Working in the UK after your studies
21 March 2012
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If you are a European Economic Area (EEA) or Swiss national, or if you are in the UK as the family member of such a person, this Information Sheet does not apply to you. Please see instead the section of this website for EEA and Swiss Students at www.ukcisa.org.uk/student/eea.php.
The countries of the European Economic Area are: Austria, Belgium, Bulgaria, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden and the UK.
If you are coming to the end of your studies in the UK, you might be considering the possibility of staying on in the UK to work. This Information Sheet explains some of the schemes that are likely to be of particular relevance to students at the end of their studies.
The details of the schemes change frequently, and this Information Sheet does not provide a list of all schemes. For full details of
all the options that could be available to you, see the UK Border Agency website at
www.ukba.homeoffice.gov.uk/visas-immigration/working.
Within each category in this area of the website, you will also find links to the relevant Immigration Rules, guidance for applicants and UK Border Agency caseworkers and the appropriate application forms.
If you are thinking about making an application under any of these schemes, and you want advice about the application, make an appointment with either an International Student Adviser or a Careers Adviser if they can offer such help. Some law centres, and other advice centres, have immigration specialists who will provide some basic advice free of charge. Some private solicitors also specialise in immigration law, although they will charge you a fee for their advice, unless your financial resources are so low that you qualify for legal aid. See Further information and contacts below for details or ask the International Student Adviser or Welfare Officer at your college or university for the names of immigration specialists in your local area.
Under many of the schemes, your spouse or civil partner, unmarried or same sex partner and children can apply to stay in the UK with you, or join you here.
Remember
- Read through the information given in this Information Sheet carefully, to see whether the Immigration Rules allow you to apply for the scheme whilst you are in the UK. For some of the schemes, you might have to return to your home country to apply from there. This is because most of the schemes have strict rules about who is allowed to 'switch' from another immigration category (for example, 'student'), into the scheme whilst still in the UK.
- For many of the schemes, students must have successfully obtained their qualification before applying to 'switch' into the scheme.
- If you want to stay in the UK under one of these schemes, you must make your application before your current permission to be here as a student expires.
- If you have been sponsored by a government or international scholarship agency for your studies, most of the schemes require that you obtain their written consent before you apply to stay on in the UK.
What's new?
Many changes come into effect on 6 April 2012. These include:
- Tier 1 (Post-Study Work) ends on 5 April 2012, although dependants will still be able to apply to join you after that date if you already have Tier 1 (Post-Study Work) leave.
- New requirements for staying in the UK after study under Tier 2.
- Tier 1 (Graduate Entrepreneur) is a new scheme that starts on 6 April 2012.
- It will in some cases be possible to apply in the UK to stay under Tier 5 (Temporary Worker) to undertake a period of professional training.
Tier 2
Note: Tier 2 of the Points Based System replaced work permits from 27 November 2008.
There are different subgroups of Tier 2:
- Tier 2 (General), the provisions of which are summarised in this Information Sheet
- Intra-company transfers which could apply to you if you are employed in a multi-national company outside the UK which has a UK branch
- Sportspersons
- Ministers of Religion.
For full details of each of these subcategories, see the UK Border Agency's information at
www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2.
An employer who is on the UK Border Agency list of Tier 2 (General) licensed sponsors can issue a certificate of sponsorship to a potential employee who would not otherwise be allowed to work in the UK. You can find the list of licensed sponsors at
www.ukba.homeoffice.gov.uk/business-sponsors/points/sponsoringmigrants/registerofsponsors
If you are outside the UK or if you apply in the UK and you have leave as the partner of a Tier 4 migrant, your employer has to ask the UK Border Agency for permission to issue a certificate of sponsorship to you. This request will be considered with requests from other employers on a monthly basis and the total number of certificates of sponsorship which can be issued in any month is limited. This type of certificate of sponsorship is called a "restricted certificate of sponsorship". The UK Border Agency decides which employers are granted certificates of sponsorship depending on how many points your application attracts compared with the points of other applications. The maximum number of points is 105 and the minimum number of points is 32. They consist of a combination of points for the type of job (shortage occupation worth 75 points, PhD level job which passes the Resident Labour Market Test worth 50 points, or other job which passes the Resident Labour Market Test worth 30 points), and your wage, with a minimum level of wage of £20,000.
