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Post study work for international students without ‘Post-Study Work’

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Presentation on theme: "Post study work for international students without ‘Post-Study Work’"— Presentation transcript:

1 Post study work for international students without ‘Post-Study Work’
Julie Allen and Heather Knight @UKCISA

2 I find it easy to advise international students on their work options after study
Strongly Agree Agree Somewhat Agree Neutral Somewhat Disagree Disagree Strongly Disagree

3 By the end of this session you will:
Know more about UKCISA and our work Have a basic overview of current immigration options for international students Feel more confident in your ability to advise international students in the future Understand when to refer students on

4 We’re from We support international students and the professionals working for them at the schools, colleges, students’unions and universities that form our membership We have specialist knowledge and expertise on the rules and regulations for international students, including visas and fees We have been supporting international education since 1968

5 How we support our members
Lobbying Website with Students’ area, Institutions’ area, members only area (incl online manual), discussion forum Students area: Links to toolkits: Advice line (members and non-members lines) Training and events Annual conference Grants for pilot projects and research (members only):

6 Office of the Immigration Services Commissioner
The OISC regulates immigration advisers, ensuring they are competent Your institution may be exempt from regulation but anyone giving immigration advice in institution must work strictly within boundaries of competence Be wary of signposting vs advising Refer on to specialist immigration adviser (within institution or externally) List of OISC regulated advisers:

7 The name of the visa for students to study full time in the UK is:
Tier 1 Tier 2 Tier 3 Tier 4 Tier 5

8 International students at public HEIs can work during their studies
True False See for rules on working JA A – True Tier 4 (General) students sponsored by a higher education institution (HEI) or by an overseas HEI can work during their studies. Passport sticker (entry clearance or residence permit) or biometric residence permit (BRP)  will indicate working rights – usually 20 hours per week in term-time. If a student thinks they have the incorrect rights, refer them to the ISA in your institution – it can be corrected. Students can do a work placement as assessed part of course even if not otherwise permitted to take employment (i.e. studying at private provider, an embedded college, a publicly-funded college or an independent school ). The only exceptions are if your Tier 4 sponsor has probationary sponsor status and your course is below degree level. Degree-level – 50% of course can be w/p. W/p can be paid or unpaid, can be full time . If student permitted to work in UK, can do this in addition to w/p. You don’t need to remember these details – just remember that a ‘WP’ is strictly defined by UKVI

9 International students can work full time in the UK after their studies
True False See for rules on working HK Students who are allowed to work may work before the course starts and after it ends. (An employer's guide to right to work checks) Most students studying a degree-level course for 12 months or longer are granted a visa that starts up to one month before the course start date and extends for up to four months beyond the end of their studies. (Students applying or studying Masters course for 13 months or less at the University of Oxford, University of Cambridge, University of Bath or Imperial College London, you are eligible to participate in the Tier 4 pilot – granted 6 months after course finishes) The main challenge for your institution may be in defining ‘term time’ and when a course finishes – but students must only start working f/t after the official end date of their course or they are breaking the rules

10 If a student breaks the Tier 4 rules on working, their institution could lose their licence to recruit international students True False Talk to your Tier 4 Compliance Officer or Immigration/ International Student Advice team for more info

11 Some context 2004: Introduction of (Tier 1) Post-Study Work
2011: 49,645 granted Tier 1 (PSW) 6 April 2012 Tier 1 (PSW) abolished

12 PhD students often use my careers service
True False

13 Case Study 1: PhD student
A PhD student, Candice, from the USA seeks your advice about work options after study. What is the immigration option specifically for PhD students? Doctorate Extension Scheme (DES) - 12 additional months in the UK (see What do you need to know about their situation in order to advise them? (before you refer them on, of course!) Must hold Tier 4 visa Does/can your institution issue a CAS (Confirmation of Acceptance for Studies) What stage of the course are they at? Must not have completed their doctorate! Must apply in the UK Refer to immigration advice services in institution JA What is the option for PhD students? Doctorate Extension Scheme (DES)- 12 months in the UK - almost no restriction on work (cannot work as a doctor or dentist in training, or as a professional sportsperson or sports coach). - can be self-employed. Can start work as soon as doctorate confirmed. - Tier 4 sponsor is obliged to contact student on at least two occasions during this 12-month period - Provides time to switch into another immigration category. 2. What do you need to know about their situation? What visa they currently hold – must be Tier 4 (DES is an extension of Tier 4) (This is important - Some doctoral students may have returned to the UK to attend viva or do corrections on another immigration permission, therefore not eligible for DES) 3. Is your institution a public HEI and do they issue CAS for DES? 4. What stage of their course are they in? Institution must assign a Tier 4 confirmation of acceptance for studies (CAS) – requirement of the visa. Cannot assign the CAS until the student is within 60 days of the expected end date of your course. It cannot assign a CAS after it has confirmed that doctorate has been awarded. i.e. if they have completed their course, not eligible to apply for DES. 5. Is student intending to leave the UK? Students can only apply for DES from within the UK. Refer to immigration advice services in institution re requirements of application e.g. funds (£2,530 in London, or £2,030 outside London) ATAS, CAS etc

