Saturday, 9 July 2011

New UK Tier 4 Student Visa Rules in detail

UK immigration recently announced full details of the UK student visa changes under Tier 4 of the points based system. The intention of the changes is to make it more difficult for bogus students from outside Europe to gain entry to the UK. This follows a review of the Tier 4 visa system in November 2009.The new UK Tier 4 Student Visa requirements include the following:You will need to have English ability just below GCSE in a foreign language to gain entry to the UK on a student visa. This will cover those who wish to study English in the UK and those who wish to study at below degree level.You will only be able to gain entry to A level or equivalent courses if the college or school is included in a list of "most trusted institutions".If you are a student studying below first degree level or on a foundation degree course you will only be able to work 10 hours during term time instead of the previous 20 hours during term time.You will not be able to bring in dependants if the duration of the course is less than six months.If you are studying studying a course lower than foundation or undergraduate degree level your dependents will not be allowed to work in the UK.Alan Johnson had the following to say:'The points-based system was introduced to provide a rigorous system to manage legitimate access to the UK to work and study, with the ability to respond to changing circumstances.'We want foreign students to come here to study, not to work illegally, and today we have set out necessary steps which will maintain the robustness of the system we introduced last year. I make no apologies for that.'In addition, other Tier 4 student visa requirements include:You will not be able to study below degree level if the course includes a work placement unless the course is being provided by a university, college or training provider with the status of 'highly trusted sponsor';If you wish to study in the UK below foundation degree level or wish to study English you will need to demonstrate your English language ability by passing an approved secure test.It will be more difficult to become a 'highly trusted sponsors' of foreign students. However, it is expected that all publicly funded universities and colleges will count as highly trusted. UK immigration says that they will bring in a rapid and rigorous system to make sure that private training colleges also qualify for this status as soon as possible.The UK Government also mentioned in their announcement that they recognise that "...genuine international students bring - economically, academically and socially - to the country as a whole, as well as to the universities and colleges in which they study...." Since March 2009 all foreign students are required to be sponsored by a college licensed by the UK Border Agency. They also need to show that they have sufficient funds to support themselves in the UK. The number of institutions able to sponsor students has gone down from over 4,000 to about 2,000 now.Pat McFadden, the Minister for Business, Innovation and Skills, said:'Genuine international students are welcome in the UK. They make a significant contribution to the academic and cultural life of the universities and colleges where they study, and bring over £5.3bn to our economy each year. But where there is abuse it undermines the position of genuine students as much as anyone else.'It is important that we protect the reputation and quality of our institutions by ensuring only legitimate students are able to benefit from the courses they offer. This is why we will work closely with the sector to implement the recommendations of this review.'Alan Johnson also had the following to say:'We have already made fundamental changes to the immigration system to control migration in a way that is firm, and has a positive impact on our work force and economy.'From 2011 we will put the mechanisms in place that will ensure that people who are allowed to become citizens have earned their right to stay here.'We will do this using a points test, giving us the ability to take clear, enforceable decisions about who should be allowed to stay permanently, with the flexibility to raise or lower the threshold for citizenship, depending on the current interests of the country and economy.'There has recently been discussion in the UK that the UK immigration system is now too restrictive. This may not be in the best long term interests of the UK. Immigration to the UK has in the past led to significant economic growth in the UK.

Monday, 4 July 2011

Changes to student visa rules are now in force


04 July 2011
Significant changes to the Tier 4 student route of the points-based system have come into effect today.
We have revised the Immigration Rules relating to Tier 4 in order to:
  • restrict work entitlements, by only allowing students sponsored by higher education institutions (HEIs) and publicly funded further education colleges to work part-time during term time and full-time during vacations;
  • restrict sponsorship of dependants to those of students sponsored by HEIs on postgraduate courses lasting 12 months or longer, and of government-sponsored students on courses lasting longer than 6 months;
  • require institutions to confirm that courses represent genuine academic progression from any previous courses studied by the student in the UK; and
  • create a streamlined application process for low-risk nationals sponsored by Highly Trusted sponsors.
These changes are aimed at delivering a strong migration system which tackles immigration abuse while allowing genuine students to study at genuine colleges.
We have also revised the application forms for Tier 4 (General), Tier 4 (child) and dependants under the points-based system. The new versions of these forms should be used with immediate effect.
The changes to the Immigration Rules were laid in Parliament on 13 June. A previous news story gives full details of all the changes and associated amendments that come into force today.
The latest revisions follow the Home Secretary's statement to Parliament about student visas, and thepublication of a statement of intent, in March

