Life After Post-Study Work?

Clare Best and Hazel Carling - Visa Guidance Team 31st March 2011

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Current Position (1) – Tier 1 (PSW)• Tier 1 (Post Study Work) category will close from

April 2012 (exact date not yet specified)

• Students who are awarded before this will be able to apply in this category

• Same criteria – must score 95 points (75 points for attributes + 10 for English Language + 10 for maintenance)

• Length of visa still 2 years from date application is processed

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Current Position (2): - Tier 1 (PSW)

• Visa allows holder to remain in UK for 2 years without restrictions on employment

• Not necessary to have an employer in order to apply - can still be looking for work

• Not linked to a particular sponsor so holder can change employer or work for employer without Tier 2 licence

• Can be self-employed

Proposed Changes

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From April 2011…

• Tier 1 (General) will be ‘replaced’ by:

• Tier 1 Investors

• Tier 1 Entrepreneurs/Potential Entrepreneurs

• Tier 1 (Exceptional Talent)

• All categories can lead to settlement (permanent residence) after max 5 years

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Tier 1 (Exceptional Talent)–Who qualifies?• To qualify applicants need to score a minimum of 75 points

for Attributes and 10 points for English Language

• 75 points are based on the applicant holding an endorsement by a ‘Designated Competent Body’

• List of ‘Designated Competent Bodies’ to be published on UKBA website (by 06/04/11?)

• Limited to 1000 visas per year in this category (700 science/300 arts)

• Applicants need to apply for Entry Clearance in this category

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From April 2012….

• Tier 1 (PSW) will close

• New Category of Tier 2 (General) for recent graduates recruited into jobs that are on Graduate Occupations List

• Possible to ‘switch’ in UK from Tier 4 (General) but only if valid application made before Tier 4 visa expires

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From April 2012…

• Tier 2 for recent graduates not subject to Tier 2 quota which applies to other Tier 2 migrants

• If ‘Graduate Occupation’ applicants still need to meet all standard Tier 2 requirements but will NOT be subject to the Resident Labour Market Test

• Minimum salary needed will be £20,000 (but must also be ‘Graduate Occupation’ to qualify)

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In Summary• Exceptionally Talented’ or Investors/Entrepreneurs

may still qualify under Tier 1 without sponsorship

• Post-Study work closing April 2012

• Possible to switch into Tier 2 but MUST have graduate level job to do so

• Full Details will be published on UKBA website at some stage before April 2012

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Useful Websites

• http://www.ukba.homeoffice.gov.uk/workingintheuk/

• http://www.ukcisa.org.uk

• http://www.southampton.ac.uk/sais/visa/index.shtml

We aim to keep you up to date with changes as they happen!