idi c2 visit student visitors

7/27/2019 IDI C2 Visit Student Visitors

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of 22 Guidance – Student visitors – version 6.0 Valid from 19 March 2013

Student visitors

This guidance is based on the Immigration Rules



of 22 Guidance – Student visitors – version 5.0 Valid from 16 October 2012

Student visitors

About this guidance About this guidance

Key facts

Entry or extension

requirements

Granting or refusing

Immigration Rules, paragraphs 56K – 56M

This guidance tells you how to consider applications from a student visitor under paragraphs56K-56M of the Immigration Rules.

For more information, see related link: Immigration Rules – paragraphs 40-56Z.

There are no provisions within the Immigration Rules to grant:

indefinite leave to remain (settlement) in any of the visitor categoriesentry to the UK as a dependant of a visitor. A dependant or family member will need toqualify in their own right in one of the visitor categories.

From 10 January 2011 for a limited period, you can grant leave outside the rules for applicants genuinely seeking entry as a student visitor to do a course in English languageonly. This can be longer than six months but no more than 11 months. The applicant muststill meet all other requirements of the student visitor category. For more information seerelated link: Student visitor – English language concession.

Changes to this guidance – This page tells you what has changed since the previousversion of this guidance.

Contact – This page tells you who to contact for help if your senior caseworker or linemanager can’t answer your quest ion.

Information owner – This page tells you about this version of the guidance and who owns it.

Prospective studentsThis guidance does not cover prospective students. A prospective student is a person whointends to undertake studies in the UK, but does not have complete arrangements for their

In this section

Changes to this

guidance

Contacts

Information owner

Related links

Student visitor – English

language concession

Links to staff intranetremoved



Key facts: Student visitorsThis page lists the key facts extracted from the guidance on student visitors as described inparagraphs 56K – 56M of the Immigration Rules.

Category: Student visitors

Eligibility requirements The applicant must:

leave the UK at the end of the period of the visitmaintain and accommodate themselves and anydependants without using public fundsmeet the cost of the return or onward journey.

The applicant must have been accepted on a course of studywhich is to be provided by an institution which is one of thefollowing:

the holder of a s ponsor license for Tier 4 of the points-based system (PBS)

the holder of valid accreditation from either AccreditationUK, the Accreditation Body for Language Services (ABLS),the British Accreditation Council (BAC) or the Accreditation

S i f I i l C ll (ASIC)



intend to give notice of marriage or civil partnershipintend to receive private medical treatmentbe in transit to a country outside the common travel areado any of the activities of a business, sports or entertainer visitor.

From 10 January 2011 for a limited period, you can grant leaveoutside the rules for applicants genuinely seeking entry as astudent visitor to do a course in English language only. Thiscan be longer than six months but no more than 11 months.The applicant must still meet all other requirements of thestudent visitor category.

Application forms Applications made outside the UK – VAF1A

Cost of application: Fees for UK Border Agency services (Links to staff intranetremoved)

Entry clearance mandatory? Only for visa nationals or all applicants using the concession for English language studentsIs biometric informationrequired for applicationsmade in the UK?

Not applicable

Code of leave to enter granted

Normally Code 5N for six months.Otherwise Code 3 for less than six months and you must note reasons on the reverse of the landing card

E l C VISIT STUDENT 6 MONTHS CODE 3



of 22 Guidance – Student visitors - v6.0 – valid from 19 March 2013

Student visitors

Changes to this guidance About this guidance

Key facts

Entry or extension

requirements


This page lists the changes to the student visitor guidance, with the most recent at the top.

Date of change Details of change19 March 2013 Six month review by the modernised guidance team:

Minor housekeeping changes.

16 October 2012 Change request:

Key facts:o ‘Eligibility requirements’, ‘The applicant must ha ve

been accepted on a course of study which is to beprovided by an institution which is’ ‘one of thefollowing’ has been added.

1 October 2012 For the 1October 2012 changes you will need to accessversion 4.0 which is now archived. See related link: Studentvisitors – archive.

14 August 2012 For the 14 August 2012 changes you will need to access

version 3.0 which is now archived. See related link: Studentvisitors – archive.

16 February 2012 For the 16 February 2012 changes you will need to accessversion 2.0 which is now archived. See related link: Studentvisitors – archive.

Related links

Key facts

Entry or extension

requirements

Qualifying educational

instructions

See also

Contacts

Information owner





02 August 2011 Completely revised by the non- PBS operational policytemporary migration team and the modernised guidance team




Student visitors

Entry or extension requirements About this guidance

Key facts Entry or extensionrequirements


This section tells you the requirements the applicant must meet to gain leave to enter or

extend as a student visitor.

All visa nationals and those applying for entry for six months or more will require entryclearance. For a list of countries whose nationals need visas, see related link: ImmigrationRules: Appendix 1.

