Student Visa Cancelled
What should I do if my Student Visa is cancelled by my University, College or School?
Your Student Visa may be cancelled within its validity period due to several reasons, including course adjustments, low attendance rate or other factors. Typically, after the Education Institution has made a decision, your Sponsor is responsible for reporting to the the Home Office about the change in your studies or course within 10 working days.
After the Home Office receives the notification from the institution, the Home Office may consider whether to cancel your Student Visa. If the Home Office decides to curtail your Visa, they will grant a 60-day grace period you to switch to another visa or leave the UK. The 60-day grace period starts from the date your Student Visa is cancelled. If your Student Visa validity is less than 60 days, the actual (earlier) visa validity period will apply.
If the Home Office cancels your Student Visa while you are not in the UK, the cancellation takes immediate effect. You should apply for a new or different type of Visa before returning to the UK.
Start a Business
Can I work or start a business in the UK on a Student visa? What are the work restrictions?
The Visa conditions regarding your right to study and work are usually stated on your Biometric Residence Permit (BRP) or the Visa approval letter. According to current immigration laws, if you are a full-time undergraduate or postgraduate student on a Student Visa, you may work up to 20 hours per week during term time. During non-term time breaks, such as winter and summer vacation, you can hold full-time positions with no work hour restrictions. Note that even during full-time employment, your contract cannot be permanent employment.
You cannot be self-employed whilst you are on a Student Visa, meaning you should not register and operate a company in the UK as a Director or carry out Sole Trader business.
Switching Visa
When can I switch from a Student Visa to a Skilled Worker Visa at the earliest, and what are the considerations?
You may apply for a Skilled Worker Visa after your undergraduate or postgraduate course ends (with the course end date as specified in the CAS).
There are 2 exceptions where early application may be attempted:
- The university has a track record of compliance, or
- The university is willing to issue a confirmation letter stating that you have completed the course.
It is important to note that if you apply for a Work Visa before the course ends, the job start date (as specified in the CoS) must be after the course end date (as specified in the CAS).
You may apply for a Skilled Worker Visa 24 months after the course start date (with the course start date as specified in the CAS) if you are pursuing a PhD course.
As issuing the Certificate of Sponsorship (CoS) and applying for the Skilled Worker Visa require strategic planning, it would be advisable to speak to an experienced Immigration Specialist to ensure careful preparation of your application according to the latest Immigration Rules and your personal circumstances. Our QC Immigration team has prepared a comprehensive guide on Skilled Worker Visa here:https://www.qc-immigration.com/work-visas/skilled-worker-visa
What are the requirements for switching from a Student Visa to a Graduate Visa?
Unlike the Skilled Worker Visa, which only requires you to complete your course, the Graduate Visa requires you to successfully complete your course and obtain the corresponding degree.
Graduate Visa holders can work full-time and be self-employed, but the Graduate Visa itself is not a direct route to permanent residence/ Indefinite Leave to Remain in the UK. Many of our clients eventually apply for Indefinite Leave to Remain after 10 years or by switching to a path towards Settlement such as Partner Visa, Innovator Founder Visa, Global Talent Visa or Skilled Worker Visa.