United Kingdom - Changes to
Student Work Authorizations and Ability to Regularize Student Status
03/21/2006
As a follow-up to Fragomen's March 15, 2006
client alert, the UK Home Office issued new policy changes (Statement of Changes
to Immigration Rules-HC974) affecting foreign students seeking UK work
authorization and the ability to regularize their immigration status in the UK.
The policy changes are as follows:
- SEGS –
Prior to the new policy, SEGS enabled non-EEA
foreign students who were awarded undergraduate, Master's or PhD degrees in a
subject approved by the Department for Education and Skills (DES) to work in
the UK for up to 12 months after graduation without requiring a work permit.
Currently these are primarily pure science and engineering disciplines
(excluding computer engineering). Under the new scheme, non-EEA foreign
students awarded Master's or PhD degrees after May 1, 2006 may work in the UK
for up to 12 months under SEGS regardless of their field of study. Non-EEA
foreign students who have been awarded an undergraduate degree will continue
to qualify under SEGS, so as long as the subject of study is approved by the
DES.
- Students who enter the UK without student
immigration status- In response to
alleged immigration abuse, individuals who enter the UK as visitors will no
longer be able to switch their status to student in the UK. Although this
restriction on changing status has always applied to visa nationals (i.e.
those nationalities that require a visa for whatever reason they are traveling
to the UK), this is the first time that it will affect non-visa nationals,
such as US, Canadian, Australian and Singaporean nationals. Such nationals who
enter the UK as visitors after April 3, 2006, and apply to change their status
to student in order to undertake a course of study below degree level, will be
required to return to their home countries to obtain the requisite student
visa before returning to the UK. Those non-visa nationals who enter the UK as
visitors before July 1, 2006 and apply to change their status to student to
undertake a degree level course will continue to be allowed to do so.
Fragomen recommends that its clients consult with their U.K. immigration service
providers to review these new policy changes. Fragomen will continue to closely
monitor any changes with regard to these new policies. The content of this alert
is provided for informational purposes only.
If you have any questions regarding this alert, please do not hesitate to
contact the global immigration professional with whom you work at Fragomen
Global Immigration Services.
Source:
http://pubweb.fdbl.com/news1.nsf/c8abb103352ef95a86256e3100809438/336b9b463c06b51685257138006e6f18?OpenDocument
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