# Naturalisation and post-study work visa?



## celavie77 (Sep 19, 2011)

So I was looking at the UK visa requirements and naturalization possibilities, and I was just wondering if time spent on a tier 1 post-study work visa could count toward the naturalization requirement? Or does the residency have to all be on one tier of a work visa?

On another note, the post-study work visa doesn't make it easier to be employed does it? Like, you still need to essentially be more qualified than anyone in the EU to get a job, even with this two year post study visa? Can you work odd jobs to support yourself while searching for an employer to sponsor you? Well I guess that does seem counterintuitive...

I guess, does the post-study work visa just extend the amount of time you can stay in the UK to find a job? But you need to have your own funds to support yourself, just like as a student? 

Thanks in advance for any help!


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## Joppa (Sep 7, 2009)

celavie77 said:


> So I was looking at the UK visa requirements and naturalization possibilities, and I was just wondering if time spent on a tier 1 post-study work visa could count toward the naturalization requirement? Or does the residency have to all be on one tier of a work visa?
> 
> On another note, the post-study work visa doesn't make it easier to be employed does it? Like, you still need to essentially be more qualified than anyone in the EU to get a job, even with this two year post study visa? Can you work odd jobs to support yourself while searching for an employer to sponsor you? Well I guess that does seem counterintuitive...
> 
> I guess, does the post-study work visa just extend the amount of time you can stay in the UK to find a job? But you need to have your own funds to support yourself, just like as a student?


Current rules for PSW visa require you to have a degree or equivalent qualification from a UK institution awarded within the last 12 months but there is no rule about the kind of job you can go for. 

Any time you spend on PSW visa doesn't count towards indefinite leave to remain (ILR), the prerequisite for naturalisation, neither does any period you spend as student. So the 5-year clock only starts when you get another eligible type of points based system visa, and you need to be on ILR for one year before eligible for naturalisation, so 6 years in total. If you marry or enter civil partnership with British citizen, the residence requirement is reduced to 3 years, and you can apply for naturalisation as soon as you get ILR. So if you get married etc while you are on PSW visa, you can then apply for spouse visa, and after two years you get ILR, and after a further year you become eligible for naturalisation.

The new rules coming in April next year will abolish PSW visa. From then on, you need the offer of a graduate-level post, with minimum income, in order to get Tier 2 work visa but your potential employer doesn't have to pass residential labour market test (i.e. advertising the post and not getting suitable applicants). So you cannot take on any job, like low-skilled one, while you look for graduate-level work. If you are currently in UK on student visa, you should look for offer of a graduate-level job and then switch to Tier 2 work visa. You need to be on this visa for 5 years before you get ILR, and a further year for naturalisation, unless you marry or form civil partnership with a British citizen.

Any points based work visa carries the condition of no access to public funds.


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## celavie77 (Sep 19, 2011)

Joppa said:


> The new rules coming in April next year will abolish PSW visa. From then on, you need the offer of a graduate-level post, with minimum income, in order to get Tier 2 work visa but your potential employer doesn't have to pass residential labour market test (i.e. advertising the post and not getting suitable applicants). So you cannot take on any job, like low-skilled one, while you look for graduate-level work. If you are currently in UK on student visa, you should look for offer of a graduate-level job and then switch to Tier 2 work visa. You need to be on this visa for 5 years before you get ILR, and a further year for naturalisation, unless you marry or form civil partnership with a British citizen.
> 
> Any points based work visa carries the condition of no access to public funds.


Wait, why does the potential employer not need to advertise for/prefer EU nationals? If you graduate from a UK institution you don't have to be more qualified than everyone in the EU? Wait, that's so weird! How's that possible?

I'm planning on possibly studying for a graduate degree in interpreting/translating in the UK so that's why I'm curious.

On another note, since a lot of translators/interpreters work as freelancers, is there any opportunity to freelance/be self-employed, kinda like the auto-entrepreneur opportunity in France, that allows you to stay in the UK?

Ha I'm not as much of a pest as these questions make me sound, I promise.


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## Joppa (Sep 7, 2009)

celavie77 said:


> Wait, why does the potential employer not need to advertise for/prefer EU nationals? If you graduate from a UK institution you don't have to be more qualified than everyone in the EU? Wait, that's so weird! How's that possible?


That's the concession for unis who are set to lose a large proportion of income from foreign students with the abolition of PSWV. So to give them a sweetner, Tier 2 visa will be available to recent graduates of UK instituitions if they manage to secure a graduate-(pay) level job, and they don't have to be the only candidate qualified to do the job. 



