11 March 2021

Post Study Graudate Work Visa Scheme

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The Graduate work visa route is expected to come into force on 01 July 2021. This in essence replaces the old Post-study Work visa route for graduates.

The graduate route is for international students in the UK who following the successful completion of a course of study at UK bachelor’s degree-level or above, wish to work or look for work in the UK. It should be noted that for this reason, there is no requirement for the applicant to work in the UK during the duration of leave under this category.

Applicants do not need a sponsor for the Graduate work route nor is this a route to settlement. This means that if the Graduate work visa application is successful, the applicant will be granted permission to stay in the UK for either 2- or 3-year period, at the end of which it is hoped that they will be able to obtain sponsorship as a worker or find an alternative route to remaining in the UK. If this is not possible, at the end of the 2- or 3-year period, the applicant must leave the UK.

Prior to applying for the Graduate work route, the applicant must hold or have last held permission to stay in the UK as a Student. Applicants who already have partners and/or children in the UK as student dependents can also apply to extend their leave as dependents under this new category.

Graduate Work Route Requirements

Apart from the general suitability requirements, all applicants must score 70 points to be given 2- or 3-year leave. This can be obtained when the applicant is able to satisfy the successful completion requirement, qualification requirement and the study in the UK requirement. Only when all three of these requirements are met can an applicant obtain the 70 points required.

To meet the successful completion requirement, the applicant must have been sponsored by a higher education provider and hold a track record of compliance as a student at the date of application. The applicant must also have successfully completed a course of study which was undertaken during their last grant of permission to study in the UK.

An applicant will satisfy the qualification requirement if they have successfully completed a course of study for which they have been or will be awarded a UK bachelor’s degree or above, or a defined relevant qualification.

To satisfy the study in the UK requirement, the applicant must have studied in the UK for a minimum period of the course for which they were last granted permission. The minimum period depends on the duration of the course and is set out below. There is further specific guidance on distant learning.

Total length of course Relevant period of Student permission granted during which all study took place in the UK (apart from permitted study abroad programmes)
12 months or less Full duration of course
Longer than 12 months At least 12 months

Period and conditions of grant:

The length of Graduate work permission granted to an applicant will depend on how the qualification requirement is met and the type, of course, last completed. The type of Graduate work permission that can be given is set out below.

Type of Qualification Period granted from the date of the decision
PhD or other doctoral qualification 3 years
All other qualifications 2 years

 

Any grant of permission to stay under the category will be subject to the following conditions:

  • an applicant must not access public funds; and
  • an applicant may work but not as a professional sportsperson; and
  • certain types of study/with certain sponsors is permitted;
  • an applicant will be required to register with the police, where relevant.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

About the Author

Mahnoor has extensive experience in dealing with various types of in-country and out-of-country immigration matters. This includes advising and assisting clients on a vast spectrum of immigration applications, ranging from Entry Clearance to British citizenship.

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