Latest phase of student visa rule changes come into force 4 July

THIS POST WAS WRITTEN BY CHARLES KELLY ON JUNE 14, 2011
POSTED UNDER: NEWS

The UK Border Agency has published the latest set of changes to the Immigration Rules, affecting Tier 4 students, which were laid in Parliament this week.

The new restrictions, which will mainly hit private colleges, will come into effect on 4 July 2011.

The Home Secretary announced changes to the Immigration Rules in a statement to Parliament on 22 March, which follow the first set of changes on 21 April.

The border agency (UKBA) said that the ‘aim of the revised Immigration Rules is to deliver a strong migration system which tackles immigration abuse, while allowing genuine students to study at genuine colleges’.

From 4 July the UK Border Agency will:

• restrict work entitlements to migrants studying at higher educational institutions (HEIs) and publicly funded further education colleges only;
• restrict the sponsorship of dependants to those studying at postgraduate level at HEIs on courses lasting at least 12 months, and government-sponsored students on courses lasting at least 6 months;
• require education providers to vouch that a new course represents genuine academic progression;
• ensure that maintenance funds are genuinely available to the applicant, by introducing a declaration on the visa application form;
• commit to publish a list of financial institutions that we consider, on the basis of experience, do not verify financial statements to our satisfaction in more than 50 per cent of a sample of cases;
• introduce a streamlined application process for low-risk nationals applying to attend courses with Highly Trusted Sponsors;
• extend the list of courses for which students must receive ATAS clearance;
• restrict the ability to deliver accountancy courses accredited by the Association of Chartered Certified Accountants (ACCA) to those sponsors accorded platinum or gold status by ACCA; and
• clarify the position of overseas universities with campuses in the UK.

A revised version of our policy guidance document for Tier 4 migrants, and a statement of intent summarising the new student visa policy, can also be downloaded from UKBA website. You can find the revised guidance for Tier 4 sponsors in the Sponsor guidance section of the UKBA website.

The UKBA also announced that the Quality Assurance Agency (QAA) and the Independent Schools Inspectorate (ISI) will extend their activities to cover privately funded providers, in line with their commitment that all privately funded sponsors would be inspected or reviewed by one of the publicly recognised bodies by the end of 2012. Source: UK Border Agency.

The changes will be seen as a major blow for private colleges, already competing against government owned providers at a disadvantage.

According to Home Office figures published by the BBC yesterday the student visa changes could cost the UK economy £2.4bn.

The changes will not affect Bulgarian and Romanian students who wish to come to the UK to study and work on a Yellow Card.

UK Border Agency warns of visa scams

14 June 2011

The UK Border Agency is warning people not to be taken in by scammers demanding cash in return for dealing with immigration cases.

The warning follows a report of an individual posing as a UK Border Agency officer and visiting a pensioner's home to ask for £1,350 to process his partner's visa.

The allegation is being investigated by the UK Border Agency security unit.

Jonathan Nancekivell-Smith, Director of Visa Services at the UK Border Agency said:

'UK Border Agency officers do not visit homes to collect cash payments and we have referred these allegations to our security team.

'Anyone who is approached in this way should contact the police.

'Details of how to pay for visas are included with our application forms and further information is available on our website.'

Next set of changes to student visa rules is announced

13 June 2011

The next set of changes to the Immigration Rules affecting Tier 4 - the student tier - of the points-based system has been laid in Parliament today. The changes will come into effect on 4 July 2011.

The Home Secretary announced changes to the Immigration Rules in a statement to Parliament on 22 March, following a major public consultation on reforming Tier 4. The first set of changes came into effect on 21 April.

The aim of the revised Immigration Rules is to deliver a strong migration system which tackles immigration abuse, while allowing genuine students to study at genuine colleges.

From 4 July we will:

• restrict work entitlements to migrants studying at higher educational institutions (HEIs) and publicly funded further education colleges only;
• restrict the sponsorship of dependants to those studying at postgraduate level at HEIs on courses lasting at least 12 months, and government-sponsored students on courses lasting at least 6 months;
• require education providers to vouch that a new course represents genuine academic progression;
• ensure that maintenance funds are genuinely available to the applicant, by introducing a declaration on the visa application form;
• commit to publish a list of financial institutions that we consider, on the basis of experience, do not verify financial statements to our satisfaction in more than 50 per cent of a sample of cases;
• introduce a streamlined application process for low-risk nationals applying to attend courses with Highly Trusted Sponsors;
• extend the list of courses for which students must receive ATAS clearance;
• restrict the ability to deliver accountancy courses accredited by the Association of Chartered Certified Accountants (ACCA) to those sponsors accorded platinum or gold status by ACCA; and
• clarify the position of overseas universities with campuses in the UK.

These changes were announced by Immigration Minister Damian Green in a written ministerial statement this morning. You can download this statement, and the statement of changes to the Immigration Rules (HC 1148) from the right side of this page.

A revised version of our policy guidance document for Tier 4 migrants, and a statement of intent summarising the new student visa policy, can also be downloaded from the right side of this page. You can find our revised guidance for Tier 4 sponsors in theSponsor guidance section.

We have published an impact assessment for these changes in our Policy and law section.

