Академический Документы
Профессиональный Документы
Культура Документы
(POST-STUDY
WORK)
This guidance
is to be used
for applications
made on or after
14 December
2010
14/12/10
Contents
Introduction............................................................................................................2
Self-assessment...................................................................................................................... 3
Date of application................................................................................................................... 7
Initial Applications...............................................................................................13
Attributes................................................................................................................................ 13
Immigration Status in the United Kingdom during the period of study and /or research
in the United Kingdom........................................................................................................... 15
Attributes................................................................................................................................ 18
Maintenance (Funds)...........................................................................................20
9. An applicant can enter details of his/ 15. Any documentary evidence that the
her attributes. The points based calculator applicant provides must be the original (not a
then calculates the points we may award copy) unless we say otherwise.
for the attributes section of the points
assessment. The applicant can also confirm 16. Where a document is not in English or
that they satisfy the English language Welsh, the original must be accompanied by
requirement and enter details of whether he/ a fully certified translation by a professional
she has enough money to support himself/ translator. This translation must include
herself in the United Kingdom. details of the translator’s credentials and
confirmation that it is an accurate translation
10. The points based calculator will of the original document. It must also be
provide a summary of the information an dated and include the original signature of the
applicant enters, the points awarded for each translator.
section and the overall score.
17. We only need evidence that is directly
11. Under Tier 1 (Post-Study Work), an relevant to the application, as set out in this
applicant must score: guidance. We will not consider unrelated
evidence when calculating the points score.
• at least 75 points for attributes (Appendix A
of the Immigration Rules); and Verification and other checks
• 10 points for English language (Appendix B
of the Immigration Rules); and 18. We aim to consider applications
quickly. However, we must also be confident
• 10 points for maintenance (funds available)
that applications meet the requirements of the
(Appendix C of the Immigration Rules).
Immigration Rules, and that the information
12. The results of the points based an applicant provides is a true reflection of
calculator show the possible points an his/her background.
applicant might score and do not guarantee
the application will be successful. We make 19. We will ask for a variety of verifiable
a decision after receiving the full application documents to enable us to consider the
and the evidence to support it. application.
25. There are many reasons why we may • Where we are concerned about a piece
doubt that a specified document is genuine of evidence but would in any event refuse
and what we consider to be a reasonable the application for other reasons, those
doubt will depend on an individual application. reasons will form the basis of the refusal.
However, our judgments will be based on the We will not make verification checks in
facts we have. these circumstances. However, we will
always verify passports if we doubt they
Outcome of verification check are genuine.
35. If we make checks on an applicant who 40. The evidence must be original, on the
is self-employed we will try to establish the official letter-headed paper or stationery of the
business presence, for example by checking organisation and have the official stamp of that
business and/or tax registration. organisation. It must have been issued by an
authorised official of that organisation.
36. Our compliance team may visit the
applicant’s employer or educational institution 41. If an applicant has received private
(if the applicant is a student) before we make a sponsorship during his/her studies (for
decision on the application. example from an employer or relative), we do
not require the sponsor’s consent.
46. The following table explains some of the key features of Tier 1 (Post-Study Work). Full
details of the requirements are in paragraphs 245V to 245ZA of the Immigration Rules.
Description of category: The Tier 1 (Post-Study Work) category aims to retain the most
able international graduates who have studied in the United
Kingdom. It will also enhance the United Kingdom’s overall offer
to international students.
Indefinite leave to remain: Time spent in the Tier 1 (Post-Study Work) category does not
count towards the period an individual needs to spend in the
United Kingdom before being eligible to apply for indefinite
leave to remain.
• student;
• student nurse;
• Tier 4 Migrant;
47. All applicants wanting to travel to the United Kingdom under Tier 1 (Post-Study Work) of
the points based system will need prior entry clearance.
48. Applicants who are currently working as a ‘Doctor or Dentist in Training’ should submit
the documents specified in Annex B of this guidance. Where an applicant does not include all
of the requested information, any grant of leave will be subject to the ‘Doctor/Dentist in Training’
restriction.
Tier 1 (Post-Study Work) Policy Guidance version 12/10 page 10
Tier 1 (Post-Study Work) - Points Scoring
49. In order to obtain entry clearance or leave to remain within Tier 1 (Post-Study Work) an
applicant must score enough points and send supporting evidence where appropriate.
(This excludes applicants in the United Kingdom under the Science and Engineering Graduates
Scheme (SEGS), International Graduates Scheme (IGS) or Fresh Talent: Working in Scotland
Scheme (FT: WISS) who should apply under the transitional arrangements).
