Immigration Corner | Obtaining a UK Graduate visa

Dear Mr Bassie,

I am completing my degree studies in the United Kingdom, and I am told that I am able to apply for a Graduate visa. Please advise what is required for eligibility and what it entails. Thanks in advance.

ZM

Dear ZM,

A Graduate visa gives persons permission to stay in the United Kingdom (UK) for at least two years after successfully completing a course in the UK. Persons should note that they must be in the UK when they apply.

ELIGIBILITY

Applicants should be aware that they can apply for a Graduate visa if all of the following are true:

• They are in the UK;

• Their current visa is a Student visa or Tier 4 (General) Student visa

• They studied a UK bachelor’s degree, postgraduate degree or other eligible course for a minimum period of time with their Student visa or Tier 4 (General) student visa;

• Their education provider (such as the university or college) has told the Home Office that they have successfully completed their course.

Applicants can ask their education provider, if they are not sure, whether they have told the Home Office they have successfully completed their course.

Persons should check if their course is eligible and how long they need to study in the UK. If they are not eligible for a Graduate visa, they may be eligible for another type of visa to stay in the UK.

LENGTH OF STAY

Applicants should be aware that a Graduate visa lasts for two years. For persons who have a PhD or other doctoral qualification, it will last for three years. Please note that the visa will start from the day the application is approved.

It should be further noted that successful applicants cannot extend their Graduate visas. However, they may be able to switch to a different visa, for example, a Skilled Worker visa. Persons should first check that they are eligible to apply for another type of visa to stay in the UK.

APPLYING

Persons must make their application online. They should also be aware that if applicable, their partner and children can also apply to stay in the UK if they are eligible. Persons must apply before their Student visa or Tier 4 (General) Student visa expires. They can apply after their education provider (such as the university or college) has told the Home Office that they have successfully completed the course they took with the Student or Tier 4 (General) Student visa. They do not have to wait until they have graduated or have been given a certificate.

As part of their application, persons will need to prove their identity and provide documents. They should be aware that an application may take longer if an appointment is needed to do this. They will find out if you need one when they start the application.

After applying online, proved their identity and provided the relevant documents, applicants will usually get a decision on their visa within eight weeks. The applicants can stay in the UK while waiting for a decision.

THE COST

Persons when applying for a Graduate visa will need to pay the £822 application fee and pay the healthcare surcharge. This is usually £1,035 for each year that they will be in the UK. It is advisable to check how much it will cost.

APPLICANTS WHO WORK IN PUBLIC-SECTOR HEALTHCARE

Those persons who are doctors or nurses or who work in health or adult social care, should check if they are eligible to apply for the Health and Care Worker visa instead. Please note that it is less expensive to apply for and persons do not need to pay the annual immigration health surcharge.

Please be aware that those persons who get a job in public-sector healthcare after they have paid the healthcare surcharge may be able to get a refund.

WHAT PERSONS CAN AND CANNOT DO WITH THE GRADUATE VISA

With a Graduate visa, persons can work in most jobs and also seek employment. They can also be self-employed, and if eligible, continue living in the UK with your partner and children. Successful applicants can also do voluntary work, travel abroad, and return to the UK.

Please note that persons cannot apply for most benefits (public funds) or the State Pension or work as a professional sportsperson. If the application is successful, persons will receive a full list of what they can and cannot do with a Graduate visa.

Just for completeness, be aware that persons can only study with a Graduate visa if their chosen course is not eligible for a Student visa. If the course is eligible for a Student visa, they will be able to extend their Student visa instead. Persons may need an Academic Technology Approval Scheme certificate if they are studying or researching sensitive topics.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com