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First steps Entry clearance and immigration regulations 2010–11
www.educationuk.org
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Entry clearance and immigration regulations Disclaimer: The information provided here is for general guidance only. However, please note you will be contacted by your British Council contact regarding any scheme-specific immigration guidance. Following the UK general election on 6 May 2010, the UK Border Agency website has undergone some changes. Please note this information is correct at the time of writing (6 May 2010) but the immigration system is subject to change, so it is important to check for new changes on the UKBA and UKCISA websites: www.ukba.homeoffice.gov.uk/sitecontent/ newsarticles/2010/april/03-t4-changes www.ukcisa.org.uk/student/index.php. Entry into the UK is managed by the UK Border Agency (UKBA). In April 2009, a new simpler, safer and fairer visa application system for international students was introduced. The points-based system (PBS) is designed to be objective and transparent, and give you the peace of mind that the courses you are applying for are run by bona fide institutions approved by the UK government. The latest Tier 4 Guidance can be downloaded from Related Documents: www.bia.homeoffice.gov.uk/studyingintheuk/ adult-students
There is a Tier 4 questions and answers for students PDF available on this page. Please ensure you apply for the correct visa – you may need to apply for a Tier 5 Visa (Temporary Worker) Government Authorised Exchange. www.ukba.homeoffice.gov.uk/workingintheuk/ tier5/ The government authorised exchange category is for people coming to the United Kingdom through approved schemes that aim to share knowledge, experience and best practice, and to experience the social and cultural life of the United Kingdom. This category must not be used to fill job vacancies or to bring unskilled labour to the United Kingdom. Your sponsor will be an overarching body who manages the government authorised exchange scheme. This overarching body must have the support of a United Kingdom government department. Individual employers and organisations will not be allowed to sponsor migrants in this category, even if they are licensed as sponsors under other tiers or other categories of Tier 5. The only exceptions to this are if you are coming to the United Kingdom: n
as a sponsored researcher, where the higher education institution you are coming to work at will be your sponsor; or
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to work for a government department or agency.
Is a visa required? All British Council administered scholars should contact the British Council before completing any visa application forms. If you wish to study in the UK and you are from the European Economic Area or if you are a Swiss citizen, you do not need a visa to study in the UK. If you are not an EEA national or a Swiss citizen, a visa is required. For more information, visit: www.ukvisas.gov.uk/en/doineedvisa/
Any work you do must be skilled, which means it must be equivalent to NVQ or SVQ level 3 or above. This is unless you are taking part in the scheme set up as part of the European Union's lifelong learning programme, where you can do vocational education and training at a lower skill level.
www.ukba.homeoffice.gov.uk/studyingintheuk/ adult-students/ 1
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You are allowed to stay in the United Kingdom for up to 24 months under this category.
The new requirements are as follows: n
UKBA have raised the minimum level of English language course that Tier 4 (General) students can study, to level B2 of the Common European Framework of Reference for Languages (CEFR). Before general students can apply to study an English language course in the UK they need to show that their English language skills are at CEFR level B1 or higher. (There are exceptions if you are a government-sponsored student or if you want to study a pre-sessional English course that meets certain requirements.)
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If you are applying under Tier 4 (General) to study a course that is below degree level and is not a foundation degree, UKBA have reduced the amount of work that you can do during term time to ten hours per week (the maximum level used to be 20 hours per week). Government sponsored Scholars and Fellows may need permission to work – please check with your British Council contact BEFORE you start any type of work.
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If you are applying to study a course under Tier 4 (General) for six months or less, you will no longer be able to bring your family members (known as ‘dependants').
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If you are applying to study a course lower than degree level (excluding foundation degree courses) under Tier 4 (General), your dependants will no longer be able to work (unless they qualify to work in their own right under Tier 1 or Tier 2 of the points-based system).
