The Statement of Changes to the Immigration Rules published on 4 March 2021 announced the introduction of the long-awaited unsponsored Graduate visa route on 1 July 2021.
The much anticipated route will allow existing Tier 4/Student visa holders in the UK to apply for a Graduate visa to work, or look for work, following the successful completion of an eligible course of study at a Higher Education Institution (HEI), at UK bachelor’s degree-level of above.
To be eligible for a Graduate visa, international students must meet the following requirements:
- Have successfully completed a course of study during their last grant of leave at a HEI with a track record of compliance (Successful course completion requirement).
- Have successfully completed a course of study for which they have, or will be awarded, a UK bachelor’s degree, UK post-graduate degree, or other relevant qualification (Qualification requirement).
- Have studied in the UK for the required minimum period of the course for which they were last granted permission to study on the Student (or Tier 4) route (Study in the UK requirement).
The Home Office have recognised the impact the Covid-19 pandemic will have to the Study in the UK requirement and have included the following concessions where a period of distance learning took place overseas. Applicants will meet the Studying in the UK requirement if:
- their course began in 2020 and they enter the UK on or before 21 June 2021 and they complete that course of study with permission as a Student; or
- their course began in 2021 and they enter the UK on or before 27 September 2021 and complete that course of study with permission as a Student.
Successful applicants will be granted permission to stay for a period of 2 years (or 3 years, if they are a Doctoral student).
Graduate visa holders will have the right to work in the UK in any capacity, including in self-employment, and at any skill level (apart from work as a professional sportsperson). Upon graduation, Students often encounter problems with finding suitable work which is eligible for sponsorship under the Skilled Worker category. Under the Graduate route, international students will be able to gain valuable work experience at any skill level, and employers will be afforded the opportunity to nurture a working relationship with recent graduates prior to making a longer-term commitment to sponsor them under the Skilled Worker route.
At the end of the 2- or 3-year period of permission under the Graduate route, Graduates will be eligible to switch into an alternative visa category to extend their stay in the UK, such as Skilled Worker, Start-Up, Innovator, or Global Talent, among others. Graduates switching to Skilled Worker, if they have found a suitable job, will be eligible to take advantage of the “new entrant” salary rate.
Time spent in the UK under the graduate route will not be counted towards settlement, however, would be considered in an application based on 10-years long residence in the UK.
The Statement of Changes has also confirmed that Tier 4/Student dependants will be entitled to extend their permission under the Graduate route. New dependants are not permitted on the Graduate route.
A Graduate visa will cost £700 (per person) in addition to the upfront Immigration Health Surcharge fees.
Tier 4/Student migrants who graduate and have leave which expires before the route is introduced will not be eligible.
If you would like any advice or assistance regarding the Graduate route or wish to seek advice on extending your stay in the UK then please do not hesitate to contact one of the experienced solicitors in our immigration team.
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