IMMIGRATION ROUTES TO REMAIN IN THE UK POST STUDIES

Transcription

1 IMMIGRATION ROUTES TO REMAIN IN THE UK POST STUDIES Thalej Vasishta Paragon Law

2 Helping entrepreneurs, organisations and individuals to make successful applications to work, live, study, invest and trade in the UK

3 THE CURRENT IMMIGRATION RULES FOR NON-EU NATIONALS Work experience during studies Tier 2 (General) Tier 2 (Intra-Company Transfer (ICT)) Tier 5 (Temporary Worker Government Authorised Scheme) Tier 5 (Youth Mobility Scheme) Doctorate Extension Scheme Sole Representative Tier 1 (Graduate Entrepreneur) Tier 1 (Entrepreneur)

4 WORKING DURING STUDIES Permitted to work a maximum of 20 hours per week during term time if you are studying at degree level or above. Full time during vacations (48 hours) per week. Full time work placement if the placement makes up 50% or less of your course. The work placement must also be assessed as part of the course. Student immigration permission that extends for up to 4 months beyond the end of your studies allows you to work without permission during this period.

5 TIER 2 (GENERAL) Online application. Within 5 days submit supporting documents. Visit from UKVI or further queries. Decision. Licence issued and access to SMS. Rated A or B (time limited action plan if B Rated or removed from Register).

6 TIER 2 (GENERAL) Once employer is on the SMS they can then issue Certificate of Sponsorships (CoS) to employ non-eu nationals. Scoring is as follows: Attributes 50 points. English Language 10 points. Maintenance 10 points.

7 TIER 2 (GENERAL) ATTRIBUTES (Pass Mark 50 points) SPONSORSHIP Job in shortage occupation Job offer with a salary of 159,600 or more Offer of job that passes the resident labour market test Switching from Tier 4 (General) Extension applications (Resident Labour Market Test not required) APPROPRIATE SALARY 30 points 30 points 30 points 30 points 50 points points 20,800 (new entrant salary) 20 points Under 20,800 0 points

8 TIER 2 (GENERAL) 2423 Management consultants and business analysts. New entrant: 22,300 Experienced worker: 27,200 Related job titles: Business adviser Business consultant Business continuity manager Financial risk analyst Management consultant

9 TIER 2 (GENERAL) 3545 Sales accounts and business development managers New entrant: 22,000 Experienced worker: 30,600 Related job titles: Account manager (sales) Area sales manager Business development manager Product development manager Sales manager

10 TIER 2 (GENERAL) English Language Requirement 10 points Evidence to prove that the applicant speaks English to the required standard and meets the requirements which may be done as follows: Hold a degree that was taught in English and is equivalent to a United Kingdom Bachelors Degree or above. Has an approved English language qualification.

11 TIER 2 (GENERAL) Maintenance 10 points: Applicants must show they have at least 945 available and held for at least 3 months. A Grade A Sponsor on the Sponsorship Management System may certify maintenance.

12 TIER 2 (GENERAL) The Annual Limit Relates to migrants who are coming to the UK to take up skilled employment under Tier 2 (General). This has been set at 20,700 from 06 April April The limit will not apply to: ICT s Any Tier 2 (General) CoS with a salary of 159,600 or more. Any in-country Tier 2 (General) application, including extension, change of employment and those switching immigration category into Tier 2 (General).

13 TIER 2 (GENERAL) Restricted CoS A cap of 20,700 is split equally over 12 months (April 2017 limit 2550, 1512 per month for remaining 11 months) with any unused rolled over to the next month. Applies to out of country applications whether with a RLMT or under the Shortage Occupation List. In the event that the quota has exceeded in a particular month applications will be prioritised under the following ranking. Shortage Occupations. Requirement for higher academic qualifications. Salary

14 TIER 2 (GENERAL) Periods of leave leading to indefinite (permanent status): An initial grant of leave of up to 5 years can be applied for. Please note that the total period of leave that may be held under Tier 2 (General) is 6 years. Once 5 years have been completed under Tier 2 (General) the leave holder can apply for Indefinite Leave to Remain. You will need to complete 6 years under Tier 2 (General) and will only be able to apply for ILR (from 5 th Yr) if earning 35,800 or the appropriate rate for the job (whichever is higher). If the worker does not satisfy this criteria will then have to leave the UK and undergo a cooling off period of 12 months before able to re-enter under Tier 2 (General). PhD and shortage occupations are exempt.

