Student visa holders and potential applicants for the Graduate Visa have been granted a concession for grade delays.
The Home Office is permitting some flexibility in the visa system for international students whose grades are affected by the UCU marking and assessment boycott.
It has been reported that international students face additional complications as a result of uncertainty as to when they will receive both individual grades and overall degree awards. These complications range from falling foul of reporting requirements where students are sponsored by their governments to a lack of clarity regarding eligibility for stipends to a potential inability to apply for post-study work visas.
What is Graduate Visa Requirement?
Under the qualification requirement for a Graduate Visa, the applicant must have successfully completed the course which was undertaken during their last grant of leave to study on the Student route and, by the date of application.
The applicant is due to be, awarded a UK bachelor’s or postgraduate degree, or one of a number of professional qualifications at degree level.
The applicant’s education sponsor must have informed the Home Office that the applicant has completed their course of study to the required standard.
When can a Graduate route application be made?
To be eligible to apply for the Graduate Visa, the applicant must successfully complete the course of study and the applicant must be in the UK with a valid Student visa. Applications for the Graduate route cannot be made from overseas.
Applicants need to submit a visa application prior to the expiry of the current student visa. The permission will automatically be extended beyond the expiry date of your permission whilst you have a pending immigration application, known as section 3C leave.
Applicants should note that they cannot travel overseas with a pending application, which is particularly important for international students. If they were to leave the UK with a pending immigration application, it would be deemed withdrawn.
What is Home Office’s Discretionary Arrangement?
To help mitigate these concerns whilst the marking boycott continues, the Home Office arranges the discretion for international students who have permission is about to expire:
However, the Home Office has made it very clear that this arrangement is discretionary and not a concession. Therefore, it can be believed that these are temporary measures created in response to the instability caused by the boycotts.
Applying for a Graduate Visa While Results Are Pending
According to the aforementioned arrangement, this is permitted if your results and degree approval are delayed due to the boycott.
This applies if UKVI is notified of the successful completion of your course within eight weeks of your application. If this does not occur within 8 weeks, the application for a Graduate visa may be refused.
The application processing time could take longer than the standard eight-week processing time. Following the submission of your application, UKVI will place the application on hold until they receive confirmation from your university that you have successfully completed the course.
You should consult your university's Student Services to determine whether course completion is likely to be reported within 8 weeks. Since the timing of confirmation from your Sponsor is likely to be uncertain, you may wish to submit your application as close to the expiration of your current permission as feasible.
What happens if an application for the Graduate visa is made but the results are not received within 8 weeks?
Any application made in this scenario is done so at the student’s risk, and if the successful completion of the course has not been reported to UKVI within 8 weeks of the application being made, the application may be refused.
What happens if a Graduate Visa application is refused?
Where an application for the Graduate Visa is refused on the grounds of successful completion not being notified within 8 weeks and the applicant no longer holds valid Student permission (including permission extended under s3C), they will be required to leave the UK or regularise in an alternative route appropriate to their circumstances. If they leave the UK, they will not be able to apply for the Graduate route from overseas, or if they re-enter as a Visitor (or anything other than a Student).
Is it possible to extend my student visa while waiting for the result?
Individuals with Student visas cannot apply for a Student visa extension. This is due to the requirement for academic progression. However, UKVI will allow exemption from the academic progression requirement due to the delay in degree approval caused by the boycott. Other than academic progression, all other requirements must be satisfied at the time of application. This exemption is intended for students who ultimately intend to transfer to the Graduate route, not to the Skilled Worker route or another course.
It may be appropriate to extend the Student visa if the results are not likely to be available within a few weeks of the permission of the student visa’s expiry date.
A Student visa extension can be done by Sponsors issuing a new Confirmation of Acceptance for Studies (CAS) to be used in the new application. The Sponsor would need to provide justification for the additional CAS required.
After obtaining degree approval, you could petition for a Graduate visa at a later date. Eventually, the additional stage of extending will increase the cost of obtaining permission as a Graduate.
Once you have obtained degree approval, you could then apply for a Graduate visa.
If you are permitted to extend to stay as a student alternatively, you will have the same conditions attached to your Student visa and certain activities you are not permitted to do. In addition, the cost of obtaining stay permission as a student and a graduate will be increased.
For expert advice in relation to an application for a Graduate visa or immigration law issues resulting from the boycott, contact us at 0203 865 6219 or leave us a message.