Working in the UK after your studies

In order to apply under Tier 2 (General), you must meet all the following requirements:

• Your employer must have a Tier 2 sponsor licence
• Your job must have a particular skills level, minimum wage level and have been advertised as required by the UK Border Agency, or be exempt from this advertising requirement (resident labour market test)
• You have to prove that you have English language skills and meet maintenance requirements
• If you want to, or must, apply outside the UK, or if you apply in the UK and you have immigration permission as a Tier 4 partner, your job must score a minimum number of points.
• If you want to make your immigration application in the UK, you must meet certain requirements.

All of these requirements are explained in the Tier 2 policy guidance. It is extremely important that you read the Tier 2 policy guidance before you make your immigration application. If you do not provide the documents specified in the guidance, it is very likely that your application will be refused. If you are not sure whether you meet all the requirements for Tier 2, talk to the employer who has offered you a job and/or an immigration lawyer who specialises in Tier 2 immigration applications.

The Tier 2 policy guidance is at
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general.

An employer who is on the UK Border Agency list of Tier 2 (General) licensed sponsors can issue a certificate of sponsorship to a potential employee who would not otherwise be allowed to work in the UK. If you want to be in the UK under Tier 2, you must be sponsored by an employer who has a Tier 2 sponsor licence. You can find the list of licensed sponsors at
www.ukba.homeoffice.gov.uk/business-sponsors/points/sponsoringmigrants/registerofsponsors

If are not sure about which employers in the UK in your area of work are Tier 2 sponsors, or if you have to apply through recruitment agencies, you should discuss with careers advisers in your university or college or with your professional body (if relevant) how best to ensure that you apply for jobs with employers who have a Tier 2 sponsor licence.

If you are not already in the UK with Tier 2 or work permit immigration permission, the minimum skills level for most occupations is described as National Qualifications Framework (NQF) level 6. The lists of jobs that are at this level and above are in the Immigration Rules Appendix J. The relevant tables are table 1 (occupations skilled to PhD-level) and table 2 (occupations skilled to NQF level 6 and above).

One exception to this requirement applies to you if you have a specified job in one of the creative sector occupations (artists, authors, writers, actors, entertainers, presenters, dancers, choreographers, or product, clothing and related designers), in which case the minimum skills level is NQF level 4. For these particular jobs only, table 3 (occupations skilled to NQF level 4 and above) is relevant.

www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendixj

The other exception that could apply to you is if you have an offer of a job that is on the list of shortage occupations. In this case, the minimum skills level is NQF level 4. The list of shortage occupations is in Appendix K of the Immigration Rules.

www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendixk

The lowest wage you can be paid for a Tier 2 (General) job is £20,300. The minimum wage for each different occupation varies and you will find the relevant wage for your job in the tables we refer to in Skills levels of Tier 2 jobs. In many cases, the minimum wage is more than £20,300, and you cannot be sponsored under Tier 2 if your job will pay less than the minimum wage associated with your occupation.

Sometimes wages below £20,300 are mentioned in the occupations tables. This is because some people who are already in the UK with Tier 2 or work permit immigration permission (leave) can rely on lower wage levels if they need to apply to extend their leave. There is also an exception for nurses and midwives who are working towards registration with the Nursing and Midwifery Council. If these two exceptions do not apply to you, you cannot rely on wages lower than £20,300.

For example, the minimum wage in table 1 (occupations skilled to PhD-level) for Chemical scientists is £20,000 for new entrants. If you meet the definition of new entrant, the lowest wage you can be offered is £20,300. If you do not meet the definition of "new entrant", the minimum wage you can be paid is £26,000 (the "experienced worker" rate).

New entrant

Tier 2 (General) applicants who meet the definition of "new entrant" can rely on the lowest wage for each occupation, subject to a minimum of £20,300.

You meet the definition of "new entrant" if you fall within one of the following categories:

• you are under 26 years old on the date when you make your Tier 2 immigration application
• your Tier 2 sponsor recruited you by carrying out a university milkround (check with your employer if that applies to you)
• you meet the requirements of the post-study work exemption from the 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.

Tier 2 employers can offer a job to some people without having to meet all of the provisions of the resident labour market test. This applies to you if you fall into one of the following categories:

• Your job is on the shortage occupation list for the UK (or for Scotland only if you are going to work in Scotland); or
• Your job is on the list of PhD level jobs; or
• You meet all the requirements of the post-study work exemption; or
• Your salary will be £152,100 or higher
• You will be continuing to work as a doctor or dentist in training, or you will be working as a speciality doctor in training and your wage and training costs will be met by the government of another country.

Shortage occupations are jobs that employers find difficult to fill using settled workers only. If a job is on the shortage occupation list, your employer does not have to carry out the resident labour market test before offering the job to you. 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 does change following recommendations by the Migration Advisory Committee.

The list of shortage occupations is in Appendix K of the Immigration Rules
www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendixk.

Information about the Migration Advisory Committee and its reports are at
www.ukba.homeoffice.gov.uk/aboutus/workingwithus/indbodies/mac.

PhD level jobs are mainly research posts. You 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 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 you employment if you are the best applicant even if settled workers who apply could undertake the work.

The list of these jobs is in table 1 of Appendix J of the Immigration Rules at
www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendixj.

Post-study workers

If you have or were most recently granted 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, your employer is not required to carry out the resident labour market test. However, the job must meet the skills level and the minimum wage level and you must meet the English language requirement and the maintenance requirement. You qualify for the lower new entrant wage and you can apply in the UK.

