After spending the last 2 months dutifully preparing my Tier 1 General Migrant Visa for the Highly Skilled Worker category, and preparing a trip back to California to apply for it, I got a major shock last Monday. The one step in this process that I had made an assumption about was that my Juris Doctorate (J.D.) degree from 3 years of law school in the USA would be considered at least equivalent to a UK Masters degree (which only takes 1 year to obtain), and might even pass for a doctorate degree (Ph.D.). And until about 4 weeks ago, the UK government agreed with me.
In previous years it was possible to qualify for a Highly Skilled Worker category by only having a Bachelors Degree, plus previous employment with a high level of pay and some cash funds in the bank. Obviously, most USA lawyers working for private firms would easily qualify on those terms. However, in November 2009, the UK Border Agency further restricted the Tier 1 Work Visa category to only those with a Masters Degree or Ph.D. (i.e., "higher education"). Despite this change, I still assumed I'd be OK since I had a Bachelor's degree plus my 3-year J.D.
Unluckily for me, in January the UK NARIC (the UK's national university accreditation board) decided to change about 10 years of precedent and re-categorize a J.D. degree from the USA as equal to only a UK Bachelors degree, rather than a Masters degree. They gave no reason for this sudden decision, but it now effectively precludes any of the thousands of lawyers who practice in the USA from moving to England and looking for work under the Highly Skilled Worker category of the UK's Points Based System. It really makes no sense--basically, if I had spent 1 year at Tulane and obtained an LLM (Master of Laws) instead of spending 3 years and getting a JD, I'd be allowed in!!
So for all of you out there who have professional degrees that took years after college to obtain, but do not have a shiny diploma that calls that degree a "Masters", then look out. The UK doesn't really want you, or your brains or your potential--seems like kind of a bad move for one of the last EU countries to come out of the recession, no?
IMPORTANT NOTE: If you decide to try for a Tier 1 General Migrant Visa, before committing I'd recommend calling UK NARIC for an over-the-phone evaluation of the degree that you have, whether or not it says "Masters" or "Ph.D" on the degree title just to make sure that you and they are in agreement about it. The phone calls cost about 10p per minute from the UK, but that 11 minute call saved me from spending GBP 40 on the written evaluation and wasting 2 more weeks thinking that I could get the Visa I wanted.
Hi American Girl,
ReplyDeleteRecently MAC recommended accepting law qualifications like yours in lieu of Masters. However, these changes are likely to be implemented by govt only in April 2010. Have a look - http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/mac/pbsanalysis-09/
Thanks for the link anonymous--interesting that others think the rules need a change too. Unfortunately for me, I turn 32 in April, so I'll no longer be able to get points for my age, and by then I will be too many months away from my last period of employment earnings to claim enough points for "prior earnings", so the Tier 1 Visa was now or never for me.
ReplyDeleteThe rules have been amended.
ReplyDeletehttp://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/255022/46-new-rules-for-t1-t2-and-ir
Hi! I do have a question, and I've been trying to find the answer with no such luck. I'll be applying for the 6 month UK Visitor's Visa. Is there a certain amount of money one needs in their bank account to be eligible for the 6 month Visitor's Visa?
ReplyDeleteThanks for your comment Lis. I never applied for the 6 month UK Visitor's Visa during my time in the UK because 6 months is typically granted to all tourists who arrive at Heathrow without a visa; however, if you have been a repeat visitor to the UK during the past 12 months, then you could get rejected at the airport, or you could be given a 6-month no re-entry visa like I was given last October, meaning you can enter the country for up to 6 months, but you can't travel at all until you leave to go back to America for good. When I asked about the Visitor's Visa, I was told you only need to show things like income from your job and a lease or bills for your home that show you are "travelling temporarily" in England more than "moving there". If you don't have a ton of savings and will be primarily relying on your boyfriend for financial support while in the UK, that can change the visa process, so you may want to seek advice from a UK visa advisor before applying.
ReplyDeleteThank you, Lolo. I guess I didn't know that 6 months is already granted to those who arrive in the UK. So if I purchase my round trip plane ticket with a return date within 6 months, would I need to fill out the Visa paperwork and apply ahead of time? I guess I'm just trying to make the trip as less stressful as possible. Haha. Thanks! :)
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