HSMP Highly Skilled Migrants

Skills Shortage List

Work Permit

SEGS-Science & Engineering

For Innovators

Like any other law, the Immigration laws have also evolved through passage of time. Lots of new immigration categories being introduced, existing rules being revised, certain concessions being developed to make a permanent Home Office policy; were some of the various steps taken by the IND in order to meet the fast changing UK immigration requirements. Now a proposal has been launched to bring an overhauling change in the existing immigration system and put all the current immigration categories into a new five-tier system.

Any system introduced for the first time has some effects and impacts on the society that may have very beneficial or devastating outcomes. The new immigration system is under construction at the moment but the proposals set out in the new rules, is reflective of the mixed intentions of the IND.

The popular categories like HSMP, Work Permits, Student visa and other short / long-term immigration categories would be sewed together to make a single immigration system. Although there won't be any major changes in the requirements of acquiring these immigration statuses but the rules that govern these immigration categories would be thoroughly revised. The intention is to make a comprehensive and concise set of rules to cater for the current and future needs of the society. More attention would be given to have enough room within the new system to enable it assimilate new rules and immigration categories. The idea has been taken from the success of the similar systems in Australia and Canada who have benefited from their immigration system to a greater extent.

Currently some immigration categories like HSMP, Work Permits, are being done on a two stage system; an approval letter need to be obtained prior to the making of a visa application or leave to remain application. But under the new rules it would become a one-stage system that would make the new system more simple and understandable. This will reduce the time period of such applications and would be more responsive to the needs of the society.

Under the new system the students, visitors, HSMP applicants, Work permit seekers and persons coming to the UK for all other short / long-term categories would have to score specific points under the new point scoring system. The requirements would be quite similar to the existing ones and fulfillment of the requirements would give the applicant certain number of points. A person who acquires the required number of score means that he has fulfilled all the requirements of the specific category and qualifies to enter the UK under the specific immigration status.

One of the major changes that are proposed to bring forward is to extend the time frame of eligibility of indefinite leave to remain from four to five years. The intention is to make rules strict and hard for those who intend to settle down permanently which might not have very good results. Indefinite stay has the effect of removing all the restrictions of movement, of working and of utilizing all the possible opportunities available for an individual. An indefinite stay gives a person freedom to start his own business (if not previously allowed to), seek employment (if not previously allowed to), and let him progress in his professional career in his own way.

The new Five-tier system has not yet taken its final form as a consultation has been lodged and a large response is expected from the interested parties and other stakeholders. The IND has always come up with a robust and effective response to the current and future needs of the UK immigration rules and policy. This time as well, high expectations are being attached to the new immigration system, which is yet to take its final shape and be enforced.
 

Here are brief notes that explains some of the schemes that are likely to be of particular relevance to students at the end of their studies. The schemes change frequently. Remember that these Notes do not provide a list of all schemes that are available. If you would like to work in the UK and do not see information of relevance to you, please check the Home Office website, Working in the UK.

If after reading these notes and you are still unsure if you qualify for any of the schemes, please visit the EOL office in London for Free Advice.

Remember that if you want to stay in the UK under one of these schemes, you must make your application before your current permission to be in the UK runs out.
 

TOP

Students:

1. Pre Requisites

In order to apply for a student visa, one has to take an admission in a diploma / degree / post graduation course in a recognized college or University of the UK who provides all the relevant documents to support student visa application.

2. Who Can Qualify?

Any person can apply for a student visa who has got an unconditional offer of a place in a diploma / degree / post graduation course in a recognized college or University of the UK. He needs to establish a link between his existing studies / work experience with the diploma / degree / post graduation course to be taken in the UK.

3. What Documents to Submit?

The persons intending to apply for a student visa need to provide following documents with their entry clearance application.

