The UK Border Agency has announced that Tier 4, for students, due to start next March, will now be phased in with full implementation taking place in August 2009.
Students who wish to apply under the existing student visa system must act now, or prepare to meet the new criteria.
At a meeting hosted by the UK Border Agency (UKBA) in London last week, further details of Tier 4 of the Points Based System were revealed to an audience of Educational providers. The main details are:
- Tier 4 will commence at the end of March 2009
- Educational providers recruiting students from outside the EU will need to register as sponsors with the UKBA
- Sponsoring organisations will take on far greater responsibilities for policing the system
- Sponsoring colleges will continue with paper based offer letters until electronic versions, ‘Confirmation of Acceptance of Studies’ (CAS), are introduced in the Autumn of 2009 for in country students
- Full Sponsorship Management System (SMS) expected to be operational by February 2010, at which time all students will require a CAS from a sponsoring institution
- Visas will be tied to a specific educational provider
- Students applying to come to the UK will need to score at least 40 points under the new on-line system
- 30 Points will be awarded for a confirmed place or CAS form a sponsoring educational provider
- 10 points will be awarded for Maintenance and Funds Test and specific amounts of funds of around £9,600 will need to be shown
- Appeal rights abolished and replaced with an ‘Administrative Review’
- No visas for courses below NVQ3
General students on courses lasting more than 12 months will be expected to show they have sufficient funds to pay for the first year of fees plus £9600 living allowance (British Council figure), plus a further £535 per month for each dependant. A slightly lower figure will be accepted for students living outside the London area.
Student taking vocational courses will have to match the ‘on the job’ training with classroom studies. Colleges will be forced to monitor the hours spent on work placement, although quite how this will be achieved in practice was not fully explained during the Q & A session.
In a recent BBC report, academics have petitioned Downing Street, “urging the government to withdraw new immigration rules for overseas students in the UK”.
Over 4500 signatures have been collected, organised by Ian Grigg-Spall, academic chair of the National Critical Lawyers Group and honorary fellow at Kent Law School.
Mr Grigg-Spall told the BBC that there had to be trust between teacher and student.
“Now if they think that we’re wearing two hats – teacher, but also a hat labelled ‘immigration officer’ – I think that’s a complete contradiction,” he said.
“That’s why I say it’s a breach of our university autonomy and why in fact it’s a breach of academic freedom.
“This is a slippery slope, this is a dangerous slope and as a human rights lawyer, I am very worried.”
Candidates will still have to obtain entry clearance or a visa from British Embassy post.
Under the current system, entry clearance refusals can be challenged on appeal and the case heard before an independent Immigration Judge at the Asylum and Immigration Tribunal (AIT).
Under Tier 4 students will no longer have a right of appeal against an entry clearance refusal. The right of appeal is being replaced by an ‘administrative review’ by an Entry Clearance Manager.
The UKBA argue that because decisions under Tier 4 will be more transparent and clear cut and based only on factual information, there is no need for an appeal system. Entry Clearance Officers (ECO’s) will not, for instance, be able to refuse on ‘intention’ to study or return home after completion of the course.
Should this prove to be the case, students applying for a visa under Tier 4 could be more assured of a visa than under the current ‘hit and miss’ system.
But there will be disadvantages under the points system. For instance, visa holders will be tied to one institution and changing would require anew visa. Maintenance rules will also be tighter and those in vocational courses, such as NVQ’s, will be subject to stricter conditions and controls.
When you weigh up the pro’s and con’s of both systems, most students will feel they have a better chance of success if they apply now than they would under Tier 4.
There are also advantages for those holding the current student visa, as opposed to one issued after March 2009.
Conclusion – get moving if you want to beat the Tier 4 deadline
If prospective students want to ‘beat the points system’ they must act now. Only students applying for visas for courses starting before the end of March will be able to apply under the current system.
In other words, you need to get your applications in by January/February to obtain the visa (you must allow at least a month for the Embassy to process an application), which means you really need to start enrolling and completing the VAF and requirements this month or by early January at the latest.