Students

You are also exempt from the resident labour market test, qualify for the new entrant wage and you can apply in the UK if you meet all of the following requirements:

• you have or were most recently granted 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)
• you have completed at least 12 months of study in the UK towards a UK PhD, or you have completed and passed a UK recognised Bachelor's or Master's degree or a UK Postgraduate Certificate in Education (PGCE) or Professional Graduate Diploma of Education (PGDE) – if you do not have your certificate, you can submit other evidence (academic transcript or reference) that must meet the requirements in the Tier 2 Policy Guidance
• you 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 you obtain your qualification)
• you studied this course during your most recent period of immigration permission (leave) or during a period of continuous leave that includes this most most recent period of leave
• you carried out your study or research for this course when you had immigration permission that did not prevent you from studying or carrying out research in the UK

The requirement that you must have studied your degree, PGCE or PGDE during a period of continous leave that includes your most recent period of immigration permission means that you can rely on a degree, PGCE or PGDE you completed earlier, even if you are now studying for or have obtained a different qualification. If you did not have immigration permission throughout that period, the gaps between your periods of immigration permission must be no more than 28 days.

Although your job is exempt from the resident labour market test, it must meet the skills level and the minimum wage level and you must meet the English language requirement and the maintenance requirement.

You 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.

The maintenance requirement for Tier 2 (General) is that you need to show you have £900 which has been in your account for a period of 90 consecutive days ending no more than 31 days before you make your application. The Tier 2 policy guidance explains in detail the format your financial evidence must take.

You must have held this money 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 this sum for you if necessary in which you case you do not have to provide evidence that you have this money. Check with your employer if this is an option for you.

If you are outside the UK or if you apply in the UK and you have leave as the partner of a Tier 4 migrant, your employer has to ask the UK Border Agency for permission to issue a certificate of sponsorship to you. The only exception is if your job pays £152,100 or more. This request will be considered with requests from other employers on a monthly basis and the total number of certificates of sponsorship which can be issued in any month is limited.

The UK Border Agency decides which employers are granted certificates of sponsorship depending on how many points your application attracts compared with the points of other applications. The maximum number of points is 105 and the minimum number of points is 32. They consist of a combination of points for the type of job (shortage occupation worth 75 points, PhD level job which passes the resident labour market test worth 50 points, or other job which either passes the resident labour market test or is exempt from it worth 30 points), and your wage. The minimum level of wage of £20,300 but for many jobs it is higher than this.

If you are currently sponsored by a government or international scholarship agency or if you have been sponsored by a government or international scholarship agency within the 12-month period before you apply under Tier 2, you must provide a letter from your financial sponsor consenting to this application.

For details of how to apply outside the UK (forms and fees), see the UK Border Agency website at
www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/outsideuk.

You can apply for Tier 2 leave without leaving the UK if you have, or were last granted, immigration permission to be in the UK as one of the following:

• Tier 2
• 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.

You can also make your application in the UK if you have or were most recently granted 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 you have student-related leave and you want to apply under Tier 2 in the UK, you also need to meet all of the requirements for the post-study work exemption from the resident labour market test for students.

If you are currently sponsored by a government or international scholarship agency or if you have been sponsored by a government or international scholarship agency within the 12-month period before you apply under Tier 2, you must provide a letter from your financial sponsor consenting to this application.

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.

If you do not have immigration permission in one of the categories listed above, you will need to leave the UK and apply for entry clearance to come to the UK as a Tier 2 migrant.

If you have successfully completed a degree-level course at a recognised body or an institution in receipt of public funding as a higher education institution (check with your Tier 4 sponsor if it meets one of these requirements), and you apply under Tier 2 before your Tier 4 immigration permission expires, the Immigration Rules allow you to start your Tier 2 job after you have applied for Tier 2 leave, even if the UK Border Agency has not yet decided your application. This allows you to start a full-time permanent job, which is usually not allowed before your Tier 2 leave is granted. This provision came into effect on 6 April 2012 as a result of a change to the Tier 4 work conditions. Strictly speaking, this means that this change benefits you only if you applied for your Tier 4 leave on or after 6 April 2012, but this restriction is not mentioned in the Tier 4 policy guidance. We have asked the UKBA for clarification but have not yet received a response.

Note that you must have completed a degree-level course. If you are applying before you have been awarded a PhD, you cannot rely on this provision unless you have previously completed a degree-level course in the UK.

You should discuss this with your Tier 2 sponsor before starting a full-time permanent job. Even if you could start your Tier 2 job before your immigration permission is granted, your employer might not want you to do this as it could lead to problems if your Tier 2 application is not successful. Your employer will let you know when you can start your job.

If you are not able to start your Tier 2 job until the UK Border Agency grants your Tier 2 immigration permission, and you apply before your previous leave expires, you remain subject to the conditions of your previous leave while you wait for a decision. If you are a student, you should check our information about working during your studies for what this means for you. You cannot start a permanent full-time job or work as a professional sportsperson or entertainer.

Our information about work during your studies is at
www.ukcisa.org.uk/student/working_during.php.

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.

Tier 2 can lead to settlement in the UK after five years of continuous lawful residence. You can combine periods of Tier 2 leave with Tier 1 leave other than TIer 1 (Post-Study Work), and you must still be required for your Tier 2 job. It is also possible to apply for settlement under the long residence rule if you have spent 10 years of continuous lawful residence in the UK with any type of immigration permission.

