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Students

What are the Requirements for a Student Visa?

In order to qualify for Permission to enter or remain in the UK as a student you must fulfil the following conditions:

• You have been accepted for a course of study provided by an organisation included on the Department of Education and Trading providers which is either:
  1. A publicly funded institution of higher education; or
  2. A bona fide private education institution; or
  3. An independent fee paying school.

You can check whether the organisation at which you intend to study is included on the list of training providers by checking of the following website:
www.dfes.gov.uk/providersregister.

• You must also be able and intend to follow either:
  1. A recognised full time degree course at a publicly funded institution of further or higher education; or
  2. A week day full time course at a single institution for a minimum of 15 hours per week day time study of single subject or directly related subjects; or
  3. Full time study at an independent fee paying school.
• If you are under 16 you must show that you are enrolled at an independent fee paying school on a full time course of study;

• You must be able to show that you intend to leave the UK at the end of your studies;

• You do not intend to work save part-time or vacation work;

• You can meet the cost of your maintenance and accommodation requirements without needing to take employment or having recourse to public funds.
• If you are an external student studying a degree at a private education institution you must also be registered as an external student with the UK degree awarding body.

If you are completing a degree level course or above you will not be required to show that you intend to leave the UK at the end of your studies.

How is the Application Made?

Visa nationals and those nationals included in the list of specified nationals below who wish to come to the UK to study for more than six months will need to have an Entry Clearance Visa from a British Embassy or High Commission abroad specifically for this purpose. The only circumstances in which a visa national can switch to study in the UK is if you are applying to remain to study for post graduate medical or dental training. 'Specified nationals' are nationals of Australia, Canada, Hong Kong, Japan, Malaysia, New Zealand, Singapore, South Africa, South Korea and the USA.

Non-visa nationals seeking leave to enter for more than 6 months do not need prior Entry Clearance but will only be granted a maximum of 6 months on arrival.  However you may wish to apply for Entry Clearance where you have , for example, been previously refused entry.

If you believe you may be eligible to switch to student status from within the UK we would recommend that you obtain further advice before making your application.

What sort of Permission to Remain in the UK will I be granted?

If your application is successful you will be granted limited leave to remain in the UK to carry out your studies and will be allowed to work for up to 20 hours per week.

It may be necessary to extend your leave to remain during your stay to enable you to complete your studies. This application can be made from within the UK on Form FLR(S).

In order to extend your leave to remain as a student you will need to satisfy the Home Office that;

• You have the necessary Entry Clearance depending on your circumstances, and;
• You meet the requirements listed above; and
• You can provide satisfactory evidence of your enrolment on a course; and
• You can produce satisfactory evidence of your regular attendance during your course if it has already begun, or on a course completed in the past.
• You must also show evidence of your satisfactory progress in your course of study including the taking and passing of exams;
• You would not if your application were granted, spend more than two years on short courses below degree level; and that you have not come to the end of the period of Government or international scholarship agencies sponsorship, or you have the written consent of your official sponsor for a further period of study here and have satisfactory evidence that funding is available.

With both your application for leave to enter or your application for further leave to remain as a student you will need to provide a letter from your place of study on headed paper confirming the following:

• The type of course you are studying;
• The qualifications your studies will lead to;
• The duration of the course;
• Whether the course is full time;
• The cost;
• Whether your fees have been paid in part or full;
• The level you have reached (if you are continuing on a course).

Refusal of your application

If your application for leave to enter or remain as a student is refused you will be granted a right of appeal against this decision. Your appeal will be considered by an Immigration Judge in the UK. We can assist in preparing applications for leave to enter or remain as a student and also assist with appeals against refusal of leave.

There are also specific rules for those seeking to enter or remain in the UK as a student nurse, to write up a thesis, post graduate doctor, dentist or trainee general practitioner and doctors taking the PLAB test. Should you require further advice about this please do not hesitate to contact us.

Your family:

If your application for leave to enter or remain in the UK is successful your partner and children can apply to join or remain with you. They will need to meet the following conditions:

Your Spouse:

• You must show that you intend to live together during your stay and that your marriage is subsisting;
• That you have adequate accommodation and maintenance without recourse to public funds;
• That your spouse does not intend to take employment save as permitted; and
• That your spouse intends to leave at the end of your period of stay.

If you are granted leave to remain for more than 12 months to study here your spouse will be permitted to work during that time.

Children:

In order to qualify for leave to join or remain with you your children will need to be:

• Under 18 or already have leave to remain in this capacity;
• Unmarried and have not formed an independent family unit or leading an independent life;
• There must be adequate maintenance and accommodation without recourse to public funds;
• They intend to leave with you at the end of your stay.

After your Studies:

If you have completed a course at degree level or above and wish to remain here at the end of your studies you may be able to switch to one of the categories listed below.

• Work Permits;
• Highly Skilled Migrant Programme;
• Inernational Graduate Scheme.