| Immigration Rules for Student Visas |
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Types of visa and how to apply according to the new legal guidelines.
From 31st March 2009, students intending to study in the UK have to apply for their visa under Tier 4 of the Home Office’s new points-based system. Previous to this date, the immigration rules were relatively lax and less stringent. The new rules which are contained under the Tier 4 points bases system, are arguably much tougher to satisfy. There are various types of student visas as shown in the table below
Types of student visa
What do I need to apply?
You
need 40 points to be able to apply for a student visa and must provide the proof
needed with your application form.
You
must be able to prove that the money you need to apply has been in your account
for 28 days before you submit your application. Approved education provider
Education providers are approved by the Home Office following checks,
and are given a Licence to teach international students in the United Kingdom.
The educational providers are then added to the Tier 4 register of sponsors.
Once you have chosen an education provider to study with, you can check to see
if they are on the register by clicking on UKBA's Register of Education Sponsors.
If the
education provider is not on the register, you will not be able to get a student
visa. Course at an acceptable level
You can
do courses that lead to an approved qualification and are: . approved at the same level by the Qualifications, Curriculum and Assessment Authority for Wales (ACCAC); . approved at the same level by the Council for Curriculum, Examinations and Assessment (CCEA) in Northern Ireland; . are short-term study abroad programmes in the United Kingdom as part of your qualification at an overseas higher education institution, as long as the qualification is confirmed as the same as a United Kingdom degree level by UK NARIC. You can find contact details for UK NARIC on the right side of this page; or . an English language course at a level A2 of the Common European Framework of Reference for Languages. If you want to do another English language course after your first course, you will need to show a formal assessment of the English language level you got.
Money needed
The
money that you need includes course fees and monthly living costs. The monthly
living costs needed depends on where you are studying.
You can
prove you have the money if you have cash in an account in your name (this includes joint accounts with
your name) or a loan in your name; or official
financial or government sponsorship. Applicants
are required to provide their biometrics (fingerprints and photograph), which
are checked against existing records and then stored on the UK Border Agency
systems and within the microchip card. This helps keep the UK borders strong,
and will provide additional protection against illegal immigration and illegal
employment.
The card helps to combat illegal working
and reduce illegal immigration to the United Kingdom. It is a very secure way to
provide evidence of the holder's nationality, identity and status in the United
Kingdom. It helps public agencies, employers and educational establishments to
more easily understand the migrant's entitlements. It also enables holders to
confirm their identity, immigration status, and right to work or study and
access public services.
By 2015, the Home Office expects 90% of
nationals from outside the EEA or Switzerland to have an identity card for
foreign nationals.
Where an applicant is outside of the UK
and applies for entry clearance as a student under the new Tier 4 system, and
the Entry Clearance Officer refuses the visa application, the applicant can ask
for an “administrative review” which is where an Entry Clearance Manger reviews
the case and can decide to give the applicant the visa if he believes the
applicant satisfies the criteria and the Entry Clearance Officer was wrong in
refusing the visa. The appeals systems (which is where an Immigration Judge in
the UK would make a decision on whether the visa refusal was correct or not)
has therefore been abolished and as the
Tier 4 system is so new, is it is difficult to quantify how many Administrative
Reviews will be successful. The problems lies with how objective and fair the
Entry Clearance Manager will be in reversing the decision of an Entry Clearance
Officer when both parties work for the same department. In general, it appears
only those of a certain financial status can successfully apply under the Tier 4
system and those from less well of backgrounds, will no longer be eligible to
apply or indeed will face great difficulty.
The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. For legal advice regarding your case, please contact Greenfields Solicitors on 020 8884 1166 for a Consultation with a Solicitor.
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