Visas: UK/British immigration process for students/others coming to Britain

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UK visas


Sections:	Introduction
	Vocabulary
	Points-based system
	Tier 4: Students
	Tier 5: Youth Mobility Scheme
	Tier 1: Post Study Work
	Further information
	Links

Related pages:	Croydon (go to the Home Office building in Croydon)

INTRODUCTION

This page gives some basic information about visas and immigration rules for the UK, concentrating on the rules which are relevant to international students. Rules change frequently: please refer to the official websites and check the latest requirements.

Note that if you are an EEA (European Economic Area) or Swiss national you will not need a visa to come to the UK. Nationals of Switzerland were given the same rights as EEA nationals in June 2002.

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VOCABULARY

Immigration is the process of entering the UK to stay, either for a short time or permanently.
A UK visa is a sticker placed in a passport at a UK visa office (outside the UK). The visa gives you permission to enter the UK (known as entry clearance). A visa will state the reason for your visit to the UK and how long you can stay.
An Entry Clearance Officer works at a UK visa office (outside the UK): he/she decides decides if a visa applicant qualifies for a UK visa.
An Immigration Officer works at an airport or other entry point in the UK: he/she decides decides if an arriving passenger qualifies for entry into the UK.
A visa national is a person who needs to obtain entry clearance before travelling to the UK.
A non-visa national is a person who does not require a visa for travel to the UK which is short-term (for 6 months or less).
If you are refused leave to enter, you are not given permission to come into the UK
Once you are in the UK you can apply for an extension of stay (to be able to remain longer in the UK), but not if you have a visitor visa.

A British embassy represents the UK in a foreign country (the ambassador is the most important person at the embassy).
A British consulate takes care of British people who are living abroad and supports British business.
A British High Commission represents the UK in a country which is part of the Commonwealth.
A UK diplomatic mission is a British embassy, High Commission or consulate. Many of these offer a visa service.

The Home Office is the government department which looks after the rights and laws of people living in the UK.
The UKBA (UK Border Agency) is the part of the Home Office which is responsible for immigration. Previously this was known as the IND (Immigration and Nationality Directorate) and as the BIA (Border and Immigration Agency).
The FCO (Foreign & Commonwealth Office) is the UK government department which is responsible for international relations.

The points-based system (PBS) is the name of the process currently being used for assessing applications for UK visas, divided into 5 sections known as tiers 1-5.
Tier 4 is the part of the points-based system which applies to students.
Visa applicants are usually required to create a biometric identity card, which includes a photograph of your face and an electronic scan of your ten fingerprints.

POINTS-BASED SYSTEM

A points-based system (PBS) has been introduced for UK immigration. Points are awarded to reflect the applicant's ability, experience, savings, age and other relevant factors. Employers or educational institutions will be given extra responsibility to ensure that their workers or students follow the rules of their visas, and will need to report to the Home Office the names of anyone who stops attending without permission or who is employed for more hours than are allowed.

The visa system has five sections, known as tiers:
Tier 1 - for highly skilled people without a job offer (e.g. scientists or entrepreneurs, or post-study workers)
Tier 2 - for skilled workers with a job offer (e.g. nurses, teachers, engineers) [this replaces the previous work permit schemes]
Tier 3 - for low skilled workers filling specific temporary labour shortages (e.g. construction workers for a particular project) [this tier is not available at present]
Tier 4 - for students
Tier 5 - for "youth mobility" schemes (e.g. working holiday makers, au pairs) and temporary workers (e.g. musicians coming to play a concert)

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TIER 4: STUDENTS

The UK government has announced plans to make the following changes in the student visa system (these new rules will probably be introduced in February/March 2010):
- students must show that they have reached a higher minimum level of English before coming to the UK (at present beginners can be accepted, in future the minimum level will be intermediate)
- students who are studying at below university degree level will only be able to work for up to 10 hours per week during termtime (at present they can work up to 20 hours)
- students taking a course of less than 6 months will not be able to bring dependents to the UK
- students taking a course of over 6 months at below university degree level will be able to bring dependents, but these dependents will not be allowed to work in the UK
- students can only study a course below university degree level at a school which is on a new list called the Highly Trusted Sponsors List

