United Kingdom Visa

UK Immigration Procedure

TIER 4 IMMIGRATION RULES CHANGES, APRIL 2016 – FACTSHEET

On 11 March 2016 changes to the Tier 4 provisions of the Immigration Rules are being laid in Parliament. These changes take effect from 6 April 2016, and will apply to applications for entry clearance or leave to enter or remain that are made on or after this date. This document provides a summary of these changes. The Immigration Rules can be found on GOV.UK.

Maintenance requirements for student union sabbatical officers and postgraduate doctor or dentist students

Students applying for leave to remain under Tier 4 (General) as a student union sabbatical officer or postgraduate doctor or dentist on a recognised Foundation Programme will have a reduced maintenance requirement applied. These students will be required to show funds for their living costs for each remaining month of their course, up to a maximum of two months.

Extension and switching provisions for independent school students

Tier 4 (General) students at independent schools will be permitted to apply from within the UK to extend their Tier 4 visa or switch into other points-based routes.

English language requirements for US study abroad students

Third country nationals applying under Tier 4 (General) to study a short-term study abroad programme in the UK – as part of their bachelor’s or master’s degree at an HEI in the US – will be exempt from the Tier 4 English language requirements.

Academic progression rule

Tier 4 (General) students who are extending their leave to complete a qualification after undertaking a period as a student union sabbatical officer will be exempt from demonstrating academic progression.
Tier 4 (General) students who wish to extend their leave at the same academic level must be studying at degree level or above and cannot study a course at a lower level than their previous course.

Changing courses with same Tier 4 sponsor

A Tier 4 (General) student may only change courses with the same sponsor, without first applying to UKVI for a new visa, if:
the sponsor is an HEI with Tier 4 Sponsor status;
the course is at degree level or above and not at a lower level than the previous course;
the new course can be completed within the period of leave they currently hold; and
if the applicant has previously been granted Tier 4 leave, the sponsor confirms that the course is related to the previous course, or the previous course and the new course in combination support the applicant’s genuine career aspirations.

Calculation of time limits in Tier 4

For the purposes of calculating how long a Tier 4 (General) student has spent studying, the period of leave granted, and the level of course for which the leave was granted, will be counted, rather than (if different) periods and courses actually studied.

Short-term study route

Applicants under the Short-term study route must genuinely be seeking entry to the UK as short-term students.

Engaging in business activity

Tier 4 students with work rights will be prevented from setting up businesses in the UK, including where they are not the controlling shareholder.

Tier 4 sponsors converting to state schools

Tier 4 students who are sponsored by an institution with a Tier 4 sponsor licence which becomes an academy or a school maintained by a local authority may continue to study there until they complete their current course of study and their current leave expires without breaching their visa conditions.

Other clarifications being made

The maximum limit of eight years’ study under Tier 4 applies to students who have completed a course leading to a postgraduate research qualification or research master’s degree, as well as PhDs.
Tier 4 PhD students with entry clearance, as well as those with leave to remain, are permitted to apply for the Doctorate Extension Scheme.
The Home Office uses UK agency NARIC to determine the level of international qualifications, not to assess UK qualifications.

Entry Clearance Before Travelling to the UK

The British Government determines the list of visa-national-countries. Your nearest British Council office or British Mission (British Embassy, Consulate or High Commission) will be able to tell you whether or not your country is on the list. The Foreign and Commonwealth Office UK Visas website features a visa enquiry form where you can check if you require a visa.

If you are a visa national, you must apply for entry clearance before travelling to the UK. There is a charge for the application. You must satisfy the ECO at a British Mission that you meet the Immigration Rules. The ECO will then issue you entry clearance (more commonly known as a visa) in the form of a sticker in your passport. The entry clearance should normally be valid for the whole length of your course. When you arrive in the UK, the Immigration Officer at the port of entry (e.g. Heathrow airport) will put a date stamp in your passport to show when you entered the UK. Your permission to be in the UK begins on that date and expires on the date indicated on the entry clearance.

Bringing a spouse and children to the UK

You will usually be allowed to bring your spouse and any children under 18 years of age to the UK, if you are holding an offer for a Master’s Degree from a University and as long as you can show that you can financially support and accommodate them. You will also need to show the ECO a marriage certificate, and a birth certificate for each child. It is advisable for them to apply for entry clearance, even if they are not visa nationals. They will normally be given permission to stay in the UK for the same period as you. Your spouse will be allowed to work if your permission to be in the UK lasts for 12 months or more. Make sure your spouse has a copy of your passport with them if they apply after you – the Immigration Officer will need to see the page showing your name, your entry clearance sticker (if you have one) and how long your permission lasts. If your permission to be in the UK lasts for less than 12 months, your spouse will not be allowed to work.