Working in the UK after Studies
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.
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, and you are considering the possibility of staying on in the UK to work. This area of the website 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, see the UK Border Agency website at www.ukba.homeoffice.gov.uk/visas-immigration/working.
For most of these immigration routes applicants need to have successfully completed the course of study on which they are currently enrolled before making the application and may be able to ‘switch’ from their student visa into the relevant route in the UK. Please make sure that you read the guidance about each route thoroughly and understand the content before making an application; mistakes are costly!
If you need help or advice about the application please contact the International Student Advisers on advint@st-andrews.ac.uk or make an appointment to come in and see us.
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.
- Post Study Work Scheme
- Tier 2
- Other Tier1 Categories
- Student Union Sabbatical Officers
- Tier 5
- UK Ancestry
Post Study Work Scheme
The Post Study Work Scheme closed to new applications on 6 April 2012. Current holders of this immigration permission can continue under the immigration rules that accompanied this scheme at the time of issue of their leave to enter or remain.
Tier 2
This route is split into 4 subgroups;
1. Tier 2 (General), the provisions of which are summarised in this Information Sheet
2. Intra-company transfers
3. Sportspersons
4. 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.
Employers that wish to hire non-UK or EU Nationals have to be on the UKBA list of Tier 2 General sponsors (www.ukba.homeoffice.gov.uk/business-sponsors/points/sponsoringmigrants/registerofsponsors) and must issue a Certificate of Sponsorship (COS) to the potential employee.
Resident labour market test
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 suitably skilled settled worker can do the job.
The UK Border Agency decides where the employer must advertise the job, for how long, and the information that must be included in the advertisement. Settled workers are British citizens, other European Economic Area nationals, British Overseas Territories nationals, those with indefinite leave to enter or remain and those who have leave under the UK ancestry provisions.
You can find detailed information about advertising requirements in the Policy Guidance for Tier 2 and Tier 5 sponsors at;
www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance
Shortage occupations, PhD level jobs and Codes of Practice
Shortage occupations
Shortage occupations are jobs that employers find difficult to fill using UK or European Nationals. If a job is on the shortage occupation list, the employer does not have to carry out the resident labour market test before making a job offer. There is a list for the whole of the UK and a separate list that applies only to jobs in Scotland. This list is regularly reviewed and is subject to frequent change.
The list of shortage occupations is at; www.ukba.homeoffice.gov.uk/business-sponsors/points/sponsoringmigrants/employingmigrants/shortageoccupationlist
PhD level
PhD level jobs are mainly research posts. Applicants do not necessarily have to have a PhD in order to be offered a PhD level job, and some occupations that require a PhD are not on the list of PhD level jobs. They attract more points than other jobs that are not shortage occupations for a restricted Certificate of Sponsorship but they are still subject to the resident labour market test. However, the advertising requirements for PhD level jobs are more relaxed than for most other posts and an employer will be able to offer employment to the best applicant even if settled workers who apply could undertake the work. The list of these jobs is in the Tier 2 sponsor guidance at:
www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance.
Codes of Practice
The Codes of Practice explain which jobs are acceptable under Tier 2 and what the minimum wage is for each job. Only jobs described as Level NQF 6 should be considered. Other, lower level jobs are for those who already have a relevant type of work permission in the UK. It is the employer's or prospective employer's responsibility to ensure that only jobs at a certain level is available to Tier 2 (General) applicants.
The immigration rules state that applicants under Tier 2 must have a job offer for a position with a minimum wage requirement of £20000 per annum; however it does mention a concession within Codes of Practice; this should not be relied upon; we would suggest if the job that has been offered does not pay at the required level legal advice from an immigration lawyer should be sought before making an application.
The Codes of Practice are on the UK Border Agency website at www.ukba.homeoffice.gov.uk/business-sponsors/points/sponsoringmigrants/employingmigrants/codesofpractice
English language skills
Applicants must be able to prove that you have English language skills; 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: www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general.
Funds
The maintenance requirement for Tier 2 (General) is that the applicant needs to show that they have £900 which has been in an instantly accessible account for a period of 90 consecutive days ending no more than 31 days before the application. The Tier 2 policy guidance explains in detail the format of financial evidence.
Money must be held 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 the maintenance for their potential employee if necessary in which case evidence is not required by the applicant. Check with the employer if this is an option!
Applying in the UK
If the applicant is eligible to make an immigration application in the UK, the employer can issue a certificate of sponsorship to support the 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 the applicant will be paid an appropriate wage for that type of work. English language ability and the funds requirement will need to be met. There are some extra exemptions from the resident labour market test if you apply in the UK.
For details of how to apply in the UK (forms and fees), see the UK Border Agency website at www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/applying.
Post study work and student exemptions from the resident labour market test
If the applicant has 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". There is no requirement that the new position is a shortage occupation, or that the employer has carried out the resident labour market test. However, the applicant must still meet the English language requirement, and must also meet the maintenance requirement.
