Alternative to Post Study Visa?

Hi,

Upon news of the Tier 1 Post Study Worker being abolished this April, my partner and I are in a bit of a predicament! I'll highlight our circumstances below and would appreciate any advice on what route we should follow:

I am a British citizen. My partner is Turkish and we met in Turkey and have been in a relationship for a little over 2 years. We came to the UK in September 2011 for her to start a Masters degree, I, on the other hand, am working.

After her course finishes, and her Tier 4 visa expires, we want to stay here and both work. However, because the Tier 1 post study visa has been repealed, the only option is for her to apply for a Tier 2 general visa as a highly skilled worker. She is not a highly skilled worker though and will not meet the 150k per year income requirement! So what are our options?

We do want to get married, so is it possible if we do that sooner rather than later and then for her to be allowed to remain in the UK?

Advice appreciated!

PS: Why would my partner not still be able to apply for a post study visa though, since when she came to the UK it was still available and it was on that basis that she chose the UK over other countries. I mean it seems thoroughly unfair for those who made plans to study in the UK and THEN work to have them uprooted without ANY prior warning.

The UK has never offered students any guarantees that they could remain in the UK under a work category. That was a concession rather than a right and the concession has now ended.

Lucapooka wrote:The UK has never offered students any guarantees that they could remain in the UK under a work category. That was a concession rather than a right and the concession has now ended.

Ok, understood.

However on the issue of her being my partner, I guess she could apply as my 'unmarried partner'. It says on UKBA that for that we would need to meet the following:

You must show that:

• you are both at least 18 years old on the date when you would arrive in the UK or when we would give you permission to enter or remain; CONDITION MET
  
  any previous marriage or civil partnership that either of you was in has permanently broken down; CONDITION MET
  
  you are not related by blood; CONDITION MET
  
  you have been living together in a relationship akin to marriage or civil partnership which has been existing and genuine (not like a 'marriage of convenience') for at least 2 years; CONDITION MET - BUT, BY THE TIME HER CURRENT VISA EXPIRES, WILL HAVE ONLY BEEN LIVING IN THE UK TOGETHER FOR 1 YEAR AND A FEW MONTHS. LIVED TOGETHER IN TURKEY THOUGH BEFORE THIS, ACCEPTABLE OR NOT?
  
  you both plan to live together permanently; CONDITION MET
  
  you meet our English language requirement, unless you can show that you qualify for an exemption - see the English language page; CONDITION MET
  
  you can support yourselves and any dependants without help from public funds - see the Maintenance page; CONDITION MET
  
  you have adequate accommodation where you and your dependants can live exclusively and without needing public funds. CONDITION MET

nipper88 wrote:you have been living together in a relationship akin to marriage or civil partnership which has been existing and genuine (not like a 'marriage of convenience') for at least 2 years; CONDITION MET - BUT, BY THE TIME HER CURRENT VISA EXPIRES, WILL HAVE ONLY BEEN LIVING IN THE UK TOGETHER FOR 1 YEAR AND A FEW MONTHS. LIVED TOGETHER IN TURKEY THOUGH BEFORE THIS, ACCEPTABLE OR NOT?

Do you have evidence of this and was there any gap between then and now?

Lucapooka wrote:

nipper88 wrote:you have been living together in a relationship akin to marriage or civil partnership which has been existing and genuine (not like a 'marriage of convenience') for at least 2 years; CONDITION MET - BUT, BY THE TIME HER CURRENT VISA EXPIRES, WILL HAVE ONLY BEEN LIVING IN THE UK TOGETHER FOR 1 YEAR AND A FEW MONTHS. LIVED TOGETHER IN TURKEY THOUGH BEFORE THIS, ACCEPTABLE OR NOT?

Do you have evidence of this and was there any gap between then and now?

We met in Turkey, and were together right up to and including the day we came to the UK, so there was no gap in our relationship from Turkey to the UK.
However, we did not live at the same addresses in Turkey, so would not be able to show proof of this.

Then in that case you will not have met the requirement. You can argue it but you can't prove it, and they will demand proof. Have you thought of getting married?

