Graduate route .gov.uk

Graduate route

Version 2.0

Page 1 of 30 Published for Home Office staff on 05 November 2021

Contents

Contents......................................................................................................................... 2 About this guidance ....................................................................................................... 4

Contacts ..................................................................................................................... 4 Publication.................................................................................................................. 4 Changes from last version of this guidance .............................................................. 4 Validity for permission to stay applications ................................................................... 5 Validity requirements ................................................................................................. 5 Suitability for permission to stay ................................................................................... 7 Suitability requirements ............................................................................................. 7 Eligibility for permission to stay ..................................................................................... 8 Eligibility requirements............................................................................................... 8

Successful completion requirement....................................................................... 8 Sponsor notification................................................................................................ 8 Qualification requirement ....................................................................................... 8

Case study 1: a non-listed qualification that meets the qualification requirement......................................................................................................... 9 Case study 2: a non-listed qualification that does not meet the qualification requirement....................................................................................................... 10 Case study 3: a non-listed qualification for which a sponsor has made a notification but which does not meet the qualification requirement ................ 10 Study in the UK requirement................................................................................ 11 Study abroad programmes............................................................................... 12 Covid-19 concessions ...................................................................................... 12

Case Study 1: Student who began their course in 2020 ............................. 13 Case Study 2: Student who entered the UK to begin their course in 2021 13 Case Study 3: Course lasting longer than 12 months ................................. 13 Case Study 4: Course lasting longer than 12 months, started in Autumn 2021 .............................................................................................................. 13 Case Study 5: Course lasting less than 12 months, started in Spring 2022 ....................................................................................................................... 14 Confirmation of Acceptance for Studies (CAS) .......................................................... 15 Grant or refuse............................................................................................................. 17 Digital status............................................................................................................. 17 BRP .......................................................................................................................... 17 Graduate: grant permission to stay ......................................................................... 17 Graduate: period to grant ........................................................................................ 18 Page 2 of 30 Published for Home Office staff on 05 November 2021

Graduate: refuse permission to stay ....................................................................... 18 Rights of appeal and administrative review ............................................................ 18 Graduate: refusal paragraphs ..................................................................................... 19 Conditions .................................................................................................................... 20 Work conditions ....................................................................................................... 20 Professional sportsperson ....................................................................................... 20 Study conditions....................................................................................................... 20 Graduate: dependants................................................................................................. 21 Assessing applications for dependent partners and dependent children .............. 21 Validity...................................................................................................................... 21 Suitability .................................................................................................................. 22 Eligibility ................................................................................................................... 22

Proof of relationship for dependent partners....................................................... 22 Proof of relationship for dependent children ....................................................... 23 Care requirement for dependent children ........................................................... 23 Age requirement for dependent children ............................................................. 23 Grant or refuse permission: dependent partner or child of a Graduate ..................... 25 Graduate: refuse dependants.................................................................................. 25 Rights of appeal and administrative review ............................................................ 25 Dependant of a Graduate: refusal paragraphs ........................................................... 26 Conditions of leave ...................................................................................................... 27 Professional sportsperson ....................................................................................... 27 Study in a discipline covered by Appendix ATAS of the Immigration Rules.......... 27 Representatives........................................................................................................... 28 Requesting more information ...................................................................................... 29 Translating documents ................................................................................................ 30

Page 3 of 30 Published for Home Office staff on 05 November 2021

About this guidance

This guidance tells caseworkers how to consider applications from people who wish to remain in the UK to work, or look for work, under the Graduate route of the pointsbased system.

This guidance is based on Appendix Graduate and Appendix ATAS of the Immigration Rules. Paragraph 6 of the Immigration Rules contains a list of defined terms.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email the Student Migration Policy team.

If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team.

Publication

Below is information on when this version of the guidance was published:

? version 1.0 ? published for Home Office staff on 05 November 2021

Changes from last version of this guidance

Study in the UK requirement updated on page 12 to make clear that applicants who complete a course that is longer than 12 months must have been granted at least 12 months of Student or Tier 4 (General) permission. All study that takes place during the 12 months of Student or Tier 4 (General) permission must have taken place in the UK, except for permitted study abroad programmes.

Covid-19 distance learning concessions updated on pages 12 - 13 to reflect 6 April 2022 date. Case studies 4 and 5 added to assist decision makers.

Related content Contents

Page 4 of 30 Published for Home Office staff on 05 November 2021

Validity for permission to stay applications

This page tells caseworkers the validity requirements an applicant must meet when they apply for permission to stay as a Graduate.