Courses To see what type of study you can apply for visit UKBA's website: www.ukba.homeoffice.gov.uk/studyingintheuk/ adult-students/can-you-apply/course/ It is important that you choose the right course and place of study because you will have to obtain permission to change once in the UK. New fees were introduced on 6 April 2010, for all those applying to study, visit, work or stay in the UK. UKBA have also revised a number of their application forms (marked ‘02/10’). Tier 4 student visa applications cost £199 overseas, but if you are in receipt of a scholarship principally funded by the British government, you may be entitled to a gratis visa (free of charge). Please check with your British Council contact regarding arrangements for payment of or exemption from visa fees. Extending in the UK costs £357 by post or £628 at public enquiry offices and you will not be able to study while you wait for that permission.
Tier 4 latest changes Please note that on 3 March 2010 the UK government made some changes to Tier 4. Most of the changes do not affect you if you make your Tier 4 immigration application in order to study a course at degree level or above, or a foundation degree.
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Please note: If you have submitted and paid for your application before 3 March 2010, you will be considered against the rules that were in force at the time when you applied. The UK government also announced further changes from 6 April 2010. They affect students if they want or need to take work placements as part of their course. Only education providers that are Highly Trusted Sponsors will be able to offer courses with work placements if the course is below degree level. All publicly funded education providers will automatically be Highly Trusted Sponsors when the new scheme is launched. Private education providers will have to apply. There are no further details yet about the scheme.
Resources: n www.ukba.homeoffice.gov.uk/ studyingintheuk/ n
www.ukcisa.org.uk/student/index.php
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www.educationuk.org
Publications: n First steps – a pre-departure guide for international students coming to the UK, available from www.educationuk.org Warning!: Entry clearance and immigration is not an issue that can be left until the pre-departure briefing. You can apply for a visa after you have received a confirmation of acceptance for studies (CAS). For more information, visit: www.ukba.homeoffice.gov.uk/studyingintheuk/ adult-students/applying/
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International students applying to study – Tier 4 Please check the Tier 4 (General) student guidance for full details of the new Tier 4 requirements. These are available in the Adult students sections of the UKBA website.
To be able to apply as an adult student applicants require: n
a place on a course with an approved education provider and a valid Confirmation of Acceptance for Studies from a Tier 4 sponsor (www.ukba.homeoffice.gov.uk/studyinginth euk/adult-students/can-youapply/education-provider/) – 30 points
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enough money to cover course fees and monthly living costs – 10 points.
In general: If you are coming to study for more than six months (or if you are already in the UK and want to apply to extend your permission to stay), you must pass a points-based assessment and score 40 points before you are able to travel to the UK. The student category: n
adult student (also known as general student) for students coming to the UK for post-16 education
There are certain circumstances where the status of the Tier 4 sponsor’s licence may have an effect on the student and his/her application: n
If the Tier 4 sponsor’s licence is suspended
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If their licence is withdrawn
All students making a Tier 4 application will have to submit their biometric details. An application can only be assessed once these are received.
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What will you need to apply? You will need to fill in the visa application form available from:
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documents that should be included as part of an application to prove qualifications
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CAS number
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ATAS certificate (if appropriate) – see below.
www.ukvisas.gov.uk/en/doineedvisa You will also need to pay a fee (currently £199 overseas, but if you are in receipt of a scholarship principally funded by the British government, you may be entitled to a gratis visa (free of charge). Please check with your British Council contact regarding arrangements for payment of or exemption from visa fees) and provide: n
passport or travel document
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a confirmation of acceptance (CAS) from a licensed sponsor* (www.ukba.homeoffice.gov.uk/studyingin theuk/adult-students/can-you-apply/cas/)
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documents to show you meet the maintenance requirements such as money in an account held under your name – this includes joint accounts, a loan in your name or government sponsorship
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documents required by your sponsors when they accepted you for the course
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biometric details
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identity card (if you are applying from inside the UK).
