Staying in the UK After Graduation on a Student Visa
Not all international students know what they want to do after they graduate. Others start researching visa options and how to settle in the UK before they apply for their first Student Visa.
At OTS Solicitors our Immigration Lawyers welcome inquiries from international students who need immigration legal advice on Student Visas and how they can stay in the UK after graduation on a Student Visa. If you are entering your third year at university then now is the time to start looking at your options.
UK Online and London-Based Immigration Solicitors and Student Visa Lawyers
For immigration law advice call OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
Staying in the UK after entry on a Student Visa
Your final year at university will pass very quickly and you do not want to start thinking about your immigration status when preparing for your finals or while sitting your exams. That’s why our Immigration Solicitors recommend that you make plans if you want to stay in the UK after graduation. If you don’t do so and remain in the UK after your Student Visa ends the Home Office classes you as an overstayer. Overstaying on a visa affects your ability to secure a Work Visa, Family Visa or be able to return to the UK if you do leave the country.
Several visa options allow you to stay in the UK. It is best to explore your options in advance. That way you can focus your job search or inquiries in the right direction.
Your options include:
- Another Student Visa through a period of further study, such as a PhD or vocational post-graduate training
- A Work Visa such as a Graduate Visa or Skilled Worker Visa
- A Business Visa such as an Innovator Founder Visa
- A Family Visa such as an Unmarried Partner Visa or Spouse Visa
All these options come with different visa conditions and rules on UK settlement. That’s why you need to know a bit about the visas so you can decide on the route that suits you best.
Staying in the UK on a Work Visa after graduation on a Student Visa
Most international students who want to stay in the UK choose to apply for a Work Visa. There are three main types of Work Visa:
- The Skilled Worker Visa
- The Health and Care Worker Visa
- The Graduate Visa
With the Skilled Worker Visa and the Health and Care Worker Visa, you need a sponsoring employer so the company you apply to work for must have a sponsor licence to sponsor your employment. There are other restrictions:
- You cannot apply for a Skilled Worker Visa or Health and Care Worker Visa unless you have been offered a job
- You cannot change jobs unless you move to employment with another employer who has a sponsor licence
- You can only do specified jobs that are listed as eligible for either a Skilled Worker Visa or a Health and Care Worker Visa
- Your employer must pay you the minimum salary threshold for the job. The government sets the thresholds. The threshold can deter some employers from sponsoring graduates
The advantage of either the Skilled Worker Visa or the Health and Care Worker Visa is that time spent on either visa counts towards your residence requirement if you want to settle in the UK. Under the current immigration rules, to meet the Indefinite Leave to Remain residence requirement you normally need to have resided in the UK for five years.
Staying in the UK on a Graduate Visa
A Graduate Visa is for post-graduates who have completed their education so the visa name can create confusion. However, you must be a graduate to apply for this Work Visa.
The Graduate Visa is an option if:
- You studied in the UK on a Student Visa and graduated
- You are applying for your Graduate Visa from within the UK – you cannot leave the UK after you graduate and apply from overseas
Unlike the Skilled Worker Visa, the Graduate Visa is flexible for employers and employees. The immigration rules say:
- You can apply for a Graduate Visa without first having an offer of employment
- You can do any job – you are not restricted to work that is classed as skilled employment or to certain job titles or sectors
- There are no immigration-related restrictions on the salary an employer must pay you but your employer must pay you the national minimum wage
There are some drawbacks to the Graduate Visa:
- The visa only lasts for two or three years – the Skilled Worker Visa or Health and Care Worker Visa lasts for longer
- The Graduate Visa cannot be extended – at the end of your visa you either need to leave the UK or switch to a different visa
- There are restrictions on bringing dependants to the UK on a Graduate Visa. The immigration rules say if a partner or children were in the UK with you on Dependant Visas while you were in the UK on a Student Visa these family members can apply to stay as dependants on your Graduate visa. Children born in the UK while you were in the UK on a Student Visa can also apply for a Dependant Visa
- Time spent on the Graduate Visa does not normally count towards your five-year residence requirement before you can apply for Indefinite Leave to Remain
The immigration rules allow you to switch from a Graduate Visa to a Skilled Worker Visa. However, this means you need to spend longer in the UK on Work Visas before you can apply for Indefinite Leave to Remain. This does not suit everyone because of the need to pay to renew Work Visas and pay the immigration health surcharge.
How can OTS Solicitors help you?
At OTS Solicitors we have a specialist team of Immigration Lawyers with experience in Student Visas and follow-up visas if you want to stay in the UK after graduation. Our Immigration Solicitors will look at your visa options and explain the eligibility criteria and the evidence required. We will then support you make your visa application. If you have had a visa application refused, we can advise on whether you have grounds to appeal the decision.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
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