The list of shortage occupations is at
www.ukba.homeoffice.gov.uk/business-sponsors/points/sponsoringmigrants/employingmigrants/shortageoccupationlist.
The list of PhD level jobs is in the Tier 2 sponsor guidance at
www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance.
In order to pass the Resident Labour Market Test, an employer must have advertised the job in an appropriate way for the sector and be able to show that no one from the European Economic Area can do the job.
You must be able to prove that you have English language skills, and that you meet the maintenance requirements for Tier 2. Details of how to prove your English language skills and the maintenance requirements are in the Tier 2 policy guidance, which is at
www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general. It is extremely important that you read this guidance before you make your immigration application. If you do not provide the documents specified in the guidance, it is very likely that your application will be refused. If you are not sure whether you meet all the requirements for Tier 2, talk to the employer who has offered you a job.
If you can make your immigration application in the UK, Tier 2 works differently. Your employer can issue a certificate of sponsorship to support your application without first asking for permission from the UK Border Agency. This is called an "unrestricted certificate of sponsorship". The job must still meet certain requirements, such as being at a minimum level and a shortage occupation or a job for which the employer has carried out the Resident Labour Market Test, and for which you will be paid an appropriate wage for that type of work. You will also need to prove your English language ability; a degree-level qualification from a UK institution is one way of meeting this requirement – see the Tier 2 policy guidance for other ways of showing that you meet it. You must also meet the maintenance requirements for Tier 2. The maintenance requirement is that you need to show you have £800 which has been in your account for a period of 90 consecutive days ending no more than 31 days before you make your application). If you apply on or after 14 June 2012, this sum increases to £900. You must have held this money in an account with an organisation that is acceptable to the UK Border Agency. It has a list of financial organisations that it does not regard as acceptable. Some Tier 2 sponsors can choose to certify on the certificate of sponsorship that they will provide this sum for you if necessary in which you case you do not have to provide evidence that you have this money. Check with your employer if this is an option for you.
If you have current immigration permission under Tier 1 (Post-Study Work), or as a participant in the International Graduates Scheme or the Fresh Talent: Working in Scotland Scheme, you automatically score 30 points for attributes under "Post Study Work". This applies to you also if you meet all the following requirements:
- you have current student immigration permission (this includes Tier 4 leave and student, Student Union sabbatical officer and postgraduate doctor or dentist leave under the Rules that preceded Tier 4)
- you have completed at least 12 months of study in the UK towards a UK PhD, or you have completed and passed a UK recognised bachelor or postgraduate degree or a UK Postgraduate Certificate in Education or Professional Graduate Diploma of Education – if you do not have your certificate, you can submit other evidence (academic transcript or reference) that must meet the requirements in the Tier 2 Policy Guidance
- you must have studied this course at a UK recognised or listed body or at an institution that holds a Tier 4 sponsor licence (and that is still on the register of Tier 4 sponsors on the date on which you obtain your qualification)
- you must have studied this course during your most recent period of immigration permission or during a period of continuous leave that includes this most most recent period of immigration permission
- you carried out your study or research for this course when you had immigration permission that did not prevent you from studying or carrying out research in the UK
- if you are currently sponsored by a government or international scholarship agency or if you have been sponsored by a government or international scholarship agency within the 12-month period before you apply under Tier 2, you can provide a letter from your financial sponsor consenting to this application.
