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UK Immigration Law Update: New Rules Applying From 6 April

Online Desk | May 24, 2012
UK Immigration Law Has Changed

UK Immigration Law Has Changed

After coming Tory-Lib Dem government UK immigration law is changing rapidly. Thus why immigrants - specially Asian immigrants are under charge of this new immigration law. Bangladeshi, Pakistani, Tamil & Somalian Students are falling in rigid situation to make their livelihood and bear life in UK.

From 6 April 2012 there will be significant changes to the Immigration rules which will affect employers’ ability to recruit foreign students following their graduation in the UK.

On 5 April 2012 the Tier 1 Post Study Worker route will close to new applicants. This category allowed international graduates of UK universities to remain in the UK for two years after their studies. They did not need a job offer and could take any employment The UK Government however expressed a fear that some graduates were taking low paid, low skilled jobs.

In an attempt to ensure that only "the brightest and the best" graduates stay and work in the UK, from 6 April there will instead be a new category for graduates within Tier 2, thereby bringing recent graduates under the responsibility of employers. The scheme is open to graduates with a Bachelor's or Master's degree, PhD, or a PGCE or PGDE from a UK recognized or listed education institution, with an offer of a skilled job from a licensed sponsor and paid at least £20,000. Government Codes of Practice may then specify a higher minimum salary for a given job.

Before sponsoring a graduate under Tier 2 an employer must have obtained a Tier 2 Sponsor License from the UK Border Agency. This allows the employer to issue Certificates of Sponsorship (CoS) to suitably qualified and skilled workers to take a position in their organization. The Tier 2 rules are being relaxed slightly in respect of recent graduates, so there is no need to advertise the vacancy prior to the position being filled by the graduate, but the employer must ensure that the job offered meets all other criteria for the issue of a CoS as set out by the UKBA.

There is an immediate cost implication to the employer, to obtain a Sponsor License from the UKBA and issue a CoS. The graduate will then need to make an application to the UKBA to switch from Tier 4 (Student) into Tier 2. They can only do this once their qualification has been awarded.

The graduate’s current Tier 4 visa may allow them to start work as a student (for example during the holidays following completion of their studies). However, they cannot be given a permanent role until their Tier 2 visa is granted.

The previous PSW route allowed employers to train and develop a graduate's potential prior to making a decision to employ them under Tier 2. It also gave the graduate the opportunity to fulfill the requirements of Tier 2 in terms of seniority and experience. Many new graduates will be unable to fulfill the criteria for Tier 2 at the beginning of their careers.

Companies with multinational offices and graduate trainee schemes may wish to consider whether a period of work experience outside of the UK would be appropriate in order for the employee to benefit from the Tier 2 Intra-Company Transfer schemes.

Now you may have question what is Tier 1 (Graduate Entrepreneur)? This is a new route that comes into force on 6 April 2012. It is aimed at students who have completed a degree course in the UK and who wish to develop ideas or entrepreneurial skills by setting up a business in the UK. You need to be sponsored by the institution where you studied and there is a limit of 1000 places (10 per participating institution).

The UK Border Agency has invited education providers to register as sponsors under this scheme. We understand that the deadline for doing this is 4 May 2012. When the list of sponsors has been finalised some time after 4 May, the link in the UK Border Agency's policy guidance to the list of institutions should work. Until then, you should ask your education provider if it is involved or planning to be involved with this scheme.

You also need to show when you apply that you have held the sum of £800 for a period of at least 90 days. On 14 June 2012, this sum increases to £900. If your application is successful, you will be granted leave for 1 year in order to develop your business plans with the support of your institution. During this time you will also be able to take employment for up to 20 hours a week. There is the possibility of extending this leave for a maximum of 1 additional year.

There are no provisions for applying under this scheme from outside the UK. To apply in the UK you must have or have last been granted leave as a student, including Tier 4 leave, or as a Tier 1 (Graduate Entrepreneur). You must not have previously had leave under Tier 1 (Post-Study Work), the International Graduates Scheme, Fresh Talent: Working in Scotland or the Science and Engineering Graduates Scheme.