Before considering any application, the caseworker must check the application is valid by referring to:

? the validity requirements for the Graduate route, contained in Appendix Graduate GR.1.1 to GR.1.6

Validity requirements

The caseworker must check the applicant has, or has last had, permission as a Student. For the purpose of this requirement, this means an applicant must either:

? currently hold valid permission on either the Student route or the Tier 4 (General) route

? have held valid permission on the Student or Tier 4 (General) routes which expired but either one of the paragraph 39E exceptions for overstayers applies or the applicant has been given a period of exceptional assurance and has not overstayed that period. In either case, the period of overstaying will be disregarded when considering their application

The caseworker must check the applicant's immigration history to make sure that the applicant has not previously been granted permission under the Doctorate Extension Scheme (DES) or held permission on the Graduate route. If they have previously been granted permission under the DES or on the Graduate route, then the application must be rejected as invalid.

If a student has previously been granted permission on the Tier 1 (Post-study work) route, International Graduate Scheme (IGS) or the Future Talent Working in Scotland Scheme, this will not prevent them from meeting the validation requirements of the Graduate route. If a student has previously been granted permission on one of these routes, the student will need to successfully complete a new eligible qualification at a Higher Education Provider with a track record of compliance and hold valid permission as a student once the route is introduced, they cannot rely on a previous qualification obtained or previous leave as a Student or under Tier 4 to access the route.

If an applicant has, in the 12 months before the date of application, been awarded a scholarship or sponsorship by a Government or international scholarship agency, covering both course fees and living costs for study in the UK (for example a Chevening or Marshall scholarship), it is a validation requirement that they must provide written consent from the financial sponsor to the application for permission to stay in the UK as a Graduate.

Page 5 of 30 Published for Home Office staff on 05 November 2021

Related content Contents

Page 6 of 30 Published for Home Office staff on 05 November 2021

Suitability for permission to stay

This page tells caseworkers where to find the suitability requirements an applicant must meet to be granted permission to stay on the Graduate route. Before considering any application, the caseworker must check the application is suitable by referring to:

? the suitability requirements for the Graduate route, contained in Appendix Graduate GR.2.1 to 2.2

Suitability requirements

The caseworker must check that the applicant does not fall for refusal under Part 9: grounds for refusal of the Immigration Rules. The caseworker must conduct verification checks if they have any doubts about whether the supporting documents which an applicant has submitted are genuine. Before considering whether eligibility requirements have been met for a Graduate application, the caseworker must check the applicant is not in breach of immigration law, except for periods of overstaying which can be disregarded under paragraph 39E of the Immigration Rules. The caseworker must not take into account any breaches of the Immigration Rules whilst the applicant was under the age of 18. The caseworker must also check that the applicant is not on immigration bail. Related content Contents

Page 7 of 30 Published for Home Office staff on 05 November 2021

Eligibility for permission to stay

This page tells caseworkers the eligibility requirements an applicant must meet to be granted permission to stay on the Graduate route.

The requirements for granting permission to stay can be found in:

? the eligibility requirements for the Graduate route, contained in Appendix Graduate GR.3.1 to 6.1

Eligibility requirements

Successful completion requirement

Caseworkers must check the Register of Student sponsors to ensure that the Student Sponsor is a higher education provider with a track record of compliance on the date of application. Sponsors which are HEPs are listed as `Student sponsor ? track record' on the Register of Student Sponsors.

The caseworker must check the applicant has successfully completed the course of study which was undertaken during their last grant of permission to study on the Student route, or their last permission to study prior to taking up an Student Union Sabbatical Office (SUSO) role on the Student route. Students who undertake two consecutive periods as a Student Union Sabbatical Officer after their studies will still be able to meet this requirement. Where the applicant was permitted to change their course of study under the Immigration Rules without applying for further permission as a Student, this requirement only applies to the course to which they changed. For information about when a Student can change course without applying for further permission, see Confirmation of Acceptance for Studies (CAS).

Sponsor notification

The Student Sponsor must have notified the Home Office, by the date of application, that the applicant has successfully completed the course of study. Sponsors will normally do this by way of bulk upload. If sponsors are unable to make the notification via bulk upload, they must use the agreed exceptions process.

If a notification has not been received from the Student Sponsor, but the CAS shows that the applicant had been studying a qualifying qualification, the caseworker must not refuse the application if it would otherwise be granted. Instead, the caseworker must contact the Sponsor asking for confirmation that the student has successfully completed the course of study.

Qualification requirement

The caseworker must check that the applicant has successfully completed a course of study for which they have been, or will be, awarded a UK bachelor's degree, a UK postgraduate degree, or successfully completed a relevant qualification listed in

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