Important Updates
Important Updates
August 18, 2025 | AustraliaPartner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration
August 19, 2025 | ChinaChina: New Visa for Young Scientific and Technological Talent Forthcoming
August 19, 2025 | EgyptEgypt: New Labor Law Forthcoming
August 19, 2025 | United Arab EmiratesUnited Arab Emirates: Longer Durations for Visas-on-Arrival
August 18, 2025 | AustraliaAustralia: Updates to National Innovation Visa Programs in New South Wales, South Australia and Victoria
August 18, 2025 | AustraliaPartner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration
August 19, 2025 | ChinaChina: New Visa for Young Scientific and Technological Talent Forthcoming
August 19, 2025 | EgyptEgypt: New Labor Law Forthcoming
August 19, 2025 | United Arab EmiratesUnited Arab Emirates: Longer Durations for Visas-on-Arrival
August 18, 2025 | AustraliaAustralia: Updates to National Innovation Visa Programs in New South Wales, South Australia and Victoria
August 18, 2025 | AustraliaPartner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

Marking Boycott: Impacts for Potential UK Visa Applicants

July 28, 2023

Marking Boycott: Impacts for Potential UK Visa Applicants

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

adam_hickling

Adam Hickling

Manager (Solicitor)

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9148

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

adam_hickling

Adam Hickling

Manager (Solicitor)

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9148

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

adam_hickling

Adam Hickling

Manager (Solicitor)

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9148

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Adam Hickling, Yan Wen Koo

On 20 April 2023, the University and College Union (UCU) began a marking and assessment boycott (MAB) in response to disputes relating to pay and working conditions.

As the MAB continues, there are concerns that this boycott could have an impact on international students seeking to apply for the Graduate visa route.

Home Office Q&A on marking boycott and graduate route applications

The Home Office released a written statement, supplemented with Q&As, to cover situations where the MAB has impacted international students who intend to apply for a Graduate visa. Due to the MAB, international students may not receive their results before their Student visa expires, otherwise preventing an application to switch to the Graduate visa route. To mitigate the potential disruption, the Home Office may apply exercise discretion for 1) Graduate route applications and 2) Student visa extension applications.

1) Discretionary arrangement for graduate visa applications

For international students with Student visas due to expire before receiving results, the UK Visa and Immigration (UKVI) will consider exercising discretion and will hold Graduate route applications made before the applicants’ results have been received, provided that the results are received within eight weeks from the date the application is submitted.

The UKVI states that applications made in the above scenario (i.e., without an applicant’s results) is done so at the student’s risk. If the successful completion of the course has not been reported to the UKVI within eight weeks of the application submission, the application may not be successful and applicants who no longer hold a valid Student visa will be required to leave the UK or switch to an alternative eligible visa route.

Although discretionary, this arrangement puts Graduate route applicants at risk because once they leave the UK, they will not be able to apply for the Graduate route from outside the UK unless they re-enter the UK with a completely new Student visa. The UKVI confirms that there will not consider the option to allow applicants to obtain entry clearance from outside the UK. Additionally, it is the student’s sponsor’s responsibility to ensure that the successful completion of the course notification is provided to the UKVI which makes it especially challenging for applicants to foresee whether such notification will be made within the eight-week period from the date of application deadline.  

2) Discretionary arrangement for student visa extension

Alternatively, for international students who do not know when they will receive their results due to the boycott, they will be exceptionally exempt from meeting the academic progression requirements in order to apply to extend their Student visa whilst waiting for their results, but all other requirements of the Student route, including having a new Confirmation of Acceptance for Studies (CAS), would still need to be met. Sponsors of international students should include a sponsor note on the Confirmation of Acceptance for Studies (CAS) that the extension is due to the marking boycott.

The UKVI understands that extending an application would incur additional fees and costs for the applicant but has made it clear that they will not be held responsible for any costs associated with the extension application. If the sponsor chooses not to extend the Student visa, the international student will lose their eligibility to apply for the Graduate route and will be required to leave the UK before their current visa expires or switch to an alternative eligible visa route. If the student’s sponsor supports the extension, this then leads to the potential issue of extra costs being passed on to the international student. Therefore, the international student affected by the MAB who otherwise would have been looking to switch to the Graduate route may face additional visa application fees for the extension of their Student visa on top of the Graduate visa application once their course has been completed following the issuance of their results.

Impacts on further studies

International students who are due to progress onto further study would not benefit from the above discretionary arrangements because the UKVI already has provisions in the Student visa guidance to allow letters of formal written confirmation to be provided by the sponsor confirming that the student is highly likely to complete their course successfully. If such a statement is not made prior to the expiration date of the Student visa, the student can apply for a new student visa from outside the UK.

Additional requirements for student visa holders switching to sponsored work visas

As of 17 July 2023, the Home Office introduced new conditions which Student visa holders must meet before they can apply to switch to one of the sponsored work visa categories, such as the Skilled Worker visa route.

On the date of submission of the Skilled Worker visa application, the Student visa holder applicant must:

    1. have completed the course of study as per CAS; or
    2. be studying a full-time course of study at degree level or above with a higher education provider which has a track record of compliance and the start date on the Certificate of Sponsorship (CoS) is no earlier than the course completion date; or
    3. be studying a full-time course of study leading to the award of a PhD with a higher education provider which has a track record of compliance and the start date on the CoS must be no earlier than 24 months after the start date of the course.

Interestingly, the difference between the Graduate visa requirements (successful completion requirement) and the sponsored worker (course completed) suggests the recent changes will result in minimal impact within the context of the MAB for individuals looking to switch into sponsored visa categories, assuming their future employer does not need to see final grades as a possible condition before commencing the role.

The reason for this, according to the caseworker guidance, is that it is normally determined whether the applicant has completed their course by checking the end date on the CAS and, it is possible to apply for a sponsored work visa up to three months in advance of the start date (provided that the start date is post-course completion). Therefore, applications for a sponsored visa could be made up to three months in advance of the course completion, rather than the date results were received.

Need to know more?

For questions related to the MAB and its impacts, please reach out to Senior Associate Adam Hickling at [email protected].

This blog was published on 28 July 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram. 

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

adam_hickling

Adam Hickling

Manager (Solicitor)

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9148

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

adam_hickling

Adam Hickling

Manager (Solicitor)

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9148

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

adam_hickling

Adam Hickling

Manager (Solicitor)

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9148

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Media mentions

NBC Bay Area: H-1B Visa Holders Will Be Required to Renew in Person Starting in September

Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Media mentions

NBC Bay Area: H-1B Visa Holders Will Be Required to Renew in Person Starting in September

Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.