Lucapooka wrote:Then in that case you will not have met the requirement. You can argue it but you can't prove it, and they will demand proof. Have you thought of getting married?

Hmm I see. So there is no way we can stay in the UK. It's so unfair! She's no scrounger!

We have considered marriage but it's a bit drastic and soon really. If she could only be able to hang on in the UK for 6 or 7 months beyond her current visa's expiry then we will have been living on the UK together for 2 years and will have met that requirement. Is there no other method of achieving that beyond marriage?

PS: What would be classed as proof of being together abroad?

If you go to Turkey for six months, you can bridge the gap in your relationship.

Examples of proof can be found on the application form. Generally, bills and letters (official instruments) to a common address.

Hmm.

If my partner is accepted on a PHD course here that starts at the end of 2013 (which would come with a visa of course for the duration of the course), would there be a way then for her to be able to remain here for the period between when her current visa expires and the PHD course starts?

nipper88 wrote:Hmm.

If my partner is accepted on a PHD course here that starts at the end of 2013 (which would come with a visa of course for the duration of the course), would there be a way then for her to be able to remain here for the period between when her current visa expires and the PHD course starts?

When does her current visa finish and when does the PhD start.

You appear to have misunderstood the requirements for tier 2. Tier 2 is for skilled workers not highly skilled and you don't need to be earning 150k to qualify. See the link below.

http://www.ukba.homeoffice.gov.uk/visas ... 2/general/

Greenie wrote:

nipper88 wrote:Hmm.

If my partner is accepted on a PHD course here that starts at the end of 2013 (which would come with a visa of course for the duration of the course), would there be a way then for her to be able to remain here for the period between when her current visa expires and the PHD course starts?

When does her current visa finish and when does the PhD start.

You appear to have misunderstood the requirements for tier 2. Tier 2 is for skilled workers not highly skilled and you don't need to be earning 150k to qualify. See the link below.

http://www.ukba.homeoffice.gov.uk/visas ... 2/general/

Oh right, thanks. But she'd still need to be sponsored by an employer right? Not so likely unfortunately. Her university has said that because the post study visa option has been removed now, the tier 2 general visa has become more lax. Any truth in that?

Her current visa expires 1st Feb 2013 and a UK phd would start in September 2013.

nipper88 wrote:

Greenie wrote:

nipper88 wrote:Hmm.

If my partner is accepted on a PHD course here that starts at the end of 2013 (which would come with a visa of course for the duration of the course), would there be a way then for her to be able to remain here for the period between when her current visa expires and the PHD course starts?

When does her current visa finish and when does the PhD start.

You appear to have misunderstood the requirements for tier 2. Tier 2 is for skilled workers not highly skilled and you don't need to be earning 150k to qualify. See the link below.

http://www.ukba.homeoffice.gov.uk/visas ... 2/general/

Oh right, thanks. But she'd still need to be sponsored by an employer right? Not so likely unfortunately. Her university has said that because the post study visa option has been removed now, the tier 2 general visa has become more lax. Any truth in that?

Her current visa expires 1st Feb 2013 and a UK phd would start in September 2013.

Lax in the sense for those who wish to switch from Tier4 to Tier2 they have removed the resident labour market test from the requirement. But still your g.f has to find a employer who has a license with UKBA and willing to provide her a COS (Certificate of sponsorship) and she has to meet the salary criteria for the job title and few other requirements. The key is to find a employer who is willing to offer a job + sponsor her. If I were you I would start by going through the registered sponsors (companies) list and finding out whether any of these companies have any vacancies for your g.f's skills/qualifications.

madona587 wrote:

nipper88 wrote:

Greenie wrote:

nipper88 wrote:Hmm.

If my partner is accepted on a PHD course here that starts at the end of 2013 (which would come with a visa of course for the duration of the course), would there be a way then for her to be able to remain here for the period between when her current visa expires and the PHD course starts?

When does her current visa finish and when does the PhD start.

