U.K. Announces Tougher Requirements for Employment
March 30, 2011— Expatriates seeking to study in the U.K. will have stricter entry requirements and tighter limits on their period of stay and employment options, while educational institutions will face heightened requirements to sponsor foreign students, when a U.K. Border Agency (UKBA) overhaul of Tier 4 of the Points Based System takes effect in 2012.
All educational institutions seeking to sponsor foreign students will be required to apply for Highly Trusted Sponsor status by April 2012. Schools will also have to be accredited by a statutory education inspection body by the end of 2012. Foreign students will have to meet higher English language skills requirements and meet stricter requirements to demonstrate their financial means. To qualify for Tier 4, foreign students will have to demonstrate they can speak English at an upper intermediate level, rather than the lower intermediate level currently required. Students will also have to provide bank statements from an approved financial institution, from the forthcoming UKBA list, to show that they possess sufficient funds to support themselves during their stay.
Student visas will be limited to a maximum stay of three years for lower level studies and five years for courses at or above the degree level that have a longer duration. Currently, there is no time limit for study at or above degree level. Students at universities and publicly funded further education colleges will retain a right to work in the UK, but employment authorization will not be available for other types of foreign students. In addition, the ability to bring dependent family members will be limited to government-sponsored students and those studying in a university postgraduate course of at least 12 months in duration. These dependants will continue to be allowed to work in the U.K.
In addition, foreign students will no longer have the option to participate in the Tier 1 (Post Study Work) category, which currently gives students two years to seek employment after their courses end, as this category will be closed. This will leave employer sponsorship under Tier 2 as the main route to employment for foreign nationals finishing their studies. Foreign students who are in the U.K. before their student visas expire will be able to change to Tier 2 status, provided they qualify, and they will be exempt from the standard Resident Labour Market Test requirement. Student entrepreneurs will be encouraged to stay in the U.K. to develop their business plans.
The UKBA’s announcement follows a lengthy public consultation on student visa reforms. The UKBA will publish full details of the new student visa system on March 31, 2011. |
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