VFS, which processes visa applications on behalf of the British Embassy in Manila, report that they are “inundated” with student visa applications at the moment and delays in processing are expected.
Those who can apply now will also have the advantage of a full right of appeal, where their case can be heard before an independent judge rather than an Entry Clearance Manager carrying out an Administrative Review.
Life will go on after Tier 4, but we do not know exactly how things will pan out after March. Students are worth £5 billion to the economy according to the Home Office.
hi i m irfan and i left my study in 2003 now again i want to start studying .pleaseeeee guide me if i could get visa after lapse of 5 year study gap.
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Hi Irfan
As long as you fulfill all the Tier 4 criteria then you will be able to continue your education. The UK Student Visa system has completely changed – there is no longer a subjective view taken on each applicant, it is 100% objective: score the points, get your visa.
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Hi iam a bba graduate student from Nepal , and iam planning to do ACCA course in Uk , is that matter if i choose cheapest college in Reading rather than in london ? what will be the chances of getting visa doing that ?
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Lakib,
The chance of you getting a visa to study in the UK has nothing to do with where you choose to study or the course you enrol on. As long as you meet all the requirements set out under the Tier 4 system, you will be granted permission to study in the UK. Roughly speaking, the requirements are:
- Studying at a licenced education provider
- Follow a course of level CEFR A2 or above
- Having sufficient funds to cover tuition fees and maintenance costs
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im still waiting for the result of my visa application last january 21, 09.. i hope that it will be released in june.
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Iazna, did you get your visa in the end?
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Hi my visa is refused because of incomplete information in my visa letter under TIER 4 rules.I scored 10 points but did not score 30 points for visa letter. Embasy refused my visa because my Nationality was not mentioned in the Visa letter. My University has asked me to apply again for the Visa with new Visa letter. Please tell me if we can reapply for the visa under TIER 4 rules.
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Hi Abhishek
What a nightmare with your application! I hate it when applications are refused on such a technicality.
You can of course just make a fresh application with a new visa letter. You will have to pay the visa fee again, unfortunately. Although as this was a mistake from the education provider, I would probably strongly peruse the college to cover the 2nd application fee.
Good luck.
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i have got accept letter May10 yesterday from cecos college london is that good time to apply or it’s changing? m very about it may somebody help me i want to know when is new rule changing?
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Hi Daniel …
I have friend in Birmingham his french guy working in Birmingham now he helped me to enroll in UCB university and I just got my programme offered now Business Enterprises. Do you think my sponsor will be granted to do so ? I mean to sponsor everything i need there? Do you think is this possibility as I always heard only for a health care related for the student visa.
The univesity will provide a letter to the embassy the unconditional offer …do you think i can have any chances to pass this ?
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hi,
i would like to know the exact ielts score require for uk visa…. anyone has an idea????
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Hi Aditya.
The IELTS level required varies from course to course and school to school. Under the new Tier 4 visa rules, you just need to demonstrate that you have achieved an elementary level of English. If you want to apply for a course in the UK, you’ll need a bare minimum of 5.5 in the IELTS, 6.5 if it’s a good university.
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i was denied for student visa last november because i put a large amount of money in my bank statement,they refused me without conducting any interview. i got a school and solictor there who will prcocess my appeal.
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Hi Emjay.
Sorry to hear you were denied your visa – how long did you have the money in your account for? The guidelines do suggest having the money in your account for at least 3 months.
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hi could any 1 tell me wat r the changes for the students depandants afet tier 4 rules
regarding the financial things
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i am a student and wants to apply in new rules.my question is it necessery for maintaince funds must be shown by students personal bank statement valid from 3 months or sponsring statment
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The rules state that it is the student who must show the funds and not their sponsor. It has also been recommended that if you receive the funds from a sponsor, have them to write a letter stating that the money is a gift to you and that they will not demand you give it back at any time. This letter is key as it establishes access to regular funds, with no threat of withdrawal.
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Hi i would like to know if students that have students visas before march 2009 and want to extend their student visas after march 2009 will follow the system of tier 4 starting in march. Thank you.
