Welcome Focus Africa 2013
Entrepreneurship Dr. Ife Akintunde, CEO, IOA Consults
Post-study Working Visas for International Students – for Lancaster University June 15th 2013 Presented by Nicky Dean, Immigration Solicitor
Ways to Post Study Working Visas Several different ways to get Post Study Working Visa Tier 1 - Highly Skilled or People with Lots of money Tier 2 – Skilled Graduate Workers Tier 5 – Temporary Work (certain categories) Tier 2 is the most common route.
TIER 2 (GENERAL) • Route for skilled workers to do jobs at Graduate level • 1) Must have an employer to sponsor you. See ‘Tier 2 Sponsor register’ on UKBA website for complete list of employers • 2) Employer must issue a Certificate of Sponsorship confirming the post – see ‘Codes of Practice’ on UKBA website. The Codes now in Appendix J of the rules • Must be paying either £20,300 k pa for 39 hr week or the minimum salary for the job, whichever is the higher • 3) Need the Certificate to apply under Tier 2 from inside the UK
TIER 4 > TIER 2 • Must have current visa at date of application to switch from Tier 4 (Student Visa) to Tier 2 • Must have completed and passed UK degree during current Visa • Must provide original degree certificate/academic transcript/academic reference on official headed paper of the institution showing your name, course title/award/course duration/date of completion • Sponsored students must provide unconditional consent from the financial sponsor of your studies, in writing, to make the Tier 2 application
POINTS SCORE UNDER TIER 2 • Attributes – 50 points • (certificate of sponsorship – 30 points and correct salary 20 points) • English language (UK Degree) – 10 points • Maintenance (£900 for 90 days) – 10 points • NB remember employer can offer financial maintenance when issuing Certificate of Sponsorship
WORKING WITH YOUR STUDENT VISA • Definition of ‘employment’ – para 6 of the Immigration rules- ‘includes paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of study, self employment and engaging in business or any professional activity’ • Students have conditions – usually ‘20 hours max in term time’.
WORKING WITH YOUR STUDENT VISA • When can students work full time ? • Whilst studying, periods that are not term-time eg vacations and on completion of studies, after course had ended, including time pending decision on an immigration application • Tier 4 sponsor decides term time
WORKING WITH YOUR STUDENT VISA • Types of work- • Anything except self employment • On completion of study, must not fill a permanent full time vacancy, UNLESS: • (i) You have successfully completed course of degree level or above AND • (ii) You have made a Tier 2 application supported by a Certificate given to you by your Tier 2 sponsor before your Student Visa has expired (and if appealing, your appeal is not yet decided), AND • (iii) You will be employed in that role for which the Certificate was given AND • (iv) You have yet to receive a decision on your T2 application
CONDITIONS ON YOUR TIER 2 VISA • You cannot claim public funds • Only work for your Tier 2 sponsor • You can do a second job at the same level in the same profession as T2 job up to 20 hours pw (no need for licensed sponsor)
LENGTH OF TIER 2 VISA • Length of contract plus 14 days or • 3 yrs plus 14 days • 6 yrs maximum of Tier 2 Visa • Permanent stay possible after 5 years (if still needed for job and min salary of £35k unless PhD level or is a Home Office shortage occupation) • If achieve 6 yrs of T2 Visa and do not apply for permanent stay, must spend either 12 months outside the UK before re-entering, or 12 months in different Visa category before applying again under T2 – known as a ‘cooling off’ period.
