OVER THE PAST FEW MONTHS UK IMMIGRATION laws have been subject to continual change and development. This article will highlight some of the most recent changes and others due to take effect in the near future.
INTERNATIONAL GRADUATE SCHEME (IGS)
The IGS was introduced on 1 May 2007, replacing the Science and Engineering Graduates Scheme (SEGS). It enabled non-European Economic Area nationals who had successfully completed a recognised UK bachelor’s degree, master’s degree, PhD, or postgraduate certificate or diploma in any subject on or after 1 May 2007 to work in the UK for 12 months upon completion of their studies.
However, in light of the current reforms being undertaken by the government, UK immigration laws are currently undergoing one of the biggest shake-ups in their 40-year history and the IGS is one of the categories that has been affected.
On 30 June 2008, the Border Agency scrapped the IGS, SEGS and the Fresh Talent: Working in Scotland scheme (FT:WISS), with a view to bringing these in line with the immigration points-based system (PBS) that the Agency (then known as the Border and Immigration Agency) had introduced at the beginning of 2008. The PBS is aimed at ensuring that the right individuals are granted entry and are allowed to remain in the UK.
As a result, the IGS has now been replaced by the Tier 1 (post-study work) category (Tier 1 PSW).
TIER 1 PSW
This category is aimed at graduates of UK further or higher educational institutions who wish to pursue a career in the UK and mirrors the requirements of the IGS to an extent. It gives students access to the labour market and enables them to gain work experience in the UK. However, unlike the IGS and SEGS schemes, which allowed individuals to apply to remain in the UK for a period of 12 months, applicants under the Tier 1 PSW category can apply to remain in the UK for a period of 24 months upon completion of their degree.
During this period of leave the individual may undertake any type of employment or self-employment. However, should the applicant wish to remain in the UK beyond the 24-month period they must switch into one of the following categories:
- Work Permit Holder (shortly to be changed to Tier 2); or
- Tier 1 (general) (which was formerly known as the Highly Skilled Migrant Programme).
One further important point to note is that time spent in the UK under the Tier 1 PSW category does not count towards settlement.
WHO CAN APPLY?
Under the new scheme students who have successfully completed a bachelor’s degree, master’s degree, PhD, or postgraduate certificate or diploma from a recognised higher educational institution in the UK on or after 1 May 2007, or those currently in the UK under the IGS, SEGS or FT:WISS arrangements, are eligible to apply regardless of their subject of study.
However, unlike under the IGS and SEGS, where individuals met the requirements by merely graduating from a UK university, this is not enough to meet the requirements under the Tier 1 PSW category. Applicants are now required to score a minimum of 75 points under various ‘attributes’ criteria, together with meeting a language and maintenance test, in order to be granted leave to remain under this scheme.
To qualify for the Tier 1 PSW category initial applicants must score the following points:
- 75 points for attributes;
- 10 points for English language ability; and
- 10 points for access to maintenance funds.
See the box opposite for the requirements for the award of points for initial applicants under the Tier 1 PSW scheme.
QUALIFICATIONS ACCEPTED
Applicants can claim points if they have been awarded one of the following qualifications:
a UK recognised degree at bachelor’s level;
- a UK recognised degree at postgraduate level;
- a UK postgraduate certificate or diploma: or
- a higher national diploma (HND) from a Scottish institution
Qualifications that are not acceptable
Awards that cannot be used to gain points include:
- foundation degrees;
- honorary degrees;
- qualifications awarded in the UK by overseas awarding bodies;
- qualifications undertaken in overseas campuses of UK institutions; and
- professional and vocational qualifications.
TRANSITIONAL ARRANGEMENTS
When the Border Agency scrapped the IGS, SEGS and FT:WISS to implement the Tier 1 PSW category it realised that a number of individuals who were already in the UK under those schemes would be affected by the change. As a result, the Agency has introduced transitional arrangements for those individuals.
This means that any applicant who is currently in the UK under the IGS, SEGS or FT:WISS, or whose last grant of leave was in one of those schemes, may apply under the transitional arrangements to switch into the Tier 1 PSW category.
With the implementation of the Tier 1 PSW category, applicants who were granted less than 24 months’ leave under the IGS or SEGS can now apply for Tier 1 PSW under the transitional arrangements. These arrangements will enable individuals to obtain a total of up to 24 months’ leave under a combination of their previous scheme and Tier 1 PSW.
Participants under the FT:WISS arrangements will normally have been granted 24 months’ leave at the outset and therefore most of these individuals will not need any transitional arrangements. However, an applicant who was granted less than 24 months’ leave under the FT:WISS can apply under the transitional arrangements to switch into Tier 1 PSW to get a total of 24 months’ leave under a combination of their previous scheme and Tier 1 PSW.
POINT-SCORING ASSESSMENT FOR THE TRANSITIONAL ARRANGEMENTS
Under the transitional arrangements of the Tier 1 PSW category applicants must score:
- 75 points for attributes (contained in Appendix A to the Immigration Rules (IR)); and
- ten points for English language ability (contained in Appendix B to the IR); and
- ten points for access to maintenance funds (contained in Appendix C to the IR).
The requirements for the award of points for the Tier 1 PSW transitional arrangements are set out in the box above.
Under the transitional arrangements, applicants who are currently in the UK under the IGS, SEGS or FT:WISS and were only granted leave to remain for a period of 12 months automatically score 75 points under the attributes section.
ENGLISH LANGUAGE REQUIREMENT
Initial applicants
An applicant who achieves 75 points in the attributes section will also satisfy the English language requirement. This is because the applicant will have shown in the attributes section that they have obtained an appropriate English qualification.
Transitional arrangements
If an applicant currently has or was last granted leave as a participant in the IGS or its predecessor, SEGS, or is a participant in the FT:WISS, they will automatically satisfy the English language requirement.
TRANSITIONAL ARRANGEMENTS FOR MAINTENANCE
Upon introducing this scheme, the Border Agency realised that it may be difficult for applicants to prove that they have a minimum of £800 in savings for up to three months prior to filing their application. The Agency has therefore included an additional transitional arrangement for applicants and their family members submitting applications within the UK up to and including 31 October 2008.
Up to that date, applicants are not required to show that they have had funds for at least three months prior to filing their application. They must only show that they have the required funds at the time they apply. This means that the funds do not need to cover a three-month period, but the documents proving the availability of funds must be dated no more than a month before the application is filed.
COMMENT
Sweeping changes were certainly required in the immigration rules and the new Tier 1 PSW category is to an extent a positive change for overseas UK graduates, as it now grants them access to the resident labour market for a period of two years, unlike the old IGS and SEGS arrangements where applicants were only granted a year to remain in the UK. It also allows employers to employ these individuals immediately after graduation without having to go through the obstacles of obtaining a work permit.
However, after the transitional arrangements expire on 31 October 2008 I believe most students may find it difficult to maintain a balance of at least £800 for the required period of three months before their application.
In addition, leave granted under this category does not lead to settlement and employers who wish to retain individuals working under this category after the expiration of their leave will still have to apply for a work permit to enable that person to continue their employment in the UK.
By Tilly Oyetti, assistant solicitor, Magrath LLP. E-mail: tilly.oyetti@magrath.co.uk.
For more information please visit www.magrath.co.uk.
