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This session will cover:

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. This session will cover:. Work schemes currently available Doctorate Extension Scheme Tier 1 (Graduate Entrepreneur)

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  1. Staying in the UK to Work:Tier 2 and other optionsJo Aldhouse and Sue Castle-MillerStudent Information and Advisory Servicestudent.immigration@admin.ox.ac.uk

  2. This session will cover: • Work schemes currently available • Doctorate Extension Scheme • Tier 1 (Graduate Entrepreneur) • Tier 2 provision after study • How to apply • Frequently Asked Questions

  3. Work Schemes and other routes currently available Tier 4 Doctorate Extension Scheme For DPhil students near completion. One year to look for and find work, or set up a business Tier 1 Exceptional Talent, Graduate Entrepreneur, Entrepreneur, Investor Tier 2 Licensed employer sponsors you for a specific job at an appropriate/minimum salary; special provision under Tier 2 (General) for completing students 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 nationalor family member

  4. Tier 4 Doctorate Extension Scheme Students completing UK PhD can extend under Tier 4 for one year to find work or set up a business Need a current Tier 4 visa (or other visa which allows switching into Tier 4) Must apply in the UK Need a new Confirmation of Acceptance for Studies (CAS) for the scheme with ‘expected end date’ Must get CAS and apply for this visa before “leave to supplicate” and before expected end date £1600 funding requirement, plus more for dependants Timing is crucial: liaise with your Graduate Studies Assistant and contact us if you have questions

  5. Tier 1 (Graduate Entrepreneur) For those with a “genuine and credible business idea” 1,000 places for MBA graduates of UK HEIs 900 places for those awarded a degree or PhD in any subject from UK HEIs (including those currently working for the University as post-doctoral researchers) Oxford has received maximum quota of 10 endorsements in each category for April 2013-14 Oxford can only endorse Oxford graduates or post-docs Graduates have to apply within 12 months of being awarded the qualification (except post-docs) Possible to apply following DES, if within 12 months of leave to supplicate

  6. Tier 1 (Graduate Entrepreneur)How to apply for an endorsement The Careers Service manage the scheme for the University (see Careers Service blog) Submit your Business Plan to University Panel who will consider, interview and shortlist Deadline for next round to be advisedCheck Careers Service blog for detailsApply for visa within 3 months of endorsement – must have completed course Visa valid for 12 months initially with the option to extend for a further 12 months if satisfactory progress – Oxford endorsement Start work on your business once you have applied for your visa

  7. 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 £20,300 - whichever is higher – both detailed in Code of Practice – for link see resources sheet. Lower “new entrant” salary level has been included for some work categories 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: Attributes = 50 points 30 points fora Certificate of Sponsorship 20 points for appropriate salary Maintenance = 10 points English language = 10 points Get consent from your financialsponsor (if applicable)

  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 you a CoS: You must hold a current T4/student visa, including DES (and must 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” 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/

  11. 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)

  12. 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

  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 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

  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 (B1 CEFR) 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 the UK to accompany your Tier 2 application

  17. 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 Length of initial visa 3 years, extendable for a further 3 years Cost of application £578 by post or £953 in person (£100 deposit now taken for in person appointment) Beware ‘cooling off period’ – cannot apply to return to the UK under Tier 2 for a year

  18. Student provision under Tier 2 Benefits for Employer 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 requiredThose on Tier 1 (Post Study work) and Tier 4 Doctorate Extension Scheme visas can also apply to switch into Tier 2 without employer having to undertake a RLMT CoS valid for 3 months from issue

  19. 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

  20. 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. 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; get 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. DPhil students – consider DES as a bridge. 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

  22. 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 can be a complicated process which an employer may not be willing to undertake to issue a single CoS. Info on UKBA website. 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

  23. 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 £20,300. 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

  24. 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).

  25. 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

  26. Action Plan Analyse your options while you are still studying Be aware of timing issues Tier 2: is target employer willing and able to sponsor? Watch websites for information and changes Think at least 3 months ahead for the financial requirements Give yourself (and staff) enough time to work on the application and gather documents Be aware of processing times if you have travel plans

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

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