05-10-2009 - Changes in PBS Tier 4 Students
In
line with the launch of the sponsorship management system for Tier 4 of the points-based system on 5 October 2009, the UK
Border Agency has announced a new policy for Tier 4 sponsors and would-be students.
The new policy centres on two main
areas:
- Extending the maintenance concession for Tier 4 applicants who are already in the United Kingdom - this
will help to ease the transition process for would-be students.
- Tying Tier 4 students' permission to stay to their
sponsors, if they make their application on or after 5 October - this will strengthen Tier 4 and strengthen the United Kingdom
border.
Extending the maintenance concession for Tier 4 applicants who are already in the United
Kingdom
Tier 4 applicants need to have enough money to cover their course fees and maintenance. They must
normally show that they have held this money for a 28-day period ending no more than one month before their application, but
until now a concession has been in place allowing students to show only that they have the required funds in place on
the date when they apply. This concession has been extended until February 2010.
This is because the UK Border
Agency recognise that many students already in the United Kingdom will not have needed to show this money before, so have
decided to allow a longer transitional period for all Tier 4 applications made within the United Kingdom.
Would-be
students who make a Tier 4 application from inside the United Kingdom before February 2010 will only need to show that they
have the money needed on the day when they apply. They must still provide the correct documents to support their application.
From
1 October 2009, would-be students applying from outside the United Kingdom must show that they have held
the required money for a 28-day period ending no more than one month before the date of their application.
Tying
Tier 4 students' permission to stay to their sponsors, if they make their application on or after 5 October
On
5 October 2009, new Tier 4 students' permission to stay in the United Kingdom will be 'tied' to the education
provider that is sponsoring them. This will bring Tier 4 in line with other Tiers of the points-based system.
From 5
October, every new Tier 4 student will find their sponsor's licence reference number on the vignette in their passport
or on their Identity Card for Foreign Nationals (ICFN).
n future, if a student wants to study with a new Tier 4 sponsor
and they made their last application for a Tier 4 visa on or after 5 October 2009, they will need to apply
for a new Tier 4 visa. They will not be allowed to begin studying with the new education provider until they have received
a decision on the outcome of their application - if they do so, they will be committing a criminal offence for which they
could be prosecuted or removed from the country.
The UK Border Agency (UKBA) has stated it cannot advise students to
commence new studies until permission has been given, but that it will make every effort to ensure that applications from
students wishing to change education provider are considered within the published service standards, so that students can
move to the new education provider as quickly as possible.
If a student wants to study with a new Tier 4 sponsor, and they
made their last application for a Tier 4 visa
before 5 October 2009, they will continue to be allowed to
change their educational provider without making a new Tier 4 application. They must, however, seek written permission from
UKBA to change their sponsor.
The UK border Agency has published changes to the Immigration
Rules on 9 March, which will take effect on 31 March.
The changes will introduce the new Tier 4 route for students, as well as changing the academic and financial requirements of the Tier 1 for highly skilled workers.
The UK’s
points-based system will be expanded at the end of March to include adult and child students, while highly skilled workers
from outside Europe will have to meet stricter criteria to come work in Britain.
The change to the Tier 1 follows
the Home Secretary’s announcement on 22 February on new measures to “raise the bar” for foreign workers wishing to enter the United Kingdom.
In a written ministerial statement, Immigration
Minister Phil Woolas said:
“We recognise the contribution that international students make to the UK economy
and the benefits that encouraging overseas students brings in terms of diffusing British values and fostering a positive view
of the UK overseas.
“However, the new system will tighten controls over students who are applying for courses
with work placements, ensuring they are not used as a way to gain employment.”
The new system will also
attempt to prevent adult students studying low level courses for long periods of time.
If you have a pending
student visa application or have completed you VAF online, the application should be considered under the current rules, not
Tier 4.
For the latest immigration news visit www.edetanlenelliotfoundation.org
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email us at: info@edetanlenelliotfoundation.org
