In the past, the Student visa holders have switched to the Skilled Worker visa if they managed to secure eligible employment with a sponsor. But they could only transition as long as they met all eligibility requirements of the Skilled Worker route. They can make the switch as soon as the sponsored employment is secured. Now, this has changed.
New UK visa rule changes to the Student visa impose restrictions on when students can switch to the Skilled Worker route. They must deal with these restrictions if they find sponsored employment in the UK. The rules require that students must have completed their course of study or have a work start date that is after the completion date of their course before they can switch to the Skilled Worker visa.
The New Rules for Skilled Worker Route
The Home Office releases the new rules on 17 July 2023 and they came into effect almost immediately, at 3pm on the same day. This has been unlike any other change, where historically the Home Office has provided advanced notice of the date when new rules will take effect.
The new rules also mean that student visa holders cannot switch to a Skilled Worker dependent partner. This is unless they complete their course or after the course completion date recorded on their Confirmation of Acceptance for Studies (CAS). This means that, where an international student’s partner has secured a sponsored job, the student cannot switch to becoming a dependent on their partner’s Skilled Worker visa. They must wait until they complete their studies.
Why Has the Government Made These Changes?
The changes were brought forward by the Home Secretary at the time, Suella Braverman. The intention was to tighten migrant rules and reduce net migration figures.
It came after recent figures from the Office for National Statistics (ONS). The numbers showed that net migration reached a record 906,000 in the year to June 2023. As a result, the Government published its “Restoring Control” White Paper on 12 May 2025. The main aim is to halve legal migration while sustaining economic growth and fairness.
The Government announced a move to restrict international students from switching from the Student visa to the Skilled Worker visa before the completion of their course. This is intended to prevent misuse of the visa system. The idea behind this is that the student visa route is for study. Similarly, any migrants applying for a student visa should fulfil the purpose for which they have stated in their application. All these changes are to ensure that the applicants are genuinely applying for the right visa.
What are the Requirements for Students Switching to the Skilled Worker Visa?
To be eligible to switch to the Skilled Worker visa, a student must meet either one of the following conditions:
1. Course of Study:
They have completed the course of study for which they were being sponsored.
2. Full-time Degree
Applicants are studying a full-time degree level or above at a Higher Education Institution with a track record of compliance. Moreover, their Certificate of Sponsorship (CoS) shows a start date no earlier than their course completion date
3. Full-Time PhD
They must be studying a full-time PhD with a Higher Education Institution which has a track record of compliance. Also, their CoS has a start date no earlier than 24 months after the start of the PhD course.
To be able to transition into the Skilled Worker route, candidates must ensure they meet all other eligibility requirements of the route. This includes having a job on the eligible occupations list and meeting the minimum salary requirements for the occupation code. Along with that, you must satisfy English language requirements and have sufficient funds to support yourself. But if the maintenance is certified by the sponsor, you don’t need to show funds.
Additional Requirements
The newly imposed conditions require that students must have completed their course before they can switch to the work route. This does not necessarily mean that you need to have received your final results or completed your graduation. If the student has secured a job with a sponsor, they can start working for the company once the course completion date on the CAS has passed. This is the case as long as they have applied for the Skilled Worker visa. Students can apply for the Skilled Worker visa up to 3 months in advance of the work start date. Therefore, when students have secured a job, they can apply to switch to the Skilled Worker. They can apply for this work visa within the 3 months prior to their course end date.
If applying under ‘option B’, employers must ensure that when assigning a Certificate of Sponsorship (CoS) to a candidate, the work start date must be after the course end date on their CAS. It would also be good practice to clarify the situation in a sponsor note on the CoS. This method can help you avoid any questioning or delays by the Home Office.
What are the Requirements for Students Switching to the Skilled Worker Dependant Route?
The new changes also affect those wanting to switch to the Skilled Worker Dependant route. Students must meet one of the following conditions to switch to the dependent visa:
- Have completed the course of study for which they were being sponsored;
OR
- Studying a full-time PhD with a Higher Education Institution which has a track record of compliance. Again, their CoS shows a start date no earlier than 24 months after the start of the PhD course.
However, a dependent partner on a Student visa is free to switch to the Skilled Worker visa at any time. Meanwhile, the main Student is not permitted to switch to become a dependent themselves until they meet one of the conditions above.
Eligibility for Indefinite Leave to Remain
It is worth noting that any time spent on the student route does not normally count towards the qualifying time for Indefinite Leave to Remain (ILR). It does not matter whether they are the main applicant or a dependent. You cannot combine time spent as a Student and Skilled Worker to qualify for the 5-year ILR. But this is different if you are applying for the 10-year settlement route. Once a candidate switches to a Skilled Worker, they must complete 5 years of continuous residence to qualify for ILR.
Get Expert Assistance
If you need assistance with the Skilled Worker visa application, talk to our visa experts at A Y & J Solicitors. At A Y & J Solicitors, we have handled over 1000s of successful Skilled Worker visa applications. With a 95% success rate, we have achieved an overall track record of 5,000+ successful immigration and visa cases through our result-driven approach to every application. We take on each client with the genuine intention to provide our undivided care and attention to their case. We guide you through every step of your Skilled Worker visa process. You can gladly trust the experts to manage your application and work toward your success.
Why A Y & J Solicitors?
With over thousands of successful immigration cases to our name, A Y & J Solicitors has built its reputation on trust, care, and real results. Over the 15+ years of working in UK immigration law, we’ve helped individuals and businesses confidently navigate sponsor licences, UK visas, and ILR applications. We’re proud to be recognised by The Legal 500, but it’s our clients’ peace of mind that matters most. When you work with us, you get clear advice, honest support, and a team that’s truly on your side.
How A Y & J Solicitors Can Help?
A Y & J Solicitors is a specialist immigration law firm with extensive experience with all types of applications, including switching from the Student route to the Skilled Worker route. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us on +44 20 7404 7933 or contact us today. We’re here to help!