* The educational sponsor provides all potential students with a CAS reference number and their sponsor licence number (SLN). They also need to give you all the information you will need when making your visa application. This information may include: n
student name
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student date of birth
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course title
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course start and end dates
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details of any financial sponsorship or deposits taken
Documents and proof Since 22 February 2010, you need to provide a confirmation of acceptance for studies (CAS) from a licensed sponsor (college or university); you will no longer be able to apply using a visa letter (see above). You must show you have the required sum of money for maintenance in your account for a period of 28 days. This money must take the form of cash funds in the bank (including savings accounts and current accounts, even when notice must be given), a loan letter, or official financial or government sponsorship available to you. At the end of that 28-day period, it must not be more than one month from the date of your application for the visa. You can use money held in an account owned by your parent(s) or legal guardian. You will need to show UKBA evidence that they are related to you, and that they have their permission to use this money. If you can show that you have already paid all or some of your course fees before making your application, this amount can be deducted from the total amount of money you will need to show. If you will be staying in university or college arranged accommodation, and you can show that you have already paid all or some of your accommodation fees to your Tier 4 sponsor before making your application, this amount can be deducted from the total amount that you will need to show for living costs.
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For further information on this subject, visit:
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length of your sponsorship
www.ukba.homeoffice.gov.uk/studyingintheuk/ adult-students/documents-and-proof/proof-ofavailability-of-money/
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amount of money you have or a statement that they will cover all (or part) of your fees and living costs.
Financial sponsorship means you have been given money to cover your course fees and living costs. If your financial sponsor is only covering some of your course fees or living costs, you must show that you have the rest of the money needed.
If the official sponsorship only covers part of the money needed, you must provide a letter of confirmation from your sponsor as detailed on the previous page in addition to proof that you have the rest of the money needed, such as a bank statement.
You must provide a letter of confirmation from your official financial sponsor, which may be Her Majesty’s government, your home government, the British Council or any international organisation, company or university.
If you are receiving official financial sponsorship from your approved education provider – for example, a scholarship – the approved education provider may choose to include details of the financial sponsorship on the CAS.
The letter must be on official letter-headed paper or stationery of the organisation of the official financial sponsor and have the official stamp of that organisation on it.
How long can you stay for? If you are studying at degree level or above, you can stay for the full duration of the course (up to four years). If the course is longer than four years you can apply in the UK for an extension to finish the course. If the course is below degree level, then you will be allowed to stay for up to three years.
The letter should show:
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name and contact details of the official financial sponsor
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date of the letter
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full name of the student (that appears in your passport)
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What is an ATAS certificate? An Academic Technology Approval Scheme (ATAS) Clearance Certificate must be obtained for some postgraduate students who need entry clearance to study in the UK. Resource: For further information and a more detailed list, visit: www.fco.gov.uk/en/about-us/what-wedo/services-we-deliver/atas It affects students who are applying for leave to take one of the following: n
postgraduate studies leading to a doctorate or master’s degree by research in one of the subjects listed in paragraph one of appendix six of the immigration rules; or
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postgraduate studies leading to a doctorate or master’s degree in one of the subjects listed in paragraph two of appendix six of the immigration rules; or
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study or research in the United Kingdom of longer than six months, which is part of an overseas postgraduate level course, in any subject listed in appendix six of the immigration rules.
If you need an ATAS certificate but do not have one, your entry clearance application will be refused. Current students already in the UK wishing to extend their visas also need to apply for an ATAS clearance if they are extending in the subject areas listed.
