UK - £145 Dependants – student will need to show they have a further funds per month( £533 –London and £400 outside)

Students – Extensions & Recent Changes PBS (Points Based System) Students who wish to extend their stay to finish or undertake a new course after 31st March 2009: Need to obtain 40 points as previously: CoS from an approved education provider – (visa letter) – 30 points Maintenance requirements (10 points) If finished a course more then four months ago: First year of fees and £7200 (In London) to cover the first year (for courses over nine months) If extending to complete a course or finished a course within the last four Months ( which was more then six months long): First year of fees and £1600 to cover two months of living in London ( 600 per month outside) Maintenance – After review- ( and in line with Child Student Category) students can rely on funds held by parents to satisfy maintenance criteria

Students – Extensions & Recent Changes PBS (Points Based System) Transitional arrangements announced on 5th October 2009 have ended –from 1st February students need to show that they have held necessary funds for a period of 28 days and financial evidence cannot be more then one month old. Students making applications on or after 5th October 2009 will be restricted from changing educational institutions – and would need to make a new application Switching courses within same institution permitted ( but onus on institution to notify UKBA) From 22nd Feb 2010 – CoS (Visa letter) will be replaced by Confirmation of Acceptance of Studies ( CAS) documents generated online by the institution. N.B – A student who wishes to apply to start a new course/ or switching into a student category to study can only do so if the course commences within one month of your leave expiring.

Students – PBS (Points based System)- Onus on sponsors to report on the activities of a student in the UK: Students who fail to enrol on their course; any unauthorised student absences; students who discontinue their studies (including any deferrals of study); any significant changes in students’ circumstances, (e.g. if the duration of a course of study shortens); Institutions must maintain any appropriate accreditation; Comply with applicable PBS rules and the law; and Co-operate with UKBA. Account Managers - will check institutions are complying with requirements.

International Graduates Scheme PBS – Tier 1(Post Study Worker) Introduced in June 2008 - two year visa 75 points required based as follows: Obtaining a UK recognised bachelors degree or higher, / or an HND from a Scottish Institution = 20 points ( from 31st March 09, Postgraduate Diplomas or Postgraduate Certificates other than Postgraduate Certificates in Education will not be eligible). At a UK Institution: on the Tier 4 Sponsors register = 20 points Obtained in the UK- whilst as a student or dependent of someone in an immigration category permitting dependants to enter= 20 points Application made within 12 months of obtaining qualification = 15 points Maintenance Test - Must establish 800 GBP for main applicant plus additional funds for dependants ( 533 per dependant) – 10 points English Language requirement – deemed to be have been met for UK studies- 10 points

Highly Skilled Migrant Programme (HSMP) Under PBS- TIER 1 General Introduced for those extending in-country from 29th February 2008 – and worldwide since June 2008 Points to qualify 75 in following categories: Qualifications ( from 31st March – eligible qualification is a Masters or above) Previous Earnings ( from 31st March – minimum earnings criteria of 20,000GBP) Age UK Experience MBA – Category removed – although transitional arrangements in place English Language – Pass Mark - 10 points ( English equivalency – Level C1 of the Council of Europe’s Common Framework- Grade C GCSE-/ Come from a Majority English speaking country/ A degree taught in English Maintenance Requirements – Pass Mark – 10 points- whether applicant has sufficient funds to support themselves and dependants. Funds: Application made in UK – 800 over the last three months ( plus dependants) overseas – 2,800GBP held over the last three months/ 1,600 per dependant Fees – Postal £820 – Premium £1020 NB- From 1st October 09 pre-study earnings are no longer eligible

Tier 2 – Work Permits -PBS Commenced in Nov 2008- employers need to be licensed. Applicants need to have : a job offer; certificate of sponsorship from a licensed sponsors; and scored enough points to apply. Points to be achieved in total 70 Up to 50 points awarded through qualifications, prospective earnings, job offer in a shortage application, whether job offer passes resident labour market test (i.e. advertising) and whether intra-company transfer) Also need to meet Maintenance requirements/ English Language Requirements ( 10 points respectively). Employers: issue a certificate of sponsorship (PIN Number) to individual who then makes the application to relevant post overseas. In country applicants switching will also be required to obtain the required points

Tier 5 – Youth Mobility Open only to following nationals: Australia; Canada; Japan; New Zealand; British overseas citizen, British overseas territories citizen or a British national (overseas). Replaced working holiday maker from Nov 08. Application made overseas at relevant post Aged between 18 – 31/ points awarded for nationality, age and meeting maintenance requirements. Allows individuals to enter the UK for an extended holiday up to 2 years Can work 2 years full-time Self employment ( restrictions in place) No right to settlement

Possible Changes to PBS? Migration Advisory Body recommended following changes- which look likely to be implemented in 2010: Separate scheme for overseas graduates with three months experience overseas to transfer to UK for maximum of 12 months. Separate Internship category under Tier 2 or 5 For intra-company transfers ( Tier 2 – ICT) qualifying period working with overseas company to be extended to 12 months No right to further leave to remain for ICT transfers Maintenance requirements - review in pipeline-possibly allowing loaned funds or funds held for shorter periods.

The New Points Based System- Implications for Students PBS based on a tougher Australian points based system, will allow migrants to come to the UK under one of five tiers replacing more than 80 existing routes of entry. Some Implications: Onus by sponsors to report on activities of students. Increased focus on ensuring that rules are complied with: e,g breaching 20 hour term time working rule. Accounting Officer’s carrying our increased checks on sponsors and institutions. Less discretion /flexibility with PBS New Applicants Limiting access to Tier 1 ( General & Post Study Worker) Switching back into student category more difficult No right to appeal if application for entry clearance is refused However will still be permitted to switch into work categories 2010- possible new categories for graduates and internships

Contact Vicash Ramkissoon Solicitor & Director - Immigration Vicashr@Duncanlewis.com 0208 515 9105 Gowsi Ganeshalingam Caseworker - Immigration Gowsig@duncanlewis.com 0208 515 3618

Legal Disclaimer The information and opinions within this presentation are for information purposes only. They are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Duncan Lewis shall accept no responsibility for any errors, omissions or misleading statements in these slides or for any loss which may arise from reliance on materials contained therein. This slides were used in a presentation given at the University of Kent in February 2010. They have been placed on this website for the use of University of Kent students only and may not be copied or sent outside the University in any format.