What's next after Post-Study Work and Tier 4 visas?

One of the most common questions at the moment! We have created this training course for immigration advisers (and a general information material for everyone to read), you can read extracts below and contents (list of subjects covered) on our website. For the price of our standard advice session you can download and instantly read it here, in your own time from any computer, and then refer anytime you need. Download now.

Or visit www.1st4immigration.comwww.1st4immigration.com

Extract 1:
Before 6 April 2012 migrants could study in the UK for a degree and then almost automatically switch from a Tier 4 Student visa to a Tier 1 Post-Study Work visa, which was for 2 years (we will call this visa Post-Study Work or PSW in this course). This category, Post-Study Work, is now closed, so the current students find themselves in a position of needing an advice of what other visa options they have after completion of their degree course in order to stay in the UK.
Before 6 April 2011 migrants could study in the UK for a degree and then almost automatically switch from a Tier 4 Student visa to a Tier 1 Post-Study Work visa.

On completion of this course you will be able to advise clients on these 2 commonly asked     immigration questions: What’s next after Tier 1 Post-Study Work visa? and What’s next step after Tier 4 Student visa?

Extract 2: 
OPTION 1: TIER 1 (ENTREPRENEUR) 
For those with entrepreneurial spirit and access to £50,000 in funds, which will be available to invest in a UK-based business. Plus extra £900, held for 3 months, to meet a Maintenance requirement. The £50,000 can be put together with the help of family or friends. It is even possible to apply with ‘just’ £25,000 if you form an Entrepreneurial Team with someone in the same situation as you are and go into this business together as partners.
 
Extract 3:
OPTION 2: TIER 2 (GENERAL) - SPONSORED WORK PERMIT
For those who are lucky to have a job offer from a licensed Sponsor (employer) and a Certificate of Sponsorship plus a minimum offered salary of £20,000.
 
Special arrangements for Post-Study Work visa holders switching to Tier 2 General inside the UK: 
- there is no annual limit on such applications.
- there is no need for employer to advertise the job first, i.e. no need for a Resident Labour Market Test. Certificate of Sponsorship will be on an unrestricted kind.
Extract 4:

                OPTION 3: SPOUSE/PARTNER VISA including the New Rules from 9 July 2012
On the basis of a relationship with a British citizen; or with a person who has a permanent residency in the UK.

WHAT ABOUT NEW RULES FROM 9 JULY 2012?

The new Rules require the show earnings of at least £18,600 to qualify for this visa, it is now known as a Financial Requirement.

Amount gets higher if children are added as dependants: £22,400 for one child and an additional £2,400  for each further child. This only covers children who also need a visa, it does not cover, for example, step-children who are British citizens.
 
Whose earnings can be counted? Applying inside the UK, ie switching from a PSW visa to a  Spouse/Partner visa: earnings of either partner can be counted, such as only wife’s or only husband’s, regardless of who is the applicant. For example, it can be only foreign spouse’s earnings from a job in the UK if it is high enough.

Combined earnings of both partners can be counted as well.
 
Important! Applicant’s (who need a visa) income can only be counted if he/she had a visa which  allowed working (or being self-employed) and worked within the imposed conditions. If any of the income was earned when in breach of the Immigration Rules it won’t be counted. For example, if a holder of a Tier 4 Student visa allows to work 20 hours per week during the terms but the applicant worked full-time instead, this will be a breach of Rules and such income won’t be counted.
 
The only exception from the income threshold:
If the Sponsor (partner who is British or settled in the UK) receives the following disability-related benefits then the minimum income the threshold does not apply:

Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance and also a Carer’s Allowance.

HOW TO EVIDENCE INCOME?  Major change from 9 July 2012 – specified documents.
This is indeed a major change in Family Visas category! It may be only noticeable to the immigration professionals but will affect many applicants.

For the 1st time there are requirements for Spouses/Partners to provide specified documents only, in a specified format only and in most cases there will be no chance to provide alternative documents.
 
It means if the Rules say all documents must be provide to evidence income then all documents must be provided and not only some of them. The most common reasoning we hear from clients is “It’s all I have” or “It’s all employer gave me”, with the new Rules of specified documents the only way to get a visa is to produce the evidence, to ask employer for more or to get more bank statements etc. It is the wrong approach to provide just some pieces of evidence and not all.
 
Extract 5:
OPTION 4: SPOUSE/PARTNER VISA
on the basis of a relationship with a European (non-UK) citizen.

This option may sound very similar to the one above but in fact it is very different!
It is an application for an EEA Residence Card. Applications on the basis of a relationship with a European citizen are considered under the European law (not under the UK Immigration Rule under British law) and European law is in general more migrant-friendly.
 
There is no minimum income threshold, no English language requirement, no accommodation or maintenance requirement, no biometrics (no fingerprints) and no UKBA application fee!
 
Moreover, spouses and civil partners can apply long after their current visa has expired! Please see below section Spouses and Civil Partners and explanation of the rights or direct family members.
 
So is there anything to do then?
Well, yes, there are other requirements, they are just very different from the previous OPTION and in most cases can be met with less effort.
Download the course material now.

Or visit www.1st4immigration.com

 

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