Note: From 22 February 2010, any student who applies to extend a UK student visa by post or at a public enquiry office (under Tier 4 of the points-based system) must possess a confirmation of acceptance for studies (CAS) from their prospective school. You will not be able to apply under Tier 4 using a visa letter from that date, even if the visa letter was issued before 22 February 2010

There are two types of student visa under the Tier 4 rules:

Adult Student [Tier 4 (General) Student]
- For full-time study (usually at least 15 hours per week of classes)
- If the study is for a qualification which is lower than a university degree, the maximum visa length is 3 years
- If the study is for a university degree or higher qualification, the maximum visa length is 4 years
- If you have this type of visa you can work part-time during term (a maximum of 20 hours per week) and full-time during your school's official holidays
- You may be able to switch into a Tier 1 (highly skilled) or Tier 2 (skilled worker) visa at the end of your studies

Child Student [Tier 4 (Child) Student]
- For students under 18 [details are not shown here]

There are also two other types of visa which may be obtained by people who wish to study in the UK, but which are not covered by the Tier 4 rules:

Student Visitor
- You can come to study in the UK for a maximum of 6 months
- Your stay in the UK cannot be extended
- No work (whether paid or unpaid) is allowed
- You may be able to apply for this visa at the airport/port where you enter the UK, but it depends on your nationality (check first with the British embassy in your country)

Prospective Student
- You need to apply for this visa before coming to the UK
- You will be given a maximum of 6 months to choose between schools which have offered places to you
- No work (whether paid or unpaid) is allowed
- You may be able to switch to a General Student visa after you have chosen your school and have obtained your Confirmation of Acceptance for Studies (CAS)

Below is a summary of the Tier 4 rules for Adult Student visas.

Summary of the main rules for Adult Student visas [Tier 4 (General) Student]

The school needs to be listed on the Register of Tier 4 Sponsors. If the Home Office removes a school from this register the school will not be able to recruit any new international students from outside the EU (so it may close).
Each school on the register is given either an 'A rating' or a 'B rating'. If it has a 'B rating' the Home Office believes that the school needs to improve its systems or procedures in order to comply fully with the immigration rules (there is therefore a risk that a school with a 'B rating' may be removed from the register in future if it fails to make these changes).
The current register can be checked using this link: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/registerofsponsorseducation
[if this link is not working, check this page instead: http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/registerofsponsors]

A school, college or university can only appear on the Register of Tier 4 Sponsors if the quality of its education and facilities has been checked by an approved accreditation agency:
- Ofsted (Office for Standards in Education, Children's Services and Skills): accredits schools/colleges/universities which are paid for using UK government money (where many British students will also be studying). See: http://www.ofsted.gov.uk
- British Council (through Accreditation UK): accredits most English language schools. See: http://www.britishcouncil.org/it/accreditation-az-list.htm
- Accreditation Body for Language Services (ABLS): accredits some English language schools. See: http://www.ablsaccreditation.co.uk/schoolaccinfo.asp
- BAC (the British Accreditation Council): accredits most private schools which do not mainly teach English language courses. See: http://www.the-bac.org/colleges/directory/ukdirectc.pl
- ASIC (the Accreditation Service for International Colleges): accredits some private schools which do not mainly teach English language courses. See: http://www.asic.org.uk/collegedirectoryUK.htm

Course level and type
Your course must be at a certain level (for lower level courses you can only apply for a Student Visitor visa):
- For English courses it must be at least at "pre-intermediate" level (the easiest of the 5 Cambridge ESOL exams, the Key English Test (KET), is at this level)
[The formal requirement is that it is at Level A2 or above in the Common European Framework of Reference for Languages: http://www.coe.int/T/DG4/Portfolio/?L=E&M=/main_pages/levels.html]
- For non-English courses it must be at least at the level studied at British schools after the age of 16 (for example: A Levels, AS Levels, Scottish Highers, NVQs, university level).
[The formal requirement is that it is at Level 3 or above in the National Qualifications Framework: http://www.qca.org.uk/14-19/qualifications/116_brief-guides-level-3.htm]
- If a course includes job placements, at least 50% of the course must be study, and a maximum 50% can be work

