Graduate immigration route visa guide
Table of content
- Overview
- Graduate route conditions and requirements
- Suitability requirements
- Eligibility requirements
- Points requirements
- Successful completion requirement
- Qualification requirement
- Study in the UK requirement
- Application process
- Visa grant and restrictions
- Family members
- Supporting documents
Overview
The graduate route is a new route for international students who have successfully completed an eligible course as a student at a higher education provider with a track record of compliance. The route was opened for applications on 1 July 2021. The launch of the route has been presented as evidence of the government’s support for the education sector and its commitment to the International Education Strategy, which sets out their ambition to increase education exports to £35 billion and the number of international higher education students to 600,000 by 2030.
The route is aimed at making the UK more attractive to foreign students and seems to be a reinstatement of the Tier 1 (Post Study Worker) route which was discontinued back in 2012. The scheme is designed to enable the UK to retain the brightest and the best international students to continue to contribute to society and the economy post-study; it is expected to give talented international students, whether in science and maths or technology and engineering the opportunity to study in the UK and then gain valuable work experience as they go on to build successful careers.
Graduate route conditions and requirements
The route is available to international students and EU nationals. Unlike the route which closed in 2012, this new route includes safeguards to ensure only genuine and credible students are eligible.
Applicant must:
- be in the UK.
- have provided biometrics and passport or other travel document,
- pay the appropriate fee and full Immigration Health Surcharge;
- have a valid and existent leave as a student at the point of application;
- have successfully completed a degree at undergraduate level (RQF 6) or above;
- have undertaken all study in the UK;
- have been sponsored by a UK Higher Education Provider (HEP) with a track record of compliance as a student at the time of application;
- not have previously been granted leave under the Graduate route;
- have permission to remain in the UK under the Graduate route from their sponsoring body if they have been studying on a government scholarship;
- obtain Academic Technology Approval Scheme (ATAS) clearance where applicable, if intending to undertake supplementary study.
The table below give of an overview of the visa features
| Requirements | Conditions and restrictions | ||
|---|---|---|---|
| English language | No | Capped | No |
| Application fee | Yes | Switching – routes (in country) | Yes |
| Immigration Skills Charge | No | Route to settlement | No |
| Immigration Health Surcharge | Yes | Dependants | Restricted |
| Biometrics | Yes | Access to public funds | No |
| Maintenance | No | Supplementary work | Yes |
The route is unsponsored which means that a graduate does not require to have a job offer in place to apply for the visa.
The route has no maintenance requirement and applicants do not need to demonstrate English language ability as they will already have proved English language ability by successfully completing a degree at a UK university.
Suitability requirements
The applicant must not fall for refusal under the general grounds for refusal; she/he must not be in the UK in breach of immigration laws; criminality, misconduct, and breaches of immigration law will disqualify someone from being granted permission on the route, except where periods of overstaying can be disregarded in certain limited circumstances as set out in the Immigration Rules including immigration bail.
Types of UK Visas
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Eligibility requirements
Points requirements
The route is Points-Based; the applicant must be awarded a total of 70 points with the full number of points being awarded for the successful completion of a degree from a UK Higher Education Provider with a track record of compliance at the relevant level.
Successful completion requirement
The applicant must have last been sponsored by a student sponsor which is a higher education provider with track record of compliance on the date of application. The applicant must have successfully completed the course of study which was undertaken during their last grant of permission to study on the student route. The student sponsor must have notified the Home Office, by the date of application, that the applicant has successfully completed the course of study in GR.
If the applicant has in the 12 months before the date of application been awarded a scholarship or sponsorship by a government or international scholarship agency covering both fees and living costs for study in the UK, they must provide written consent to the application from that Government or agency.
Further study will be permitted, provided that it is not with a student sponsor on a course that would meet the requirements of the student route. You may need an Academic Technology Approval Scheme (ATAS) certificate if you’re studying or researching sensitive topics.
Qualification requirement
The applicant will meet 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, a UK postgraduate degree, or successfully completed a relevant qualification
A relevant qualification is one of the following:
- a law conversion course validated by the Joint Academic Stage Board in England and Wales; or
- the Legal Practice Course in England and Wales, the Solicitors Course in Northern Ireland, or a Diploma in Professional Legal Practice in Scotland; or
- the Bar Practice Course in England and Wales, or the Bar Course in Northern Ireland; or
- a foundation programme in Medicine or Dentistry; or
- a Postgraduate Certificate in Education (PGCE) or Postgraduate Diploma in Education (PGDE); or
- a professional course requiring study at UK bachelor’s degree level or above in a profession with reserved activities that is regulated by UK law or UK public authority.
The qualification must have been gained during the last grant of permission to study as a student, or in the period of permission immediately before the applicant’s last grant of permission, if the last grant of permission was to undertake a role as a Student Union Sabbatical Officer.
Study in the UK requirement
Applicant must be in the UK with current permission as a student or Tier 4 migrant. They must not have previously held permission on the Doctorate Extension Scheme (DES), or the Graduate route.
The Graduate Immigration Route scheme will apply retrospectively even to those students who started their course prior to the scheme coming into effect, as long as the student has graduated in Summer 2021 or later.