You appear to have misunderstood the requirements for tier 2. Tier 2 is for skilled workers not highly skilled and you don't need to be earning 150k to qualify. See the link below.

http://www.ukba.homeoffice.gov.uk/visas ... 2/general/

Oh right, thanks. But she'd still need to be sponsored by an employer right? Not so likely unfortunately. Her university has said that because the post study visa option has been removed now, the tier 2 general visa has become more lax. Any truth in that?

Her current visa expires 1st Feb 2013 and a UK phd would start in September 2013.

Lax in the sense for those who wish to switch from Tier4 to Tier2 they have removed the resident labour market test from the requirement. But still your g.f has to find a employer who has a license with UKBA and willing to provide her a COS (Certificate of sponsorship) and she has to meet the salary criteria for the job title and few other requirements. The key is to find a employer who is willing to offer a job + sponsor her. If I were you I would start by going through the registered sponsors (companies) list and finding out whether any of these companies have any vacancies for your g.f's skills/qualifications.

Thanks a lot for the advice! Where can I find the registered sponsors list??

sushdmehta wrote:Register of sponsors - employers

That's great, thanks a lot! I see there are companies like spas and cafes etc too, which is promising. But even working full time, I doubt she'd meet the minimum income requirement. Surely that cannot be 150,000?!

Why would companies like cafes bother registering as a sponsor when they would hardly pay any migrant workers enough to meet the minimum requirement for Tier 2 visas?

Edit: On the UKBA site it says: 'For the year from 6 April 2012 to 5 April 2013, a maximum of 20,700 skilled workers can come to the UK under Tier 2 (General) to do jobs with an annual salary below £150,000.' So my girlfriend could get a job at a cafe that is on the register of sponsors as long as 20,700 others have not done so before her? Is that right?

nipper88 wrote:

sushdmehta wrote:Register of sponsors - employers

That's great, thanks a lot! I see there are companies like spas and cafes etc too, which is promising. But even working full time, I doubt she'd meet the minimum income requirement. Surely that cannot be 150,000?!

Why would companies like cafes bother registering as a sponsor when they would hardly pay any migrant workers enough to meet the minimum requirement for Tier 2 visas?

Edit: On the UKBA site it says: 'For the year from 6 April 2012 to 5 April 2013, a maximum of 20,700 skilled workers can come to the UK under Tier 2 (General) to do jobs with an annual salary below £150,000.' So my girlfriend could get a job at a cafe that is on the register of sponsors as long as 20,700 others have not done so before her? Is that right?

A cafe chain can have administrative, IT & management level staff who get paid more than an average worker and most of them are skilled workers. (e.g: Developers etc)

If your g.f finds a job in UK before her TIER4 expires and switches to Tier2 she will need a unrestricted COS. There is no limitation on this. Say she has to leave UK cause she couldn't switch to another category and if she want to come back to UK on Tier2 (Employer sponsored) she will need a Restricted COS which has the annual allocation of 20,700. Also do note the job she does in UK must be graduate level.

Look at UKBA occupation list (Codes of practice)

Also if your g.f gets a job which is in shortage occupation list or a job which pays 150K she will be exempted from resident labour market test. But still has to meet other requirements. (Salary, English level etc)

Hope its clear now

Thanks for the reply!

By UKBA occupation list do you mean the register of sponsors (employers)?

So until her tier 4 visa expires, she can look for any job that meets the requirements and is with a sponsored employer without worrying about a cap on the figure (20,700)?

If she finds one for example that is 20k a year, she would have to take the resident labour market test? What is that test?

Gonna be hard pushed to find a masters level job in psychology!

nipper88 wrote:Thanks for the reply!

By UKBA occupation list do you mean the register of sponsors (employers)?

No. Look at this one

http://www.ukba.homeoffice.gov.uk/sitec ... e2012-cop/

Now look for the field that your g.fs job might fall into; for an e.g: I'm a developer and my job would come under Section J information and communication.