• Entry Clearance Form
• Two Passport size Pictures
• Original Passport
• Visa Fees (If applicable)
• Copies of the Educational / Work experience Documents
• Unconditional Offer of a place in the College / University
• Proof of payment of partial / full fees of the course (if available)
• Bank statements / Proof of income
• Affidavit of support from the Sponsor (If sponsored by another person)
  

Spouse Visa – Requirements

There are certain requirements for a spouse of a person present and settled in the UK which need to be fulfilled in order to come to the UK holding a spouse visa. This matter is often considered quite simple and straightforward but in fact one needs to be vary careful regarding the nature of the documentation and information that need to be submitted along with the entry clearance application form. Some times the visa application gets refused due to the lack of a document that could have easily been obtained. Although refusal of a spouse visa triggers a right of appeal but unfortunately it takes too long for an appeal to be considered by the Entry clearance Manager or AIT. It is therefore advised to give full attention to even minor details before handling the entry clearance application for a spouse visa.
 

Students are eligible to apply to stay on in the UK under this scheme. It is designed to allow individuals with exceptional skills and experience to come to or remain in the UK to seek and take work without having a prior offer of employment, or to take up self-employment opportunities. It is a points-based scheme. You can apply to stay in the UK as a highly skilled migrant even if you entered the UK in a different category (for example as a student), though not if you have permission to be in the UK as a visitor. For more information about the scheme visit the Work Permits (UK)  website.

An employer can apply for a work permit to enable them to offer a job to someone who would not otherwise be allowed to work in the UK.
It is relatively straightforward for an employer to obtain a work permit if the job is categorised as a ' Shortage Occupations'.

The list of 'Shortage Occupations' changes frequently. For an up-to-date and detailed list, see the Home Office website, Working in the UK website.

If your occupation is one that is not on the ' Shortage Occupations' list then your prospective employer will need to advertise for the position to test the ‘resident labor’ market which would include the UK and the EEA.
 

A Work Permit is granted for jobs where the employer cannot easily find a suitable resident worker in the UK and the prospective employee has the required qualifications and or skills and experience.

The employer wishing to sponsor a Work Permit will need to show Work Permits UK that they are a viable business and that they have a genuine requirement that can be fulfilled by the prospective employee.

The work permit will be issued for a specific person and a specific job.

The main types of employer sponsored work permits are:

Tier 1 Work Permit - issued by Work Permits UK for professions that are on the Skills Shortage Occupation List. Tier 1 work permits in the UK require less evidence to be produced to prove that a person could not easily be found, as Work Permits UK have already recognised that there are a shortage of people in the UK with those skills and therefore do not require the employer to satisfy the resident labour test (advertising for the position).

Tier 2 UK Work Permit - issued by Work Permits UK for those professions that do not fall into the Tier 1 Shortage list and therefore will need to satisfy the resident labour test (advertisement).

Training and Work Experience Scheme (TWES) - issued by Work Permits (UK) for the purposes of training an individual.
Intra-Company Transfer: issued by Work Permits (UK), this Working Permit is designed to allow overseas employers to bring key members of staff to their UK office.
 
Sponsored Researchers
This category is for: Someone who has a job overseas, who is still being paid for that job, has come to the UK to undertake a period of research at an employer/host organisation and the funding for the research remains overseas.

• Someone who has a job overseas, who is still being paid for that job, has come to  the UK to undertake a period of research at an employer/host organisation, but the funding is transferred to the UK employer or host. Someone who has a job overseas, who is still being paid for that job, has come to the UK to undertake a period of research at an employer/host organisation, but the funding is arranged and paid by UK employer or host.
   

• Someone who is on paid sabbatical, comes to the UK to undertake research at a UK employer/host organisation, funding is arranged and paid by the UK employer or host.
   
• Someone who is on unpaid sabbatical but receives funding from UK employer or host.