51. The requirements for the award of points for initial applicants under Tier 1 (Post-Study
Work) are:
If the applicant is claiming points for having been awarded an HND from a
Scottish Institution: the HND must have been studied at a Scottish publicly
funded institution of further or higher education, or at a Scottish bona
fide private education institution which maintains satisfactory records of
enrolment and attendance.
3 The applicant’s periods of UK study and/or research towards his eligible 20
award were undertaken whilst he had entry clearance, leave to enter or
leave to remain in the UK that was not subject to a restriction preventing him
from undertaking a course of study and/or research.
• Applicants for entry clearance to come into the United Kingdom must have
£2,800 available funds
52. All the requirements of the Immigration Rules must also be met.
If the certificate has yet to be issued, the Where the institution studied at is removed
applicant will be unable to provide the original from one of the relevant lists, any award
certificate of award. In these circumstances, completed after the date the institution
the applicant must provide: was removed from the relevant list will not
be eligible for an award of points and the
ii) an original letter from the institution at evidence will be discounted.
which the applicant studied towards his/her
eligible qualification. The letter must be an United Kingdom recognised or listed body
original letter (not a copy), on the official
letter-headed paper of the United Kingdom 64. A United Kingdom recognised body is
institution at which the applicant studied. It as described in paragraph 55 above. A United
must have been issued by an authorised Kingdom listed body is an institution that is not
official and must confirm the: a United Kingdom recognised body but which
provides full courses that lead to the award
• applicant’s name; of a degree by a United Kingdom recognised
body
• title of the qualification;
65. Further information on both recognised
• Date of the award (as defined in paragraph
and listed bodies can be found on the website
79 of these guidance notes);
of the Department for Innovation, Universities
• the body awarding the qualification; and Skills (DIUS) at http://www.dcfs.gov.uk/
recognisedukdegrees.
• explain the reason why the applicant is
unable to provide their original certificate of Scottish institution
award; and
66. Applicants claiming points for an HND
• confirm that the certificate will be issued. from a Scottish institution must have studied
at a Scottish publicly funded institution of
Institution further or higher education, or at a Scottish
bona fide private education institution which
63. An applicant can claim 20 points if he/ maintains satisfactory records of enrolment
she has undertaken a period of study for the and attendance. A ‘bona fide private education
eligible qualification at an institution that: institution’ is defined in paragraph 6 of the
Immigration Rules.
• Is a United Kingdom recognised or United
Kingdom listed body; or 67. The Scottish institution must
be on the Register of Education and
• In relation to an HND from a Scottish
Training Providers list which can be
institution, is a Scottish publicly funded
found on the website at http://www.
institution of further or higher education, or
ukba.homeoffice.gov.uk/sitecontent/
at a Scottish bona fide private education
documents/employersandsponsors/
institution which maintains satisfactory
pointsbasedsystem/diusregister.pdf
records of enrolment and attendance; or
68. 20 points will be awarded for this If your period of study was undertaken
attribute if the applicant has provided the with leave to enter or remain in any other
specified evidence as detailed in paragraph 62 category you will need to leave the United
above. Kingdom and apply for entry clearance from
outside the United Kingdom.
Immigration Status in the United
Documents required
Kingdom during the period of study
and /or research in the United 73. In order to score 20 points for this
Kingdom attribute, the specified items of evidence the
applicant must provide are:
69. An applicant can claim 20 points if he/
she can establish that the whole of his/her i) original passport(s), travel document(s)
period of study in the United Kingdom for the or BRP (Biometric Residence Permit)
eligible qualification was completed whilst he/ containing the relevant grant(s) of leave
she had leave to enter /remain that was not in the United Kingdom for the period
subject to a restriction preventing him/her from during which the applicant studied and/
undertaking a course of study and/or research. or conducted research for his/her eligible
qualification in the United Kingdom; and
70. No points will be awarded if the
applicant’s immigration status did not permit ii) an original letter from the institution at
them to pursue a course of study at any point which the applicant studied towards his/her
during which he/she was studying in the United eligible qualification. The letter must be an
Kingdom towards the eligible qualification. original letter (not a copy), on the official
letter-headed paper of the United Kingdom
71. An applicant does not have to have institution at which the applicant studied. It
remained in the United Kingdom throughout must have been issued by an authorised
the entire period of their study. It is reasonable official and must confirm the:
to expect, for example, that a student may
have undertaken periods of overseas study • applicant’s name;
and/or research whilst obtaining the eligible
• title of the qualification;
qualification.
• start and end dates of the applicant’s
72. Please note, that whilst you may be period/s of study and/or research for
eligible for an award of points under this this qualification at the United Kingdom
attribute you can only apply to switch into Tier institution.
