Advice on staying in the UK for international students

International students can apply to remain in the UK for two years after graduating under the UK Border Agency's new points-based system. Our guide to the UK's changing immigration rules provides a brief introduction to the scheme and advises you on how to find out more about gaining permission to launch your career in the UK.

If you’re an international student from outside the European Economic Area (EEA) and you want to stay in the UK to work, you’ll need to apply for permission through the new points-based system introduced in 2008. The points-based system represents the biggest shake-up to the UK immigration system for 45 years and is designed to ensure that the UK can retain talented international students who have studied in the country. Some reports have suggested that as a result of the credit crunch the UK Government will seek to use the points-based system to limit immigration, but as a highly-qualified candidate you should feel confident about your prospects as you are in a very strong position.

Stay up to date with regulations so that you can plan ahead

Under the new system migrants need to pass a points-based assessment before they can enter or remain in the UK. The system consists of five tiers, each with different points requirements. You’ll need to stay up to date with the regulations that will affect you so that you can plan ahead, especially as the rules have changed frequently in recent years.

The points-based system is designed to ensure that the UK can retain talented international students who have qualified in the UK.

It’s vital to seek out the latest definitive guidance to the new system from the authorities. You’ll find full information on the Home Office’s UK Border Agency website, including a points-based calculator you can use to complete a self-assessment online. You’ll also find useful advice on the website of the UK Council for International Student Affairs.

If you are an international student from within the EEA or Switzerland, you have the right to live and work in the UK and do not need to apply for a work permit to accept a job offer.

You should bear in mind that while the immigration system is designed to make it possible for international students to remain in the UK, there are no guarantees that you will find a graduate job. Employers’ policies on recruiting international graduates may vary and they may tend to look for candidates who can stay for more than one or two years. You need to research employers thoroughly as well as taking care to find out more about the points-based system for yourself.

Tier 1 (Post-study work) of the points-based system for working in the UK

If you are an international student from outside the EEA who has successfully completed a degree or postgraduate degree at an approved institution, you can apply to remain in the UK for two years under the Tier 1 (Post-study work) category of the new points-based system. You cannot apply under this category until you have graduated. Tier 1 post-study workers can take up employment, set up in business or become self-employed without needing a work permit.

You will not be able to apply under this category again, even if you complete another course of study, but you may be able to move on from the scheme to other work categories, such as Tier 1 (General). You can check whether the institution where you studied for your award is approved on the website of the Department for Innovation, Universities and Skills.

You are awarded points for having obtained a recognised qualification from an approved institution, for having had immigration permission during your studies and for applying within 12 months of qualifying. If you satisfy these criteria you are automatically awarded the required number of points for English language. You will also need to meet the maintenance or funds requirement. See the UK Border Agency website for the latest information.

Tier 1 (Post-study work) replaced the International Graduates Scheme on 30 June 2008. The International Graduates Scheme allowed international students to remain in the UK for one year after graduating. If you are already in the UK with permission to remain for one year through the IGS you can apply to stay for an additional year.

Tier 1 (General) of the points-based system for working in the UK

Tier 1 (General) of the points-based system is designed to allow individuals with particular levels of qualifications and earnings to come to or stay in the UK for work, including self-employment. You do not have to have a job offer but will need to demonstrate that you are highly skilled, have money to support yourself and are able to speak English. You will be able to stay in the UK for three years in the first instance, and you can then apply to extend your stay.

You can apply to stay in the UK as a Tier 1 (General) migrant if you have permission to be in the UK as a participant in the International Graduates Scheme, as a Tier 1 post-study worker or as a student. You do not have to have completed your studies.

In order to qualify under the Tier 1 (General) category of the points-based system you must have the required number of points, awarded for qualifications, previous earnings, age, and UK study or earnings. You must also meet separate English language and funds requirements. Tier 1 (General) replaces the Highly Skilled Migrants Programme, which closed on 29 June 2008. For more information see the UK Border Agency website.