When considering an application you must check that:

the application is validthe applicant's passport or travel document is genuinethe applicant meets the requirements of the categorythere are no general grounds for refusal.

For more information, see related links:

Specified application forms and proceduresPassports and travel documentsGeneral grounds for refusal.

Requirements for a grant of leave under the Immigration RulesUnder paragraph 56K of the Immigration Rules, a student visitor must:

leave the UK at the end of the period of the visitmaintain and accommodate themselves and any dependants without using publicfundsmeet the cost of the return or onward journey

The student visitor must have been accepted on a course of study which is to be provided

In this section

Qualifying educationalinstitutions

Genuinely seeking entryas a student visitor

Student visitor – Englishlanguage concession

Links to staff intranet

removed




be in transit to a country outside the common travel areado any of the activities of a business, sports or entertainer visitor, for more informationon these categories see related links:o Business visitorso Sports visitorso Entertainer visitors.

English language concessionFrom 10 January 2011 for a limited period you can grant leave outside the rules for applicants genuinely seeking entry as a student visitor to do a course in English languageonly. This can be longer than six months, but no more than 11 months. The applicant muststill meet all other requirements of the student visitor category. For more information seerelated link: Student visitor – English language concession.

Changing course of study

A student visitor can change their course of study within the Immigration Rules.No extension of stay for student visitorsThe Immigration Rules do not allow student visitors to be granted an extension of stay after entry.




Student visitors

Qualifying educational institutions About this guidance

Key facts

Entry or extensionrequirements


This page tells you how to establish if an educational institution meets the requirements for

this category.

Paragraph 56K (ii) of the Immigration Rules states an applicant must be accepted on acourse of study provided by an institution which must be one of the following:

The holder of a sponsor licence for Tier 4 of the points-based system (PBS). Seerelated link: PBS licensed sponsors.

The holder of valid accreditation from either Accreditation UK, the Accreditation Bodyfor Language Services (ABLS), the British Accreditation Council (BAC) or the

Accreditation Service for International Colleges (ASIC).The holder of a valid and satisfactory full institutional inspection review or audit by oneof the following bodies:o Bridge Schools Inspectorateo the Education and Training Inspectorateo Estyno Education Scotlando the Independent Schools Inspectorateo Office for Standards in Educationo the Quality Assurance Agency for Higher Educationo the Schools Inspection Service, or o the Education and Training Inspectorate Northern Ireland. Or An overseas higher education institution offering part of their programmes in the UK,holding their own national accreditation and offering programmes equivalent to UKdegree level. The institution must be recognised by UK NARIC in order to be approvedby the UK Border Agency. See related link: UK NARIC.

For the websites of accredited institutions, see related links

In this section







Student visitors

Genuinely seeking entry as a student visitor About this guidance

Key facts



This page tells you how to establish if an application from a student visitor is genuine.

Paragraph 56K(i) of the Immigration Rules requires an applicant to be seeking entry to theUK as a genuine student visitor.

The applicant must state how long they intend studying in the UK.

You must be satisfied that the applicant:

Is giving a true account of what they intend to do during their stay in the UK.Is giving a true account of the length of time they will stay here.Is genuinely planning to attend a qualifying educational institution. See related link:Qualifying educational institutions.Intends to undertake a short course or period of study which will be completed withintheir stay.

Applicants wishing to enrol on a course of study that:

requires them to stay in the UK for more than six months at one time, or that includes work experience or a work placement

must apply under Tier 4 of the points-based system. For more information, see related link:

Tier 4 level 4 migrant guidance.Distance learners, studying overseas for UK qualifications, who need to visit the UK for classes or revision sessions can be considered under the student visitor category. Anexample of this might be where a course is longer than six months, but each period of studyin the UK is less than six months.

In this section







Student visitors

Student visitor – English language concession About this guidance



This page tells you about the concession for a student visitor coming to the UK to do an

English language course.Paragraph 56K(i) of the Immigration Rules requires an applicant to be seeking entry to theUK as a genuine student visitor for no longer than six months.

From 10 January 2011 for a limited period, you can grant leave outside the rules for applicants genuinely seeking entry as a student visitor to do a course in English languageonly. This can be longer than six months but no more than 11 months. The applicant muststill meet all other requirements of the student visitor category.

For the purposes of this concession, an ‘English language course’ is defined as a course

where a student is learning English as a foreign language. Mixed courses with only aportion of time spent learning English will not be appropriate for a grant of leave outside therules under this concession.

If non-visa nationals wish to undertake an English language course that is for longer than sixmonths they must get entry clearance before they take the course.

A visitor must register with the police if they are coming to the UK for longer than six months,are aged 16 or over, and are either:

a national or citizen of a country or territory listed in Appendix 2 of the ImmigrationRulesa stateless person, or a person holding a non-national travel document.

