ICS Legal UK Visa and Immigration Advice

Post Study Workers - Eligibility

To be eligible under this category, you must meet the requirements under the immigration rules at paragraphs 245V - 245ZA of part 6a. The requirements sets out that you must score 75 points on the main category, 10 points for English Language requirements and 10 points for maintenance.

If you do not score a minimum of 75 points for your attributes and 10 points for English language and 10 points for available maintenance (funds), your application will be refused.
You must supply all the required documents and they must be originals.

The immigration rules at paragraphs 245V to 245ZA of part 6a, states that the following points are awarded for the following categories: Please note you must score 95 points in total.

 United Kingdom qualification;
 studied at United Kingdom institution;
 immigration status during United Kingdom study and/or research;
 date of award of qualification;
 English language;
 maintenance (funds).

United Kingdom Qualification

To score 20 points, the qualification must meet the guidelines set out by the Home Office.
A United Kingdom recognised degree at bachelor's or postgraduate level. For your qualification to be considered a United Kingdom recognised degree at bachelor's or postgraduate level, it must have been awarded by a United Kingdom recognised body.
A United Kingdom recognised body is an institution which has been granted degree awarding powers by a Royal Charter, an Act of Parliament or the Privy Council. All United Kingdom universities and some higher education colleges are United Kingdom recognised bodies.

Further information on United Kingdom recognised bodies can be found on the website of the Department for Innovation, Universities and Skills on the right of this page.
You will not be awarded points for a postgraduate certificate or postgraduate diploma, except a Postgraduate Certificate in Education.

Qualifications that cannot be used for the award of points include:

 foundation degrees;
 honorary degrees;
 qualifications awarded in the United Kingdom by overseas awarding bodies;
 qualifications undertaken in overseas campuses of United Kingdom institutions;
 professional and vocational qualifications; and
 postgraduate certificates or diplomas.

Education Institution
The Home Office awards 20 points for the education institution if they are a licence holder. The following applies to the education institution:

a) The education institution must be a United Kingdom recognised body is an institution which has been granted degree awarding powers by a Royal Charter, an Act of Parliament or the Privy Council. All United Kingdom universities and some higher education colleges are United Kingdom recognised bodies. A United Kingdom listed body is an institution that is not a United Kingdom recognised body but one which provides full courses that lead to the award of a degree by a United Kingdom recognised body.

The United Kingdom recognised bodies and United Kingdom listed bodies that are on the Department for Innovation, Universities and Skills website are also set out in statutory instruments (this is supplementary law which puts into effect specific details that are described in the parent act). These are available on the website of the Office of Public Sector Information, which you can find on the right of this page.

b) If you are claiming points for an HND from a Scottish institution, you will not be required to have studied the HND at an institution that is a recognised or listed body. However, the HND must have been studied at a Scottish publicly funded institution of further or higher education, or at a Scottish genuine private education institution which maintains satisfactory records of enrolment and attendance. A genuine (or bona fide) private education institution is defined in paragraph 6a of the immigration rules, which you can find on the right of this page.
The Scottish institution must be on the Register of Education and Training Providers list which is available on the Department for Innovation, Universities and Skills website, which you can find on the right of this page.

c) The student tier (tier 4) of the points-based system will be introduced during spring 2009. After it is launched, students must be sponsored by an institution that is on the register of sponsors. Institutions can start to register from summer 2008.

From summer 2008 post-study workers can meet this requirement of the attributes points scoring section by providing details of an institution that is held on the student tier of the register of sponsors.

Immigration Status

You can claim 20 points if you can show that during your period of study and/or research in the United Kingdom, you had permission to enter or stay in the United Kingdom as a:

 student; or
 student nurse; or
 student resitting an examination; or
 student writing up a thesis; or
 dependant of someone with leave in any category that allows dependants to join them in the United Kingdom.

Home Office will not allow you to get any points if you have been on a different category, which is not listed above. Home Office will refuse your application and you will not receive any refund.

You do not need to have lived in the United Kingdom throughout the entire period of your study. It is reasonable to expect, for example, that as a student you may have studied overseas and/or done research while getting the qualification you are claiming points for.
A dependant would be entitled to claim 20 points for this attribute, but if they are still in the United Kingdom they are unable to switch into becoming the main applicant for post-study worker. The dependant would have to leave the United Kingdom and make an application overseas for entry clearance.

Date of Qualification

You can claim 15 points if your qualification that you are claiming points for was obtained within the 12 months immediately before your application for permission to enter or stay (known as 'entry clearance' or 'leave to remain') as a post-study worker.

The definition of the date of award is the date on which you were first notified in writing, by the awarding institution, that the qualification has been awarded is the date on which the qualification was obtained (known as the date of award). The date of graduation is not accepted.

English Language Requirements

If you have scored 75 points on the above categories, you will score points under the English Language requirements automatically.

Maintenance

There are different requirements if you are applying from inside or outside of the United Kingdom. If you are applying from within the United Kingdom, the balance must show that you have had at least £800 in your account at all times over the three-month period. If you are applying from outside the United Kingdom, the balance must show that you have had at least £2,800 in your account at all times over the three-month period.

Evidence must be in the form of cash funds. You can show the following to meet this criteria:
The personal bank or building society statements should clearly show:

 your name;
 the account number;
 the date of the statement;
 the financial institution's name and logo;
 transactions covering the three-month period;
 that there is enough funds present in the account; and
 that there has been enough money present in the account for the past three months.

If you wish to send electronic bank statements from an online account these must contain all of the details listed above. In addition, you will need to send a supporting letter from your bank, on headed paper, confirming that the statements are genuine. Alternatively, electronic bank statements with the official stamp of the bank that issued the statements will be accepted. The stamp must appear on every page of the statement.

The building society passbook should clearly show:

 your name;
 the account number;
 the financial institution's name and logo;
 transactions covering the three-month period;
 that there has been enough money present in the account for the past three months.

The letter from a bank or building society should state:

 your name;
 the account number;
 the date of the letter;
 the financial institution's name and logo;
 the funds held in your account; and
 that enough funds have been in the bank for at least three months.

The letter from the financial institution regulated by the Financial Services Authority (FSA) or home regulator should state:

 your name;
 the account number;
 the date of the letter;
 the financial institution's name and logo;
 the funds held in your account; and
 that the funds have been in the bank for at least three months.

ICS Legal can help you prepare the application and ensure you have met the requirements. The Tier 1 Post Study Work allows you to work in the UK after you have completed a course, and we can process your application on a same day service. Applications are normally taken into consideration in the morning, validated and then we receive the case decision in the afternoon.

ICS Legal works very closely with higher educational institution and have built a reputation in ensuring those graduated have the ability to move into the working category. Our ethic is to be honest and transparent to out services.