Student Visas
STUDENT VISAS
Their are 3 types of student visas you can apply under, they are:
Tier 4 General visa| Tier 4 Child visa | Short-term visa
These 3 visa types have specific immigration rules associated to them so you need to ensure you meet these visa guidelines and check if you have to apply outside or within the UK
You also need to make sure the training institute has a valid sponsor licence
This page will explain UK studies, types of study visas and how you can use English study visas to apply to live in the UK with a UK settled person
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Tier 4 General Student Visa
What is a tier 4 child visa, who can apply for it and does the child need sponsorship?
You need to be studying under one of the following or your visa could be refused unless the education institution confirms otherwise:
- a full-time course of study that leads to a qualification at Level 6; or
- above the Regulated Qualifications Framework (RQF) or its equivalents; or
- a part-time course of study that leads to a qualification at RQF level 7 or above or its equivalent at a UK HEI; or
- an overseas course of degree level study that is recognised as being equivalent to a UK Higher education course and is being provided by an overseas HEI; or
- a full time course involving a minimum of 15 hours per week organised daytime study (daytime study is 8am - 6pm, Monday to Friday) and (except in the case of a pre-sessional course) that leads to a qualification below degree level, but which must be at a minimum of RQF Level 3 or its equivalent; or
- undertaking a recognised Foundation Programme as a postgraduate doctor or dentist in the UK; or
- undertaking work as a Student Union Sabbatical Officer at your Tier 4 sponsoring institution or at the National Union of Students.
There are other guidelines in place if you plan to study as:
- Academic Progression
- Postgraduate doctors and dentists
- Student Union Sabbatical Officer
- Doctorate Extension Scheme
Studying at degree level (RQF 6/SCQF 9 or above)
If your sponsor is HEI, they are authorised to assess your level of English, but you must be proficient to B2 on the Common European Framework of Reference for languages (CEFR) in each of the four components (speaking, listening, reading and writing) unless you are exempt from being proficient in a component because of a disability. If your sponsor is not an HEI, you must demonstrate your level B2 English language competence by providing a recent secure English language test (SELT) from one of our approved test providers.
What are the acceptable levels of courses that a Tier 4 (General) Student can do?
These are your options:
- Approved at level 3 or above on the Regulated Qualifications Framework (RQF) in England, Wales and Northern Ireland; or
- Accredited at level 6 or above in the Scottish Credit and Qualifications Framework (SCQF) by the Scottish Qualifications Authority (SQA); or
- A short-term study abroad programme in the UK as part of the Tier 4 (General) student’s qualification at an overseas Higher Education Institution, as long as the qualification is confirmed as being at the same level as a UK degree by UK NARIC or
- An English language course at level B2 or above of the Common European Framework of Reference for Languages.
If you are studying with a Probationary Sponsor, then you can obtain a CAS for a course that leads to an approved qualification for Home Office purposes which is:
- RQF Level 4 in England, Wales and Northern Ireland.
- RQF Level 3 or above (aged under aged of 18 in England, Wales and Northern Ireland.
- Accredited at level 7 or above in the SCQF by the SQA.
- Accredited at level 6 or above in the in the SCQF by the SQA if you are under the age of 18.
A
short-term study abroad programme in the
UK As part of the Tier 4 (General) student’s qualification at an overseas Higher Education Institution, as long as the qualification is confirmed as being at the same level as a UK degree by UK NARIC.
Applying under tier 4 general can be complex and in most cases your UK education institution will advise you if you comply to study in the UK. If you need to apply for your visa or help in liaising with the education institution we can assist you with this.
Tier 4 Child Student Visa
What is a tier 4 child visa, who can apply for it and does the child need sponsorship?
To apply for this visa you must be a non-EEA national or from Switzerland, aged between 4-17 at the time of the application.
Children are categorised into two categories 4-16 and 16-17. The children must be this age at the time of the application to fall into one of these 2 children sub-categories.
Children aged 4-16 can accept course lengths up to 6 years plus 4 months afterwards, whereas
children aged 16-17 can accept course length up to 3 years plus 4 months afterwards.
The child must study in a UK independent school and comply to these:
- secured a course of studies and
- parent or legal guardian consent
and
- enough funds to support your course and UK living costs and
The child course should be in line with:
- The national curriculum or
- the Regulated Qualifications Framework (RQF) or
- independent school education inspection standards.
The child may also be accepted to doing a course at a same academic level by:
- Office for Standards in Education (Ofsted)
or
- HM Inspectorate of Education (in Scotland)
or
- Estyn (in Wales)
or
- Education and Training Inspectorate (in Northern Ireland)
or
- Independent Schools Inspectorate.
The child will need to be issued a CAS. This is a virtual document and the approved training establishment will confirm in the CAS the course details, course fees etc.
VISA PROCESSING TIME
You need to apply online and from outside the UK and you should get a decision from the Home Office in about 3 weeks. You must apply for the visa within 3 months of your start course date.
HOW DO I APPLY FOR THIS VISA?
The parent or legal guardian of the child must first apply online for an entry
visa.