Study on an eligible course must have taken place in the UK for a minimum period which is based on the total length of the course. For those who have completed a course lasting 12 months or less, the whole of the course must have been studied in the UK. Those on courses lasting longer than 12 months will need to have been granted permission for at least 12 months on the student route and have spent that time studying in the UK. However, where distance learning has taken place outside of the UK as a result of Covid-19 between 24 January 2020 and 27 September 2021, students will still be eligible for the route, depending on the start date of their course and the date by which they enter the UK as a Student to complete that course.
You must be in the UK by 27 September 2021 or before your current visa expires, whichever is sooner.
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Study in the UK requirement
Applicant must be in the UK with current permission as a student or Tier 4 migrant. They must not have previously held permission on the Doctorate Extension Scheme (DES), or the Graduate route.
The Graduate Immigration Route scheme will apply retrospectively even to those students who started their course prior to the scheme coming into effect, as long as the student has graduated in Summer 2021 or later.
Study on an eligible course must have taken place in the UK for a minimum period which is based on the total length of the course. For those who have completed a course lasting 12 months or less, the whole of the course must have been studied in the UK. Those on courses lasting longer than 12 months will need to have been granted permission for at least 12 months on the student route and have spent that time studying in the UK. However, where distance learning has taken place outside of the UK as a result of Covid-19 between 24 January 2020 and 27 September 2021, students will still be eligible for the route, depending on the start date of their course and the date by which they enter the UK as a Student to complete that course.
You must be in the UK by 27 September 2021 or before your current visa expires, whichever is sooner.
Application process
The graduate immigration route requires a new application made in the UK. You must apply online before your student visa or Tier 4 (General) student visa expires. You do not have to wait until you’ve graduated or have been given a certificate; you can apply once your university has sent you your final course results.
Your partner and children can also apply to stay in the UK if they are eligible.
Applicant will need to pay £700 application fee (for both two and three-year Graduate route applications) and the Immigration Health Surcharge at the usual rate for the Points-Based System’s routes; this is usually £624 for each year you’ll be in the UK. If you’re eligible for a Graduate visa for: 2 years – it will cost £1,248 and for 3 years – it will cost £1,872. This gives you access to the UK’s National Health Service on generally the same basis as a UK permanent resident.
Once you’ve applied online, proved your identity and provided your documents, you’ll usually get a decision on your visa within 8 weeks. You can stay in the UK while you wait for a decision.
You should not leave the UK or the Common Travel Area whilst you are waiting for a decision on your application. Doing so may affect your eligibility for the Graduate route and result in you being unable to re-enter the UK.
If your visa expires after you have applied to the Graduate route, you will be permitted to remain in the UK whilst your application is being considered.
Visa grant and restrictions
Successful applicant will be granted a one-time non-extendable leave period of two years if graduating at undergraduate or master’s level, or three years if graduating with a PhD or other doctoral qualification; they will be able to work without any restrictions or look for employment, in the UK at any skill level for up to 2 or 3 years. Your leave will start from the day your application is approved and you will be issued with an eVisa. However, citizens of some listed countries will also be issued with a BRP for use when travelling in and out of the UK.
There will be no cap or minimum salary requirements for jobs. Meanwhile, graduates will benefit from complete work flexibility and will be allowed to change jobs in order to develop their careers as needed.
Graduates will not have recourse to public funds and the route will not lead to settlement; those who wish to later apply for Indefinite Leave to Remain (ILR) will need to switch to an immigration route that will lead to a settlement, for example, a Skilled Worker visa. It may also be possible to apply for ILR on a 10-year basis Long Residence provisions or Skilled Worker ILR after working in the UK for 5 years.
Separate restrictions will apply regarding what type of employment is permitted. Graduates on this route will continue to be restricted from being employed as a professional sportsperson or as a doctor or dentist in training.
You cannot extend your Graduate visa. However, you may be able to switch to a different visa, for example a Skilled Worker visa.
If the application is refused, the person can apply for an Administrative Review.
Family members
Dependants, i.e., spouses and children under 18, will be unable to apply together with the main applicant, unless they are already residing in the UK on a PBS dependant visa as dependents of the main applicant. For example, where Tier 4 student is studying Master’s degree of over 9 months duration, they are allowed to bring dependants with them to the UK under current rules. Those dependants will be allowed to remain in the UK with the main applicant, as long as he/she has graduating in summer 2021 or later.
New dependants will not be permitted, except where a dependent child was born in the UK during a period of Student or Graduate permission. If their application is successful, their visa will end on the same date as yours.
Supporting documents
When you apply you’ll need to provide:
- a valid passport
- your biometric residence permit (BRP)
- your Confirmation of Acceptance for Studies (CAS)
Depending on your circumstances, you might be asked to provide:
- proof of your relationship with your partner or children if they’re applying with you
- a letter from your scholarship or sponsorship provider approving your application, if they paid for your course fees or living costs in the last 12 months
If you have a question about your visa, we can help. Immigration Rules are complex and given the effort required to make the application and the level of Home Office non-refundable fees, it is important that you proceed with the best advice. We can advise on the options available and can support you through the process.
For a free visa assessment, speak to us. To make an enquiry you can call our dedicated Immigration enquiry line on: +44(0)7869806506 or by email at info@kassolicitors.uk
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