For full details of how to apply for settlement under Tier 2, see the Tier 2 policy guidance. For information about applying under the long residence rule, see the Modernised guidance for Home Office caseworkers at
www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/other-categories

The following family members can join you or stay with you in the UK:

• spouse or civil partner
• unmarried partner or same sex partner who is not a civil partner
• children aged under 18 if they are outside the UK
• children of any age if they are applying in the UK and they currently have immigration permission as your dependant and are not leading an independent life.

The funds requirement for family members is £600 per person. The money must have been held for 90 days before the date of the application. The policy guidance for Points Based System dependants lists the forms of acceptable evidence of funds.

An A-rated Tier 2 sponsor can certify on your certificate of sponsorship that it will undertake to maintain and accommodate your dependants up to the end of the first month of their leave, if necessary. If your Tier 2 sponsor has stated that it will do this to the value of at least £600 for each family member, your dependants do not need to provide further evidence of funds.

The PBS (Dependant) policy guidance is at:

www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/dependants

The university or college where you are studying for your doctorate must be a Tier 4 sponsor. It must also be a recognised body or a body in receipt of public funding as a higher education institution.

If in doubt, ask your college or university if it meets this requirement.

Tier 4 sponsors
www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/education-provider

Recognised bodies
www.gov.uk/recognised-uk-degrees-recognised-bodies

You must be a doctoral candidate. This means you must be studying for a PhD qualification or for one of the doctorate qualifications listed in Annex 6 of the Tier 4 policy guidance as acceptable postgraduate research qualifications. The research Master's degrees listed in the same annex are not acceptable for the doctorate extension scheme.

You can apply only in the UK under this scheme. According to the Tier 4 policy guidance, you must have current Tier 4 immigration permission in order to be eligible. However, the Home Office student policy team confirmed to us on 8 May 2013 that you can also apply if you have other types of immigration permission that allow you to apply in the UK under Tier 4. This includes student leave granted under the Rules that were in force before Tier 4 was introduced on 31 March 2009.

If your immigration permission does not allow you to apply in the UK under Tier 4, you cannnot apply under this scheme. You might perhaps qualify instead under one of the other schemes described in this Information Sheet.

If you can apply under Tier 4 as a student before you reach the point of applying under the doctorate extension scheme, you might want to consider doing this if it fits your other plans and your university or college is willing to sponsor you under Tier 4. In this way, you will be eligible to apply later under the doctorate extension scheme. You should seek advice about all your options before doing this, as it will not always be in your best interests to change to Tier 4 leave, particularly if your current immigration status can lead to settlement.

If your university or college is happy to support your application under the doctorate extension scheme, it must assign you a Tier 4 confirmation of acceptance for studies (CAS). It cannot assign the CAS until you are within 60 days of the expected end date of your course. It cannot assign you a CAS after it has confirmed that your doctorate has been awarded.

Academic Technology Approval Scheme clearance

The Home Office considers that you must apply for Academic Technology Approval Scheme (ATAS) clearance if the study for your doctorate required ATAS clearance. This is because you have not yet fully completed your study when you apply. However, as you will have completed all research, the application for clearance should be processed quickly. It is important that you state on your application for ATAS clearance that you will be making a Tier 4 application under the doctorate extension scheme and that all your research has been completed. You should provide details of the research you have already completed. You need to obtain ATAS clearance before:

• your current immigration permission expires and
• your doctorate is formally confirmed as awarded and
• the "expected end date" on your CAS, if you have already been assigned a CAS.

You can find more information about ATAS and apply for clearance at:

www.gov.uk/academic-technology-approval-scheme

Expected end date

The "expected end date" is defined in the Immigration Rules as "the date the PhD is expected to be formally confirmed, by the sponsor, as completed to the standard required for the award of a PhD". It is often very difficult to know this date in advance and most Tier 4 sponsors will not be able to set this date until you have had your viva. At this point, it should become clear how much further work and time is required before your doctorate will be awarded.

This definition was not included in the Immigration Rules until 6 April 2013, and in many cases it will be different from the date which was included in your CAS for study for a doctorate. Your Tier 4 sponsor might have originally used an earlier date, for example, the date on which you were expected to submit your thesis or attend your viva. See below for information about what to do if your current immigration permission will expire before the expected end date under this new definition.

When to make your application

You can apply under the doctorate extension scheme after your Tier 4 sponsor has assigned a CAS for this scheme and after you have received Academic Technology Approval Scheme clearance, if you are required to apply for it. You must apply before the expected end date on the CAS. You must also make a valid application before your current immigration permission expires. Remember that you must have held your funds for 28 days or longer before the date of your application so you need to plan ahead and make sure that the level of your funds does not go below the minimum required level at any time during this 28-day period.

It is extremely important that you check that you complete the application fully, provide all relevant information and documents, including the correct fee, attend your biometrics appointment and provide photographs in the specified format. If you fail to meet any of these requirements, your application will be rejected as invalid. If this happens after your current immigratoin permission has expired, you will no longer have current leave. This means you will not be able to apply at all under this scheme.

For detailed information about making a Tier 4 application, seek advice and help from your international student adviser and see our Information Sheet:

Making a Tier 4 (General) application

Your immigration permission expires before your expected end date

If your current immigration permission will expire before your expected end date, you must talk to the international student adviser at your institution as a matter of urgency. You might have to make another Tier 4 student application before you can apply under the doctorate extension scheme. But remember that you cannot make your doctorate extension application after your expected end date has passed, even if you are still waiting for a decision on your Tier 4 student application. You will need help and advice to manage this situation.

