Dependants of students and prospective students: STY01
Published 1 October 2013
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Guidance relating to prospective student dependants only applies to those applications made on or before 30 September 2013. From 1 October 2013 the paragraphs relating to prospective student visitors will be deleted from the Immigration Rules.
1. STY1.1 Immigration Rules for the spouse or civil partner of a (prospective) student and child of a (prospective) student
The spouse / civil partner and children of a student may accompany or join a student admitted to or allowed to remain in the UK under paragraphs 57-75 or 82-87F.
Dependants of students issued under Tier 4 of the points-based system (Paragraph 245ZV) will need to apply as PBS Dependants and will be considered under paragraphs 319C and 319H of the Rules.
The following guidance only applies to dependants of students admitted to or allowed to remain in the UK under paragraphs 57-75 or 82-87F.
2. STY1.2 Evidence of a student studying in the UK
If the applicant is applying after the student has obtained their visa, they will need to show a copy of the student’s passport and current visa / ID permit / residence card issued under Immigration Rules paragraphs 57-75 or 82-87F.
3. STY1.3 Funds and a dependant’s earnings
An ECO should not take into account the potential earnings of the partner when assessing maintenance unless the partner is already in employment in the UK (for example, as a work permit holder). However, it should be noted that if the student is granted leave for less than 12 months, the applicant will not be permitted to work as a student dependant.
4. STY1.4 Eligibility of dependant to attend a state school
Where a child is likely to remain in the UK for a time whilst the parents are studying in the UK, the Local Education Authority may decide that they should offer the child education for some of this time. The education of any dependants at a state school must be incidental to that person’s reason for being in the UK and is subject to the dependant’s satisfying paragraph 79 of the Immigration Rules. Children must leave the UK with his parent(s) on completion of the parent’s studies unless the child enrols at an independent fee-paying school and seeks leave to remain as a Tier 4 Child Student in their own right. Dependants over 16 year olds may attend sixth form colleges provided that they are not attached to a maintained school.
5. STY1.5 Can the dependant travel to the UK before the prospective student or student?
No.
6. STY1.6 What is the visa endorsement for student dependants
The entry clearance endorsement is: ‘D: STUDENT DEPENDANT’ with the initial and surname of the principal student or prospective student to be added in the ‘add endorsement’ field.
7. STY1.7 How much leave must be given?
The length of leave for student dependants must be in line with the student as follows:
- if the leave granted to the student is / was less than 12 months - Code 3; or
- if the leave granted to the student is / was12 months or more - Code 1; or
- for prospective students - Code 3 (up to a maximum of 6 months)