Accelerated LPC and Visa Concerns

[ARP]

Hi everyone,

I'm a future trainee starting my TC in August 2023. I'm also a final-year undergraduate law student graduating in June 2022, and I will have to do my LPC in between 2022 - 2023 (my firm isn't switching to the SQE for now). I'm currently trying to negotiate my LPC dates with my firm, but we've run into a few issues.

Most previous trainee cohorts at my firm have done the full-time LPC (September - June). However, I'd like to do the Accelerated LPC so that I can use the extra time to work as a paralegal or do something else (I worked for a few years before I could start uni, so I'm slightly older and have a bit of financial pressure to start working full-time again). We're currently discussing 2 alternative options to the full-time LPC:

Option 1: Do the Accelerated LPC from August 2022 - end of February 2023, and then spend March 2023 - the start of my TC in August 2023 working. This has been done before by a number of (British passport holding) trainees in previous cohorts. However, the problem that is I'm an international student and we understand this may cause visa issues. I'm not concerned about having to leave the UK in between March - August 2023 because I can work in my home jurisdiction, but the issue concerns whether I can still receive my work visa to start in August 2023 if I do this. Neither Grad Rec nor I are entirely sure about this (we just know it's potentially problematic), so I was wondering if anyone has done this before or knows whether this is possible?

Option 2: Spend June - December 2022 working, do the Accelerated LPC from January - July 2023, and start my TC in August 2023. I've heard this is common in MC firms, but my firm doesn't have a massive intake and they don't really have trainees who have done this previously. A senior I spoke to told me that there's a concern BPP (unfortunately, I can't change provider) could be slow in releasing my grades in July, which could potentially delay my work visa and ability to start in August 2023. Grad Rec isn't really thrilled by this prospect either because nobody has tried it at the firm. Does anyone have experience with this?

Apologies for the long post, and thank you in advance for your help!

 

[Jessica Booker]

The visa process changed in January 2021 and it is no longer an issue if you have a gap between visas like it used to be pre 2021.

Most firms start the visa process ahead of your LPC results anyway (they have to due to the time needed to apply for the visa), so I don’t see why the results being published would delay your visa.

You might need to think about applying for your post-study visa in the summer of 2022 though (gives you the right to work and stay in the U.K. for up to 2 years), especially if you want to work between your degree/LPC/TC as it’s unlikely you’ll get sponsorship for such a short role and the accelerated LPC may not give you the right to the post study visa where the course is only 7 months (typically the course has to be 12 months or more).

 

[George Maxwell]

Just tagging @AvniD to see if she has any further thoughts on this!

 

[ARP]

The visa process changed in January 2021 and it is no longer an issue if you have a gap between visas like it used to be pre 2021.

Most firms start the visa process ahead of your LPC results anyway (they have to due to the time needed to apply for the visa), so I don’t see why the results being published would delay your visa.

You might need to think about applying for your post-study visa in the summer of 2022 though (gives you the right to work and stay in the U.K. for up to 2 years), especially if you want to work between your degree/LPC/TC as it’s unlikely you’ll get sponsorship for such a short role and the accelerated LPC may not give you the right to the post study visa where the course is only 7 months (typically the course has to be 12 months or more).

@Jessica Booker Many thanks for the response! This was really helpful.

Do you happen to know any resources I could refer Grad Rec to when explaining the specific change in visa rules that now allows for a gap between visas? I was asked to research this and I will probably have to provide evidence if I'd like to make the case that Option 1 is possible.

I found a guide to the new Skilled Worker visa requirements here (https://www.davidsonmorris.com/student-to-skilled-worker-visa/). Are these the changes that you were referring to?

"In some cases, if the applicant’s period of leave is due to expire and there is little time to make a compelling application, it may require the individual to return to their home country to avoid overstaying, to allow time for the application to be built. Restrictions that previously applied to the Tier 2 visa have been removed under the new Skilled Worker route, meaning it is possible to apply for the Skilled Worker visa from overseas after a period of leave as a student. The applicant may also still qualify as a new entrant.

New entrants who are under 26 years of age when applying, or if applying in their home country and their last UK permission was a Tier 4 or Student visa issued for a degree, PGCE or PGDip, and are applying less than 2 years after their last visa expired."

Under Option 1, I was thinking of spending the 5 - 6 months before the start of my TC working outside of the UK, so the concern is whether I would be able to make the Skilled Worker visa application overseas. Thank you so much for your help, this really means a lot to me.

 

[Jessica Booker]

@Jessica Booker Many thanks for the response! This was really helpful.

Do you happen to know any resources I could refer Grad Rec to when explaining the specific change in visa rules that now allows for a gap between visas? I was asked to research this and I will probably have to provide evidence if I'd like to make the case that Option 1 is possible.

I found a guide to the new Skilled Worker visa requirements here (https://www.davidsonmorris.com/student-to-skilled-worker-visa/). Are these the changes that you were referring to?