Can students still come for an English course? Since 3 March 2010, the level at which Tier 4 (General) students can study English language courses has been raised from level A2 or above of the Common European Framework of Reference for Languages to level B2, unless he/she is receiving official government sponsorship. NEW: Before 3 March 2010, the lowest possible level was level A2. Check with the course provider about the level of course
the student wishes to study. The UK government has announced that there will be exceptions to this for students who are taking pre-sessional English language courses before moving to a degree course and for students who are financially sponsored by governments. However, we do not yet have details of how this will work. They will be published in a revised version of the Tier 4 policy guidance. If you have an unconditional offer you are likely to be given permission for both courses at the same time (as long as the pre-sessional course is with the same sponsor as the fulltime course or with a partner institution named on the sponsor licence). If you have a conditional offer to do a full-time course, you will need to apply for the pre-sessional course first. If you successfully finish that course you will need to apply for an extension while in the UK to continue studies on a full-time course.
Extending your permission to stay as a general student in the UK Students who extend their stay as a general student (or student visa), must pass the points-based assessment and score 40 points. The cost is currently £357 by post or £565 in person, plus £50 per dependant. NOTE: Since 6 April 2010, the fee by post has remained at £357, and the fee for the premium service (in person) has increased from £565 to £628. The fee for a dependant who applies at the same as you to stay in the UK has increased from £50 to £80 for a postal application and to £107 for an application at a public enquiry office. You can re-sit examinations or repeat any part of your course two times for each individual examination or module. If your existing visa ends before you have finished the re-sit or repeated the appropriate studies, you will need to apply to extend your stay.
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It is unlikely that extensions will be given to study at a level that is below level 3 of the National Qualifications Framework (or its equivalent in Scotland) if you are over 16; or if you want to study English below A2 of the Common European Framework of References for Languages. Short-term study abroad programmes in the UK as part of an overseas higher education institution are accepted as long as the qualification is confirmed as the same as a UK degree qualification by UK NARIC. If you are applying for an extension to complete a current course or to undertake a further course you will be required to provide evidence of fees for the course (only the first year if the course is longer) and just two months’ maintenance. Applications should be made within four months of a previous course completion. If you are completing a course of six months or less, including pre-sessional, and seeking an extension within one month to go on to further studies you will also have to provide evidence of fees for the new course (only the first year if the course is longer) plus the maintenance costs per month for each month, up to a maximum of nine months. Anyone switching into the student route from outside Tier 4 will also be required to provide evidence of fees for the course (up to one year if the course is longer) plus maintenance per month of the course, up to a maximum of nine months.
Bringing family to the UK Adult or general students studying for a course of six months or over can bring their partners and/or children (also known as dependants) providing you can show that you can support them financially. Please check with your British Council contact regarding bringing your dependants to the UK and check the changes below regarding whether they can work while you study. You will need to show that you have a further £533 (in London) or £400 (outside of London) a month for each dependant, for up to a maximum of 12 months. 8
On 3 March 2010, the following changes took effect: n
Students studying a course for less than six months cannot bring their dependants with them; this applies to a course at any level and not just below degree level.
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Students studying a course that is longer than six months, but it is below degree level and is not a foundation degree course, can bring their family members with them or stay with them in the UK. However, they are not allowed to work, even if your course lasts 12 months or longer. Before 3 March 2010, dependants can work if the student is studying a course that is below degree level, but only if the course is at least 12 months long.
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A person who has immigration permission as the partner (husband, wife, unmarried or same sex partner) of a Tier 4 migrant can, from 3 March 2010, apply in the UK to stay as a Tier 1 (General) migrant or as a Tier 2 migrant, if that person meets all the other requirements of the relevant work category. Before 3 March, they had to go home and apply for entry clearance in order to make such an application.
