Tier 4 student
route is
changing

17 July 2015

Substantial changes are being made to the Tier 4 student visa system in an effort to reduce net migration figures.

Many of these reforms will come into force on 12 November this year as part of a three-phase implementation plan including changes to other UK entry routes within the Points-Based System.

Despite growing concerns that these measures will have severe implications on the UK’s economy, the government hopes that these measures will go some way to achieving its goal of slashing net migration figures and discouraging the abuse of the UK’s immigration system.

Changes to Tier 4 of the Points-Based System:

Entry Clearance Start Dates

Students wishing to travel to the UK close to or after their course start date can now do so thanks to a new rule valid from 14 July and applicable to all applications for entry clearance made before this date but not yet decided. This change will allow for entry clearance for Tier 4 students to be granted from either one month before the course starts, or seven days before the intended date of arrival, whichever is later.

Removing the work rights of college students

Students attending publicly-funded colleges will no longer be allowed to work in the UK, bringing their working rights in line with those of international students attending private colleges in the UK.

New maintenance requirements

Maintenance requirements for both Tier 4 (General), their dependants and Tier 4 (Child) students will be increased.

The provision of ‘established presence’ will be removed meaning that these new maintenance requirements will apply to all students regardless of whether or not they are already living in the UK.

The list of London Borough study destinations for which international students must evidence their ability to adhere to higher maintenance requirements will be expanded.

Time Limits

The length of time which a Tier 4 (General) student may spend studying any further education course at National Qualifications Framework (NQF) levels 3-5 will be reduced from three years to two years.  This brings the maximum length of study time for a Tier 4 (General) into line with the length of time spent by most British students on such courses.

Academic progression

The academic progression requirements are being amended so that any student (excluding PhD or doctoral students) wishing to extend their Tier 4 (General) leave must be moving up a NQF level unless the course they wish to study is linked to their previous course, or the university confirms that it supports the student’s career aspirations;

Preventing the extension or switching of a Tier 4 (General) visa

All Tier 4 (General) students attending further education colleges will be prohibited from spending more than two years in further education in the UK and from extending their Tier 4 (General) visa, or switching on to another visa category within the Points-Based System.

This new rule may deeply impact many international students who are attending such colleges to complete post-graduate qualifications such as the Legal Practice Course, various courses with the Association of Chartered Certified Accountants, and the Graduate Diploma in Law.

Changes affecting Tier 4 (Child) students

Tier 4 (Child) students granted leave after the changes come into effect, along with those in the UK not sponsored by a higher education institution, will no longer be able to switch to a Tier 2 or Tier 1 (Graduate Entrepreneur) visa or to study at academies or schools maintained by a local authority.

The rules have also been changed to make it clear that the Tier 4 (Child) route is intended for use by children attending independent schools only.

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