Permission to work in the UK - information for employers of overseas applicants
Assessment of a candidate’s right to work in the UK and immigration sponsorship should be addressed at the end of the short-listing and selection process. It should not be used to exclude them from short-listing or selection. See information above under the heading Recruitment and immigration status
N.B. This information is correct at the time of publication (02 June 2009) but may change if policies produced by the Border and Immigration Agency (BIA) are updated and revised.
Applicants who are not United Kingdom (UK) or European Economic Area (EEA) citizens and do not have any evidence of entitlement to enter and work permanently in the UK i.e. settled status will require permission to work in the UK. This will be a different from the permission that enabled them to study at university in the UK.
What options are there for obtaining permission to work in the UK for overseas applicants?
There are a number of different routes by which the overseas applicant can obtain permission to work in the UK as part of the new Points Based System (PBS) which was introduced 2008.
The PBS combines more than 80 previous work and study routes in to the United Kingdom into five tiers. Points are awarded on workers' skills to reflect aptitude, experience, age and also the demand for those skills in any given sector, to allow the UK to respond flexibly to changes in the labour market.
At the time of writing, we expect the most common categories of permission to work in the UK for pre-registration trainee pharmacists to be:
| Category |
Who can use it
|
| Tier 1 - Post-study work |
MPharm graduates |
| Tier 2 - General (sponsored skilled workers) |
MPharm and OSPAP graduates |
Please note there are a number of other immigration categories that may enable a non UK/EEA applicant to work in the UK and if the applicant is eligible for a different category it is their responsibility to inform the potential employer. Please refer to the Border and Immigration Agency (BIA) website http://www.bia.homeoffice.gov.uk/workingintheuk/
Information on using Tier 1 - Post study work or Tier 2 - General for permission to stay in the UK is outlined below.
Tier 1 - Post-study work
This category may be used by MPharm graduates. OSPAP graduates are no longer eligible for Tier 1 - Post-study work (since 31 March 2009)
The Post-Study work category of Tier 1 was introduced on 30 June 2008 as part of the new points based system. It aims to retain international graduates who have studied in the UK and provides a bridge between studying and a permanent job. The Tier 1 - Post-study work category enables the individual to work and remain in the UK without having a sponsor for up to 24 months after completion of their degree in a UK Higher Education Institution. What this means in practice is that the permission to work in the UK is not linked to any one employer and the Tier 1 permit can be used after the end of pre-registration training. Once the individual has a permanent job (e.g. after they qualify as a pharmacist) they are expected to switch into another tier of the points-based system.
It is not possible to apply for Tier 1 - Post-study work until after being awarded a UK degree. If this is the chosen option, it is the individual's responsibility to obtain the Tier 1 - Post-study work permission and they will need to do this before starting their pre-registration training. Further information can be found on http://www.bia.homeoffice.gov.uk/workingintheuk/tier1/poststudy/
Tier 2 - General
This category may be used by MPharm graduates and OSPAP graduates.
Tier 2 - General is aimed at enabling UK employers to employ skilled workers from outside the EEA to fill a vacancy that cannot be filled by a resident worker or to fill vacancies for shortage occupations. Because NHS pre-registration trainee pharmacists are on the Shortage Occupation List it is NOT necessary for the employer to conduct a resident labour market test. Tier 2 permits are specific to both the employer and the post and are therefore a permit issued to cover pre-registration training is not valid after the pre-registration year.
Employers should read the 'Tier 2 of the Points Based System - Policy Guidance' which can be downloaded from: http://www.bia.homeoffice.gov.uk/workingintheuk/tier2/general/
The employer will only be able to use Tier 2 if they have a sponsorship license showing that they have been checked out and confirmed as genuine by the BIA. Once an organisation has been granted a sponsorship licence they will be given a password to access the system which is web based. Check with your local HR department to see if they have a sponsorship license. Employers applying for a licence should read the guidance for sponsor applications which can be downloaded from the BIA website.http://www.ind.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance
How do I employ a Tier 2 skilled worker?
- The employer obtains a sponsorship license from the BIA and a password for the web-based system (check with your HR department if they have one)
- The employer can apply for a Certificate of Sponsorship (CoS) no sooner that 3 months before the planned start of pre-registration training. The employer a:
- accesses the web-based system and enters all the details of the successful applicant and issues a Certificate of Sponsorship (CoS) (an actual certificate is not issued; an electronic reference number which is unique to the CoS is issued instead). Each CoS costs the employer £170 and full payment must be made to UK Border Agency (UKBA) before the CoS is issued.
- gives details of the electronic reference number (which is unique to the CoS to the individual) to the future employee.
