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Right to Work FAQs
General information about Certificates of Sponsorship (CoS)
- What is the Points Based Immigration System (PBIS) and Certificates of Sponsorship
(CoS)?
- Which are the EEA countries?
- What are the various tiers of the PBIS?
- What do Certificates of Sponsorship look like?
- How long after a post is advertised do I have to obtain a CoS for the successful applicant?
- What is the maximum amount of time that a CoS can be issued for?
What is the Points Based Immigration System (PBIS) and Certificates of Sponsorship (CoS)?
A non EEA or Swiss national will need to pass a points based assessment before being given permission to enter or remain in the UK and, if applying under Tier 2 or 5, will require a sponsor to do so. UCL will issue a CoS to an applicant with a job offer, or a sponsored researcher, when satisfied that there has been strict adherence to the sponsorship duties detailed by the Home Office UK Border Agency.
Which are the EEA countries?
An up-to-date list of countries in the European Economic Area (EEA) together with details of other citizens who do not need permission to work in the United Kingdom can be found on the UK Border Agency website: http://www.ukba.homeoffice.gov.uk/eucitizens/.
What are the various tiers of the PBIS?
Tier 1- Exceptional Talent or Post Study Worker
The Tier 1 (Exceptional Talent) visa route is available for exceptional people in the natural sciences, medical sciences, engineering, social sciences and humanities and the arts who wish to enter the UK. People may apply to enter the UK through this route if:
- They are demonstrated to be world leaders in their field (exceptional talent); or
- They have demonstrated the potential to become world leaders in their fields (exceptional promise).
There is an annual limit of 1000 places per annum, nationally.
Applicants should apply directly to the UK Border Agency. The UK Border Agency will send the documentation to one of four designated Competent Bodies (the Royal Society, Arts Council England, the Royal Academy of Engineering and the British Academy) who will advise whether the applicant meets the exceptional talent or exceptional promise criteria.
There will be no single definition of "exceptional talent". The criteria applied by each of the Designated Competent Bodies when deciding whether a particular applicant is “exceptionally talented” are published on the UK Border Agency website.
For further information see the UK Border Agency website
The Tier 1 Post Study Worker route is only open until April 2012. Applicants should apply directly to the UK Border Agency.
An applicant who is in one of these categories is free to look for a job (with only limited exceptions) without requiring employer sponsorship.
Tier 2- Sponsored skilled worker
Linked to specific employment. An applicant must meet specific requirements about the type of job, salary and qualifications. Individuals will also need to meet English language and financial maintenance requirements.
Tier 5- Sponsored Researchers
Limited to specific sponsorship arrangements. Please see the questions on sponsored researchers for more information.
What do Certificates of Sponsorship look like?
The CoS is not an actual certificate or paper document but is a virtual document similar to a database record. Each CoS has a unique reference number and contains information about the job for which the CoS is being issued, as well as the migrant’s personal details. When a CoS is issued the applicant will need to take this to their Embassy or Overseas Diplomatic post (out of the UK) or Home Office (in UK) to continue the points based assessment.
How long after a post is advertised do I have to obtain a CoS for the successful applicant?
If you want to sponsor a migrant to do a job that you have advertised a CoS must be obtained no more than six months after you first advertised the job. The only exception to this is Research Associate/Research Fellow roles where a CoS must be granted within 12 months of the job being advertised. After a CoS is obtained a leave to remain application must be made within three months of the CoS being granted, else it will expire.
What is the maximum amount of time that a CoS can be issued for?
A CoS can last for a maximum of three years. When this is coming to an end an extension must be applied for. The extension can take the total period up to a maximum of five years.
What do you want to do?
(Select a query from the drop down list above or click here to view the whole document)
What is the Points Based Immigration System (PBIS) and Ceritficates of Sponsorship (CoS)?
Applying for a CoS
- How can I determine if I would be eligible for a CoS?
- I have a current CoS with my employer but have taken a new job with UCL. Can I start work using my old CoS until my new one with UCL is approved?