An employer can apply for a TWES permit, to enable them to offer training or work experience to someone who would not otherwise be allowed to work in the UK. TWES permits are issued on the clear understanding that you intend to leave the UK at the end of the agreed period to use your new skills and experience. You will not normally be allowed to transfer to work permit employment at the end of your training or work experience. You will also be required to spend a certain amount of time outside the UK when your TWES permit finishes, before being issued with any further work permits (12 months, if your TWES permit was for up to 12 months; 24 months, if your TWES permit was for more than 12 months).

A TWES permit for work-based training for a professional or specialist qualification is normally issued for the average time expected to complete the training, up to a period of five years. A TWES permit for a period of work experience will usually be for up to 12 months. Extensions can be granted in exceptional circumstances, up to an overall maximum of 24 months’ work experience. You need to meet a number of different criteria, examples are; you must be additional to your employer’s normal staffing requirements and you must not be filling a job that would otherwise be filled by a ‘resident worker’; you must have an adequate command of the English language to enable you to benefit from the training or work experience; the training or work experience should be for a minimum of 30 hours per week, excluding any time for associated study; the work experience should be at managerial level, or at least NVQ/SVQ level 3 or equivalent, or the training should lead to a recognized professional or specialist qualification that requires an entry level qualification of at least that level; you should already have an academic or vocational qualification at least at NVQ/SVQ level 3 or equivalent or previous relevant experience to enable you to benefit from the work experience program.

Note that if you currently have permission to be in the UK as a student, you will not need to leave the UK whilst the employer applies for a TWES permit. For more information about the scheme visit the Work Permits (UK) website.
 

1. Introduction

This scheme is a joint venture of the Scottish Executive and the Home Office to encourage people moving to Scotland and pursue their careers while living in Scotland. This scheme will enable non-EEA nationals who have successfully completed an HND, degree course, Masters or PhD at a Scottish university and have lived in Scotland during their studies to apply to stay in Scotland for up to two years after completing their studies to seek and take work.

2. Who Can Qualify?

All persons on a student visa or on a SEGGS scheme visa can apply for FT - WISS while remaining within the UK. Applicants from outside the UK can also apply provided they qualify under the criteria of this scheme. The applicants need to prove that he has lived in Scotland for a considerable time period of his studies of either:

HND qualification; or
Under graduation: or
Masters; or
PHD
in any Scottish educational institution and has actually completed such qualification. In addition to the above the applicant of this scheme needs to establish that

He intends to work in Scotland, if his application is approved.
He can maintain and accommodate himself and any dependants during the duration of his leave to remain.
He intends to leave the UK on expiry of his leave to remain unless he successfully switches either to:
Work permit (For employment in Scotland only); or
HSMP; or
Business Person; or
Innovator schemes.
Please note that only those students who have completed their education in the last 12 months are eligible to apply under this scheme.

3. What Documents to Submit?

The persons intending to apply for a FT-WISS need to provide following documents with duly completed application form.

Original HND certificate or degree or PHD degree; or
Letter from the personal tutor that original degree is being awaited.
Original Passport and of all the dependants.
Two Pictures of each person named in the application form.
Proof of relation with the dependants (Marriage / Birth Certificates)
Proof of residence (Utility bills, bank Statements, Letters from the College or University). It must cover the time period of the claimed residence in Scotland.
Last three months Bank Statements
Wage slips (If working)

4. Duration of Visa

The applicants are normally issued a visa for a maximum period of two years. That is the maximum period that a person can stay under this scheme, after that he needs to return to his home country unless he switches to other immigration category as mentioned above. If the applicant has already spent some time under SEGS scheme, he will only be issued with the balance of two years time. For example if he remained on SEGS scheme for 6 months and applies for FT-WISS he will only be given leave for a further 18 months thus making a total of two years.

5. Work Allowed

FT-WISS participants can take any sort of employment (Part time or Full time), or engage themselves in business or can be self-employed for the duration of their leave to remain. . They can therefore legally become a partner / sole proprietor / Director in an existing business or take up a new business.