Now download the PDF and go through the job titles and job descriptions. Find the job description which closely matches with your g.fs job (her sector) and now look at the job title which defines her job description, now look at the minimum salary level for that job title.

e.g: Web developer - Developing websites, designing mocks, coding, etc - Minimum salary level £28,000 Year. So, the employer must be willing to pay her 28K minimum to employ her

So until her tier 4 visa expires, she can look for any job that meets the requirements and is with a sponsored employer without worrying about a cap on the figure (20,700)?

Yes correct. She should be only worried if she is applying from outside UK, Also remember she must have completed her studies in UK to be eligible to apply for Tier2

If she finds one for example that is 20k a year, she would have to take the resident labour market test? What is that test?

Minimum is 20K, but most of the jobs (See SOC above) are around 25-28K. Yes unless your g.fs job is listed in a "Shortage occupation" (http://www.ukba.homeoffice.gov.uk/busin ... ationlist/) list the company has to do a RLMT. (http://www.ukba.homeoffice.gov.uk/busin ... arkettest/)

RLMT is when the company advertises the job vacancy in national job center plus and websites. They must interview and then proof that the position cannot be filled by a UK resident. Look at UKBA website for more info.

Gonna be hard pushed to find a masters level job in psychology!

Good luck mate. Welcome to our (Skilled Immigrants) life in UK lol..

If you need any help regarding Tier2 feel free to ask ! (PM me if needed)

I believe that people transferring from Tier 4 to 2 are exempt from the RLMT requirement - can others confirm?

madona587 wrote:

nipper88 wrote:Thanks for the reply!

By UKBA occupation list do you mean the register of sponsors (employers)?

No. Look at this one

http://www.ukba.homeoffice.gov.uk/sitec ... e2012-cop/

Now look for the field that your g.fs job might fall into; for an e.g: I'm a developer and my job would come under Section J information and communication.

Now download the PDF and go through the job titles and job descriptions. Find the job description which closely matches with your g.fs job (her sector) and now look at the job title which defines her job description, now look at the minimum salary level for that job title.

e.g: Web developer - Developing websites, designing mocks, coding, etc - Minimum salary level £28,000 Year. So, the employer must be willing to pay her 28K minimum to employ her

So until her tier 4 visa expires, she can look for any job that meets the requirements and is with a sponsored employer without worrying about a cap on the figure (20,700)?

Yes correct. She should be only worried if she is applying from outside UK, Also remember she must have completed her studies in UK to be eligible to apply for Tier2

If she finds one for example that is 20k a year, she would have to take the resident labour market test? What is that test?

Minimum is 20K, but most of the jobs (See SOC above) are around 25-28K. Yes unless your g.fs job is listed in a "Shortage occupation" (http://www.ukba.homeoffice.gov.uk/busin ... ationlist/) list the company has to do a RLMT. (http://www.ukba.homeoffice.gov.uk/busin ... arkettest/)

RLMT is when the company advertises the job vacancy in national job center plus and websites. They must interview and then proof that the position cannot be filled by a UK resident. Look at UKBA website for more info.

Gonna be hard pushed to find a masters level job in psychology!

Good luck mate. Welcome to our (Skilled Immigrants) life in UK lol..

If you need any help regarding Tier2 feel free to ask ! (PM me if needed)

That's superb, thanks so much for your detailed reply, sorry to be so dumb

Ok so I looked at the list and selected the most suitable job category (Health) and then description (Psychologists). It says:

Minimum rates:
• Posts at Agenda for Change band 4 or equivalent £17,732
• Posts at Agenda for Change band 5 or equivalent £20,710
• Posts at Agenda for Change band 6 or equivalent £24,831
• Posts at Agenda for Change band 7 or equivalent £29,789
• Posts at Agenda for Change band 8 or equivalent £37,996

So does that mean a 17k per year job will also suffice to get a Tier 2 visa in the psychology sector?

In the RLMT section of the psychology section, it just says 'YES' next to Jobcentre, Newspapers, Internet etc. Does YES here mean that if my gf finds a suitable job that is listed on the register of sponsors but finds it through any of those channels (Jobcentre etc) the company she applies to will have to make her pass the RLMT?

