Student to IGS Switch: Clarification of the Rules

Those who switch from Student to IGS are entitled to work FULL TIME while the application is being processed *IF* the following conditions are met:

1.  the switch was applied for with unspent leave
2.  their leave has expired due to the processing time
3.  their work is not pursuing a career in a permanent vacancy
4.  their work is not self-employment or running a business
5.  their work is not professional sports or entertainer

Once IGS is granted, their conditions revert to the standard IGS conditions.

(source: email communication from BIA, MMP E&E  dated 31 Aug 2007)

Thanks for bringing this to our attention, Garry. I actually have a couple of questions about IGS. First off, I'm handing in my dissertation tomorrow (yay!) does this mean I can now work full time in a temporary or non-permanent position? My student visa expires 31 Jan 2008. When do I apply for IGS, provided I receive my provisional pass from the November exam board? And, can you further explain points one and two?? I can't break through the bureaucracy! 

No.  Sorry, it's only *during* the switch.

No.  Sorry, it's only *during* the switch.

Garry, I have always been under the impression that students are allowed to work full-time temporary jobs after their course is finished and before their leave expires.  Is that untrue?  I think the UKCOSA guidelines might even address this point- I'll look them up.

edited to add: found it.

"In addition, if you have completed your studies and are simply waiting for your results or the graduation ceremony, and you still have time left on your student immigration permission, you can work full-time until the end of your leave (provided that this is not longer than four months)."
http://www.ukcosa.org.uk/files/pdf/info_sheets/working_during_study.pdf

BMore2UK- according to the guidance notes online, applicants can apply for IGS before they have their degree certificate, as long as they can produce a letter from their uni saying that they have passed all the requirements and will be awarded the qualification.

Thanks very much Andrea. I'm glad you pointed out the 4 month thing as well. That was something I definitely wasn't aware of.

Andrea, read point 2. This has never been clarified before.

Yes, but students have always been allowed to work full-time (non permanent) when they are not 'in term' - usually means during Christmas, Easter, and summer.  However, if you've handed in your dissertation and are not doing any sort of academic study, then obviously you're not 'in term'!  The idea of part-time employment DURING term is to keep you focused on your studies.  They allow full-time employment OUT of term because then there's no interference with your studies.  Post-dissertation time is the same thing as out of term.

Andrea - but to get this letter, you still have to have some kind of results/marks, right?  I've been trying to e-mail my department to ask for an expedited process regarding my own degree for this specific reason.  I told them I don't need actually GRADES, just something saying I WILL be award the degree.  I wonder if they would do this right away, considering I only handed in my dissertation at the very beginning of the month?  After all, all I need is a pass for IGS purposes.

Andrea, read point 2. This has never been clarified before.

I get that. It was a grey area as to whether students could work after their visa had expired and while an application to IGS was pending...now it's been clarified and that's good.

But you replied "no" to Bmore's question as to whether she could work a full-time temporary job now that she's done with her course (while she still has student leave, *before* applying for IGS) but as far as I know (and according to UKCOSA) the answer to that question should be "yes." Which is why I wanted you to explain further.

Andrea - but to get this letter, you still have to have some kind of results/marks, right? 

That's how I interpreted it...after all, it would be kind of strange for your uni to write a letter assuring your graduation if they haven't marked the final piece of work yet!  I don't get my results until after the January exam board (boo, hiss) so I am under the impression that I cannot apply for IGS until January.

But you replied "no" to Bmore's question as to whether she could work a full-time temporary job now that she's done with her course (while she still has student leave, *before* applying for IGS) but as far as I know (and according to UKCOSA) the answer to that question should be "yes." Which is why I wanted you to explain further.

Plus it's the assumption of many people on this board, and always has been.  UKCOSA has been quite clear on this topic, so I wondering if someone else somewhere has said something to conflict it?

If I'm completely done and merely awaiting my results, what else am I supposed to do in my time if I'm only working part-time?! :-P

Your IGS application will only be valid if you provide evidence of having successfully completed your course.  You need to wait until the uni can provide a formal letter confirming you have passed and will be awarded the qualification.

To summarise, a student should normally have an extra 4 months' leave after the official end date of their course.  During this time they can work full-time hours if they wish, but they are still subject to the student work restriction on the type of work they can do.  They can take a temporary full-time job, or a non-career full-time job that is not temporary, but they cannot take a permanent full-time career job.  They also cannot be self-employed or work as a professional sportsperson or entertainer.

If someone applies for IGS, and they are still waiting for the outcome of the IGS application when their student leave expires, they can continue to work as above, with no restriction on number of hours, but still with the student restriction on the type of work they can do.

A student who wants to start a long-term or career job as soon as possible needs to switch to IGS as soon as possible.  Otherwise their deadline for applying for IGS is one year after the end of the student visa they got for the course in question -- although of course if they want to apply in the UK rather than at home, they will normally need to do it before the student visa runs out rather than having that extra year in which to apply.

If someone applies for IGS, and they are still waiting for the outcome of the IGS application when their student leave expires, they can continue to work as above, with no restriction on number of hours, but still with the student restriction on the type of work they can do.

This point was worrying to employers, hence the clarification email.

This point was worrying to employers, hence the clarification email.

Yes, it had never been clarified until recently.  Actually I already posted the clarification last week:

http://talk.uk-yankee.com/index.php?topic=37351.0

Oh Good!  Didn't see this.  Which further grey area do you foresee emerging?