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This category includes two sub-categories:
The new graduate immigration route Return of 2 year post study work visa announced Students of 16 or 17 years old should agree with the chosen educational establishment either to apply for General Student or Child Student visa. It depends on the course level. If the course is considered as NQF Level 3 or above, the educational provider should advise a student on the applicable sub-category. Please note that the students allowed to spend no more than 2 years in the UK studying below UK bachelor’s degree level since the age of 18. Educational provider means any educational establishment in the UK that is approved by Home Office and has been given a licence to bring overseas students to the United Kingdom under Tier 4 of PBS. There is a new 'genuiness' test, where the Home Office will check that applicants are genuine and they intend to meet the conditions of the leave they apply for. The Home Office now has the power to refuse the applications where the applicant cannot speak English. Scoring Sections - Attributes The applicant should successfully claim 40 points in total i.e.: 30 points – for having a valid Confirmation of Acceptance for Studies (CAS). Your approved education provider (sponsor) must provide a Confirmation of Acceptance for Studies (CAS) which is a unique reference number electronically issued by a sponsor via the Sponsor Management System to an applicant for entry clearance, leave to enter or remain as a Tier 4 Migrant 10 points – for having enough money to cover your course fees and monthly living costs (also known as maintenance or funds). You must show that you have held the money for at least a consecutive 28 day period (i.e. the funds must not fall below the required amount in this period). The end of that 28 day period must not be more than one month before the date of your application. Confirmation of Acceptance for Studies (CAS) Your approved education provider will provide a Confirmation of Acceptance for Studies (CAS) which is an official and unconditional offer of a place on a course of study. The CAS must be issued no more than six months before you apply. Maintenance or Funds The money you need to show covers your course fees for your first year of study and living costs for up to a maximum of nine months. The amount you will need depends on whether you will be studying in or out of London. The address given in your CAS will be used as proof of your main study site. You must show that you have held the required amount of money every day for at least 28 days. The end of that 28 day period must not be more than 31 days before the date of your application. There is a declaration on the visa application form requiring students to declare they hold and will continue to hold the required maintenance funds to cover their course fees and living costs, and that these funds will remain available to them to support themselves in the UK while they study and to pay for their course. You must show the following amount of money to meet basic living costs (not including fees):
From 12th November 2015 there is no more “Established Presence” provisions and therefore all students must show the maintenance as specified above, except for those who applies under Doctorate Extension Scheme. Also there is no difference between the maintenance amount required for Tier 4 (General) or Tier 4 (Child) student. You can prove you have the money if you have:
Adult and child students can use an account in their parent or legal guardian’s name. If you have already paid some of your fees or accommodation before applying for your visa, this amount will be taken away from the total amount of money you need to show. However, the amount taken away cannot exceed a maximum of £1265, even if you have paid more in advance for accommodation. This only applies if you are staying in university or college arranged accommodation. English language In general, where the course is below degree/foundation degree level or below NQF/QCF level 6 and where the student is not from one of the English-speaking countries listed in the Immigration Rules a student will need to show a knowledge of English language equivalent to level B1, or above, of the Council of Europe’s Common European Framework for Language Learning (unless coming to study English, in which case the course must be at level B2). For those coming to study at degree level, foundation degree level or NQF/QCF level 6 or above will need to show a knowledge of English language equivalent to level B2, or above, of the Council of Europe’s Common European Framework for Language Learning. For those students studying at Higher Education Institute (HEI), the Institute can decide how it assesses the student’s English language ability and vouch that the student has attained the necessary English level – a Secure English Language Test (SELT) certificate need not be supplied. Dependants Only those students studying at postgraduate level at HEIs on courses lasting more than 12 months, or more than 6 months for government-sponsored students studying at any level, and Doctorate Extension Scheme students are permitted to bring dependants with them. Dependants with existing leave wishing to extend their stay in the UK will be allowed to extend provided they apply at the same time as the main applicant applies to undertake a course of study that is longer than 6 months in duration. Dependants will now be able to apply from within the UK for initial leave as a PBS dependant, as long as they are not here illegally, as visitors, or on temporary admission or release. Right to Work for Dependants If the main applicant’s grant of leave is for less than 12 months, the dependants will not be allowed to work in Great Britain, unless the main applicant is sponsored by Government. If the main applicant’s grant of leave is for a course of study below degree level, the