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Hi Belinda.
Yes you’re right, if you apply for a new visa or an extension, after the new rules have come in, then you will have to follow the Tier 4 rules.
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hi,my name is faisal belong to lahore,my age is now 29,i was left the study in 2000,i hve done diploma associat engnering,after i was doing job in my town and in 2003 i was going to the ,u,a,e, for the job till 2006,and i go back to pakistan in 2006 and now days i m doing job in the pravite compnye,just tell me i m able for the applye study visa,for the uk undergraduate parogram?
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Hi Faisal.
From the details you’ve given there shouldn’t be a problem with applying for a student visa, as long as you qualify.
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Visa walata puka dei. me huththige UK embassy ballo hukanawa. hukana pakayala. Yako api suddanta puka dena jaathiyak newei. suddoi apita puka denna one. api enne ne thope walan hodanna thope ratata. thopi warew ape walan hodanna ape ratata.
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hi im a student diong othm certificate course. my visa is going 2 expire in first week of may 09.would u let me kno how much money ill hav 2 show in my a/c n my sponsors a/c and how many days b4 ill hav 2 put dis amount in2 my n my sponsors a/c.
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Hi Khan
For Tier 4 (General) Adult Student Application, you must show maintenance funds based on where you are studying:
Inside the London Boroughs:
£800 per month up to a maximum of 9 months
Outside the London Boroughs:
£600 per month up to a maximum of 9 months
You must also show that this money has been available in your bank account for at least 28 days at the time of your application.
This can be shown in bank accounts for either in the UK or your home country.
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does NVQ level 4 health and social care spend more than 50%
on work placement?
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Hi Kim
Under new Tier 4 guidance, any course combining a work placement must be no more than 50% of total course time.
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Hi,
I will be going to get married in april 2009 in Nepal and wanted to bring my spouse here.As i heard there are so many rules which is going to change from march.Could you please let me know what are the rules?And what documents do i need to bring him as a dependen.It would be really helpful,if you reply me.
Thanks a lot
Trishna
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hi,moti . why r u worriying . new rule has came so u must change new spouse too. obviously . and here i am keenly ,ever ready to be with u . mind it . new rule , new boyfriend, mazza ko life in uk .why worry ,waiting u.Bye moti.
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Hi,
I have beej told by people that there would be new rules for dependents in April 2009. The change would mean that people with dependent visas can’t work full time any more. Is that correct?
Also, currently under the Tier 1 (general), a spouse can work full time. If such a rule comes in would it effect exsisting Visa holders?
Advise would be appreciated.
Seema.
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Hi Seema
Thanks for your comments. To discuss the precise details of your individual case you should also consult a fully qualified and regulated immigration lawyer. Find one near you at the OISC.
I’m unsure of the Tier 1 rules, I cover Tier 4 only.
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Hi! About the tier 4,do they include an english language exam as requirements?Thank u.Pls reply
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Hi Ravin
Yes, you will English level is requirement of Tier 4. You must be able to study a course which is CEFR A2 or higher. As a very rough guide, you need to be at a level of pre-intermediate or upwards.
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Hi,
I am on the student visa here in UK. My visa is going to expire in May 2009. I want to extend it but there is one thing I want to ask for those students applying for extension will also need to show 9,600 pounds in their personal account maintained in UK or where. Kindly clear this problem,Or they just need to show their funds are coming from their sponsors of their country.
Kindly reply me soon
I am so worried about it.
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HI SAIMA,
u dnt need to show 9600 pounds in ur account,,this is only for th students who r goin to apply for fresh student visa frm sum other countries except E.U ones…u only need to show tht ur gettin ur money from ur sponsors regularly…..
thanks
abhishek
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Hi Saima
For Tier 4 (General) Adult Student Application, you must show maintenance funds based on where you are studying:
Inside the London Boroughs:
£800 per month up to a maximum of 9 months
Outside the London Boroughs:
£600 per month up to a maximum of 9 months
You must also show that this money has been available in your bank account for at least 28 days at the time of your application.
