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► Working after your studies
Working in the UK After Your Studies
Please note that this is a fast-changing area of law and this leaflet is for guidance only. You are advised to seek advice from the Careers Service to check your individual circumstances.
WHO DOES NOT NEED A WORK PERMIT?
Everyone from outside the EEA will require permission to remain in the UK to work unless they fall into one or more of the following categories:
1. A dependant of an EEA national
If you are the dependant of an EEA national or a Swiss national who is either studying or working in the UK you have a right to remain in the UK. You are allowed to work without permission in the UK.
2. A dependant of an international student from outside the EEA
If you are here in the UK as the dependant of another international student who has been granted 12 months or more leave to enter or remain as a student, you will be able to take any work without permission for the duration of your stay in the UK in this capacity. The stamp or sticker in the passport will include the words: ‘No recourse to public funds’.
3. A spouse/civil partner or unmarried partner of a British citizen or settled person (someone with permanent residence)
If you have been given permission to remain in the UK on the basis of your cohabitation or marriage, or civil partnership with a British citizen or settled person, you may work in the UK without permission.
4. Dependant of work permit/HSMP holder
If you are here as the dependant of a work permit holder or someone under the Highly Skilled Migrant Programme you will be able to work without permission.
5. Commonwealth citizens with UK Ancestry
If you have a grandparent who was born in the UK you may apply to come to the UK for five years to work. You will need to return home to make the application.
6. Postgraduate doctors and dentists
If you want to take a job in the UK to undertake training as either a postgraduate doctor or dentist you can only do this if you have completed your studies in the UK within the last 12 months. You will need to change status on an FLR(O)form before your student leave to remain expires.
7. Commonwealth Working Holidaymaker
If you aged under 30 and a Commonwealth national you may be allowed to come to the UK for an extended holiday for up to two years. This status allows you to work full-time for no more than 50% of your stay. You will need to return to your home country to apply for a visa or entry clearance. You must be able to convince the Entry Clearance Officer that you will return to your home country at the end of the working holiday. Further information on this category is available at:
www.ukvisas.gov.uk
8. Long residence in the UK
If you have been living lawfully in the UK for ten continuous years you may be eligible to apply for settlement or permanent residence. Once granted settlement you will be allowed to take any work or to set up in business. You should seek further advice if considering applying in this category.
GETTING PERMISSION TO WORK IN THE UK
There are currently four main options for remaining in the UK to work if you do not fall into one of the categories outlined above:
1. Full work permit
If you have been offered a job after graduation it is the employer’s responsibility to apply to WorkPermitsUK which is part of the Home Office for a work permit. Unless the job is listed on the current skills shortage list (www.workingintheuk.gov.uk) the employer will need to show there is no suitably qualified applicant in the European Economic Area to fill the post.
Work permits are only granted to people where the job requires you to have either:
• Registration with relevant UK professional organisation (eg GMC, NMC, GDC)
• UK equivalent degree level qualification
Or
• 3 years experience of using specialist skills
If the work permit is granted then you will need to apply to change status from student to work permit holder. You must have successfully completed your course before you are eligible to switch in the UK.
The application to change status is made on a form FLR(IED) and must be made before your current stay in the UK as a student expires.You will not be able to start work until you have been granted permission to switch status. It is therefore advisable to start job hunting at least 4-6 months before your permission expires to allow enough time for all the immigration procedures.
You are entitled to be joined by your spouse/civil partner or unmarried partner once you become a work permit holder. After you have held a work permit for continuous employment for five years you will be eligible to apply for settlement or permanent residence. If your family are currently in the UK you should include them in the FLR(IED) application.
HIGHLY SKILLED MIGRANT PROGRAMME
The HSMP is a points-based migration scheme to the UK which enables successful applicants to work or set up in business in the UK for an initial period of 2 years up to a maximum of 5 years. There is no requirement to have a job offer to apply under the scheme.
The main features of the scheme are:
75 points required
Mandatory English Language score of IELTS 6.0 or above for postgraduate students.
It is the responsibility of the individual to apply for permission to be in the UK under the HSMP scheme.The current fee for HSMP application is £315. If your HSMP application is approved you will need to apply separately for permission to remain in the UK under this catergory using FLR(HSMP)form for which a further fee of £335 is payable. Please note you can only switch into HSMP catergory in the UK if you have successfully completed your course.
Like the work permit scheme,if granted permission under HSMP,you are entitled to be joined by your spouse/civil partner,children and unmarried partner. After 5 years in this catergory you can apply for settlement or permanent residence.
Further information on the scheme is a t www.workingintheuk.gov.uk and click on Schemes and Programmes.
INNOVATOR
The scheme is aimed at entrepreneurs who want to set up a business in the United Kingdom, especially in the areas of science and technology, including e-commerce.
The minimum requirement is that the business proposal will lead to the creation of two full time jobs within the business within 12 months for persons already settled in the UK. You will also need to show that you have a minimum direct personal shareholding of 5% of equity share capital and that you have in place seed capital or initial funding for at least six months. A self-assessment is available at www.workingintheuk.gov.uk