The Graduate visa
22 July 2021
The new Graduate visa opened on 1 July 2021 and essentially reintroduces the Tier 1 Post Study Work category that was abolished in 2012. It allows international students who have completed a course of study at UK bachelor’s degree level or higher to stay and work in the UK for at least two years.
What are the eligibility requirements?
To be eligible for the Graduate route, applicants must:
- be in the UK;
- hold a valid Tier 4 or Student visa at the time of application;
- have studied a UK bachelor’s degree, postgraduate degree, or other eligible course in the UK for a minimum period of time; and
- have successfully completed their course during the last grant of permission to study as a Student.
Applicants who meet the above requirements will have the necessary 70 points to qualify for the Graduate visa. The course of study must have been completed during the applicant’s last grant of permission to study on the Student route and must have been sponsored by a higher education provider with a track record of compliance at the date of application.
What are the conditions?
The visa is subject to several conditions:
- all types of work (including self-employment and voluntary work) are permitted, apart from work as a professional sportsperson;
- study is permitted, apart from a course provided by a student sponsor that would meet the requirements of a Student visa;
- time spent under this route does not lead to settlement in the UK, but time spent under the category can count towards 10 years lawful residence in the UK for ILR purposes;
- access to public funds is prohibited; and
- new dependants are not allowed, but a dependant already in the UK as a Student dependant may apply to become a Graduate dependant.
What is the period of leave?
Graduates who have a PhD or other doctoral qualification are granted three years leave. All other eligible qualification holders are granted two years. Graduate visa holders may switch to the Skilled Worker route if they meet the relevant requirements. Individuals in this route may extend their stay in the UK indefinitely. After five years of continuous residence in the UK, Skilled Worker migrants may qualify to apply for settlement.
COVID-19 concessions
Ordinarily, applicants must have spent:
- the duration of their course in the UK if the course lasts less than 12 months; or
- at least 12 months in the UK if the course lasts more than 12 months.
There is an exception for study abroad programmes. However, concessions to the study in the UK requirement have been introduced in response to COVID-19. Students will meet the study in the UK requirement if they:
- began their course in 2020 and entered the UK on or before 21 June, and completed their course in the UK with permission as a Student; or
- began their course in 2021 and entered the UK before 27 September 2021, and complete their course in the UK with permission as a Student.
Get in touch
For further information on the new Graduate visa and forthcoming changes to UK immigration law, see our website, or contact your assigned LDI lawyer or enquiries@lauradevine.com.
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