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


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< Up	Prepare / Visa
How to find advice about British immigration issues


Sections:	Introduction
	Vocabulary
	Getting advice
	Visa application
	Register of Education & Training Providers
	Entering the UK
	Passport stamp / sticker
	Student visa extension
	Changing your course
	Problems
	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. Rules change frequently: please refer to the official websites and check the latest requirements before coming to the UK or before going to an immigration office in Britain.

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FEES

New UK visa fees were introduced on 1 April 2007. Some of the new charges are shown below:

Class	Type of application	New fee
Visitor	entry clearance (application in home country)	£63
Student	entry clearance (application in home country)	£99
	leave to remain (postal application in the UK)	£295
	leave to remain (personal application in the UK)	£500
SEGS/Fresh Talent	entry clearance (application in home country)	£200
	leave to remain (postal application in the UK)	£395
	leave to remain (personal application in the UK)	£595
Highly Skilled Migrant Programme	application fee	£400
	entry clearance (application in home country)	£200
	leave to remain (postal application in the UK)	£350
Work permit	application fee	£190
	entry clearance (application in home country)	£200
	leave to remain (postal application in the UK)	£350
	leave to remain (personal application in the UK)	£550
Worker Registration Scheme	application fee	£90
Settlement	entry clearance (application in home country)	£500
	indefinite leave to remain (postal application in the UK)	£750
	indefinite leave to remain (personal application in the UK)	£950

POINTS-BASED SYSTEM

A new points-based system (PBS) for UK immigration will be introduced during 2008 and 2009. Points will be awarded to reflect the person's ability, experience and age. The system will also take account of whether there is a shortage of workers within a sector of the UK economy. Employers or educational institutions will be given extra responsibility to ensure that their workers or students follow the rules of their visas.

The existing work and study routes will be brought together under five tiers:
Tier 1 - highly skilled (e.g. scientists or entrepreneurs)
Tier 2 - skilled workers with a job offer (e.g. nurses, teachers, engineers)
Tier 3 - low skilled workers filling specific temporary labour shortages (e.g. construction workers for a particular project)
Tier 4 - students
Tier 5 - youth mobility and temporary workers (e.g. working holiday makers or musicians coming to play a concert)

The expected dates of introduction of the points-based system are as follows:
Tier 1 - start of 2008
Tier 2 - third quarter of 2008
Tier 3 - (to be announced)
Tier 4 - start of 2009
Tier 5 - third quarter of 2008

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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.
Some of the types of visa are known informally as a tourist visa, a student visa, an au pair visa, and a working holiday visa.
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 most 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) or for a variation of leave to enter (a change to your reason for being in the UK (for example from a working holidaymaker to a work permit holder). In general people who are admitted as visitors are not allowed to extend or change their stays.

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 England and Wales.
The Border and Immigration Agency is the part of the Home Office which is responsible for immigration. Previously this was known as the IND (Immigration and Nationality Directorate).
The FCO (Foreign & Commonwealth Office) is the UK government department which is responsible for international relations.

The DfES (Department for Education and Skills) is the UK government department which is responsible for education and training in the UK. It is responsible for the Register of Education and Training Providers ("the Register"). From January 2005, you can only obtain immigration permission (visa, entry clearance or leave to remain) as a student in the UK if the school/college/university is included in this Register.

GETTING ADVICE

- How can I obtain advice about applying for a visa or other immigration issues?

Free and confidential advice about applying for a UK visa 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 Border and Immigration Agency (BIA) website provides immigration information for people already in the UK: http://www.ukba.homeoffice.gov.uk.
- You can contact the Immigration Advisory Services (IAS): http://www.iasuk.org.
- UKCISA produce guidance notes for students on "Immigration procedures after arrival in the UK": http://www.ukcisa.org.uk/student/information_sheets.php.
- Your school, college or university may have an international student adviser who may be able to help you.
- Your local Citizens Advice Bureau may be able to provide advice (see: Personal/Advice).

People who provide immigration advice 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

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VISA APPLICATION

- What are the visa rules if I am an EEA or Swiss national?

If you are an EEA (European Economic Area) or Swiss national you will not need a visa to come to the UK, because you have the right to live and work in the UK provided that you do not require the help of public money. Nationals of Switzerland were given the same rights as EEA nationals in June 2002.

The UK Visas website has more information for EEA and Swiss Nationals: http://www.ukvisas.gov.uk. Choose Application forms from the top menu, scroll down the page to the Guidance Notes section and then click on EEA & Swiss Nationals (INF 18).

UKCISA produce guidance notes on "EEA students": http://www.ukcisa.org.uk/student/information_sheets.php.

