UK work authorization rules

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UK work authorization rules

  1. 1. Uk work authorization<br />A Quick Guide For Non-UK MBA students<br />
  2. 2. About this guide<br />Information in this guide is current as of July 20, 2011<br />Please use this guide only as a starting point for your own research into UK work authorization visas<br />Please use your own research and/or professional legal counsel before making any career decisions<br />Use this guide at your own risk! The author is not liable in any way for any outcomes.<br />
  3. 3. Overview<br />The UK has transitioned to a points-based system for work visas<br />Nationals of countries in the EEA (European Economic area) and Switzerland can enter and work in the UK without prior authorization<br />Except for Romania and Bulgaria nationals.<br />Others may apply for a visa within 3 months of their intended date of arrival.<br />
  4. 4. Visa Categories<br />Work Visas are broadly divided into the following categories:<br />Tier 1 – High Value Migrants<br />Tier 1 is further divided into 5 subcategories<br />Tier 2 – Skilled Workers<br />Tier 2 is further divided into 4 subcategories<br />Tier 3 – Temporary Low Skilled Workers<br />Tier 4 – General Student visa<br />Tier 5 – Youth Mobility and Temporary Workers<br />
  5. 5. Categories Applicable for Non-UK MBA students<br />
  6. 6. Overview of Tier 1<br />Tier 1 – High value Migrants<br />This tier is sub-divided into the following categories:<br />Tier1 – Exceptional Talent: This category is not open yet (as of July 20, 2011)<br />Tier 1 – Entrepreneur: For non-Europeans who want to invest in the UK by setting up or taking over a business in the UK<br />Tier 1 – Investor: For high net worth individuals who make a substantial investment in the UK<br />Tier 1 – Post Study Work: Students who intend to work in the UK after graduating from a UK university. Likely to be closed in the near future.<br />Tier 1 – General: Highly skilled workers. This category is now closed both for applicants from outside the UK and applicants who are in the UK under most other immigration categories. This implies that only extensions for existing visas are allowed. This also applies for previous HSMP cases etc. It is complicated. See links in the References appendix for more research.<br />
  7. 7. Overview of Tier 2 – General Category<br />Tier 2 – Skilled Workers – The Most Relevant Tier <br />Tier 2 – General Category:<br />You need a sponsor i.e. an employer to apply <br />In the year ending April 5, 2012, only 20,700 skilled workers can come to the UK under the “General” category to take jobs with a salary below £150,000 (Limit is reviewed on annual basis)<br />There is no limit on the number of visas for workers with annual salaries above £150,000<br />Important exclusions to the cap on the number of visas granted per year:<br />In-country (i.e. UK) applications, including those switching to T2 from T1 (i.e. high value migrants) or T4 (i.e. UK students) are not counted towards the limit<br />Tier 2 applicants under other sub-categories e.g. sports person etc. are not counted towards the limit<br />Intra-company transfers under Tier 2 are not counted towards the limit<br />dependantsof Tier 2 migrants are not counted towards the limit<br />
  8. 8. Overview of Tier 2 – General Category (contd…)<br />Tier 2 – Skilled Workers – The Most Relevant Tier<br />Tier 2 – General Category:<br />An applicant’s family members are allowed as dependantsunder Tier 2. dependantsare also allowed to work in the UK (except as a doctor in training)<br />Visas may be granted for up to 3 years, after which an extension may be sought for another 2 years<br />This category makes the applicant and their dependantseligible for permanent settlement (equivalent of U.S. green card) in the UK after 5 years of continuous residence (subject to a few other conditions e.g. taking the “Life in UK” exam – see link in the References appendix)<br />
  9. 9. Overview of Tier 2 – Intra-Company Transfer<br />Tier 2 – Skilled Workers – The Most Relevant Tier<br />Tier 2 – Intra-Company Transfers:<br />You need a sponsor i.e. an employer to apply <br />No limits on the number of visa authorizations per year<br />12 month visas for jobs with a minimum annual salary of £24,000<br />Up to 60 month visas available for jobs with annual salary £40,000 or more<br />An applicant’s family members are allowed, as dependants, under Tier 2. dependantsare also allowed to work in the UK (except as a doctor in training; effectively they have more freedom to work and change jobs than the main applicant)<br />New applicants under this category will not be eligible for settlement (permanent residence) in the UK (new applicant = those seeking their first Tier 2 intra-company transfer after Apr, 6, 2010)<br />