I don't get how the RLMT can be avoided short of being head hunted or cherry picked, but that would surely be for nuclear scientists or similarly rare personnel!?

What are the realistic chances of her passing (not being supplanted by British applicants) the RLMT considering she is (will be) a masters graduate of psychology?

anniecc wrote:I believe that people transferring from Tier 4 to 2 are exempt from the RLMT requirement - can others confirm?

I damn well hope so!!!

nipper88 wrote:

madona587 wrote:

nipper88 wrote:Thanks for the reply!

By UKBA occupation list do you mean the register of sponsors (employers)?

No. Look at this one

http://www.ukba.homeoffice.gov.uk/sitec ... e2012-cop/

Now look for the field that your g.fs job might fall into; for an e.g: I'm a developer and my job would come under Section J information and communication.

Now download the PDF and go through the job titles and job descriptions. Find the job description which closely matches with your g.fs job (her sector) and now look at the job title which defines her job description, now look at the minimum salary level for that job title.

e.g: Web developer - Developing websites, designing mocks, coding, etc - Minimum salary level £28,000 Year. So, the employer must be willing to pay her 28K minimum to employ her

So until her tier 4 visa expires, she can look for any job that meets the requirements and is with a sponsored employer without worrying about a cap on the figure (20,700)?

Yes correct. She should be only worried if she is applying from outside UK, Also remember she must have completed her studies in UK to be eligible to apply for Tier2

If she finds one for example that is 20k a year, she would have to take the resident labour market test? What is that test?

Minimum is 20K, but most of the jobs (See SOC above) are around 25-28K. Yes unless your g.fs job is listed in a "Shortage occupation" (http://www.ukba.homeoffice.gov.uk/busin ... ationlist/) list the company has to do a RLMT. (http://www.ukba.homeoffice.gov.uk/busin ... arkettest/)

RLMT is when the company advertises the job vacancy in national job center plus and websites. They must interview and then proof that the position cannot be filled by a UK resident. Look at UKBA website for more info.

Gonna be hard pushed to find a masters level job in psychology!

Good luck mate. Welcome to our (Skilled Immigrants) life in UK lol..

If you need any help regarding Tier2 feel free to ask ! (PM me if needed)

That's superb, thanks so much for your detailed reply, sorry to be so dumb

Ok so I looked at the list and selected the most suitable job category (Health) and then description (Psychologists). It says:

Minimum rates:
• Posts at Agenda for Change band 4 or equivalent £17,732
• Posts at Agenda for Change band 5 or equivalent £20,710
• Posts at Agenda for Change band 6 or equivalent £24,831
• Posts at Agenda for Change band 7 or equivalent £29,789
• Posts at Agenda for Change band 8 or equivalent £37,996

So does that mean a 17k per year job will also suffice to get a Tier 2 visa in the psychology sector?

In the RLMT section of the psychology section, it just says 'YES' next to Jobcentre, Newspapers, Internet etc. Does YES here mean that if my gf finds a suitable job that is listed on the register of sponsors but finds it through any of those channels (Jobcentre etc) the company she applies to will have to make her pass the RLMT?

I don't get how the RLMT can be avoided short of being head hunted or cherry picked, but that would surely be for nuclear scientists or similarly rare personnel!?

What are the realistic chances of her passing (not being supplanted by British applicants) the RLMT considering she is (will be) a masters graduate of psychology?

Yes forgot to add that my bad. According to last rule change the company doesn't have to do a RLMT for those who switch from TIER4 to Tier2.

I saw someone posted here once that he was making less tha 20K but his salary was meeting the SOC requirement so he got his visa. I can't confirm this.

A good start would be for your g.f is to find a job asap with an employer who is already registered with UKBA. (These days most of the employers are aware of TIER2 so it would be a good idea to bring this up at the interview)

Sorry about missing the RLMT exemption in my earlier post.

madona587 wrote:

nipper88 wrote:

madona587 wrote:

nipper88 wrote:Thanks for the reply!

By UKBA occupation list do you mean the register of sponsors (employers)?