DIFFERENT WAYS TO APPLY • (i) In country postal application • (ii) Public Enquiry Office eg Liverpool • (iii) In country on-line application • (iv) Out of country visa application • NB Resident Labour Market Test does apply for applications made outside of UK, and restrictions on number of Certificates issued on a monthly basis – only exceptions are shortage occupation posts or those paying £150k
TIPS WHEN MAKING APPLICATIONS • Things to remember….. • Same day service at the Home Office Public Enquiry Office is more expensive, BUT you do get a decision same day – only suitable for straightforward applications • If they have any questions, you are there for them to ask you • BUT – these slots can be difficult to get
TIPS WHEN MAKING APPLICATIONS Postal applications can take a while – until decision is made your student leave with conditions on work continue If going down postal route – remember – copy EVERYTHING you submit, and send be Recorded or Special Delivery Do covering letter with header and list of enclosures Facility to make on-line application on UKBA website, pay application fee on-line and submit by post or appointment at Public Enquiry Office
APPLICATIONS FROM INSIDE UK • Application date varies – if complete application form online, pay fee online and send supporting documents by post, date of posting supporting docs is application date • Send supporting docs by post within 15 days of application date. Then the Home Office sends a letter inviting you to enrol biometrics • If complete application online, pay fee online and book premium service appointment at Public Enquiry Office. • Application date is date of appointment at PEO
VALID APPLICATIONS • Q – What must you do to make a valid application ? • See if you can identify at least 3 things – discuss with the person next to you…..
WHAT IS A VALID APPLICATION ? • (i) Must use the correct form • (ii) Complete all required parts of the form • (iii) Provide all required supporting docs and photos meeting UKBA requirements • (iv) Form signed and dated ! • (v) Pay fee in method specified (see case of Basnet (2012) UKUT 00113 (IAC)) where app invalid purely for lack of payment of fee • (vi) Provide biometrics (fingerprints) • Set out in Immigration rules para 34A of HC395
WHY DOES IT MATTER ? • VERY important – if application is not valid then risk application being treated as an attempted, ‘invalid’ application • If this happens, your Visa may have expired and you become an overstayer, at risk of removal • CANNOT switch in the UK from Tier 4 (Student) to Tier 2 as an overstayer !!!
WHAT DO I DO NOW ? • Plan ahead – if employer not yet on sponsor register, need to do so for Tier 2 switching application • Can still make application from home country if Resident Labour Market Test can be met by employer • Limited number of Certificates that can be issued each month for applications from outside UK
Doctoral Extension Scheme For PhD students about to complete Extend your Tier 4 status for 12months Can work / look for work – but need a Tier 2 sponsor after this time. Date of application under extension scheme must be within 60 days of the expected end date of the course leading to award of PhD
Tier 1 Entrepreneurs • (i) Prospective Entrepreneur – 6 months to raise £50k • (ii) Tier 1 (Entrepreneur) – need £50k or £200k • (iii) Tier 1 (Graduate Entrepreneur) – 1 + 1 years to raise £50k
Tier 1 Entrepreneurs • Looking to establish, join or take over one or more businesses in the UK either as: • (i) A sole trader • (ii) Partnership • (iii) Company registered in the UK
(i) Prospective Entrepreneur • In discussion with: • Venture capital firms or • Seed funding competitions or • One or more government departments • To secure funding of £50k • Leave to enter the UK granted for 6 months
(ii) Tier 1 (Entrepreneur) • Funding of £50k secured from • Venture capital firm • Seed funding competition or • One or more government department OR • Personal/other funds of £200k • NB on 30/01/13 UKBA introduced ‘genuine’ test to consider if genuinely intend and are able to establish, take over or become a director of one or more businesses in the next 6 months
(iii) Tier 1 Graduate Entrepreneur • Limit of 1,000 places across the UK • Check if your University is registered with UKBA to participate • Each University allocated maximum 10 places • You can switch into this category in the UK • You must – be awarded a degree from the University • Submit a business proposal to be assessed • Obtain confirmation that your business proposal is likely to succeed • Leave granted for 1 yr can be extended for a further year