You can switch into Tier 2 employment without leaving the UK if you have, or were last granted, immigration permission to be in the UK as one of the following:
- Partner (husband, wife, unmarried partner or same sex partner) of a Tier 4 migrant
- Participant in the International Graduates Scheme, Science and Engineering Graduates Scheme or Fresh Talent: Working in Scotland Scheme
- Tier 1 migrant or a Highly Skilled Migrant
- Work permit holder issued a work permit in the business and commercial or the sports and entertainment work permit categories
- Representative of an overseas business
- Overseas qualified nurse or midwife
- Innovator
- Jewish Agency employee
- Member of the operational ground staff of an overseas-owned airline
- Representative of an overseas newspaper, news agency or broadcasting organisation
- Minister of religion, missionary or member of a religious order.
You can also make your application in the UK if you have current leave in one of the following student categories:
- Student or Tier 4 Migrant
- Student nurse
- Student re-sitting an examination
- Person writing up a thesis
- Postgraduate doctor or dentist
- Student Union Sabbatical Officer
If you have student-related leave and you want to apply under Tier 2 in the UK, you also need to meet all of the following additional requirements:
- you have completed at least 12 months of study in the UK towards a UK PhD, or you have completed and passed a UK recognised bachelor or postgraduate degree or a UK Postgraduate Certificate in Education or Professional Graduate Diploma of Education – if you do not have your certificate, you can submit other evidence (academic transcript or reference) that must meet the requirements in the Tier 2 Policy Guidance
- you must have studied this course at a UK recognised or listed body or at an institution that holds a Tier 4 sponsor licence (and that is still on the register of Tier 4 sponsors on the date on which you obtain your qualification)
- you must have studied this course during your most recent period of immigration permission or during a period of continuous leave that includes this most most recent period of immigration permission
- you carried out your study or research for this course when you had immigration permission that did not prevent you from studying or carrying out research in the UK
- if you are currently sponsored by a government or international scholarship agency or if you have been sponsored by a government or international scholarship agency within the 12-month period before you apply under Tier 2, you can provide a letter from your financial sponsor consenting to this application.
If you have Tier 4 leave, the Immigration Rules allow you to start your Tier 2 job after you have applied for Tier 2 leave even if the UK Border Agency has not yet decided your application. However, your employer might not want you to do this as it could lead to problems if your Tier 2 application is not successful. Your employer will let you know when you can start your job.
If you do not already have Tier 2 leave or you do not have immigration permission in one of the categories listed above, you will need to leave the UK and apply for entry clearance to come to the UK as a Tier 2 migrant.
You can find full information about applying to be in the UK as a sponsored skilled worker under Tier 2 at
www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general.
Tier 1
Tier 1 has a number of subcategories:
- Exceptional Talent
- Entrepreneur
- Investor
- Graduate Entrepreneur
You can find information about all of these schemes plus the policy guidance and application forms at
www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1.
The Graduate Entrepreneur scheme starts on 6 April 2012. It is aimed at graduates who have innovative business ideas and whose college or university where they have studied is prepared to sponsor them under this scheme to help them develop these ideas. Each participating university or college can sponsor a maximum of 10 of its graduates.
If you qualify under it, you must make your immigration application in the UK as there are no provisions for making an entry clearance application outside the UK. You must have studied in the UK and in the 12-month period before applying you must have been awarded a UK recognised degree. The college or university that awarded your degree must give you an original document (called an "endorsement") that confirms a number of matters that are explained in the Tier 1 (Graduate Entrepreneur) policy guidance.
You must have, or have last been granted, immigration permission under Tier 4 or under one of the student-related forms of immigration permission (not including Student Union sabbatical officer leave) that preceded the introduction of Tier 4.
If you have at any time in the past been granted leave under Tier 1 (Post-Study Work), Fresh Talent: Working in Scotland Scheme, International Graduates Scheme or the Science and Engineering Graduates Scheme, you cannot apply under Tier 1 (Graduate Entrepreneur).
If you are sponsored by a government or international scholarship agency, or if you have been sponsored by a government or international scholarship agency within the 12-month period preceding your application, your financial sponsor must confirm in writing that it unconditionally consents to this application.