This also true if the applicant can meet all of the following requirements:
• has 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) or
• has completed at least 12 months of study in the UK towards a UK PhD, or has completed and passed a UK recognised bachelor or postgraduate degree or a UK Postgraduate Certificate in Education (PGCE) or Professional Graduate Diploma of Education (PGDE); if the certificate is not available the applicant can submit other evidence (academic transcript or reference) but the evidence must meet the requirements in the Tier 2 Policy Guidance
• has 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 the qualification is obtained)
• has studied this course during the most recent period of immigration permission or during a period of continuous leave that includes this most recent period of immigration permission
• has carried out study or research for this course when the applicant had immigration permission that did not prevent them from studying or carrying out research in the UK
• is currently sponsored by a government or international scholarship agency or if has been sponsored by a government or international scholarship agency within the 12-month period before the Tier 2 application is submitted, you can provide a letter from the financial sponsor consenting to this application.
Who can apply in the UK?
Applicants can switch into Tier 2 employment without leaving the UK if they have, or were last granted, immigration permission to be in the UK in one of the immigration categories:
• 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.
An application can also be made 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 the applicant currently holds student-related leave and would like to apply under Tier 2 in the UK, they also need to meet all of the following additional requirements
• has completed at least 12 months of study in the UK towards a UK PhD, or has completed and passed a UK recognised bachelor or postgraduate degree or a UK Postgraduate Certificate in Education or Professional Graduate Diploma of Education
• has 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 the qualification is obtained)
• has studied this course during the most recent period of immigration permission or during a period of continuous leave that includes this most recent period of immigration permission
• has carried out the study or research for this course when they had immigration permission that did not prevent them from studying or carrying out research in the UK
• is currently sponsored by a government or international scholarship agency or has been sponsored by a government or international scholarship agency within the 12-month period before the Tier 2 application, and can provide a letter from the financial sponsor consenting to this application.
If the applicant does not fall into any of the above categories an application under Tier 2 can only be made from outside the UK in a country of which the student is a national or has the right of residence.
Starting your Tier 2 job
If the applicant is currently a Tier 4 student that has successfully completed a course of study at the University of St Andrews or has completed one year of a PHD Programme, the Immigration Rules allow the applicant to start their new job after the Tier 2 application has been submitted even if UKBA have not made a decision on the application. Some employers may prefer to delay the start date until the application has been granted.
If the start date is delayed you remain subject to the conditions of your previous leave until the outcome of the application has been determined.
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
Other Tier 1 Categories
Tier 1 has a number of subcategories:
• Exceptional Talent
• Entrepreneur
• Investor
• Graduate Entrepreneur
Information about all of these schemes plus the policy guidance and application forms are available at; www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1
The rules for the Graduate Entrepreneur scheme came into force 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. The list of sponsoring universities and colleges is on the UK Border Agency website at:
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.
Tier 5
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, Japan Youth Exchange Scheme, Gap year entrants working in UK schools and MPs' research assistants; if applicants have already had time in the UK under one of the above schemes they should not make an application under Tier 5 as it will be refused.
Under the Youth Mobility Scheme, holders 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). From 9 July 2012, it is also available to nationals of South Korea.
Switching into this immigration category from within the UK is not permitted applicants must leave the UK and apply for entry clearance.
Taiwanese nationals that are interested in coming to the UK for work under Tier 5 (Youth Mobility), need to register interest with the National Youth Commission. Registration is usually open for a short period from 1 December each year. If the National Youth Commission accepts the registration, a certificate of sponsorship will be sent along with details of how to apply for a visa. Full details and how to register at:
Nationals from the other eligible countries, are not required to register interest and can just apply using their passport as evidence that they are sponsored by their home country’s government. Places are, however, limited in number and applications will be refused if all the places for a year have already been taken. Availability of the scheme is updated regularly on the UKBA website for the eligible countries. There is no limit for British Overseas Citizens, British Overseas Territories Citizens and British Nationals (Overseas).
Applicant for Tier 5 (Youth Mobility), must be aged between 18 and 30, and must have £1,800 in their personal bank account on the date of Entry Clearance application. 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 holders to undertake specific types of work in the UK for a period of one year or for two years, depending on the scheme. Maintenance required is £900 in an account that is acceptable to the UK Border Agency for a period of 90 consecutive days. In most cases, switching into this immigration category from within the UK is not permitted; an application for Entry Clearance will need to be made in your home country.
Applications can be made under Tier 5 (Government Authorised Exchange) if the applicants can meet all the following requirements;
• has student leave (including Tier 4 (General) leave or leave under one of the student-related categories that preceded the introduction of Tier 4)
• has obtained a UK recognised degree during the most recent grant of leave
• is 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
• the employer does not intend to offer employment in the UK once the training or work experience has ended.
Tier 5 (Temporary Workers) can only be employed by Employers who hold the appropriate sponsor licence.
www.ukba.homeoffice.gov.uk/visas-immigration/working/tier5.
UK Ancestry
The UK ancestry route allows eligible persons to take employment and to set up a business. It can lead to settlement after five years.
Applicants cannot switch into this immigration category from within the UK and should return to your home country to apply at the British diplomatic post for entry clearance on the basis of UK ancestry if they fall into the following categories:
• a Commonwealth citizen and
• aged 17 or over and
• 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
Applicants must intend to take or seek employment in the UK, and will be granted up to five years' permission to be in the UK eligible. The UK Border Agency provides further information about UK ancestry at; www.ukba.homeoffice.gov.uk/visas-immigration/working/uk-ancestry
Detailed guidance can be found at; www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/working .