Revised student visa rules to come into effect on 5 April 2012
The Home Office has announced that further changes to student visas will come into effect on 5 April as part of the government efforts to make the system more selective.The new rules will restrict the transition from student visas to working visas and the changes will include the closure of the Tier 1 (Post-study work) route. Graduating students hoping to stay on and work in the UK will have to meet new requirements; they will now have to graduate with a bachelor’s degree (or equivalent) from a university and have a job offer from an employer accredited by the UKBA with a salary of at least £20,000.
Other changes coming in April include the following:
- a new Graduate Entrepreneur route will open, with up to 1,000 places for students who want to start a business but do not meet the requirements of the Tier 1 (Entrepreneur) route
- young entrepreneurs or small company directors will get the chance to stay on in the UK after their studies if they have £50,000 to invest in their business
- for the first time since 2008, there will be an increase in the amount of money that students and working migrants, as well as their dependents, must prove they have to support themselves financially during their time in the UK
- Work placements will be restricted to one-third of the course for international students who are studying below degree level
The Government has also announced further changes concerning employment related settlement, overseas domestic workers and Tiers 2 and 5 of the points-based system. Separate announcements regarding these changes, which are also planned for April, will follow from the Home Office. Changes to the Family Route will also be announced in due course.
The complete details of the forthcoming changes can be found in the document, Statement of intent: Changes affecting study, post-study work and maintenance requirements for students and workers. The key points are detailed below.
Visa time limits
From April 2012, there will be a limit of five years that can be spent studying under Tier 4 at degree level.
There will be a general limit of 5 years on study-time at level NQF6/QCF 6 and SCQF 9 and above, but this will not apply:
- To those studying for Master’s degrees at an Higher Education Institution (HEI), following successful completion of an undergraduate degree where the course duration was 4 or 5 years. For these students the limit will be set at 6 years in total instead of 5. This will cover the typical situation in Scottish universities (but applies also to the rest of the UK).
- To those studying for a PhD at an HEI. However if on completion of the PhD the time spent in Tier 4 (General) exceeds 8 years, no further leave will be granted in Tier 4.
- For the following courses:
- Architecture;
- Medicine;
- Dentistry;
- Veterinary Medicine & Science;
- Law (those studying a Graduate Diploma in Law, a Legal Practice Course, the Bar Professional Training Course or for the Common Professional Examination);
- Music studied at a Conservatoire.
The 5 year limit, and exceptions, are additional to time permitted in Tier 4 (General) at below degree level (3 years) and any time spent in the Tier 4 (Child) route. The limit will consider study time, and will not count the additional periods of leave granted outside of course durations.
Work placements
As has been previously announced, from 6 April 2012 the rules on work placements change for international students who are not studying at degree level or above. From April, at least two thirds of a course must comprise formal study, with a maximum of one third of course time spent on a work placement. The minimum study time will remain at 15 hours per week. The work placement could therefore be 5 hours with 10 classroom hours, or it can be 1 year with 2 years of classroom study.
For those studying at degree level or above at an HEI, or those on a course as part of a study abroad programme the study to work ratio will continue to be 50:50, requiring that at least half the time comprises formal study and at most half the time is spent on a work placement. We will also retain the current exemption for courses where there is a statutory requirement for a longer work placement, such as in medicine.
English language requirements
From April anyone studying below degree level (NQF 6) must have achieved level B1 of the European Common Framework of Reference (ECFR) with a SELT certificate from a body approved by the UKBA; anyone studying at degree level or above must have level B2 with a SELT certificate. For those studying at degree level, the HEI may make its own assessment of B2 competency rather than relying on a SELT certificate.
Anyone studying English language must have level B1, with a SELT certificate. B1 and B2 standard must be attained in all the component elements of the test (reading, writing, speaking, and listening). Students may be refused a visa if they cannot speak English without assistance.
Post-study work
Tier 1 (Post-study work) will close to new applicants on 5 April 2012. After this date graduates will need to apply through Tier 2 (General) or the new Tier 1 (Graduate Entrepreneur) route which will come into use when the Post-study work route closes.
From April Tier 2 (General) will be open to recent graduates with a Bachelor’s or Master’s degree, PhD, or a PGCE or PGDE, from a UK recognised or listed body. As per the normal Tier 2 requirements, applicants must have an offer of a skilled job from a licensed sponsor and be paid at least £20,000 or the minimum appropriate rate set out in the relevant Code of Practice. However, the employer will not have to complete a resident labour market test and the jobs will not be subject to the annual limits on Tier 2 numbers.
Migrants using this route will be able to sponsor new dependants, on the same terms as other Tier 2 migrants. They may continue to sponsor any dependants whom they sponsored as a Tier 4 migrant.
Tier 4 migrants will be able to switch into Tier 2, as described above, once they have been awarded their qualification. In-country switching from Tier 4 to Tier 2 will not be permitted for those who have not completed their studies, except for PhD students who, as now, must have completed at least 12 months of study.
If a migrant wishes to undertake a period of professional training following a course of study in order to obtain a professional qualification, this can be done by switching into Tier 2.
Tier 1 (Graduate Entrepreneurs)
The UKBA will launch the new Graduate Entrepreneur route from 5 April 2012. This route is intended to serve students who have been identified by UK universities as having developed innovative ideas or entrepreneurial skills, but who are not yet in a position to meet the full requirements of the Tier 1 (Entrepreneur) route.
Applicants will need to be in the UK and sponsored by the HEI from which they have graduated. The UKBA will allow HEIs to decide how to best identify the strongest candidates, but there will be an overall limit of 1,000 places for the first year. This limit will be divided equally between participating HEIs.
Successful applicants will be granted leave to remain for 12 months initially, which may be extended for a further 12 months, providing the sponsoring HEI is satisfied with the progress they have made. They will be expected to spend the majority of their time developing their businesses, but may also undertake other work for up to 20 hours a week to support themselves. They will be able to sponsor dependants provided they meet the Tier 1 maintenance requirements.
Further details will be confirmed in due course in our News section, and also the Tier 1 visas resources post.
Maintenance requirements
The Home Office note in their statement that the amounts of money required for maintenance have not been changed since the start of the points-based system in 2008. As such they are now increasing them and from April 2012 maintenance amounts will to reflect the cost of living in the UK. These amounts will be reviewed annually from now on.
From April 2012, applicants for Tier 1 Entrepreneurs and Graduate Entrepreneurs, and legacy Tier 1 (General) cases will be required to show:
- £3,100 for entry clearance applications
- £900 for leave to remain applications
As at present, Tier 1 (Investor) and Tier 1 (Exceptional Talent) migrants and their dependants will be exempt from the maintenance requirement.
Tier 2 and Tier 5 migrants will be required to show funds of £900. As at present, if they have an A-rated Sponsor, the Sponsor may certify maintenance for them.
Tier 1, Tier 2 and Tier 5 dependants will be required to show:
- £1,800 for dependants of migrants who have been in the UK for less than 12 months
- £600 for all other dependants
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