The process of obtaining a student visa has undergone significant changes recently. The provisions are contained within the Immigration rules and the specific requirements differ depending on what you want to study.
The students tier (tier 4) was launched in March 2009 and students wishing to come to the UK will be assessed under the new points based system. The new system provides for a points target that applicants need to meet which means that prospective students will be able to assess themselves and see if they have enough points before making an application.
A notable change is that education providers wishing to bring students from outside the European Economic area (EEA) will have to obtain a licence from the Home Office.
At Ergen & Sharif, our lawyers are familiar with all aspects of student visas and can assist you in ensuring that your application is in order so as to increase your chances of success.
We offer advice and assistance on
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Student entry clearance applications
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Further leave to remain as a student applications
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Switching to remain under the student tier (tier 4)
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Switching from the student category into tier 1 category
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Refusals and appeals of the above
Who requires a student visa?
Applicants who require a visa to enter the UK (known as visa nationals) will require a student visa from an entry clearance post abroad. Non visa nationals such as US citizens may be able to apply at the airport for courses lasting less than six months. If the course duration is longer than six months, then all applicants must apply for a student visa prior to entering the UK regardless of where they are from.
Applicants can also apply to enter the UK as a student visitor. Entry in this category is for a maximum duration of six months and cannot be renewed beyond that date. Students in this category are restricted from taking up employment.
Different provisions apply to applicants from European Union countries who are in general, allowed to visit, work and study in the UK.
Eligibility
Prospective applicants will need to demonstrate that they meet the requirements for obtaining entry clearance as a student. Different requirements apply depending on what you seek to study however; essentially there are a few mandatory requirements. Namely:
You have been offered a course of study at an institution registered as an education provider with the Department for Innovation, Universities and skills
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You are able to meet the costs for your course, accommodation and maintenance for yourself and any dependants without recourse to public funds
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You intend to continue with your course of study
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You do not intend to engage in business or take employment except part-time or vacation work
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You intend to leave the UK at the end of your studies
Applicants will also need to obtain a Visa Letter from their chosen place of study which must be on the sponsor register.
Applications must usually be made at a British post abroad and a fee will be payable. The timescales vary between posts and this should be borne in mind when making your application. If your application is successful, you will be issued with a visa for a specified period. If it is refused, you should have the right to appeal against the decision and this will be processed in the UK.
Switching
Applicants already in the UK on a different visa may be able to switch into the student visa category if they fulfil the requirements. Note however, that those here on a visitor’s visa cannot generally switch into this category as prior entry clearance is required.
Similarly, those in the UK on a student visa can apply to switch into other categories such as Tier 1 (post study work) provided the specific requirements are met.
For instance, you can apply under the post-study worker category if you are: