If you have completed and been awarded a degree/post graduate degree, PGCE, PGDE or HND from a Scottish institution you will be eligible to apply for leave to enter or remain in the UK as a Tier 1 (Post Study Work) Migrant.

The other requirements that must be met are as follows:

• You completed your study at a UK institution recognised by the UKBA
• You completed your study whilst you had valid entry clearance/leave to enter or leave to remain that was not subject to a restriction preventing you from undertaking a course of study
• Your Tier 1 (Post Study Work) application was made within 12 months of obtaining the eligible award
• Maintenance and English language requirements should be met

The UKBA can refuse applications if Migrants have not held the requisite amount in their account for 3 consecutive months or if not all original documents have been provided, for example. It is therefore essential that an application is prepared well to reduce the risk of refusal.

If successful, leave under Tier 1 (Post Study Work) will be granted for up to 2 years only. Non-EEA nationals would need to switch into Tier 1 or Tier 2 for permission to be able to work in the UK.

Those with Tier 1 (Post Study Work) leave would be able to switch into Tier 2 (General) without an employer having to advertise the position, provided that the non-EEA national has:

• worked for the same employer for more than 6 months
• worked in the same position for more than 6 months

Applicants can still switch into Tier 2 (General) if they have not worked for the same employer and/or in the same position, provided the Sponsor has advertised the position and completed the Resident Labour Market Test. Please note that this category is short-term; Applicants cannot extend their stay in this category beyond 2 years.

Tier 1 (Post Study Work) will close in April 2012 and therefore, Applicants will need to make their applications in advance of this date to benefit from this category. Applicants who have previously been refused a visa due to maintenance only, may be able to request a review of the UKBA’s decision.