15 TIER 2 (INTRA-COMPANY TRANSFER (ICT)) Purpose Points required Established Staff To fill posts requiring established employees that would not otherwise be filled by resident workers 50 for attributes 10 for maintenance Graduate Training For new graduates who need to come to the UK as part of a structured training programme 50 for attributes 10 for maintenance Minimum skill level S/NVQ level 6 and above Graduate occupations only Minimum salary Appropriate rate for the occupation 41,500 or above Previous experience required 12 months 3 months Appropriate rate for the occupation Maximum length of leave Switching to other categories If salary over 41,500 (5 yrs) 159,600 (9 yrs) Permitted, but can only switch Tier 2 categories if changing employer 12 months 23,000 Not permitted

16 TIER 5 (TEMPORARY WORKER GOVERNMENT AUTHORISED SCHEME) Allows for post graduation training, internship or work experience. Schemes relating to research, fellowship and training in the fields of science and medicine will attract leave of 24 months. Other schemes that relate to internships or work experience are subject to a maximum of 12 months leave. The scheme must be run by a Overarching Body and have support of a Government Department. Cannot switch in-country to Tier 2.

17 TIER 5 (YOUTH MOBILITY SCHEME) This scheme is available to citizens of Taiwan, Australia, New Zealand, Japan, Canada, Monaco, South Korea and Hong Kong. Who are between at the time of their application. Must have 1800 in funds at the time of the application. Can work for 24 months in the UK without approval or a UK sponsor. Scheme is quota based commencing in January each year. Cannot switch into this category but will need to return home and obtain entry clearance.

18 DOCTORATE EXTENSION SCHEME Students successfully completing a PhD at a UK HEI will be able to stay in the UK, sponsored by the HEI, on a Tier 4 visa for 12 months. This will give students gaining a PhD a longer period to find work, set up as an entrepreneur, or to gain practical work experience. Leave will be granted for 12 months from the expected course completion date specified by the HEI.

19 THE SOLE REPRESENTATIVE VISA Sole representative must not be a majority shareholder, i.e. must have less than 50% shareholding. No minimum period that the sole representative must have been employed overseas. Must have full operational powers to conduct business in the UK. No minimum salary Initial grant of status 3 years and extension granted for a further 2 years if evidence provided that company is fully trading / active. ILR (permanent residency) after 5 years.

20 TIER 1 (GRADUATE ENTREPRENEUR) VISA Attributes an applicant applying for leave to remain as a Tier 1 (Graduate Entrepreneur) must score 75 points as follows: The applicant has been endorsed by a UK higher education institution which has an extension to its Tier 4 licence to issue such visas. (25 points) The applicant has a UK recognised Bachelors or Masters degree or PhD. (25 points) The endorsement must confirm that the institution has assessed the applicant and considers that: The applicant has a genuine, credible and innovative business idea; and The applicant will spend the majority of his working time on developing business ventures. (25 points)

21 TIER 1 (GRADUATE ENTREPRENEUR) VISA Additional 10 points will need to be scored for both English language and maintenance (if you intend to apply from overseas then you will need to show 1800 for maintenance funds). Initial status under this category will be granted for 12 months and this will be extended to a maximum of 2 years. At the end of the second year in this category migrants must either switch to Tier 1 (Entrepreneur) or leave the UK. The funds required to switch into Tier 1 (Entrepreneur) will be lowered for Tier 1 (Graduate Entrepreneur) migrants who are registered as selfemployed or as a director from 200K to 50k.

22 TIER 1 (ENTREPRENEUR) VISA Attributes (75 points) Access to at least 200,000 or 50,000 from designated organisations (25 points). Held in a regulated financial institution (25 points). Disposable in the UK (25 points). English language (10 points). Maintenance (10 points) must be your own money, i.e. in your own account (currently 3100).

23 TIER 1 (ENTREPRENEUR) VISA No employment, other than in business(es) invested in. Entrepreneurial pair permitted. Initially 3 years status granted.

24 TIER 1 (ENTREPRENEUR) VISA Extension application for a further 2 years will be granted if: Within 6 months of entry, registered new business, registered as director of business or as self-employed (20 points) Invested at least 200k ( 50k) cash in one or more UK businesses (N.B. not residential accommodation / property development / property management) (20 points). Engaged in business at the time of application (15 points). Created at least 2 full time jobs (30 hours per week) for at least 12 months (20 points). English (10 points). Maintenance (10 points).

25 TIER 1 (ENTREPRENEUR) VISA Entrepreneur will be granted ILR (permanent residence): Usually within 5 years (2 full time employees created for at least 12 months of previous status). 3 years accelerated route to settlement if: 5m gross income; and 10 jobs created. 180 days maximum permitted absence in any consecutive 12 months.

26 THE FUTURE Concern businesses setting up in Europe Concern the position of posted workers Industrial strategy Trade agreements International students Shortage occupations / sector based schemes Tier 5 Trade, investment, collaboration

27 QUESTIONS?

28 CONTACT Sana Bukhsh (PA to the Corporate Immigration Team) Paragon Law 7b Broad Street, Nottingham, NG1 3AJ T: E: W: