Staying in the UK to Work New provision for students under Tier 2 Sue Castle-Miller Visa and Immigration Adviser Student Information and Advisory Service 8 March 2012

Initial indication of future changes announced by the Government in March 2011 In February 2012 Government issued a “Statement of Intent” which announced 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 Details to be laid before Parliament on 15 March March 2012 Introduction

This session will cover: Work schemes currently available Scheme still to be launched What we know about the new Tier 2 provision for students Information still to be released Frequently Asked Questions 8 March 2012

Work Schemes and other routes currently available Tier 2 Licensed employer sponsors you for a specific job at an appropriate/minimum salary New provision to be introduced under Tier 2 (General) Tier 1 Exceptional Talent, Entrepreneur, Investor and Post Study Work (until 5/4/12) Tier 5 Youth Mobility, Temporary Worker (includes Government Exchange Schemes for work experience and internships) Outside Points-Based System Various categories including Ancestry Visa EEA/Swiss national or family member 8 March 2012

Scheme still to be launched Tier 1 (Graduate Entrepreneur) Initial outline of scheme announced in February 2012 but not yet implemented For those having “developed world class innovative ideas or entrepreneurial skills” Scheme only open to HEIs who are “Highly Trusted Sponsors” under Tier 4 or who are “A-rated” under Tier 2 Student sponsored by University from which they have graduated Limited to 1,000 applications in the first year 8 March 2012

What we know about the new student provision under Tier 2 Students Apply from within the UK (no provision to apply overseas) Must hold a current student visa Most need to have been “awarded their qualification” Except DPhil students who must have completed at least 12 months of study Meet all normal T2 criteria which includes English language, maintenance and permission from financial sponsor (if applicable) 8 March 2012

What we know about the new student provision under Tier 2 Students Obtain job offer with an employer who holds a Tier 2 sponsor licence Employment must be skilled and at graduate level Salary at or above minimum annual rate for job detailed in appropriate Code of Practice, or £20,000, whichever is higher Employer will need to sponsor the visa application by issuing a “Certificate of Sponsorship” (CoS) – a unique reference number, which holds information about the job and your personal details Tier 2 visa will be linked to that specific employer 8 March 2012

What we know about the new student provision under Tier 2 Employer Must hold a Tier 2 licence Agree to sponsor your employment by issuing a “Certificate of Sponsorship” (CoS) number This will not be subject to the annual limit – the CoS will be “unrestricted” AND Employer is not required to complete a Resident Labour Market Test – job not advertised to British or EEA workers CoS valid for 3 months from issue 8 March 2012

What we know about the new student provision under Tier 2 Dependants New dependants can apply “on same terms as other Tier 2 migrants” Existing dependants can continue to be sponsored by main applicant Dependants can switch into Tier 2 in their own right but will be “subject to the Tier 2 limit” No CoS required for dependants 8 March 2012

Information still to be released Length of initial visa under new provision Whether visa can be extended Details about the application process (new Tier 2 Policy Guidance to be published) For example, at what point is a student “awarded their qualification” and the evidence required? How the application form will look and how to complete it (form issued for use from 6 April 2012) Cost of application 8 March 2012

Information still to be released Maintenance requirements and evidence to show level of funding Whether an “A-rated” Tier 2 sponsor will be able to certify maintenance Details of any other requirements Point at which you can start your employment under the new Tier 2 provision Visa and Immigration website will be updated with information as and when it is available 8 March 2012

FAQs My visa expires 2 months after the end of my course, will I have time to apply? This will rely on receiving required evidence of your award, finding and being offered a job with a Tier 2 licence holder, supplying employer with required documents to be able to issue you a CoS and making your application before the date your visa expires What is the date of application? Date of posting, date of in-person appointment, or if online applications accepted, 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 8 March 2012

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 application based on that employment. The employer would need to apply for a Tier 2 licence (which is an expensive and fairly lengthy process) and issue with a CoS for you to be able to take up that job offer When can I start working for an employer under Tier 2? It should be possible to start work once you have submitted an application under the new Tier 2 provision but only on a short term contract. This will be clarified in the new Policy Guidance 8 March 2012

FAQs When can I start working for an employer under Tier 2? It should be possible to start work once you have submitted an application under the new Tier 2 provision but only on a short term contract. This will be clarified in the new Policy Guidance The Government announced this change on 29 February to take effect from 6 April 2012 Can I work part-time? Only if you can 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 £20,000 minimum 8 March 2012

FAQs Can I be self-employed? Unlike Tier 1 (PSW) you cannot be self-employed Will the minimum salary include allowances? This has still to be confirmed but any guaranteed part of an employment package is included under the current Tier 2 (General) scheme Can I get permanent residence? Time spent in the UK on Tier 2 will no longer confer an automatic right to apply for settlement Applications will be accepted but need to meet published requirements Government announced this change on 29 February to take effect from 6 April March 2012

See handout for links to: UKBA website for current and new application forms and guidance notes when available 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: if you have questions Resources 8 March 2012

Action Plan Analyse your options bearing in mind future and potential changes Consider employers’ policy on recruitment in relation to hiring under Tier 2 Watch websites for new information, changes and the release of relevant documents Think about how you might meet any financial requirement 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 8 March 2012

ANY QUESTIONS? 8 March 2012