Thursday, 16 June 2011

Next set of changes to student visa rules is announced

The next set of changes to the Immigration Rules affecting Tier 4 - the student tier - of the points-based system has been laid in Parliament today. The changes will come into effect on 4 July 2011.

The Home Secretary announced changes to the Immigration Rules in a statement to Parliament on 22 March, following a major public consultation on reforming Tier 4. The first set of changes came into effect on 21 April.

The aim of the revised Immigration Rules is to deliver a strong migration system which tackles immigration abuse, while allowing genuine students to study at genuine colleges.

From 4 July we will:

  • restrict work entitlements to migrants studying at higher educational institutions (HEIs) and publicly funded further education colleges only;
  • restrict the sponsorship of dependants to those studying at postgraduate level at HEIs on courses lasting at least 12 months, and government-sponsored students on courses lasting at least 6 months;
  • require education providers to vouch that a new course represents genuine academic progression;
  • ensure that maintenance funds are genuinely available to the applicant, by introducing a declaration on the visa application form;
  • commit to publish a list of financial institutions that we consider, on the basis of experience, do not verify financial statements to our satisfaction in more than 50 per cent of a sample of cases;
  • introduce a streamlined application process for low-risk nationals applying to attend courses with Highly Trusted Sponsors;
  • extend the list of courses for which students must receive ATAS clearance;
  • restrict the ability to deliver accountancy courses accredited by the Association of Chartered Certified Accountants (ACCA) to those sponsors accorded platinum or gold status by ACCA; and
  • clarify the position of overseas universities with campuses in the UK.

These changes were announced by Immigration Minister Damian Green in a written ministerial statement this morning. You can download this statement, and the statement of changes to the Immigration Rules (HC 1148) from the right side of this page.

A revised version of our policy guidance document for Tier 4 migrants, and a statement of intent summarising the new student visa policy, can also be downloaded from the right side of this page. You can find our revised guidance for Tier 4 sponsors in the Sponsor guidance section.

We have published an impact assessment for these changes in our Policy and law section.

We are also announcing today that the Quality Assurance Agency (QAA) and the Independent Schools Inspectorate (ISI) will extend their activities to cover privately funded providers, in line with our commitment that all privately funded sponsors would be inspected or reviewed by one of the publicly recognised bodies by the end of 2012.

There are also a small number of changes being made to bring into effect:

  • a new provision for other family members of refugees and beneficiaries of humanitarian protection;
  • a minor correction to the Tier 2 (Intra-Company Transfer) provisions and clarify a requirement of the Tier 1 (Exceptional Talent) and Tier 1 (Investor) Rules; and
  • a small number of minor corrections and technical changes to the Rules relating to English language requirements for partners and spouses.

Monday, 13 June 2011

Student visa numbers to drop by 260,000

The number of student visas issued in the next five years will drop by around 260,000, the government is to announce. But this figure is around 50 per cent of the originally announced plan to reduce the amount of foreign students in the UK.

On top of concessions on no longer capping state welfare handouts to £26,000 a year and allowing local authorities to keep collecting general household rubbish fortnightly, this halving of the original figure is being seen as another climbdown by the government from its original tough stance.

Previously, the Home Office had talked about cutting the number of student visas by roughly 100,000 a year but the figure is now 52,000. The move is meant to combat fraud in the system, including how some immigrants get student visas to stay in the UK longer. Student visas are said to account for nearly 70 per cent of all visas issued under the points-based system and 15 per cent of foreign students at private colleges are thought to be bogus. Roughly one student a day is arrested for breaking visa conditions.