1 (Post-Study Work) if you have, or have last
been granted leave to enter or remain as a: The original letter in support of points claimed
for other attributes is acceptable as evidence
• Student (paragraphs 57 to 62 of the for this attribute, providing it contains all the
Immigration Rules); required information.
• Student nurse (paragraphs 63 to 69 of the 74. We will check the applicant’s
Immigration Rules); immigration status in the United Kingdom
throughout the whole period of his/her study
• Student re-sitting an examination and/or research in the United Kingdom. To do
(paragraph 69A to 69F of the Immigration this, we will cross-check the evidence provided
Rules);
Tier 1 (Post-Study Work) Policy Guidance version 12/10 page 15
in the application with the applicant’s relevant 79. The date of award is taken as the
passport(s), travel document(s) or BRP date on which the applicant was first notified,
(Biometric Residence Permit). This check will in writing, by the awarding institution, that
enable us to establish that, for the period of the qualification has been awarded. This
study and/or research in the United Kingdom, notification may have been made in writing,
the applicant was here in an immigration directly to the applicant, or by the institution
route that did not place any restriction which publishing details of the award, either in writing
prevented the applicant from undertaking a (for example, via an institution notice board) or
course of study and/or research. electronically (for example, on the institution’s
website). Where the notification was not in the
75. Applicants must send their original form of direct correspondence to the applicant,
passports, travel documents or BRP (Biometric we will require direct confirmation of the date
Residence Permit) with their application, of award from the institution in writing.
unless it is not available for one of the
following reasons: 80. We do not accept the date of award as
the date of graduation.
• It has been lost or stolen;
81. Providing the date of award of the
• It has expired; or eligible qualification is no more than 12 months
before the date of application, 15 points will be
• It is elsewhere in the UK Border Agency.
awarded for this attribute.
76. If this is the case we will attempt to
verify his/her status in the United Kingdom Documents required
during the period of study and/or research
by checking the electronic records we hold 82. In order to score 15 points for this
internally. attribute, the specified evidence the applicant
must provide is:
77. If we cannot establish his/her status
during the period of study and/or research a) original document from the institution at
in the United Kingdom by checking his/ which the applicant studied towards his/
her immigration status using our electronic her eligible qualification or Foundation
records, we will not award any points and we Programme as a postgraduate doctor of
will refuse the application. dentist (where the applicant is applying
within 12 months of this period).
Date of eligible qualification/Completion The letter must be an original letter (not a
date of United Kingdom Foundation copy), on the official letter- headed paper of
Programme. the United Kingdom institution at which the
applicant studied. It must have been issued by
78. An applicant can claim 15 points if
an authorised official and must confirm the:
the eligible qualification was obtained within
the 12 months immediately before his/her • applicant’s name;
application for entry clearance or leave to
remain under Tier 1 (Post-Study Work) or if • title of the qualification;
his/her application for entry clearance or leave
to remain is being made within 12 months • start and end dates of the applicant’s
of completing a United Kingdom Foundation period/s of study and/or research for
Programme Office affiliated Foundation this qualification at the United Kingdom
Programme as a postgraduate doctor or institution; and date of award (as defined in
dentist. paragraph 79 of these guidance notes).
Initial applications
Transitional arrangements
• Applicants outside the United Kingdom 97. The evidence used to support personal
seeking entry clearance must have at least savings for at least a consecutive 90 day
£2,800 of personal savings which must period must be original, and issued by an
have been held for a consecutive 90 day authorised official of that organisation.
period before the date of application.
98. Evidence must be in the form of
• Applicants in the United Kingdom seeking cash funds held in an account (this includes
further leave to remain must have at least savings accounts and current accounts even
£800 of personal savings which must have when notice must be given). Other accounts
been held for a consecutive 90 day period or financial instruments such as shares,
before the date of application. bonds, pension funds etc, are not acceptable,
regardless of notice period.
The exchange rate of overseas currency will
be made using the OANDA rate conversion 99. If the applicant wishes to rely on a joint
on the date of the application. www.oanda. account as evidence of available funds, he/
com she must be named on the account along
with one or more other named individual.
