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Working in the UK after your studies

General

What's the latest news about working after study in the UK?

9 April 2013

The new Tier 4 doctorate extension scheme came into force on 6 April. The Tier 1 (Graduate Entrepreneur) scheme has also been expanded to cover more recent graduates and to allow you to apply from outside the UK.

There have also been some changes to Tier 2, including the introduction of a "new entrant" wage for those who are aged 25 or under or who have studied in the UK.

For details of the doctorate extension scheme and changes to the existing categories, see our Information Sheet:

Working in the UK after your studies

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:

  • Sabbatical officer posts in your Students' Union or with the National Union of Students under Tier 4.

Employment

  • 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, although there are some special arrangements for students that mean you do not always have to meet these requirements. Tier 2 replaced work permits and some other work routes from 27 November 2008. Please note that UKCISA cannot provide detailed information about Tier 2 and how to apply under it. If you have a prospective employer, you should ask them. If they cannot help, you should seek legal advice.
  • Tier 5 for a stay of up to 2 years in the UK for work. There are many different schemes within Tier 5, so you need to check if you meet all the requirements of one or more of them. In most cases, you cannot make a Tier 5 application in the UK if you have Tier 4 immigration permission, so you will have to return to the country where you usually live and make an entry clearance application there. However, it is possible for students to apply in the UK under Tier 5 (Government Authorised Exchange) if you need to stay for training in order to qualify in your profession after your studies here. If this is of relevance to you, you should check with your professional body if it is or intends to become a Tier 5 sponsor.
  • Tier 4 if you have almost, but not yet, completed a doctorate in the UK and you can apply in the UK for a 12-month period of Tier 4 leave.

Self-employment

  • Tier 1 for investors, entrepreneurs, including recent graduates from selected UK institutions, and those who are internationally recognised or likely to become world leaders in the arts, humanities, science or engineering.
  • Tier 4 if you have almost, but not yet, completed a doctorate in the UK and you can apply in the UK for a 12-month period of Tier 4 leave.

Working in the UK after your studies

Can I work full-time when I have completed my study?

If you have permission to work, you can work full-time when you have completed your course if this is a holiday period for you. The date on which you finish your studies is decided by your college or university. It is often the end of term or semester, even if you complete your exams or coursework before that date. You should not work full time before then.

Remember that you must still comply with the student restrictions. This means that you must not:

  • be self-employed or work as a professional sportsperson or entertainer
  • take a permanent full-time job.

The only exceptions to this are if you are waiting for a decision on a Tier 1 (Graduate Entrepreneur) application or on a Tier 2 application. For details, see Can I work while I wait for a decision on my Tier 1 (Graduate Entrepreneur) or Tier 2 application?

If you want or if your employer requires confirmation that you can work full-time in your holidays when you have completed your studies, see page 53 of the UK Border Agency's guidance for employers:

Comprehensive Guidance for Employers on Preventing Illegal Working.

 

How can I gain the work experience I need to qualify in my profession?

After having studied certain subjects in the UK, you might still need to obtain relevant work experience in order to qualify in your chosen profession. This applies, for example, to medical professionals, some allied health professionals, architects and lawyers.

Doctors and dentists are covered by Tier 4. The Foundation Programme Office is the Tier 4 sponsor for postgraduate doctors. The Yorkshire and Humber Strategic Health Authority is the Tier 4 sponsor for postgraduate dentists.

In all other cases, you might have more than one option. For example, usually you would check whether you can meet the requirements of Tier 2. Depending on your nationality, you might meet the requirements of a different scheme, for example, Tier 5 (Youth Mobility) or UK ancestry, although you cannot apply under them in the UK. The schemes covered by Tier 5 (Government Authorised Exchange) are regularly updated, so always check whether this might be a possible route for you, even if this is not mentioned in our information. If you are in the UK as a dependant, you might be able to work without restriction, and you can take employment if you have leave as a Tier 1 (Investor). Some course providers might make it possible for you to carry out this work element as part of your studies with Tier 4 student leave, and you should ask if this is possible.

Pharmacists are covered by Tier 2. However, if you graduate with an MPharm qualification between 2012 and 2015 and your pre-registration training post is not in the National Health Service, the Royal Pharmaceutical Society might sponsor you under Tier 5 (Government Authorised Exchange). This means you will not have to meet the minimum wage requirement of Tier 2. For details, contact your school of pharmacy and see information provided by the Royal Pharmaceutical Society.

