Tier 4 Student visas

Tier 4 of the Points Based System (PBS) is a scheme which replaces the Student visa category. It became a very complex area of immigration law and it is difficult to follow the overly strict and detailed requirements contained in the ever changing Guidance.

The immigration specialists at Mulberry Finch have a wealth of experience in preparing successful Tier 4 applications and challenging those wrongly refused.

Who can apply?

The Tier 4 General Student category is designed for people who wish to study in the UK and are over 16 years of age.

What type of study is permitted?

In order to apply for a Tier 4 General Student visa, you must be enrolled on a full time course that leads to an accredited qualification and is at the appropriate level. The acceptable levels of courses are as follows:

• Level 3 or above of the National Qualifications Framework (NQF) in England, Wales and Northern Ireland. Please note that if your course provider is not classed as a Highly Trusted Sponsor the level of your course would need to be of at least level 4 NQF.
• Level 6 or above of the Scottish Credit and Qualifications Framework (SCQF) in Scotland.
• English Language course at level B2 or above of the Common European Framework of Reference for Languages. Level B2 corresponds with IELTS 5.0 - 6.0.
• English Language course at any level, where a student is sponsored by a government.
• Courses with work placement, where the placement does not exceed 50% of the course and is assessed as part of the course. These coursed can only be offered by Highly Trusted Sponsors.

Please note that if you are over 18 years old, the total amount of time spent in the UK studying at below Bachelor level cannot be more than 3 years. For example if you arrived in the UK at the age of 15 and studied for GCSE or A levels, you will not be granted any more time to complete these studies. You can only apply to study Bachelors degree or higher. There are numerous exceptions to this rule, especially with regards to people who were already on a Student visa before 31 March 2009.

Contact one of the experts at Mulberry Finch to find out whether you fall into one of the exceptions.

The length of leave granted

When your application is successful, you will obtain leave to remain in the UK for the duration of your studies plus extra time, depending on the type and length of your course. There are certain rules which prescribe when you can arrive in the UK after your visa has been granted. Generally speaking if your course is six months or longer you can arrive in the UK up to one month before the start date of the course. Otherwise you will need to arrive no more than 7 days prior to your course start.

Conditions of your stay in the UK

1. No recourse to public funds - you will not be allowed to claim any state benefits;
2. Registration with the Police, if this requirement is imposed on your visa;
3. No study other than at a course for which the visa was granted. However, you are allowed to take up additional study, such as an evening course, as long as this does not interrupt your main course;
4. Employment is allowed only in limited circumstances. Students at a degree level or above can work part-time during their term time, but no more than 20 hours per week. During vacation they can take up full time employment. Those studying at a below degree level can work during their term time for only 10 hours per week and full time during vacations.

Indefinite Leave to Remain

The Tier 4 visa generally does not lead to settlement in the UK. However, if you have spent a continuous period of 10 years lawfully in the UK, you may be eligible to apply for settlement.

Switching into a different category

Once in the UK as a student, you might be able to apply for a variation of your leave into a different category. You may qualify for switching from Tier 4 General visa into other tiers in the Points Based System (Tier 1 General Skilled visa, Tier 2 - employer sponsored visa). The rules on variation of leave are very complex. It is therefore advisable to contact a lawyer before you make your decision to switch into a different category, especially if you plan to remain in the UK for the long term with a view to settlement. Mulberry Finch can offer you long term strategic immigration planning advice.