Staying in the UK to Work: Tier 2 and other options Jo Aldhouse and Sue Castle-Miller Student Information and Advisory Service student.immigration@admin.ox.ac.uk 21 January 2013

Important Changes Closure of Tier 1 (Post Study Work) on 5 April 2012 Introduction of a new provision for students under Tier 2 of the Points Based System from 6 April 2012 Introduction of very limited Tier 1 (Graduate Entrepreneur) route Announcement in December 2012 by UK Government regarding DPhil and MBA students. 21 January 2013

This session will cover: Work schemes currently available Tier 1 (Graduate Entrepreneur) Tier 2 provision after study How to apply Frequently Asked Questions 21 January 2013

Work Schemes and other routes currently available Tier 2 Licensed employer sponsors you for a specific job at an appropriate/minimum salary Provision under Tier 2 (General) now available for completing students Tier 1 Exceptional Talent, Graduate Entrepreneur, Entrepreneur, Investor Tier 5 Youth Mobility, Temporary Worker (includes Government Authorised Exchange Schemes for work experience and internships, and Sponsored Research) Other/outside Points-Based System Various categories including Ancestry Visa EEA/Swiss national or family member 21 January 2013

Tier 1 (Graduate Entrepreneur) For those having “developed world class innovative ideas or entrepreneurial skills” (or at least, a good business idea!) Limited to 1,000 visa applications per year until 2014 Oxford has 10 endorsements for 2012/13 Oxford can only endorse Oxford graduates 21 January 2013

Tier 1 (Graduate Entrepreneur) How to apply for an endorsement The Careers Service manage the scheme for the University (see Careers Service blog) For students who wish to establish a business in the UK and have an innovative plan Submit your Business Plan to University Panel who will consider, interview and shortlist Check Careers Service blog for details of next round Apply for visa within 3 months of endorsement – must have completed course Start work on your business once you have applied for your visa 21 January 2013

Recent announcement – DPhil and MBA students From April 2013: Students completing PhD in the UK will be allowed to remain for one year to find work or set up a business Opportunity for MBA graduates to start up businesses  Further information is expected prior to April and details will be posted on our website when available 21 January 2013

Student provision under Tier 2 Students Obtain job offer with an employer who holds a Tier 2 (General) sponsor licence – list on UKBA website: see resources sheet Employment must be skilled, at graduate level and with gross salary at or above appropriate annual rate for job or £20,000 - whichever is higher – both detailed in Code of Practice – for link see resources sheet Employer sponsors the visa application by issuing a “Certificate of Sponsorship” (CoS) Tier 2 visa/employment linked to sponsoring employer 21 January 2013

Student provision under Tier 2 Students - How to make a visa application Obtain a total of 70 points: Attributes = 50 points 30 points for a Certificate of Sponsorship 20 points for appropriate salary Maintenance = 10 points English language = 10 points Get consent from your financial sponsor (if applicable) 21 January 2013

Student provision under Tier 2 Certificate of Sponsorship(Cos) 30 points A CoS is a unique reference number, giving information about the job and your personal details. Your employer will need to be satisfied that you meet the following criteria to issue a CoS: Hold a current student visa (and have held relevant permission during whole study period) Evidence = Visa in passport/Biometric Residence Permit 21 January 2013

Student provision under Tier 2 Most students need to have been “awarded their qualification” Evidence: If you have graduated, your original degree certificate If you have not graduated: original final academic transcript (not on-course) usually automatically sent on completion or buy from University on-line shop; OR original academic reference - use Degree Confirmation Letter (DCL) including paragraph confirming you will graduate and receive certificate later, from Degree Conferrals Office or on-line shop http://www.ox.ac.uk/students/graduation/certificates/ 21 January 2013

Student provision under Tier 2 DPhil students can apply before the end of their course as long as they have completed at least 12 months Evidence = Original letter from your Department giving similar information as the Degree Confirmation Letter but stating that you have completed at least 12 months study (no programme end date or date of award required in the letter) 21 January 2013

Student provision under Tier 2 Minimum Salary 20 points Your employer must ensure that the job they are offering meets the appropriate minimum salary level by checking Codes of Practice for Tier 2 Sponsors 21 January 2013

Student provision under Tier 2 Maintenance 10 points You must show that you have at least £900 of available funds Evidence = Original bank statements or original letter from your bank dated no more than 31 days before the date of application Showing at least £900 in personal savings for a consecutive 90 day period before date of application Cash funds ‘held in an account’: shares, bonds, pension funds, credit cards etc not acceptable Can be in more than one account in your name Account can be in joint names (you must be named) Can be overseas account/currency (OANDA website gives historic currency conversion rates) Alternatively Sponsor can certify on your CoS that they will maintain you 21 January 2013

Student provision under Tier 2 English language 10 points National of a majority English speaking country – see Tier 2 Policy Guidance Document for list Evidence = passport OR Degree taught/researched in English, either in majority English speaking country or appearing on UKBA points based calculator (doesn’t have to be current or most recent degree) Evidence = If you have graduated, original certificate showing your name, title and date of the award and name of awarding body If you have not graduated, an original letter from department/college stating your name, title of award and date that the certificate will be issued. Note DCL does not confirm certificate issue date so you need to obtain a separate letter 21 January 2013

