Permission to work in the UK and Leave to Remain - information for employers of overseas applicants
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 is being introduced during 2008.
The PBS combines more than 80 pre-existing 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 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 forms of permission to work in the UK for pre-registration trainee pharmacists to be:
- Tier 1 - Post-study work
- Tier 2 - General (sponsored skilled workers)
Either of the above can be used for MPharm graduates and OSPAP graduates and permission must be obtained before the graduate starts their pre-registration training. 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/
The introduction of PBS is phased during 2008. Tier 1 was introduced on 30 June 2008 and Tier 2 - General will be introduced in November 2008. The BIA has published a statement of intent for Tier 2; however the Tier 2 policy guidance is not yet available and information on Tier 2 is subject to change.
N.B. The Business and Commercial work permit and the Training and Work Experience Scheme (TWES) that were used in the past for employing non UK / EEA pre-registration trainee pharmacists will not be in existence by the time that you employ a 2009/10 pre-registration trainee pharmacist. These will be replaced by Tier 2 - skilled workers.
Information on using Tier 1 - Post study work or Tier 2 - General for permission to stay in the UK is outlined below. Permission must be obtained prior to the commencement of pre-registration training.
Tier 1 - Post-study work
This 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 / postgraduate diploma 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. 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. Please note that it may take up to a month to process the application. Further information can be found on http://www.bia.homeoffice.gov.uk/workingintheuk/tier1/poststudy/
Tier 2 - General
Tier 2 of the PBS will come into operation in November 2008. Please note that the information below on Tier 2 is based on the statement of intent from the BIA and not based on policy guidance which is yet to be published.
Tier 2 - General is aimed at enabling UK employers to employ skilled workers from outside the EEA. Based on the information that we have at the moment Tier 2 would appear to be more complicated and costly for the employer. The only advantage of using Tier 2 is that the application can be made well in advance of you starting pre-registration training.
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 NHS organisation has been granted a sponsorship licence they will be given a password to access the system which is web based. Employers can apply for sponsorship licenses now. The employing NHS organisation will need to pay a fee of £1000 for this sponsorship licence. Check with your local HR department to see if they have a sponsorship license. Employers applying for a licence should read the sponsor application form guidance and the sponsor licensing guidance both of which can be downloaded from the BIA website.http://www.ind.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance
Employers should read the 'Skilled Workers under the Points Based System (Tier 2) Statement of Intent' which can be downloaded from:http://www.bia.homeoffice.gov.uk/sitecontent/documents/managingourborders/pbsdocs/statementofintent/skilledworkersunderpbs.pdf?/view=Binary
How do I employ a Tier 2 ¿ skilled worker?
The steps are as follows:
- 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)
- 1.The employer 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.
After receiving the CoS electronic reference number, the individual must submit an application to the UK Border Agency to gain Leave to Remain. They must also achieve a minimum of 70 points and be able to supply documents including the CoS reference number to support their application. It is the responsibility of the individual to obtain Leave to Remain and if they fail to do this the CoS will be invalidated. The BIA recommends that students apply one month before their Leave to Remain as a student expires or one month before they are due to start employment. However, it is important to check the information on the CoS carefully as there may be a deadline for application for Leave to Remain associated with the CoS and if the application is not made by a certain date this could invalidate the CoS. It is not possible for the individual to start their pre-registration training until they have both a CoS and Leave to Remain. Please note the fee for Leave to Remain should be paid by the individual NOT the employer. Further information about Leave to Remain 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 a having a sponsor for up to 24 months after completion of their degree / postgraduate diploma 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 - As pre-registration trainee pharmacists are on the Shortage Occupation List. Therefore a resident labour market test is NOT required for Tier 2 - General.
Put simply, you no longer have to prove that you have no other suitable UK/EEA applicants before employing someone from outside this area, provided they are eligible for permission to work in the UK.
How do I decide whether to use Tier 1 - Post study work or Tier 2 - General to employ a non UK/EEA applicant?
Based on the information that we have at the moment Tier 1 - Post study work would appear to be the most suitable option.
The information in the table below provides additional information to help you and the applicant decide on which type of permission to use. The decision should be made jointly between you and the applicant after careful consideration of all factors. Please note that it is not necessary to decide which Tier to use until early 2009. By this time the policy guidance for Tier 2 will have been published which will help inform your decision. We would recommend that, if you offer employment to a non-EEA resident, you state that the offer is subject to appropriate permission to work in the UK before commencement of the post.
|
Tier 1 - Post-study work |
Tier 2 - General Please note that the information below on Tier 2 is based on the statement of intent form the BIA and not based on policy guidance which is yet to be published. The information is subject to change. See http://www.bia.homeoffice.gov.uk/workingintheuk/ for the most up to date information. |
| Points |
A score of at least 75 points. Information on how points are awarded are on the BIA website http://www.bia.homeoffice.gov.uk/workingintheuk/tier1/poststudy/eligibility/ |
A score of at least 70 points. 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 you have access to £800 of available funds (you need this amount as a minimum in your bank account for 3 months prior to your application) |
The applicant will need to provide evidence that they have access to £800 of available funds to support yourself whilst in the UK |
| Cost to student (2008/9) |
£400 (postal) |
£400 (postal) for Leave to Remain |
| Cost to employer (2008/9) |
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 |
| Paperwork for employer |
None |
Online application for CoS +/- application for sponsors license |
| Paperwork for applicant |
Completion of Tier 1 - Post-study work application form plus submission of evidence |
Completion of Leave to Remain application form |
| Paperwork for the university |
The university will need to provide an official letter as evidence that the student studied there and that they have been awarded the MPharm degree / postgraduate diploma (OSPAP). The student will need to ensure that they obtain the original copy of this letter before academic staff go on leave. |
None |
| When to apply? |
It is not possible to apply for the Tier 1 - Post-study work category until the student has been awarded thier MPharm degree / postgraduate diploma (OSPAP). |
It is unlikely that the employer can apply for the CoS more than 6 months before the start of pre-registration training. |
| Who is responsible for applying? |
The student is responsible for applying |
The employer is responsible for applying for the CoS. In addition the student will need Leave to Remain and they are responsible for applying for this once your 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'). |