Tier 2 Visa For International Students

Many international students are often confused about visa requirements for studying in the UK. Tier 4 visa, for most of the international students is that main route for visa to study in the UK. If you have already been studying in the UK for more than 12 months and would like to remain in the country after your studies have finished, you could apply for a Tier 2 visa.

International students face a plethora of immigration and visas intricacies, which are hard to understand. At the same time, they need to be aware of immigration and visa related consequences right from the writing stage of their Tier 4 sponsor licence application letter. It becomes very important for these students to carefully select an immigration and visas advisory firm in order not to create problems in their immigration status while they are residing in UK.

The Tier 2 visa is an immigration service used by a variety of different Individuals to enter the UK; including non-EU nationals and British companies. Unfortunately there are many myths surrounding this visa and its usage, so I’m here to clear things up a little.

Touriago is the leader in travel packages and visa services for international students.

We are committed to helping you fulfill your dreams of studying abroad.

Our team is made up of experts who have worked in the education industry for years, and we understand how difficult it can be for students to navigate this process. We provide you with everything you need: from advice on choosing the right school or program to finding affordable housing and ensuring your visa is approved. Our mission is to ensure that every student has access to the same opportunities that American students have.

The Tier 2 visa is a work permit for non-EU migrants. It allows you to work in the UK for up to five years, depending on the job you’re doing. You can apply for this visa if you’ve been offered a role that meets the minimum salary threshold and it’s been advertised on the National Health Service (NHS) jobs website, NHS Jobs.

The Home Office has recently changed its approach to Tier 2 visas. From 6 April 2017, all new applicants must have passed a language test before submitting their application. This applies even if your job does not require English language skills or if you’re exempt from taking it because of your education or experience in an English-speaking country. The test must be taken within three months of applying for your visa.

You may also need to pass a criminal record check (CRC) before being granted entry clearance as part of your application process. This depends on what type of job you’re being offered and where it’ll be located – check with your employer or recruiter if they’ve asked you to take one.

The UK has a points-based immigration system for international students who would like to work (or study) in the UK. As of 1 January 2021, this applies to nationals from the EU, EEA and Switzerland, as well as to nationals from outside Europe. Irish citizens, however, are an exception and will be able to continue to study and work in the UK without the need for visas or settled status.

Am I eligible for a visa?

Your eligibility will depend on which type of visa you apply for. There are different types of visa for different situations, but the most likely categories are ‘skilled worker’ or ‘temporary worker’ visas.

Prior to 2021, UK visas were organised into five ‘tiers’. These tiers have now been renamed, but you may still occasionally see ‘skilled worker’ visas being referred to as ‘Tier 2 visas’, for example. See the relevant sections below to find out the updated names for the most common visas for international students.

• GOV.UK – visas and immigration has details on the exact requirements for each type of visa.

Your visa application will be assessed by the Home Office and you will need to acquire a certain number of ‘points’ for your application to be successful. These points are awarded based on skills, experience, age, salary of job offer and demand, in cases where the UK has a shortage of qualified personnel. The points required, the manner in which they are awarded, and if there are any additional requirements will depend on the type of visa.

Prepare your documentation and check the earliest you can apply for your visa carefully (this will depend on the type of visa and whether you are applying from inside or outside the UK). GOV.UK provides thorough guidance notes for each type of visa. UKCISA (the UK Council for International Student Affairs) and your university’s international students’ office can both offer help and advice. Law clinics and advice centres may offer free advice around visas, and you could also seek help from legal professionals specialising in immigration (you are likely to need to pay for this).

You will also need to pay a fee for each visa application, which will depend on the type of visa. In addition to this, you will need to pay a healthcare surcharge for each year that the visa will be active and a fee for supplying your biometric information (usually fingerprints and a digital photo of your face). These fees apply even if you are ‘extending’ or ‘switching’ a currently held UK visa.

Explaining your visa to employers

Requirements for visas underwent a large change in October 2020 and are likely to continue to change; it can take some time for employers to familiarise themselves with the new requirements. You can direct them to a number of available up-to-date sources if they would like to understand more about your visa.

Changing from a student visa to a different visa

If you are currently studying in the UK with a student visa (previously called a Tier 4 (student) visa), you may be able to ‘switch’ to another form of visa. The switching requirements vary on the type of visa you apply for, but will usually be the same as if you were applying for the visa from outside the UK. For example, if you want to switch from a student visa to a skilled worker visa, you will need a qualifying offer of employment from a sponsoring employer. You will need to apply to switch before your current visa expires. Further details about the requirements for switching to each visa can be found on the GOV.UK website.

Extending a student visa

It is possible to extend your student (or Tier 4) visa if it is due to expire, provided that your circumstances haven’t changed and that you still meet the eligibility criteria. It is important to apply before your current visa expires so that you aren’t classed as having overstayed by the Home Office.

