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Tier 4 (Students)

There are two subcategories Tier 4 (General) Student and Tier 4 (Child) Student. Those in the General subcategory are students aged 16 or over. The Child subcategory is for children aged from 4 to 17 who wish to be educated in the UK.

Tier 4 (General)

The necessary points for attributes under Appendix A of the Tier 4 policy guidance, are awarded to applicants seeking entry clearance on the basis of their "Confirmation of Acceptance for Studies" which is issued by the applicant's sponsoring education provider.

Students are not required to score points for command of the English language under Appendix B, but must be proficient in English to level B2 of the Common European Framework of Reference if they are studying at degree level or above, or to level B1 if they are studying at below degree level.

There are stringent requirements to obtain the necessary points for maintenance under Appendix C, particularly if the student's course of study is in inner London.

Entry clearance is issued to applicants in the Tier 4 (General) student subcategory for the duration of the course, with a flexible period of additional leave for the period before the course. It is open to Tier 4 (General) Students to apply for further leave to remain in the UK, but by changes in the Immigration Rules (HC 1888) which are operational from 6 April 2012 the maximum amount of time for which a person may spend studying at degree level as a Tier 4 (General) Migrant has been fixed at five years (with some minor exceptions).

Tier 4 (Child)

In the case of applicants in the Child category who are under 16 years old they must be studying at a fee paying independent school. For other applicants the Confirmation of Acceptance for Studies will, as with applicants in the (General) subcategory, itself provide the necessary 30 points for attributes.

Children under the age of 16 will be granted up to six years' leave to remain or the duration of the course, plus one month before the course starts and one month after it ends. For children aged 16 or over the maximum period of leave granted is two years.

If children are to be looked after by a foster carer or a relative in the UK instead of by their parents the arrangements for their care must meet the requirements for their care which are published in the UKBA's guidance.

Family members of Tier 4 (Migrants)

Tier 4 (General) students can only be joined in the UK by their family members if they are studying at postgraduate level on a course lasting longer than 12 months, or if they are sponsored by their own national governments on courses lasting at least 6 months. The new Tier 4 rules have applied to any new student and his or her family members since 4 July 2011. There are transitional provisions for those already in the UK with leave to remain as a Tier 4 (General) student or as his or her dependant.

Statement of Changes HC 1888 has implemented stringent new provisions in the Immigration Rules whereby the leave to enter or remain granted to any Tier 4 General Student who does not turn up for the course of study for which he or she is sponsored must be curtailed.