Important Update on Immigration Rules

With immediate effect from 3pm on 17 July 2023 new restrictions for Students applying to switch into the Skilled Worker route were added:

• Student must now have completed their course of study for which the Confirmation of Acceptance for Studies was assigned before switching to a Skilled Worker Visa.
• Students on courses at degree level or above will be able to apply to switch to a Skilled Worker Visa before they complete their course as long as their employment start date is not before their course completion date.
• Alternatively, if the course was leading to a PhD award they must have completed at least 24 months of that course.

You can normally determine whether the candidate has completed their course by checking the end date on the Confirmation of Acceptance for Studies (CAS). However, the applicant may have completed their studies, and therefore met the requirement of the Rules, in advance of the end date on the CAS.

If the end date on the CAS indicates they have not yet completed their studies, you should consider whether the course may have been completed by looking at any information provided by the candidate (for example, a results transcript) and any notifications made by the Student’s Sponsor. You should also check if the course stated on the CAS was at PhD level, and if so, use the course start date to assess whether they have completed at least 24 months.

Students switching to work routes will still be exempt from the Immigration Skills Charge (ISC), with only the Certificate of Sponsorship of £199 payable. It is therefore advisable to review your HR files to see who the update might affect and to ensure to confirm the course completion date with any potential candidates currently on a student visa by requesting a copy of their CAS (Confirmation of Acceptance and or Results Transcript)