The New Student Rules

The New Student Route

On 10th September 2020, the government laid before parliament changes to the Immigration Rules which take effect from 5th October 2020. The new rules can be found here. Student and Child Student routes replace the Tier 4 (General) and Tier 4 (Child Routes). The new rules are set out in Appendix ST: Student and Appendix CS: Child student. These need to be read with three more appendices: Appendix ATAS, Appendix English Language and Appendix Finance

The existing Tier 4 (General) and Tier 4 (Child) routes will be closed to new applications from 5th October 2020 at 0859 after which, even if an applicant’s Acceptance of Studies was issued under the old rules, the application will be considered under these new rules.

Looking at the positives:

More generous provision in meeting the English language requirement in that applicants who have successfully met the English language requirement in a previous application made inside or outside the UK do not have to meet the English Language requirement again in a further Student application. Applicants can rely on a GCSE/A level or Scottish Higher in English language or literature gained while at school in UK and under the age of 18. Malta is added to the English language country list.

More generous switching is allowed. Applicants in any Immigration category can switch in to the new Student category except visitors, short term students, parents of a child student, seasonal workers, domestic workers in a private household or those with leave outside the Immigration rules.

More flexibility on where maintenance funds can be held in that a wider range of accounts are now acceptable provided that the funds can be immediately withdrawn. Significantly, where an applicant has met the maintenance requirement on their current route, they no longer require to do so again if they have been supporting themselves in the UK for a year.

Nationals of certain countries will be able to rely on reduced documentation to satisfy the requirement of the rules. This now applies to nationals of all EEA countries and Switzerland and a list of further countries which can be found at Rule ST 22.1. These applicants are not required to submit evidence to show that they meet the financial requirement or provide their academic qualifications used to obtain an offer of study (but the Home Office do have the right to ask for this evidence) In addition EEA and Swiss nationals, and nationals of USA, Canada, Australia, New Zealand, Japan, Singapore, and South Korea will be exempted from the Academic Technology Approval Scheme

The definition of partner has been expanded and includes fiancé or proposed civil partner and time limits for those studying at postgraduate level have been removed.

Students applying under the new route from outside the UK will now have up to 6 months to do so prior to the start of their course rather than 3 months.

On the other hand, those overseas students who are going to find themselves in a more complicated immigration position are nationals of the EEA. Pre BREXIT they benefited from freedom of movement in deciding where to study. For EEA nationals, the new student route will take effect for applications made in the UK on or after 1st Jan 2021. EEA nationals outside the UK can apply under the new route from 5th October 2020 for entry to the UK from 1st January 2021. EEA students who are in the UK by 31st December 2020 would be strongly advised to apply to the EU Settlement Scheme and apply for either leave to remain or indefinite leave to remain under the scheme because the application is free, is a route to settlement and they will be able to switch education provider easily because they do not need a sponsor.

What makes an application “valid” has also changed under the new rules and “validity” is a key concept in immigration law. The new appendices are written in such a way that there are additional requirements to making a valid application. Normally submission of a valid passport and enrolling biometrics together with payment of the fee is sufficient for an application to be valid. To make a valid application, the applicant must also produce a Confirmation of Acceptance of Studies. The application will not be valid if an applicant is attempting to switch from an Immigration route where that route precludes the applicant from applying to switch into student permission to stay. The applicant must have the required consent from a government or international sponsorship agency at the date of application (where this applies)

Please do get in touch with the Immigration team at Drummond Miller if you require more advice on these new rules.