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Sunday, August 21, 2011

New Student Visa Rules for the Future

Following our summary of the new student visa rules in place from 21 April 2011, we’ve had requests for a similar simple approach to the future Tier 4 student visa rules changes. So here it is!

July 2011 Onwards

Your Family (Dependants)

There will be only two types of student who will be able to bring their dependants to the UK during their studies: postgraduates and government sponsored students. Students must be studying a course of 12 months or more in duration.

Students should be sure to check with their education provider what duration of course has been entered on their CAS. Some Masters courses in the UK can be as short as nine months, so be sure to check if you want to bring your dependants with you.

If you qualify to bring your dependants with you during your studies, they will be able to work full time during their stay.

If you do not meet the requirements to bring your dependants all is not lost. You could consider having them come to the UK as visitors. But, there stay would be limited to just six months and they would not be able to work. They could of course come using any other route of the Points Based System, should they qualify.

Low Risk Students

Students from the following countries should not need to submit any financial documents or previous qualification certificates in support of their student visa application:

ArgentinaAustraliaBritish National OverseasBruneiCanadaChileCroatiaHong KongJapanMexicoNew ZealandSingaporeSouth KoreaTrinidad and TobagoUnited States of America

Do remember though that it is a requirement to have access to the required maintenance money and that students from the above countries could still be asked to produce proof. Any documents that you could be asked to submit must meet the criteria laid out in the Tier 4 Policy Guidance documents.

Time Limit on Staying in the UK

Students will have new limits placed on the amount of time that can spent in the UK on back-to-back student visa.

The good news is that students of specialist courses that take longer to complete – Dphil, medicine, architecture etc – will be excluded from the limits.

Students studying at either postgraduate or undergraduate level will only be able to spend a maximum of five years in the UK.

Students following courses below undergraduate level will be able to stay for only three years.

There is concession made for students who will study a combined course of below and above undergraduate level study. These students will be able to remain in the UK for a maximum of eight years.

If students are following one of the exempt courses above, they are eligible to stay beyond the eight years if their course demands it, however, students will not be able to apply for a new Tier 4 visa if they have already been in the UK for more than eight years.

Academic Progression

Any student who is extending their student visa in the UK and will not be studying a new course at a higher level, their education provider will have to explain the situation in their CAS. A common example of this would be a student studying two consecutive Masters Programmes.

Students are advised to liaise with their education providers and/or agents to make sure the wording in the CAS properly explains the situation.

April 2012 Onwards

Closure of Post-Study Work Route

The current Tier 1 Post Study Work visa, allowing graduates to remain in the UK for two years following their studies to look for work, will be closed.

Post-Study Work will be replaced by a new class in Tier 2 of the UK’s Points Based System: the Work Permission Route. Graduates will now require a job offer from a UKBA registered sponsor with a minimum salary of ?20,000 in order to remain in the UK following their studies.

Students must apply to switch to Tier 2 before their current Tier 4 General Student visa expires. Importantly, these Tier 2 applications will not come under the Coalition Government’s immigration cap, in any way.

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