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By: Alisa Bartholdy, Alexander Hood, James Connolly
There has been significant discussion lately regarding the prospective continuation of the Graduate visa in the United Kingdom. Despite the Migration Advisory Committee (MAC) recommending its retention, it is prudent to examine the array of existing visa alternatives accessible to international students upon completion of their university studies.
Graduate Visa
As mentioned, the MAC has recommended that the Graduate visa be kept in place for the time being. This visa allows students who complete their degree at an accredited institution in the UK to stay in the country for up to two years after studying up to a master’s level course, or three years after completing a Ph.D.
Employers do not need to hold sponsor licences to hire students on the Graduate route, nor is there a salary requirement like the Skilled Worker route; all that is required is that the Graduate employee is paid the national minimum wage. The Graduate employee is also free to explore all types of work, including self-employment or voluntary work, thus allowing more economic freedom than other visa routes.
The Graduate visa itself does not lead to Indefinite Leave to Remain (ILR) in the UK. Furthermore, this visa cannot be extended. This means that people on the Graduate visa route will then need to switch to a different residence-based economic visa route, some of which are explored below.
Skilled Worker Visa
A common option for graduates is to switch to the Skilled Worker route, either immediately after the conclusion of their studies or toward the end of their Graduate visa. This option requires employers to hold a sponsor licence and assign a Certificate of Sponsorship to the graduate concerning a role that meets the minimum skill level and salary levels (either £38,700 per year, or the “going rate” for the type of job, whichever is higher). There is an English-language requirement that the graduate will likely meet having completed their studies in the UK.
There are circumstances where the minimum salary requirement is lower, such as being a recent graduate (which would apply here), holding a Ph.D. in a STEM subject, or being employed in a job on the immigration salary list (this replaced the shortage occupation list).
It is also worth noting that employers do not need to pay the Immigration Skills charge (currently priced at £364 per year of sponsorship for small companies, and £1,000 per year of sponsorship for medium and large companies) if sponsoring a Student visa holder to switch to the Skilled Worker route. In contrast, this charge would be applicable if they were sponsoring a Graduate visa holder.
A Skilled Worker visa enables the holder to undertake a specific role for a specific employer and so is less flexible than a Graduate visa in this respect. Nonetheless, they can work up to 20 hours a week in another job or for their own business, if they are still doing the job for which they are being sponsored and their work is in an eligible occupation.
A Skilled Worker visa is more flexible when it comes to dependants; whilst Graduate visa holders are only able to sponsor dependants who were previously dependants on their Student Visa, the partners and children of Skilled Workers can apply to stay with them in the UK at any point.
In addition to this, the Skilled Worker visa can be extended indefinitely and after accumulating five years of qualifying residence the individual may apply for settlement. For some, this is an incentive to switch to the Skilled Worker visa as soon as possible, so that the five-year clock to settlement is running, rather than spending two years on a Graduate Visa first.
Innovator Founder Visa
The Innovator Founder route is available for any graduates who wish to start their own business in the UK after graduation. The business must be completely new and must be endorsed by an approved endorsing body, and the business must be “innovative, viable and scalable.” The applicant must also meet certain milestones that will be agreed upon with the endorsing body and will need to show business progression throughout their leave.
While this may sound challenging, a benefit of the Innovator Founder route is that it leads to settlement in three years instead of five, and dependents are allowed to stay with them in the UK.
Global Talent Visa
The Global Talent route is targeted at individuals recognised as exceptional talent or persons of exceptional promise in a prescribed field (science, medicine, engineering, digital technology, humanities and arts and culture) and allows applicants to work in their field of expertise.
The Global Talent route consists of two applications: an endorsement application, where the applicant must be endorsed by the relevant endorsing body for their chosen field; and the visa application itself. This route allows a person to work in the UK without being tied to a specific employer like the routes mentioned above, meaning they can live and work in the country with minimal restrictions.
This route also allows the applicant to apply for settlement after only three years, and once again allows dependants to join them in the UK.
Need to Know More?
For further information regarding the UK immigration system, please contact Managers Alisa Bartholdy and Alex Hood at [email protected] and [email protected], respectively, and Paralegal James Connolly at [email protected].
This blog was published on 5 July 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.
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