The Home Office have updated their Policy Guidance, incorporating some changes to the Immigration Rules, and have added a provision for an optional post-study work visa.
While the UK academic sector has clearly had a difficult year due to the challenges posed by the COVID-19 pandemic, it is expected that the introduction of the new post-study work scheme, which is due to take effect from June 2021, will bolster the UK’s reputation as one of the world’s premier destinations for international students.
What is a Student Visa?
Student visas allow overseas students to come to the UK to study. This route requires the individual to have received a Certificate of Acceptance (“CAS”) from the academic establishment at which they will be studying. There are currently two subcategories – the Child Student visa and the Student visa:
The Child Student Visa
This visa is for children aged 4 to 17 who wish to be educated in the UK and intend to study at an independent fee-paying school. Children under the age of 16 will be granted up to six years permission to remain or the duration of their course.
If you fall under this category, you must be able to evidence the following:
- an unconditional offer on a course from the independent fee-paying school;
- the ability to meet the financial requirements;
- the consent of your parent(s) or legal guardian(s).
The Student Visa
This visa is for students aged 16 or over at the time of the initial application. This subcategory covers students for the duration of their course.
If you fall under this category, you must be able to evidence the following:
- confirmation that you have been offered a place on a course from an academic institution that has a valid sponsor licence;
- the ability to meet the financial requirements;
- the ability to meet the English Language requirement;
- the consent of your parent(s) or legal guardian(s), if you are 16 or 17 on the date of application.
It is important to note that there are restrictions on how many times you can apply under this route and how long you can remain in the UK as a student.
When should you apply and how?
- You will be able to make a Student visa application 3 months before the start date of your course.
- You will usually receive a decision within 6 to 8 weeks, subject to COVID-19 related delays.
- Once you have submitted your application, you will need to enrol your biometrics (ie: your photograph and fingerprints) by attending a biometrics appointment at your local Visa Application Centre. It is important to note that you should not travel outside the country where you have completed the submission, as the Home Office may withdraw your application.
- While unlikely, the Home Office may ask you to attend interviews to ensure that you are a genuine student and verify the credibility of your intention to study on the course.
Post-Study Work Visa
Upon completing a qualifying course and subject to meeting certain criteria, you may be eligible for a post-study work visa, now referred to as the “Graduate Visa”. This topic has been covered in our previous blog.
Tips for your visa application
- Do not leave your visa application until the last minute. You should ideally start preparing for this 3 months prior to your course start date.
- Make sure you know what the relevant course, financial and English Language requirements are.
- If you are unsure about any of the above mentioned requirements, the mandatory documents for submission or the application process – it is highly recommended that you contact your academic institution or seek legal assistance.
Gherson has extensive experience advising and assisting with Student visas and Child Student visas. Should you require any assistance, please contact us, send us an e-mail, or alternatively, follow us on Twitter to stay up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2021