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Providing you with the answers. Leyla Hannbeck, Chief Pharmacist at the NPA, writes about a new NPA resource regarding sponsorship and visa choices

I would like to bring to your attention the increasing number of queries received by the NPA Pharmacy Services team regarding sponsorship and visa choices for pre-registration students coming from outside of the European Economic Area (EEA) or Switzerland. Students currently studying in

the UK under a Tier 4 (General) student visa are allowed
to stay in the UK for four months on completion of their MPharm degree. Therefore, these students who wish to start a pre-registration placement will need to obtain a work visa. Additionally, Health Education England (HEE) is revising the current recruitment process for pre-registration students.

The €Visas and sponsorship: guidance€, explains the visa options available to foreign students and contains information on how you can become a sponsor. In summary:

• The Royal Pharmaceutical Society Pharmacy Professional Sponsorship Scheme is no longer available for students who started their MPharm degree after April 2012 and expect to graduate in 2016
• Ellis Whittam, an NPA Business Partner, operates an employment and health and safety advisory service available for all members free of charge €“ the firm can advise on basic immigration issues, or refer to a specialist if required
• Visa options available are:
  • Tier 5 (Youth Mobility Scheme) €“ students from certain countries may be eligible if they meet the criteria
  • Tier 2 (General) €“ relevant to most students if they are eligible but this visa requires sponsorship from an employer 
• Eligible employers may obtain a sponsor licence, which allows them to issue a certificate of sponsorship to potential foreign pre-registration students
• Sponsors will need to carry out a resident labour market test (RLMT), which means advertising the placement €“ a foreign student is only to be employed if no suitable UK candidate is available
• Sponsors will need to pay the student a minimum salary for the placement €“ this will increase in Autumn 2016 from £20,800 to £25,000 for 'experienced workers'; further details on minimum salaries can be found in the UK visas and immigration (UKVI) document €Codes of practice for Skilled Workers (6 April 2015)€

I would like to further clarify information on carrying out an RLMT. As a general rule, a sponsor has to complete an RLMT before employing a worker who falls under the Tier 2 (General) category. However, the UKVI document €Tiers 2 and 5: guidance for sponsors€ lists certain exemptions from carrying out the RLMT. According to this guidance, an RLMT does not need to be carried out if the following is applicable to the migrant: €Where they have, or were last granted permission to stay in the UK as a Tier 4 migrant or as a student and during their last grant of leave, or a continuous period of leave, that includes their last grant of leave, they have received final results confirming they have: Passed and will be (or have been) awarded a UK recognised bachelor's or master's degree€

Final results for all universities are released after final exams have been completed; they are usually held around spring/early summer. Hence, as per the exemption guidance above, pharmacy contractors who are considering employing a migrant pre- registration student prior to university final results being published, may be required to carry out an RLMT €“ advice should be sought from a lawyer specialising in immigration law.

This is an extract from a Superintendent Update. Members can download the NPA's practical guidance and detail on Pre-registration students requiring visas at npa.co.uk.
Sign up to Superintendent Updates at npa.co.uk/my account.