15 July 2014 #Employment
The number of international graduates in the UK is increasing; approximately 219,000 study related visas were issued in 2013. However, once migrants have completed their studies, many will want to stay in the UK. This note sets out some of the visa routes that graduates can explore if they want to stay in the UK post study.
Tier 2 (General)
What is it?
Under this route graduates from outside the European Economic Area can be sponsored by licensed employers (sponsors) to carry out skilled jobs that cannot be filled by settled workers.
Leave to remain in the UK under this route may be granted for up to 3 years with the ability to extend at the end of that period (for a further 3 years). Also since 6 April 2014, it is possible to apply for leave for up to 5 years initially (if the individual pays a higher fee). Subject to eligibility requirements, the graduate can apply for settlement after 5 years.
What are the eligibility requirements?
In order to be eligible a graduate must:
Tier 5 (Youth Mobility) visa
What is it?
The Tier 5 (Youth Mobility) visa can be used by sponsored graduates from participating countries[2] and territories who wish to experience life in the UK. The graduate’s government/ authority acts as a sponsor.
This route is short term as the graduate may only remain in the UK for a maximum period of 2 years, no further extension can be granted. This route does not count towards settlement.
What are the eligibility requirements?
In order to be eligible a graduate must:
Tier 1 (Graduate Entrepreneur) visa
What is it?
Although very few individuals will qualify under this category; it applies to graduates who are endorsed by UK Higher Education Institutions and UK Trade and Investment as having developed business ideas and entrepreneurial skills enabling them to establish a business in the UK. The endorsement must show that the individual:
However, only certain Higher Education Institutions can endorse migrants.
A graduate can remain in the UK for a maximum period of 2 years under this route (i.e. an initial period of one year with the option to extend by a further year); this route does not count towards settlement.
What are the eligibility requirements?
In order to be eligible a graduate must:
Tier 1 (Entrepreneur) visa
What is it?
Although perhaps less commonly used by graduates, this route is open to migrants who want to invest in the UK by setting up or taking over, including being actively involved in, the running of one or more businesses in the UK.
Entry is granted for 3 years and 4 months (with the possibility to extend by a further 2 years). This route can lead to settlement after 5 years (subject to eligibility requirements).
What are the eligibility requirements?
In order to be eligible a graduate must:
Tier 1 (Exceptional Talent)
What is it?
If the graduate is endorsed as an internationally recognised leader or emerging leader in the field of science, humanities, engineering, medicine, digital technology or the arts, then s/he may be able to apply for a Tier 1 (Exceptional Talent) visa.
If successful, the graduate can remain in the UK for 3 years and 4 months. The graduate may extend the visa by a further 2 years and therefore can apply for settlement after 5 years (subject to eligibility requirements).
What are the eligibility requirements?
In order to apply, the graduate will need to apply to the Home Office to get endorsed as a leader or emerging leader in the relevant field of study. The application for endorsement must be considered by:
The graduate must also meet the English language requirement.
Conclusion
Whilst the above are the main routes for graduates, there may also be other visas that can be utilised based on individual circumstances. Therefore, if you would like more information, please feel free to get in touch and we will gladly discuss these options further.
[1] Since 6 April 2014 the minimum salary for a Tier 2 (General) visa increased from £20,300 to £20,500. Graduates must also be paid the appropriate rate for their role (according to the standard occupational classification code guidance).
[2] Currently Australia, Canada, Japan, Monaco, New Zealand, South Korea, Hong Kong and Taiwan
[3] Different rules apply if the applicant has more money to invest