Changes to the UK student visa regulations will take effect on January 1, 2024, and would prevent overseas students from entering the country with their dependent spouse or children unless they are enrolled in a PhD or postgraduate research program. This is in response to modifications made to the regulations governing student visas on July 17, 2023, which provide that those transferring to a UK work visa must have finished their course of study and have a job start date that falls after their course completion. Additionally, before converting to a work visa like a skilled worker visa, PhD candidates must have studied for a minimum of 24 months.
Is it possible to extend my student dependent visa after January 2024?
According to one of the top 10 immigration solicitors in London, you can continue to extend your dependent visa for as long as the primary student visa holder—your partner or parent—has a valid visa—as long as they began their studies prior to January 1, 2024. The new regulations regarding dependents on student visas are only applicable to courses beginning after January 1, 2024.
Can my family submit an application for a dependent visa after I move to a PSW visa?
Your partner and children can still apply for a dependent visa to stay in the UK with you if you intend to go from a student visa to a post-study work visa (PSW), also called a UK graduate visa. Recall that this is only permitted under the terms of the Graduate visa if your partner and kids have been living with you in the UK as your dependents for the duration of your studies.
Can I move from a dependent visa to a work visa in the UK?
Yes, you can change to a work visa (such as a skilled worker visa) if you are currently residing in the UK on a student dependent visa, but you will need to fulfill the requirements of the new visa. You can become independent of your partner's or parent's immigration status and be allowed to stay in the UK by converting your student dependent visa to a UK worker visa. Parents of children on student visas are the lone exception, as they are unable to convert to a skilled worker visa.
In order to change your visa status from student dependent to skilled worker, you need to:
- Possess a job offer that qualifies from an employer licensed by the UK
- Fulfill the minimum wage standards (which, as of this writing in December 2023, are £10.75 per hour or the "going rate" for your occupation), as well as
- Fulfill the standards for proficiency in the English language, such as having a level B1 proficiency in the Common European Framework of Reference for Languages (CEFR) assessment of reading, writing, speaking, and comprehension.
Continuous Residence Requirement
One may satisfy the 5-year continuous residency requirement by using any of the following visas:
- Representative of a visa for foreign business
- A visa for the sole representative of an overseas company
- Visa for a representative of a news agency, broadcasting organization, or overseas newspaper
According to the continuous residence regulations, in order to be eligible for ILR, you have to have worked full-time for your foreign company or the UK branch you founded. Therefore, in order to be eligible for Sole Representative ILR, you must not have worked for another company or run your own business while you were in the UK.
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