6. Extension of Visa

FT-WISS participants can apply for an extension of visa if they were issued with less than two years of visa for this scheme in their first application. The maximum extension that can be granted by the Home Office is an aggregate amount of two years.

7. Spouse / Unmarried Partner / Children < 18

FT-WISS participants can always invite their spouse / children to join them as their dependants or include them in their application for this scheme as their dependants, during the time of their leave to remain provided they could support their families without recourse to public funds. The dependants will also be allowed to work in the UK.

8. Switching Rules

FT-WISS participants can always apply for the following immigration categories provided they fulfil all the requirements of the category.

Spouse Visa (Provided the applicant has been issued a leave to remain / visa for more than 6 months initially and he has got more than 3 months of his current leave to remain).

Religious Minister (provided they have lived legally in any category for 12 months and fulfil all the requirements to apply as a Religious Minister.
WP (Only to work in Scotland)
HSMP
Business Person
Innovator
 

Information about the International Graduates Scheme
The international Graduates Scheme (IGS) will be launched on 1 May 2007. It will replace the Science and Engineering Graduates Scheme. It enables non-EEA students who have successfully completed and obtained a degree, Master’s degree, PhD, or postgraduate certificate or diploma on or after 1 May 2007 to work in the UK for up to 12 months upon completion of their studies. If they want to remain in the UK beyond this time, they can switch into an appropriate immigration category to pursue their career, provided they meet the relevant requirements.

What is the International Graduates Scheme?
The International Graduates Scheme (IGS) will be launched on 1 May 2007 with the aim of encouraging graduates of UK further or higher education establishments to pursue a career in the United Kingdom. Those who complete their courses on or after 1 May 2007 can apply regardless of the subject they have studied. Those who finished their courses before 1 May 2007 may still apply under the old Science and Engineering Graduate Scheme rules.

IGS is a transitional route which enables students who have studied in the UK to access the labour market and gain work experience in the UK.

During their leave under IGS participants can take any type of employment or self-employment. If they want to remain here beyond their leave under IGS in order to pursue their career, they can switch into various employment or self-employment categories, if they meet the relevant requirements.

How do I qualify under the scheme?
To be granted leave under the scheme, applicants must (amongst other things):
• have successfully completed a relevant course at a recognised or listed UK institution of Higher or Further Education on or after 1 May 2007. A relevant course is:
• a Bachelor’s degree course; OR
• a Master's or PhD course; OR
• a postgraduate certificate or diploma. And must:
• have completed their course in the last 12 months (as shown by the date of expiry of leave as a Student to complete this course)
• intend to work during the period of leave granted under the scheme
• be able to maintain and accommodate themselves and any dependants without recourse to public funds;
• intend to leave the UK at the end of their stay (unless granted leave as a work permit holder, highly skilled migrant, business person, innovator or student).

Does it matter what course I have studied?
If you completed your course on or after 1 May 2007 you can apply regardless of which course you studied. If you finished your course before 1 May 2007 it is still possible to apply, but your application will be considered under the conditions of the Science and Engineering Graduate Scheme rules, which placed certain limitations on which courses were eligible (see below).

How do I know if the institution at which I studied is ‘recognised’ or ‘listed’?
The UK authorities recognise those institutions that can offer degrees by virtue of their own degree awarding powers (recognised bodies) or those powers of another institution (listed bodies). To find out the full list of recognised and listed UK further and higher education institutions please click here Department for Education and Skills. 

What if I have studied a PGCE?
Those who have completed a PGCE (Post Graduate Certificate in Education) at recognised or listed UK institution of further or higher education are eligible. Holders of postgraduate certificates and diplomas obtained from a recognised or listed body in any subject matter are eligible.

