Students

Introduction (Students)

The category of student is divided between minor and adult students. An adult student is someone who would like to study in the UK for post-16 education under Tier 4 (general). A child student is a person aged between 4 and 17 years.

Entry Clearance

All Tier 4 students must apply for Entry Clearance from the UK High Commission in their own country

Education Body

The educational body where a student wants to study must be an approved education provider

Requirements for Point Based system

  • The student must be registered or enrolled with an approved education provider and this will provide 30 points
  • Must have the required funds and this will provide a further 10 points
  • The applicant must when required to do so on examination or at interview prove the proficiency of English language of a standard to be expected from such individual as specified in his/her CASS
  • The entry Clearance officer must also be satisfied that the student is a genuine student

CASS: The Confirmation of Acceptance for Studies

A student must obtain a CASS letter, which is issued by an approved education provider. Each CASS has a unique reference number. The CASS also provides information about the intended educational course for which it is issued and other personal details.

An entry clearance or leave to remain must be made no more than three months before the start of the course. A CASS will expire if it is not used for entry clearance or where it is left unused for six months from the date of issue. More importantly, a CASS can be used only once

Re-sitting examination

A student can only re-sit for an examination or repeat a module once. Where a student has to re-sit the exam again or repeat the module a second time, he/she is expected to leave the UK and revise in his own country and then apply as a Student Visitor to take the re-examination

Academic requirements

The course which is pursued by a student must meet the Home Office’s minimum educational/academic requirements and must be a full-time course of study and must take place on the premises of the education provider (college /university) except where the applicant is on work placement

Maintenance

The student must also hold sufficient funds to maintain himself in the United Kingdom, this will provide you with 10 points.

Living Costs

You must show that you have £1,265 per month for living cost if you are studying in London. Where your place of study is outside London you have to show £1,050 per month. You must show that you have money for your
living costs for each month of your course, up to a maximum of 9 months.

Supporting Documents

The student has to provide documentary evidence that he has access to or the funds have been available to him for a consecutive period of at least 28 days and within the last 31 days before the date of application. Following documents are accepted by Entry Clearance officers and Home Office

  • Personal bank or building society’s statement
  • A building society’s pass book
  • A letter from the bank confirming the availability of the funds
  • A letter from another financial institution which is regulated by the FSA etc.
  • Where a student is sponsored by any government or other institute or organisation, the details must be available either through CASS or a letter is required from the sponsoring body. The letter must confirm the length of the sponsorship and that it will cover the financial obligations of the student.

Extending limited leave

Where a student who is already in the United Kingdom and has finished his course would like to continue further and wishes to take another course, he is allowed to do so. However, he has to follow and meet the same requirements as he did for entry clearance with the only exception being the maintenance fund

Length of the new course

Location

Amount of maintenance required

2 months or less

Inner London

Course fee + £1020/each month for living costs. Required for the 2 months

2 months or less

Outer London and anywhere else in the UK

Course fee + a £820/each month for living costs. Required for the 2 months

More than 2 Months

Inner London

First year’s course fee + £2040 to cover the living costs for the first 2 months

More than 2 Months

Outer London and anywhere else in the UK

First year’s course fee + £1640 to cover the living cost for the first 2 months

 

Time Limits on the Stay of Student

Time Limits on the length of Stay for Student

Type of Qualification

Maximum Stay

Qualification below Degree Level

 3 years

Qualification at degree or above level

5 years

Masters Degree

1 further year may be allowed in certain circumstances

PHD

2 further years and 8 years in total after graduation  

 

Rights of Student

  • A student can fill the position of a sabbatical officer.
  • May include work placements as long as the work placement is an assessed part of the course
  • A student is entitled to take supplementary classes, for example, evening or weekend classes, no permission is required to embark on these studies and a student does not have to inform his/her sponsor

Work Entitlement

  • A student is allowed to work 20 hours per week during the term time where he is studying for a degree or higher-level qualification and his sponsor is a UK Higher Education Institution
  • A student is allowed to work 10 hours per week during the term time where he is studying for a level which is lower than a degree and his sponsor is a UK Higher education institution
  • A student is allowed to work 10 hours per week during the term time where he is studying a course at any level with a sponsor which is a publicly- funded further education

Prohibited Work

  • A student cannot be self-employed, or
  • Employed as a doctor in training, or
  • Professional sportsman, or
  • Employed as an entertainer.

Family members of Tier 4 Student

  • Only a student sponsored by a higher education institution (university) on a course which is of Masters level or above and where the duration of the course is for more than 12 months, a student is allowed to bring his family upon the fulfilment of certain conditions

 Or

  • A Government sponsored student, where the duration of the course is more than 6 months, is also allowed to bring his family to the UK on the fulfilment of certain conditions

Maintenance funds for Partner

A student has to fulfill the requirement of maintenance as he did for himself. For a student who is studying at a Masters level or above in INNER LONDON and wishes to bring his/her partner must show a maintenance fund of £ 615 /each month and up to maximum of £5,535 in addition to funds for himself.

If the student is studying or wish to study in a University which is outside London, he/she has to show a maintenance fund of the £460/per month and up to a maximum of £4,140 in addition to funds for himself.

Example

Ali wants to bring his wife from Pakistan while he will study a master’s degree in an inner London University.

Ali will need

First year’s fee (if the Masters is for more than 1 year)

Maintenance fund for himself = 9 months× £1020 = £9,180

Maintenance fund for his wife = 9 months× £615 = £5,535

First-year fee (just an example) = £12,000

Total Amount to show = £9,180 + £5,535 + £12,000= £26,715

Child

To bring any child the student has to fulfil the same requirements as he/she may have done for a partner and maintenance is the same as for a partner.

Example

Ali also wants to bring his only child as well. He must show

Total Amount to show = £9,180 + £5,535 + £5,535 + £12,000= £ 31,715

Entitlement to Switch

The following immigrants who are already in the UK are allowed to switch from their current category and apply for leave to remain as a Tier 4 (General) Student

  1. Tier 2 General Migrant
  2. Tier 2 Intra-Company Transfer Migrant
  3. Tier 2 Minister of Religion
  4. Tier 4 Child Student

Students under Tier 4 (General) are also allowed to switch their status to the following categories

  1. Tier 1 (Entrepreneur) Migrant
  2. Tier 1 (Investor) Migrant
  3. Tier 2 Migrant
  4. Switch to, the spouse, or civil partner or the same sex partner of a person settled in the UK

Important

Where a student switches to another category which leads to permanent settlement in the United Kingdom, he/she is not allowed to count the time spent as a student towards the time needed to qualify for settlement.

Disclaimer

While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result legalally does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.

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