Employment and the Graduate Visa
Under the Graduate Immigration Route, you are able to undertake any type of work in the UK (except as a professional sportsperson) and it does not have to be related to the qualification you gained with your Student or Tier 4 visa.
Students are not required to wait for a decision on their Graduate visa application to be made before their start work. Instead, under the Graduate Immigration Route individuals are able to begin working full time as soon as they have completed their course. During the time of finishing their course and awaiting a decision, the student’s Student visa will automatically be extended. However, employers will be required to carry out an Employer Checking Service (ECS) check and obtain a positive verification (PVN) from the Home Office. By doing so they are ensuring that the student has made an in-time Graduate visa application and that they have the right to work in the UK.
As part of the right to work check, you will be required to provide your employer with a share code as this will prove your status. Employers will then use the share code and your date of birth to check your right to work.
A note for employers: the right to work check must be done in the presence of the graduate (in-person or virtually) in order to check that the online photo is that of the graduate. You will then need to save the online profile page as a hard copy or electronically as a PDF.
How does the Graduate Immigration Route benefit employers?
There are numerous ways in which employers can benefit from employing a Graduate Visa holder:
- Unlike other PSW visas, the Graduate Immigration Route requires the student to apply and pay for the application, as opposed to the employer.
- There are no minimum salary requirements in employing Graduate Visa holders other than national minimum wage.
- It allows companies to be strategic in their recruitment, enabling businesses to target those overseas markets in which they are wishing to explore.
As an employer, can I refuse someone who has a Graduate Visa?
An employer cannot refuse an application from someone on a time-limited visa and right to work. To avoid discrimination claims, all applicants should be considered on merit and refusals can only be made on the basis that other candidates were stronger. If this has not been followed then be prepared to justify your decision.
Switching from a Graduate Visa to the Skilled Worker Visa
The Graduate Visa cannot be extended, therefore, if you wish to remain in the UK you must switch to another appropriate immigration route. The Skilled Worker Visa is one immigration route which you may be eligible to switch to.
In order to be eligible to switch from the Graduate Immigration Route to the Skilled Worker Visa, you must have a job offer from an approved UK sponsor amongst other requirements.
Graduate Visa holders who are making the switch to a Skilled Worker Visa will be regarded as a new entrant. Therefore, businesses will benefit from being able to pay them a minimum salary of £30,960 or 70% of the going rate salary (which is higher) for the job they will be carrying out.
A business which possesses a sponsor licence is able to benefit from having access to a broader recruitment pool, therefore, having an opportunity to employ the brightest and best talent regardless of where they are based in the world.
Information correct at time of writing - 7th May 2024.