What if I have my results, but have not graduated yet?
Applicants can apply for IGS before they are issued with their degree certificate. If they do not have a degree certificate, they can provide a letter from their institution confirming that they have completed the course at the required level.
What if I finished my course before 1 May 2007 and was planning to apply for the

 Science and Engineering Graduates Scheme?
You should apply on the IGS form, but your application will be considered under the conditions of the Science and Engineering Graduates Scheme (SEGS) as it existed on 30 April 2007.
To be granted leave under the scheme, if you completed your degree before 1 May 2007, applicants must (amongst other things):
• have successfully completed a relevant course at a recognised or listed UK institution of Higher or Further Education. A relevant course is:
• a degree course (with second class honours (2.2) or higher), Master’s or PhD on the relevant list of physical science, mathematics and engineering courses approved by the Department for Education and Skills (DfES) for the purposes of this scheme. And must
• Have completed their course in the last 12 months (as shown by the date of expiry of leave as a Student to complete this course)
• intend to work during the period of leave granted under the scheme
• be able to maintain and accommodate themselves and any dependants without recourse to public funds;
• intend to leave the UK at the end of their stay (unless granted leave as a work permit holder, highly skilled migrant, business person or innovator).

How do I know if my course is eligible under SEGS?
The list of courses approved by the Department for Education and Skills (DfES) is available below.
The List of courses for those receiving their results from 1 May 2005 to 30 April 2007 (98 kb)

How do I find out my course’s JACS code?
Your personal tutor or another member of your university's staff will be able to provide you with your course's JACS code.
I commenced a Master’s or PhD, in a subject not on the DfES list, after 1 May 2006. I completed it before 1 May 2007. Can I still qualify for leave under IGS?
Yes, applicants who have completed a Master’s or PhD, regardless of the subject, commenced after 1 May 2006 and completed before 1 May 2007, can qualify for leave under IGS (provided they also meet the other requirements in the rules).

What if my studies have been sponsored (for example by a government or international scholarship agency?
Applicants who have been sponsored by a government or international scholarship agency will need to obtain written permission from their sponsor before applying for IGS.

Can I switch into the scheme without leaving the UK?
Applicants may switch into the scheme whilst in the UK if they have valid leave as a student. This includes leave as a student, a student nurse, to re-sit an examination, or to write up a thesis.
Alternatively you can apply to return to the UK from abroad under the scheme no later than one year after you complete your course (as shown by the date your relevant leave as a student expires). Entry clearance is mandatory for those returning to the UK under the scheme.

What type of work can I do?
There are no restrictions on the type of work you can do as an IGS participant.
How long can I stay in the UK under the scheme?
You can be granted a maximum of 12 months of leave as an IGS participant.
If you spend time outside the United Kingdom during that period you will not be eligible for any further grant of leave to make up this time.

Can I switch into other employment categories?
Yes. IGS participants are eligible to switch whilst in the UK into employment and self-employment categories (work permit employment, Highly Skilled Migrant Programme, business persons or Innovators), providing they meet the requirements of the category.

Can my dependants also stay in the UK?
Spouses, unmarried partners, civil partners and children who are already in the UK as the dependants of students are eligible to switch in line with the IGS applicant.
If dependants are applying from abroad, then entry clearance is mandatory.

How can I apply for the scheme?
You will need to complete an application form. To apply for the scheme while you are in the UK with leave as a student, you should get form FLR(IGS). The address to send your completed application form to and details of the required fee are on the application form, along with details of the documentation you need to submit to demonstrate that you meet the relevant criteria.
This will be available from the "all forms" section of this website when the scheme launches on 1 May 2007.
If you want to apply while you are abroad to return to the UK under the scheme, you will need to apply for an entry clearance. For information about entry clearance for the United Kingdom, contact ".UKvisas"

I studied in the UK, but I'm not eligible for IGS. Can I still stay on and work here after I complete my studies?
If you want to remain in the UK after your studies to work then you will need to switch into a different category of leave.
The Immigration Rules enable those students who have got a degree-level qualification or above from a relevant UK institution to switch into leave as a work permit holder, highly skilled migrant, business person or innovator.
Applicants have to meet the normal requirements of the scheme they are switching into. As for IGS, applicants who have been sponsored by a government or international scholarship agency will need to obtain written permission from their sponsor to switch.