Student provision under Tier 2 OR Results from a UKBA specified English language test (details of eligible tests on the UKBA website) Evidence = Original test certificate within its validity period Required level (B1 CEFR) must be achieved in reading, writing, speaking and listening 21 January 2013

Student provision under Tier 2 Financial sponsor’s permission required ONLY IF your sponsor is a government or international scholarship agency AND you are currently sponsored or have been within 12 months of application AND you were wholly supported by an award covering both fees and living costs THEN you need sponsor’s written unconditional consent (without time limit) to stay in the UK to accompany your Tier 2 application 21 January 2013

Student provision under Tier 2 Further important points (see Tier 2 Policy Guidance Document for full detail): To have the benefit of this provision, you must apply from within the UK UKBA have a “points calculator” on their website as a guide Those on Tier 1 (Post Study work) visas can also apply to switch into Tier 2 without employer having to undertake a RLMT Length of initial visa 3 years, extendable for a further 3 years Cost of application £561 by post or £867 in person Beware ‘cooling off period’ – cannot apply to return to the UK under Tier 2 for a year 21 January 2013

Student provision under Tier 2 Employer Must hold a Tier 2 licence – list of current licence holders available on UKBA website (see resources sheet) Agree to sponsor your employment by issuing a “Certificate of Sponsorship” (CoS) number The CoS will be “unrestricted”, meaning employer does not need permission from UKBA to issue AND Employer is not required to complete a Resident Labour Market Test – job does not have to be advertised to settled workers as normally required CoS valid for 3 months from issue 21 January 2013

Student provision under Tier 2 Dependants: Partner, and children under 18 (or over 18 if already have a visa as your dependant) Unless they already have a dependant visa and are in the UK, they must apply from outside the UK If they are already in the UK with a visa as your dependant they can apply in line with your Tier 2 application No CoS required for dependant application 21 January 2013

Can a spouse or partner apply under Tier 2 him or herself? A dependant partner can switch into Tier 2 from within the UK but needs a CoS from employer which will be “restricted” – employer requires permission from UKBA to issue CoS, and no exemption from RLMT. Tier 4 holder cannot switch to being dependant in country. 21 January 2013

Tier 2 FAQs My visa expires 2 months after the end of my course, will I have time to apply? You would need to: find and get offered a job with a Tier 2 employer; get a CoS from them; get the required evidence of your award and submit your Tier 2 application all before your visa expires. You can job-search whilst studying and undertake work experience/ internships within student work permission but unless you are a DPhil student you can’t apply for your visa before you complete your studies. What counts as the date of application? Date of posting or date of in-person appointment, or for online applications, date you submit application form and pay application fee online. Can a Junior Research Fellow apply? Non-stipendiary JRFs will not be eligible (no salary). Paid JRFs would need to meet the salary level and other requirements 21 January 2013

Tier 2 FAQs My prospective employer does not hold a Tier 2 sponsor licence. How can I apply? You will not be able to make a Tier 2 visa application based on an offer from that employer. Applying for a Tier 2 licence is an involved and costly process which an employer is unlikely to go through to issue a single CoS. When can I start working for my employer under Tier 2? Once you have submitted an application under Tier 2, you are eligible to start work with your Tier 2 employer while you wait for a decision (and even if you visa expires whilst a decision is pending) DPhil students applying before completion of studies will not be able to use this provision and must wait until the visa is granted to start work 21 January 2013

Tier 2 FAQs Can I work part-time? Only if your actual earnings meet the minimum salary level and other requirements. For example, full salary £30,000, working 0.5 p/t = £15,000 which does not meet the requirement to earn a minimum of £20,000. It is unlikely that an employer will pay a salary in excess of the minimum included in the Code of Practice to enable the salary earned to meet the minimum requirements. Cannot claim pro-rata earnings Can I work on a 6 month contract? Yes, if the annual salary meets the minimum level required to be issued with a CoS For example, annual salary £30,000 meets minimum in Code of Practice = employed for 6 months earning £15,000. Can claim for equivalent earnings 21 January 2013

Tier 2 FAQs Can I be self-employed? You must work for the company who issues the CoS. Although there is guidance to employers on taking on a ‘self-employed’ person, they still have to issue a CoS and you still have to have a contract with them. Will the minimum salary include allowances? Any guaranteed part of an employment package can be included in the minimum salary Can I get permanent residence? Time spent in the UK on Tier 2 counts towards 5 years’ residence required for settlement. At the relevant point, your current Tier 2 employer must certify that they still want you in the job and will be paid at or above appropriate rate (or above £35k from April 2016). 21 January 2013

Resources See handouts for: UKBA website links for application forms, Policy Guidance and notes UK Council for International Student Affairs (UKCISA) website for Information Sheet, ‘Working in the UK after your studies’ (and ‘Working during your studies’) Help from Visa and Immigration Advisers in Student Information and Advisory Service: E-mail student.immigration@admin.ox.ac.uk if you have questions 21 January 2013

Action Plan Analyse your options while you are still studying Consider employers’ policy on recruitment in relation to hiring under Tier 2 Watch websites for information, future changes and the release of relevant documents Think at least 3 months ahead about how you might meet financial requirements Allow sufficient time to work on the application and collect documents You should not have any travel plans if you are going to make any visa application by post 21 January 2013

ANY QUESTIONS? student.immigration@admin.ox.ac.uk 21 January 2013