If the visa needs to be extended, this can be done whilst in the UK.
What can the child DO and CANNOT DO once their tier 4 student visa is approved?
If the child visa is approved, the following rules applies:
- can study at an independent school permitted to work, if the child is 16 or over, they can also:
- work part-time during term for up to 10 hours per week and
- work full-time during vacations and
- work on a work placement as part of your course, (but not for more than 50% of your course time) and
- become a student union sabbatical officer for up to 2 years.
The child cannot:
- study at an further education college or academy, a local authority-funded school (also known as a maintained school) or
- apply and obtain get public funds or
- become employed on a full-time permanent job or work for yourself as self-employed or
- accept and work as a doctor or dentist in training or
- work as a professional sportsperson (for example a sports coach) or entertainer or
- settle in the UK on this visa.
Guidance on bringing family members (‘dependants’) to the UK
If the child's parents or legal guardian wants to accompany the child to the UK, they will need to apply for a Parent of a Tier 4 (Child) visa which is a separate visa application into the UK.
Click here to learn more.
Parent of a Tier 4 Child Visa
Who can apply for a parent of a Tier 4 student child?
You can only apply for this visa if you agree to the following:
- you can prove you are a non-European Economic Area (EEA) or Switzerland national and
- the child attends an independent fee-paying day school in the UK and
- can support your UK stay with any dependents without need of UK public funds and
- maintain a second home outside the UK and
- agree to leave the UK when your visit visa expires and
- demonstrate you can afford your return trip when your visa expires.
When you apply for this visa, the child must be aged 4-11 years of age, if aged 12 or older, you need to apply under a different visa route.
The child must be studying at or about to start studying at an independent fee-paying day school in the UK and have a valid tier 4 child visa
or be in the category of 'Students' in the UK under the immigration rules in place before 31 March 2009’.
Switching from Tier 4 into Tier 2 Visa
Can I switch from my Tier 4 visa into a Tier 2 visa?
If you are already in the UK on a student visa and you are looking to find a full-time job in tier 2, you can switch whilst in the UK if you comply to the switching guidelines. If you are still on your first student visa and yet to complete your course of studies, you cannot switch.
Your Tier 4 sponsor must be either:
- a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
- an overseas higher education institution, and were sponsored to undertake a short-term study abroad programme in the UK plus have to comply to one of these:
- a UK recognised bachelor’s or master’s degree or
- Postgraduate Certificate in Education or
- Professional Graduate Diploma of Education or
- have completed a minimum of 12 months’ study in the UK towards a UK PhD during your current period of leave or a period of continuous leave* which includes your last grant of leave; and
- you studied for the eligible award at a UK institution that is a UK recognised or listed body, or an education provider which holds a licence for sponsoring students under Tier 4 of the Points-Based System; and
- your periods of UK study and/or research towards your course ‘have been undertaken whilst you had entry clearance, leave to enter or leave to remain in the UK that was not subject to a restriction preventing you from undertaking it; and
- if you undertook the study for the qualification whilst holding leave as a Tier 4 student, you have undertaken the study at the institution which is the Tier 4 sponsor, and not through supplementary study.
*A period of continuous
leave includes grants of leave where you applied within 14 days of your previous
leave expiring and we consider that there is an acceptable reason beyond your/your representative’s
control which prevented an in-time application and/or following the refusal of a previous application for
leave which was made in-time or to which the exception outlined above applied, and within 14 days of:
- the refusal of the previous application for leave; or
- the expiry of any leave which has been extended by section 3C of the Immigration Act 1971; or
- the expiry of the time limit for making an in-time application for administrative review or appeal(where applicable); or
- any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.
This may also include includes grants
of entry clearance under the Immigration Rules
in place before
24
November 2016 where
you applied no more
than 28 days after
your previous leave lapsed
and/or
any periods
of
overstaying in the
UK of no more than 28 days.
A period of continuous leave
also includes any time spent in the Isle
of Man or the Channel Islands with valid leave in an equivalent
category to those listed in
the switching table above.
What evidence do I need to be able to switch?
You must be able to obtain original evidence of your studies and this will include your certificate of qualification and this official document confirming your name, the course title and award, your course duration, date you completed the course, confirmed you sat all exams and presented all academic papers (not required if studying at PhD level).
PhD Compliance
If your studies in the UK is under PhD and you have yet to complete your studies, you can switch into tier 2 but you must obtain a letter from your education institute confirming your name, the course is at PhD level, your attendance record, completed 12 months of studies, how you performed to date because if the Home Office suspects you are not genuinely studying, they could refuse your visa into tier 2.
Did you know?
If you switched into Tier 2 General, Tier 2 Minister of Religion or Tier 2 Sportsperson the UK employer does not have to advertise your job vacancy for 28 days (known as the Resident Labour Market Test). If you switch from Tier 4 to Tier 2, you can be employed under a lesser salary for the first 3 years (known as 'Entrant' salary) which is designed to help UK employers afford to pay graduates.
