Work Visa Options After Study Careers Service and

Student Advice and Support Office

Work Visa Routes

• Tier 1

• Tier 2

• Tier 4 - Doctorate Extension Scheme (DES)

• Tier 5

Tier 1 - Options

Tier 1 is for highly skilled workers and graduates

Tier 1 has four open subcategories:

• Exceptional Talent (a maximum of 1,000 visas for those

who are internationally recognised in the fields of arts or

sciences)

• Investor (£1m)

• Entrepreneur

• Graduate Entrepreneur

• Post Study Work is now closed

Tier 1 Exceptional Talent

• This is aimed at individuals who have already achieved

international recognition in their field or have the potential

to be world leaders in their area of expertise

• Four designated UK "competent bodies" decide whether

this applies:

• The Arts Council;

• The British Academy; and

• The Royal Academy of Engineering

• The Royal Society

• Immigration application must be made outside the UK if on

Tier 4

Tier 1 Entrepreneur

• This is for those setting up or taking over the running of a

business in the UK.

• You need either:

• £200k investment or;

• £50k if cash from a registered venture capitalist, seed funding

competition endorsed on UK Trade & Investment website, or

from UK government departments or;

• £50k if switching from Graduate Entrepreneur or PSW (if

established own business in UK)

Tier 1 Graduate Entrepreneur

• Introduced in 2012 and revised twice since then.

• Limited to 2,000 per year:

• 1,900 places for graduates of any subject from UK HEIs

(including those currently working as post-doctoral researchers)

and

• 100 places for elite global graduate entrepreneurs (from outside

the UK)

• 1 year’s visa with possibility of extending for another year.

• Need to switch to Tier 1 Entrepreneur from here... or go

home…

Tier 1 Graduate Entrepreneur

• University acts as sponsor

• We have to vouch that we: • have an established process for identifying, nurturing and developing

entrepreneurs amongst its undergraduate and post-graduate

population

• they have a genuine and credible business idea (evidence of selection)

• they will spend the majority of their working time on developing

business ventures (maintain contact)

NB: The University of Aberdeen is a sponsor but this is not open

to all!

Tier 2 – Options

Tier 2 is for skilled workers who have been offered

jobs in the UK.

- Minister of Religion

- Sportsperson

- Intra Company Transfer

- General***

Tier 2 General • Job offer from a sponsor (list on UKVI website – link from the

Careers Service Virtual Library)

• To qualify, student/job must be either:

• on the Shortage Occupation List

• pass Resident Labour Market Test

• be eligible for a PSW transfer

• have a salary of £153,500

• be a Tier 4 switcher

• Limited to 20,700 (restricted CoS) – unless switching!

• Tier 4 Dependant can apply from UK but restricted CoS

Switching from Tier 4 to Tier 2 – student requirements

Must apply before current Tier 4 visa expires (normally 4

months granted following course end date).

• Must have completed course – except PhD students who

must have completed at least 12 months of their course.

• Must apply in UK to qualify for unrestricted CoS.

• Whilst waiting to switch into Tier 2 can work full-time for the

employer on the time left on the Tier 4 visa.

• You must not own more than 10% of your sponsor’s shares.

Switching from Tier 4 to Tier 2 – job requirements

• Must be at graduate level and on the Home Office list.

• Must have been advertised in appropriate way.

• Must be paid at £20,500 – or above if appropriate!

Doctorate Extension Scheme (DES)

• Must be studying for Doctorate level degree.

• Must be on a Tier 4 Visa.

• Must apply from within the UK.

• CAS must be issued within 60 days of the expected

PhD end date.

• ATAS required for more than 28 days

• 12-month period allowed under DES begins from the

course end date as specified on the DES CAS.

Doctorate Extension Scheme (DES) – 2

• If PhD not completed by stated end date, time granted

for DES must be used to finish degree.

• No further period of study under Tier 4 or under DES.

• Only able to work full-time when formal notification of

PhD award received.

• Can also be self-employed.

• Otherwise 20 hours per week until completion.

• Tier 4 application fees and maintenance levels.

Doctorate Extension Scheme (DES) – 3

• Must maintain contact and keep contact details up-to-

date.

• Inform University of any changes (switch to another

visa, leave UK)

• PhD not completed or awarded lower level qualification,

will be reported to Home Office and DES visa curtailed.

• Must leave the UK before DES visa expires (unless

switching to another category).

Points to Note

• Students who have already completed their PhD will not

be able to apply.