Tier 5 – Temporary work categories • Skilled work NVQ level 3: • (i) Creative and sporting • (ii) Charity workers • (iii) Religious workers • (iv) Government authorised exchange • (v) International agreement • (vi) Youth mobility
Tier 5 • (i) Tier 5 (Youth mobility) • Only if you are from Australia, Canada, Japan, Monaco, New Zealand or Taiwan – age group ??? • (ii) Tier 5 (Temporary Worker – Government authorised exchange) • For people coming to UK through approved schemes that aim to share knowledge, experience and best practice, and experience social/cultural life of the UK • Schemes such as AISEC, BUNAC, IAESTE • Full list on UKBA website
Tier 5 – Government Authorised Exchange • This category can’t be used to fill job vacancies or bring unskilled labour to the UK • Sponsor is the overarching body who manages the government authorised exchange scheme. They must have the support of a UK government department • Individual employers/organisations cannot sponsor migrants in this category even if licensed as sponsors under other tiers or other categories of Tier 5 • Only exception to this is if you are coming to the UK as a sponsored researcher, where the higher education institution you are coming to work at will be your sponsor • Can come to UK for 12-24 months
BUNAC – Intern in the UK • (i) Work experience opportunities for up to 12 months internship and then leave the UK • Minimum wage or above • Must not fill an actual vacancy • You find your own internship • Fee to join BUNAC sponsorship scheme is £505 plus your visa fee (check UKBA website)
Tier 5 Government Authorised Exchange (GAE) • (i) A certificate of sponsorship • (ii) funds - £900 for 90 days • You can switch from inside the UK from Tier 4 into Tier 5 (GAE) if being sponsored to undertake a period of postgraduate professional training or work experience required to obtain a professional qualification or registration in the same professional field as the qualification AND not filling a permanent vacancy OR • You can apply from abroad
Your husband/wife & working • If your husband/wife is your student visa dependent, their only conditions on working in UK are not working as a doctor or dentist in training • They can move from Tier 4 dependent to Tier 2 main applicant from inside the UK– is permitted within the Immigration rules • You can move from Tier 4 main applicant to Tier 2 dependent, also from inside UK • = Two chances for a married couple !
European dimension...... • You may be able to claim a right to reside in the UK under 2006 EEA Regulations, i.e. spouse, partner in a 'durable relationship' or civil partnership • or through dual nationality through family members e.g. parents or grandparents • Look at nationality provisions for the particular country
2006 EEA Regulations • Come under the Regulations if you are either family member of an EEA national exercising treaty rights OR • You are an EEA national yourself exercising treaty rights • Must be exercising treaty rights in 1 of 5 ways. Any ideas what they are ???
2006 EEA Regulations • (i) worker • (ii) job seeker • (iii) self employed • (iv) self sufficient • (v) student
AND FINALLY… • Remember – better to get an application right than to try and rectify on appeal ! • Either – get it right if doing it alone, look at the Immigration rules, Policy Guidance notes and Statements of Changes to the Immigration rules • OR take advice when making an application, preferable to seeking advice on appeal !
USEFUL LINKS Tier 2 and 5 Sponsor Register http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/pbsregisterofsponsors Tier 2 Codes of Practice http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/cop-skilled-workers.pdf List of Public Funds http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/public-funds/funds.pdf?view=Binary
CONTACT DETAILS • Nicky Dean • Haq Solicitors, Prospect Business Centre, Prospect House, Prospect Street, Huddersfield HD1 2NU • Direct contact details : • (m) 07580 455452 • Email: email@example.com
Emerging Opportunities in Africa Dr Akanimo Odon, Principal Consultant, Environ-Fly Group
Emerging Opportunities in Africa Martin Brigham, ITMOC, Lancaster University
Afternoon sessions Meeting Room 3 Immigration Advice Nicky Dean Meeting Room 2 Get that Job SEO London Mjay Akande Meeting Room 1 Get Intelligence Rory Daly
LUNCH!!! BBQ short beef rib with a sweet corn relish Moroccan chickpea burger in a pita pocket with a yoghurt masala Jollof Rice Tossed salad Sweet Koeksuster with a toffee sauce Soft Drinks
Thank You Special Thanks • LUMS Careers • International Office • Speakers • UCLAN Students Photographs