For more information see the Home Office website, Working in the UK.
 

This scheme enables some entrepreneurs to apply to stay on in the UK to establish businesses without needing to invest large sums of their own money. The scheme is aimed mainly at entrepreneurs in the areas of science and technology, including e-commerce. To qualify to apply under the scheme, you must meet four requirements:

You will need to show that you have £200,000 to invest in a new UK business venture; work only in that business; have a controlling share of that business; have enough money for you and any family with you to maintain yourselves until the business is profitable; create at least 2 full time jobs for EEA national and provide a good business plan.
 

If you are a national of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, or Slovenia working in the UK, you are subject to the Worker Registration Scheme. You will need to register if you plan to work for more than one month for an employer in the UK.

Once you have been working legally in the UK for twelve months without a break you will have full rights of free movement. You can then apply for a residence permit confirming your status. For more information see the Home Office website, Working in the UK.
 

There are a number of ways that allow you to come to the UK under Business Immigration rules.

Business Visits
You can come for a business visit for mostly any purpose other than to work. You will need an official invitation from the Company in the UK.

Opening a UK Branch of an Overseas Company
You can come to open a branch of the company you work for over here or to be that company's sole representative in the UK.

If you wish to practice non - UK law in the UK and are a qualified lawyer overseas.
 

You cannot apply to stay on under this category if you are currently here under another category. You will need to leave the UK and apply for entry clearance as a working holidaymaker, before returning. You will probably need to go to your home country to do this. Entry clearance is compulsory for all working holidaymakers, whatever their nationality. You may be eligible if you are a Commonwealth citizen aged 17 to 30 inclusive and you can meet the other requirements. These include: being unmarried, or married a person who also meets the requirements and you intend to take a working holiday together; having the means to pay for your return journey; intending to take employment for no more than 12 months as an integral part of a working holiday; intending to leave the UK at the end of your working holiday. You can stay in the UK as a working holidaymaker for up to two years. For further details of the working holidaymaker scheme, see the Home Office website, Working in the UK website.
 

• you are over 18 years old and can speak English or other British languages like Gaelic.
• you intend to live in the UK or abroad working for the UK Government.
• have lived in the UK for 5 years with limited occasions when you have been away.
• are not in breach of any immigration rules.
• No more than 450 days away in the 5 years and 90 days away in the last year.

NOTE: Those items listed above represent a broad outline of the requirements. Please get in touch if you wish to pursue this application.
 

This scheme allows Japanese nationals to come to the UK for a working holiday for up to 12 months. You should intend to work as part of your holiday, but not full time. You have to enter the UK with entry clearance in this capacity. In other words, if you are currently in the UK in some other capacity (for example, as a student or visitor), you will need to leave the UK and return to your home country in order to apply to return under the scheme. You may be eligible if you are a Japanese national aged 18 to 25 (there is discretion to increase this age limit to 30 if you can show good reason for not applying earlier, for example, you were in full time studies or looking after a sick relative) and you can meet the other requirements. These include: being single, or married to a person who also meets the requirements and you intend to take a working holiday together; having the means to pay for your return journey; intending to take employment as part of your holiday; intending to leave the UK at the end of your working holiday. For more information about the Japan: Youth Exchange Scheme, see the Home Office website, Working in the UK.
 

You can apply to remain in the UK if you have been elected to a full-time salaried post as a sabbatical officer at an education establishment where you are registered as a student. You must be able to support yourself without needing welfare benefits and without undertaking work other than your sabbatical post. You should be given permission to be in the UK for 12 months which can be extended up to a two year maximum. At the end of this time, you must intend to take up a further course of study which you have deferred to take up the post, or you must intend to leave the UK. For further details of the working holidaymaker scheme, see the Home Office website, Working in the UK.