You might be in the UK with immigration permission as a student and applying to change your immigration status to be here under one of the work categories, for example, under Tier 1 (Post-Study Work) or Tier 2. If your family members are currently in the UK with immigration permission as student dependents, they can apply at the same time as you to stay in the UK as your family members. If your family members are with you with some other form of immigration permission, for example, as a student, they cannot apply to stay as your family members. They will have to return to the country where they usually live and apply for entry clearance. Alternatively, check whether they can apply under any of the work categories in their own right. Children who are 18 or older can apply to stay with you as long as they already have permission to be here as your dependent.

Another Question May Arise what is happening with Tier 1 (Post-Study Work)? This work route will close on 5 April 2012. This means that you will not be able to apply under Tier 1 (Post-Study Work) on or after 6 April. If you meet all the requirements, including having your results, you can apply on or before 5 April. If you plan to apply, you must ensure that your funds have been in your account for a three-month period before you apply. This means your money must be in your account now.

The Government has provided some information about what will replace Tier 1 (Post-Study Work). You will need to meet most of the requirements of Tier 2, except for the Resident Labor Market Test, or of a new Tier 1 (Graduate Entrepreneur) route which does not yet exist. This means that a Tier 2 employer will not have to show that the job was advertised and no UK or EEA nationals could do it.

However, the job will have to be a graduate level job with a specified minimum wage, and the employer must have a Tier 2 license. You must have completed your studies and been awarded your qualification, unless you are studying for a PhD. If you are studying for a PhD, you must have completed at least 12 months of study but you do not need to have finished your study before applying.

There is no specific provision for you if you need to complete a period of work in order to qualify in a profession. You should speak to your professional body about whether it is possible for you to apply under Tier 2 or under Tier 5 (Government Authorized Exchange).

Tier 1 (Graduate Entrepreneur) will apply to 1000 graduates only in its first year of operation. Your current Tier 4 sponsor needs to register its interest in the scheme and then select which of its graduates it wishes to support in developing entrepreneurial skills and ideas. Whilst you are developing your business, it will be possible to undertake additional work for up to 20 hours a week. This scheme will start after 4 May 2012.

To summarize you may have question - What's changing on 6 April 2012? The UK Government has announced number of changes it plans to make to the Tier 2 (General), Tier 2 (Sportsperson), Tier 2 (Minister of Religion), Tier 5, Overseas Domestic Worker and Visitor routes on 6 April. As well as closing Tier 1 (Post-Study Work), it aims to introduce some provisions.

Time spent in Tier 2 will be limited to 6 years; if you are not granted settlement or permission to stay in the UK in some other category, you will have to leave the UK (this applies to you only if you apply or applied for Tier 2 leave on or after 6 April 2011).

You will be able to apply for settlement after 5 years with Tier 2 leave, but in most cases your pay must be £35,000 or the minimum in the relevant Code of Practice, whichever is higher; the minimum wage requirement will not apply to you if: 1. your job is or has been on the Shortage Occupation list 2. your job is a "PhD-level job" (this includes research and development managers, scientists, researchers and higher education teaching professionals), 3. you have Tier 2 (Minister of Religion) leave. If you apply for Tier 2 leave on or after 6 April 2012, and you are unable or do not want to apply for settlement before the end of your 6-year period, you will have to spend 12 months outside the UK or in a different immigration category before you can apply again under Tier 2; this is called a "cooling off period".

Time spent in work experience, internship and exchange schemes covered by Tier 5 (Government Authorized Exchange) will be limited to 12 months (currently 24 months) if you apply on or after 6 April 2012; the full list of affected schemes is on pages 23 and 24 of the Statement of Intent.

A new visitor route will allow certain people, including examiners, lecturers, lawyers, professional artists, entertainers and sports persons, to come to the UK for a maximum of one month to undertake paid engagements.

You will no longer be able to bring staff (Overseas Domestic Workers in private households) with you to the UK if you come as a student or worker; this route will be restricted to those coming as visitors. Settlement should remain possible under other routes, including long residence. শিক্ষা সংক্রান্ত খবরাখবর নিয়মিত পেতে রেজিস্ট্রেশন করুন অথবা Log In করুন।

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