Immigration Corner | Can I stay in the UK to do graduate studies?

Dear Mr Bassie,

I will be graduating from university in the United Kingdom with my first degree, but I would like to stay on for further studies. Please advise if this is possible.

– G.T.

Dear G.T.,

It may be possible through applying for a graduate visa. A graduate visa gives persons permission to stay in the United Kingdom for at least two years after successfully completing a course in the United Kingdom. Those persons must be in the United Kingdom when they apply.

Eligibility

Persons can apply for a graduate visa if all of the following are true:

• They are in the United Kingdom;

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

• They studied for a United Kingdom 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;

• They have successfully completed that course.

Potential applicants should check if their course is eligible and how long they need to have studied 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 United Kingdom.

HOW LONG PERSONS CAN STAY

A graduate visa lasts for two years. If applicants 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.

Persons cannot extend their graduate visa. However, they may be able to switch to a different visa, for example, a skilled worker visa. Those persons should check that they can apply for another type of visa to stay in the United Kingdom.

HOW AND WHEN TO APPLY

Persons must apply online, and their partner and children can also apply to stay in the United Kingdom if they are eligible.

Persons must apply before their student visa or Tier 4 (General) student visa expires. They can apply as soon as their education provider (such as their university or college) has told them that they have successfully completed the course that they took with their student or Tier 4 (General) student visa. Please note that persons do not have to wait until they have graduated or have been given a certificate.

As part of their application, they will need to prove their identity and provide their documents. Please be aware that applications may take longer to process if they need an appointment to do this and they will find out if they need one when starting the application.

GETTING A DECISION

Once persons have applied online, proved their identity, and provided documents, they will usually get a decision on their visa within eight weeks. Please note that a person can stay in the United Kingdom while they wait for a decision.

WHAT IT COSTS

When applying for a graduate visa, persons will need to:

• Pay the application fee - This is usually £700.

• Pay the healthcare surcharge - This is usually £624 for each year that they will be in the UK. Persons should check how much it will cost.

PERSONS WHO WORK IN PUBLIC SECTOR HEALTHCARE

If a person is a doctor or nurse or works in health or adult social care, he/she should check if they are eligible to apply for the Health and Care Worker visa instead. It is cheaper to apply for, and he/she does not need to pay the annual immigration health surcharge. If he/she gets a job in public-sector healthcare after they have paid the healthcare surcharge, they may be able to get a refund.

WHAT PERSONS CAN AND CANNOT DO

With a graduate visa persons can:

• Work in most jobs.

• Look for work.

• Be self-employed.

• Continue living in the UK with their partner and children, if they are eligible.

• Do voluntary work.

• Travel abroad and return to the UK.

PERSONS CANNOT:

• Apply for most benefits (public funds) or the State pension;

• Work as a professional sportsperson.

If the application is successful, they will get a full list of what they can and cannot do with a Graduate visa.

Studying with a graduate visa;

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, persons can extend their student visa instead. Please be aware that persons may need an Academic Technology Approval Scheme (ATAS) certificate if they are studying or researching sensitive topics.

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, global vice-president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com