Immigration Rules Appendix Graduate – Immigration Rules – Guidance

1. GR 1.1. A person applying for permission to stay as a Graduate must apply online on the gov.uk website on the specified form “Graduate”.

1. GR 1.2. An application for permission as a Graduate must meet all the following requirements:
   1. (a) any fee and Immigration Health Charge must have been paid; and
   2. (b) the applicant must have provided any required biometrics; and
   3. (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
   4. (d) the applicant must be in the UK.

1. GR 1.3. The applicant must have, or have last had, permission as a Student.

1. GR 1.4. The applicant must not have been previously granted permission under the Doctorate Extension Scheme or as a Graduate.

1. GR 1.5. If the applicant has in the 12 months before the date of application been awarded a scholarship or sponsorship by a Government or international scholarship agency covering both fees and living costs for study in the UK, they must provide written consent to the application from that Government or agency.

1. GR 1.6. An application which does not meet all the validity requirements for a Graduate is invalid and may be rejected and not considered.

1. GR 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

1. GR 2.2. The applicant must not be:
   1. (a) in the UK in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
   2. (b) on immigration bail.

Points requirement

1. GR 3.1 The applicant must be awarded a total of 70 points based on the table below.

1. GR 4.1. The applicant must have last been sponsored by a Student sponsor which is a higher education provider with a track record of compliance on the date of application.

1. GR 4.2. The applicant must have successfully completed the course of study which was undertaken during their last grant of permission to study on the Student route (where the applicant was allowed to change their course of study without applying for further permission as a Student, this requirement only applies to the course to which they changed).

1. GR 4.3. The student sponsor must have notified the Home Office, by the date of application, that the applicant has successfully completed the course of study in GR 4.2.

1. GR 5.1. The applicant will meet the qualification requirement if they have successfully completed a course of study for which they have been or will be awarded a UK bachelor’s degree, a UK postgraduate degree, or successfully completed a relevant qualification listed in GR 5.2.

1. GR 5.2 A relevant qualification is one of the following:
   1. (a) a law conversion course validated by the Joint Academic Stage Board in England and Wales; or
   2. (b) the Legal Practice Course in England and Wales, the Solicitors Course in Northern Ireland, or a Diploma in Professional Legal Practice in Scotland; or
   3. (c) the Bar Practice Course in England and Wales, or the Bar Course in Northern Ireland; or
   4. (d) a foundation programme in Medicine or Dentistry; or
   5. (e) a Postgraduate Certificate in Education (PGCE) or Postgraduate Diploma in Education (PGDE); or
   6. (f) a professional course requiring study at UK bachelor’s degree level or above in a profession with reserved activities that is regulated by UK law or UK public authority.

1. GR 5.3. If the name of the applicant’s course of study was changed by the Student sponsor, but the course content remained the same, or if an integral and assessed work placement or permitted study abroad programme was added, this will not prevent the applicant being able to meet the qualification requirement.

1. GR 5.4 The qualification must have been gained during the last grant of permission to study as a Student, or in the period of permission immediately before the applicant’s last grant of permission, if the last grant of permission was to undertake a role as a Student Union Sabbatical Officer.

1. GR 6.1. The applicant must have studied in the UK for a minimum period of the course for which they were last granted permission to study on the Student route (the relevant period), as in the table below.

1. GR 6.2. Where distance learning took place overseas between 24 January 2020 and 27 September 2021, this will not prevent the applicant meeting the requirement to spend the relevant period at GR 6.1. studying in the UK if:
   1. (a) they began their course in 2020 and entered the UK on or before 21 June 2021 and complete that course of study in the UK with permission as a Student; or
   2. (b) they began their course in 2021 and entered the UK before 27 September 2021 and complete that course of study in the UK with permission as a Student.

1. GR 6.3. Any period of distance learning between 24 January 2020 and 27 September 2021 as part of a course of study lasting longer than 12 months whilst the applicant held permission as a Student, will not prevent the applicant from meeting the requirement to spend the relevant period at GR 6.1. studying in the UK.

1. GR 7.1. If the decision maker is satisfied that all the suitability and eligibility requirements for a Graduate are met the application will be granted, otherwise the application will be refused.  

1. GR 7.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review.

1. GR 8.1. The applicant will be granted the period of permission as set out in the table below dependent on how they met the qualification requirement.

