High Court Rules on English Language Course Requirements

Earlier this year, the then Home Secretary published the latest revision of the Tier 4 Sponsor Guidance. In doing so, he took the controversial step of raising the standard of English language a student must possess in order to come to the UK to study English. This raise was from an elementary to intermediate level (from Common European Framework of Reference for Languages level A1 to B1).

The potential impact of this change on educational providers across the UK in drastically curtailing those courses they could offer to international students, was felt immediately. Unsurprisingly, the decision was promptly challenged on the grounds that the ‘guidance’ lacked any legal footing, as it did not form part of the Immigration Rules. This challenge resulted in a ‘stay’ on the enforceability of this new measure in the guidance. The decision today – marking the end of the stay – has resulted in a return to the position before the latest guidance was published: Tier 4 sponsors may offer A2 English language courses, to be applied with immediate effect.

The ruling comes in the wake of another landmark High Court ruling, Pankina and others, which was also concerned about the legality of guidance provisions in relation to the Immigration Rules. Both cases are clear in their conclusions: that any material change to the criteria established in the Immigration Rules must be done so through a change in the rules; not through a change in the guidance.

The importance of today’s ruling is difficult to overstate: the cloud of uncertainty shadowing many Tier 4 sponsors, as to the financial viability of their businesses, has evaporated. Or has it? For now, at least, business resumes as usual, but the cloud may just have relocated to the horizon. After all, the Home Secretary changed the guidance for a reason. The question now is whether the Home Secretary – having been scolded by the High Court in quick succession – reattempts to implement the ‘material changes’ by revising the Immigration Rules. The answer: watch this space.