2. 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.
3. 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.
4. 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
6. Overview of Tier 1 Tier 1 – High value Migrants This 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.
7. Overview of Tier 2 – General Category Tier 2 – Skilled Workers – The Most Relevant Tier Tier 2 – General Category: You need a sponsor i.e. an employer to apply 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) There is no limit on the number of visas for workers with annual salaries above £150,000 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 dependantsof Tier 2 migrants are not counted towards the limit
8. Overview of Tier 2 – General Category (contd…) Tier 2 – Skilled Workers – The Most Relevant Tier Tier 2 – General Category: 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) Visas may be granted for up to 3 years, after which an extension may be sought for another 2 years 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)
9. Overview of Tier 2 – Intra-Company Transfer Tier 2 – Skilled Workers – The Most Relevant Tier Tier 2 – Intra-Company Transfers: You need a sponsor i.e. an employer to apply No limits on the number of visa authorizations per year 12 month visas for jobs with a minimum annual salary of £24,000 Up to 60 month visas available for jobs with annual salary £40,000 or more 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) 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)
10. 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).
11. Summary (contd…) Unlike the US H1-B visa, dependantsof 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), dependantscan 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.
12. Additional Resources Overview of the tiers and points-based visa system http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeconaf/82/8223.htm Work related rights and restrictions for Tier-2 visa holders and their dependants http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeconaf/82/8219.htm Official list of licensed Tier-2 visa sponsors/employers http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/pbsregisterofsponsors NHS (free) healthcare eligibility and coverage information http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/documents/digitalasset/dh_4088998.pdf
13. 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/inf18eeaswissnationals#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/inf21pbsgeneralmigrant 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/
14. 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-changes-from-6-april-2011.htm http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/dependants/eligibility/ http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/dependants/workingandconditions/ http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/settlement/ 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/whoshouldapply/ 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-indefinite-leave-to-remain-from-6th-april-2011/ Summary http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeconaf/82/8219.htm
15. Thank You For questions about this guide, please contact The International Business Association at The UCLA Anderson School of Management iba.anderson@gmail.com