Your degree from the UK is evidence that you meet the English language requirement. The endorsement from your college or university must confirm that you were awarded this qualification within the last 12 months and you are not required to provide any further evidence of your degree.
The funds requirement is that you must have held the sum of £800 in an account that is acceptable to the UK Border Agency for a period of 90 consecutive days and the closing balance, letter or statement must be dated no more than 31 days before you apply. If you apply on or after 14 June 2012, this sum increases to £900. You can use an account in your name only or a joint account if you are one of the account holders.
While your application is with the UK Border Agency, you can work under the terms of your student leave. This period will be regarded as your holiday so you can work full-time, but you must not be self-employed, work as a doctor or dentist in training, take a permanent job or work as a professional sportsperson or entertainer. When your application is granted, you can start to set up your business.
If you are granted leave, it will be for a period of 12 months. There is the possibility to apply to extend this leave for another 12 months.
You will be allowed to set up your business and to take employment for a maximum of 20 hours a week. You will not be allowed to work as a doctor or dentist in training or as a professional sportsperson (including work as a sports coach).
Student Union Sabbatical Officers
You can stay in the UK if you have been elected to a full-time salaried post as a sabbatical officer at an education establishment where you are registered as a student.
You do not have to make an immigration application as a sabbatical officer if:
- you have Tier 4 student immigration permission which you applied for on or after 31 March 2009 and
- you have not yet finished your studies and
- your immigration permission is long enough to cover the period of work as a sabbatical officer.
Your college or university must tell the UK Border Agency that you are now working full-time as a sabbatical officer.
You will have to make a Tier 4 immigration application before your current immigration permission expires if:
- you will need extra time to complete your studies because you are working as a sabbatical officer, or
- you are elected at the end of your studies and your immigration permission will not cover your period of work.
You must make an immigration application as a Tier 4 (General) Student before you start your job as a sabbatical officer if:
- you are in the UK with student immigration permission and
- you made your most recent immigration application before 31 March 2009.
This applies to you even if you are in the middle of your studies and you have enough immigration permission to cover this period of work. The reason is that student immigration permission granted under the Immigration Rules which were in force until 31 March 2009 does not allow full-time employment as a sabbatical officer.
You will have to meet the requirements for Tier 4 (General) Students, including the maintenance requirements. However, the UK Border Agency does not expect you to study during this period. The UK Border Agency should give you permission to be in the UK for 12 months which you can apply to extend up to a two year maximum if you are re-elected.
You must have written consent from your sponsor, if a government or international scholarship agency sponsors you or if they sponsored you within 12 months of this application.
The requirements you need to meet are in the UK Border Agency Tier 4 policy guidance, which is at
www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students.
UK ancestry
You cannot switch into this immigration category from within the UK. You can return to your home country to apply to the British diplomatic post there for entry clearance on the basis of your UK ancestry if:
- you are a Commonwealth citizen and
- you are aged 17 or over and
- you can prove that you have a grandparent who was born in
- the UK, or
- the Channel Islands, or
- the Isle of Man, or
- the Republic of Ireland but only if your grandparent was born there before 31 March 1922.
You must intend to take or seek employment in
the UK, and you will be granted up to five years' permission to be
in the UK if you are eligible. The UK Border Agency provides further
information about UK
ancestry at
www.ukba.homeoffice.gov.uk/visas-immigration/working/uk-ancestry.
You can find detailed guidance at
www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/working.
Tier 5 (Youth Mobility Scheme)
Note: On 27 November 2008, Tier 5 (Youth Mobility Scheme) replaced the provisions for Working Holidaymakers, au pairs (non-EEA nationals), BUNAC, the Japan Youth Exchange Scheme, Gap year entrants working in UK schools and MPs' research assistants. If you have already spent time in the UK as a Working Holidaymaker, you cannot apply under the Tier 5 (Youth Mobility Scheme).
