Student visas allow overseas nationals to travel to the United Kingdom for the purpose of studying towards gaining a recognised qualification providing they meet the requirements of the Immigration Rules.

Eligibility

In order to come to the UK as a student, you will be required to demonstrate that you have been accepted on a course of study at an organisation which is included on the Department for Education and Skills' Register of Education and Training Providers ( DfES website), and is at either:

• A publicly-funded institution of further or higher education. Such institutions are required to maintain records of enrolment and attendance of all students which can be supplied to the Border and Immigration Agency upon request; or
• A private-education institution; or
• An independent fee-paying school. Such institutions are required to maintain records of enrolment and attendance of all students which can be supplied to the Border and Immigration Agency upon request.

You are also required to demonstrate that you intend following:

• A recognised, full-time degree course; or
• A course which is run during the week that requires an absolute minimum of fifteen hours of organised daytime study per week; or
• A full-time course of study at an independent fee-paying school.

It is essential to the success of your application that the following requirements are also met:

• You intend to leave the United Kingdom at the end of your studies*
• You do not intend to engage in business
• You do not intend to take employment, except for part time work of no more than 20 hours per week during term time
• If you are studying at a private institution providing external qualifications, that you are registered with the qualification awarding body
• You are able to meet the costs of your course and other living expenses in the United Kingdom for yourself and any dependants coming to the UK with you without the requirement for public funds

From 1st September 2007, Entry Clearance (link to entry clearance pages. To follow) as a Student must be obtained prior to travelling to the UK for the purposes of study for all nationalities unless the following applies:

Overseas nationals currently in the United Kingdom with leave to remain as a work permit holder, as a sabbatical officer, as a Fresh Talent: Working in Scotland scheme participant and those here with leave under the Science and Engineering Graduates Scheme (or, the current replacement scheme, the International Graduates Scheme) are allowed to switch into the student category provided they are studying at degree level or above and meet the Immigration Rules.

A new entry clearance (visa) category of student visitor was introduced on 1st September 2007 for short term students who come to the United Kingdom to study on courses of six month duration or less.

* you may be allowed to switch to another UK immigration employment based category such as a work permit, HSMP without leaving the country, upon the successful completion of your course.

Dependants

As a student, your spouse or civil partner and any of your children under the age of 18 can come to the UK with you during your studies.

The requirements which must be met by your spouse or civil partner to enter the United Kingdom in this capacity are:

• They are married to, the civil partner or child of you; and
• For children they are unmarried; and
• They intend to leave the UK at the end of the leave granted (unless you qualify to remain in an employment based category and are remaining with you as outlined above); and
• They do not intend to take employment unless your stay in the UK as student is granted for 12 months or more when employment is permitted on a full time basis for the spouse or civil partner; and
• You and/or your spouse, civil partner or children can be maintained in addition to your own maintenance without the requirement for public funds. This includes suitable accommodation for you both at the same residence.

General

There is no specific duration for the grant of student visas, however, visas for students are usually granted for an initial period of 12 months to establish progress on the course for which you are enrolled.

In some cases, a student visa extension can be applied for by applying for Further Leave to Remain (FLR) where a further period of time is required to complete the qualification or you are applying to study towards another qualification.

Student Visitor

This new student visitor category was introduced on 1st September 2007 and affects those who would have normally entered the UK as visitors for short term studies in the UK. Those completing short term studies would be studying a course of study of under six months and do not intend on taking part time employment in the UK or looking to extend their stay in the UK at the end of their studies.

Student visitors are required to study at an institution which is included on the Register of Education and Training providers and would be expected in addition to being accepted on a course of study on the register, to meet the requirements of the immigration rules relating to visitor visas. On this basis, your leave in the UK under this category would be considered as a period of stay as a visitor removing the ability to switch in to any other immigration category.

The maximum period of stay in the United Kingdom under this category is six months and there is no ability to extend your leave as a student visitor on completion of the six months stay.

Visa nationals will need to apply for prior Entry Clearance at their nearest British visa processing post prior to travelling to the UK for this purpose.

Non visa nationals can, as with a visitor visa apply on entry providing they can demonstrate to the Immigration Officer on arrival that they have been accepted on a course of study which is on the Register of Education and Training Providers and meet all other rules in relation to entry as a visitor.

Ambler Collins can assist you in obtaining your Entry Clearance application to study and can help you to extend your stay in the United Kingdom once here. Contact us at info@amblercollins.com or phone +44 (0)20 7371 0213

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