Routes to settlement in the UK in the light of the changes introduced into the Immigration Rules in April 2012
Working in the UK on completion of studies after closure of PSW route
• Introduction of the new Graduate Entrepreneur Route
• Switching to Tier 2 (General) category
• Switching to Tier 1 (Entrepreneur) category
• Settlement in the UK: the present and the future
Settlement categories
• Long residence: after 10 years
• Long residence: 14 years of any legality
• Five years in a qualifying category
• With accelerated settlement option for investors and entrepreneurs
• Two years on a spouse visa
• Six years on discretionary leave to remain
Limit on the time permitted for studying
• Studying at degree level is limited to 5 years with the following exceptions:
o Those studying for a Master’s degree on completion of a 4 or 5 years’
Bachelor’s degree, in which case they are allowed 6 years
o Those studying for a PhD at an Higher Educational Institution. However, if after completing the PhD the total time spent on Tier 4 exceeds 8 years, no further leave will be granted under Tier 4
o Exemption for those following courses in:
o Architecture
o Medicine
o Dentistry
o Veterinary Medicine
o Law
o Music
• The 5 year limit will operate in addition to time spent studying below degree level
Introduction of Graduate Entrepreneur Scheme
• New immigration category for graduates who have been identified by Higher
Education Institutions as having developed world class innovative ideas or
entrepreneurial skills, to extend their stay in the UK after graduation to develop
their business.
• There are 1000 places divided between 88 participants
• Applicants will need to be in the UK and sponsored by the Higher Education
Institution from which they have been awarded a Bachelor’s degree, Master’s
degree or PhD
• Successful applicants will be granted leave for 12 months initially, which may be
extended for a further 12 months
• Right to work for up to 20 hours
• Time in this category will not count towards settlement
New rules for Tier 2 (General) category
• Restricted settlement right: salary not less than £35K from
summer 2016
• Time in this category now limited to six years
• No right of return under the same category for 12 months for
those who have completed their 6 years
• Right to switch into Tier 1 Entrepreneur or Investor category
• Alternative settlement under the long residence rule remains
an option
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