Working in the UK : Visas and work permits

The points-based system

The schemes that enable non-European Economic Area (EEA) nationals to come to study and work in the UK are consolidated under one points-based system. These schemes are subject to change and you will need to check the current rules when you apply for a job. For up-to-date information see the UK Border Agency (UKBA) - Working in the UK  and UKCISA: UK Council for International Student Affairs - Working in the UK after your studies .

There are five tiers each relating to a different category, e.g. Tier 4 relates to students who wish to study in the UK. For each scheme you will accrue points for different attributes. These include:

• salary;
• sponsorship;
• type of job, e.g. a shortage occupation;
• English language level;
• maintenance/available funds.

Am I eligible for a visa?

The answer to this will depend on which scheme you are applying for to remain in the UK and whether you meet the required number of points. Check this by using the UKBA points-based calculator .

You may also be able to obtain advice from international student advisers at your university. If you wish to seek professional legal advice they may be able to provide you with the name of a reputable specialist or solicitor. You could also check the directory of the Immigration Law Practitioners' Association (ILPA) .

Once you have established your eligibility, take the following steps to give your application the best chance of success:

• Check the documentary evidence for schemes.
• Prepare required documentation in advance.
• Start saving maintenance funds in a separate account.
• Obtain advice on completing the forms from your university's international student advisers, immigration professionals or the UKCISA website.

As schemes change frequently, employers may not be aware of current rules so understanding your eligibility will enable you to discuss this productively with them. You can also direct them to sources of information, e.g. the UK Border Agency (UKBA) Employers and Education Providers  and their sponsorship and employer helpline (0300 123 4699).

Tier 1 (Post-study Work)

This scheme closed to new applicants on 6 April 2012.

Graduates already on this scheme (or its predecessors, the Fresh Talent: Working in Scotland Scheme, the International Graduates Scheme or the Science and Engineering Graduates Scheme) are eligible to switch into sponsored roles under Tier 2 and no longer need to have worked with their employer for six months in order to be exempt from the resident labour market test.

Tier 1 (Graduate Entrepreneur)

From 6 April 2012, the Tier 1 (Graduate Entrepreneur)  scheme permits graduates of a degree course in the UK to remain in the UK to develop ideas or entrepreneurial skills by setting up a business. The applicant must currently be in the UK and must be sponsored by the institution from which they graduated (which must be a Highly Trusted Sponsor (HTS) under Tier 4). Sponsors will be required to maintain processes for identifying and developing entrepreneurs, assessing their progress and reporting to the UK if they cease to participate.

Places are limited to 1,000 per year and 10 per institution. Leave is initially granted to remain in the UK for 12 months, with a possible extension to 24 months if the sponsor confirms progress. At this point, the entrepreneur must switch in to Tier 1 (Entrepreneur) to remain in the UK and be able to demonstrate £50,000 funding (rather than the £200,000 normally required for Tier 1 (Entrepreneur)).

This route is not available to those who previously had leave under Tier 1 (Post-study Work) and entry clearance applications cannot be made under this route.

Tier 1 (Exceptional Talent)

Applications for the Tier 1 (Exceptional Talent)  route must be endorsed by a 'designated competent body' (i.e. the Royal Society, the Arts Council England, the British Academy and the Royal Academy of Engineers). There are only 1,000 visas available each year.

Tier 2 (Sponsored Skilled Worker)

Employers must be a registered sponsor with the UKBA to be eligible to offer positions under the Tier 2 (Sponsored Skilled Worker)  scheme. For a full list see the UKBA Register of Sponsors (Tier 2) .

Both Tier 4 students and graduates with Tier 1 (Post-study Work) status are eligible to switch into this category. Employers are not restricted in terms of the numbers of students they can sponsor from these two categories.

The process has two stages. Firstly, the employer issues the graduate with a Certificate of Sponsorship (CoS). To do this the employer must refer to Codes of Practice for Sponsored Workers  for the job role, prepared by the UKBA. This gives information concerning the following criteria which then need to be satisfied:

• The job must be of graduate level or above.
• The salary must be a minimum of £20,000 or in accordance with the relevant code of practice, whichever is higher.
• The recruitment process may need to include a resident labour market test to show there is no one in the EEA that can do the job. (Exceptions exist, e.g. if the applicant already has Tier 1 (Post-study Work) status or if the applicant will be switching into Tier 2 in the UK from Tier 4).

The graduate then applies to the UKBA for immigration permission under Tier 2, where they must gain 50 points for the following attributes:

Certificate of sponsorship assigned (30 points) if:

• the job has an annual salary of £150,000 or more; or
• the job is on the shortage occupation list; or
• your sponsor has completed a resident labour market test; or
• you are switching from a post-study work category; or
• you are switching from Tier 4 student or another pre-Tier 4 student category; or
• you will be working for the same sponsor in the same job.

A further 20 points are awarded for:

• English language (10 points);
• maintenance (10 points).

The above process only applies for students and graduates who are in the UK. If you are not in the UK a different process will apply and you should check the criteria with the UKBA.

From 14 June 2012, further changes will be introduced to Tier 2:

• Advertising requirements will be relaxed for jobs paying over £70,000 and specified PhD-level jobs.
• The resident labour market test will be modified for PhD-level jobs.
• The minimum skills level will be raised, resulting in the removal of 27 occupations from Tier 2 eligibility, but exceptions will remain for some shortage occupations and some creative occupations.

Tier 5 (Government Authorised Exchange)

From 6 April 2012, the Tier 5 (Government Authorised Exchange)  route is open to applicants switching from Tier 4 (Student) under a Government Authorised Exchange scheme to undertake a period of professional training or work experience. This work must be required to obtain a professional qualification or professional registration in the same professional sector as their qualification, after being awarded their degree and before leaving the UK. This category must not be used to fill job vacancies.

A CoS is required for application under this scheme, issued by a licensed Tier 5 sponsor. For a full list see the UKBA Register of Sponsors (Tier 5) .

Leave will initially be granted for 12 months and can be extended to 24 months. Availability of maintenance funds is a requirement of application.

Other relevant categories

There may be other categories open to some wealthy individuals such as entrepreneurs or investors. For full details consult the UK Border Agency (UKBA)  website.