New Student and Child Student Rules

New Student and Child Student routes will replace the current Tier 4 Scheme on 5 October 2020. The definitions of ‘Student’ and ‘Child Student’ will include reference to ‘Tier 4 (General)’ and ‘Tier 4 (Child) students’ respectively. Please note that EU students will also need to apply under the Student rules after the Brexit transition period comes to its end on 31 December 2020.

Under the new Student and Child Student routes, individuals will be able to apply for “permission” to remain in country to study, unless they were  previously granted leave as a visitor, or a short-term student or outside the Immigration Rules.

In addition, migrants will not be able to switch in-country if  they were granted leave as a Parent of a Child Student, a Seasonal Worker, or as a Domestic Worker in a Private Household.

Under the current Tier 4 category, there is eight-year time limit on studying courses at postgraduate level. However, this limit will be removed under the new Student visa route (although they will need to show academic progression). Our understanding is that there will still be a 5 years limit for undergraduate courses.

A significant change is that if the applicant is switching from other categories to the new Student route in country, he/she will not be required to provide evidence of the maintenance funds as long as they have already resided in the UK for more than one year under their current visa.

Another important change is that individuals will be allowed to submit their application up to 6 months before the course starts. Currently the CAS is valid for 6 months but a student would be only allowed to apply 3 months prior to the start of the course.

Changes on English language and Financial requirements

Under the new scheme, migrants will need to score 70 points: Study (50 points), Financial (10 points) and English language (10 points).

The changes of English language and financial requirements as below:

  1. Applicants only need to show the required level of English language to the Home Office once;
  2. Update the majority speaking English language country list to include Malta and Ireland (where, for example a non-Irish national has a degree from an Irish university they can rely on this to show their English language ability);
  3. Allow applicants who have gained GCSE/A’Level or Scottish Highers in English while at school in the UK to rely on this to prove their English language ability, replacing the ability of Child Students to rely on 6 months in the UK to prove English;
  4. Applicants who have met the maintenance requirement on their current route are not required to satisfy this again and provide the mandatory evidence if they have been supporting themselves in the UK for more than a year;
  5. Allow migrants to rely on electronic bank statements and on a wider range of accounts.

Contact Our Immigration Team

For expert advice regarding any aspect of UK immigration, please contact our team on 0203 384 3075.

 

 

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