94. Applicants may want to check
the potential costs of living in the United 100. Where an applicant is providing
Kingdom. If an applicant does not expect evidence of maintenance from a single
to get any income from his/her work in the account, we will always assess the funds
United Kingdom after the first month, he/she available to an applicant from the closing
may want to check that he/she has enough balance given on the document provided.
money to support himself/herself and any
dependants. 101. Where two or more pieces of evidence
from a single account are submitted (for
example two consecutive bank statements)
we will assess the funds available to the
applicant from the closing balance of the most
recent document.
i) Personal bank or building society • any transactions during the 90 day period;
statements covering a consecutive 90 day
• that there have been enough funds present
period: The most recent statement must be
in the account (the balance must always
dated no more than one calendar month
be at least £2,800 or £800, as appropriate)
before the date of application.
covering the consecutive 90 day period
The personal bank or building society before the date of application.
statements should clearly show: iii) Letter from bank confirming funds and that
they have been in the bank for a consecutive
• the applicant’s name; 90 day period, ending no more than one
• the account number; calendar month before the date of
application:
• the date of the statement;
The letter from a bank or building society
• the financial institution’s name and logo; should show:
• any transactions during the 90 day period; • the applicant’s name;
If the applicant wishes to submit electronic • the account number;
bank statements from an online account
these must contain all of the details listed • the date of the letter;
above. In addition, the applicant will need to
provide either: • the financial institution’s name and logo;
• a supporting letter from his/her bank, on • the funds held in the applicant’s account;
company headed paper, confirming the
• that the funds of £2,800 or £800 have been
authenticity of the statements; or
in the bank for at least a consecutive 90 day
• an electronic bank statement bearing the period on and immediately before the date of
official stamp of the bank in question will the letter.
be accepted. This stamp should appear on
The letter must be dated no more than one
every page of the statement.
calendar month before the date of application.
(Entry clearance applications only) The applicant will receive the Administrative
Review Request Notice with the entry
1. What is Administrative Review? clearance refusal notice.
Administrative Review is the mechanism for The applicant must complete the Request
reviewing refusal decisions made under the Notice in full and send it directly to the
Points Based System where an applicant address stated on the Request Notice.
believes an error has been made in the
decision. The Administrative Review is free Applicants must not send any additional
of charge. documents such as passport or supporting
documents with the Administrative Review
Administrative Review is an entitlement but request notice. If the refusal is subsequently
the request must be made within 28 days overturned, the applicant will be asked to
from the date the refusal notice is received send in their passport.
by the applicant. For time limits for making
a request, see further paragraphs 6 and 7 6. What is the deadline for applying for
below. Administrative Review?
Administrative Review is a non-statutory The applicant has 28 days from the date
scheme; that is there is no legislation setting of receipt of the refusal notice, to submit a
out what it covers or who is eligible to apply. request for Administrative Review.
The policy is contained in this guidance.
7. What if an application is submitted late?
2. What if the Administrative Review
request refers to matters outside the Where an Administrative Review request
scope of the Administrative Review? is received outside the 28-day period, the
administrative reviewer will consider if there
Where this occurs the matters should be are exceptional circumstances to accept the
dealt with under the normal complaints application outside of the deadline.
procedure. In such cases the applicant will
be advised in writing. If the Administrative Review request is late
and the administrative reviewer decides
3. Who conducts the Administrative not to perform the Administrative Review,
Review? the request notice will be returned to the
applicant with a letter explaining why it is not
An Entry Clearance Manager will conduct being accepted.
the administrative review. This may mean
that in some cases, an Entry Clearance 8. How many times can an applicant
Manager from another Post will conduct request an Administrative Review?
the Administrative Review. The applicant
may receive the result of the Administrative Applicants may request only one
Review from an entry clearance post that Administrative Review per refusal decision.
is different to the one that considered the Any further review requests received for the
original entry clearance application. same refusal decision will not be accepted.
They will be returned to the applicant.
4. Who can apply for Administrative
Review? However, where the Administrative Review
upholds a refusal but with different refusal
Anyone refused entry clearance under grounds, the applicant may request an
Points Based System, where they believe administrative review of these new refusal
the Entry Clearance Officer has made an grounds.
incorrect decision.
10. What will the administrative reviewer Where the administrative reviewer
look at? recommends in line with the above, that the
reasons for refusal should be revoked, the
The administrative reviewer will examine applicant may still be refused but with new
the evidence submitted with the original grounds for refusal.
application, copies of which will be kept at the The administrative reviewer will not
refusal post. recommend that the original decision is
The applicant is not allowed to provide overturned simply because the applicant
new evidence. Any new evidence must be claims there is a fault with United Kingdom
disregarded unless the applicant was refused Border Agency’s underlying processes or
under paragraph 320 (7A) or 320 (7B) of the policies.
Immigration Rules on General Grounds for 12. Does Administrative Review cover
Refusal (see paragraph 12). General Grounds for Refusal?
Any new evidence submitted by the applicant
must be returned to them together with the Yes. Administrative Review will also look at
outcome of the Administrative Review. refusals on the basis of paragraph 320 of the
Immigration Rules on “General Grounds for
11. How are Administrative Review decisions Refusal.”
made?
