Transcript Document

Working in the UK following
completion of your studies
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31 January 2007
Immediately following graduation
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Work as a student until current
visa expires.
Decide whether you are eligible to
“switch” in to any of the
government recognised schemes
and programmes.
“Switching in Country”
(following graduation)
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SEGS
Work permit employment
TWES
HSMP
Science and Engineering
Graduates Scheme (SEGS)
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This scheme allows certain students to stay in the
UK for up to 12 months after graduation to seek
employment and build up work experience in the
UK.
The original aim was to encourage science,
mathematics and engineering graduates to pursue
a career in UK.
SEGS participants can take any type of
employment/self-employment in the 12 months
regardless of whether it is related to the subject
studied.
Before the SEGS visa expires you can apply to
“switch” into work permit employment or HSMP.
SEGS (cont.)
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You do not need a job offer (or business plan if you plan
to be self-employed) in order to apply for SEGS.
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Relevant requirements:
– You must have received the results of your course
but not necessarily have graduated;
– If you are graduating with a Bachelors Degree you
must have at least a 2:2 and the degree must be
listed on the approved list; Or
– If you are graduating with a Masters or PhD which
commenced before 1/5/06, the degree must be
listed on the approved list; Or
– If you are graduating with a Masters or PhD which
commenced after 1/5/06, the degree can be in any
subject.
SEGS (cont.)
– You must have completed your course in the
last 12 months;
– You must intend to work once permission is
granted; and
– You must be able to support yourself (and any
dependants) without recourse to public funds.
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The JACS code for your degree must match the
JACS code on the Home Office’s approved list of
eligible courses.
The Home Office will not exercise discretion if the
JACS code does not match.s not usually
exercised).
SEGS (cont.)
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Complete FLR (SEGS)
Cost is £335 if you apply by post.
Cost is £500 if you apply in person (Croydon,
Liverpool, Birmingham and Glasgow).
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The name “SEGS” is now misleading. It will be
changed at some point.
Work Permits
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Most popular scheme
The UK employer must apply for
a work permit on your behalf
Business and Commercial Work
Permit
Up to 5 years
Once work permit is granted you
also need to vary/obtain leave to
remain in the UK.
Employer needs to demonstrate
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Tier 1
Tier 2
– Evidence
of
experience
/
qualifications
– Employer references
– Evidence of recruitment search
(to fill a genuine vacancy)
– Advertisements
– Responses
Shortage Occupations
Currently (but updated regularly):
• Ground Engineers
• Healthcare
• Teachers
• Vets
If the position is on the shortage occupation
list employers do not have to demonstrate
recruitment methods and why resident
workers were not successful.
TWES
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Allows you to undertake work-based training for a
professional or specialist qualification (being registered
by a relevant professional body),
or:
A period of work experience.
A training permit can be issued for up to 5 years.
A work experience permit is usually issued for 12
months.
You must intend to return to your home country at the
end of the permit.
You will not be eligible to return to the UK on a work
permit until 12 months later.
Background
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Introduced 2002
UK Government aim:
– To allow individuals with exceptional skills and
experience to seek entry or stay to work in the
UK without prior offer of employment or to
take up self-employment opportunities.
– Suddenly revised in November 2006.
– New scheme introduced on 5 December
2006.
Why has the scheme changed?
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To ensure greater transparency and objectivity in
decision making.
To ensure the scheme selects the people who will
be most successful in the labour market and will
make a strong economic contribution to the UK.
Process
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HSMP application.
Application approved for 2 years.
Need immigration approval.
If in country – FLR (HSMP).
If out of country – entry clearance (within six
months of the HSMP application).
How to apply
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Complete application form.
Supply ORIGINAL documentation (provide
certified translations if necessary).
£315 fee payable to Home Office Work Permits
(UK)
You need to provide evidence you score 75 points
or more; AND
Meet the English Language requirements.
Educational Qualifications
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PHD:
Masters:
Graduate Degree:
50 points
35 points
30 points
Vocational and professional qualifications can
score points if satisfactory independent evidence
is produced to show that the qualification is
equivalent to a UK academic qualification.
Educational Qualifications (2)
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Evidence required:
Original degree certificate. Clearly showing:
Date and title of award and name of awarding
institution.
If professional/vocational you need to provide a
letter from appropriate body confirming the
qualification’s equivalence to UK academic levels.
Previous Earnings
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You can claim points for any earnings you have
from current employment.
You can claim points for any earnings from
employment in the 15 months before you became
a full time student.
Your gross earnings will be assessed for a total
period of up to 12 months out of the 15 months
immediately prior to the application.
Part-time earnings will be considered/earnings do
not have to be from a single employer.
Points scored for earnings depend on the country
you have been residing and working in to reflect
differences in income levels across the world.
Previous Earnings (2)
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Countries are split into 5 bands (A – E) (set by HM
Treasury).
Earnings need to be converted into £.
Points scores for this category range from 5 points
to 45 points.
If you have worked in the UK for the past year you
will need to demonstrate that you earned between
£16,000 (5 points) - £40,000 (45 points).
Previous Earnings (3)
Two pieces of EVIDENCE are required (all evidence must be in
English. If not in English you must send certified
translations).
If employed:
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12 months wage slips; and
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Income tax return.
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(If you worked in a country that does not have a tax system you
should provide:
– Wage slips / bank statements / letter from your employer
confirming your income)
If self employed:
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Individual tax return; and
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Personal bank statements and one of the following:
– Company audited accounts and company tax return;
– Unaudited business / management accounts plus either
business bank statements and a business tax return or
copies of business contracts.
