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 am a student of eCollege London. Recently my college has been suspended. I am married & my husband want to apply for visa as my depedent. Is there any problem to get visa for him as my college is suspended.I am too much worry.
Tani
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Hi Tani
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.
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HI
WHY R THE UK POLICIEC R SAYING TERRORIST TO THE MUSLIMS SPECIALLY PAKISTANIS………………………………WHY ITS NOT GOOD……………………………………PLZ TELL ME WHY MY SOME FRND R DEPORTED FROM UK UNIVERSITIES WHILE THE R GETTING KNOWLEDGE..?
WHY THE UK GOVERNMENT HARSH WITH US .PLZ REPLY………………………………………..
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Hassaan
I’m sure your friends haven’t been deported for no reasons whatsoever, and I don’t think the UK Government is demonising Mulsims, Pakistanis or students in general.
The student visa route into the UK has long been abused and the Government has decided to act out given the huge media interest. And I think the points you’ve raised are all fire-stormed by the British media, making the whole situation worse.
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I came undre Tire4 . now I want to change my college
Hamid
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Hi A Haq
You can send me an email at daniel@adviceforyou.org.uk with your contact details and a phone number and I can help you to find a new college and switch to a new Tier 4 Sponsor.
Changing to a new education provider all depends on when you got your visa:
If you got your tier 4 student visa before 5 October 2009
You will have to obtain permission from the UK Border Agency to change education provider. You can ask for this permission by sending an email to MigrantReporting@ukba.gsi.gov.uk. You must include the following details:
- the new sponsor’s name, address and contact details; and
- details of the new course, including the start and end date; and
- if the new course is shorter or longer than your current course
The UK Border Agency will write to you confirming they’ve received your request. As long as they can confirm the following information, you will be given permission to change tier 4 sponsors:
- your new education provider is currently licenced under the Tier 4 Register of Sponsors; and
- your new school has accepted you and wants to be your new sponsor; and
- your new planned course of study meets the necessary requirements to qualify under the Points Based System
Once you have emailed the UK Border Agency with the above information and have received an acknowledgment from them you can actually start your new course without waiting for the result of your request. However, this is at your own risk as the UK Border Agency may well decide to refuse you permission to switch sponsors.
If you fail to ask the UK Border Agency for their permission to switch sponsors you’re permission to stay in the United Kingdom as a student will be limited.
If you got your tier 4 student visa after 5 October 2009
It is much simpler to change education provider in this situation. You just have to make a new Tier 4 (General) Student visa application supported with a new visa letter of confirmation of acceptance for studies from your new tier 4 sponsor.
You will not be able to start your new course until your new visa application is approved by the UK Border Agency. You are free to leave your current sponsor but do so entirely at your own risk, as the UKBA may refuse your application meaning you may not be able to return to your original course.
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hlo my name is asraf .
i scored 6 in ielts .how should i explain my study gap of 5 year effectively while i remained idle in said years .i have my last degree in 2004.and intent to study in uk.will i get visa or not.guide me
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Hi Asraf
I’ll answer both your comments in the one response, if that’s OK.
The only people who’d you potentially have to explain your study gap to will be any school or college to which you apply. But, they may not be interested to know. Judging by your post, I assume that you’re worried about your education history when it comes to applying for a UK student visa.
Following the introduciton of Tier 4 of the Points Based System by the UK Border Agency, this kind of subjective measure of applicants has been removed. So, as long as you fully satisfy the criteria set out under Tier 4 you should be fine. When did you take your IELTS test? As long as it is still valid when you apply for your visa then you will have no problems.
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hlo my name is asraf
is there any one who experience same .how should i explain my study gap of 6 year effectively while i remained idle in said years .i have my last degree in 2004.and intent to study in uk.will i get visa or not.guide me
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hi
im under tier 4 visa.Doing my mba in lincolns college london.But the college suspend by the homeoffice.
im afraid becoz i have paid my fees and is there any possiblies to get refund my fees.
and i want to change my college….
plz give me the advice to change my college…
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Hi Hussain,
It could be quite tricky to change college during its suspension from the tier 4 sponsors register and will depend entirely on the college’s terms & conditions. In most cases, schools or colleges will only process a refund upon receipt of original visa refusal documents. Whilst your application is on hold while the college addresses the UK Border Agency’s concerns, you may not be refused your tier 4 (general) student visa application and would therefore not be in possession of the required documents.
