UK Border Agency - Proposed Changes to Student Immigration rules and Consultation Process
On 31st March 2011 The UK coalition government announced major changes to the student immigration system (including Post Study Work).
CHANGES TO STUDENT IMMIGRATION & POST STUDY WORK
We have outlined a summary of the main changes to the current student immigration system that are likely to affect currently enrolled students at the University of East London (UEL) and new applicants intending to study with us. The UK Border Agency published its Statement of Intent for changes on 31 March 2011. For full details - check UKBA: STATEMENT OF INTENT AND TRANSITIONAL MEASURES Changes will happen over a period of time including 21st April 2011, July 2011 and February 2012.
Tier 4 Students
Highly Trusted Sponsors
- All education providers must have Highly Trusted Sponsor status by April 2012 if they want to offer courses to Tier 4 students. UEL has Highly Trusted status.
English Language requirement
- Those studying at Degree level or above will need to demonstrate that they already meet level B2 (upper intermediate) English language requirement; UEL will be able to vouch for a student’s ability where they are coming to study at degree level or above. (April 2011)
- The level of English for lower courses remain remains B1. (April 2011)
- UKBA will be able to refuse entry to the UK for those on a Tier 4 visa, to study at degree level or above, who cannot speak English without an interpreter. (April 2011)
Evidence of student funding
- Students will be required to sign a declaration that the funds they present to meet the maintenance requirement are genuinely available for use in coming to the UK to study. An immigration officer/ Home Office caseworker will check that the funds continue to be available.This will make refusals easier for UKBA on grounds of deception. (July 2011)
- UKBA will refuse applications where the bank statements are from a bank which they cannot trust to verify the statements. Local lists of proscribed banks will be established. (July 2011)
- UKBA will introduce a streamlined process for low risk applicants going to Highly Trusted Sponsors, in general waiving the requirements to provide documents beyond the CAS and passport/ identity document. The list of low risk countries/nationalities includes: Aregntina, Australia, British National Overseas, Brunei, Canada, Chile, Croatia, Hong Kong, japan, Mexico, New Zealand, Singapore, South Korea, Trinidad & Tobago, United States of America. However, UKBA may still request documents from these nationals - so it will be necessary to prepare them anyway. (July 2011)
Work during term and work placements
- Students at recognised bodies (universities) will retain their right to work 20 hours a week part-time and to do work placements where the study ratio is 50:50. UEL is a recognised body. (April 2012)
Dependants
- For a student to sponsor a dependant, the student will have to be on a Post Graduate course (NQF 7 and above) at a university which is more than 12 months long, or be a Government Sponsored student. (July 2011)
- The dependants will be able to work. (July 2011
- Students who are not on a Post Graduate course will not be able to bring their dependants to the UK with them. (July 2011)
Time allowed as a student
- Maximum of 5 years visa in total allowed to study at NQF 6-7 (undergraduate and post graduate levels). (April 2012)
- For those at the higher level doing a PhD, there will be exceptions, as well as for those courses which require as a matter of professional qualification a longer duration than 5 years (e.g. medicine, architecture). (April 2012)
- The University will have to vouch for academic progression where students are not moving up to the next NQF level. i.e. from Undergraduate to Postgraduate study. (July 2011)
Tier 1 Post Study Work
- For this year Post Study work continues with new guidance, new form and fee increase (from 06/04/11).
- The current Post-Study Work route will be closed in April 2012. We do not yet have details of what will replace it.
- Those graduating from a UK university with a recognised degree, PGCE, or PGDE may be able to switch into Tier 2 after April 2012.
- There will not be a limit on those switching from Tier 4 into Tier 2.
- They will only be able to switch if they are in the UK, and before their student visa expires.
- The normal Tier 2 requirements will apply, except for the Resident Labour Market Test. This means that student will have to have the required maintenance and a job offer at the required level, with an employer who has been licensed by the UK Border Agency.
- UKBA will ensure that genuine student entrepreneurs with a great idea are able to stay on in the UK to develop their business proposition. (April 2012)
ALWAYS CHECK THE RULES IN PLACE AT THE TIME YOU MAKE ANY VISA APPLICATION.
Produced by: University of East London – International Student Advice team. Updated: 04/04/11.
Website: www.uel.ac.uk/isa
Email: isa@uel.ac.uk
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Page updated 04/04/2011