In an important set of changes to the Immigration Rules HC 297, published on 13th July 2015, Tier 4 students were the most affected by the following changes which take effect on 12th November ’15.
University students can still switch in country into Tier 2 but not college students.
College students are hard hit by losing the ability to work in the UK, have a 2 year time limit on study in the UK and cannot switch from Tier 4 to Tier 2.
Time limits now include time granted before and after courses start and finish.
All students lose the ‘established presence’ for maintenance for extension applications and have to show academic progression.
– Maintenance requirements. The maintenance requirements for all Tier 4 (General) students to cover living costs is set at the same level as the combined maximum maintenance loan and grant available to English students living away from home. The Immigration Rules are being amended to reflect the new rates for students starting courses fom September ’15.
– The ‘established presence’ provision is being removed, so that ALL students must show they have sufficient funds to support themselves throughout the duration of their remaining study, or for up to nine months.
– The maximum amount already paid for accomodation which can be offset agasint the maintenance requirements is also being increased in line with these changes.
– The requirements for Tier 4 dependents are being increased in line with the increases for main applicants.
– Academic progression. Students who wish to extend their Tier 4 (General) leave must be moving up a level on the National Qualification Framework, unless their new course is related to their previous Tier 4 study, or the previous course and new course in combination support the applicant’s geniune career aspirations. Applicants applying to complete a PhD or other doctoral qualification may continue to study at the same level.
– Preventing college students from extending their Tier 4 (General) visa or switching to other points based system routes – Tier 4 (General) students at colleges are being prevented from extending their stay in Tier 4 or switching into any other points based route, unless they are studying at a college recognised by the Home Office as an embedded college offering pathway programmes designed to prepare students for entry to a Higher Education course.
Students at other colleges, who wish to go on to study at a UK University, may do so by applying for leave to enter outside the UK.
– Time limits. A change is being made to reduce the length of time a Tier 4 (General) student may spend studying further education courses ( courses at NQF level 3-5 equivalents) from 3 years to 2.
– The rules which specifies that the periods of leave granted before and after a course are disregarded for the purposes of calculating whether a migrant has exceeded the limits on Tier 4 study is being amended to enable this additional time to be taken into account.
– Removing work rights for students at publicly funded further education colleges. This is for new students applying to study at publicly funded further education colleges
– Entry clearance start dates. When they are granted entry clearance, migrants are issued with a temporary vignette lasting 30 days. During this period, they must enter the UK and collect their Biometric Residence Permit. A change is being made to allow entry clearance to be granted from either one month before the course starts, or seven days before the intended date of travel, whichever is the later. This change will take effect on 14th July 2015 and will apply to all applications for entry clearance or leave to enter as a Tier 4 migrant already made but not yet decided.
If you fancy some bedtime reading, here is the link to the Statement of Changes in full.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/444701/50596_hc_297.pdf
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