This article examines the UK Graduate Immigration Route for VISA Applicants. This VISA provides international students the opportunity to work and gain valuable experience in the UK after completing a degree or higher educational qualification. Moreover, it is designed as a post-study work visa. So, this pathway enables former student visa holders to explore a range of job opportunities without sponsorship. Below, we provide a detailed overview of this option, including its requirements, benefits, and key considerations for applicants.
Key Features of the Graduate Immigration Route
- Post-Study Work Opportunities
- Graduates can work in the UK at any skill level or salary for up to two years
- PhD or doctoral graduates are eligible for an extended period of three years
- No Sponsorship Required
- Unlike other visa routes, applicants do not need a job offer or sponsor to apply
Costs
The application fee is £822, in addition to the Immigration Health Surcharge.
Other features of this pathway are:
Dependents:
Dependants who joined the graduate on a student visa can apply to remain under the graduate visa route.
Non-Extendable:
The graduate visa cannot be extended, and reapplications under this route are not permitted. Moreover, the route does not lead to settlement in the UK.
Application Location:
Applicants must be physically present in the UK when submitting their application.
Leaving the UK or Common Travel Area while the application is pending will result in withdrawal.
Understanding the Eligibility Requirements
The eligibility criteria for the Graduate Immigration Route are outlined in Appendix Graduate of the Immigration Rules. The application process is divided into six main categories:
1. Validation
- Applications must be submitted online via the UK government website.
- All fees, including the Immigration Health Surcharge, must be paid.
- Biometrics and identity documents (such as a passport) must be provided.
- Applicants must currently hold or have last held a valid student visa.
2. Suitability
- Applicants must not breach general grounds for refusal, such as criminal records or providing false information.
- Overstaying is only permitted under specific exceptions, such as the two-week grace period detailed in the immigration rules.
3. Eligibility
Applicants must have successfully completed a UK degree or higher education qualification and meet the 70-point threshold based on their qualification, successful course completion, and study in the UK.
4. Successful Completion
- Institutions must confirm that applicants have completed their course and complied with academic requirements.
- Only students from higher education providers with a “Track Record of Compliance” are eligible.
5. Qualification
Eligible qualifications include UK bachelor’s degrees, postgraduate degrees, and certain professional courses, such as legal or medical foundation programs.
A full list of qualifying courses is available in paragraph GR 5.2 of the immigration rules.
6. Study in the UK
- A minimum period of study in the UK is required, depending on the course length.
- COVID-19 exceptions apply to students who engaged in distance learning between January 2020 and June 2022.
- Approved study abroad programs do not disqualify applicants.
Duration and Conditions
The duration of the visa depends on the qualification type:
- PhD or Doctoral Qualification: 3 years
- Other Qualifications: 2 years
- Visa holders can work in most professions, except as professional sportspersons or coaches. They can also undertake limited studies but cannot access public funds. Any study that would typically require a student visa must meet additional conditions under Appendix ATAS.
Guidelines for Dependents
Dependents of graduate visa holders can apply to extend their stay under specific conditions:
Eligibility
Dependents must already be in the UK as part of the student visa holder’s application.
From January 2024, only certain students (e.g., PhD candidates or those on government-sponsored programs) can sponsor new dependents.
Requirements for Partners: Dependants must meet criteria outlined in Appendix Relationship with Partner, which includes evidence of a genuine and subsisting relationship.
Requirements for Children: Dependant children must meet criteria outlined in Appendix Children, ensuring suitable care arrangements and proof of dependency.
Typical Issues with the application process:
Application Process: Submit the application online and ensure all supporting documents, such as proof of qualification and previous study, are accurate and complete.
Institutions must notify the Home Office of successful course completion before an application can be processed.
Common Challenges include the fact that applications deemed invalid due to errors or missing information will not be processed. Moreover, dependants must ensure they meet updated requirements, particularly given recent rule changes. Additionally, refusals cannot be appealed but may qualify for administrative review in case of processing errors.
Conclusion
The Graduate Immigration Route is a great opportunity for international graduates to kickstart their careers in the UK. While it doesn’t lead to settlement however, its flexibility and lack of sponsorship requirements make it a popular choice among students seeking work experience. Flexibility is particularly important for younger students with an invidious future. Therefore, by understanding the rules and preparing a strong application, graduates can make the most of this unique post-study pathway.
For further information or assistance with the UK Graduate Immigration Route, consult official government resources or seek expert legal advice from Taylor Hampton Solicitors’ Head of Immigration Leena Chouhan.
0044 207 472 5072