Graduate Post Study Work Visa UK for International Students

1. Introduction: Graduate Post Study Work Visa UK 2023

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The UK’s post-graduate work permit allows international students who have completed an eligible bachelor’s degree or higher to extend their stay. This permit is unsponsored, meaning it doesn’t require employer sponsorship, but it doesn’t lead directly to permanent residency.

Family members in the UK as student dependents can extend their stay, though this option isn’t available for other dependents.

Graduate Visa and Indefinite Leave to Remain (ILR)

The Graduate Visa typically doesn’t count towards the 10-year route for ILR, which includes long-term residency permits like the Skilled Worker Visa.

Options for Work Permits Post-Masters

There are several pathways to secure a work permit in the UK after completing a master’s degree:

• Post-Study Work Visa (PSW):
  • Offers a 2-year stay post-graduation without requiring sponsorship.
• Skilled Worker Visa:
  • Requires a job offer from a licensed sponsor, meeting skill and salary criteria.
• Start-up and Innovator Visa:
  • For those starting a business, with specific criteria and endorsements required.
• Global Talent Visa:
  • For recognized leaders in qualifying fields, requiring endorsement.
• Intra-Company Transfers:
  • For employees of multinational companies transferring to UK branches.
• Doctorate Extension Scheme:
  • A 12-month extension for PhD graduates to work, gain experience, or start a business.
• High Potential Individual Visa:
  • For graduates from top global universities, offering a 2-year stay without sponsorship.
• Scale-up Visa:
  • For individuals with a job offer from a qualifying UK scale-up business, requiring sponsorship.
• Innovator Founder Visa:
  • For experienced business founders looking to establish an innovative business in the UK, requiring endorsement.
• Global Business Mobility Visa:
  • For overseas businesses to transfer employees to the UK for specific business purposes.

2. Essential Requirements for Graduate Post Study Work Visa UK

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Post Study Work Visa Requirements

Ensure you meet these essential criteria before initiating your application:

• Payment of Fees:
  • Pay £822 application fees and the Immigration Health Surcharge £1,035 per year i.e. £2,070 for 2-years and £3,105 for 3-years.
• Biometric Data:
  • Provide biometric data at a designated center.
• Identification:
  • Have a valid passport or alternative identification.
• Location:
  • Submit your application from within the UK.

How to Apply Online

Once the key requirements are met, you can start your application online. For example, you may apply after graduating with a master’s degree in Computer Science from a compliant university.

Special Considerations for Applicants

• Previous Student Visa Status:
  • Must hold or have previously held a student visa.
• Limitations on Reapplying:
  • Ineligible if previously used the Graduate route or Doctorate Extension Scheme.
• Scholarship Recipients:
  • Require written consent from the sponsoring entity.
• Incomplete Applications:
  • Likely to be rejected; ensure completeness and accuracy.

General Suitability for PSW Visa

To ensure your application is successful, understanding and meeting the suitability criteria is vital:

• Adherence to Laws:
  • Compliance with UK immigration laws to avoid denial.
• Clear Immigration History:
  • Maintain a clear immigration history.
• Overstay Exceptions:
  • Be aware of overstay exceptions under paragraph 39E of immigration rules.
• Immigration Bail:
  • Avoid being under immigration bail.

70-Point Eligibility Criteria for PSW Visa

Applicants need to accumulate 70 points by satisfying the following criteria:

• Successful Course Completion:
  • The course must be completed at a compliant higher education institution.
• Qualification Requirement:
  • Eligible qualifications range from bachelor’s degrees to specialized courses.
• Study in the UK Requirement:
  • The duration of student permission in the UK is crucial, with COVID-19 provisions for distance learning.

Detailed Eligibility Insights

• Successful Completion:
  • The most recent course, whether bachelor’s, master’s, or doctoral, must be completed successfully.
• Institution Compliance:
  • The last sponsorship should be from an institution adhering to immigration requirements.
• Notification Requirement:
  • The educational institution must inform the Home Office of your successful completion.
• Timing of Qualification:
  • The qualification should be earned during or immediately before the last grant of permission to study.

