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Working with international students

30 minute overview 9 July 2014

Nichola Carter Carter Thomas Solicitors

Session outline

• Important recent developments

• Tier 2 for international student graduates

• Tier 5 intern scheme

Important recent developments

• 24 June 2014: Minister for Immigration and Security announced in the House of Commons that HMRC records had been reviewed and evidence of potentially high levels of unlawful employment amongst international students had been found.

• A student sponsored under Tier 4 risks having their leave curtailed and can be banned from re-entering the UK if they breach the conditions of leave.

• Under section 24(1)(b)(ii) Immigration Act 1971 it is also a criminal offence to fail to observe a condition of leave.

Important recent developments (cont.)

• The maximum sentence is a fine or 6 months imprison (and a criminal record). Whilst this punishment has rarely been used to date, the risk is clear.

• Employers face civil penalties and/or criminal sanctions.

• The sponsor licence of the institution may also be placed at risk.

• UKVI’s position is that students who are working unlawfully (for instance, more than 20 hours per week) may have unsatisfactory attendance records or may not progress as expected.

Important recent developments (cont.)

• It expects sponsors to monitor attendance and progression and take action where problems are found.

• It is therefore essential that universities and other education providers that hold Tier 4 licences can prove that they have robust procedures in place.

• It is important to also ensure that students are clear as to the risks to themselves and to the institution if they work when they have no permission to do so or if they work more hours than permitted.

Tier 2 for international student graduatesThe Tier 2 sponsor licence online application form can be completed in around…

20mins

Tier 2 (cont.)

The number of documents employers need to file is…

4or less

Tier 2 (cont.)

During June UKVI has been turning around many sponsor licence applications in…

3working days

Tier 2 (cont.)

• Employers do not need to complete a Resident Labour Market Test before being able to sponsor a Tier 4 sponsored graduate.

• A new entrant salary rate is applicable.

• The application to switch from Tier 4 to Tier 2 can be turned around by UKVI in 1 day.

• It is possible to complete the entire process within 2 weeks.

Tier 2 (cont.)

• The job must be at NQF level 6 (unless one of the fewexceptions apply).

• The employer must be willing to pay the new entrant salary

as referred to in the relevant SOC code the applicant.

• The English language test is met by holding a UK degree.

• The employer can certify maintenance.

Tier 2 (cont.)

• Initial leave can be up to five years.

• The route leads to ILR.

• Dependants permitted (with full work rights).

Tier 2 (cont.)

Cost:‑ Sponsor licence application fee £536 (small sponsor)

or £1,476 (large sponsor £6.5M turnover p/a and/or more than 50 employees)

‑ Certificate of sponsorship fee £184

‑ Fee to switch from Tier 4 to Tier 2 £601 (post) or £1,001 (in person)

Tier 5 intern scheme

• Employer applies to GTI Recruiting Service to become a sponsor of interns via: www.tier5intern.com

• Within a few days GTI will arrange to visit the employer to ensure they are a genuine employer (enhanced checks for high risk sectors).

• Once the employer is approved GTI will issue a Certificate of Sponsorship.

Tier 5 (cont.)

• Employers do not need to complete a Resident Labour Market Test before being able to hire a graduate.

• The job must be supernumerary (i.e. on the job learning).

• The employer must pay at least the National Minimum Wage.

• The application to switch from Tier 4 to Tier 5 can be turned around by UKVI in 1 day.

• It is possible to complete the entire process within 2 weeks.

Tier 5 (cont.)

• The English language test is met by holding a UK degree.

• GTI can certify maintenance.

• Maximum leave is 12 months.

• Dependants permitted (with full work rights).

• Possible to switch into Tier 2 at a later stage (if Tier 2 requirements are met).

Tier 2 (cont.)

Cost:

‑ Fee to register with GTI and for the 1st certificate £750

‑ Fee to switch from Tier 4 to Tier 5 £208 (post) or £608 (in person)

Nichola Carter

E: ncarter@carterthomas.co.ukT: +44 (0)20 7484 5018M: +44 (0)7956 313 508

For latest immigration news visit

Twitter @ct_lawwww.carterthomas.co.uk

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What they say about our work

‘..an exceptionally strong reputation amongst the education sector’.The Legal 500

‘… a huge amount to develop the law of Tier 4 sponsorship for higher education institutions…successfully repealed UKBA decisions to strip colleges of their sponsor statuses’.Chambers & Partners

‘…a leading adviser on compliance and risk management’. Chambers & Partners

‘…conscious of the need to give clients value for money’. Chambers & Partners

Our education sector services

• Strategic advice and training• Guidance on new course offerings, partnerships and other

growth initiatives• Sponsor licence and HTS applications• Tier 4 compliance checks• Child visitors, student visitors and extended student visitors• International student policies: reviews and advice • Tier 2 and Tier 5 (for employees, tutors, etc.) • Post-study work options

For up to date news and information visit www.carterthomas.co.uk

Contact us

E: info@carterthomas.co.ukT: +44 (0)20 7484 5018

For latest immigration news visit

Twitter @ct_lawwww.carterthomas.co.uk