- Who will pay for my application for a CoS?
After a CoS has been obtained
- I have been granted my CoS what do I need to do now?
- I have been granted a CoS why have I not received my certificate?
- Once I have received my CoS how long is my leave to remain application likely to take?
- Are there any time limits for receiving a CoS and applying for leave to remain?
- Who will pay for my leave to remain visa?
Meeting the maintenance check
- What funds are required for the maintenance check and how long must they be held for?
- What documents are required as proof for the maintenance check?
- I currently live overseas. How can I check I have the required funds to meet the maintenance check?
English language requirement
- How can I prove I have the necessary standard of English?
- If I need to take an English language test where can I take it?
- Who will pay for the English language test?
After receiving leave to remain
- Can I enter the UK before my job starts?
- I currently have leave to remain and am working at UCL, whose responsibility is it that my leave to remain does not expire?
- I have a current CoS or work permit, can I undertake supplementary work?
The Youth Mobility Scheme
- Am I eligible to work under the youth mobility scheme or working holidaymaker scheme?
Identity Cards for Foreign Nationals
- Who does this apply to
- How to enrol your biometrics
What is the Points Based Immigration Systems (PBIS) and Certificates of Sponsorship (CoS)?
A non EEA or Swiss national will need to pass a points-based assessment before being given permission to enter or remain in the UK and, if applying under Tier 2 or 5, will require a sponsor to do so. UCL will issue a CoS to an applicant with a job offer, or a sponsored researcher, when satisfied that there has been strict adherence to the sponsorship duties detailed by the Home Office UK Border Agency.
How can I determine if I would be eligible for a CoS?
The Border Agency has a self assessment points based calculator to determine whether a migrant worker would be eligible for a CoS. The calculator is available here: http://www.ukba.homeoffice.gov.uk/pointscalculator.
I have a current CoS with my old employer but have taken a new job with UCL. Can I start work using my old CoS until my new one with UCL is approved?
No, the CoS is job specific and you must wait before a CoS is approved for your new role at UCL and you are granted entry clearance or further leave to remain by the Border Agency before you start work.
Who will pay for my application for a CoS?
UCL will pay for the application for a CoS. You would need to pay the costs for any dependents who are seeking a visa.
I have been granted my CoS what do I need to do now?
On receipt of the CoS a member of HR Consultancy will be in contact to provide advice on what the next steps are. The action required differs depending upon whether you are already in the UK or in another country. You will need to quote the CoS number as part of the application process to either enter or remain in the UK. As part of this process the UKBA will refer to the information provided when obtaining the CoS.
I have been granted a CoS but I have not received my certificate?
The CoS is not an actual certificate or paper document but is a virtual document similar to a database record. Each CoS has a unique reference number and contains information about the job for which the CoS is being issued, as well as your personal details.
Once I have received my CoS how long is my leave to remain application likely to take?
Information about current timescales is updated regularly and can be found on the UK Border Agency website here.
Are there any time limits for receiving a CoS and applying for leave to remain?
Yes you must have been granted a CoS within 6 months of the job being first advertised. The only exception to this is Research Associate/ Research Fellow roles where you must have been granted a CoS within 12 months of the job being advertised. Once you obtain a CoS you must apply for leave to remain within 3 months else it will expire. In addition leave to remain can only be applied for within 3 months of the commencement of your employment, as stated in your CoS.
Who will pay for my leave to remain visa?
It depends on the situation. If you are in country then UCL will normally pay for the further leave to remain postal application for you. Dependents will not be paid for by UCL. Higher cost 'in person' applications will be paid for by you. If you are applying for a visa from outside the UK you will need to pay the costs of the application yourself. This process will be less costly if you apply for leave to remain for any dependent at the same time as your own application.
What funds are required for the maintenance check and how long must they be held for?
Evidence needs to be provided that you have £800 of available funds which must have been held for a minimum of three months immediately before the date of application. You will also need evidence of £533 per dependent who is accompanying you which must have been held for the same time period.
What documents are required as proof for the maintenance check?