Previous earnings (4)
• If you are a current student and wish
to claim points for earnings from the
15 month period before your full-time
study you need to provide all the
evidence plus:
– An original signed letter on headed paper
of the institution showing:
• Your name;
• Dates of study; and
• Number of hours studied per week.
UK Experience
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5 points can be claimed if either:
– You have successfully scored points under the
previous earnings category and your earnings
were in the UK; OR
– You have studied and graduated at Bachelors
degree level or higher in full-time higher
education in the UK for at least one full
academic year.
UK Experience (2)
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If you are claiming 5 points for previous earnings
in the UK you do not need to provide any
additional evidence.
If you are claiming your 5 points for studying at a
UK institution (or an overseas educational
institution with a base in the UK) you need to:
– Provide a letter from the UK institution stating
that:
• You achieved a degree (or higher), and;
• The degree involved study for at least one
full academic year, and;
• This was during the last 5 years, and;
– Provide the original letter of permission from
the Home Office to enter / remain as a
student.
UK Experience (3)
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If you do not have the original letter of permission
from the Home Office you may request
exceptional consideration of your case (such as if
war or natural disaster has affected you).
You will need to provide alternative evidence:
Notarised copy of the personal details page of
your passport and
Notarise copy of your visa.
The Age Assessment
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This Category involves the award of points
depending on age.
Points are awarded as follows
Age
Points
27 or under
20
28 or 29
10
30 or 31
5
32 and over
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Evidence required: original birth certificate /
original full driving licence.
Application must be received before your birthday.
MBA Provision
To meet the MBA provision and be granted an
automatic 75 points you must:
• Have graduated from an eligible MBA programme
(there are 50 eligible MBA programmes around
the world) and
• Provide evidence that clearly demonstrates you
have graduated from an eligible MBA programme
(i.e. original certificate).
The English Language
Requirement
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In order to qualify for HSMP, you must have a good
knowledge of English and provide the appropriate
evidence to support this.
• If you cannot meet this assessment your application will
be rejected regardless of any points you score.
Evidence required
Either
• An IELTS Test Report form issued the two years prior to
the application being made at Band 6 or above
(Academic or General tests are fine);
Or
• A Bachelors degree certificate and an original letter from
the awarding body on official letter headed paper
(including your name, the qualification obtained, date of
the award and confirmation that the course was taught in
English).
The English Language
Requirement
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Important to note – a Bachelors degree meets the
English language requirements, higher level
degrees do not.
Alternative evidence – alternative qualification to
IELTS level 6 (check with NARIC).
IELTS – University of Manchester, Language
Centre, Oddfellows Hall, (0161) 306 8891.
The Cost of the IELTS exam is £95.
Reviews of HSMP Decisions
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Reconsiderations – complete form “Request for a
Review of a HSMP Application”.
28 days to submit your request.
1 review per application.
If new information is submitted a fresh application
must be made with new fee.
Entry Clearance/Leave to Remain
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Out of country – entry clearance.
In country – Leave to remain.
FLR(HSMP) Fee of £335.
The leave to remain application must be submitted
before your existing leave to remain expires.
Other types of Immigration
Applications for individuals from
Commonwealth Countries
UK Ancestry; or
Working Holiday Maker.
Business Person
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You must intend to run a business full time in the UK.
You will need to show:
- a detailed business plan;
- evidence that you have at least £200,000 to invest in
the business;
- evidence that you will create at least 2 full-time jobs for
people living in the UK; and
- you can live in the UK without help from public funds.
If successful you will be able to stay for 12 months then
apply for an extension.
Innovator
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This scheme is for entrepreneurs with new and creative
ideas who want to set up a business in the UK.
The business proposals must lead to exceptional
economic benefits for the UK.
There is no minimum level of investment required.
You must be able to provide a detailed business plan.
The proposed business must create 2 jobs in the UK.
You must hold 5% of shares in the company.
You must be able to support yourself whilst living in the
UK.
You must be able to finance your business for the first 6
months.
Permanent Residence – Indefinite
Leave to Remain
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All adults who apply for indefinite leave to remain
on or after 2 April 2007 will need to demonstrate
knowledge of English language and of “life in the
UK” in addition to the usual requirements for
settlement.
HOW?
ESOL Entry 3 + “Life in the UK” test; or
English for Speakers of Other Languages
qualification.
Permanent Residence – Indefinite
Leave to Remain
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The length of time you must spend in the UK
before applying for indefinite leave to remain:
HSMP/Work Permit/Investors/Ancestry/Persons
establishing themselves in business = 5 yrs;
Marriage/unmarried partners = 2 yrs;
Lawful stay on any basis = 10 yrs;
Unlawful stay or a combination of lawful/unlawful
stay = 14 yrs.
Proposed Changes to the UK
Immigration System
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March 2006 new plans launched.
Points-based system for managed migration
similar to the US and Australia.
Government trying to ensure only those who
benefit the UK can stay and work.
HSMP changed with effect from 5th December
2006.
Key Elements Include
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Consolidating the current existing work and study
routes into 5 tiers:
1 - Highly skilled
2 - Skilled workers with job offers
3 - Low skilled workers filling temporary labour shortages
4 - Students
5 - Working holiday makers
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New system currently still being designed.
Full implementation is expected by December 2008.
Tier 1 is due to commence in September 2007, Tier 4
January 2008 and Tiers 2, 3 and 5 by July 2008.
Berg Legal Immigration Solutions
• For more information please contact:
– www.workingintheuk.gov.uk
– www.ukcosa.org.uk
– www.ind.homeoffice.gov.uk
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Berg Legal.
Other law firms/internet providers.