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Nov 30, 2013 (3 years and 10 months ago)

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Focus Africa 2013

Introduction & Housekeeping


Entrepreneurship

Dr. Ife Akintunde,

CEO, IOA Consults

Post
-
study Working Visas for
International Students


for Lancaster
University June 15
th

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/employer
sandsponsors/pointsbasedsystem/pbsregisterofsponsors

Tier 2 Codes of Practice

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employer
sandsponsors/pointsbasedsystem/cop
-
skilled
-
workers.pdf

List of Public Funds

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/mo
dernised/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: nickydean.law@gmail.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 1


Get Intelligence


Rory Daly


Meeting Room 2


Get that Job

SEO London


Mjay Akande


Meeting Room 3


Immigration
Advice


Nicky Dean


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 Car eer s


I nt er nat i onal Of f i ce


Speaker s


UCLAN St udent s

Photographs