If your expected end date is no more than 60 days before the expiry of your leave, your Tier 4 sponsor might be able to assign you a CAS for the doctorate extension scheme so you can apply under this scheme without first having to apply as a Tier 4 student. You need to discuss this with your Tier 4 sponsor as early as possible.

Your actual completion date is later than your expected end date

If, after your CAS has been assigned, you find out that you are likely to receive confirmation of your award later than the expected end date on the CAS, you can still apply under the scheme as long as you do this before the expected end date and before your current Tier 4 leave expires. However, you will not be able to work without restriction until your award is confirmed. Your Tier 4 sponsor is required to report your actual completion date to the Home Office. You will not be able to apply to extend your immigration permission under this scheme, so you will not be able to spend the full 12-month period working without restriction. Depending on the length of delay before your award is confirmed, you might instead consider applying under Tier 4 as a student, and then after that under the doctorate extension scheme. You cannot apply after the expected end date, so you will probably need a new CAS. You should discuss this as early as possible with your Tier 4 sponsor as it might not be willing to assign a new CAS.

You apply under this scheme but your doctorate is not awarded

Your Tier 4 sponsor is required to let the Home Office know when you complete your course. It is also obliged to notify the Home Office if you fail your course, do not complete it or if you are awarded a qualification that is lower than a doctorate.

If you fail your course or do not complete it, or if you are awarded a lower qualification, your application will be refused if you are still awaiting a decision. You might want to consider withdrawing the application first. If you have already been granted immigration permission under the scheme, the Home Office will cut it short (curtail it). You should seek advice as a matter of urgency if you think this will happen to you.

As well as the CAS, you must also provide evidence that you meet the Tier 4 funds requirement. You need to show that you have £2,000 if you are at an institution in inner London or £1,600 if you are elsewhere. Inner London boroughs are listed in the Tier 4 policy guidance.

You must have held the funds at the required level for a period of 28 days before you apply. You can rely on funds held in your name or in the name or your parent(s) or guardian(s). If you have an official financial sponsor that will continue to sponsor you after your studies have finished, you can rely on a letter from them in which they confirm the extent of their sponsorship. Loans are acceptable only if they are government or educational loans. Evidence of your funds must meet exactly the requirements explained in the Tier 4 policy guidance.

If you have been financially supported by a government or international scholarship agency during your studies, or within 12 months of making this application if the sponsorship has now stopped, you must provide the unconditional written consent of your financial sponsor to this application under the doctorate extension scheme. The Tier 4 policy guidance states that this requirement applies to you only if the sponsorship covers all your tuition fees and living costs. This applies to all Tier 4 applications.

For further information about meeting the Tier 4 funds requirement, see our Information Sheet on Making a Tier 4 (General) application.

If your application is successful, you will be granted Tier 4 immigration permission for a period of 12 months from the expected end date on your CAS. When you are granted Tier 4 leave under this scheme and you have received confirmation of your award (this can be before or after your expected end date on the CAS), you can work almost without restriction. The only restrictions are that you cannot work as a doctor or dentist in training, or as a professional sportsperson or sports coach. You are not required to take employment at any particular level. However, if you wish to stay longer in the UK for work, you need to find a Tier 2 employer so that you can apply to extend your stay under that scheme. For more information about the requirements of Tier 2 (General), see Employment (Tier 2).

The Tier 4 policy guidance states that you can also work on a self-employed basis. If you choose to do this and wish to remain in the UK as a self-employed person after your doctorate extension scheme leave expires, you might want to consider applying under Tier 1 (Graduate Entrepreneur) if your Tier 4 sponsor is also an endorsing body under this scheme. Alternatively, you might meet the requirements of Tier 1 (Entrepreneur). For more information about these routes, see our information about Entrepreneurs and other "high value" migrants (Tier 1).

The Immigration Rules provide that if you applied for your Tier 4 student leave on or after 6 April 2013, and you have now applied under the doctorate extension scheme but have not yet received a decision on that application, you can start working without the usual Tier 4 restrictions as soon as your award is confirmed. The Tier 4 policy guidance does not restrict eligibility to those who applied for their Tier 4 student leave on or after 6 April 2013 so it appears to be operating a concession that allows all applicants to start work in this way before they receive a decision, as long as their award has been confirmed.

You are not required to stay in the area of the country where your Tier 4 sponsor is based and you can move anywhere in the UK. However, your Tier 4 sponsor is obliged to contact you on at least two occasions during this 12-month period. This can be a meeting in person or using Skype, telephone contact or by email.

If you will not be able to make an appointment or other contact that your Tier 4 sponsor has arranged with you, it is very important that you contact your Tier 4 sponsor to let them know. If you miss a scheduled contact without providing an explanation, your Tier 4 sponsor is obliged to report this to the Home Office. The Home Office can take action to cut short your immigration permision if you do not comply with this requirement. You should also let your Tier 4 sponsor know if you leave the UK and do not intend to return before your doctorate extension scheme leave expires or if are granted immigration permission under a different category.

You can apply only once under the doctorate extension scheme. If you want to stay in the UK for longer than this, you need to apply under a different route.