Postgraduate Diploma Eligibility

A Postgraduate Diploma qualifies for the Post-Study Work Visa, provided institutional compliance and successful course completion.

By thoroughly understanding and meeting these multifaceted validity, suitability, and eligibility requirements, applicants can significantly enhance their chances of successfully obtaining a Post Study Work Visa in the UK.

3. Understanding Visa Outcomes: Approval and Rejection Criteria

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The outcome of your UK Post Study Work Visa application is determined by the Home Office based on various eligibility criteria. Approval hinges on meeting all requirements; failure to satisfy any condition leads to refusal.

• Duration of PSW Visa Based on Qualification
  • PhD or Doctoral Qualification: 3 years from the date of the decision.
  • All Other Qualifications: 2 years from the date of the decision.
• Restrictions and Permissions Under PSW Visa
  • No access to public funds.
  • All forms of work allowed, except as a professional sportsperson.
  • Study permissible with restrictions, particularly in cases requiring ATAS clearance.
  • ATAS condition is applicable if your study falls under the Appendix ATAS requirements.
• Common Reasons for PSW Visa Rejection
  • Incomplete Application
  • Timing Issues
  • Financial Insufficiency
  • Credibility Concerns
  • Negative Immigration History
  • Non-Compliance with Visa Rules
  • Specific Ineligibility
• Options After PSW Visa Application Rejection
  • Consider opting for an Administrative Review, which re-evaluates the decision’s accuracy and fairness. It is not an appeal but a crucial step to address potential errors in the initial decision.

To increase your chances of approval, it is vital to thoroughly understand these outcomes, conditions, and potential reasons for rejection. Being well-prepared for your Post Study Work Visa UK application not only enhances the likelihood of success but also aids in effective future planning.

4. Eligibility and Conditions for PSW Visa Dependents

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Dependents of Post Study Work Visa (PSW) applicants in the UK typically include partners or children. They must be linked to an applicant who is either awaiting a PSW visa decision or already has permission under the Graduate route.

• Key Conditions for Dependents
  • Dependents with a scholarship covering tuition and living costs need written consent from the sponsor.
  • Must be a partner or child of a Student visa holder applying for or holding a PSW visa, or a child born in the UK during the parent’s last Student visa grant.
  • Failing to meet these conditions can lead to application invalidity and rejection.
• Suitability Criteria for Dependents
  • Dependents are also subject to specific suitability requirements.
  • Must comply with Part 9 of the Immigration Rules regarding refusal grounds.
  • Must have legal status in the UK, with certain overstaying periods potentially excused under paragraph 39E.
• Relationship Requirements
  • Dependent partner must meet specifications in Appendix Relationship with Partner.
  • Dependent child must be under 18 years old at the time of application. Both parents should generally have permission to stay or be applying concurrently, with exceptions.
• Care and Age Considerations for Dependent Children
  • Arrangements must comply with UK legislation and not suggest an independent lifestyle for children aged 16 or over.
• Decision Making Process
  • If suitability and eligibility conditions are met, approval is likely. Otherwise, dependents may pursue an Administrative Review under Appendix AR.
• Period and Conditions of Stay
  • Permission duration for partner expires with the Graduate partner’s visa.
  • Permission duration for child expires with the earlier expiry date of either parent’s visa.
• Conditions for Dependents
  • No access to public funds.
  • Employment allowed, except as a professional sportsperson.
  • Study in the UK permitted, subject to ATAS condition for those over 18.

Understanding and complying with these guidelines is crucial for a successful dependent Post Study Work Visa application in the UK. Meeting all criteria and adhering to procedures minimizes the chances of rejection.

5. FAQs: Clarifying the Graduate and PSW Visa Process

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Navigating the Graduate Post Study Work Visa UK process can be complex. Here, we address frequently asked questions to clarify the UK’s post-study work visa.

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For further details, please refer to Appendix Graduate – Immigration Rules.