Optometrists who do not meet the requirements of Tier 2 have the option of applying under Tier 5 (Government Authorised Exchange) as the College of Optometrists is a Tier 5 sponsor. For full details, see information provided by the College of Optometrists.

Lawyers should usually apply under Tier 2. However, pupil barristers might be eligible to apply under Tier 5 (Government Authorised Exchange) as the Bar Council is a Tier 5 sponsor. This is not an option for trainee solicitors.

Architects need to meet the requirements of Tier 2, unless their personal circumstances mean they can apply under a different route, for example, Tier 5 (Youth Mobility) or UK ancestry. Your course provider should be able to explain whether you can undertake work between Parts 1 and 2 of your course with Tier 4 leave.

Information about Tier 2 (General), Tier 5 (Government Authorised Exchange) and other work schemes, and who can apply in the UK is in our Infomation Sheet:
Working in the UK after your studies

 

Employers often say in job adverts that the successful candidate must have permission to work in the UK. Am I wasting my time if I apply?

No, and you might have misunderstood the requirement. The employer is unlikely to be saying that you need existing work permission in order to apply for or be interviewed for the job. Such a requirement could be unlawful, following the Employment Appeal Tribunal case of Osborne Clarke Services v Purohit.

The employer is probably correctly saying that you need to have permission to work in order to start the job. For those with current Tier 4 leave, or those coming to the end of Tier 1 (Post-Study Work) leave, this would usually mean being sponsored by the employer under Tier 2.

If you need Tier 2 immigration permision in order to stay in the UK for work, you should check before applying whether the employer has a Tier 2 sponsor licence:
Register of Tier 2 and Tier 5 employers

The application form asks if I have a work permit. What do I say?

The employer appears to have their terminology confused. A "work permit" is an old immigration category that was replaced by Tier 2. And in any case, the employer would still have issued you with a new "work permit" once you were offered the job because, as with Tier 2, a "work permit" could not be transferred between employers. It is likely that the employer is using the phrase "work permit" loosely (and inaccurately), and is simply asking if you have (or need) permission to work in the UK. Whatever they mean by "work permit", they should not be using the question to "screen out" candidates, since this is not lawful. If you are not clear how to answer such a question, check with the employer direct what they are actually asking.

What is Tier 1 (Graduate Entrepreneur)?

This is an immigration category that came into force on 6 April 2012. The list of education providers participating in the scheme is available at www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/graduate-entrepreneur/can-you-apply/letter-endorsement/.

Tier 1 (Graduate Entrepreneur) is aimed at students who have completed a UK degree course 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 1900 places (maximum 20 per participating institution). From 6 April 2013, 10 places per institution are reserved for MBA graduates.

For details of the Tier 1 (Graduate Entrepreneur) scheme, including changes of 6 April 2013, see our Information Sheet:

Working in the UK after your studies

Can I work while I wait for a decision on my Tier 1 (Graduate Entrepreneur) or Tier 2 application?

If you applied under Tier 1 (Graduate Entrepreneur) before your immigration permission to be in the UK as a student expired, you can work full-time while you wait for the decision on your Tier 1 (Graduate Entrepreneur) 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. This relates to Tier 1 (Post-Study Work), but the principle is the same for other categories.

As an exception to the general rule, you might be able to start your Graduate Entrepreneur business before the UK Border Agency makes a decision on your application. See above for details.

If you have applied to stay under Tier 2, it can be possible to start the Tier 2 job for which your employer has assigned a Certificate of Sponsorship before the UK Border Agency has decided your Tier 2 immigration application, even if it is a permanent full-time job.

The Tier 4 work conditions were changed on 6 April 2012 to allow this if you have successfully completed a course at degree level and you apply under Tier 2 before your Tier 4 leave expires. 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. You should discuss this with your Tier 2 sponsor before starting a full-time permanent job.

What is Tier 1 (Exceptional Talent)?

This is a work route that came into force on 9 August 2011. It is aimed at individuals who have already achieved international recognition in their field or who have the potential to be world leaders in their area of expertise. Four designated UK "competent bodies" decide whether this applies to you. The relevant areas of work are: the arts; engineering; natural and medical sciences; social sciences and the humanities. If you qualify, you must make your immigration application outside the UK.

UK Border Agency policy guidance and eligibility criteria

How can I find postdoctoral research work?

You can use websites, including www.jobs.ac.uk and The Times Higher Education.