Have you spoken to the college about the issue? What did they say?
We can also help you to find a new college that is guaranteed to be on the tier 4 register of sponsors. Contact us if you need further help.
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Keep up the good work! Look forward to reading more from you in the future. I think it will be also nice if you add “send to email” tool so people can forward the articles to their friends easily.
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LinZi, we’ve gone one better and completley socialmedia-ised the site!
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sir, im got a news after next month tire4 rules will be change,we are not necessery for vsf-bd appoitement.
im very confused mu futher life.im student of LCLM college in u.k.
my class will be started 11.01.2010.
so sir now what i will do. im not geting submite appoitement. plz give me suggestion, i hope u send to me ans.
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I want to quote your post in my blog. It can?
And you et an account on Twitter?
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Sure you can Neko. You can follow us on twitter at: www.twitter.com/adviceforyou.
We always follow back and really look forward to your tweets!
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hi im mohamed,im in uk as student under tier 4 rules.
the college im studing fails most of the student.now i want to change my college for MBA.plz help me if there s any possiblities to change the college.
and tell the procedure…
plz help me…
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Hi Mohamed
You can send me an email at daniel @adviceforyou.org.uk with your contact details and a phone number and I can help you to find a new college and switch to a new Tier 4 Sponsor.
Changing to a new education provider all depends on when you got your visa:
If you got your tier 4 student visa before 5 October 2009
You will have to obtain permission from the UK Border Agency to change education provider. You can ask for this permission by sending an email to MigrantReporting @ukba.gsi.gov.uk. You must include the following details:
- the new sponsor’s name, address and contact details; and
- details of the new course, including the start and end date; and
- if the new course is shorter or longer than your current course
The UK Border Agency will write to you confirming they’ve received your request. As long as they can confirm the following information, you will be given permission to change tier 4 sponsors:
- your new education provider is currently licenced under the Tier 4 Register of Sponsors; and
- your new school has accepted you and wants to be your new sponsor; and
- your new planned course of study meets the necessary requirements to qualify under the Points Based System
Once you have emailed the UK Border Agency with the above information and have received an acknowledgment from them you can actually start your new course without waiting for the result of your request. However, this is at your own risk as the UK Border Agency may well decide to refuse you permission to switch sponsors.
If you fail to ask the UK Border Agency for their permission to switch sponsors you’re permission to stay in the United Kingdom as a student will be limited.
If you got your tier 4 student visa after 5 October 2009
It is much simpler to change education provider in this situation. You just have to make a new Tier 4 (General) Student visa application supported with a new visa letter of confirmation of acceptance for studies from your new tier 4 sponsor.
You will not be able to start your new course until your new visa application is approved by the UK Border Agency. You are free to leave your current sponsor but do so entirely at your own risk, as the UKBA may refuse your application meaning you may not be able to return to your original course.
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do u only need the application form and the visa letter or do u have to show prrof of funds again?
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You will have to show proof of funds, but not at the same level as if you had applied from your home country,
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thnku Daniel,
My visa letter was after the 5th of October so how much will I need to show??
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Hi Kirsty
If you are in London, you will need to show you have access to £800 per month, for a maximum of 2 months = £1,600.
If you are outside London, you will need to show you have access to £600 per month, for a maximum of 2 months = £1,200.
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hi
im under tier 4 visa.Doing my mba in woolwich college.But the college fails most of the student when they pay their full fees.
im afraid becoz i have paid my fees and is there any possiblies to get refund my fees.
and i want to change my college….
plz give me the advice to change my college…
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Hi,
I was just turned down for a Tier 4 Visa, and the grounds for refusal were appallingly thin. The visa officer claimed that my course began on the 1st of Sept. and since I applied on the 25th of August, there was inadequate time left for processing. Completely missing the fact that my visa letter mentioned an extension till November.
More seriously, they have alleged that my bank documents are false and that my bank confirms this. My bank has shown me the verification form they filled out, and they seem to have slipped up a bit and only written my first and middle names along with my wifes full name (she is the joint holder). But the Bank courtesy letter I sent with my app should have clarified everything, my connection to the joint holder etc.
I am sending the case for administrative review, but do not know what my chances are. I need to clear my name, and have a letter from the bank now, explaining their position in detail.