- I am not in the UK at the moment, and am not from the EEA or Switzerland. What are the visa rules?
Immigration rules change frequently, so make sure you check before you leave your country.

For advice on immigration applications, you can contact the British embassy, British High Commission or British consulate in your country. To find their websites, choose Links then select your region and country. You can also find addresses from the Foreign & Commonwealth Office's website: http://www.fco.gov.uk/embassies.

The UK Visas website has a questionnaire which you can use to find out if you need a visa before coming to the UK: http://www.ukvisas.gov.uk/doineedavisa. If you need a visa, this site lists which forms you need to complete, provides electronic copies of these forms (you can print them and use these for your application), and tells you where you need to apply. Depending on where you apply, you may be able to apply in person, by post, through a courier, or online. Check very carefully that you provide all of the necessary documents. You will have to pay an application fee (in your local currency). Note that it can take several weeks to obtain a visa. You may need to travel to your nearest UK Visas office for an interview and to give biometric data (your fingerprints may be scanned, and a digital photograph of your face may be taken).

UKCISA produce guidance notes on "Immigration procedures before leaving your country": http://www.ukcisa.org.uk/student/information_sheets.php.

- I am in the UK at the moment, and am not from the EEA or Switzerland. How can I extend my visa?

See the section: Visa extension.

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REGISTER OF EDUCATION & TRAINING PROVIDERS

From January 2005 the Home Office only gives immigration permission (visas, entry clearance and leave to remain) to students if the place of study is on the Register of Education and Training Providers. This list has been created the UK government’s Department for Innovation, Universities and Skills (formerly known as the Department for Education and Skills or DfES). See: http://www.dfes.gov.uk/providersregister.

It is important that you check whether the school/college/university where you want to study is in the Register before you make your immigration application. If it is not in the Register, your application will be refused. You need to be particularly careful about checking this if you are applying to study English at a private language school, or computing at a private computer school, especially those which charge low fees.

Each school only has one entry on the register even if it has more than one centre, so make sure that you check the school's main head office address.

Note that just because a school is on the register it does not mean that the quality of the school has been checked. You can have more confidence in a school that has been accredited by a recognised agency (for example, if an English language school has been accredited by the British Council). For information about bogus schools, colleges and universities (bogus means "false, not real or not legal"), see: Course/Bogus-Schools

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ENTERING THE UK

When you enter the UK (for example, at a port or airport) you will have to go through immigration controls. If you have to join a queue, you will be asked to remain behind a line before you go to see the immigration officer, so that the other visitors can have some privacy while they are being interviewed.

The immigration process is usually simple if you have a passport from a country in the EU (European Union) or in the EEA (European Economic Area) or Switzerland. If you come from another part of the world, you may be asked a lot of questions or be asked to provide some official documents. You may feel that the questions you are asked are personal, but you should try to be helpful. Some of the questions which are often asked are:
- What is your reason for coming to the UK?
- Are you intending to work in the UK?
- How much money do you have? You may be asked to show your cash, travellers' cheques or bank account statements to prove you have enough money.
- Where will you be living?
- Do you have any known medical problems?

If you are refused entry, try to remain calm and do not get angry with the immigration officer - remember that this person is doing his or her job. Some of the reasons the immigration officer may not allow you into the UK are:
- You do not have enough money to live here without receiving public money.
- It is believed that you are coming to the UK to work illegally.
- You needed a visa before coming to the UK from your country, but you haven't got one (make sure that you check before travelling).
- You are breaking the conditions of your visa.
- A doctor believes you may be carrying a disease which you may spread to other people.
- You have a known medical problem and the officer believes that you are coming to the UK to use the British public health service.

You may be asked to have a health check or x-ray before you can enter the UK. If you are a woman, you may be asked if you are pregnant. You may be asked to have a personal examination by a doctor - this may involve taking off some or all of your clothing. It is usually best to do what you are asked, but make it clear as soon as possible if you are asked to do something which you cannot accept for personal or religious reasons.

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PASSPORT STAMP / STICKER

- What does my passport stamp mean?

Check the stamp in your passport as soon as it has been issued. Make sure that you understand what it means. The language which is used is often complicated.
If you think that a mistake has been made, tell the immigration officer politely.

Some of the phrases you may find on your passport stamp are explained below:

Leave to enter is permission to come into the UK ("leave" means "permission" in this case)
Leave to remain is permission to stay in the UK
The holder is the owner of the passport
To enter employment means to get a job
The Secretary of State for Employment is the head of the government department which is responsible for jobs
The Secretary of State for the Home Department is the head of the Home Office (a government department)
Without recourse to public funds means without receiving money (welfare benefits) from the British government

Your passport stamp will tell you how long you can stay in the UK; for example: "leave to enter until …".

