Further clarification on Tier 4 student visas

A Q&A document has been published by the UKBA following queries from sponsor bodies, such as universities and further education colleges.

The new document, Student review - clarification, June 2011 (PDF, 59KB) includes information on how dependants will be affected by the changes, transfers to post-study work visas and if appeals can be made against a immigration officer’s decision to reuse entry to the UK.

The document follows one already published earlier in the month, English language requirement - clarification, June 2011 (PDF, 54KB), which provided guidance on applications for extension of leave, what happens where applications do not meet all the required criteria and other things.

Some of the key information is summarised below.

Dependants

Any dependants who are already in the UK will be allowed to remain under the terms of their visa. Leave to remain will not be revoked, even if you do not meet the requirements to bring dependants to the UK under the new system.

Students already in the UK as Tier 4 migrants, or under the old student route will now need to meet the new requirements if they want to bring new dependants to the UK. This means that they will need to be on a course of study at a Higher Education Institution, at or above NQF7 that for 2 months or more, or are government-sponsored students on a course of 6 months or more

However, if you have previously sponsored dependants but do not meet the new requirements you may continue to sponsor dependants. Any such dependants must apply for new leave within 3 months of the expiry of their previous leave and make the application at the same time as the main applicant.

Students who have returned home having completed a course of study, taking their family and dependants with them, can apply for further leave and return with their dependants. If you want to return you have to apply within three months of the expiry of your previous Tier 4 visa and all the applications must be lodged at the same time.

Babies born in the UK to migrants on Tier 4 visas will automatically be granted leave to remain, although parents will need to obtain entry clearance for their child if they leave the country.

Post-study work visas

The UKBA have given more than a year’s notice of their intention to close Tier 1 (Post-study work). Graduates may be eligible to apply up to 1 year after graduation, and they are still accepting applications under this route until the formal closing date is announced.

Graduates hoping to work in the UK are expected to apply through Tier 2 in future.

Further details on these topics can be found in the document.