Under the current immigration rules for Tier 1 (Post-study work) visas, in order to score a sufficient number of points the applicant must show (inter alia) that he or she has been awarded an eligible qualification within the 12 months preceding the application (see paragraph 245Z and paragraphs 51 to 55 of Appendix A of the Immigration Rules HC 395).
Application of these rules has turned out to be very contentious in practice and has led to numerous appeals in the Asylum and Immigration Tribunal. The issues arise in light of the fact that often there is a significant gap between the date of completion of the course and the date of award. The gap is increased further by delays in actually receiving the degree certificate, after it has been formally awarded. In the case of KAN (Post Study Work – degree award required) of 5th June 2009 the Tribunal confirmed that evidence from a university confirming that the award will be awarded in future is not enough. The degree must have already been awarded.
In NO (Post Study Work – award needed by date of application) Nigeria of 17th December 2009 the Appellant presented his degree certificate at his appeal hearing, but the Certificate was not available on the date that he made his application for a Tier 1 (Post-study work) visa. He argued that section 85(4) of the Nationality, Immigration and Asylum Act 2002 allowed him to adduce evidence about any matter relevant to the decision. The issue that the Tribunal had to decide in this case was whether the appellant could rely upon post-decision evidence in his appeal argument, namely on a degree awarded after the submission of an application for the Tier 1 (Post-study work) visa but before the hearing of the appeal. In line with the literal interpretation of the Immigration Rules, guidance and current case law, the immigration judge decided in this case that applicants are required to have obtained the eligible qualification by the date of application, and not more than 12 months before. Applications made on the basis of qualifications which applicants hope to receive in the future will inevitably be refused.
The date of award therefore determines eligibility for the Tier 1 (Post-study work) visa and this date has been defined as the date when a student has been notified in writing about the award of the qualification. No other date, such as the completion date of the course or the graduation ceremony date will be relevant for this type of application.
