Moving from student into another category

[kofi75]

My brother entered with a student visa and he due to finish his course in June 2024.He brought his partner as a dependent and they have a six month baby.Is there any route he can use to extend his status

[CR001]

Finish his course and apply for graduate route visa

Possibly Skilled worker visa and he needs a sponsor.

[kofi75]

Thank you very much

[lolo2]

Also tell your brother that finishing his course means that he must successfully complete (approve) the programme, without failing core courses or having to retake modules beyond the validity of his visa, if he wishes to apply for the Graduate route.

For a reason, some international students believe that everyone with a student visa is automatically eligible for the Graduate route once the course ends, irrespective of their performance on the programme.

[sah10406]

For a reason, some international students believe that everyone with a student visa is automatically eligible for the Graduate route once the course ends, irrespective of their performance on the programme.

To be fair, that's how it is for the Skilled worker visa, and maybe people are getting the two visas confused.

Following last summer's changes, someone does have do complete their course in order to apply as a Skilled worker, but they still don't have to have achieved the qualification or even to have passed.

[misadok]

Please i just want to ask in addition to the initial question as this title applies to me also but on a PSW at the moment.
What does this extract from the net migration rules via https://homeofficemedia.blog.gov.uk/202 ... mber-2023/ "Individuals who are in the UK on any other route, including where that route permits dependants, who switch into the care visa as a care worker or senior care worker after rules change will not be able to bring over dependants. " means? This is under "What happens to care workers and providers who are already here? " section on the page.

Thanks everyone.

[Frontier Mole]

From Home Office site

Carers and senior carers – these changes will be introduced as soon as possible in the new year
Care workers (SOC code 6145) [2] and senior care workers (SOC code 6146) already in the route will be able to remain with their dependants, including extending, changing employer (within these SOC codes) and settlement.​

Where a care worker or senior care worker is in the route before the Immigration Rules change, but has not yet brought dependants, they will be allowed to bring dependants during their sponsorship (on this visa).

Individuals who are in the UK on any other route, including where that route permits dependants, who switch into the care visa as a care worker or senior care worker after this date, will not be able to stay with (or bring over) dependants.

Care providers who were sponsoring workers in exclusively non-regulated activities (and therefore not required to be registered with the CQC) before the rules change should be able to continue to sponsor these workers, including for extensions to their visa on those terms, but not hire new ones.

[misadok]

From the update on home office site February 1 2024

"Individuals who are in the UK on any other route, including where that route permits dependants, who switch into the care visa as a care worker or senior care worker after rules change will not be able to bring over dependants."

Does this means moving from post study to care work, I can't apply the visa to my dependants or it means, if I was here in the UK and moved to care work visa, I cannot bring in dependants from outside the UK on the new care visa?

[Frontier Mole]

That is correct- if you were to become a carer under SOC 6145 or 6146 you can not bring dependents. Worse still if you have dependents in the UK presently say under graduate visa they will lose their right to remain if you take a role under those SOC’s

[misadok]

From Home Office site

Carers and senior carers – these changes will be introduced as soon as possible in the new year
Care workers (SOC code 6145) [2] and senior care workers (SOC code 6146) already in the route will be able to remain with their dependants, including extending, changing employer (within these SOC codes) and settlement.​

Where a care worker or senior care worker is in the route before the Immigration Rules change, but has not yet brought dependants, they will be allowed to bring dependants during their sponsorship (on this visa).

Individuals who are in the UK on any other route, including where that route permits dependants, who switch into the care visa as a care worker or senior care worker after this date, will not be able to stay with (or bring over) dependants.

Care providers who were sponsoring workers in exclusively non-regulated activities (and therefore not required to be registered with the CQC) before the rules change should be able to continue to sponsor these workers, including for extensions to their visa on those terms, but not hire new ones.

There's a revision to your highlighted on home office site dated February 1

https://homeofficemedia.blog.gov.uk/202 ... mber-2023/


"Individuals who are in the UK on any other route, including where that route permits dependants, who switch into the care visa as a care worker or senior care worker after rules change will not be able to bring over dependants."

[misadok]

That is correct- if you were to become a carer under SOC 6145 or 6146 you can not bring dependents. Worse still if you have dependents in the UK presently say under graduate visa they will lose their right to remain if you take a role under those SOC’s

Sorry, I am new to this site. Hence the repeating

[Frontier Mole]

The Home Office changes potential procedures and proposed policy right up to the date of the final announcement of the policy.
Only once the formal publication of the new rules / guidance/ policy will all the facts be known.
Hence it is fluid and changes are made along the way.

[GBkhatri]

From Home Office site

Carers and senior carers – these changes will be introduced as soon as possible in the new year
Care workers (SOC code 6145) [2] and senior care workers (SOC code 6146) already in the route will be able to remain with their dependants, including extending, changing employer (within these SOC codes) and settlement.​

Where a care worker or senior care worker is in the route before the Immigration Rules change, but has not yet brought dependants, they will be allowed to bring dependants during their sponsorship (on this visa).

Individuals who are in the UK on any other route, including where that route permits dependants, who switch into the care visa as a care worker or senior care worker after this date, will not be able to stay with (or bring over) dependants.

Care providers who were sponsoring workers in exclusively non-regulated activities (and therefore not required to be registered with the CQC) before the rules change should be able to continue to sponsor these workers, including for extensions to their visa on those terms, but not hire new ones.

There's a revision to your highlighted on home office site dated February 1

https://homeofficemedia.blog.gov.uk/202 ... mber-2023/


"Individuals who are in the UK on any other route, including where that route permits dependants, who switch into the care visa as a care worker or senior care worker after rules change will not be able to bring over dependants."

Hi,
Does this mean if you switch into the care visa with dependents already here, the dependents might be allowed to stay?

[sah10406]

Does this mean if you switch into the care visa with dependents already here, the dependents might be allowed to stay?

The change in wording between 8 December 2023 and 1 February 2023 does suggest there will be some sort of protection for dependants already in the UK, but we need to wait and see what the specific new Rules say on 11 March.