1. GR 8.2. The grant will be subject to all the following conditions:
   1. (a) no access to public funds; and
   2. (b) work (including self-employment and voluntary work) is permitted, apart from work as a professional sportsperson; and
   3. (c) study is permitted, except study with an education provider which is a Student sponsor, and which would meet the approved qualification and level of study requirements of the Student route which are set out in Appendix Student; and
   4. (d) study is subject to the ATAS condition in Appendix ATAS; and
   5. (e) if Part 10 applies the person will be required to register with the police.

Validity requirements for a dependent partner or dependent child of a Graduate

1. GR 9.1. A person applying for permission to stay as a partner or child of a Graduate must apply on the specified form on the gov.uk website as follows:

1. Either (as applicable):
2. 1. Dependant partner
3. 1. Dependant child

1. GR 9.2. An application for permission to stay as a partner or child of a Graduate must meet all the following requirements:
   1. (a) any fee and Immigration Health Charge must have been paid; and 
   2. (b) the applicant must have provided any required biometrics; and 
   3. (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality.

1. GR 9.3. If the applicant has in the 12 months before the date of application been awarded a scholarship or sponsorship by a Government or international scholarship agency covering both fees and living costs for study in the UK, they must provide written consent to the application from that Government or agency.

1. GR 9.4. The applicant must be in the UK on the date of application and must:
   1. (a) have, or have last been granted, permission as a dependant partner of a Student and that Student is applying for, or has now been granted, permission to stay in the Graduate route; or
   2. (b) have, or have last been granted, permission as a dependant child of either a Student or dependant partner of the Student and that Student is applying for, or has now been granted, permission to stay in the Graduate route; or
   3. (c) be a child born in the UK during the last grant of Student permission of a Student and that Student is applying for, or has now been granted, permission to stay in the Graduate route.

1. GR 9.5. An application which does not meet the validity requirements for a partner or child on the Graduate route is invalid and may be rejected and not considered.

1. GR 10.1. The applicant must not fall for refusal under Part 9: grounds for refusal.

1. GR 10.2. The applicant must not be:
   1. (a) in the UK in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
   2. (b) on immigration bail.

Relationship requirement for dependent partner of a Graduate

1. GR 11.1. The relationship between the applicant and their partner must be genuine and subsisting.

1. GR 11.2. The applicant and their partner must intend to live together throughout the applicant’s stay in the UK.

1. GR 11.3. The applicant must not intend to stay in the UK beyond any permission granted to their partner.

1. GR 12.1. The applicant must be a child of a parent who has, or is at the same time being granted permission as:
   1. (a) a Graduate; or
   2. (b) the partner of a Graduate.

1. GR 12.2. Each of the applicant’s parents must either be applying at the same time as the applicant, or have permission to be in the UK (other than as a visitor) unless:
   1. (a) the parent with permission as a Student or Graduate or as the partner of a Student or Graduate is the sole surviving parent; or
   2. (b) the parent with permission as a Student or Graduate or as the partner of a Student or Graduate has sole responsibility for the child’s upbringing; or
   3. (c) the decision maker is satisfied that there are serious and compelling reasons to grant the child permission to stay with the parent who is applying for permission as a Graduate or as partner of a Graduate.

1. GR 12.3. If the applicant is a child who is born in the UK to a Student or Graduate, or their partner the applicant must provide a full UK birth certificate showing the names of both parents.

1. GR 13.1. If the applicant is aged under 18 on the date of application there must be suitable arrangements for the child’s care and accommodation in the UK which must comply with relevant UK legislation and regulations.

1. GR 14.1. The child must be under the age of 18 at the date of application, unless they were last granted permission as a dependent child of a parent (P) who has or is applying for permission to stay as a Graduate or a dependent partner of a Graduate (regardless of the route under which the parent (P) had permission at the time the child’s last permission was granted).

1. GR 14.2. If the child is aged 16 or over on the date of application, they must not be leading an independent life.

1. GR 15.1. If the decision maker is satisfied that all the suitability and eligibility requirements for a dependent partner or dependent child of a Graduate are met, the application will be granted, otherwise the application will be refused.

1. GR 15.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR.

1. GR 16.1. A dependent partner will be granted permission which ends on the same date as the Graduate partner’s permission.

1. GR 16.2. A dependent child will be granted permission which ends on the same date as whichever of their parents’ permission ends first.

1. GR 16.3. The grant will be subject to all the following conditions:
   1. (a) no access to public funds; and
   2. (b) work (including self-employment and voluntary work) is permitted except as a professional sportsperson (including as a sports coach); and
   3. (c) study is permitted, subject to the ATAS condition in Appendix ATAS (if the study will commence when the person is aged over 18); and (d) if Part 10 applies the person will be required to register with the police.