Scottish Graduate Visa proposal and International Student Welfare policy: FOI release

Information requested

1. All correspondence, briefings, reports or policy documents produced or received by the Scottish Government in the last three years relating to the proposed Scottish Graduate Visa, including any communications with the UK Home Office on this matter.
2. The Scottish Government's current assessment of the impact of the UK Government's reduction of the Graduate Route visa from two years to eighteen months on international students studying in Scotland.
3. Any data held by the Scottish Government on the number of international students in Scotland experiencing financial hardship, housing difficulty or mental health crisis in each of the last three academic years.
4. Any strategies, action plans or funding commitments made by the Scottish Government in the last three years specifically to support the welfare of international students in Scotland.
5. Any communications between the Scottish Government and Scottish universities regarding the financial reliance of those institutions on international student tuition fees and the pastoral duty of care owed to those students.

Response

I enclose a copy of some of the information you requested, including information identified as in scope, collated as three annexes.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections 25(1), 28(1), 29(1) (a), 30(b)(i), 30(b)(ii), and 38(1)(b) of FOISA applies to that information. The Scottish Government also does not hold some of the information you have requested. The reasons why exemptions apply are explained below.

Questions 1 and 2

Information identified as falling within scope of questions 1 and 2 is provided at Annex A (emails) and Annex B (documents). Some documents were relevant to both questions; as a result, these annexes represent a single, collated response covering questions 1 and 2.

It may be helpful to note that the Scottish Government continues to monitor and assess the impact of UK Government immigration policy changes on Scotland. The reduction of the Graduate Route visa from two years to eighteen months has not yet been fully implemented, and any assessment of its impact in Scotland will continue to develop as further evidence becomes available.

The information provided at Annex A (emails) and Annex B (documents) includes material identified in scope that, in part, forms the Scottish Government’s ongoing consideration of this issue.

Section 25(1)
Some of the information you have requested is publicly available. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

This information can be found at the links below:

• Scottish Government Debate: A Migration System that Works for Scotland | Scottish Parliament TV
• Meeting of the Parliament: 12/06/2025 | Scottish Parliament Website
• UK Immigration White Paper 2025: Scottish Government proposals - gov.scot
• Written question and answer: S6W-33945 | Scottish Parliament Website

Section 28(1) – relations within the UK
An exemption under section 28(1) of FOISA (relations within the UK) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the UK Government. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations. The release of these communications about will mean that the UK Government are likely to be more reluctant to share such information with the Scottish Government in future, which would reduce both the frequency and openness of communications between the Scottish Government and other UK administrations.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in maintaining good relations between the Scottish Government and the UK Government, and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest, such as migration strategy. There is no public interest in disclosing information when that will damage relationships and disrupt future communications.

Section 29(1)(a) – formulation or development of government policy
An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on migration.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on migration will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Section 30(b)(i) – free and frank provision of advice
An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to other officials or Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on migration will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing and decisions have not been taken.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of

open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide full and frank advice to other officials as part of the process of exploring and refining the Government’s policy on migration, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Section 30(b)(ii) – free and frank exchange of views
An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options, including with external stakeholders, before the Scottish Government reaches a settled public view.

Disclosing the content of free and frank discussions on migration will substantially inhibit such discussions in the future, particularly because these discussions are still ongoing and decisions have not been taken, and in many cases these discussions relate to a sensitive issue. Stakeholders will also be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing Ministers and officials a private space within which to explore and refine the Government’s policy position on migration, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

There is also a greater public interest in allowing Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s policy position on migration. This private space is essential to enable all options to be properly considered, so that good policy decisions can be taken based on fully informed advice and evidence, such as that provided by key stakeholders. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

There is also an important public interest in avoiding the loss of stakeholder confidence in cases where they thought they were providing comments in confidence, which would be inevitable if an individual’s contribution was released against their wishes.

Section 38(1)(b) – applicant has asked for personal data of a third party
An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

Questions 3 and 4

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. This is because Scottish Government does not hold or collect data on the number of international students in Scotland experiencing financial hardship, housing difficulty or mental health crisis.

The Scottish Government provides support to international students experiencing financial hardship via the International Students’ Emergency Fund. The Fund was introduced in May 2022 following the Russian invasion of Ukraine to support students who had suffered financial hardship as a result of a significant change in circumstances. This is now included as part of the Discretionary Funds provided to institutions by Scottish Ministers. Individual institutions make decisions on who can receive support from these funds based on guidance issued by the Student Awards Agency Scotland (SAAS).

Institutions also report back to SAAS on the Discretionary Fund spend and this includes an overview of the amount of students supported through the International Students’ Emergency Fund. This forms part of the annual SAAS statistics publication. Details of the latest publication can be found on the SAAS website - National Statistics Publications.

Question 5

Annex C contains information relevant to Question 5. Some of the information contained within the letter has been redacted as it is out of scope of this FoI request.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202600511350 - Information Released - Annex

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