A Home Office spokesman said: "The student changes will work alongside our other reforms to bring net migration down to the tens of thousands over the course of this Parliament."

Sir Andrew Green, chairman of MigrationWatch UK, said the key issue was not the number of students who come the UK but the number who stay.

"Bogus students stay and therefore add to net migration whereas genuine students go home at the end of their courses and so do not," he said.

Since the general election, 89 education providers have been suspended or had their licenses revoked. The immigration minister said these figures proved that the coalition "will not hesitate in taking action against educational providers who do not abide by our rules".

Sunday, 12 June 2011

Old system changed

Home Secretary Theresa May said: 'International students not only make a vital contribution to the UK economy but they also help make our education system one of the best in the world.

'But it has become very apparent that the old student visa regime failed to control immigration and failed to protect legitimate students from poor quality colleges.

'The changes I am announcing today re-focus the student route as a temporary one, available to only the brightest and best. The new system is designed to ensure students come for a limited period, to study not work, and make a positive contribution while they are here.'

What's changing?

From April 2012 all institutions wanting to sponsor students will have to be classed as 'highly trusted sponsors' and become accredited by statutory education inspection bodies by the end of 2012.

The current system does not require this and allowed too many poor quality colleges into the system

Those coming to study at degree level will have to speak a higher level of English than now.

UK Border Agency staff will be able to refuse entry to students who cannot speak English without an interpreter and who therefore do not meet the required standards.

Work rights

Students at universities and publicly funded further education colleges will retain current work rights but all other students will have no right to work,

Restrictions will be placed on work placements at courses outside of universities.

The 'post study work route', which allowed students two years to seek employment after their course ended will close.

Only those graduates who have an offer of a skilled job from a sponsoring employer, in Tier 2 of the points-based-system, will be able to stay to work

Meanwhile, only postgraduate students at universities and government sponsored students to be will be able to bring their family members with them.

At the moment all students on longer courses are able to bring dependants.

And the overall time that can be spent on a student visa will be limited to three years at lower levels, as now, and five years at higher levels. There is currently no limit for study at or above degree level.

Eliminating abuse

Theresa May added: 'My aim is not to stop genuine students coming here - it is to eliminate abuse within the system. Our stricter accreditation process will see only first class education providers given licences to sponsor students.

'I am delighted to announce that alongside our stricter rules, we will ensure that innovative student entrepreneurs who are creating wealth are able to stay in the UK to pursue their ideas.'

The government has committed to reforming all routes of entry to the UK in order to bring immigration levels under control.

The student changes will work alongside the annual limit on economic migration, and reforms to family and settlement routes planned for later this year.

Saturday, 11 June 2011

Many post-study workers used to move on to a Tier 1 (General) visa after their period under a Tier 1 Post Study Work (PSW) visa ended. Now that Tier 1 (General) has been withdrawn, a lot of people in the medical and IT sectors have been asking us how to extend their stays in the UK.

The short answer is that it helps a lot to find the right employer quickly. If you work with an employer for at least six months, it can be easier for them to sponsor you for aTier 2 (General) visa.

While some employers may not want to sponsor you under a Tier 2 (General) visa, there are many who will and workpermit.com works with the some of the best.

Some of our partners include consultancies that are prepared to sponsor staff working on client projects, so if you can command about GBP 250 plus per day on a contract consulting basis, this can be a great way to start.

Friday, 10 June 2011

21 April 2011

Changes have come into effect today affecting Tier 4 - the student tier - of the points-based system.

The changes to the Immigration Rules were announced by the Home Secretary in a statement to Parliament on 22 March. They follow a major public consultation on reforming Tier 4.

The aim of the revised Rules is to deliver a strong migration system which tackles immigration abuse, while allowing genuine students to study at genuine colleges.

Details of the changes were outlined in a news story on 22 March. You can also find a summary of the new student policy under 'Related documents' on the right side of this page.

New versions of our policy guidance documents for Tier 4 migrants and sponsors were published last month and come into effect today. You can find these in the Studying in the UK and Sponsoring migrants sections of this website.