1 / 26

Important Changes

Staying in the UK to Work including provision for students under Tier 2 Sue Castle-Miller and Jo Aldhouse Visa and Immigration Advisers Student Information and Advisory Service student.immigration@admin.ox.ac.uk. Important Changes. Closure of Tier 1 (Post Study Work) on 5 April 2012

hye
Télécharger la présentation

Important Changes

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Staying in the UK to Workincluding provision for studentsunder Tier 2Sue Castle-Miller and Jo Aldhouse Visa and Immigration AdvisersStudent Information and Advisory Servicestudent.immigration@admin.ox.ac.uk

  2. 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

  3. This session will cover: • Work schemes currently available • Tier 1 (Graduate Entrepreneur) • Tier 2 provision for recent graduate students • How to apply • Frequently Asked Questions

  4. 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 recent graduates Tier 1 Exceptional Talent, Graduate Entrepreneur, Entrepreneur, Investor Tier 5 Youth Mobility, Temporary Worker (includes Government Authorised Exchange Schemes for work experience and internships) Outside Points-Based System Various categories including Ancestry Visa EEA/Swiss nationalor family member

  5. Tier 1 (Graduate Entrepreneur) For those having “developed world class innovative ideas or entrepreneurial skills” Limited to 1,000 visa applications in the first year with a maximum of 10 endorsements per institution Oxford applied to participate in March 2012 UK Border Agency granted the maximum of 10 “endorsements” in May 2012 Oxford can only endorse Oxford graduates

  6. Tier 1 (Graduate Entrepreneur)How to apply for an endorsement The Careers Service are spearheading the scheme for the University (see Careers Service blog) Available to those who wish to establish a business in the UK and have an innovative plan Business plans considered and candidates shortlisted/ interviewed by panel drawn from all areas of the University Deadline for Michaelmas term applications to be circulated by e-mail when dates confirmed

  7. Student provision under Tier 2 Students Obtain job offer with an employer who holds a Tier 2 (General) sponsor licence – for link to list of licence holders see resources sheet Employment must be skilled and at graduate level AND gross salary at or above minimum annual rate for job, or £20,000, whichever is higher – both detailed in appropriate 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

  8. Student provision under Tier 2 Students - How to make a visa application Obtain a total of 70 points as follows: Attributes = 50 points 30 points fora Certificate of Sponsorship 20 points for appropriate minimum salary level as detailed in the Code of Practice 10 points for maintenance 10 points for English language awarded if national of English speaking country (as defined by UKBA), have studied in English or passed an approved English language test Consent from your financial sponsor (for some students only)

  9. 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

  10. Student provision under Tier 2 Most students need to have been “awarded their qualification” from a recognised body (Oxford is fine!) Evidence = If you have graduated your original degree certificate If you have not graduated: • original final academic transcript (not on-course) usually automatically sent upon completion or purchased from University on-line shop; or • original academic reference Oxford students can order a Degree Confirmation Letter (DCL) from Degree Conferrals Office http://www.ox.ac.uk/students/graduation/certificates/ Additional paragraph will be added stating that you will receive the award at a future date

  11. Student provision under Tier 2 DPhil students must have completed at least 12 months of study (do not need to have completed course) Evidence = Original letter from your department giving similar information as the Degree Confirmation Letter but confirming that you have completed a minimum of 12 months study (no programme end date or date of award)

  12. Student provision under Tier 2 Minimum Salary 20 points Your employer will check that the job they are offering meets the appropriate minimum salary level by checking Codes of Practice for Tier 2 Sponsors

  13. 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

  14. Student provision under Tier 2 English language 10 points • National of a majority English speaking country – see paragraph 119, page 27, of Tier 2 Policy Guidance for list Evidence = passport OR • Degree taught in English in a majority English speaking Country (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 date of issue so you need to obtain a separate letter

  15. 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 must be achieved in reading, writing, speaking and listening

  16. 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 writtenunconditional consent (without time limit) to stay in or come back to the UK to accompany your Tier 2 application

  17. Student provision under Tier 2 Other important points (full details are given in the Tier 2 Policy Guidance): To take advantage of this provision, you must apply from within the UK UKBA have a “points calculator” on their website as a guide to achieving points Those on Tier 1 (Post Study work) visas can 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’

  18. 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

  19. Student provision under Tier 2 Dependants: Spouse or children under 18 (or over 18 if already have a visa as your dependant) Unless already have a dependant visa and in the UK, must apply from outside the UK If already in the UK with a visa as your dependant can apply in line with your Tier 2 application No CoS required for dependant application Applying for a Tier 2 visa if you have studied on a dependant visa Dependants can switch into Tier 2 but need a CoS from employer which will be “restricted” – employer requires permission from UKBA to issue CoS

  20. Tier 2 FAQs My visa expires 2 months after the end of my course, will I have time to apply? This will rely on finding and being offered a job with a Tier 2 licence holder, employer issuing CoS number, receiving required evidence of your award and making your application before your visa expires What is the date of application? Date of posting, 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. 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. The employer would need to apply for a Tier 2 licence (which is an expensive and fairly lengthy process) to be able to issue a CoS number to support your visa application 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

  22. 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? Only 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

  23. Tier 2 FAQs Can I be self-employed? You cannot be self-employed. You must be an employee (on the pay-roll) of the company who issues the CoS 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).

  24. 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

  25. Action Plan Analyse your options bearing in mind any future potential changes 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 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

  26. ANY QUESTIONS? student.immigration@admin.ox.ac.uk

More Related