You must have completed a course leading to a UK recognised bachelor’s or master’s degree, Postgraduate Certificate in Education or Professional Graduate Diploma of Education or have completed a minimum of 12 months’ study in the UK towards a UK PhD during your current period of leave or a period of continuous leave which includes your last grant of leave; and
- you studied for the eligible award at a UK institution that is a UK recognised or listed body, or an education provider which holds a licence for sponsoring students under Tier 4 of the Points-Based System; and
- your periods of UK study and/or research towards your course ‘have been undertaken whilst you had entry clearance, leave to enter or leave to remain in the UK that was not subject to a restriction preventing you from undertaking it; and
- if you undertook the study for the qualification whilst holding leave as a Tier 4 student, you have undertaken the study at the institution which is the Tier 4 sponsor and not through supplementary study; and
- you are applying from inside the UK.
Other rules apply to the above conditions.
Short-Term Visa
What is the short-term visa and the purpose of it and does this visa allow extension and switch into another visa route?
To apply for this visa you must be a non-EEA national or from Switzerland and are coming to the UK to study English up to 11 months. The visa cannot be extended beyond 11 months and you cannot remain in the UK once visa has expired.
Joining UK Family Members
If you are a non-EEA and Switzerland national and you have a loved one in the UK, but you cannot obtain a visa to settle with them, you can apply for this visa, stay with your loved one, study your English (no work is permitted), once the visa is finished, leave the UK with your A1 level English certificate and then apply to enter the UK as either a fiancée, married, same-sex partner or unmarried partner.
If you wanted to come to the UK as an academic visitor, you will need to apply for a 'Standard Visitor Visa'.
You can only apply for the short-term visa if you are doing a short course of study in the UK, you are a non-EEA or Switzerland national and you can confirm you been offered a place and accepted on a UK course of studies, have enough money to financially support your UK studies and you do not need UK public funds plus, can pay for your return trip and if under 18, you need permission from your parent or guardian.
Visiting the UK as part of an overseas course?
You must be at least 16 and studying in an overseas higher educational programme and the institution must hold its own national accreditation, offer only part of its educational programme in the UK and offers programmes that are equivalent to a UK degree.
Researching in the UK for a short period?
If you are already enrolled on a degree course, you can come to the UK for a short period to do research. Your course needs to be equivalent to a UK degree, carrying out research at a UK recognised body, or a body that receives public funding as a higher education institution.
Where can I study in the UK?
Your educational institute must hold a valid Tier 4 sponsor licence
but they do not have to issue you a Confirmation of Acceptance for Studies (CAS).
If the educational institute does not hold a Tier 4 sponsor licence, they need to fall under one of these regulating organisation and if unsure click on the inks to find out more:
- Accreditation Body for Language Services
- Accreditation Service for International Colleges
- Accreditation UK
- Bridge Schools Inspectorate
- British Accreditation Council
- Education and Training Inspectorate (in Northern Ireland)
- Estyn (in Wales)
- Higher Education
- Funding Council for England
- HM Inspectorate of Education (in Scotland)
- Independent Schools Inspectorate
- Office for Standards in Education (Ofsted)
- Quality Assurance Agency for Higher Education
- Schools Inspection Service
UK English Studies for UK Settlement
What if I want to live in the UK with my partner, but I do not have A1 Level English level requirement I needfor entry visa?
If you are in a relationship with a UK settled person or a person that has permission to return to the UK and your English is not at A1 entry level, did you know you can apply for a 11 month visit visa to learn English in the UK.
Under this visit visa type, you cannot work, but you are permitted to live with your UK partner. During the 11 months (visa cannot be extended), hopefully you can obtain A1 level English. You will have to leave the UK and apply for a new entry visa that leads to UK settlement.
This application has a high risk of being refused if any of the following are not covered in your application:
- Clearly explaining your relationship with your UK partner
- Purpose of your UK trip and a education institute regulated to provide English training has been identified
- Evidence of affording your UK visit and studies
- Reasons why you will leave the UK once your 11 month visit visa expires
- Assets you have in your home country
Structure and Road map
If you appoint our firm we will tailor a road map for you starting with your initial entry visa explaining how best to present your application to the Home Office. This will include your relationship, why you going down this visa route, any previous UK immigration history and any exceptional circumstances you or your partner may have.
Phase 1 road map also covers how you should improve your English to remain in the
UK.
If your visa is approved, phase two of the road map is collating your relationship (Married, Unmarried or Same-Sex Partner).
Phase 2
is applying for UK entry under the settlement visa route. If approved, you never have to leave the UK again unless you want to or your relationship breaks down. Our visa support letter covers the key areas of getting this visa approved.
Phase 3
is your 1st UK visa renewal. This is applied for within the UK, then the next phase is your settlement application. Under this route your level of English needs to be A2 level.
Phase 4
is your settlement visa which is obtained after 5 years in the UK. This is applied for within the UK, under this route your level of English needs to be B1 level plus you must pass the Life in the UK test.
Phase 5 is your naturalisation visa which is obtained after 1 year in the UK on your settlement visa. This is applied for within the UK, under this route your level of English needs to be B1 level.