Money
You will need to show that you have enough money available to cover either the full length of the course (for courses which last under 9 months) or which cover the first year of a course which is for more than 9 months. The minimum amount of money you need is enough for:
- any unpaid tuition/course fees for the first year of study, plus the following maintenance funds (this is the money you need for your living expenses):
- if you are studying in London: maintenance funds of £800 per month. Usually you need to show maintenance funds for a maximum of 9 months (ie £7,200 for a course of 9 months or more), but if in the past four months you have completed a course of study in the United Kingdom that was at least six months long you only need to show maintenance funds for a maximum of 2 months (ie £1,600 for a course of 2 months or more). In addition you need maintenance funds of £535 per month for each dependent (usually a husband, wife or child) you bring with you to the UK. You are studying in "London" if at least half of your study time is in one of these boroughs (the white area in the map below): Camden, City of London, Hackney, Hammersmith and Fulham, Haringey, Islington, Kensington and Chelsea, Lambeth, Lewisham, Newham, Southwark, Tower Hamlets, Wandsworth, Westminster.
- if you are studying in London: maintenance funds of £600 per month. Usually you need to show maintenance funds for a maximum of 9 months (ie £5,400 for a course of 9 months or more), but if in the past four months you have completed a course of study in the United Kingdom that was at least six months long you only need to show maintenance funds for a maximum of 2 months (ie £1,200 for a course of 2 months or more). In addition you need maintenance funds of £400 per month for each dependent (usually a husband, wife or child) you bring with you to the UK.
You will need to show that you have the necessary amount of money in your account during a 28 day period before you make your application (the money must be in your current account or savings account, but not in investments). Your account balance must have been above the necessary level on every single day during that 28 day period.

Visa application process

In general the application process requires the following:
- You will need to complete an application form.
- You will need to supply your passport and various original documents (official translations may be required if these are not written in English)
- You may need to give your biometrics (a face image and a scan of your fingerprints) and have an identity card issued (see the UK Border Agency website page: http://www.ukba.homeoffice.gov.uk/studyingintheuk/adult-students)
- You will need to obtain a Confirmation of Acceptance for Studies (CAS) from your school. This is a reference number which links to an entry in an electronic database, containing details about you and your course (before 21 February 2010 this information could be given by providing a visa letter supplied by the school).
- You will need to pay a student visa application fee

If you are outside the UK and wish to apply for a student visa:
- Go to the UK Visas website page: http://www.ukvisas.gov.uk/en/doineedvisa. Answer the questions and it will direct you to the appropriate forms and websites
- Guidance notes are available from this page: http://www.ukvisas.gov.uk/en/howtoapply/infs/inf29pbsstudent
- Online visa applications can be made in most countries. For the websites to use, see: http://www.visa4uk.fco.gov.uk/CountrySupport.aspx

If you are already in the UK and wish to apply for a student visa extension,
- Go to this page of the UK Border Agency website: http://www.ukba.homeoffice.gov.uk/studyingintheuk/adult-students
On the right-hand side of this page you can find links to the following documents:
- Tier 4 (general) application form
- Help text leaflet for Tier 4 (general) application form
- Guidance for students applying under tier 4 of the points-based system
- Photo guidance (the photos which you supply with your application must follow this guidance)
You should apply before the expiry date of your current visa. The new course must start no more than 1 month after the expiry date of your previous visa. The application can be made either by post (the cheapest way) or in person at a . If you apply by post you will be able to remain in the UK until a decision is made, even if this is after the expiry date of your current visa.
You may need to give your "biometrics" (a face image and a scan of your fingerprints) and have an identity card issued. If so, you will need to make an appointment to go to one of the Home Office's public enquiry offices or to another centre where the biometrics can be taken. See: http://www.ukba.homeoffice.gov.uk/contact/contactspage/biometricenrolment
If your application is not valid and is returned to you (for example because of a problem with your photos or with your payment) the application date will be changed to the date when you re-submit, so you need to check to make sure that all of the documentation is up-to-date before sending it back.

