The applicant for a student visa must show:

 

• acceptance on a course of study at an educational institution that is listed on the Department for Education and Skills' Register of Providers (which can be searched at this website: www.dfes.gov.uk/providersregister) and is either
  1. a publicly funded institution of further or higher education,
      
  2. a bona fide private education institution, or
      
  3. an independent fee-paying school
     
      
• ability and intention to follow either
  1. a recognised full-time degree course,
      
  2. a weekday full-time course at one institution with a minimum of fifteen hours of organised daytime study of one subject or related subjects, or
      
  3. a full-time course at an independent fee-paying school
      
•  
• enrolment for studies which meet the requirements of the Education Act 1944 if under the age of 16
   
• that he intends to leave the UK at the end of his studies
   
• that he does not intend to engage in business or take employment without the consent of the Secretary of State
   
• that he can meet the costs of the course and accommodation and maintenance without recourse to employment, business or public funds.

Any prospective earnings from employment should not be taken into account when assessing ability to maintain without recourse to public funds. The only exception to the above is if the part-time work is guaranteed at a publicly funded institution of further or higher education at which the student is studying.

The application is made on VAF3 form.

Although employment is prohibited without permission from the Home Secretary all students are automatically granted permission to work if they are granted more than six months leave to enter/remain as a student.

Generally, students over the age of 16 may take part-time or vacation work without needing to seek the permission of the local Jobcentre. Similarly they will be able to take up work placements which are part of a sandwich course or to undertake internship placements without the need to obtain permission from Work Permits (UK).

Students should not work for more than 20 hours a week during term time, except where a work placement meets the definition of a sandwich course or internship.

A student must not engage in business, self-employment or the provision of services as a professional sports person or entertainer. A student is not permitted to pursue a career by filling a permanent full-time vacancy.

An student or potential student who is refused entry clearance as a student, which is for a course on which he has been accepted and is for more than 6 months, is entitled to appeal against the decision from abroad. If it is for less than six months or the student has not been accepted on a course at all, he or she has no right of appeal except on human rights or discrimination grounds.

* It is important to note that should an individual with "ILR" remain absent from the UK for 2 consecutive years, the ILR status is likely to lapse.

Generally a student can extend his or her stay. Evidence of satisfactory progress and regular attendance must be demonstrated. If the course includes examinations, these examinations must be passed for this requirement to be met.

The only circumstances where it is now possible to switch into the student category from another category, such as visitor, is for a non-visa national accepted onto a degree-level course of study.

All students are apparently required to show that they intend to leave the UK on completion of their studies; however, students are allowed to transfer into work permit employment provided that they entered the UK as a student and that they have a degree from a bona fide educational institution. If the ECO is satisfied that an applicant intends, and is able, to follow a chosen degree level course, it should be assumed that there is a reasonable prospect of success in their studies and consequent eligibility for employment. In such cases the intention to leave requirements should be disregarded, and considerations should concentrate on the other aspects of the Rules, with particular emphasis on the applicant's ability and intention to follow the course of study.

Do I need a visa to study in the UK?

You will need a visa if you:

• are not an EEA national;
   
• are stateless (you don't have a nationality);
   
• hold a non-national travel document, or
   
• hold a passport issued by an authority that is not recognised in the UK.
   

What is meant by adequate maintenance?

Providing the level of maintenance is broadly equivalent to that of a person receiving income support and the associated benefits that normally accompany it (e.g. housing benefit, council tax relief, free school meals) then that will be considered to be adequate for the purposes of the immigration rules.

Maintenance can usually be provided by a third party sponsor such as a relative. However, third party support is not permissible in child cases.

What is meant by adequate accommodation?

Accommodation must be adequate for the person coming to the UK other than in the student category. For people seeking entry on a long-term basis there are two main considerations:

1. the sponsor/applicant must 'own or exclusively occupy' the proposed accommodation in family cases. Accommodation can be shared with other members of a family provided that at least part of the accommodation is for the exclusive use of the sponsor and his dependants. This may be as small as a separate bedroom but must be owned or legally occupied by the sponsor.
    
2. the proposed accommodation must not be overcrowded once the applicant arrives. A room must have a floor area larger than 50 Sq. ft. and normally used as a bedroom or living room. It relates number of rooms to number of persons, allowing for the fact that children aged between 1 and 10 years only count as half a person: 1 room = 2 persons, 2 rooms = 3 persons, 3 rooms = 5 persons, 4 rooms = 7.5 persons, and 5 rooms = 10 persons.
    

What is meant by Public Funds?

Under the Immigration Rules, if you want to travel to the UK you must be able to support yourself and live without claiming certain benefits.

Public funds are income-related benefits paid by the state. These include:

1. Housing - accommodation as a homeless person and accommodation from a local authority register;
    
2. Benefits - income support/Income-based Jobseeker's Allowance, Housing Benefit, Council Tax Benefit, Attendance Allowance, Severe Disablement Allowance, Carer's Allowance, Disability Living Allowance, State Pension Credit, Child Tax Credit and Working Tax Credit.
    

Social housing, education, health care and benefits paid as a result of contributions such as incapacity benefit or contributory job seekers' allowance are not considered to be a public funds for the purposes of the Immigration Rules.

Can my family come with me?

The rules provide for the spouse and children of a student or prospective student to join the student or prospective student in the UK. They must show that:

• the couple are married
   
• the marriage is subsisting
   
• there will be maintenance and accommodation without the need for public funds
   
• they only intend to take employment as permitted under the rules
   
• any children are under the age of 18 and have not formed an independent family unit
   

Employment is usually permitted where the student whom the spouse is joining has or is given leave to remain for twelve months or more.
 

NB: NEW 5 TIER SCHEME

Five tier points based system

The five tier managed migration plan is intended to consolidate the various employment, self employment and study schemes into one application process that will be based on objective criteria and a points system. It is currently being phased in.

The five tiers are:

Tier 1 - highly skilled workers, for example scientists and entrepreneurs;
Tier 2 - skilled workers with a job offer, for example teachers and engineers;
Tier 3 - low skilled workers filling specific temporary labour shortages, for example construction workers for a particular project;
Tier 4 - students;
Tier 5 - youth mobility and temporary workers for example musicians coming to play in a concert.

When will the system be introduced?

Tier 1 is now fully open.

Tiers 2 and 5 will open at the end of November 2008. Employers who want to be able to bring in migrant workers when tiers 2 and 5 open at the end of November 2008 should apply for a sponsor licence as soon as possible. You must apply no later than 1 October 2008.

Tier 3 is currently suspended.

More details about the opening date for applications under tier 4 will be announced in October 2008.

Students will require a sponsoring institution and their leave will be linked to that sponsor, enabling them to change course but not to change sponsor without a further application. The sponsor will assess suitability for the course, not the ECO.