Only the following specified documents will be accepted as evidence of proof of funds:
i) Personal bank or building society statements covering three full consecutive months. The most recent statement must be dated no earlier than one calendar month before the date of the application.
ii) Building society pass book covering the three month period.
iii) Letter from bank confirming funds and that they have been in the bank for at least three months.
iv) Letter from a financial institution regulated by either the Financial Services Authority or, in the case of overseas accounts, the home regulator (official regulatory body for the country in which the institution operates and the funds are located) confirming funds. For more information please see pages 36-39 of Border Agency guidance for tier 2 which can be downloaded from here.
I currently live overseas. How can I check I have the required funds to meet the maintenance check?
The Border Agency will use the website http://www.oanda.com/ to convert currencies. You should use this website to assess whether you have the required amount to meet the maintenance check in pounds sterling. Alternatively UCL can issue a letter underwriting the maintenance of up to £800 for the first month. UCL will not normally underwrite dependents so you will still need to provide evidence of this separately.
How can I prove I have the necessary standard of English?
There are three ways that you can meet the English Language requirement:
- Be a national of a predominantly English speaking country. Nationals from the following countries automatically meet the English language requirement: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; The United States of America.
- Pass an English language test
- Hold a degree that was taught in English and is equivalent to a United Kingdom Bachelors degree or above.
If I need to take an English language test where can I take it?
See this page http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/approvedenglishtestst2.pdf for a list of tests that are accepted by the Border Agency.
Who will pay for the English language test?
You will need to pay for any English language test you need to take; this will not be paid for by UCL.
After receiving leave to remain
Can I enter the UK before my job starts?
You can enter the United Kingdom up to 14 days before you start your job. The start date of your job is the one given by your sponsor in your CoS.
I currently have leave to remain and am working at UCL, whose responsibility is it that my leave to remain does not expire?
Reminders will be sent when your leave to remain is approaching expiry but it is your responsibility that your leave to remain does not expire. You must act to extend your leave to remain if it is expiring and bring the original document to HR for a copy to be placed on your personnel file confirming the continued right to work in the UK. If your leave to remain expires it will lead to dismissal.
I have a current CoS or work permit, can I undertake supplementary work?
You can undertake additional work but only under certain conditions. The work:
- must be in the same profession at the same professional level as the work for which the CoS was issued;
- must be no more than 20 hours per week;
- must be outside of your normal working hours for which your CoS was issued.
You must continue to work for UCL in the employment that the CoS records that you are being sponsored to do. If you meet these conditions the Border Agency do not need to be informed of the supplementary work. Any additional work that you undertake should be discussed with your manager and should not have any detrimental affect on your work/life balance or contravene working time regulations http://www.ucl.ac.uk/hr/docs/working_time_regs.php.
Am I eligible to work under the youth mobility scheme or working holidaymaker scheme?
The working holidaymaker scheme has now been replaced by the youth mobility scheme. The youth mobility scheme is for young people from participating countries who would like to experience life in the United Kingdom. Sponsors under the youth mobility scheme are the national governments of the participating countries. The participating countries are:
- Australia
- Canada
- Japan
- New Zealand.
- Monaco
As the sponsors of their young nationals, the governments of participating countries will be saying that they:
- are nationals of that country; and
- are aged between 18 and 30 inclusive; and
- believe they will comply with the terms of the youth mobility scheme
Successful applicants will be free to do whatever work they like during their stay in the United Kingdom, except for self employment (subject to certain exceptions), working as a professional sportsperson (including as a sports coach) or working as a doctor in training. You may work up to 2 years under the youth mobility scheme.
To find out more about the scheme download the more detailed guidance from the UK Border Agency.
Identity Cards for Foreign Nationals
Who does this apply to?
