International Engineering Students - Working in the UK

All International students from outside the EU who want to stay on in the UK to work after their studies need to apply to the Home Office.

This will be an application under the Points Based System, either under Tier 2 (Skilled workers), or Tier 1 (Post Study Work), or Tier 1 (General) for Highly Skilled workers.

The main difference between Tier 1 and Tier 2, is that under Tier 1 you do NOT need a sponsor with a licence.

If you are applying under Tier 2, then you should look on the Home Office website, under 'Sponsor Register', to see which employers in the UK already have a licence. This will help narrow your search and the need for any speculative enquiries.

You need to make the application before your current leave expires, and you need to make sure that you meet all the requirements of the Immigration Rules for the category you are applying to stay under.

You should be aware that the Home Office update the application forms, their Guidance notes and amend the Immigration rules from time to time, so you should check their website regularly for updated information.

When making an application from abroad, you should either be very familiar with the Home Office requirements or take advice, as there is a very limited appeal known as Administrative Review.

Applications made from inside the UK do have a full right of appeal, but the evidence that you can show for an appeal will change significantly in the future, when the law is changed. This will mean that you have to get it right first time, or leave the UK to make another application from your home country.

There are three principal routes that you should consider, under the Points Based System. There is a Points Based Calculator on the Home Office website. But remember, this is no guarantee that you will be awarded the points on application. The documents that you send in with the application are crucial.

Tier 1 (Post Study Work)

This replaced the International Graduate Scheme in June of last year.

In order to score enough points for this category, you need to show 75 points for your 'attributes', ie your Graduate or Post Graduate degree, having studied for that Degree at a recognised UK educational establishment, having studied for that Degree with student leave, and having made the application within 12 months of being awarded the qualification.

You also need to score 10 points for language and 10 points for maintenance.

Post Graduate Diplomas are no longer recognised.

If successful, you will be given two years further leave to remain in the UK. You do not need an employer to sponsor you under this category, as it is based solely on your points score.

Unless you are making an application for permanent stay based on 10 years residency, none of the time spent with PSW leave counts towards the qualifying period for settlement, so you should switch out of it as soon as you can, into another category, such as Tier 1 (General) or Tier 2 (General).

Tier 1 (General)

This scheme replaces the Highly Skilled Migrants Programme.

The minimum requirement for this scheme is a Masters Degree, and minimum past earnings of £20,000.

The only way a student can qualify under this scheme on Graduation is with a PhD and being under 28 years old. If however, you have previously worked, either in the UK or your home country prior to your studies, you should check your points score.

If you do not score enough points on graduation, then you should consider switching into this category, for example, from Tier 1 (Post Study Work) or tier 2 (Skilled Work).

As with Tier 1 (Post Study Work), you do not need an employer to sponsor you in this category.

If granted, you are given three years leave to remain in the UK. Towards the end of your leave, you can apply to extend your stay for a further 2 years, before applying for permanent stay.

Tier 2 (General)

This replaces Work Permits.

This is for students who have an employer (with a licence from the Home Office) who has issued them with a Certificate of Sponsorship. You must still make sure you still score enough points, and meet all the requirements of the Immigration Rules.

You cannot start your employment until you have been granted leave to remain in the UK under Tier 2.

If you want to check which employers have a licence, to save wasted applications, then check the 'sponsor register' on the Home Office website.

You should also check, the 'Occupation Codes of Practice' on the Home Office website, in particular Codes C, F and M, to make sure the post you are applying for is treated as a 'Skilled Post'.

Some Engineering jobs have a shortage of suitably skilled applicants, and so they may appear on the Home Office 'Shortage Occupation List'. If so, you score maximum points under Tier 2.

These posts come under the heading Transportation and Highways Engineers, Ground Engineering, Electricity Generation Engineers, and others.

For further advice and assistance, you can contact Nicky Dean, Immigration lawyer at Slater Heelis Collier Littler. DD: 0161 975 3847, or email at nicky.dean@shcl.uk.com.

This article does not constitute legal advice. Advice should always be taken before making an application.

Useful links
Home Office Website
UK Border Agency