You can apply in the UK for employment under Tier 2 or under any of the subcategories of Tier 1. If you are Turkish, you might qualify to stay for employment or self-employment under the European Community Asscociation Agreement with Turkey. Check the details of the category that is relevant to you in order to ensure that you meet all necessary requirements for applying in the UK. If you do not, you can apply for entry clearance from the country in which you usually live.

Tier 4 leave does not on its own lead to settlement in the UK, unless you meet the requirements for settlement under the long residence rule. This requires 10 years of continuous lawful residence in the UK with any type of immigration permission.

Tier 4 leave cannot be combined with periods of work-related immigration permission including Tier 2 and Tier 1 in order to apply for settlement under one of those routes. Therefore, if you are interested in settling in the UK, you should try to apply under a work route that can lead to settlement after five years as soon as you meet the requirements for that scheme.

For information about applying under the long residence rule, see the Modernised guidance for Home Office caseworkers at
www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/other-categories

The following family members can join you or stay with you in the UK:

• spouse or civil partner
• unmarried partner or same sex partner who is not a civil partner
• children aged under 18 if they are outside the UK
• children of any age if they are applying in the UK and they currently have immigration permission as your dependant and are not leading an independent life.

The PBS (Dependant) policy guidance does not mention the doctorate extension scheme. The most relevant information in it is for the family members of Tier 4 (General) students.

The PBS (Dependant) policy guidance implies that you and your family members must apply at the same time as each other. This is because the policy guidance has not been updated to include the doctorate extension scheme. The Immigration Rules explicitly provide that you and your family members can apply separately from each other.

The Immigration Rules and the PBS (Dependant) policy guidance state that your family members must have or have last had immigration permission as a Tier 4 dependant. The Home Office has confirmed that this is an error. If your family members are applying for entry clearance outside the UK, they are not required to have any particular type of immigration permission and need never have been to the UK. If they are applying to stay with you in the UK, they must have dependant immigration permission, but it need not be Tier 4 dependant leave.

The funds requirement for family members is £1,200 each if you are studying in inner London, or £900 each if you are not studying in inner London. This is because you must meet the requirements of having an "established presence" in the UK as you are required to have current Tier 4 leave on the date on which you apply and you will have completed more than six months of your course.

The money must have been held for 28 days before the date of the application. The policy guidance for Points Based System dependants lists the forms of acceptable evidence of funds.

The PBS (Dependant) policy guidance is at:

www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/family

The Graduate Entrepreneur scheme came into force on 6 April 2012. It is aimed at recent graduates, and postdoctoral researchers who have Tier 2 immigration permission, who have "genuine and credible business ideas and entrepreneurial skills" and whose UK college or university is prepared to endorse them under this scheme to help them develop these ideas.

If you are a Tier 2 postdoctoral researcher, the relevant college or university is your employer, which need not be the same institution that awarded your UK degree.

A subcategory of this scheme is aimed at graduates of non-UK institutions who are endorsed by UK Trade and Investment under its Elite Global Graduate Entrepreneur programme. For more information about this, contact UK Trade and Investment.

www.ukti.gov.uk/investintheuk/globalentrepreneursprogramme.html

Each participating university or college is called an endorsing body and can sponsor a maximum of 20 of its graduates. 10 places per institution are reserved for MBA graduates, which means that a maximum of 20 MBA graduates per institution can apply, using an MBA or a General Endorsement. Only 10 graduates who have not studied for an MBA qualification or who are Tier 2 postdoctoral researchers can be endorsed by each body, using a General Endorsement. Some endorsing bodies will have decided that they do not wish to endorse the maximum number of graduates, so you need to check this with your college or university.

There is no requirement that you have studied in the UK, but the university or college that awards your degree must be on the list of endorsing bodies.

The list of endorsing bodies is on the Home Office website at:
www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/graduate-entrepreneur/can-you-apply/letter-endorsement.

If the college or university where you are studying or where you want to study is not on this list, it cannot endorse you as a Graduate Entrepreneur. Institutions are invited every year to join the scheme, so you might want to discuss with yours whether it plans to do this. If it does not and you want to set up a a business in the UK, consider whether you meet the requirements of Tier 1 (Entrepreneur) or of Tier 1 (Investor) instead.

Each endorsing body has its own way of assessing whether it will support your business plan. In many cases, the business department will carry out this task, but check with the department in which you study about how you should prepare your business plan and where and when you should apply for endorsement under this scheme.

An endorsement is valid for three months from the date of issue, so you must make your immigration application before its validity expires. This must be noted on the endorsement.

You must have been awarded a UK recognised degree, but you are not required to have studied this degree in the UK. If you are a Tier 2 postdoctoral researcher, it does not matter when you were awarded this degree. If you are not a Tier 2 postdoctoral researcher, you must have been awarded this degree in the 12-month period before you apply under this scheme.

The Tier 1 (Graduate Entrepreneur) policy guidance states that a UK degree you studied for solely at an overseas campus outside the UK does not count. The Home Office has confirmed to us that this is inccorrect.

You might have studied a different qualification since having been awarded your UK recognised degree or you might have moved to an institution that is not an endorsing body after your degree was awarded. In these cases, there is nothing in the Immigration Rules to prevent your previous college or university from endorsing you under this scheme if you were awarded your degree no more than 12 months before your application. You should check whether that endorsing body is prepared to support you as a Graduate Entrepreneur.

