UK WORK AUTHORIZATIONA Quick Guide For Non-UK MBA students

About this guide

Information in this guide is current as of July 20, 2011

Please use this guide only as a starting point for your own research into UK work authorization visas

Please use your own research and/or professional legal counsel before making any career decisions

Use this guide at your own risk! The author is not liable in any way for any outcomes.

Overview

The UK has transitioned to a points-based system for work visas

Nationals of countries in the EEA (European Economic area) and Switzerland can enter and work in the UK without prior authorization Except for Romania and Bulgaria nationals.

Others may apply for a visa within 3 months of their intended date of arrival.

Visa Categories

Work Visas are broadly divided into the following categories: Tier 1 – High Value Migrants

Tier 1 is further divided into 5 subcategories Tier 2 – Skilled Workers

Tier 2 is further divided into 4 subcategories Tier 3 – Temporary Low Skilled Workers Tier 4 – General Student visa Tier 5 – Youth Mobility and Temporary

Workers

Categories Applicable for Non-UK MBA students

• Exceptional Talent X - Category not open yet• Entrepreneur ~ - Depends on

circumstances• Investor ~ - Depends on

circumstances• Post Study Work X - Not applicable for non-

UK MBAs• General X - Closed for applicants

outside UK

Tier 1• General P - The most relevant category

• Minister of Religion X - Not applicable• Sports Person X - Not

applicable• Intra-company transfer P - Applicable

Tier 2• Tier 3 X - Not

applicable.• Tier 4 X - Not applicable for non-

UK students

• Tier 5 ~ - Some rare, special or unique

circumstance may apply

Tiers3, 4 & 5

Overview of Tier 1

Tier 1 – High value MigrantsThis tier is sub-divided into the following categories:

Tier1 – Exceptional Talent: This category is not open yet (as of July 20, 2011)

Tier 1 – Entrepreneur: For non-Europeans who want to invest in the UK by setting up or taking over a business in the UK

Tier 1 – Investor: For high net worth individuals who make a substantial investment in the UK

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.

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.

Overview of Tier 2 – General Category

Tier 2 – Skilled Workers – The Most Relevant Tier Tier 2 – General Category:

1. You need a sponsor i.e. an employer to apply 2. 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)

3. There is no limit on the number of visas for workers with annual salaries above £150,000

4. Important exclusions to the cap on the number of visas granted per year:

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

Tier 2 applicants under other sub-categories e.g. sports person etc. are not counted towards the limit

Intra-company transfers under Tier 2 are not counted towards the limit dependants of Tier 2 migrants are not counted towards the limit

Overview of Tier 2 – General Category (contd…)

Tier 2 – Skilled Workers – The Most Relevant TierTier 2 – General Category:

5. An applicant’s family members are allowed as dependants under Tier 2. dependants are also allowed to work in the UK (except as a doctor in training)

6. Visas may be granted for up to 3 years, after which an extension may be sought for another 2 years

7. This category makes the applicant and their dependants eligible 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)

Overview of Tier 2 – Intra-Company Transfer

Tier 2 – Skilled Workers – The Most Relevant Tier

Tier 2 – Intra-Company Transfers:1. You need a sponsor i.e. an employer to apply

2. No limits on the number of visa authorizations per year

3. 12 month visas for jobs with a minimum annual salary of £24,000

4. Up to 60 month visas available for jobs with annual salary £40,000 or more

5. An applicant’s family members are allowed, as dependants, under Tier 2. dependants are 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)

6. 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)

Summary

Given the ongoing changes, the UK work authorization rules are in a rapid state of flux.

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.

Most multi-national or large companies are well abreast of changes and are willing to sponsor work visas.

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.

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).

Summary (contd…)

Unlike the US H1-B visa, dependants of Tier 2 visa holders are also allowed to work in the UK What is more, unlike the primary T2 visa holder (who is

sponsored by an employer), dependants can work for any employer in the UK!

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.

Additional Resources

Overview of the tiers and points-based visa system http://www.publications.parliament.uk/pa/ld200708/ld

select/ldeconaf/82/8223.htm Work related rights and restrictions for Tier-2 visa

holders and their dependants http://www.publications.parliament.uk/pa/ld200708/ldselec

t/ldeconaf/82/8219.htm Official list of licensed Tier-2 visa

sponsors/employers http://www.ukba.homeoffice.gov.uk/sitecontent/docu

ments/employersandsponsors/pointsbasedsystem/pbsregisterofsponsors

NHS (free) healthcare eligibility and coverage information http://www.dh.gov.uk/prod_consum_dh/groups/dh_digi

talassets/@dh/@en/documents/digitalasset/dh_4088998.pdf

References

Slide – Overview http://www.ukba.homeoffice.gov.uk/workingintheuk http://www.ukba.homeoffice.gov.uk/eucitizens/ http://www.ukvisas.gov.uk/en/howtoapply/infs/inf18eeaswissnational

s#22710749 Slide – Visa Categories

http://www.workpermit.com/uk/uk-immigration-tier-system.htm http://www.ukvisas.gov.uk/en/howtoapply/infs/ http://www.ukba.homeoffice.gov.uk/workingintheuk/

Slide – Applicable categories for non-UK MBA students http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/general/ http://www.ukvisas.gov.uk/en/howtoapply/infs/inf21pbsgeneralmigra

nt http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/

Slide – Overview of Tier 1 http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/ http://www.ukvisas.gov.uk/en/howtoapply/infs/

References (contd…)

Slide – Overview of Tier 2 – General Category http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/ http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/ http://www.ukimmigration.com/news/2011-04-06/uk/tier-2-visa-major-ch

anges-from-6-april-2011.htm http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/depen

dants/eligibility/ http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/depen

dants/workingandconditions/ http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/settle

ment/ http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeconaf/82

/8219.htm Slide – Overview of Tier 2 – Intra-Company Transfer

http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/ict/ http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/ict/eligibility/w

hoshouldapply/ http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/ict/dependants

/eligibility/ http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/ict/settlement/ http://www.uk-wp.com/2011/03/18/new-requirements-to-qualify-for-indef

inite-leave-to-remain-from-6th-april-2011/ Summary

http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeconaf/82/8219.htm

Thank You

For questions about this guide, please contact

The International Business Association

atThe UCLA Anderson School of

Managementiba.anderson@gmail.com