The British Council also manages a service that can help you find work in the UK as a postdoctoral or other researcher. It provides contact points at several universities in England and Scotland, as well as information about current vacancies and funding opportunities. It is part of a larger scheme, the European Commission's EURAXESS services network, which you can use to obtain help in finding a research post in many other European countries.

EURAXESS research opportunities in the UK

EURAXESS research opportunities in other European countries

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 (Graduate Entrepreneur) or Tier 2. If your family members are currently in the UK with immigration permission as your 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. 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.

Tier 2

What changed in April 2013?

On 6 April, the Government introduced new wages for Tier 2 jobs. The minimum wage increased from £20,000 to £20,300. There is now a "new entrants" wage that applies to you if are a graduate and you switch from Tier 4 into Tier 2 under the post-study work provisions of Tier 2, or if you are recruited through a university "milkround" or if you are under 26 years old. The Tier 2 post-study work provisions are described in detail in our Information Sheet.

These changes affect you if a Tier 2 employer assigns you a certificate of sponsorship on or after 6 April. They do not affect you if your certificate of sponsorship was assigned before 6 April, even if you apply for Tier 2 immigration permission on or after that date.

What are the Tier 2 wage requirements?

From 6 April 2013, the minimum wage to qualify under Tier 2 is £20,300. This means that you cannot apply if the job pays less than £20,300, but it does not mean that you can always apply if the job pays £20,300. Before 6 April 2013, this minimum wage was £20,000. The employer must have a Tier 2 sponsor licence and the job must be a graduate job, as defined by the Home Office. You must also be paid a minimum wage that depends on the type and level of work. An employer cannot offer you a job under Tier 2 unless all of these requirements are met.

From 6 April 2013, there are two levels of wage for many jobs, although some have more than two levels. Generally, there is a lower "new entrant" wage and a higher "experienced worker" wage. The "new entrant wage" applies to you if you are a graduate and you switch from Tier 4 into Tier 2 under the post-study work provisions of Tier 2, or if you are recruited through a university "milkround" or if you are under 26 years old.

These are some examples of the minimum wages for Tier 2:

  • Mechanical engineers (new entrant): £24,100
  • Chemical, electrical and electronics engineers (new entrant): £23,600
  • Civil engineers (new entrant): £20,700
  • Pharmacists and other professions allied to health (Band 5 and equivalent): £21,176
  • Pre-registration pharmacists who do not work for the NHS: £20,300
  • Accountants (new entrant): £20,300
  • Architects Part 1: £20,300; Part 2: £22,000; Part 3: £26,000
  • University lecturers (new entrant): £23,800
  • Qualified primary and secondary school teachers: £21,438
  • Solicitors, including trainees (new entrant): £23,000
  • Programmers and software developers (new entrant): £24,000

These are just some examples, and you can find out more from the Home Office website and from employers and careers advisers.

The full list of Tier 2 occupations and their associated wage levels is contained in the Immigration Rules, Appendix J.

The relevant tables if you do not already have Tier 2 immigration permission are Table 1 (Occupations skilled to PhD-level) and Table 2 (Occupations skilled to NQF level 6 and above (SCQF level 9 and above).

 

Where does it say that applicants outside the UK must satisfy the resident labour market test (RLMT)?

This information is not in the guidance for Tier 2 applicants, but it is in the guidance for Tier 2 employers. The same applies to information about restricted certificates of sponsorship (CoS) that are required for applicants who apply for leave outside the UK. This is because employers, and not applicants, have to prove that they meet these requirements.

Policy guidance for Tier 2 and Tier 5 sponsors

Employers say they cannot sponsor me to switch from Tier 4 to Tier 2 in the UK because of the RLMT and/or because CoS numbers are restricted. Is this true?

Probably not. Some employers might not understand that anyone with current Tier 1 (Post-Study Work) leave and many people with Tier 4 leave who wish to switch to Tier 2 do not need to satisfy the resident labour market test (RLMT) and that Certificates of Sponsorship (CoS) are not restricted. You could refer them to the Policy guidance for Tier 2 and Tier 5 sponsors for information about the exceptions. An employer might have imposed a limit on the number of Certificates of Sponsorship they will issue, but this is their internal policy, not a UK Border Agency requirement.

Although you might not have to satisfy the RLMT, and CoSs are not restricted, you will not automatically be assigned a Tier 2 CoS if you are offered a full-time job. This is because you can only be sponsored under Tier 2 for a job that meets the requirements and minimum levels of salary and skill laid out in the Immigration Rules.

Find out more about Tier 2 in our Information Sheet:
Working in the UK after your studies

     

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