Doctorate extension scheme

This provides an extension which allows PhD students close to completing their research to extend their student (or Tier 4) visa for another 12 months. This could be to gain more experience in their specialist field or to find skilled employment.

The new graduate immigration route

A new immigration route for international students who have studied and completed a degree in the UK started on 1 July 2021. The graduate visa allows graduates to work and secure employment in most roles in the UK, regardless of skill level or starting salary. As well as this, those with the visa can work on a self-employed basis, undertake voluntary work and return to the UK if they travel abroad. Those who live with a partner and/or children who are eligible to stay in the UK can continue doing so. On the flip side, the graduate visa does not allow for application for most benefits or the state pension, or work as a professional sportsperson.

To qualify for this, graduates must have completed an eligible course at a higher education provider in the UK. The graduate visa lasts for two years for most graduates, and three years for those who have completed a PhD.

• GOV.UK gives further details on eligibility and how to apply for a graduate visa here.

Skilled worker visa

With a skilled worker visa (formerly known as a Tier 2 visa), you are eligible to work in the UK for up to five years. You must have a job offer from an approved employer and for an eligible occupation (the Home Office has a register of licensed sponsor employers and qualifying occupations).

Your sponsor is responsible for confirming the role is eligible for a skilled worker visa, and that you can fulfil the job requirements. You will then be given a Certification of Sponsorship (CoS) to prove this.

The following conditions must be met:

• Skilled work – the role must meet a required skill level (typically at qualification level 3 or above, which is equivalent to A levels).
• A minimum salary of £25,600 or the ‘going rate’ for the job opportunity – you can see a list of ‘going rates’ on GOV.UK. See below for more information about possible exemptions to salary requirements
• You must meet English language requirements. You may need to take an assessment to prove this. You are likely to be exempt if you graduate from a UK university or from a course that was taught primarily in English.

There may be exemptions to the minimum salary requirements for jobs if you fulfill certain criteria. You can qualify for a visa with a salary of between 70–90% of the occupation’s ‘going rate’ if:

• you are under 26
• you are a student, in professional training or have graduated in the past two years
• your job is in a ‘shortage occupation’ (where the UK government has identified that there aren’t enough UK residents to fill these jobs)
• you have a PhD – science, technology, engineering and mathematics (STEM) PhDs allow for a lower qualifying salary than PhDs in other subject areas
• you hold a postdoctoral position in higher education or in research.

Applying for a Skilled Worker visa from outside the UK

In some cases, if the applicant’s period of leave is due to expire and there is little time to make a compelling application, it may require the individual to return to their home country to avoid overstaying, to allow time for the application to be built. Restrictions that previously applied to the Tier 2 visa have been removed under the new Skilled Worker route, meaning it is possible to apply for the Skilled Worker visa from overseas after a period of leave as a student. The applicant may also still qualify as a new entrant.

Sponsoring students skilled worker visa switchers

One of the fundamental requirements of hiring under the Skilled Worker route is that your organisation holds a valid sponsorship licence, and pays the relevant fees to recruit and sponsor points-based visa workers, such as the Immigration Skills Charge.

The next step is to assign a Certificate of Sponsorship to certify that the role and applicant meet the visa requirements.

The individual then makes their visa application to the Home Office using the CoS. This has to be submitted within 3 months of the CoS being issued and no more than 3 months before the intended start of employment.

Importantly, the CoS is not transferrable between individuals. You have to issue a new CoS for each individual applicant.

Remember that as a UK sponsor licence holder, you will be operating under a number of immigration compliance duties in respect of your sponsored workers. This includes a duty to notify the Home Office if there is unexplained absence or the individual leaves your employment early. Failure to meet these duties could result in penalties, impacting your ability to employ sponsored workers.

Supporting student to skilled worker switchers 

We recommend assisting the applicants with their visa application to the Home Office, ensuring their paperwork is all present and correct, that the correct fees are paid, and generally helping to avoid errors that could otherwise cause delay or issues with their ability to join your organisation.

The documentary evidence element of the application, in particular, can be difficult for applicants to satisfy without guidance.

Student visa holders should be reminded that the application has to be made before the expiry date of their current period of leave. Provided the application is submitted before this date, should their leave expire, it will be extended automatically without overstaying issues until a decision is made.

It will also be worth making the individual aware that they should not travel until the outcome of the application. Leaving the UK, Ireland, the Channel Islands or the Isle of Man while a Home Office decision is pending will automatically withdraw the application.

Should the applicant need to travel overseas urgently, take advice. In most cases, if the individual still has valid leave under their student visa, they will be permitted to travel and return to the UK, but their Skilled Worker visa application will have been forfeited and a new application would be needed, and the application fee payable again.

Conclusion

It is legally possible for tier 2 international students to migrate to the UK after graduation. The Home Office does not want international students to remain in the country, but it allows them to leave with a tier 2 visa. These 20 year old graduates can then return to the UK once they are able and have the right English language skills and qualifications to secure employment.