Home Office’s position on graduates studying RIBA Part 3

Please note, this article was published in October 2023, but has been updated in August 2024.

In August 2023, the Home Office confirmed their policy on the conditions of leave under the Graduate route, particularly for individuals interested in studying RIBA Part 3 to qualify as an architect. We have included some corrections to this article following correspondence with the Home Office in August 2024.

The Immigration Law Practitioners’ Association (ILPA), with support from Bates Wells’ Immigration team who helped draft the letter, wrote to the Home Office before the summer of 2023 to ask for clarification on their position for individuals on the graduate visa route who wish to study as architects. Bates Wells had been receiving a number of queries from clients in the architecture sector about studying in the UK whilst on the Graduate route. In particular, there were concerns for employers about individuals completing RIBA Part 3.

In response, the Home Office specified:

‘As a Post Graduate diploma, the Part 3 Architecture course would fit the definition of an acceptable course in paragraph ST 8.2(a) or (d) of Appendix Student, depending on whether the method of delivery is full or part time, and whether the sponsor is a Higher Education Provider with a track record of compliance. As the course is awarded by the Royal Institute of British Architects it meets the approved qualification requirement as per ST 9.1.(b). As the course will be studied in England, Wales, or Northern Ireland and it is at Regulated Qualifications Framework level 3 or above and it meets the requirement of ST 10.2.

Study on this course with an education provider which is a Student sponsor would therefore fit the definition set out in GR 8.2.(c) and as such would not be permitted under the conditions of the Graduate route.’

The Home Office’s position is as follows:

“The relevant paragraph of the Immigration Rules is GR 8.2. of Appendix Graduate:

GR 8.2. The grant will be subject to all the following conditions:

(a) no access to public funds; and

(b) work (including self-employment and voluntary work) is permitted, apart from work as a professional sportsperson; and

(c) study is permitted, except study with an education provider which is a Student sponsor, and which would meet the approved qualification and level of study requirements of the Student route which are set out in Appendix Student; and

(d) study is subject to the ATAS condition in Appendix ATAS.”

Part (c) states that study with a student sponsor AND which meets the relevant requirements of the student route is not permitted. Both things must be the case for the study to be prohibited. For example, study on a course that meets the requirements of the student route at an institution that doesn’t hold a sponsor licence is permitted, and study at an institution with a sponsor licence on a course which doesn’t meet the student route requirements is also acceptable, but study that meets the requirements at a licenced institution is not permitted.”

Appendix Graduate can be found here: Appendix Graduate

The Home Office’s published guidance for the Graduate route can be found here: Graduate caseworker guidance

Anyone who holds immigration permission is responsible for ensuring that they comply with the conditions of their leave at all times. Graduate visa holders should ensure that they are conducting activities which comply with their permission. Breaches of immigration rules can not only impact an individual’s current immigration status but also any future immigration applications they make.

Student sponsors should also ensure that students studying at their institutions hold the correct immigration status to undertake a particular course for the duration of their study. Sponsors are required to support immigration control.

If organisations are employing individuals on Graduate visas and are aware of their study plans, it is important to check with the individuals that they are complying with the conditions, as otherwise, this may impact their ability to work.

There are options for individuals who wish to study, and this may include changing immigration status from a Graduate visa to a Skilled worker visa or a Student visa, provided the eligibility requirements are met.

Compliance with conditions of leave is of paramount importance.

If you have any questions about how this impacts you, please don’t hesitate to contact Chetal Patel, Head of Immigration at Bates Wells.