Changes to rules for students delayed
The UK Borders and Immigration Agency (previously the Immigration and Nationality Directorate) has delayed changes to the rules on students visiting the UK. A number of changes which were originally to have come into effect on 19 April 2007 have been delayed to 1 September 2007 instead. These include the changes meaning that people intending to study in the UK need to obtain entry clearance (a visa) before they travel.
From 1 September 2007, people with visitor visas will no longer be able to study in the UK. From that date, people who wish to study in the UK for six months or less will need to obtain entry clearance (a visa) at UK consular posts abroad as a ‘student visitor’. Student visitors will not be allowed to work while they are in the UK, or to extend their stay beyond six months. If they wish to continue their studies in the UK or to start working they will need to go home and apply for new entry clearance (another visa).
Children under 18 will not be included in the student visitor category. Those who enter the UK on child visitor visas will be able to take a short course of study at a registered institution.
People who are making final arrangements for their study in the UK (‘prospective students’) will, from 1 September 2007, need to obtain entry clearance for this purpose. The Border and Immigration Agency (previously called the Immigration and Nationality Directorate), the part of the UK Home Office that deals with immigration and nationality, is limiting the circumstances in which people already in the UK with leave in another capacity can switch into staying in the UK as students.
From 1 September 2007, only work permit holders, people in the UK to resit an examination, international graduates (a new category to replace the Science and Engineering Graduate Scheme – SEGS), people in the UK under the Fresh Talent: Working in Scotland scheme and those who are sabbatical officers (people taking a year out of their studies at a UK university to undertake a role such as that of Student Union Officer) will be able to switch into the student category without leaving the UK. Other people will be expected to go home and obtain new entry clearance (a visa) as a student.
Some of the new rules will still come into force on 19 April 2007. From that date, people who are studying a UK course without having to attend the UK for lectures and teaching, for example people doing correspondence courses, will need to be registered with a UK body awarding degrees to obtain entry clearance to come to the UK in connection with their studies. Obligations on universities and other providers of education within the UK are also changing from 19 April 2007. There will be new criteria defining which institutions can be recognised as ‘bona fide education institutions’. Whether or not an institution is recognised as ‘bona fide’ (i.e. recognised on an official list as respected) is relevant to whether a successful application for a student visa to study at that institution can be made. There will also be new obligations from that date for universities and other educational institutions to keep records of the students on their courses and of attendance by these students, and to provide information to the Border and Immigration Agency.