dependants will not be allowed to work in Great Britain, unless the main applicant is sponsored by Government. Additional documents and proof for students under 18 years old All students under 18 years old will need to get their parent(s) or legal guardian’s written consent to the care arrangements for their travel to, reception and care while in the United Kingdom, before permission to enter or stay will be given. Extra studies As a child or adult student, you are allowed to do extra courses, for example, evening courses or other course relevant or irrelevant to your main course of studies. You do not need permission from Home Office to do extra studies, and you do not need to tell your approved education provider but you must make sure that the extra course does not get in the way of the course that you have permission to stay for. What is a higher education institution (HEI)? An HEI is a recognised body, or a body in receipt of public funding as an HEI from the Department for Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council. This is essentially Recognised Bodies, University Colleges and small number of other institutions. Institutions, including further education colleges, which receive some public funding to deliver higher education courses do not fall within this definition of an HEI. Recognised bodies are all those institutions or bodies, including universities, which have their own UK degree awarding powers. How many hours can a student work? Those studying at an HEI at degree level can work no more than 20 hours per week during term time and any hours during holidays. They must not fill a full-time permanent vacancy. Those studying at any academic level at a publicly funded further education college can work no more than 10 hours per week during term time and any hours during holidays. They must not fill a full-time permanent vacancy. All other students, i.e. those at privately funded colleges, are not permitted to work. Switching Rules You can switch in to the adult student category if you have, or were last given, permission to stay in the following categories:
Extension of staying You can apply to extend your permission to stay while you are in the United Kingdom, or you can apply to extend your permission from outside the United Kingdom. A student’s eligibility to apply inside the UK is based on the type of visa in which they are already in the UK and the type of Tier 4 sponsor at which they are currently in the UK. If eligible to apply inside UK, there must be less than 28 days between the current visa expiry date and the start date of the new course. If more than 28 days, student must apply from home country regardless of their eligibility to apply in the UK. In case of overstaying the student can apply in the UK within 28 days of when that period of overstaying began. From 12th November 2015 there is no more “Established Presence” provisions and those students who extend their Tier 4 visas must show the maintenance as specified above. Doctorate Extension Scheme (DES) If you are currently a PHD student with a Tier 4 sponsor that is a UK Higher Education Authority then you can now apply for the Doctorate Extension Scheme to stay in the UK for 12 months after your course has ended. The Scheme allows you to work and gain further experience in your chosen field, seek skilled work or make plans to become an entrepreneur. Requirements of the DES;
The DES is a sponsored scheme which essentially means that your Tier 4 sponsor must agree to sponsor you while you are on the scheme. This includes maintaining contact with you, there must be at least two contact points while you are on the scheme. If you miss these without reasonable explanation then your sponsor will withdraw their sponsorship and inform the Home Office of this. Your Tier 4 sponsor will also have to inform the Home Office if you finish your course without completing your PHD or if you are awarded a lower qualification. Short-term student visa This category is for those who wish to study in the UK as a short-term student for up to and including 6 months or, for persons aged 18 and over, for up to and including 11 months for English language study only. English language study means study on a course that is entirely English language, not one that includes study of other subjects. Educational establishment should have one of the following accreditations:
The applicants should meet the following requirements:
The applicants must leave the UK at the end of the study or at the end of 6 months (or 11 months respectively) whichever is sooner. Short-term student (child) This subcategory is for the students aged under 18. All requirements are the same as for a Short-term student listed above. In addition, a short-term student under 18 must demonstrate, that:
Please note that students under 18 cannot take a short-term course more than 6 months length. Parent of a Tier 4 (child) student If you have children aged under 12 and wish to come to the UK to stay with your child during his studies, you can apply for Parent of a Tier 4 (child) student visa. You have to meet the following requirements:
You may be admitted or allowed to remain for a period not exceeding 12 months. Administrative Review If the entry clearance or leave to remain applications are refused, the applicant will be given a right of making a request for a review of the decision. This does not apply to applicant applying under a short-term study visa. The applicant will only be able to rely on the information / documents already submitted with the application and will not be allowed to submit any fresh documentary evidences with the review request. It is therefore strongly advised to take professional help while making grounds for making review request. What services we can offer?
Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of the immigration matters of our clients. |
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