Tier 1 Post-Study Work: degree & maintenance!
Nov 1, 2009
According to the UK Border Agency, the Tier 1 Post Study Work category is intended to help foreign students who have invested time and resources in obtaining an education in the UK to enter the labour market. However, submitting an application without a full understanding of the immigration requirements might lead to disappointment, delay and more significantly a prospective 12 months re-entry ban when things turn from bad to the worse. Hereby, follows a non-exhaustive list to keep in mind when making an application:
1) Kan- v- SSHD[ 2009] AIT 2002 decided that in order to be awarded the points the applicant must have been awarded the qualification and it is not sufficient to provide a letter that the qualification will be awarded in the future. Where the appellant has obtained the qualification but is yet to be awarded the degree certificate, then an official letter by the academic institution providing details of the awarding body may be produced.
2) NA (Tier 1 Post-Study) -v- SSHD [2009] AIT 00025 confirmed that an applicant must have held the required funds in the amount of £800 during a three-month period of time immediately before the application. It is not possible to rely on s.85(4) of the Nationality, Immigration and Asylum Act 2002 to succeed on appeal by proving the appellant had the funds for a period of time subsequent to the date of application.
Finally, the statement of changes in the Immigration Rules CM7701 with effect from 1st October 2009, broadens the eligibility of the Tier 1 Post Study Work category to include migrants who have studied for an eligible qualification whilst in the UK in any leave category that did not prohibit study.
Please contact us if you have any additional questions or wish to discuss any aspect your immigration status in the light of these changes.
If you have an enquiry relating to your immigration status or you ability to work in the UK, we can assist you in your application. Please contact us or book an appointment.
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