Graduate Route (Working After Studies) - Further Guidance

The UK Home Office has provided a further update in respect of the Graduate Route in the form of draft Immigration Rules, which means what follows, may be amended before final approval. The final set of Rules are likely to be laid in March 2021. This is for information only: 

BACKGROUND

This route is for a Student in the UK who wants to work or look for work, following the successful completion of study at UK bachelor’s degree level or above. The study must have been with a higher education provider with a track record of compliance. The Graduate route does not require sponsorship. This route does not lead to settlement, the exception being applications under the 10 Year Rule.

Individuals who already have permission as a dependant of a Student who is applying on this route can also apply to extend their permission as a dependant on this route. New dependants are not permitted on this route. The Graduate route is not a route to settlement.

Proposed validation requirements for a Graduate:

-         The application will be online on the gov.uk website on the specified form “Graduate”.

-         The application must meet the following requirements:

a. any fee and Immigration Health Charge must have been paid (amounts yet to be disclosed); and

b. the applicant must have provided any required biometrics; and

c. the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and

d. the applicant must be in the UK.

-         The applicant must have permission as a Student on the date of application.

-         The applicant must not have been previously granted permission under the Doctorate Extension Scheme or as a Graduate.

-         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 the Government or agency.

Proposed eligibility requirements for a Graduate:

-         Points requirement - The applicant must be awarded a total of 70 points based on:

a.      Successful completion requirement

b.      Qualification requirement

c.      Study in the UK requirement ion requirement

Successful completion requirement:

-         The applicant must have last been sponsored by a Student sponsor which is a higher education provider with a track record of compliance on the date of application.

-         The applicant must have successfully completed the course of study which they were last granted permission to study.

-          The student sponsor must have notified the Home Office, by the date of application, that the applicant has successfully completed their course.

Qualification requirement:

-         The applicant must have successfully completed a course of study for which they will be awarded a UK bachelor’s degree, a UK postgraduate degree or one of the course set out below.

-         The applicant will meet the qualification requirement if they have successfully completed a course of study which is one of the following:

a.      law conversion course validated by the Joint Academic Stage Board in England and Wales;

b.      the Legal Practice Course in England and Wales, the Solicitors Course in Northern Ireland, or a Diploma in Professional Legal Practice in Scotland;

c.      the Bar Practice Course in England and Wales, or the Bar Course in Northern Ireland;

d.      a foundation programme in Medicine or Dentistry;

e.      a Postgraduate Certificate in Education (PGCE) course; or

f.       a professional course requiring study at UK bachelor’s degree level or above in a profession with reserved activities that are regulated by UK law or UK public authority. 

-         If the name of the applicant’s course of study was changed by the student sponsor, but the course content remained the same, or if an integral and assessed work placement or permitted study abroad programme was added, this will not prevent the applicant being able to meet the qualification requirement.

Study in the UK requirement:

-         The applicant must have been granted their current permission on the Student route for the minimum period dependent on the total duration of their course:

a.      If the duration of the course is 12 months – then they must spend the full duration of their student status in the UK (apart from permitted study abroad programme); and

b.      If the duration of the course is 12 months or more – then at least 12 months of the period of Student permission must be spent in the UK.

-         Where distance learning took place overseas between 24 January 2020 and 27 September 2021, this will not prevent the applicant from meeting the requirement above if:

a.      they began their course in 2020 and entered the UK before 06 April 2021 and complete that course of study in the UK with permission as a Student; or

b.      they began their course in 2021 and entered the UK before 27 September 2021 and complete that course of study in the UK with permission as a Student.

-         Any period of distance learning between 24 January 2020 and 27 September 2021 as part of a course of study lasting longer than 12 months whilst the applicant held permission as a Student, will not prevent the applicant from meeting the requirement above.

Periods and conditions of grant for a Graduate:

-         PhD or other Doctoral qualification - 3 years

-         All other qualifications – 2 years

-         The following conditions of stay will apply:

a.      no access to public funds; and

b.      work (including voluntary work) is permitted, apart from work as a professional sportsperson; and

c.      study is permitted, except study with an education provider which is a Student sponsor and which meets the approved qualification and level of study requirements of the Student route; and

d.      study is subject to the ATAS condition;

-         Self-employment is not permitted, except where the following conditions are met:

a.      the person has no premises which they own, other than their home, from which they carry out their business;

b.      the total value of any equipment used in the business does not exceed £5,000; and

c.      the person has no employees.

End