Barai v The Secretary of State for the Home Department [2026] EWCA Civ 766 concerned an application of the Immigration Rules as they relate to graduate visas and the appropriate guidance.
The Court of Appeal found that there was no tension between GR4.3 and page 8 of the guidance for individuals who wish to remain in the UK to work, or look for work, under the Graduate Route of the points-based system. The guidance in fact did not repeat all the words of the rules. However the point remained that the applicant only successfully completed her course of study after the date of the application. It was on that basis that she could not successfully apply under the graduate route because she had not yet graduated when she put in her application.
Benjamin Seifert represented the Respondent, the Secretary of State for the Home Department.