Attendance reporting
Your school will check if you are attending classes, and must report you to the Home Office's UK Border Agency if you are not going to school (you will be reported after an unauthorised absence of two weeks, or 10 missed "contact points")

Changing courses or schools while in the UK
- You can change course at the same school provided that you are still studying full-time for the same length of time - your school should inform the Home Office about the change.
- You can take an additional course at a different school (for example an evening class), as long as you still continue to attend the school and full-time course for which you obtained your visa.
- If you wish to change your school and your previous visa application date was on or after 5 October 2009, you will need to obtain a Confirmation of Acceptance for Studies (CAS) from your new school and to inform the Home Office's UK Border Agency before you change.
- If you wish to change your school and your previous visa application date was before 5 October 2009, you will need to obtain written permission from the Home Office. This is done by sending an email to migrantreporting@ukba.gsi.gov.uk including your name/address/contact details, your visa reference number and expiry date, the name of the new course, the start and end dates of the new course, and the name/address/contact details for the new school (which must be on the Register of Tier 4 Sponsors - see above).
- If a new course finishes after your current visa expires, you will need to apply for an extension.
For full details see the guidance notes: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/Tier4migrantguidance.pdf

Under Tier 4 rules your course is "in London" if the majority of your study
(more than 50% of your study time) is in the boroughs shown in white above

These quick guides have been prepared by the UK Border Agency:
- Applying for an adult student visa
- Extending an adult student visa
- Course to prepare for study
A series of short videos have been produced (in a variety of languages) which explain the application process for students. See: Prepare/Visa/Student

The rules and application forms may change at any time, so make sure that you check details on official websites or seek advice if necessary.
Guidance notes for Tier 4 applications: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/Tier4migrantguidance.pdf
The formal statement of the current UK immigration rules: http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part6a

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TIER 5: YOUTH MOBILITY SCHEME

Since November 2008 it has no longer be possible to make applications under the former working holidaymaker, au pair, BUNAC or Japan Youth Exchange schemes.
Instead, applications (from people outside the UK) can be made under Tier 5 [Youth Mobility Scheme] of the new points-based system.
You must be from one of the countries which is a member of the Youth Mobility Scheme. In February 2010 these countries were: Australia, New Zealand, Canada and Japan
(more countries may participate in the scheme at a later date).
You must be over 18 and under 31 on the date of application.
Each country has an annual limit to the number of youth mobility scheme places - visas will not be issued after this limit has been reached.
Visas will generally be for 2 years and cannot be extended.
Applicants need to show that they have at least a minimum amount of money in their personal bank account at the date of application.
Most types of work or study in the UK are permitted (including voluntary work or working as an au pair).
For full details, see: http://www.ukba.homeoffice.gov.uk/workingintheuk/tier5/youthmobilityscheme

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TIER 1: POST-STUDY WORK

Tier 1 [Post Study Work] has replaced previous schemes such as the International Graduates Scheme (IGS), the Science and Engineering Graduates Scheme (SEGS) and the Fresh Talent: Working in Scotland Scheme.
The new type of visa (introduced on 30 June 2008) allows students who have successfully obtained a degree or postgraduate certificate/diploma in the UK to remain and work for up to 2 years.
For full details, see: http://www.bia.homeoffice.gov.uk/workingintheuk/tier1/poststudy
For further guidance see the UKCISA guidance note: http://www.ukcisa.org.uk/student/working_after.php

Tier 1 [General] has replaced the Highly Skilled Migrant Programme, for skilled workers who wish to work in the UK.
This may be applicable to students with postgraduate degrees and previous well-paid work experience.
For full details, see: http://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/general

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FURTHER INFORMATION

Further information or advice about UK visas is available from these sources:
- The UK Visas website provides information on visa requirements and how to apply for a visa before coming to the UK: http://www.ukvisas.gov.uk.
- The Home Office's UK Border Agency (UKBA) website provides immigration information for people already in the UK: http://www.ukba.homeoffice.gov.uk.
- Your school, college or university may have an international student adviser who may be able to help you, and may have immigration-related information on its website.
- UKCISA produce a series of guidance notes for students about immigration: http://www.ukcisa.org.uk/student/information_sheets.php.
- Your local Citizens Advice Bureau may be able to provide advice if you have an immigration-related problem (see: Personal/Advice).
- You can contact an UK immigration adviser, who may charge you a fee. Advisers need to be registered with the Office of the Immigration Services Commissioner (OISC). A list of registered members is at: http://www.oisc.gov.uk
- The Immigration Advisory Services (IAS): http://www.iasuk.org.

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LINKS

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