Any advice?
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Hi Ahmed
How are you getting along with your administrative review? There is little information on how long they take – is yours still in process or have you had a result? It sounds from the details you provided that you really should have got your visa. I really share your frustration!
Most students seem to make a fresh application when facing your situation. I assume that once the Embassy receive the bank’s explanation, all should be well, but I wouldn’t be surprised if they refused your application just to collect the fee for a new, fresh application!
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hello, my name is mammon i am applyin to uk as a student visa.i would like to know more information regarding this visa. i have no money whatsoever in my bank account and someone had told me that to aply you could show one of your famliy members account. is this true? if it is then please could u send me eveyhting based on it. beacuse this scheme used to work then stopped until 3rd march 2009 accoring to my knowledge. thnak you very much please get back to me as soon as possible thank you very much
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Mamoon
You can show the funds in a parent or guardian’s account. You will also have to submit documents confirming your relationship if you do this – e.g. your birth certificate to show your relationship to your parents, along with your parents’ bank statements.
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hello daniel, i am afraid that the british government is not aware of the colleges in london which are under tire4. The colleges in london are the college with names but some colleges doesn’t even exist. dolphin edu. consultncy of nepal ,consultant and college XYZ college representative ate my friends 4800 pounds and that college in not in london and now he is studing in a college in woolwich. how can my friend get money . can u plz help? ur response will b highly appreciated.
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Hi Rani
How did your friend get on in this sad situation? So sorry to hear the details of your story.
I imagine the only way to get the money back would be a court case, or at least the threat of one. Did you try to put pressure on the college in this way?
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hi.i already came uk in tire 4 rule.now i want to know whether am i able to change my college or not.if possible then please tell me the way.
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Hi Nil
You can change education provider under the Tier 4 system. It all depends on when you got your visa: before or after 5 October 2009 – before in your case.
Here’s the blurb from the UKBA website:
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dear sir, i have recently got uk student visa under tier 4 my course is not yet started.now i want to change my college(sponsor) from London to Glasgow due to some personal problem.can anyone know the exact procedure for this.
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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!
for how much time i have to show and deposite the money in my account?
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Hi Vikas
It’s 28 days.
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hi i came to uk this march as a student. now i want to get my husband to uk in dependent visa,
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hey ,
i have a question that i m appying for september session in SBU 2009 …. n i got a date to submit my documnets on 31 of august … the visa process time is 30 working days .. incase i will also get defferment letter from my university …extension letter ..i m afraid if british embassy refuse me just bcoz of extension that i have taken ?? otherwise i have got 6 bands in ielts there is no study gap n i have sufficient amount of funds in bank . please reply me soon ..thank you .
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hi
please i need ur help u someone from london about the legitimacy of services by visagovernor or visagovernor.com…..
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hi i got offer letter from rayat london college i just want to confirm that is it a recognised college or not. will i get study visa with this college or not? please reply me
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Hi Jas
As of 3 February 2010 Rayat London College does not appear on the Tier 4 Register of Sponsors so you will not be able to get a UK Student Visa.
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is there any one who experience same .how should i explain my study gap of 5 year effectively while i remained idle in said years .i have my last degree in 2004.and intent to study in uk.will i get visa or not.guide me
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hlo my name is aman .
i scored 6.5 in ielts .how should i explain my study gap of 5 year effectively while i remained idle in said years .i have my last degree in 2004.and intent to study in uk.will i get visa or not.guide me
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Hi Aman
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,
I just want to know follwing questions
I have been accpted by the college.and it has not mentioned my IELTS 5.5 score in the visa letter.only A/L and Diploma .will it be a problem by providing my IELTS results , because under the new policies they say that do not provide anthing than the visa letter or Is it compusory to show IELTS score .what is the best option.
thanks
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Hi Radha
You should have submitted all the documents you used when you enrolled on your course along with your visa application (excluding this like artwork portfolios). This information is clearly displayed on the Appendix 8 form you have to complete.
If the visa letter only mentions your diploma, then you should only submit your diploma certificate with your application. If it mentions both, you need to submit both.
Hope this helps.
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is there any one who experience same .how should i explain my study gap of 5 year effectively while i remained idle in said years .i have my last degree in 2004.and intent to study in uk.will i get visa or not.guide me pleaseeeeeeeeeeeeeeeeeeeeeeeee
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