Beware All Lawyers: Changes to Immigration Rules

I'm starting to feel like the UK Border Agency is personally out to get me! I haven't found the time or the energy to post anything new over the past week because we got some bad news about my UK visa and it's put me in a proper mood!

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.

Finding a Job with a Licensed Employer

I'm currently aiming to find a job using the Tier 2 - Skilled Worker category of immigration (because it has lower thresholds for maintenance funds and is less expensive to apply for), and will start my search with companies who are already Licensed Sponsors under the Tier 2 Register of Sponsors. I found the register of sponsors here:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/pbsregisterofsponsors

I think it is updated fairly frequently--this one is current as of today!

If I find an employer on this list who will hire me and issue a certificate of sponsorship, then I don't have to go through the process of persuading them to become a License Sponsor with the UK Border Agency in the first place, which I hope will be easier.

There don't appear to be many companies registered in Birmingham (mostly local government, universities and sporting agencies), but if nothing pans out there, I'm hoping I can find a company registered elsewhere who may need to hire someone for there Birmingham offices, or for a remote position. Working from home is an option, but I'm really hoping to have a physical work-place so I can actually meet some new people and get out of the house at least a few days a week.

Visa Frustrations

The last time I came into the UK in October, immigration control at Heathrow instructed me that since I had already spent nearly six months in the country this year on a tourist visa, my entry clearance this time would be granted on the condition that as soon as I left the country, my permission to "visit" would be revoked. I was directed to secure a more formal visa before attempting to enter the country again.

Thus began my renewed efforts at understanding the myriad of UK visa options available to American citizens. Because I don't really want to spend any more money on tuition for more education at this point, and because D and I are not quite ready to get engaged, I have determined that there are only 3 visa options that really make sense for me:

1) Long-term visitor visa: This visa allows a visitor to enter the UK as frequently as they like for up to six months in any 12 month period for either 1, 2 or up to 5 years without being questioned by immigration control. It would only buy me six more months here in 2010, but it only requires an applicant to demonstrate that they have an address in the U.S., that they are employed or self-employed and have a sufficient income to maintain themselves while visiting the UK. For more info, see http://www.ukvisas.gov.uk/en/aboutus/features/premiumvisa.

2) Highly Skilled Worker visa (Tier 1 General Migrant): This visa (which carries and application fee of nearly GBP 650) permits a visitor to enter to look for work, and to remain in the UK for up to 3 years if they secure paid work within the first 12 months of entering. An applicant has to score a minimum number of points in 3 different categories (attributes, English language and maintenance funds) in order to qualify for this visa. The most points are scored in the attributes category for applicants who have been awarded a Masters Degree or PhD in the United States, and who have earned at least GBP 40,000 per annum in the 15 months prior to applying from employment. If you are a citizen of the United States, you automatically will score 10 points in the English language category. Lastly, to score the required 10 points in the maintenance category, you have to provide bank statements that show your accounts never fell below GBP 2,800 (about $4,700) during the 3 months prior to the date of the visa application. For more information, see http://www.ukvisas.gov.uk/en/howtoapply/infs/inf21pbsgeneralmigrant.

3) Skilled Worker Visa (Tier 2 General Migrant): This visa, which carries an application fee of GBP 215, permits a visitor to enter the UK to undertake a specific job for the period of time indicated on the applicant's certificate of sponsorship from a UK employer. This basically means that a valid job offer from a qualified UK employer is required before submitting a visa application. Unless an applicant has secured a job listed on the current UK Occupation Shortage List (mostly medical professionals, manufacturing and construction engineers and/or social workers), then the potential UK employer will have had to become a licensed employee sponsor, and will also have had to meet the resident labor market test (usually by advertising the job locally for at least 2 weeks in approved publications without finding a successful candidate). Once securing a job offer and a certificate of sponsorship, an applicant also has to qualify through several other categories including higher education (a Masters or PhD score the most points), English language (again, all U.S. citizens automatically earn top points) and expected earnings (maximum points for a UK job that will pay an annual income over GBP 20,000). Finally, the applicant must show a minimum of GBP 800 in their personal cash accounts at all times during the 3 months prior to submitting the application. For more information, see http://www.ukvisas.gov.uk/en/howtoapply/infs/inf26pbsskilledworker.

As you can see, none of them are really simple and straightforward. I REALLY wish someone had advised me to take another look at the details of all of these visas six months ago when I still had my own apartment in California, recent payslips documenting income from my former employer, and a full savings account. At that time, I would have had ample evidence to qualify for either of the 1st 2 visas because I was still working in my highly paid role as a commercial real estate lawyer and had full savings and bank accounts. Even though it would have been costly to buy the work visa up front when I didn't know if my relationship with D would work out, at least I could have been monitoring my bank accounts and calendars to know when my "window of opportunity" for qualifying was closing.

Now applying for the visas will be more challenging as the last 15 months have also included 6 months of part-time legal work, and nearly 6 months of not working at all, plus, my savings have dropped dramatically as I have relied on them for my living expenses.