  10. 10. Summary<br />Given the ongoing changes, the UK work authorization rules are in a rapid state of flux.<br />Most MBA students should qualify under the points-based system in the Tier 2 General category. This visa can only be sponsored by an employer.<br />Most multi-national or large companies are well abreast of changes and are willing to sponsor work visas.<br />You might also be able to negotiate a Tier 2 “Intra-Company Transfer” visa if your employer also has an office in your home country. This may be an easier option than applying direct to UK employers: work in the US for a few months while exploring transfer opportunities.<br />The former “self-sponsored” work visa route (i.e. a work visa without employer sponsorship) is now closed. This option is now only available to “investors” and “entrepreneurs” under T1 (see T1categories).<br />
  11. 11. Summary (contd…)<br />Unlike the US H1-B visa, dependantsof Tier 2 visa holders are also allowed to work in the UK<br />What is more, unlike the primary T2 visa holder (who is sponsored by an employer), dependantscan work for any employer in the UK!<br />The path to permanent settlement in the UK is much simpler than in the US. A Tier 2 visa holder may apply for and receive a settlement visa after 5 years of continuous residence.<br />
  12. 12. Additional Resources<br />Overview of the tiers and points-based visa system<br />http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeconaf/82/8223.htm<br />Work related rights and restrictions for Tier-2 visa holders and their dependants<br />http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeconaf/82/8219.htm<br />Official list of licensed Tier-2 visa sponsors/employers<br />http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/pbsregisterofsponsors<br />NHS (free) healthcare eligibility and coverage information<br />http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/documents/digitalasset/dh_4088998.pdf<br />
  13. 13. References<br />Slide – Overview<br />http://www.ukba.homeoffice.gov.uk/workingintheuk<br />http://www.ukba.homeoffice.gov.uk/eucitizens/<br />http://www.ukvisas.gov.uk/en/howtoapply/infs/inf18eeaswissnationals#22710749<br />Slide – Visa Categories<br />http://www.workpermit.com/uk/uk-immigration-tier-system.htm<br />http://www.ukvisas.gov.uk/en/howtoapply/infs/<br />http://www.ukba.homeoffice.gov.uk/workingintheuk/<br />Slide – Applicable categories for non-UK MBA students<br />http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/general/<br />http://www.ukvisas.gov.uk/en/howtoapply/infs/inf21pbsgeneralmigrant<br />http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/<br />Slide – Overview of Tier 1<br />http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/<br />http://www.ukvisas.gov.uk/en/howtoapply/infs/<br />
  14. 14. References (contd…)<br />Slide – Overview of Tier 2 – General Category<br />http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/<br />http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/<br />http://www.ukimmigration.com/news/2011-04-06/uk/tier-2-visa-major-changes-from-6-april-2011.htm<br />http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/dependants/eligibility/<br />http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/dependants/workingandconditions/<br />http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/settlement/<br />http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeconaf/82/8219.htm<br />Slide – Overview of Tier 2 – Intra-Company Transfer<br />http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/ict/<br />http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/ict/eligibility/whoshouldapply/<br />http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/ict/dependants/eligibility/<br />http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/ict/settlement/<br />http://www.uk-wp.com/2011/03/18/new-requirements-to-qualify-for-indefinite-leave-to-remain-from-6th-april-2011/<br />Summary<br />http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeconaf/82/8219.htm<br />
  15. 15. Thank You<br />For questions about this guide, please contact<br />The International Business Association<br />at<br />The UCLA Anderson School of Management<br />iba.anderson@gmail.com<br />
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