Recent immigration changes – Tier 4 student route

Claire O’LearySenior International Student Adviser

International Office

Background• Coalition Government pledges to cut net migration by

the end of the Parliament• Student migration route is the biggest route – claim

that student numbers will be cut by 80,000• December – end January 2011 consultation period on

some significant changes to Tier 4• Robust lobbying from the HE sector and NUS has

brought about some better outcomes• Changes to Tiers 1 and 2 announced 16 March 2011• Changes to Tier 4 including Tier 1 Post Study Work

announced 22 March 2011

PREVIOUSLY PROPOSAL ACTUAL CHANGE

No obligation to show academic progression between courses of study in the UK (but no more than 3 years at sub-degree level).

No visa if new course is not at higher level than previous course

Students must show academic progression University can vouch for student if new course ‘complimentary’ (July 2011)

Students graduating with a degree, PGCE or PGDE can apply to stay and work up to 2 years. Do not need a job first.

Abolish the Post Study Work scheme.

Post Study Work stays until April 2012. From 2012, graduates will have four months to find job and switch into Tier 2. No cap. No RLMT.A new sub-route for ‘student entrepreneurs’ is created.

PREVIOUSLY PROPOSAL ACTUAL CHANGE

Only students coming to study at below degree level (NQF 3-5) must take a Secure English Language Test and score B1 (CEFR).

All students regardless of level of study must take a Secure English Language Test (SELT)

For degree-level studies, institutions must assess language at B2 in all four components. Institutions can decide method of assessment and must state how they made their assessment on the CAS. If SELT is used – must state the total and individual component scores and name of test. (21 April 2011)

Exceptions

Gifted students

PREVIOUSLY PROPOSAL ACTUAL CHANGE

Tier 4 visas can be granted for courses at any level, provided the sponsor is a Highly Trusted Sponsor

Raise the level of courses international students can study.

No changes other than for English language courses

English language courses must now be at minimum B2 – no exceptions, eg for pre-sessional courses, government sponsored students.

All Tier 4 sponsors must become Highly Trusted. (21 April 2012)

Single CAS to cover pre-sessional course plus main degree programme

PREVIOUSLY PROPOSAL ACTUAL CHANGE

Students studying at degree-level can work for maximum 20 hrs per week and full-time during vacations periods.

Students only permitted to work on ‘campus’ during the week. Ok to work off campus at other times.

NO CHANGE

Students on courses at any level that are over 6 months’ long can bring dependants.

Only students on courses of more than 12 months may bring dependants.

Only postgraduate students on courses that are at least 12 months long may bring dependants. Exceptions. (July 2011)

Dependants can work without restriction provided they were granted leave minimum 12 months

Remove dependants’ right to work in UK

NO CHANGE

PREVIOUSLY PROPOSAL ACTUAL CHANGE

Work placements/sandwich placements must account for no more than 50% of total course

They must account for no more than 33% of total course

NO CHANGE (for Highly Trusted Sponsors)

Provided the student has a Tier 4 sponsor, no maximum time limit on degree-level studies in UK.

Not mentioned in the consultation process

A maximum of 5 years study at degree-level (NQF 6-7) with exceptions for PhD students and students on professional courses eg medicine, architecture (April 2012)

Students can extend visas from within UK

No visa extensions from within UK – students would have to return home to apply.

NO CHANGE – but new fee and form for students in UK with leave issued before 5 Oct 2009 who wish to switch institutions.

PREVIOUSLY PROPOSAL ACTUAL CHANGE

No difference in visa application process for different nationalities

Streamlined visa applications for nationals of ‘low risk’ countries

Streamlined visa applications for list of 14 nationals and British National Overseas (July 2011)• Antigua and Barbuda;• Australia; The Bahamas;• Barbados; Belize;• Canada; Dominica;• Grenada; Guyana;• Jamaica; New Zealand;• St Kitts and Nevis;• St Lucia;• St Vincent and the Grenadines;• Trinidad and Tobago; and• United States of America.

Changes and their impact• Change: Closure of Post Study Work from April

2012• Impact on: Student Experience, Recruitment,

reputation of Warwick and UK• Not much detail on how switching into Tier 2 will work

yet• No Resident Labour Market Test and no cap• Must have already obtained a graduate-level job offer• The minimum salary must be £20K or the minimum

salary set by UKBA for particular occupations

Communicating the changes

• The IO has communicated the proposals and the actual changes to students via email to all internationals, frequent updates to our ‘latest news’ page, newsletters and by workshops

• IO colleagues overseas working with British Council to clarify the changes

• The Immigration Service web pages have been entirely overhauled for ease of use – you will find a lot of useful information there:

Your questions – page 1/5DEPENDANTS

1. Do I or my husband need to return home to apply for an extension of our leave to remain? No, you can both apply for an extension from within the UK provided you, the student, are still studying.