If you are a Tier 2 postdoctoral researcher, your Tier 2 employer must give you an an original document (called an "endorsement") that confirms a number of matters that are explained in the Immigration Rules Appendix A paragraph 70 and in the Tier 1 (Graduate Entrepreneur) policy guidance. If you are not a Tier 2 postdoctoral researcher, the endorsing body that awarded your degree must give you this document.

Your UK degree means that you meet the English language requirement, and your endorsement is the only required evidence of your qualification. You do not need to submit any other documents as evidence of your qualification or that you meet the English language requirement.

If you want to make your immigration application in the UK, and you are not a Tier 2 postdoctoral researcher, you must have, or have last been granted, immigration permission under Tier 4 or under one of the student-related forms of immigration permission (not including Student Union sabbatical officer leave) that preceded the introduction of Tier 4.

You are not required to have carried out all of your study in the UK with one of these forms of immigration permission.

Alternatively, you must have Tier 2 (General) immigration permission and be employed by your endorsing body as a postdoctoral researcher. In this case, you need never have had student immigration permission in the UK, although you must have been awarded a UK degree.

If you are applying for entry clearance from outside the UK, your immigration status during your study and at the point of application is not relevant. You are not required to have studied in the UK at all.

If you have at any time in the past been granted immigration permission under Tier 1 (Post-Study Work), Fresh Talent: Working in Scotland Scheme, International Graduates Scheme or the Science and Engineering Graduates Scheme, you cannot apply under Tier 1 (Graduate Entrepreneur).

If you are sponsored by a government or international scholarship agency, or if you have been sponsored by a government or international scholarship agency within the 12-month period preceding your application, your financial sponsor must confirm in writing that it unconditionally consents to this application.

The funds requirement is that you must have held money in an account that is acceptable to the UK Border Agency for a period of 90 consecutive days. The required sum of money is:

• £1,800 if you apply for entry clearance outside the UK
• £900 if you are apply in the UK.

The closing balance, letter or statement must be dated no more than 31 days before you apply. You can use an account in your name only or a joint account if you are one of the account holders. You cannot use an account in the name of your parent(s) or legal guardian(s).

Full details of the evidence of funds you must submit with your application are in the Tier 1 (Graduate Entrepreneur) policy guidance.

If you apply in the UK, you can work under the terms of your student leave while your application is with the Home Office. If you are no longer studying, this period will be regarded as your holiday so you can work full-time, but you must not be self-employed, work as a doctor or dentist in training, take a permanent job or work as a professional sportsperson or entertainer. When your application is granted, you can start to set up your business.

If you are granted leave, it will be for a period of 12 months. There is the possibility to apply to extend this leave for another 12 months.

You are allowed to set up your business and, in addition to this, you can take employment. The number of hours a week you can work is unrestricted if you apply on or after 6 April 2013. If you applied before 6 April 2013, you must not be employed for more than 20 hours a week. You are not allowed to work as a doctor or dentist in training or as a professional sportsperson (including work as a sports coach).

The Tier 4 work conditions were changed on 13 December 2012. This change means that you can start your business and working on a self-employed basis before the Home Office decides your Tier 1 (Graduate Entrepreneur) application. You must apply before your Tier 4 immigration permission expires. Usually you would not be able to start your business or be self-employed before you are granted Tier 1 (Graduate Entrepreneur) immigration permission. Strictly speaking, this change benefits you only if you applied for your Tier 4 leave on or after 13 December 2012, but this restriction is not mentioned in the Tier 4 policy guidance. We have asked the Home Office for clarification but have not yet received a response.

If you are not sure whether you should start working on your business, you should wait until the Home Office has granted you permission to stay under Tier 1 (Graduate Entrepreneur). This is because you remain subject to your student work conditions until your Tier 1 (Graduate Entrepreneur) leave has been granted and student conditions prohibit self-employment.

Endorsing bodies are required to have contact with you at least once every three months. It is very important that you do not miss a scheduled contact without first seeking your endorsing body's permission. This is because the endorsing body is obliged to report you to the Home Office if you miss a contact without permission, and the Home Office can cut short (curtail) your immigration permission.

It is also important to maintain contact because your endorsing body should support you in developing your business. You will need this support if you want to apply for a further 12 months' immigration permission as a Tier 1 (Graduate Entrepreneur).

If you already have immigration permission under Tier 1 (Gradudate Entrepreneur) and now want to extend your stay here under this category, you can apply for a maximum of 12 months.

The same endorsing body that supported your first application must endorse this application. The endorsement is not required to start the name, level and date of award of your qualification, but it must instead confirm that you have made satisfactory progress with your business.

You can apply in the UK or outside the UK, and there is no limit on the period of time you can spend outside the UK before you apply again. However, your endorsing body might have views on this so check with them first if you intend to be out of the UK for some time before you apply again.

The funds requirement is the same as for your first application so remember to keep the relevant sum in an account for at least 90 days before you make your immigration application.

If you already meet the requirements of Tier 1 (Entrepreneur), you might prefer to apply under that scheme instead of extending your stay under Tier 1 (Graduate Entrepreneur). Unlike Tier 1 (Graduate Entrepreneur), Tier 1 (Entrepreneur) leads to settlement within 10 years.

You can also apply in the UK to change from Tier 1 (Graduate Entrepreneur) to Tier 2 (General) if you would rather be employed and have the offer of a job from a Tier 2 employer.