Your passport stamp will tell you if you need to register with the police soon after you have entered the UK. For example, it may say: "the holder is required to register at once with the police". Information about how to register with the police is shown in Prepare/Arrival.

Your passport stamp will also tell you if can work.
If you cannot work it might say: "leave to enter … on condition that the holder … does not enter employment paid or unpaid" or "no work".
If you can work, but only under the rules for students, it may say something like "leave to enter … on condition that the holder does not enter or change employment paid or unpaid without the consent of the Secretary of State for Employment" or "work (and any changes) must be authorised".

Visitor visa

The visa above is an example of a visitor visa, also known as a tourist visa. It was issued by an immigration officer at Gatwick airport. This woman was coming to the UK to take an English language school course which lasted 3 months.
"Leave to enter for six months": she can stay for up to 6 months after the date stamped in the passport (since the stamp reads 12 July 2003, she must leave on or before 11 January 2004).
"Employment and recourse to public funds prohibited": she is not allowed to work in the UK ("employment ... prohibited") and she is not allowed to apply for any money from the British government to help her to pay for her living costs ("recourse to public funds prohibited").
In this case, the immigration officer has written the letters "STS" as a note of the fact that this person was coming as a short-term student.

Student visa (sticker)

The visa above is a student visa. This sticker was placed in this person's passport after he applied for a visa at the embassy in his home country (Japan), before he came to the UK. The details shown are:
Place of issue: Tokyo
Number of entries: Mult. This is an abbreviation of the word "multiple": it means that he is allowed to leave the UK and then enter the UK again as many times as he wants during the validity period of the visa.
Type: Student. This shows that this is a student visa.
Name: The student's name
Passport No: The student's passport number
Others:
"No recourse to public funds": He is not allowed to apply for any money from the British government to help her to pay for his living costs.
"Work (and any changes) must be authorised": the British Government has authorised (given permission to) people holding student visas to work part-time in the UK. This student can take a job provided that he follows the rules about the maximum number of hours he is allowed to work.
Valid from: 9 January 2004. This is the first possible date when he can enter the UK; note that the date system used is day/month/year. The stamp on the visa shows that he actually entered the UK on 10 January 2004.
Valid until: 19 September 2004. He must leave the UK before this date - unless he has obtained (or is in the process of applying for) a visa extension.

Visa extension

The above stamp is an example of a student visa extension. It was issued by the Home Office's Immigration and Nationality Department (IND) on 19 February 2004. It reads as follows:
"Leave to remain in the United Kingdom, on condition that the holder maintains and accommodates himself and any dependents without recourse to public funds, does not enter or change employment paid or unpaid without the consent of the Secretary of State for Employment and does not engage in any business or profession without the consent of the Secretary of State for the Home Department is hereby given until 30 March 2005" (signed on behalf of the Secretary of State and the Home Office, date: 19 February 2004)
This student can stay in the UK until 30 March 2005. She can work part-time provided that the rules about working hours are followed. She is not allowed to apply for any money from the British government to help her to pay for her living costs. Note that the stamp uses the word "himself", but that this applies to either a man or a woman.

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STUDENT VISA EXTENSION

From September 2004 the maximum time someone can stay in the UK to do successive short courses (under 1 year) below degree level is two years. For example, it will not be possible to obtain a visa extension for studying at a language school beyond two years.
The Home Office rules are shown here: http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3
A "degree level" course is defined as "a course which leads to a recognised United Kingdom degree at bachelor's level or above, or an equivalent qualification at level 6 or above of the National Qualifications Framework, or levels 9 or above of the Scottish Credit and Qualifications Framework.". For information about the levels of the National Qualifications Framework, see the National Database of Accredited Qualifications website: http://www.accreditedqualifications.org.uk.

- Required documents

The rules about extending your stay in the UK are shown on the Immigration and Nationality Directorate (IND) website at http://www.ukba.homeoffice.gov.uk/studyingintheuk/extendingstaytostudy.
You normally have to complete one of two forms. The forms sometimes change: make sure that you check that you are using the correct form (the last valid date may be shown on the front page).
The form FLR(S) ("Further Leave to Remain - as a Student") can be used if you are currently a full-time student in the UK and wish to extend your stay as a full-time student. See: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/flr(s)
The form FLR(O) ("Further Leave to Remain - for Other reasons") needs to be used instead in many other circumstances. See: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/flr(o)
Guidance notes on how to complete the form FLR(S) ("How to complete the Home Office student application form") are provided by UKCISA at: http://www.ukcisa.org.uk/student/information_sheets.php. You can ask for advice about immigration from the international student adviser at your school, college or university. You can also get advice on completing the forms by telephoning the Immigration and Nationality Enquiry Bureau on 0870 606 7766.

