I have failed to complete my course on a Student visa – can I switch to a Graduate visa?

The journey through higher education can be fraught with challenges and unexpected obstacles.

For international students in the UK, these hurdles can be particularly daunting, especially when academic goals are disrupted, and visa concerns arise. If you find yourself unable to complete your course while on a Student visa, you might wonder if switching to a Graduate visa is a viable option. Here, we explore the intricacies of this transition and offer guidance on how to navigate it.

Understanding the Graduate Visa

This visa aims to attract global talent, providing graduates with the opportunity to work, look for work, or even start their own business in the UK. The Graduate visa, introduced on 1 July 2021, allows international students who have completed an eligible course in the UK to stay for 2 years post-graduation, or 3 years if you have a PhD or other doctoral qualification.

Eligibility Criteria for the Graduate Visa

To qualify for the Graduate visa, you must meet specific criteria:

1. Completion of a Course: You must have successfully completed an eligible course at a UK higher education provider with a track record of compliance. This typically includes undergraduate or postgraduate degrees. The date of successful completion is taken to be the date of the publication/receipt of final results and the subsequent update of your university record to reflect the results. For PhD students, completion is usually taken to be submission of e-thesis and the hardbound copy.

2. Valid Student Visa: You must hold a valid Student visa (or Tier 4 visa) at the time of your application. The application must be made before your Student Visa or Tier 4 (General) student visa expires.

3. Presence in the UK: You need to have studied in the UK for a minimum period, which varies depending on the length of your course. This period usually constitutes the entire length of your course, if the course duration is 12 months or less, or a minimum of 12 months if the duration of your course is over one calendar year. You must be physically present in the UK at the time of application.

4. Notifying the Home Office: To be eligible, your education provider must notify the Home Office that you have successfully completed your course. It is imperative to understand that you do not have to wait until after you have graduated or have been awarded a certificate of completion. Your university will generally notify the Home Office after your grades have been released and reflected on your student record. This means that you are considered to have successfully completed your course for the purpose of applying for the Graduate Visa. You do not have to wait until your graduation as there is usually a considerable lapse of time between grades being released and the actual date of graduation.

5. COVID-19 Disruption: The rules on the duration of your study in the UK may not apply if you had to do your course outside of the UK because of COVID-19. This will depend on several factors, and we strongly advise seeking legal guidance to discuss your individual circumstances.

6. Visa Cost: The application fee is ￡822, and the Immigration Health Surcharge is ￡1,035 per year of visa applied for.

What If You Have Not Completed Your Course?

The Graduate visa is designed for those who have completed their studies. If you have failed to complete your course, you would not meet the primary eligibility criterion. However, this does not necessarily mean the end of your aspirations to stay in the UK. Here are some potential pathways to consider:

1. Extensions and Resits

If your course completion was hindered by specific resolvable issues (such as failing a module or needing additional time for coursework), your institution may allow you to retake exams or submit outstanding work. In such cases, you may be able to apply for a Student visa extension. Students who do not complete the required assessments (i.e. a final submission or exam) by the original end date in their CAS should contact their university to check if they can re-sit their exams and have their results published before the end date of their CAS. This would give you the necessary time to complete your studies and subsequently become eligible for the Graduate visa.

2. Appeals and Mitigating Circumstances

If there were extenuating circumstances (e.g. medical issues, family emergencies) that led to your inability to complete your course, you might have grounds for an appeal within your institution. If successful, this could potentially allow for an extension or alternative arrangements to fulfil your course requirements.

3. Alternative Visa Options

If continuing your course or obtaining a Graduate visa is not possible, other visa routes may be suitable based on your circumstances. It is important to identify what visa route will best suit your needs in advance, so that you can have sufficient time in determining your future plans accordingly. It is important to also consider that you must submit a valid visa application before your current student visa expires. It is prudent to seek advice from an experienced immigration legal team as early as possible.

Steps to Take

1. Consult with Your University: Your first step should be to speak with your university’s international office or student advisor. They can provide guidance specific to your situation and help explore options such as course extensions or resits.

2. Legal Advice: Consider seeking legal advice from an immigration solicitor who can offer expert guidance on the best course of action based on your unique circumstances.

3. Prepare Your Documents: Whether you are applying for an extension, appealing a decision, or exploring alternative visa options, having all necessary documents and evidence ready will streamline the process.

4. Stay Informed: Immigration rules and policies can change. Keeping up to date with the latest information from official sources such as the UK government’s immigration website is important.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to?contact us ?for advice, send us an?e-mail: [email protected]

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

?Gherson ?2024