As of 5th October 2020, the Tier 4 routes for students will be replaced by the Student and Child Student route (Student routes). These changes are in line with the Government’s plan to create a global visa system which applies equally to individual coming to UK to study, and this includes EEA nationals.
The main differences between the Tier 4 routes and the Student routes are outlined below:
- EEA
nationals will be incorporated into a global application system. EEA nationals
will be required to meet the same requirements to study within the UK as
non-EEA nationals and will need to apply under the Student rules;
- There are increased switching permissions within the study route and increased switching between routes within the Points Based Immigration System. Students will be able to apply for further permission from within the UK, provided they meet the Academic Progression requirement and the new course of study commences within 28 days of the expiry of the current leave. Under the Tier 4 route, to be able to apply for further leave in country, a Tier 4 (General) student must have last been sponsored by a higher education provider with a track record of compliance, overseas higher education institution, embedded college offering pathway courses or an independent school. A Tier 4 (Child) student must have last held leave as a Tier 4 Migrant. Under the Student and Child Student routes, applicants will be able to apply for further permission to stay in the UK to study under Student Routes, unless they last held leave as a visitor; or a short-term student; or granted outside the immigration rules. Additionally, a migrant cannot apply if they last held leave as a Parent of a Child Student; a Seasonal Worker; or as a Domestic Worker in a Private Household. These applications will be rejected rather than refused if they do not meet this requirement;
- The eight-year time limit on studying courses at postgraduate level has been removed. There is no longer a limit on the time that an individual can spend studying postgraduate courses;
- Applicants who apply for permission to stay in the UK will not be required to provide evidence of maintenance funds when they have spent longer than one year in the UK on their current visa;
- Students at higher education providers with a track record of compliance will not routinely be required to provide evidence of academic qualifications used to obtain the offer of sponsorship;
- Students who will be applying for leave as a Student Union Sabbatical Officer or to study on a recognised Foundation Programme will not be required to prove evidence of maintenance funds, as it is accepted that these individuals will be earning an income during the validity of their visas.
A simplified rule on English Language and Finance applies as well but this is only for new Student and Child Student routes at this stage. Some of the changes includes:
- ensure applicants only need to prove the required level of English language to the Home Office once;
- 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);
- 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;
- no longer require applicants who have met the maintenance requirement on their current route to meet it again if they have been supporting themselves in the UK for more than a year;
- allow applicants to rely on electronic bank statements;
- allow applicants to show they meet maintenance requirements by relying on a wider range of accounts.
Other changes include a reduced documentary evidence list where the applicant is a national from part of EEA and Switzerland.
SINCERE IMMIGRATION