In the past, international students in the UK could switch from their Student visa to a Skilled Worker visa as soon as they found a sponsored job, as long as they met the requirements. However, recent changes to the Student visa rules now limit when students can make this switch.
What’s Changed for Students Switching to the Skilled Worker Visa?
As of July 17, 2023, new rules prevent students from switching to a Skilled Worker visa before they finish their course. This means that students must have completed their studies or have a job offer that starts after their course completion date before they can apply for the Skilled Worker visa.
These changes also impact students’ ability to switch to the Skilled Worker dependent visa. If a student’s partner is on a Skilled Worker visa, the student cannot switch to become a dependant until after their studies are complete.
Why Are These Changes Being Made?
The UK government made these changes to reduce net migration and prevent misuse of the visa system. In 2022, the UK saw a significant rise in net migration, reaching 745,000. The government aims to ensure that the Student visa route is used for studying, not as a way for students to switch to a work visa too early.
New Rules for Switching to the Skilled Worker Visa
To switch from a Student visa to a Skilled Worker visa, students must meet at least one of the following conditions:
- Complete the Course: They must have finished the course they were sponsored for.
- Full-time Degree or Above: If they are still studying, they must be enrolled in a full-time degree-level or higher course at a recognized university. They must also have a job offer with a Certificate of Sponsorship (CoS) that starts no earlier than their course completion date.
- Full-time PhD: If they are doing a PhD, the job offer must have a start date no earlier than 24 months after the PhD course starts.
Once the course completion date is reached, students can apply for a Skilled Worker visa up to 3 months in advance of their job start date. The job must meet the required salary and skill level for the Skilled Worker route, and students must meet all other visa requirements, such as the English language test and financial support (unless the sponsor certifies maintenance).
How Employers Can Support the Process
When assigning a Certificate of Sponsorship (CoS) to a student, employers must ensure that the job start date is after the student’s course completion date. To avoid delays, it’s a good idea for employers to add a sponsor note on the CoS to clarify the situation for the Home Office.
Requirements for Switching to the Skilled Worker Dependant Visa
The new rules also affect students who want to switch to a Skilled Worker dependent visa. To switch, students must meet one of the following conditions:
- Complete the Course: The student must have finished their course of study.
- Full-time PhD: If they are doing a PhD, the job start date must be at least 24 months after the course starts.
While a partner on a Student visa can switch to a Skilled Worker visa at any time, the main student cannot switch to become a dependant until they meet the above conditions.
Does Time Spend on a Student Visa Count Toward Indefinite Leave to Remain (ILR)?
Time spent on a Student visa (whether as the main applicant or as a dependant) does not count toward the 5 years needed for Indefinite Leave to Remain (ILR) in the UK. The only exception is if you apply for the 10-year settlement route. Once you switch to a Skilled Worker visa, you must complete 5 years of continuous residence in the UK to qualify for ILR.