Under the Youth Mobility Scheme, you can work in the UK for up to two years. This scheme is available to nationals of Australia, Canada, Japan, Monaco, New Zealand and Taiwan, and to British Overseas Citizens, British Overseas Territories Citizens and British Nationals (Overseas). You cannot switch into this immigration category from within the UK. Instead, you need to leave the UK and apply for entry clearance.
If you are from Taiwan and you are interested in coming to the UK for work under Tier 5 (Youth Mobility), you need to register your interest with the National Youth Commission. If the National Youth Commission accepts your registration, it will send you a certificate of sponsorship and details of how to apply for your visa. The next registration period is from May 2012. You can find full details and how to register at:
www.ind.homeoffice.gov.uk/news-and-updates/?area=Taiwan
If you are from one of the other eligible countries, you are not required to register your interest and can just apply using your passport as evidence that you are sponsored by your country's government. Places are, however, limited in number and your application will be refused if all the places for a year have already been taken. Check on the UKBA's website for announcements about whether all the places for your counry have been taken.
To apply under Tier 5 (Youth Mobility), you must be aged between 18 and 30, and you must have £1,800 in your personal bank account on the date on which you apply for entry clearance.
You can find full details of this scheme and how to apply at
www.ukba.homeoffice.gov.uk/visas-immigration/working/tier5/youthmobilityscheme.
Tier 5 (Temporary Worker)
Note: On 27 November 2008, Tier 5 (Temporary Worker) replaced a number of provisions with five sub-categories: creative and sporting; charity workers; religious workers; government authorised exchange; international agreement.
These schemes allow you to undertake specific types of work in the UK for a period of one year or two years, depending on the scheme. You have to show that you have held funds of £800 (£900 if you apply on or after 14 June 2012) in an account that is acceptable to the UK Border Agency for a period of 90 consecutive days. In most cases, you cannot switch into this immigration category from within the UK. Instead, you need to leave the UK and apply for entry clearance.
You can make an application to stay in the UK under Tier 5 (Government Authorised Exchange) if you meet all the following requirements:
- you have student leave (including Tier 4 (General) leave or leave under one of the student-related categories that preceded the introduction of Tier 4)
- you have obtained a UK recognised degree during your most recent grant of leave
- you are being sponsored under Tier 5 (Government Authorised Exchange) to undertake a period of postgraduate professional training or work experience which is required to obtain a professional qualification or professional registration in the same field as your UK qualification
- your employer does not intend to employ you in the UK once your training or work experience for which you are being sponsored has ended.
For each category of Tier 5 (Temporary Worker) you need a licensed sponsor. You can see the list of licensed sponsors and find details of the schemes and how to apply at
www.ukba.homeoffice.gov.uk/visas-immigration/working/tier5.
Turkish workers
Turkish Nationals have the option of setting up in self-employment in the UK under an Agreement between Turkey and the European Community. Applications to switch into this category can be made from within the UK if you are in the UK on some other basis (for example, as a student, but note that you must not be self-employed whilst you are in the UK with student immigration permission).
In addition Turkish nationals who are working lawfully in the UK have a series of rights over a four-year period entitling them to a renewal of their permission to work.
The UK Border Agency provides information for Turkish nationals at
www.ukba.homeoffice.gov.uk/visas-immigration/working/turkish.
Further information and contacts
UKCISA:
Telephone advice: 020 7107 9922
Monday to Friday 1300–1600 hours (UK time)
Note: we cannot see personal callers
Web: www.ukcisa.org.uk
Law centres and other advice centres
Note: make sure to check that advisers are specialists in immigration law before seeking advice from them.
You can find contact details for your local law centre at: www.lawcentres.org.uk
Some Citizens Advice Bureaux have immigration specialists. For details of your local bureau, see the relevant one for England and Wales at www.citizensadvice.org.uk; for Scotland, see www.cas.org.uk; for Northern Ireland, see www.citizensadvice.co.uk.
Direct Gov has details of solicitors, advice agencies and legal aid at
www.direct.gov.uk/en/Governmentcitizensandrights/GettingLegalAdvice.
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