Reviews of refusals made under paragraphs
The administrative reviewer should focus on 320(7A) and 320(7B) of the Immigration
the areas which the applicant has asked to be Rules
reviewed. They will check that:
The applicant may submit further information
• points have been correctly awarded; with the Administrative Review request, if the
refusal is based on paragraph 320 (7A) or
• documents have been correctly assessed; 320 (7B) of the Immigration Rules on General
and Grounds for Refusal. If an application has
been refused because a false document was
• verification checks have been properly used or a false representation was made, the
carried out. applicant may claim that they were unaware of
the false documents or false representations.
Tier 1 (Post-Study Work) Policy Guidance version 12/10 page 24
The refusal will still stand but the applicant • the administrative reviewer will notify the
would have to prove that they did not know applicant by letter. The applicant will not be
that false documents or false representations entitled to a further Administrative Review as
were used, if they are not to have any future the grounds for refusal has not changed.
applications automatically refused for 10
Decision upheld but with revised reasons for
years. Where the documents related directly
refusal:
to the applicant (for example, employment
references, qualifications or financial details), • A new refusal notice (GV51) will be served
such a claim would be likely to fail unless the along with the Administrative Review letter
applicant has clear evidence that an error has from the administrative reviewer stating why
been made (for example, written confirmation the refusal has still been upheld. If there
from an employer, financial institution or are fresh reasons for refusal which were not
educational establishment that they had notified originally, the applicant will be able to
supplied us with incorrect information at the submit a further Administrative Review request
time we verified the original documentation). limited to those fresh reasons.
If the administrative reviewer does accept Decision overturned and entry clearance to
that the applicant did not knowingly use false issue:
documents or false representations, the
refusal will still stand, but the applicant will • The administrative reviewer will notify the
not automatically have any future applications applicant by letter and request the applicant’s
refused under the rules, paragraph 320 passport.
(7B) where false documents or false
representations were used. 16. Limited Right of Appeal
13. Does Administrative Review cover The applicant can only appeal on any or all
verification? of the grounds referred to in section 84 (1)
(b) and (c) of the Nationality, Immigration and
Yes. As part of the administrative review Asylum Act 2002. These are that the decision
process the administrative reviewer will ensure is unlawful by virtue of section 19B of the Race
that the Entry Clearance Officer has followed Relations Act 1976 (discrimination by public
the correct verification procedures. authorities), and/or that the decision is unlawful
under section 6 of the Human Rights Act 1998
14. What are the possible outcomes of (public authority not to act contrary to Human
Administrative Review? Rights Convention) as being incompatible with
the appellant’s Convention rights.
There are three possible outcomes of
Administrative Review: All entry clearance applicants under the Points
Based System who are refused will be limited
• Uphold decision, reasons for refusal remain to residual grounds of appeal stated above.
the same;
The process for dealing with limited rights of
• Uphold decision, with revised reasons for appeal remains unchanged.
refusal;
In order to qualify for this exemption an The original certificate of award must always
applicant should provide the following evidence: be provided unless the applicant is awaiting
graduation having successfully completed
To prove that they are/were on the their degree or the applicant no longer has the
Foundation Programme- a letter from certificate and the institution who issued the
their Postgraduate Dean that satisfies the certificate is unable to produce a replacement.
requirements of the Immigration Directorate In which case he/she should send:
Instruction (IDI) on Postgraduate Doctors and
Dentists (Chapter 3, section 6see in particular
page 17 of that IDI) confirming: ii) An original academic reference from the
institution that is awarding the degree together
• That the applicant has/had during their with an original academic transcript.
last period of leave a place on a Foundation
Programme; and If the applicant is awaiting graduation but has
successfully completed his/her degree or no
• The Foundation Programme is recognised
longer has the certificate and the awarding
by the medical community; and
institution is unable to issue a replacement, he/
• The place on the Foundation Programme is/ she should send an original academic reference
was full time. from the institution that is awarding the degree
together with an original academic transcript.
To Prove that they are/were working as a The academic reference from the institution
Doctor in Training - the applicant must provide awarding the degree must be on the official
a letter from the NHS Trust employing them, headed paper of the institution and clearly show
confirming that he/she is/were (during the the:
period of his/her last leave) working in a post/
programme that has been approved by the • applicant’s name;
Postgraduate Medical Education and Training
Board as a training programme or post. • title of award;
Where an applicant does not include all of the • date of award, confirming that it has been/will
requested information, any grant of leave will be be awarded; and
subject to the ‘Doctor in Training’ restriction.
• applicant’s name;