No. Look at this one

http://www.ukba.homeoffice.gov.uk/sitec ... e2012-cop/

Now look for the field that your g.fs job might fall into; for an e.g: I'm a developer and my job would come under Section J information and communication.

Now download the PDF and go through the job titles and job descriptions. Find the job description which closely matches with your g.fs job (her sector) and now look at the job title which defines her job description, now look at the minimum salary level for that job title.

e.g: Web developer - Developing websites, designing mocks, coding, etc - Minimum salary level £28,000 Year. So, the employer must be willing to pay her 28K minimum to employ her

So until her tier 4 visa expires, she can look for any job that meets the requirements and is with a sponsored employer without worrying about a cap on the figure (20,700)?

Yes correct. She should be only worried if she is applying from outside UK, Also remember she must have completed her studies in UK to be eligible to apply for Tier2

If she finds one for example that is 20k a year, she would have to take the resident labour market test? What is that test?

Minimum is 20K, but most of the jobs (See SOC above) are around 25-28K. Yes unless your g.fs job is listed in a "Shortage occupation" (http://www.ukba.homeoffice.gov.uk/busin ... ationlist/) list the company has to do a RLMT. (http://www.ukba.homeoffice.gov.uk/busin ... arkettest/)

RLMT is when the company advertises the job vacancy in national job center plus and websites. They must interview and then proof that the position cannot be filled by a UK resident. Look at UKBA website for more info.

Gonna be hard pushed to find a masters level job in psychology!

Good luck mate. Welcome to our (Skilled Immigrants) life in UK lol..

If you need any help regarding Tier2 feel free to ask ! (PM me if needed)

That's superb, thanks so much for your detailed reply, sorry to be so dumb

Ok so I looked at the list and selected the most suitable job category (Health) and then description (Psychologists). It says:

Minimum rates:
• Posts at Agenda for Change band 4 or equivalent £17,732
• Posts at Agenda for Change band 5 or equivalent £20,710
• Posts at Agenda for Change band 6 or equivalent £24,831
• Posts at Agenda for Change band 7 or equivalent £29,789
• Posts at Agenda for Change band 8 or equivalent £37,996

So does that mean a 17k per year job will also suffice to get a Tier 2 visa in the psychology sector?

In the RLMT section of the psychology section, it just says 'YES' next to Jobcentre, Newspapers, Internet etc. Does YES here mean that if my gf finds a suitable job that is listed on the register of sponsors but finds it through any of those channels (Jobcentre etc) the company she applies to will have to make her pass the RLMT?

I don't get how the RLMT can be avoided short of being head hunted or cherry picked, but that would surely be for nuclear scientists or similarly rare personnel!?

What are the realistic chances of her passing (not being supplanted by British applicants) the RLMT considering she is (will be) a masters graduate of psychology?

Yes forgot to add that my bad. According to last rule change the company doesn't have to do a RLMT for those who switch from TIER4 to Tier2.

I saw someone posted here once that he was making less tha 20K but his salary was meeting the SOC requirement so he got his visa. I can't confirm this.

A good start would be for your g.f is to find a job asap with an employer who is already registered with UKBA. (These days most of the employers are aware of TIER2 so it would be a good idea to bring this up at the interview)

Sorry about missing the RLMT exemption in my earlier post.

My gf is currently in a TIER4 visa which expires in February 2013. So, providing she gets a job with a UKBA registered company BEFORE the TIER4 visa expires, the RLMT will not apply and she can directly switch into Tier2, is that correct?

Also, can she get ANY job (not necessarily psychology related) as long as the employer is UKBA registered?

Thanks a lot by the way for all your help, you are our life line atm!! Sorry for seeming rude in my above post

Ok so from what I understand:

• - GF is in Tier 4 now, so she can apply for ANY job at a company that is on the UKBA register, in ANY field.
  
  - Because she's in Tier 4, she will be exempt from ALL RLMT's registered companies would otherwise have to do.
  
  - The job she applies for must meet the minimum wage for the sector it is in (eg, psychology: £17000ish).
  
  - She can apply directly to them or via searching the internet or job centre.

Is all the above correct?