2. Can my dependant still work in the UK? Any changes to dependants’ working permission?Yes, there was no change to the working permission of dependants. From July 2011, only the dependants of postgraduate students on courses of at least 12 months will be able to obtain entry clearance. (We are seeking confirmation that this change won’t affect any dependants of UG students currently in UK).

Can an unmarried partner apply for a Tier 4 dependant visa? • Certain members of your family can apply to be in the UK as your ‘dependants’. The rules

are different, depending on whether you were granted your student immigration permission: • under ‘Tier 4’ of the Points Based System (which came into existence on 31 March 2009)

and you applied for your immigration permission on or after 3 March 2010; orunder ‘Tier 4’ of the Points Based System and you applied for your immigration permission before 3 March 2010; orunder the ‘old’ immigration system that was changed, for students, on 31 March 2009

• For full details on applying for a dependant visa for your unmarried partner, including advice on financial evidence see: http://www.ukcisa.org.uk/student/info_sheets/your_family.php

If so, what kind of documentation is needed to prove that the couple are in a relation akin to marriage? Useful advice on this issue is given on the following website:

http://www.uklgig.org.uk/uprule.htm#How do I prove that I have been living together in a relationship for two years?

Your questions page 2 of 5

Your questions page 3 of 7• I am a current MSc student, am I entitled to apply for

PSW and stay for 2 more years?Yes, PSW stays exactly the same until April 2012, so provided your degree is conferred and you apply for PSW before April 2012 (and you can submit the right financial evidence and other documentation), you will be granted permission to live and work in the UK for a maximum of 2 years.

• What are the requirements for PSW? Full details are at: http://www2.warwick.ac.uk/services/international/immigration/employment/after/

Your questions page 4 of 7• Once PSW is removed, can I stay in the UK provided I get a job before

my Tier 4 visa expires? Who would be my visa sponsor and what salary must I be earning?Yes, provided you obtain a graduate-level job from a company that is willing to sponsor you, you will be able to switch from being permitted to stay in UK under Tier 4 (student) to Tier 2 (skilled employees with a job offer). Your company would be your Tier 2 sponsor.

Your minimum salary must be £20K or higher according to the salary set out in the UKBA Code of Practice for various occupations: www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/employingmigrants/codesofpractice/

Your questions page 5 of 7• Do employers have to apply the Resident Labour Market Test to

graduates applying for PSW?No, not if you are switching from Tier 4 to Tier 2 before your Tier 4 visa expires.

• What does the RLMT consist of? If there is an appointable (not necessarily the best) candidate from the UK or European Economic Area (EEA), the job must be offered to them, rather than to someone from outside the EEA.

• Does PSW give you entry clearance for 2 years? Yes

Your questions page 6 of 7• As a foreigner with a PSW visa, can I go to other countries and re-enter UK

without any problem during this 2 year period? Yes, it is a multiple-entry visa so you can come in and out of UK until the visa expiry date. You may need to apply for entry clearance in order to enter other countries. Each time you enter the UK, you must be intending to work or look for work – that must be your primary intention for returning the UK on a PSW visa. Also, you should always bring with you evidence of your finances eg bank statements whenever you are re-entering UK.

• I am an MSc + PhD student. Will I be able to make a smooth transition on to the PhD? Can I get a CAS before I have completed the MSc?

• This depends on the entry requirements for the PhD, whether or not your admission to the course is dependant on you passing the MSc. If it is then we would need to wait until your degree had been conferred by Senate.

Your questions page 7 of 7• Would a postdoctoral fellowship meet the requirements for switching into Tier 2

from Tier 4, if the minimum salary was £20K or more? Would it be possible to do a combination of teaching and a fellowship like Warwick’s IAS under Tier 2?

• The International Office put this question to Warwick’s HR department today and they confirmed that provided the fellowship is a full-time position with a minimum salary of £20K , you could be issued a Tier 2 Certificate of Sponsorship. Furthermore, they confirmed that the minimum salary for the Warwick IAS would be at least £20K to enable international graduates to qualify.

• Do you have to have completed your degree in order to switch into Tier 2? Under the current rules, you do not need to have completed your degree in order to apply for permission to stay under Tier 2. However, you do need to make sure you have obtained the minimum score in all of the criteria: http://www.ind.homeoffice.gov.uk/sitecontent/applicationforms/pbs/tier2-guidance.pdf It is likely that the Tier 2 rules may change from April 2012.

Further advice on Tier 4 changes

• www.go/immigration (University of Warwick Immigration Service)

• www.ukcisa.org.uk (UK Council for International Student Affairs)

• www.ukba.homeoffice.gov.uk• http://www.ukba.homeoffice.gov.uk/