> I'm planning on possibly studying for a graduate degree in interpreting/translating in the UK so that's why I'm curious.
> 
> On another note, since a lot of translators/interpreters work as freelancers, is there any opportunity to freelance/be self-employed, kinda like the auto-entrepreneur opportunity in France, that allows you to stay in the UK?


No, it has to be a proper full-time job employed by a registered sponsor. Contract work and self-employment are excluded.



> Ha I'm not as much of a pest as these questions make me sound, I promise.


Hahaha. Pleased to help out.


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## celavie77 (Sep 19, 2011)

Joppa said:


> That's the concession for unis who are set to lose a large proportion of income from foreign students with the abolition of PSWV. So to give them a sweetner, Tier 2 visa will be available to recent graduates of UK instituitions if they manage to secure a graduate-(pay) level job, and they don't have to be the only candidate qualified to do the job.


Hmmm but does the employer have to pay "foreigner fees" or anything like that, that would make it fairly unattractive to hire a non-EU national unless they're unbelievably skilled? Like, would I be able to get an entry-level job in, say, publishing? Or would it have to be a job that requires a specific skill set so the employer can justify to themselves, or to the Home Office, hiring a non-EU national?

Also, isn't this SO unusual? I don't think any other EU country has anything like this. And the UK has all sorts of immigration problems and controversies so I find this very surprising and sorta cool.


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## Joppa (Sep 7, 2009)

celavie77 said:


> Hmmm but does the employer have to pay "foreigner fees" or anything like that, that would make it fairly unattractive to hire a non-EU national unless they're unbelievably skilled? Like, would I be able to get an entry-level job in, say, publishing? Or would it have to be a job that requires a specific skill set so the employer can justify to themselves, or to the Home Office, hiring a non-EU national?
> 
> Also, isn't this SO unusual? I don't think any other EU country has anything like this. And the UK has all sorts of immigration problems and controversies so I find this very surprising and sorta cool.


The only fee the employers have to pay is for being a registered sponsor which is between £310 and £1025 depending on types of workers you sponsor and size of company, which isn't a lot.

The job has to be at graduate-level, which means a pay of at least £24,000 for a graduate trainee and a commensurate qualification.

Following the abolition of PSWV, a registered employer can still offer a graduate-level job to any recent UK graduate, who can apply for Tier 2 visa. 
As I've said, this is a concession to unis so that they can continue to recruit lucrative overseas students with a possibility of a job in UK at the end of the course (though nobody can guarantee a job).

This is a generous provision - not as generous as soon-to-be abolished PSWV, as UK unis probably recruit more oversaes students proportionally as any other European country because of the world-wide reputation of UK university education and the English language, the most popular second language in the world.


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## celavie77 (Sep 19, 2011)

Joppa said:


> The only fee the employers have to pay is for being a registered sponsor which is between £310 and £1025 depending on types of workers you sponsor and size of company, which isn't a lot.
> 
> The job has to be at graduate-level, which means a pay of at least £24,000 for a graduate trainee and a commensurate qualification.
> 
> ...


You've been SO helpful! Unfortunately, I have to bother you some more.

For naturalisation/right of abode/settlement (I know, I know, it's years off, but I tend to think in intervals of ten years!) do you have to be on the same tier of visa? Like, if I got a job after graduating, and worked for a couple years on a tier 2 work visa, but then - I don't know - got enough money/investors to start a licorice-themed amusement park, and subsequently shifted to a tier 1 entrepreneur visa, would I essentially have "lost" those two years on the tier 2 visa in terms of meeting the residency requirements? I think i read somewhere that all the years have to been on the same tier of visa. I know that there's settlement after ten years regardless of the tier of visa or if it was temporary or not, but I can't say it's very appealing to plan to only apply for naturalization after 10-11 years...


It seems like there are so many ways to not have your years in the UK count towards the residency requirement! I guess that's the tradeoff for free healthcare and the chance to work and stay after graduating. I don't think even Australia offers free healthcare right off the bat for immigrants, and from what I gather Australia seems very immigrant-friendly in terms of laws.

And about the entrepreneur visa, theoretically could you work part time on that visa, while also working on your business? I noticed that there's this non-profit, Entrepreneur First, that offers the chance to start a business for recent graduates, even for international graduates. It does seem like a pipe dream though; I always planned on owning a little bakery or tiny restaurant (I know, most volatile industry EVER), but like 20 years from now when I've saved up the money. If I couldn't work in addition to working on the business right after graduating, I could never afford to live. LOL you're learning so much about me.