We are also announcing today that the Quality Assurance Agency (QAA) and the Independent Schools Inspectorate (ISI) will extend their activities to cover privately funded providers, in line with our commitment that all privately funded sponsors would be inspected or reviewed by one of the publicly recognised bodies by the end of 2012.

There are also a small number of changes being made to bring into effect:

• a new provision for other family members of refugees and beneficiaries of humanitarian protection;
• a minor correction to the Tier 2 (Intra-Company Transfer) provisions and clarify a requirement of the Tier 1 (Exceptional Talent) and Tier 1 (Investor) Rules; and
• a small number of minor corrections and technical changes to the Rules relating to English language requirements for partners and spouses.

SUMMARY OF THE NEW STUDENT POLICY ACCREDITATION

SUMMARY OF THE NEW STUDENT POLICY
ACCREDITATION

• All sponsors must have been accredited by either Ofsted and its devolved equivalents, QAA,
the Independent Schools Inspectorate, the Bridge Schools Inspectorate or the Schools
Inspection Service and all must become Highly Trusted Sponsors.
• Sponsors will be required to achieve Highly Trusted Status by April 2012, and accredited by
a relevant agency by the end of 2012. They will be required to apply for HTS status and
accreditation by a date to be specified.
• During the transition period there will be an interim limit on numbers sponsored by those
who do not meet the above criteria.
• Private providers will be able to provide courses, including pathway courses, by working in
partnership and where the licensed sponsor takes responsibility and sponsors the student
directly.
ENTRY REQUIREMENTS
English Language requirement
• B2 in each of the four disciplines is the appropriate level for those coming to study at level 6
(undergraduate) and above.  
• B1 is the appropriate level for lower courses, including the Pathways.
• In order to get a visa, those outside of universities will have to present a test certificate from
an independent test provider proving they have attained that level; universities will be able to
vouch for a student’s ability where they are coming to study at degree level or above.
• We will waive this requirement for truly exceptional students only following individual
requests by university academic registrars.
• UK Border Agency Officers will be able to refuse a migrant who cannot speak without an
interpreter.
Evidence of student funding
• All applicants to sign a declaration that the funds they present to meet the maintenance
requirement are genuinely available for use in coming to the UK to study.  This will make
refusals easier on grounds of deception.
• We shall refuse applications where the bank statements are from a bank which we cannot
trust to verify the statements. Local lists of proscribed banks will be established.
• We shall introduce a streamlined process for low risk applicants going to Highly Trusted
Sponsors, in general waiving the requirements to provide documents beyond the CAS and
passport/ identity document.  This is based on robust supporting evidence of compliance
and abuse.  This will bring about a system which is more targeted and responsive for both
staff and applicants. ENTITLEMENTS
Work during term and work placements
• Students at Recognised Bodies (universities) will retain their right to work 20 hours a week
part-time and to do work placements where the study : work ratio is 50:50.
• Students at publicly funded FE colleges will continue to be able to work 10 hours a week
part-time.
• Other students will have no right to work part-time and work placements will have to be
66:33 in favour of study : work.
Dependants
• For a student to sponsor a dependant, the student will have to be on a post graduate course
(NQF 7 and above) at a university which is of more than 12 months’ duration, or a
Government Sponsored student.
• The dependants will be able to work.

AT THE END OF THE COURSE
Time allowed as a student
• Maximum of 3 years at NQF 3-5 and 5 years at NQF 6-7.
• For those at the higher level doing a PhD, there will be exceptions, as well as for those
courses which require as a matter of professional qualification a longer duration than 5 years
(e.g. medicine, architecture).
• The sponsor will have to vouch for academic progression where students are not moving up
to the next NQF level.
Post-Study Work
• The current Post-Study Work route will be closed from April 2012.
• Those graduating from a UK university with a recognised degree, PGCE, or PGDE will be
able to switch into Tier 2.
• There will not be a limit on these switchers.
• They will only be able to switch if they are in the UK, before their student visa expires.
• The normal Tier 2 requirements will apply, except for the Resident Labour Market Test.
• We will ensure that genuine student entrepreneurs with a great idea are able to stay on in
the UK to develop their business proposition.
2

New rules for student visas come into force

31 March 2011

A statement of changes to the Immigration Rules has today been laid before Parliament, setting out how the student visa system will be reformed from next month. The reforms, which affect Tier 4 of the points-based system, were announced last week.

To accompany the statement of changes in the Immigration Rules bringing the first set of changes into force from 21 April 2011, we have published:

• a statement of intent containing full details of the reforms;
• revised policy guidance for Tier 4 migrants from 21 April 2011; and
• revised guidance for Tier 4 sponsors from 21 April 2011.

The laying of the statement of changes was anounced in a written ministerial statement by Immigration Minister Damian Green.

Details of changes to student visas

31 March 2011

A statement of changes to the Immigration Rules has today been laid before Parliament, setting out how the student visa system will be reformed from next month. The reforms, which affect Tier 4 of the points-based system, were announced last week.

To accompany the statement of changes in the Immigration Rules bringing the first set of changes into force from 21 April 2011, we have published:

• a statement of intent containing full details of the reforms;
• revised policy guidance for Tier 4 migrants from 21 April 2011; and
• revised guidance for Tier 4 sponsors from 21 April 2011.

The laying of the statement of changes was anounced in a written ministerial statement by Immigration Minister Damian Green.