How Foreign Students in the UK can legally overcome the 20 hours a week work limit and work fulltime lawfully by switching to a new popular visa route

UK immigration policy is changing, and it is changing very fast. Most of these changes have been in the direction of encouraging the influx of migrants into the country. However, the British government have been meticulous to ensure that only certain calibre of migrants are allowed into the country.

In this report, we shall be looking at a recent policy change by the UK government that now allows foreign students arriving to study in the UK to take advantage of the Skill Workers Visa even before they are due for the usual Graduate Visa route, which allows graduates extended 2 to 3 year stay in the UK with fulltime work permit.

Particularly, we shall be covering the following scope in this report:

1. Previous student work permit policy
2. The new change affecting the previous policy
3. Understanding the Skilled Worker Visa in the new policy regime
4. How to take benefit of the new policy change
5. Comparing the Skilled Worker Visa with Graduate Visa. The benefits of the new policy change
6. How students and their family members can switch to Skilled Worker Visa.

PREVIOUS STUDENT WORK PERMIT POLICY

Before now, students studying in the United Kingdom were allowed to work and support themselves financially, while still studying. However, they must limit to working only 20 hours per week during school term period and full time during holidays.

Also, upon completion of their studies, students can apply for the Graduate Visa that allows them to remain in the UK to work for up 3 years in some cases. Student who finish at graduate and masters degree level are giving can 2 years, while those at PHD level are giving 3 years.

Recall that the Student Visa route allows students who are married with family to relocate to the UK with their family (wife and children). After graduation, these family members are also allowed to apply for the Graduate Visa.

Note importantly that these students and their family members were not allowed to switch the Student Visa until after graduation. This was exactly the position before the recent policy change was made.

THE NEW CHANGE AFFECTING THE PREVIOUS POLICY

A recent adjustment made by the UK Home Office have now made it possible for students studying in the United Kingdom to work full time as against the usual 20hours work per week that has been the practice allowed by the Home Office.

The recent change allows students to switch to the Skilled Worker Visa (SWV) route almost immediately upon arrival in the country. They do not need to wait until after graduation to do this.

They do not need to complete and earn a degree before applying to switch to the SWV. This is now obsolete, as they are permitted to apply even within days of arriving in the United Kingdom if they so choose.

Under the SWV route, visa holders are allowed to work freely on jobs that meet the eligibility requirements.

UNDERSTANDING THE SKILLED WORKER VISA IN THE NEW POLICY REGIME

This is a visa typed that recently replaced the UK Tier 2 (General) Work Visa. However, in real sense they cover about same purpose. A Skilled Worker Visa is the category of visa that “allows you to come to or stay in the UK to do an eligible job with an approved employer.”

Also, is good to point out that the UK government earlier confirmed that from the 15^th of February 2022, care workers and home carers will be recognised on the Skilled Worker shortage occupation list. They will therefore be eligible as jobs under the Skilled Worker Visa.

The details were confirmed in a Statement of Changes in Immigration Rules (HC 1019) and follows confirmation that the government would be accepting recommendations made by the Migration Advisory Committee in the UK.

The United Kingdom is depending heavily on international students to feel up the skill and labour shortages created by the exit of European workers following the Brexit.

One thing to note is that this category of visa even by its definition shows that it is very encompassing. It is very generic, and would cover very wide immigrants. However, this will be subject to further specification, which we have already discussed in another article which you can find here.

COMPARING THE SKILLED WORKER VISA WITH GRADUATE VISA

Recall that Graduate Visa route is the usual route foreign students in UK fall back to after their studies. We shall now look at the benefits of the new policy change as against this previous regime.

The new change introduced by the UK Home Office have expanded the benefits and the working opportunities for students studying in the United Kingdom.

1. Students are no longer required to finish their studies before switching from the Student Visa to another route. They can now switch almost as soon as they arrive the United Kingdom.
2. The Graduate Visa Route is only available to students after graduation. So, even though it affords students the opportunity to work fulltime, they can only exploit it after graduation. However, switching to Skilled Worker Visa solves this problem.
3. Students are no longer compelled to work only for 20 hours per week, even if they continue with the studies. They can still be studying and working fulltime, subject to their academic schedule allowance. This is as a result of the new change permitting switching to Skilled Worker Visa.
4. The Graduate Visa route guarantees access to the UK labour market, but it is very expensive, considering that student will have to first spend lots of money in paying full school fees, cost of accommodation and all related school expenses for the full length of the academic program.
5. On the other hand, under the new policy students can switch early enough and have fulltime access to the UK labour market at a very lesser cost compared to the Graduate Visa route.
6. Under the Graduate Visa you cannot apply for most benefits (public funds), or the State Pension. On the other hand, Skilled Worker Visa does not suffer this limitation, especially as it affords straighter path to settlement in the UK.

HOW TO SWITCH TO SKILLED WORKER VISA.

To do this, you can get proper guidance from the official government website even without paying expensive legal fees to lawyers. However, retaining an immigration expert is always your best option.

Switching to SWV is only possible when you are already in the in the UK. You cannot apply to switch from outside the country. However, you can apply for the SWV directly from outside the UK instead of going for the Student Visa at all.

But if you have already obtained the Student Visa, then you can apply to switch when you arrive the UK. Also, if you are already in school in the UK and now wish to switch, you can also do so.

Your partner or children will need to apply separately to switch their visa. They can either apply at the same time as you, or at any time before their current visa expires.

We know you may have questions, comments or recommendations following this report. Kindly drop them in the comment section below. We promise to respond adequately.

https://www.youtube.com/watch?v=JoEq29gQ4_g

For enquiries about this report, or to write for Clariform please send email to [email protected], or click here.