To coincide with the start of the new academic year, the Home Secretary laid before Parliament more changes to the Immigration Rules affecting, among others, Tier 4 migrants.
Mark Harper (The Immigration Minister), declared in the House of Commons : "I will expand the process of genuineness assessments and interviews…………… to Tier 4 students applying for further leave to remain. I will also be replicating for Tier 4 in country extensions the existing power to refuse applications where the applicant cannot speak English". This will come into force on 1st October 2013.
Tier 4 applicants who have applied for entry clearance after July 2012 will already be familiar with this requirement set out at Paragraph 245ZV(k) of the Immigration Rules which states that: "The Entry Clearance Officer must be satisfied that the applicant is a genuine student". It is this that is extended to applications for further leave to remain. It is another move away from the objectivity of the points-based system, of which one of the stated purposes was to "replace the subjective decisions of previous routes with decisions based on transparent, objective criteria" (see the explanatory note which accompanied CM8423.) Making an application for extension under Tier 4 will no longer simply require you to demonstrate that you have the required number of points, but also will require you to produce evidence to the Home Office that your application as a student is genuine. Secondly the Home Secretary is, as somewhat bluntly stated on the Home Office website "introducing powers to refuse Tier 4 extension applications where the applicant cannot speak English." This power also comes into force on 1st October 2013.
And the changes for the better? Some evidential flexibility is being introduced for Tier 4 applicants, where an applicant under Tier 4 has failed to produce a document set out in the Immigration Rules. Again should your application be refused because of failure to produce a certain document you may want to seek advice on whether the decision maker has properly exercised their power to be "flexible" when considering the evidence you sent to the Home Office with your application.
And finally thanks to the case of R (on the application of Zhang) v Secretary of State for the Home Department, in some situations, an applicant can apply in-country as a dependent of a points-based system migrant rather than having to return home and reapply for entry clearance. There are restrictions though, and do please contact us should you want further advice on the implications of this decision.