After receiving the CoS electronic reference number, the future employee must apply for a grant of leave under Tier 2 - General. They must achieve the required number of points and be able to supply documents including the CoS reference number to support their application. It is the responsibility of the future employee to obtain a grant of leave under Tier 2 - General and if they fail to do this the CoS will be invalidated. It is not possible for the graduate to start their pre-registration training until they have both a CoS and a grant of leave under Tier 2 - General. Please note the fee for the grant of leave under Tier 2 - General should be paid by the graduate NOT the employer. Further information can be found on the BIA website http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part1/
Do I need to undertake a resident labour market test before I can employ a non UK/EEA applicant?
A 'resident worker' is defined as a person who is a European Economic Area (EEA) national or has settled status in the UK within the meaning of the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999, and the Nationality, Immigration and Asylum Act 2002.
Tier 1 - Post study work - enables the individual to work and remain in the UK without having a sponsor for up to 24 months after completion of their degree in a UK Higher Education Institution. A resident labour market test is NOT required for the Tier 1 - Post study work category.
Tier 2 - General - NHS Pre-registration trainee pharmacists are on the Shortage Occupation List, therefore a resident labour market test is NOT required for Tier 2 - General.
From 31 March 2009 the BIA introduced a requirement for jobs to be advertised on Job Centre Plus for 2 weeks to meet the resident labour market test. This is not necessary for NHS pre-registration trainee pharmacist posts because as a Shortage Occupation the resident labour market test is NOT needed.
How do I decide whether to use the Tier 1 - Post study work or Tier 2 - General category to employ a non UK/EEA applicant?
Either Tier 1 - Post study work or Tier 2 - General categories may be used to employ an MPharm graduate. OSPAP graduates are no longer eligible for Tier 1 - Post-study work (since 31 March 2009).
In deciding which immigration route to use a number of factors need to be considered and we recommend that after careful consideration of these factors the decision is made jointly between the individual and the employer.
The information in the table below provides additional information about Tier 1 - Post-study work and Tier 2 - General to help you and the potential employee decide on which type of permission to use.
|
Tier 1 - Post-study work |
Tier 2 - General
|
| Eligibility |
MPharm graduates |
MPharm graduates and OSPAP graduates |
| Points |
Information on how points are awarded are on the BIA website http://www.bia.homeoffice.gov.uk/workingintheuk/tier1/poststudy/eligibility/ |
Information on how points are awarded are on the BIA website http://www.bia.homeoffice.gov.uk/workingintheuk/tier2/general/eligibility/ |
| Evidence of funds |
The applicant will need to provide evidence that they have access to £800 of available funds (they need this amount as a minimum in their bank account for 3 months prior to application) |
The applicant will need to provide evidence that they have access to £800 of available funds (they need this amount as a minimum in their bank account for 3 months prior to application) |
| Cost to graduate (2009/10) |
£500 - postal £700 - at a public enquiry office (PEO) |
£465 - postal £665 - at a public enquiry office (PEO) |
| Cost to employer |
None |
£170 for Certificate of sponsorship (CoS). In addition if the employer does not already have a sponsors license they will need to apply for one at a cost of £1000. The sponsors license enables the employer to sponsor a number of non-resident workers and this number is agreed with the BIA |
| Paperwork for employer |
None |
Online application for CoS +/- application for sponsors license |
| Paperwork for applicant |
Application for a grant of leave under Tier 1 - Post-study work plus submission of evidence |
Application for a grant of leave under Tier 2 (General /Intra Company Transfers) plus submission of evidence |
| Paperwork for the university |
Proof of qualification |
Proof of qualification would only be necessary if Pharmacist (including pre-registration trainee pharmacist) was removed from the Shortage Occupation list |
| When to apply? |
It is not possible to apply for the Tier 1 - Post-study work category until the graduate has been awarded their degree. |
The employer should apply for the CoS no more than 3 months before the planned start of pre-registration training. Please note that in addition to the CoS the graduate will need to apply for a grant of leave under Tier 2 - General. |
| Who is responsible for applying? |
The graduate is responsible for applying |
The employer is responsible for applying for the CoS. In addition the graduate is responsible for applying for a grant of leave under Tier 2 - General once the CoS has been granted |
| Settlement or indefinite leave to remain |
Time spent in the Tier 1 - Post-study worker category does NOT count towards the period an individual needs to spend in the United Kingdom before being eligible to live permanently in the United Kingdom (known as 'settlement' or 'indefinite leave to remain'). |
Time spent in the Tier 2 category counts towards the period an individual needs to spend in the United Kingdom before being eligible to live permanently in the United Kingdom (known as 'settlement' or 'indefinite leave to remain'). |
| Duration of permit |
24 months |
duration of pre-registration training only |
| Validity of permit |
Enables the permit holder to work and remain in the UK without having a sponsor for up to 24 months after completion of a degree in a UK Higher Education Institution. The permit can be used after the end of pre-registration training. |
Permit is specific for the employer and post, therefore is only valid for pre-registration training. A new Tier 2 permit is needed for employment after the end of pre-registration training. |