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subject: Further changes to Tier 4 and Tier 1 post study work categories [print this page]


Further changes to Tier 4 and Tier 1 post study work categories

The post study work route which allows graduates to work in the UK following the completion of their degrees will be open until April 2012. It was previously rumoured that the post study work route might be closed this year however, the UK Border Agency have issued new policy guidance for applicants applying after 5th April 2011.

The post study work route is valid for two years and cannot be extended. Under this category, the migrant does not need to work for a particular sponsor. 75 points for attributes is required in order to qualify along with ten points for English language and 10 points for maintenance. At the end of their two years, migrants will be expected either to leave the UK or to switch into another eligible category.

Possibility of switching into Tier 2 category for Tier 1 PSW

Those graduating from a UK university with a recognised degree, PGCE or PGDE will be able to switch into Tier 2 and there will be no limit on these switchers. They will only be permitted to switch from inside the UK and before the expiry of their leave. The normal Tier 2 requirements will apply (save for the resident labour market test).

The UK Border Agency also made recent announcements as to changes for student visas for overseas applicants such as tougher entrance criteria. The announcement follows a major public consultation on the reformation of the Tier 4 visa. The Home Office identified widespread abuse with many students not being accounted for.

The UK Border Agency announced that from April 2012, institutions will need to be classed as a Highly Trusted sponsor in order to sponsor students and that they will be required to undergo accreditation by the end of 2012. Students will be required to demonstrate an upper intermediate level of English (B2 level) as opposed to the lover intermediate level (B1) required now. Those who cannot speak English without an interpreter can be refused by UKBA staff.

Only students at universities and publicly funded further education colleges will be able to retain their worker rights whilst all other students will not be afforded a right to work.

Students at universities will be allowed to continue working 20 hours per week (part time) whilst FE College students will be allowed to work 10 hours per week (part time).

A further change will only allow post graduate students at university (on a course which is for more than 12 months duration) and Government sponsored students to bring their dependants. The dependants will be allowed to work.

The UKBA announced that it will introduce limits to the amount of time that can be spent in the UK on student visas to 3 years (for lower levels) and five years (for higher levels). Exceptions will be available for those studying at higher level for instance, to complete a PHD or where the field of professional study requires more than five years (such as medicine or architecture).

A summary of the new student policy can be found on the UKBA website.

The Government has also stated that it will reform all routes of entry to the UK in order to control immigration. It will also develop new entrepreneur route for bright and innovative' students who wish to do business in the UK.

For a case specific evaluation please book an appointment by contacting us on 0207 569 3035. Alternatively, you can email us at info@ergensharif.co.uk .

26th March 2011




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