Tier 1 (Graduate Entrepreneur) does not on its own lead to settlement in the UK. It cannot be combined with periods of Tier 1 (Entrepreneur) leave in order to qualify for settlement under that route. However, you can combine periods of Tier 1 (Graduate Entrepreneur) leave with Tier 2 leave in order to qualify for settlement under Tier 2 (General). It is also possible to apply for settlement under the long residence rule if you have spent 10 years of continuous lawful residence in the UK with any type of immigration permission.

For full details of how to apply for settlement under Tier 2, see the Tier 2 policy guidance. For information about applying under the long residence rule, see the Modernised guidance for Home Office caseworkers at
www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/other-categories

The following family members can join you or stay with you in the UK:

• spouse or civil partner
• unmarried partner or same sex partner who is not a civil partner
• children aged under 18 if they are outside the UK
• children of any age if they are applying in the UK and they currently have immigration permission as your dependant and are not leading an independent life.

The funds requirement for family members is £1,200 per person if you are outside the UK or if you are in the UK but have been in the UK for a period of less than 12 months. If you are in the UK and have been in the UK for 12 months or longer, the funds requirement for family members is £600 per person. The money must have been held for 90 days before the date of the application. The policy guidance for Points Based System dependants lists the forms of acceptable evidence of funds.

The PBS (Dependant) policy guidance is at:

www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/graduate-entrepreneur/dependents

Unlike Tier 1 (Graduate Entrepreneur), Tier 1 (Entrepreneur) requires funds that you must invest in a business in the UK. You do not need a sponsor or an endorsing body.

If you do not qualify under Tier 1 (Graduate Entrepreneur), perhaps because you did not study at a university or college that is an endorsing body or because your business plan was not selected for endorsement, you might want to consider applying instead under Tier 1 (Entrepreneur).

The main requirements of Tier 1 (Entrepreneur) for a person who does not already have immigration permission (leave) under this category are:

• you can demonstrate that you intend and are able to establish, take over or become a director of one or more businesses in the UK within six months of your application under this scheme
• you must register with Her Majesty's Revenue and Customs (HMRC) as self-employed, and/or must register your new business or as director of an existing business within six months of arriving in the UK or having been granted leave under this category in the UK
• you will not take employment except for your own business or busineses
• your English language is at a required level; a UK degree is evidence that you meet this requirement
• you meet a requirement to hold a certain level of funds to support yourself
• you intend to invest a required sum of money in your business or businesses

The sum of money you are required to invest in your business depends on your current immigration permission or where you apply. Acceptable sources of funds are explained in the Tier 1 (Entrepreneur) policy guidance.

Investment sums for entry clearance from outside the UK

If you apply outside the UK, you must have at least £200,000.

Investment sums for applying in the UK with Tier 1 (Graduate Entrepreneur) leave

You must have at least £50,000.

Investment sums for applying in the UK with Tier 4 or pre-Tier 4 student leave

You must have at least £50,000 and your funds must be from one or more of the following sources only:

• one or more registered venture capitalist firms regulated by the Financial Services Authority
• one or more UK Entrepreneurial seed funding competitions which is listed as endorsed on the UK Trade & Investment website
• one or more UK Government Departments, or Devolved Government Departments in Scotland, Wales or Northern Ireland, and made available by the Department(s) for the specific purpose of establishing or expanding a UK business

Investment sums for applying in the UK with Tier 1 (Post-Study Work) leave

You must have at least £50,000 if you meet all of the following requirements:

• You were, on a date falling within the three months immediately prior to the date of application
  1. registered with HM Revenue and Customs as self-employed, or
  2. registered as a new business in which he is a director, or
  3. registered as a director of an existing business
• You are working in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 or above, as stated in the Codes of Practice in Appendix J, and provide the specified evidence in paragraph 41-SD. "Working" in this context means that the core service your business provides to its customers or clients involves the business delivering a service in an occupation at this level. It excludes any work involved in administration, marketing or website functions for the business.

If you have Tier 1 (Post-Study Work) leave but you do not meet all of these additional requirements, you must have at least £200,000.

You can find the Codes of Practice in Appendix J of the Immigration Rules at:
www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendixj

You can find paragraph 41-SD in Appendix A of the Immigration Rules at:
www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendixa

Investment sums for applying in the UK with any other type of immigration permission

You must have at least £200,000 to invest in your business.

The funds requirement is that you must have held money in an account that is acceptable to the UK Border Agency for a period of 90 consecutive days. This is in addition to the sum of money you must invest in a business in the UK. The required sum of money is:

• £3,100 if you apply for entry clearance outside the UK
• £900 if you are apply in the UK.

The closing balance, letter or statement must be dated no more than 31 days before you apply. You can use an account in your name only or a joint account if you are one of the account holders. You cannot use an account in the name of your parent(s) or legal guardian(s).

Full details of the evidence of funds you must submit with your application are in the Tier 1 (Entrepreneur) policy guidance.

Tier 1 (Entrepreneur) can lead to settlement in the UK after five years of continuous lawful residence. It can lead to settlemt after three years if you meet specific criteria, for example, if you have created 10 new full-time jobs or your business has had an income or increased its income by at least £5 million over a three-year period. It is also possible to apply for settlement under the long residence rule if you have spent 10 years of continuous lawful residence in the UK with any type of immigration permission.

For full details of how to apply for settlement under Tier 1 (Entrpreneur), see the Tier 1 (Entrepreneur) policy guidance. For information about applying under the long residence rule, see the Modernised guidance for Home Office caseworkers at
www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/other-categories

The following family members can join you or stay with you in the UK:

• spouse or civil partner
• unmarried partner or same sex partner who is not a civil partner
• children aged under 18 if they are outside the UK
• children of any age if they are applying in the UK and they currently have immigration permission as your dependant and are not leading an independent life.

