International Graduates – can you qualify for a UK visa?

You’re from outside of the EU, you’ve finished your degree, and you think you’d like to stay in the UK.

We all know that visas are a minefield, and over the past few years your options have been reduced, but with the right qualifications and a bit of basic knowledge, it can be done.

So…what options are the open to you to stay?

Tier 2: The ‘work permit’

Armed with a good degree from a UK university, you have the opportunity to secure employment with a UK company. Some employers shy away from recruiting when a work permit may be involved, but you can tell employers that it’s not as complex as they think.

Once the company has proven to the Home Office that they are genuine, as long as the job is senior level enough (equivalent to NVQ level 6) and you are going to be paid the same that a UK national would be paid, then after a little bit of paperwork you can be given permission to work for that employer for up to five years.

If the application is made whilst you are still in the UK on your student visa, as long as you have already been awarded the degree, then the employer won’t even have to show that they have advertised the post! If you don’t find something immediately, don’t worry.

If you return home and then secure a job offer in the UK, a visa application can still be made for you, but it might take a little longer as the employer will have to show that they have met the ‘resident labour market test’, which means they will have to have advertised the position for 28 days.

If your potential employer thinks this is going to take too long, just remind him that most recruits have to work out a notice period of at least this length anyway.

Tier 4: Keep on studying!

If you’ve finished an undergraduate degree you may decide that you want to stay and complete a Masters, or if you’ve done your Masters perhaps you want to jump into a PhD.

As long as you haven’t already been in the UK for more than is allowed, and as long as you are jumping to a higher qualification or specialising, and have the maintenance and fees available, this should be quite straight forward.

If you’ve just finished a PhD, then you can apply for the ‘Doctorate Extension Scheme’, which allows you to stay in the UK for 12 months whilst you look for and then start work in the UK, and hopefully find an employer who will sponsor you for a Tier 2.

Tier 1 (Entrepreneur): Start your own business!

Many graduates, especially those who have completed MBA’s, are looking to stay in the UK to set up their own business. If you are lucky enough to have £200,000 available to invest, then this is possible, as long as you have a good idea and a good business plan, and will be recruiting at least two full-time employees.

If you don’t have £200,000, then you can apply with a partner who also needs a visa, as long as you have £200,000 between you.

If you are lucky enough to secure funding for your business from a UK or devolved government department (such as the Welsh Assembly or Scottish Parliament) or have backing from a DTI registered investment body, then you will only need to invest £50,000.

Other options…

Of course there are always other options. Perhaps you’ve been lucky enough to find love whilst you’ve been here, and are looking to marry your boyfriend or girlfriend. If that is the case, then depending on whether they are UK nationals, from another EU country, or have secured a visa for themselves, you may be able to apply to stay as their dependent.

For further information on any of the above categories of visa, or for answers to any other questions you have about visas and immigration, contact www.medivisas.com.

Victoria Sharkey has practised immigration law since 1998 and is the owner and Partner at MediVisas UK LLP.

Immigration laws are constantly changing, so please check with MediVisas or on the UKVI website https://www.gov.uk/government/organisations/uk-visas-and-immigration before applying