"In some cases, if the applicant’s period of leave is due to expire and there is little time to make a compelling application, it may require the individual to return to their home country to avoid overstaying, to allow time for the application to be built. Restrictions that previously applied to the Tier 2 visa have been removed under the new Skilled Worker route, meaning it is possible to apply for the Skilled Worker visa from overseas after a period of leave as a student. The applicant may also still qualify as a new entrant.

New entrants who are under 26 years of age when applying, or if applying in their home country and their last UK permission was a Tier 4 or Student visa issued for a degree, PGCE or PGDip, and are applying less than 2 years after their last visa expired."

Under Option 1, I was thinking of spending the 5 - 6 months before the start of my TC working outside of the UK, so the concern is whether I would be able to make the Skilled Worker visa application overseas. Thank you so much for your help, this really means a lot to me.

Yes - the skilled persons visa is the visa you would be put on. It replaced the Tier 2 visa. The firm should really be clued up about this in all honesty.

If you were working outside of your home country and the U.K., then be mindful you are likely going to need to return home for the visa process. You are highly unlikely to be able to complete the visa process from a third country. You’d either have to do it within the U.K. or in you home country.

 

[ARP]

Yes - the skilled persons visa is the visa you would be put on. It replaced the Tier 2 visa. The firm should really be clued up about this in all honesty.

If you were working outside of your home country and the U.K., then be mindful you are likely going to need to return home for the visa process. You are highly unlikely to be able to complete the visa process from a third country. You’d either have to do it within the U.K. or in you home country.

@Jessica Booker Thank you for your help!

I'll discuss this with Grad Rec next week. I think they're slightly unclear about this because what I'm asking to do isn't very common within the firm and nobody has tested the new rules, but hopefully we'll be able to work through this.

I don't know if I would be working in my home country or a third country, but thanks for raising the issue!

 

[Jessica Booker]

@Jessica Booker Thank you for your help!

I'll discuss this with Grad Rec next week. I think they're slightly unclear about this because what I'm asking to do isn't very common within the firm and nobody has tested the new rules, but hopefully we'll be able to work through this.

I don't know if I would be working in my home country or a third country, but thanks for raising the issue!

Is the firm relatively small? The process would be the same for any hire, so unless they haven’t hired a single international person in 12 months, it is slightly odd that they are asking you to research this. It’s really their responsibility to do this.

 

[ARP]

Is the firm relatively small? The process would be the same for any hire, so unless they haven’t hired a single international person in 12 months, it is slightly odd that they are asking you to research this. It’s really their responsibility to do this.

@Jessica Booker The firm is relatively small, but it's certainly not a tiny satellite office and they recruit a fair number of international trainees.

They definitely know about the new Skilled Worker Visa, but I think they were unaware about the new change which allows for a gap between visas. It's understandable because all the international future trainees have usually just completed the normal LPC thus far, and I get the feeling that they prefer for me to do the normal LPC to avoid any visa complications. I've heard of stories of people having to start work in the firm's offices in other jurisdictions because of visa issues, so I can see where they're coming from.

On my part, I'm not a pushy person by nature, but I feel the extra time is really precious given my personal circumstances and my seniors at the firm have encouraged me to take the initiative to push for this. So I'm just trying my best and we'll see how it goes.

 

[Jessica Booker]

@Jessica Booker The firm is relatively small, but it's certainly not a tiny satellite office and they recruit a fair number of international trainees.

They definitely know about the new Skilled Worker Visa, but I think they were unaware about the new change which allows for a gap between visas. It's understandable because all the international future trainees have usually just completed the normal LPC thus far, and I get the feeling that they prefer for me to do the normal LPC to avoid any visa complications. I've heard of stories of people having to start work in the firm's offices in other jurisdictions because of visa issues, so I can see where they're coming from.

On my part, I'm not a pushy person by nature, but I feel the extra time is really precious given my personal circumstances and my seniors at the firm have encouraged me to take the initiative to push for this. So I'm just trying my best and we'll see how it goes.

I would expect a law firm to be more clued up about this to be honest. It’s pretty basic HR and the new rules don’t just apply to trainees - it applies to all recruits, so if they have recruited anyone internationally before I would expect them to be aware of how the rules change. Just feels a little odd to me that they are asking you to look into this - I would never expect a prospective trainee to have to do this for a standard visa procedure.

 

[AvniD]

Thanks for tagging me @George Maxwell and hi @ARP!

I am afraid that I don't have much insight on this as I am yet to begin my visa process and have already completed my LPC. I completely agree with everything that @Jessica Booker has said here and the only thing I'd add is to ensure that you work through this closely with HR, clearly mentioning your goals and concerns (which it seems like you're already doing, kudos to you for that 👏 👏 👏).

If you feel like you want solid advice on what you can and can't do and are not getting this from your firm for whatever reasons, it might be worth getting in touch with an immigration lawyer or consultant, or even UKVI directly, who have both a telephone line and email service in exchange for a small fee. Would also recommend having all your key visa-related comms in writing so that you have easy access to and clarity about the core information about this process.

I hope this helps! Wishing you the best 😇