The funds requirement for family members is £1,800 per person if you are outside the UK or if you are in the UK but have been in the UK for a period of less than 12 months. If you are in the UK and have been in the UK for 12 months or longer, the funds requirement for family members is £600 per person. The money must have been held for 90 days before the date of the application. The policy guidance for Points Based System dependants lists the forms of acceptable evidence of funds.

The PBS (Dependant) policy guidance is at:

www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/entrepreneur/applicationsbydependants

On 27 November 2008, Tier 5 (Youth Mobility Scheme) replaced a number of different schemes, including the Working Holidaymakers scheme for Commonwealth citizens. If you have already spent time in the UK as a Working Holidaymaker, you cannot apply under the Tier 5 (Youth Mobility Scheme). You can apply only once under the Tier 5 (Youth Mobility Scheme).

You cannot switch into this immigration category from within the UK. Instead, you need to leave the UK and apply for entry clearance.

If you are from the Republic of Korea, you need a certificate of sponsorship in order to apply. You obtain this by contacting the Consular Services Division of the Ministry of Foreign Affairs.

If you are from Taiwan, you need to register your interest with the National Youth Commission. Registration is usually open for a short period each year. If the National Youth Commission accepts your registration, it will send you a certificate of sponsorship and details of how to apply for your visa. You can find full details and how to register at:

www.ukba.homeoffice.gov.uk/visas-immigration/working/tier5/youthmobilityscheme/supportingevidence/certificate-sponsorship/

If you are from one of the other eligible countries, you are not required to register your interest and can just apply using your passport as evidence that you are sponsored by your country's government. Places are, however, limited in number and your application will be refused if all the places for a year have already been taken. Check on the UKBA's website for announcements about whether all the places for your counry have been taken. There is no limit for British Overseas Citizens, British Overseas Territories Citizens and British Nationals (Overseas).

To apply under Tier 5 (Youth Mobility), you must be aged between 18 and 30, and you must have £1,800 in your personal bank account on the date on which you apply for entry clearance.

You can take employment and you can study full time or part time in the UK.

You are also allowed to work on a self-employed basis, but some restrictions apply to your self-employment:

• you do not carry out your business from premises you own, other than your home
• the total value of any equipment you use in your business does not exceed £5,000
• you do not employ anyone in your business.

Settlement

This route does not lead to settlement in the UK and time spent under Tier 5 (Youth Mobility) cannot be combined with time under other work categories that do lead to settlement, for example, Tiers 1 and 2.

Settlement under the long residence rule requires 10 years of continuous lawful residence in the UK with any type of immigration permission. For information about applying under the long residence rule, see the Modernised guidance for Home Office caseworkers at
www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/other-categories

Family

You cannot apply under this route if have a child aged under 18 who lives with or for whom you are financially responsible. You have to declare this in your application. You cannot bring any family members with to the UK as dependants.

These schemes allow you to undertake specific types of work in the UK for a period of one year or for two years, depending on the scheme. You must have a Tier 5 sponsor under the scheme of relevance to you. Your Tier 5 sponsor must issue a certificate of sponsorship to you before you can make your immigration application.

You must be able to show that you have held funds of £900 in an account that is acceptable to the UK Border Agency for a period of 90 consecutive days. Alternatively, you do not have to provide any evidence of funds if your Tier 5 sponsor is A-rated and is willing to confirm on your certificate of sponsorship that you will not claim public funds during your stay in the UK with Tier 5 immigration permission.

In most cases, you cannot switch into this immigration category from within the UK. Instead, you need to leave the UK and apply for entry clearance. The only, very limited, exception is for those who apply under Tier 5 (Government Authorised Exchange) in order to undertake professional training.

As an exception to the usual rules for this category, you can make an application to stay in the UK under Tier 5 (Government Authorised Exchange) if you meet all the following requirements:

• you have student leave (Tier 4 (General) leave or leave under one of the student-related categories that preceded the introduction of Tier 4)
• you have obtained a UK recognised degree during your most recent grant of leave
• you are 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
• your employer does not intend to employ you in the UK once your training or work experience for which you are being sponsored has ended.

The only schemes to which this provision currently applies are for pre-registration optometrists and pharmacists. The scheme for pharmacists is very limited and covers only those who graduate with an MPharm qualification between 2012 and 2015 and whose pre-registration training post is not in the National Health Service.

Tier 5 information provided by the College of Optometrists.

Tier 5 information provided by the Royal Pharmaceutical Society.

This route does not lead to settlement in the UK and time spent under Tier 5 (Temporary Worker) cannot be combined with time under other work categories that do lead to settlement, for example, Tiers 1 and 2.

Settlement under the long residence rule requires 10 years of continuous lawful residence in the UK with any type of immigration permission. For information about applying under the long residence rule, see the Modernised guidance for Home Office caseworkers at
www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/other-categories

The following family members can join you or stay with you in the UK:

• spouse or civil partner
• unmarried partner or same sex partner who is not a civil partner
• children aged under 18 if they are outside the UK
• children of any age if they are applying in the UK and they currently have immigration permission as your dependant and are not leading an independent life.

The funds requirement for family members is £600 per person. The money must have been held for 90 days before the date of the application. The policy guidance for Points Based System dependants lists the forms of acceptable evidence of funds.