And, again about the jobs, I read that you still have to meet the criteria for a tier 2 visa in order to get a job. Does that mean that the job has to be on the occupations shortage list? and the employer has to be licensed to employ non-EU nationals. Is that a difficult thing to be, licensed I mean? Or are most big employers licensed, or is it easy to get licensed quickly? For example, I'd love to work for BBC Monitoring (lots of translating and languages) after graduating, but I imagine they probably aren't licensed just because they have so many EU nationals to choose from. Then again, I guess if the whole BBC is licensed the Monitoring service might be too. 

Thanks again!


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## Joppa (Sep 7, 2009)

celavie77 said:


> You've been SO helpful! Unfortunately, I have to bother you some more.
> 
> For naturalisation/right of abode/settlement (I know, I know, it's years off, but I tend to think in intervals of ten years!) do you have to be on the same tier of visa? Like, if I got a job after graduating, and worked for a couple years on a tier 2 work visa, but then - I don't know - got enough money/investors to start a licorice-themed amusement park, and subsequently shifted to a tier 1 entrepreneur visa, would I essentially have "lost" those two years on the tier 2 visa in terms of meeting the residency requirements? I think i read somewhere that all the years have to been on the same tier of visa. I know that there's settlement after ten years regardless of the tier of visa or if it was temporary or not, but I can't say it's very appealing to plan to only apply for naturalization after 10-11 years...


You can be on different immigration categories during the qualifying period (3 or 5 years), provided the time you spend on a particular leave counts towards residency requirement. And unless you are married to or in civil partnership with a British citizen, you need to be on indefinite leave to remain (permanent resident) for at least a year before you can apply.



> It seems like there are so many ways to not have your years in the UK count towards the residency requirement! I guess that's the tradeoff for free healthcare and the chance to work and stay after graduating. I don't think even Australia offers free healthcare right off the bat for immigrants, and from what I gather Australia seems very immigrant-friendly in terms of laws.


Immigration requirement is less strict where there is a clear economic benefit to the country. As for NHS, it's the best system in the world if it works... sometimes!



> And about the entrepreneur visa, theoretically could you work part time on that visa, while also working on your business? I noticed that there's this non-profit, Entrepreneur First, that offers the chance to start a business for recent graduates, even for international graduates. It does seem like a pipe dream though; I always planned on owning a little bakery or tiny restaurant (I know, most volatile industry EVER), but like 20 years from now when I've saved up the money. If I couldn't work in addition to working on the business right after graduating, I could never afford to live. LOL you're learning so much about me.


You aren't supposed to engage in any employment (i.e. working for someone else) while you are on entrepreneur's visa, and all your living costs must be met from your business activities. You need a start-up capital of £200k (in cash).



> And, again about the jobs, I read that you still have to meet the criteria for a tier 2 visa in order to get a job. Does that mean that the job has to be on the occupations shortage list? and the employer has to be licensed to employ non-EU nationals. Is that a difficult thing to be, licensed I mean? Or are most big employers licensed, or is it easy to get licensed quickly? For example, I'd love to work for BBC Monitoring (lots of translating and languages) after graduating, but I imagine they probably aren't licensed just because they have so many EU nationals to choose from. Then again, I guess if the whole BBC is licensed the Monitoring service might be too.


If a licensed sponsor is offering a recent international graduate from UK uni a graduate-level job from April, no, the job doesn't have to be on shortage list and they don't have to pass resident labour market test. It's not too difficult to be a licensed sponsor, but there is a strict procedure to follow and the company will be visited in person by UKBA staff to verify the details. A big corporation like BBC is likely to be a licensed sponsor already. There is a long list of sponsors in http://www.ukba.homeoffice.gov.uk/s...nsors/pointsbasedsystem/pbsregisterofsponsors


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## celavie77 (Sep 19, 2011)

Joppa said:


> You can be on different immigration categories during the qualifying period (3 or 5 years), provided the time you spend on a particular leave counts towards residency requirement. And unless you are married to or in civil partnership with a British citizen, you need to be on indefinite leave to remain (permanent resident) for at least a year before you can apply.
> 
> 
> 
> ...


Well, actually I looked it up, and you only (lol "only") need 50,000 pounds if the money is from venture capital firms and the like, and Entrepreneur First puts you in contact with those sorts. So it COULD be viable, if only there was some way to support myself during the 2+ years it would take to make a profit.

Thanks so much for that list! I guess working in Devon/Cornwall is sort of out of the question after graduating; most of the employers on that list in the Southwest are care homes! Not quite in my potential skill range hah.


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