14 Employers need a licence to employ non-EU students in the UK after their studies
True False If a student needs their employer to sponsor their visa under (Tier 2) they need a licence. See list of Tier 2 sponsors at Gov.uk HK B – false – trick question. If a student needs their employer to sponsor their visa, the employer must have a licence to do so. If a non-EU student already has immigration permission and does not need their employer to sponsor their visa, the employer doesn’t need a licence to employ the student, but needs to check they have the right to work. If a student needs their employer to sponsor their visa under (Tier 2) they need a licence. How do you know whether an employer has a Tier 4 licence? The HO publish a register of all employers who hold this licence.

15 I know at least one student who has obtained a Tier 2 (General) visa
True False HK There are different subgroups of Tier 2: Tier 2 (General) – which we will cover Intra-company transfers (employed by a multi-national company outside the UK which has a UK branch) Sportspersons Ministers of Religion.

16 Case Study 2: Tier 2 A Chinese student, Daisy, is about to complete her BSc course in Fashion Design. She has an interview for an exciting job for a small company in Bristol and you are helping her with interview techniques. She asks you what she needs to do to get a work visa. What are the key points that she needs to know about? HK Does employer have Tier 2 sponsor? Skill level of the job? – does it fall within exemptions of a graduate level job? Wage level of the job? Will she be exempt from RLMT? i.e. does she hold Tier 4 permission now and when she applies for the job?

17 Key points about Tier 2 (General)
Employers need Tier 2 licence to sponsor non-EU nationals & provide a CoS Must be graduate level job (NQF 6 - with a few exceptions including creative sector jobs and ‘shortage occupations’) Must meet min salary threshold for job (min £20,800 for ‘new entrant’ – otherwise £30,000) Can be ‘new entrant’ if they meet post-study work exemption from ‘Resident Labour Market Test’ Exempt from RLMT if switching from Tier 4 to Tier 2 (General), have completed degree in UK and applying in UK According to Home Office statistics, most jobs for which people are sponsored under T2 Gen are in the following sectors: - Information and communication - Professional, scientific and technical - Human health and social work - Financial and insurance - Education

18 HEIs can endorse international students to start a business in the UK after their studies
True False

19 I am involved in the Tier 1 Graduate Entrepreneur selection process in my institution
True False

20 Key points about Tier 1 (Graduate Entrepreneur)
Student can pursue their ‘genuine and credible’ business Institution endorses the graduate for 12 months Can provide further endorsement for another 12 months Can be self-employed Can work for an employer while setting up business Aim is to switch to Tier 1 (Entrepreneur) after 2 year endorsement ends – eligible to show evidence of less money in application for Tier 1 (Entrepreneur) UK government has its own programme, Sirius Programme

21 The figures Tier 4 (General)  Total extensions to work categories 5799  Tier 2 (General) 4967  Tier 5 (GAE) 404  Tier 1 (Graduate Entrepreneur) 291 Tier 4 (DES)  Tier 2 (General) 111  Tier 1 (Graduate Entrepreneur) 6 [Source: Home Office Immigration Statistics 24 August 2017] Note the PSW stats: 2011: 49,645 granted Tier 1 (PSW)

22 It doesn’t end there… Other Tier 1 ‘High Value’ options: UK Ancestry
Tier 1 (Entrepreneur) and Tier 1 (Investor), Tier 1 (Exceptional Talent) Tier 5 (Youth Mobility) Tier 5 ‘Temporary Worker’ categories UK Ancestry Turkish workers Marriage / Partnership More info at

23 Tips on advising international students on post study work without ‘Post-Study Work’
Work across your institution Disseminate information on work options for students Use your connections with employers Ensure students can find out about options as early as possible Giving immigration advice - signposting vs advice. You can and should refer!

24 Contact us Julie Allen, Director of Policy and Services
Heather Knight, Advice and Training Officer


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