For further information about bringing family to the UK, visit: www.ukba.homeoffice.gov.uk/studyingintheuk/ adult-students/family/
Student visitors It is compulsory for everyone (even those who are not visa nationals) to obtain entry clearance before travelling to the UK, if they want to enter as ‘students’. However, if you are not a visa national and are coming to the UK to study for a maximum of six months, you may qualify to enter as a 'student visitor'. You will not need to obtain entry clearance in advance of travelling. If you choose to come as a student visitor you will be much more restricted than if you come as a student. You will not be allowed to do any work or work placement (even if it is part of a course, or is unpaid). You may wish to consider
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Tier 5 – please check with your British Council contact. You will not be allowed to apply for more time in the UK, if your studies are extended. For these reasons, it is not normally appropriate to come to the UK as a student visitor. If you want to come as a student visitor you must show that you have been unconditionally accepted on a course that is provided by an organisation listed on the register of education and training providers or is accredited by an accreditation body approved by the UK Border Agency. You must be at least 18 years old, and have the financial resources to accommodate and maintain yourself during the visit. You should only come as a student visitor if you are absolutely certain you will not want to work in the UK and you will not want to stay for longer than six months. Student visitors do not have to study full-time. Resources: n www.ukba.homeoffice.gov.uk/studying intheuk/adult-students/family/ n
www.ukba.homeoffice.gov.uk/studying intheuk/student-visitors/eligibility/
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www.ukcisa.org.uk/student/immigration.php – general advice for international students
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www.ukvisas.gov.uk/en – information about applying for visas overseas
Finances Resources: On your application you will need to show that you can cover course fees and living costs. Guidance is available at: www.ukba.homeoffice.gov.uk/studyingintheuk/ adult-students/can-you-apply/money/ If your scholarship covers all course fees and living costs then the next section does not apply to you. If it only covers part fees and living costs then the general guidance is found below:
Course fees If you are applying to start a new course, you must show that you have enough money to pay your course fees for the first year of your course (or for the entire course, if it lasts less than a year). If you have already started your course and you are applying to extend your stay so that you can continue that course, you must show that you have enough money to pay your course fees: n
to the end of the current academic year; or
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for the next academic year, if you will continue on your course at the start of the next academic year.
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If you are applying to do a ‘study abroad’ programme in the UK as part of an overseas course, you must show that you have enough money to pay any fees you need to pay to the Tier 4 sponsor for the first year of the programme (or for the entire programme, if it is less than a year long). Your confirmation of acceptance for studies (CAS) tells UKBA the amount of money you need to show to pay your course fees. If you do not know what this amount is, you must ask your Tier 4 sponsor.
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are currently studying a single course, of which you have completed at least six months; or
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are currently studying and have completed a single course lasting at least six months during your current permission to stay.
Additionally, your current or most recent permission to stay must have been: n
under Tier 4; or
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as a student under the former Immigration Rules that were in force until 30 March 2009; or
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as a postgraduate doctor or dentist.
Living costs The amount of money you must show to cover your living costs will depend on: n
where you will be studying in the UK
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whether you have recently been studying in the UK – if you are a current or recent student, UKBA may consider that you have an 'established presence' as a student in the UK.
Where you are studying? UKBA calculate your living costs as: n
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£800 per month if you are spending more than half of your study time in inner London £600 per month if you are spending more than half of your study time outside inner London.
Do you have an ‘established presence’? Any student (including postgraduate doctors and student union sabbatical officers) has an established presence studying in the UK if they: n
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completed a single course of study lasting at least six months during your most recent permission to stay in the UK, which ended no more than four months ago; or
A student cannot amalgamate two or more courses to make up the six months’ study. Your current location (inside or outside the UK) does not affect whether you have an established presence in the UK as a student.
How much money will you need? If you have an established presence, you must show that you have enough money to cover your living costs for: n
two months; or
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the length of your course, if this is less than two months.
If you do not have an established presence, you must show that you have enough money to cover your living costs for: n
nine months; or
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the length of your course, if this is less than nine months.
If the length of your course includes a part of a month, UKBA will round the time up to the next month. For example, if a course lasts seven months and two weeks, you must show (unless they have an established presence) that you can pay their living costs for eight months.
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The UK means the United Kingdom and consists of England, Scotland, Wales (Great Britain) and Northern Ireland
Education UK is managed by
British Council Bridgewater House, 58 Whitworth Street Manchester M1 6BB educationuk@britishcouncil.org www.educationuk.org