The UK Border Agency issues compulsory identity cards to certain categories of non-European foreign nationals when they are granted permission to extend their stay in the UK. This now includes:
- Skilled workers Tier 2 (General)
- Spouses, civil partners, unmarried or same-sex partners
- Students under Points Based System Tier 4 (General)
- Postgraduate doctors and dentists
- Academic visitors granted leave for a period exceeding six months
- United Kingdom ancestry
- Dependants of the above categories
If you are a migrant in one of these categories and apply to extend your stay in the UK, you must enrol your biometrics (fingerprints and facial image) before the UK Border Agency decide whether to give you permission to stay. If your application is successful, you will be given an identity card.
How to enrol your biometrics
There are now 11
Home Office biometric enrolment centres around the UK where foreign nationals
can book an appointment either through the new online booking service or by
telephone. In addition, postal applicants living within certain postcodes are
now able to enrol their biometrics at a limited number of Crown
Post Offices nationwide. This is a walk-in service, with no need
to book an appointment, but currently this trial only applies to individuals
who have been sent an invitation to enrol their biometrics via the walk-in
service.
For more information http://www.ukba.homeoffice.gov.uk/managingborders/idcardsforforeignnationals/
I am currently a student can I work as well?
Students on a Tier 4 visa sponsored by and studying directly with higher education institutions may work up to 20 hours pw during term time, where taking courses at degree level or above and 10 hours pw for students undertaking courses at below degree level. All students studying directly with higher education institutions will be able to work full time during vacations.
Students on a Tier 4 visa, at a publicly funded further education college may only work 10 hours pw during term time and full time during the university vacation period.
From summer 2011 students not studying at a higher education institution or a publicly funded further education college will not be granted permission to work at any time during their studies.
I am near the completion of my studies can I apply for a post study visa?
You can apply under the post study worker category now if you are:
- in the United Kingdom with permission to stay under the Science and Engineering Graduates Scheme (SEGS), International Graduates Scheme (IGS) or Fresh Talent: Working in Scotland Scheme (FT:WISS); or
- in the United Kingdom as a student, which includes students, student nurses, students resitting examinations, and students writing up a thesis, and want to switch into the post study worker category
Post-study workers are free to look for work without having a sponsor for the length of their leave. The category provides a bridge to highly skilled or skilled work. The visa will last for a maximum of two years. If granted permission to stay as a post-study worker, the Border Agency expects that you will switch into another tier of the points-based system as soon as you are able to.
Full information is available on the UK Border Agency website http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/poststudy/.
NOTE: This route will close in April 2012. From April 2012 students will be able to apply for jobs with a Tier 2 approved sponsor. You will only be able to switch into Tier 2 if you are in the UK and before your Tier 4 student visa expires.
I want to apply for a visa for post study work, where is the application
Applications for a post study visa (tier 1) would be made directly from the student to the Border Agency. The visa would last for a maximum of two years. The application form can be found at the Border Agency website http://www.bia.homeoffice.gov.uk/workingintheuk/tier1/poststudy/applying/initial/.
I am employed, have a tier 1 post study visa and wish to transfer to a tier 2 Certificate of Sponsorship. Can I do this?
You can switch from the post study worker category of tier 1 to tier 2 without UCL having to advertise the position and meet the Resident Labour Market Test as long as:
- You have worked in the job at UCL for at least six months before applying for a CoS.
- You will continue to work for UCL in your current job.
The RLMT will not need to be met in these cases and the post will not have to be advertised. To transfer from one of these categories to tier two your department would need to complete the application form for a CoS and return it to the relevant HR Assistant from HR Consultancy who will process the application. Upon receiving your CoS you will need to provide evidence that you have worked for UCL for at least six months prior to your application. Only the following list of documents will be valid:
EITHER
i) Payslips
These should be either formal payslips or on UCL headed paper. If payslips are not on headed paper then a print out will need to be signed and stamped by your HR Consultancy contact.
OR
ii) Personal bank or building society statements covering six full consecutive months
OR
iii) Building society pass book covering the previous six month period immediately before the application
Please note that from 7 August 2009 it is no longer necessary to provide a letter for the Border Agency as evidence that you have worked in the job at UCL for at least six months before applying for a CoS.
How can I find out more about students visas?
Please see the student site for further information about student visas.

