Post Study Work Visa......What Next?

Post Study Work Visa....What Next ? There are only very few options left for the PSW Visa holders. Fahmida Khan, Consultant Editor, http://www.ukeducationforall.com/ reports,

Overview

The Tier 1 – Post Study Work route was intended to allow recent international or Non EU graduates from most established universities / listed bodies to stay and work in UK for maximum for two years. PSW visa allows them to work without any restrictions but it cannot be extended beyond two years. A post-study worker is expected to switch into any of the below points-based system:

• Tier 1 General
• Tier 2 General or
• Tier 4

Current Situation

As of April 2011 the Tier 1 General category has been closed for all applicants.

Switching into Tier 4 category has many shortcomings as the new rules in place for Tier 4 candidates means that the work is restricted and also this means the candidates would not qualify for reduced maintenance as well.

This leaves the option of Tier 2 General category. After the closure of Tier 1 General which was the most popular option for PSW holders, the UKBA has encouraged switching into the Tier 2 General.

Under the Tier 2 General route, Non EU Nationals can gain entry into UK to fill a vacancy that cannot be filled by a settled worker. The main requirement is to have a Tier 2 licensed sponsor or institution. The sponsor would have to assign a certificate of sponsorship, well known as a CoS.  A CoS is a unique reference number, which holds information about the candidates’ job and their personal details.

As with all PBS routes, Tier 2 also requires candidates to score 50 points based on Sponsorship (CoS), Maintenance and English Language.

Switching from a post-study category

According to the current regulations 30 points can be scored for CoS if switching from:

• Tier 1 (Post-study work)
• Have worked for the current sponsor for a continuous period of at least 6 months immediately before the date of application. AND
• Applying to continue to work in the same job AND
• if applying from inside the United Kingdom

 10 Points for maintenance can be automatically gained if switching from a post-study category as well.

Actual Situation - the plight of PSW holders in real life...

Annual Limit

The government has announced an annual limit for employers to bring foreign nationals into UK. Tier 2 - General route will be limited to 20,700 people to work in skilled professions. Also a new Tier 1 Exceptional Talent route has been opened up with a further 1,000 visas to attract the brightest and the best prospects into UK.

This annual limit ONLY applies to CoS for new migrants earning under £150,000 per annum coming to start work in the UK from overseas. These are called ‘restricted’ jobs, for which a ‘restricted’ CoS is required.

The following are the ONLY exemptions from the limit and are called ‘unrestricted’ jobs.  All other Tier 2 - General CoS will count towards the annual limit of 20,700 per annum.

An ‘unrestricted’ CoS is required for the following categories:

• New foreign workers or migrants coming from overseas with an annual salary of 150,000 or more.
• Extending leave for an existing migrant worker who is already in the UK working and has existing leave under Tier 2 - General or as a Work Permit holder (granted on or before 5 April 2011).
• Change of Employment in cases where a migrant is already as a Tier 2 - General migrant or as a Work Permit holder and intends to switch jobs and start work for a new licensed sponsor.
• Switching Immigration category – CoS required for a migrant who is already in the UK under another immigration category e.g. PSW and is eligible to switch into Tier 2 - General.

Cons...

Tier1 Post Study Work route is planned to be closed in April 2012

The sudden closure of Tier 1 general route has proved to be a great set back for the PSW holders who were the most potential candidates for this route.

With the UKBA imposing new and tougher rules, many employers are forced on their back foot and are thinking twice about employing migrants with Tier 2/5 visas. Hence it has been extremely difficult for PSW holders to find potential Tier 2 license employers.

According the new regulations students who complete their degree/postgraduate qualifications are allowed to switch to Tier 2 General within four months of their course completion. Well this may sound as an immense favour for the students especially with the closure of PSW route in April 2012, the practicality of this issue is a very different picture. There is also a limitation in which sectors could employ Tier 2 holders, e.g. retail industry is not in the approved list. When employers are thinking twice to employ or continue employing the PSW holders, how practical would it be for them to employ fresh graduates?

All this may look very encouraging for the future graduates but the implementation in reality still remains a grey area....

The latest consultation set out by the government to break the link between temporary and permanent migration adds more salt to the wound. Of the many proposals set out the key points include:

·         Consider the Tier 2 category as temporary route hence restricting the automatic right for settlement.

·         Provide automatic settlement for certain categories of Tier 2 migrant, such as those earning over £150,000 or occupations of a specific economic or social value to the UK

·         Create a new route or visa category for the most exceptional Tier 2 migrants, to be able to switch after 3 years in the UK and apply for settlement later on.

The final outcome of this consultation will be announced very soon by the UKBA. It is anticipated that this move will further discourage employers seeking for Tier 2 holders as this would only be a route to fill temporary jobs.

In a nutshell

There are very few options left for the PSW holders. They could choose to changeover to any of the below options.

•  Tier 2 General – Most promising in terms if satisfying the requirements and scoring points but finding employers to sponsor them by far remains a great challenge.
• Tier 4 – Most challenging due to No/ restricted work and the requirement to show full maintenance.
• Return back home – Unfortunately seems to be the only way out for many PSW holders who are currently struggling to make sense out of the rapid developments occurring around them ...

On a final note they need to be smart and sensible and try to weigh out the pros and cons in making an appropriate decision.


Try the very best and leave the rest to the Most Sovereign, whatever you have been destined for will definitely be yours for the taking!!!!

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