The UK’s new “Points Based System (PBS)” for immigration is to be gradually introduced over 2008 and 2009.
Overseas students wishing to remain in the UK to work, after completing their studies, can now apply for a 2 year work permit using the new PBS under the Tier 1 (Post-study work) category.
NOTICE: The UK government’s policies on overseas nationals working in the UK are subject to change from time to time. The information on this website was correct at the time of publication. To check the most up to date information please also see this website’s News (Visa) section and/or visit www.bia.homeoffice.gov.uk.
29th June 2008 saw the introduction of the UK Border Agency’s new “Points Based System” for “Tier 1” migrants. Tier 1 has a number of sub-categories;
The previous UK visa schemes that closed on this date are as follows;
Tier 1 (Post-study work) effectively replaces the former International Graduates Scheme and the Fresh Talent: Working in Scotland Scheme. This means that overseas students completing a recognised degree course in the UK, now have the opportunity to stay and work in the UK for 2 years after graduation.
The new PBS is similar to the system used for many years in Australia. Migrants need to attain a certain number of points, to be eligible for the visa that they are applying for. Different visa categories have varying levels of points that need to be accrued.
For the Tier 1 (Post-study work) category, points are awarded as follows;
| Attributes | Points available |
| UK qualification | 20 |
| Studied at a UK institution | 20 |
| Immigration status during UK study and/or research | 20 |
| Date of award of qualification | 15 |
| English language | 10 |
| Maintenance (funds) | 15 |
As shown in the above table; there are a maximum of 100 points available.
Applicants will need a total of at least 95 points.
Applicants must score at least 10 points (out of possible 15) for maintenance (funds).
· UK qualification:
Applicants will score 20 points if they have been awarded one of the following qualifications from a recognised UK institution;
Qualifications that are not accepted are as follows;
· Studied at a UK institution:
Applicants will score 20 points if they have studied for the eligible qualification at any of the following;
· Immigration status during UK study and/or research:
Applicants will score 20 points if they can show that during their period of study and/or research in the UK, they had a valid student visa (permission to enter and remain in the UK) covering the whole period.
Applicants do not need to have remained in the UK for the entire length of their studies. It is reasonable to expect that some students may have spent some time studying and/or doing research overseas while undertaking their degree.
· Date of award of qualification:
Applicants will score 15 points if their eligible qualification was obtained within the 12 months immediately prior to their application for a work permit under Tier 1 (Post-study work).
Note that the “date of award” is not the date of graduation. The exact date is the date that the student is first notified in writing, by the awarding institution, that the qualification has been awarded to them.
· English language:
Applicants will automatically be awarded 10 points for English language if they score the required 75 points in the first 4 attributes. No further English testing or IELTS scores are needed.
· Maintenance (funds):
Applicants must show that they have enough funds in personal savings to support themselves in the UK, without needing financial assistance from public benefits or funds.
The purpose of the Tier 1 (Post-study work) category is to permit overseas graduates of UK institutions to remain in the UK to work; therefore only quite low levels of funding need to be proved, as applicants will be expected to find paid employment once granted their 2 year work permit.
Applicant’s maintenance funds are assessed using the following;
For applications made in the UK, shortly after graduation, but before the applicant’s student visa has expired; applicants must show at least £800 in their account at all times over a minimum 3 month period prior to their application.
For applications made outside the UK; applicants must show at least £2,800 in their account at all times over a minimum 3 month period prior to their application.
Note that assets, including properties, shares, overdrafts, etc. are not acceptable proof of funds. Funds need to be readily available, i.e. easily accessible from a bank account.
Applicants that can prove they have this minimum level of funding will score 10 points. Higher points, up to 15, can be awarded if the applicant can prove that they have additional funding, over and above the minimum levels stated above.
Full details of this scheme including details on how to apply and application forms available for download are available from the UK Border Agency website;
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/poststudy/
Note that migrants under this scheme must leave the UK before their permission to stay expires. In addition, they are only allowed to take up employment. They are not allowed to be self-employed or to start their own business.
It is possible for migrants to remain in the UK for a longer period, if they are able to secure a sponsor employer that wants to employ them in the UK, after their permission to stay expires, so long as that employer can prove that they are unable to find a UK resident that is suitable and capable of filling the required role.
In addition, there are a number of professions that the UK government has nominated as having a shortage of UK skilled workers. Migrants with qualifications and relevant work experience in these fields might be able to remain in the UK, without needing a sponsor employer.
Separate rules still apply for doctors and nurses, both fully qualified and under training.
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