Students, especially those from overseas, have had a difficult year. The whole nature of education in the UK has changed and many of those who expected to enjoy a fulfilling campus-based learning experience, complete with all the social opportunities that go with it, have been limited to their halls or, worse still, have had to study from home.
International students were even worse off, as many never even made it into the UK. Instead, many international students learned remotely in their home countries for much of, and in many cases, the entire duration of the Covid pandemic. As the academic year ends and summer kicks in, Immigration Lawyer, Gordon Irving, is encouraging international students to look past graduation and start thinking about their futures in the UK.
International Students - find out where you stand
Universities are hugely important to the UK economy and many rely on international students to remain solvent as they contribute around £20bn to the UK economy each a year. Until April 2012, we thanked international students for choosing the UK for their studies by freely issuing what were known as Tier 1 (Post –Study Work) visas to recent graduates. Tier 1 visas allowed the majority of students, with degree-level qualifications or above, a post-graduation period of two years to live and work in the UK.
However, since April 2012 overseas students have not been given such an opportunity. For the last nine years international graduates have been given a mere 12 weeks from the conclusion of their course to find a graduate level job with a company holding a sponsor license for international workers, or leave the UK.
To put it mildly, this is not an easy ask as opportunities can be extremely competitive. It’s also worth noting that the majority of employers who hold sponsor licenses are based in London and the South East, meaning graduates studying outside the capitol had an even greater challenge finding roles.
Find out more about the post study graduate visa
A new graduate visa route for 2021
After years of pressure and complaints, in 2021 the Home Office announced that a new ‘Graduate’ route will commence from this July, and it will work in a similar manner to the old Post-Study Work scheme.
The Home Office have confirmed that this new route will be open for any overseas student who started a course in the UK after July 2019. That means that this years’ graduates should be thinking about their future in the UK.
Post study visa qualifications and awards
To qualify, international students will have had to have been in the UK for some of the duration of their course. It will not be possible to study the entire degree remotely from overseas. This means:
- For those graduating from June 2021 onwards, they must have been in the UK from, on, or before 27/09/2021.
- For those on one-year masters’ courses commencing in January or February 2021, they must have been in the UK on or before 27/09/2021 and completed the last semester of their course in the UK.
- Students who are not graduating until 2022 will not have absences from the UK in the 2020/2021 academic year held against them when seeking to move into the new graduate route.
Qualifying applicants can then request:
- 2 years leave to remain in order to work or look for work, or;
- 3 years leave to remain for Doctoral studies
International students who already have dependents can apply for them to extend their leave alongside their own, but no new dependents are allowed to join you during a Graduate visa.
It’s important to act now
International students who are not currently in the UK but wish to take advantage of the new graduate route from July 2021 must therefore consider their positions carefully. If they have not arrived in the UK by 27/09/2021, whilst they may successfully complete their degrees, the new route will not be open to them.
The new graduate post study visa route does not lead to settlement. Instead, like the old post-study route, it is designed to give graduates time to develop their careers and skills so that they can explore other immigration routes that do allow settlement. Whilst applicants are on the new route, they do not need to be earning a minimum income level as long as they can support themselves without access to public funds. Routes that could lead to settlement include:
- The Skilled Worker Route– for those who wish to seek skilled employment with an employer who holds a Sponsor Licence
- The Start-up or Innovator Route – for those who have either the seed funding or capital to create their own business
- Family routes – for those who are in relationships with British or settled nationals or are parents of British or settled children
The new graduate route is an extremely welcome change to the law as it gives international students a platform that’s on-par with their domestic peers, to pursue career avenues, to take further training or low-paid work that might support them in setting up their own endeavors. It gives space for failure, success, change, and innovation. It is also of particular benefit to students studying in areas outside of London and the South East, where there are fewer Sponsors offering degree level jobs. Ultimately, it means those who benefit from an education in the UK are more likely to stick around and use what they have learned to make a contribution to our economy and society.
If you would like to find out more, you can call us, free, on 0808 302 3464 and book a free ‘where do I stand’ meeting.