This can be shown in bank accounts for either in the UK or your home country.
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i am still waiting for the acceptance letter from a university in UK..if i’l not receive that letter on the 1st week of march wud it be possible that i can’t meet the new visa application in march????
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Hi Najih
How did you get on with your application? I assume you’re in the UK now – how are your studies?
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I applied for student visa and it rejectde because of unsufficient fund and will go in april next batch.I book in LJMU OOW(Deck) cource and want to know what new rule is coming and how much fund I have to show for one year visa insteed of course fee.
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Hi Gaurav
For Tier 4 (General) Adult Student Extension Application made within the UK, you must show maintenance funds based on where you are studying:
Inside the London Boroughs:
£1600
Outside the London Boroughs:
£1200
You must also show that this money has been available in your bank account for at least 28 days at the time of your application.
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hi mike,
there is one querry…i just want to ask u one thing tht the student who have there visa extension in jan,,,they should also have to follow the the new tier 4 rule…becoz i think my college doesnt comes in tier 4….but i am th regular student of the college..apart from this also have my final selection in british army in feb nd they gonna give me the letter for tht,,,so home office would consider that statement by army?
becoz as u said that tier4 is going to apply in march 2009,,,so the extension which are to be done before march 2009 will be done in the similar way which is used to be done before? becoz i dnt think my college comes in tier 4 yet…plz help me out i am really very worried.becoz i my visa is goin to be expired in jan..
thanks
abhishek
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hi abhishek,
I’m just wondering. I assume you’re not a UK national or citizen. But how come that you could enter the British army? Is that really possible?
Please reply. thanks
Mike
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hi mike..
yes it is possible,but u have to pass sum tests…i have also been to final selection for the british army in sep 2008 but they deffered me because of my running time…as they could put me back in the selection hopefully in this feb 2009 but only after getting my paasport back from home office…i just want to confirm wheather the home office going to consider my letter which is issued by army office.
thanks
abhishek
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Hi Abhishek
How did you get on with your visa renewal and how’s life in the Army?
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hi abhi could u tell me what time they require for running like in one min how long u have to run or timmming limits please reply bcoze i also get a letter from the army and they send me a vcd from there. could i pass this exam
i m female for us wht timming they requires
i was a national player in my home country
i like this type jobs
like diffidence, army………..
please reply
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Hi there
Under the new Student Visa system (Tier 4) which will be implemented in March 2009, will studying A-Levels and GCSEs (both pre-university qualifications) in the UK still be allowed?
Please reply. Thanks a lot
Mike
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Hi Mike
Yes, students will still be able to come and study in the UK for their GCSEs and A-Levels. Following the changes, there will be 3 classes of ‘student’:
- General: Students studying in Britain at or above degree level in a publicly funded institution, or engaging in more than 15 hours of study per week.
- School: Students in full time study at an independent school up to the age of 18. Working hours are the same as the general student category but dependents are not permitted.
- Study through Work: Students on courses of work experience or placements. Working hours will be the same as the other two categories and dependents will be permitted in instances where the principal applicant will be in the country in excess of 12 months.
So yes, pre-university students will still be eligible to come to the UK.
Hope this helped.
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Hi there, Thanks a lot for your answers. But what you said about the age for indepedent schools kinda alarmed me. I will have turned 21 by September 2009. Can I not study A Levels if I’m older than 18? Actually I’ll be studying A Levels either at a sixth form college or a further education college but I’m not sure if they can be called “independent schools.” And A Level is below degree level so will I more likely be classed under “School”? I’m really confused. Please help me. Thanks a lot – Mike
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Hi Mike
A Levels can still be studied under the Tier 4 system, regardless of age as you will be studying at a private college.
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Hi Nik
Well spotted – it should in fact be £9,600.
Which is still a lot of money that needs to be shown!
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Hi I just wanted to confirm this point:
10 points will be awarded for Maintenance and Funds Test and specific amounts of funds of around £96000 will need to be shown
Is that a typo or is it really £96000? thats an awful lot of money!
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