Working in the UK after your studies

• What's changing on 31 March 2009?
• Can I stay in the UK to work after I have finished studying?
• Can I work while I wait for a decision on my Tier 1 (Post-Study Work) application?
• I haven't got my results yet. Can I apply to stay under Tier 1 (Post-Study Work)?
• I have already been in the UK on a post study work scheme. Does this mean I can't apply under Tier 1 (Post-Study Work)?
• Can I include my family members in my work application?
• Will my time under Tier 1 (Post-Study Work) count towards the 10 years for settlement?

What's changing on 31 March 2009?

The eligibility rules for Tier 1 (Post-Study Work) will change:

• you will be able to apply only if you already have immigration permission under the International Graduates Scheme and you want to extend for an extra year, or if you have obtained one of the following qualifications in the UK:
  • UK degree
  • Postgraduate Certificate in Education (PGCE) or Professional Graduate Diploma in Education (PGDE)
  • HND, but only if you studied in Scotland.
• if you currently have student or dependant immigration permission, and you have been granted post-study work permission (IGS, SEGS or Fresh Talent) in the past, you will not be able to apply for Tier 1 (Post-Study Work).

The rules for Tier 1 (General) will also change. If you are making your first Tier 1 (General) application, you will be awarded no points for a Bachelor's degree and no points for previous earnings of under £20,000.

Immigration fees for work and other applications increase on 6 April 2009.

Can I stay in the UK to work after I have finished studying?

This depends on whether you meet the requirements for any of the schemes that the UK Government operates.

At the moment, the schemes that are most significant for students who have finished their studies are:

• Tier 1 (Post-Study Work) for those who have obtained a UK degree, a Postgraduate Certificate in Education or a Professional Graduate Diploma in Education (or an HND from a Scottish institution). This replaced the International Graduates Scheme (IGS) and the Fresh Talent: Working in Scotland Scheme from 30 June 2008. If you have already been granted one year's immigration permission under the IGS (or under Fresh Talent, though this is unusual), you can apply for an extra year under Tier 1 (Post-Study Work), and it does not matter what type of qualification you have, as long as you have immigration permission under IGS or Fresh Talent.
• Tier 2 for jobs where no one in the resident labour market can be recruited, and occupations where there is a shortage of qualified workers. This replaced work permits and some other work routes from 27 November 2008
• Tier 1 (General) for those with degrees and work experience and prior earnings at a certain level. This replaced the Highly Skilled Migrants Programme

Working in the UK after your studies

Can I work while I wait for a decision on my Tier 1 (Post-Study Work) application?

If you have applied under Tier 1 (Post-Study Work) before your immigration permission to be in the UK as a student expires, you can work full-time while you wait for the decision on your Tier 1 (Post-Study Work) application. You can carry on working full-time even after your student permission expires, if you are still waiting for the decision at that stage. But you must not:

• engage in business, self-employment or provide services as a professional sportsperson or entertainer
• pursue a career by filling a permanent full-time vacancy

Letter from the Home Office explaining the position.

I haven't got my results yet. Can I apply to stay under Tier 1 (Post-Study Work)?

No. The Immigration Rules for Tier 1 (Post-Study Work) Migrants say that you must have been awarded a relevant qualification. If you do not yet have your results, you cannot prove that you meet this requirement and the Home Office will refuse your immigration application. If your student immigration permission expires before you get your results, you will have to leave the UK and apply for entry clearance in the country where you usually live to enter under Tier 1 (Post-Study Work). This means that you will have to meet the higher maintenance (funds) requirement.

I have already been in the UK on a post study work scheme but now I'm a student again. Does this mean I can't apply under Tier 1 (Post-Study Work)?

That's correct. If you have student immigration permission now and you have had immigration permission under Tier 1 (Post-Study Work), the International Graduates Scheme, the Science and Engineering Graduates Scheme or the Fresh Talent: Working in Scotland Scheme at any time in the past, you are not eligible to apply for Tier 1 (Post-Study Work), even if you meet all the other requirements. This change came into effect on 31 March 2009.

Can I include my family members in my work application?

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), Tier 1 (General) or as a work permit holder. If your family members are currently in the UK with immigration permission as student dependants, 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. From 27 November 2008, children who are 18 or older can apply to stay with you as long as they already have permission to be here as your dependant.

Will my time under Tier 1 (Post-Study Work) count towards the 10 years for settlement?

If you stay lawfully and continuously in the UK for 10 years and you meet a number of other requirements, you might be able to apply for settlement (indefinite leave). This includes time spent in categories which do not usually lead to settlement, for example, periods of immigration permission as a student, International Graduates Scheme or Fresh Talent participant or as a Tier 1 (Post-Study Work) Migrant. This can be a complicated route to settlement and you should find out more from the UK Border Agency website and perhaps seek legal advice before applying. UKCISA cannot provide detailed information about this provision.

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