On 17th July 2023, the UK government announced significant changes to the Student Visa route through the Statement of Changes in Immigration Rules. These reforms, which come into effect for students applying after 3 p.m. on 17th July 2023, mark a major shift in how international students can transition into work after completing their studies. For those starting their courses from 1st January 2024, the rules governing the path from a Student Visa to work visas have undergone a crucial transformation.
This article takes a closer look at these changes, their implications for international students, and what it means for their future plans in the UK.
What Are the Key Changes to Switching from a Student Visa to a Work Visa?
Historically, students in the UK were able to switch to a work visa before completing their courses, provided they met the required job offer and salary conditions. This was seen as a way to retain skilled talent and contribute to the UK economy post-graduation.
Under the new rules, however, students will now only be able to switch to a work visa after completing their degree-level course. While students are still eligible to apply for a work visa during their studies, the start date for the work visa must be after the course completion date.
This rule, however, does come with an exception: PhD students. Those pursuing a PhD will be able to switch into a work route up to 24 months after the start date of their course, without needing to have completed their studies. This concession is aimed at retaining high-skilled talent, ensuring that PhD graduates can contribute to the UK workforce more immediately, given their advanced qualifications.
Which Work Routes Can Students Switch To After Completing Their Studies?
The UK offers a variety of work routes for students once they have completed their courses. These routes, under the Skilled Worker system, include options for both skilled professionals and those seeking to contribute to the UK economy in other ways. Some of the work routes students can switch to after completing their degree include:
- Skilled Worker
- Senior or Specialist Worker
- Graduate Trainee
- UK Expansion Worker
- Service Supplier
- Secondment Worker
- T2 Minister of Religion
- Representative of an Overseas Business
- Global Talent
- High Potential Individual
- Scale-Up
- Innovator Founder
Each of these categories has specific criteria, including minimum salary requirements and job offer conditions, which students must meet in order to be eligible for switching to the respective work route.
Why Are These Changes Being Implemented?
The changes come at a time when the number of international students in the UK has been growing rapidly. According to UK Visas and Immigration (UKVI), the number of students sponsored by universities increased by 108% between 2019 and 2023. These students contribute significantly to the UK’s education sector and, by extension, to the wider economy.
However, there have been concerns that some international students have been using the Student Visa route as a “backdoor” to enter the UK for work purposes. The government has expressed concern that the system was being exploited by students who were not primarily focused on their education. As Tom Pursglove MP, Minister for Justice and Immigration, stated in a statement regarding the changes, the government aims to preserve the attractiveness of the UK’s higher education sector while tightening control over the work-related aspect of student immigration.
The broader aim of these reforms is to curb migration from the Student Visa route without unduly limiting the flow of international students who are genuinely interested in pursuing education in the UK. By ensuring that students complete their courses before switching to work visas, the government hopes to restore the original purpose of the Student Visa: to facilitate education rather than just a route to employment.
How Will These Changes Impact International Students?
For many international students, these changes may alter their plans significantly. Previously, a student might have been able to secure a job offer before finishing their course and then switch to a work visa early. Now, however, students will need to wait until their course is complete, which could result in delays for those who wish to transition directly into employment.
This could be seen as a deterrent for some students who may prefer to begin working sooner. On the other hand, for PhD students, the 24-month window to switch to a work visa without completing the course could be a welcome development, providing greater flexibility for high-skilled talent.
For students and institutions alike, the rule changes will require careful planning. Students will need to ensure that they are in a position to meet the work visa requirements after graduation, and universities may need to offer more guidance on how these changes could affect students’ career plans post-graduation.
Can Students Still Work During Their Studies?
While the ability to transition to a work visa has become more restrictive, students on a full-time degree course in the UK can still work during their studies. However, the type and amount of work they can do is subject to strict regulations.
Full-time students on a degree-level course can work:
- Up to 20 hours per week during term time
- Full-time during holiday periods or while on a course placement
- As a student union sabbatical officer for up to two years
Students are prohibited from working on a permanent contract or setting up their own business. These limitations ensure that the primary focus of the student remains on their academic studies, with work permitted only as a secondary activity.
The Short-Term Student Visa and Its Limitations
Another important category of student visa is the Short-term Student Visa, which applies to individuals studying English language courses that last between 6 and 11 months. Short-term students are not permitted to work in the UK, either paid or unpaid, and they cannot switch to another visa, including a work visa, during their stay.
A Shift in Student Immigration Strategy
The changes to the Student Visa rules represent a clear shift in the UK’s immigration strategy. By enforcing stricter conditions on the ability to switch from a Student Visa to a work visa, the government aims to ensure that students are in the UK primarily for educational purposes. While these reforms may make it more difficult for some students to transition directly into employment, the changes are part of the government’s broader strategy to reduce overall immigration levels, particularly from the student visa route.
For those considering study in the UK, it is essential to stay informed about the implications of these new rules. International students are still a vital part of the UK’s economy and educational landscape, but it is increasingly important to understand how these changes will shape their path from education to employment.
Need Advice? If you’re a student in the UK or planning to apply for a Student Visa, it’s crucial to understand these changes and how they may affect your transition into the workforce. Our immigration experts can provide guidance tailored to your specific circumstances. Contact us today to learn more about your options under the new rules.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.