• Carefully consider any study extensions you apply for

• Completion means that you have received formal

notification in writing from the University that you have

been awarded a PhD.

• Can have dependants with you under DES.

Tier 5 – Youth Mobility Scheme

• Australia

• Canada

• Japan

• Monaco

• New Zealand

• Hong Kong

• Republic of Korea

• Taiwan

Tier 5 – Youth Mobility Scheme

• Places are limited

• Want to live and work in the UK for up to 2 years

• Are aged 18 to 30

• Have £1,890 in savings

• Must not have children

• Meet other eligibility requirements

• Must return home to apply

• NHS rules

Immigration & Visas

Robert Phillips Associate

26 November 2014

Immigration & Visa Maze

simpmar.com

Migrant

.Worker

Visa

PBS Routes to Work

simpmar.com

Skilled Worker (T2 Route)

Sponsorship Licence

Issue CoS T2

Application Home Office

Decision

High Value Migrant (T1 Route)

Sponsorship Licence

Issue CoS T1

Application Home Office

Decision

Hurdles for Sponsors Hurdles for Migrant

Sponsor Licence

simpmar.com

Obtaining a Sponsorship

Licence

Sponsor Duties

Renewal Enforcement

Action

Certificates of Sponsorship

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Unrestricted CoS

Unlimited New Hires <£153,500

pa

Extensions & Switching

Restricted CoS

Annual Limit of 20,700

All other CoS

RLMT Monthly Lottery?

Genuine Vacancy Test

Refusal by Caseworkers

Refusal by Entry

Clearance Staff

“Reasonable grounds to believe...”

Resident Labour

Market Test

"No suitable settled worker"

Advertise Post

Post at Relevant

Skills Level

Types of Visa

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T2 (General)

Initial Leave:

3 or 5 yrs

Cooling off period of 12

months

Switching in is

permitted

Extension: Up to 2 years

Can lead to settlement

T2 (Intra Company Transfer)

Long Term Staff

T2 (Intra Company Transfer)

Short Term Staff

T2 (Intra Company Transfer)

Graduate Trainee

T2 (Intra Company Transfer)

Skills Transfer

Top Tips for Tier 4 Students

simpmar.com

• Check if prospective employer has Sponsor Licence

• Are you a qualifying Tier 4 migrant?

• Does Sponsoring Employer have unrestricted CoS to allocate?

• Watch time limits – expiry of Tier 4, passports

• Gather Supporting Documents early

• Possibility of working before Tier 2 visa arrives?

• Take care when working during term time

simpmar.com Professional • Approachable •

Exceptional

Visa

Migrant

.Worker

Professional • Approachable • Exceptional

Double Award Winning

Employment Law Team

@SMemplaw

Simpson & Marwick Employment Law Group

Firm of the Year

Employment Firm of the Year

Employment Team of the Year

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Robert Phillips Associate Signet accredited in employment E: robert.phillips@simpmar.com T: 01224 624924

Contact Us

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Finding jobs

What is on offer?

• Graduate Training Schemes

• Graduate Internships

• One-off positions with SMEs

(and sometimes large

employers)

• Experienced opportunities

Closing dates!

• These are happening now!

• Do not wait to apply until you are finished.

Register for jobs by email

• Create your own searches.

• Keep up to date without having to remember!

The Careers Service

Visit us:

2nd Floor, The Hub

Phone us:

01224 (27)3601

Find information or to post

e-queries :

www.abdn.ac.uk/careers

Tier 2 Pitfalls

Timing

• Requirement to have finished course of study

Dealing with small employers

• Even those who have a licence!

• Refer to Talent Scotland

Maintenance

• £945 in a bank account for three months – and not a penny

less!

Working between visas

Wait until official completion date before taking full-time

work.

Tier 4 conditions still apply except:

- when have already applied for Tier 2

- have been granted DES

Travelling

Not advisable to travel outside the UK on your Tier 4 visa

after you have completed your studies if you intend to

apply for a different category from within UK.

If no longer studying and trying to re-enter, this can be

classed as a change of intention in UK (eg for work

purposes not study purposes)

What does this mean for you?

Unless you are:

a super-high-flyer and/or

ridiculously rich

… your only options are:

finding a job with a Tier 2 sponsor

applying to do a higher level course under Tier 4

… or going home!

USEFUL WEBSITES

Talent Scotland – www.talentscotland.com

Home Office –

www.gov.uk/browse/visas-immigration/work-visas

Any questions?