For more information about police registration and who is required to register, see relatedlink: Police registration.

In this section







These applications can be decided by entry clearance officers and do not need referring tothe referred casework unit.




Student visitors

Grant or refuse entry clearance About this guidance

Key facts



This page tells you about granting or refusing an application for entry clearance in the

student visitor category.Grant entry clearanceYou must grant entry clearance if the applicant:

meets all the requirements of paragraph 56L of the Immigration Rules, andnone of the general grounds for refusal in paragraphs 320 to 324 apply.

Length of leaveUp to six months with the endorsement code C: VISIT: STUDENT: 6 MONTHS: CODE 3.

Six to 11 months (English language concession) with the endorsement D: STUDENT LTE11 months code 3 with the additional endorsement field: “Visit – Study English LanguageOnly’

The endorsement must be valid from the date the applicant intends to travel to the UK.

Refusing entry clearanceWhen the applicant has not provided the required evidence that they meet all therequirements of the paragraph 56K, or if any of the general grounds for refusal in paragraph320 apply, you must refuse the application.

In this section

Grant or refuse entry atUK port

Grant or refuseextension of stay in theUK





Student visitors

Grant or refuse entry at UK port About this guidance

Key facts



This page tells you about granting or refusing an application for entry at a UK port in thestudent visitor category.

Granting leave to enter Before you grant leave to enter, you must be satisfied that:

the applicant has valid entry clearancethere are no reasons to believe the applicant gave false information to obtain the entryclearance nor that circumstances have changed since it was issued, andnone of the general grounds for refusal in paragraphs 320 to 321 of the ImmigrationRules apply.

Non visa nationalsIf you are satisfied that the person meets all the requirements you must grant leave to enter for up to six months with employment prohibited using code 5N. Use code 3 only wherethere are doubts about the person but not enough evidence to refuse leave to enter.

Visa nationalsIf you are satisfied that the person meets all the requirements, endorse the entry clearancewith an open date stamp and record on the landing card with the code VPC.

Length of leave

For six months.Six to 11 months (English language concession).

Refusing leave to enter You must refuse leave to enter as a student visitor if:

In this section

Grant or refuse entryclearance

Grant or refuseextension of stay in theUK





a visa national does not have an entry clearancethe applicant has not provided the required evidence that they meet all therequirements of paragraph 56L of the Immigration Rules, or any of the general grounds for refusal in paragraphs 320 to 321 apply.

For more information on general grounds for refusal, see related link.




Student visitors

Grant or refuse extension of stay in the UK About this guidance



This page tells you about granting or refusing an application for an extension in the studentvisitor category.

Refuse extensionThere are no provisions in the Immigration Rules for extensions of leave as a student visitor to be granted. You must refuse any extension under paragraph 322 (1) of the ImmigrationRules.

In this section

Grant or refuse entryclearance

Grant or refuse entry atUK port





Student visitors

Contact About this guidance



This page tells you who to contact for more help with a specific case in the student visitor category.

If you have read paragraphs 40-56M (visitors) of the Immigration Rules as well as thisguidance and still need more help with this category, you must first ask your senior caseworker or line manager.

If the question cannot be answered at that level, you may email:

Non-points-based system (PBS) operational policy team, for guidance on the policy.See related link.

Entry clearance officers can email UKBAIG ECO support.

Border force officers can email border force policy implementation, see related link:Email: BFPI enquiries.

Changes to this guidance can only be made by the modernised guidance team (MGT). If you think the policy content needs amending you must contact the non-points-based system(PBS) operational policy team, who will ask the MGT to update the guidance, if appropriate.

The MGT will accept direct feedback on broken links, missing information or the format, styleand navigability of this guidance. You can send these using the link: Email: Modernisedguidance team.

Related linkSee also

Changes to thisguidance

Information owner





Student visitors

Information owner About this guidance

Key facts



This page tells you about this version of the student visitors guidance and who owns it.

Version 6.0Valid from date 19 March 2013Policy owner Non-points-based system (PBS) operational

policy team, SheffieldCleared by director Sonia Dower

Neil HughesDirector’s role Director, operational policy and rules

Director, national lead, temporary migrationClearance date 28 September 2011This version approved for

publication by

Jan Hunter

Approver’s role Acting assistant director: modernised guidanceteam

Approval date 19 March 2013

Changes to this guidance can only be made by the modernised guidance team (MGT). If you think the policy content needs amending, you must contact the non-points-basedsystem (PBS) operational policy team (see related link), who will ask the MGT to update theguidance, if appropriate.

The MGT will accept direct feedback on broken links, missing information or the format, styleand navigability of this guidance. You can send these using the link: Email Modernisedguidance team.

Related linksSee also

Changes to thisguidance

Contacts


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