Articles RBM Solicitors

Tougher rules have been brought in to stop people abusing the student visa system to remain illegally in the UK.

Last year the UK introduced a system requiring students wishing to enter the country to secure 40 points under its criteria. However, the government has faced criticism that this has allowed suspected terrorists and other would-be immigrants into the UK, only for them to stay on despite their visas being temporary. Tier 4 does not examine one’s intention to study and there is no room for the Entry Clearance Officer (ECO) to refuse entry on the basis that an individual has not shown that they will return to their country of origin once completing their course of study. The student visa scheme under Tier 4 therefore became one of the most significant loopholes in the immigration system.

The new rules kick in from 3 March 2010 and include the following changes:
• New restriction on students studying courses below degree level (except for those on a foundation degree course), so that such students may only work up to 10 hours per week during term-time. These students will still be permitted to take full-time employment during their vacation periods, as now. This change is to reinforce the message that the student route is one for study rather than work, and redresses the balance as the rules currently require such students to spend a minimum of 15 hours a week in organised daytime study, but allow them to work 20 hours a week term-time.
• The Immigration Rules are being amended so that a family member of a Tier 4 Migrant, who is following a course of study which is six months or less in duration, will not be permitted to accompany the Tier 4 Migrant to the UK.
• In addition, where a Tier 4 Migrant is following a course of study which is below degree level (except for those on a foundation degree course), family members will not be permitted to take employment, unless they qualify in their own right under Tier 1 (General), Tier 2 (General), Tier2 (Minister of Religion) or Tier 2 (Sportsperson) of the Points-Based System.
• It was also announced that the policy guidance would be changed on 3 March 2010 to require English language students to already have attained roughly GCSE level (B2 on the Common European Framework of Reference) in order to come and study, although overseas Government sponsored students and ‘crammer course’ students studying English before commencing degree level study are exempted from this. All other international students will have a CEFR B1 equivalent English language requirement imposed on them from summer 2010, which will be a major change.

In April the UKBA will also introduce a new label for licensed education providers who satisfy the Agency of their commitment to the Sponsorship scheme. Such Sponsors will be called 'Highly Trusted Sponsors'. What Sponsors will have to show in order to gain this status will be revealed following completion of the UKBA's consultation with providers.

It will only be such these highly trusted Sponsors who will be allowed to Sponsor students wishing to study for qualifications at National Qualifications Framework Level 3 (and its equivalents) and courses with work placements below degree level. The rationale is that such courses are 'attractive to economic migrants' as opposed to genuine students.

The points based system is subject to frequent change in this way – and each change carries with it the possibility of an individual's application being unsuccessful.

Anyone seeking to enter the UK as a student is strongly advised to seek professional legal advice.