Details of the documents you need to provide with your application form are given in the application forms. These are some of the documents which you should bring with you:
- Your passport
- Your police registration certificate, if the stamp in your passport states you need to have one
- A letter from your current school proving that you have attended your classes
- A letter from your future school, confirming that you have been accepted on a course of study and showing the fees and how much you have already paid
- Proof that you have enough money to finish your course. Original bank statements, passbooks or wage slips need to be supplied covering the last 3 months. Photocopies are not allowed, unless they have been certified by the bank or building society.

- Ways of applying

Note that since November 2003 it is not possible to apply for a student visa extension when you enter the UK. If you apply for leave to enter at an airport or sea port, you will be given a maximum of 6 months and will be asked to apply to the IND for a UK Residence Permit if you intend to stay longer than 6 months.

The two ways of applying for a student visa extension are:

(1) Applying by post

From 1 April 2007 the fee for postal applications for "leave to remain" is £295 for students (previously £250).
If you are applying by post, always pay to use a recorded delivery service (see: Life/Post) and keep a note of the reference number you are given. Documents need to be sent to the address shown on the application form. The completed form and the required documents must be sent before the expiry date of your visa.

You will not have your passport until your application has been completed. You may prefer to apply directly at an immigration office instead (see below) if this is inconvenient: for example, if you need to go abroad for some reason, if you want to cash travellers cheques, or if you need to prove your identity for an exam. If you need your passport to be returned for some reason (for example, if you need to return home because of illness or for a funeral), it may take a couple of weeks for IND to locate it and send it back to you: you may be able to obtain it more quickly by visiting the public enquiry office directly, but remember to take the reference number of your recorded delivery so that they will be able to locate it (see: Prepare/Croydon).

You may want to ask your school for guidance about the visa extension process. Some schools organise a "batch scheme" which allows them to send several applications together at the same (this may be a safer and more efficient process), and some will look through your form to make sure that you haven't made any obvious errors.

Note: It is very important to make sure that you apply "in time" (before the expiry date of your visa). If you do not you are known as an "overstayer" and there is a high probability that when you apply to extend your stay you will be refused. Check the forms carefully before you send them. Note also that your application is not valid unless payment is made. For these reasons it is better to apply several weeks (eg 1 month) before the expiry date of your visa, not just before the expiry date.

Some students have had problems when paying the fee by credit or debit card. For example:
- an incorrect number may have been copied by the student or by the person processing the application
- the card company may not make the payment for some reason (eg your card has expired, you have gone above your allowed credit limit, the payment amount looks suspicious, your wallet is lost or stolen and need to cancel your card)
If your payment is refused and you do not make a new application before the expiry date of your visa, you may find that your application is refused because it is too late.
For these reasons it may be better to pay by using a "postal order".

(2) Going to the immigration office (a Public Enquiry Office)

From 1 April 2007 the fee for personal applications (the premium service) is £500.
For further information about visiting one of the Home Office's public enquiry offices, see: Prepare/Croydon.
Note that normally you must make an appointment before going to an immigration office. Make sure that you check that you have all of the correct documents and that you know how you can pay the fee when you are there.

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CHANGING YOUR COURSE

- What do I do if I have a student visa but my school closes or I want to change my school?

If you already hold a student visa you can change your course or university as long as the new course still meets the immigration requirements. It must be:
* full time course
* 15 hours per week daytime study
* studying towards a recognised qualification
* studying at a recognised institution.
You need to advise the Home Office of this change in writing to:
Student Task Force, Whitgift Centre, Block B, 3rd Floor West, Croydon CR9 1AT

[Note: the procedures for changing course will be different after the points-based system has been introduced]

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PROBLEMS

- What do I do if I am refused a visa/entry clearance, or refused leave to enter the UK?

If you are coming to the UK as a student and you are not given a visa / entry clearance or leave to enter the UK, contact your UK school for help as soon as possible. If you need further information you may wish to contact UKCISA (see: Personal/Advice) or the nearest office of the British Council.

- What do I do if I am in the UK and my passport is about to expire?

Your government will require you to renew your passport regularly (for example, every 5 or 10 years), so check the expiry date carefully. If your passport is about to expire while you are in the UK, contact your country's embassy or high commission in the UK (for contact details, see: Links and choose your country). You should keep the old passport, as you may need to show both your old and new passports to British immigration officers.

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LINKS

* Search this website (www.ukstudentlife.com) or the web: