Tier 4 visas – English language course requirements change

The changes to the Tier 4 General Student visa scheme which were introduced on 3^rd March 2010 include very controversial moves to raise the eligibility requirements for English language courses on offer to overseas students. The effect of these changes is that overseas students wishing to study English in the United Kingdom must already have quite advanced English language skills. The level was raised from A2 to B2 of the Common European Framework of Languages (equivalent to approximately 4.0 IELTS).

The Labour government justified this move by arguing that the “student route” was the most abused scheme in the whole immigration system and that it serves as a gateway for illegal migrants. By raising the qualifying levels for  English language courses, the government intended to sift out the genuine students from those seeking any form of entry into UK in order to take up employment. However, the government did not provide an evidence-based assessment of the effect the changes would have on effective immigration control. The move has been criticised as being based on assumptions and stereotypes with the real purpose behind it being to simply limit the number of successful applications. Certainly, the government does not seem to have factored into its assessment that the English language teaching industry along with the students who come into the country to benefit from it, is a commodity which greatly contributes to the UK’s Gross Domestic Product. The move therefore is even more controversial in these times of economic crisis. The European Commission has conducted studies which have shown the economic crisis has had minimal impact on the language teaching industry, and on the contrary, it shows viable prospects of healthy growth for the coming years. It is not clear why the UK government therefore would participate in action which stagnates the potential of businesses that have real prospects of growth.

Now that the election is over, the Court of Appeal will investigate those changes in an action for judicial review brought by English UK – an association of English language teaching members. At the preliminary hearing the Court allowed the action as it could not see a reasonable justification for the changes. The full hearing is scheduled for the end of June. The irrationality of the Home Office decision is one of the grounds brought against the changes. There are also other legal issues involved in this case, which might have an impact on the whole Points Based System.