Immigration Rules

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Immigration Rules part 3: students

Persons seeking to enter or remain in the United Kingdom for studies.

Persons seeking to enter the UK for short-term study

Introduction

A57A. These Rules apply to persons who wish to study in the UK as a short-term student for up to and including 6 months or, for persons aged 18 and over, for up to and including 11 months for English language study only.

A57B. In paragraphs A57A to A57H:

  1. (a) English language study means study on a course that is entirely English language, not one that includes study of other subjects;
  2. (b) State-maintained school or institution is one which provides a free education and is primarily funded from public funds.
  3. (c) An accredited institution must be:
    1. (i) the holder of a sponsor licence for Tier 4 of the Points Based System; or
    2. (ii) the holder of valid accreditation from Accreditation UK, the Accreditation Body for Language Services (ABLS), the British Accreditation Council (BAC) or the Accreditation Service for International Colleges (ASIC); or
    3. (iii) the holder of a valid and satisfactory full institutional inspection, review or audit by one of the following bodies: Bridge Schools Inspectorate; Estyn; Education Scotland; the Independent Schools Inspectorate; Office for Standards in Education; the Quality Assurance Agency for Higher Education; the Schools Inspection Service or the Education and Training Inspectorate Northern Ireland; or
    4. (iv) an overseas Higher Education Institution offering only part of their programmes in the United Kingdom, holding its own national accreditation and offering programmes that are an equivalent level to a United Kingdom degree.

Requirements for entry clearance or leave to enter – Short-Term Student

A57C. All applicants for entry clearance or leave to enter the UK as a short-term student must meet the following requirements:

  1. (a) the applicant does not fall for refusal under the general grounds for refusal; and,
  2. (b) meets all of the following requirements. The student:
    1. (i) is aged 18 or over.
    2. (ii) does not intend to study at a state-maintained school or institution.
    3. (iii) does not intend to study in the UK for extended periods through frequent or successive periods as a short-term student.
    4. (iv) does not intend to take employment, including paid or unpaid work, a work placement or work experience in the UK.
    5. (v) does not intend to undertake self-employment or engage in business activities or any professional activity in the UK.
    6. (vi) has enough funds to meet the cost of his return or onward journey from the UK.
    7. (vii) will be maintained and accommodated adequately out of funds available to him.
    8. (viii) will not have recourse to public funds
    9. (ix) is genuinely seeking entry as a short-term student.

A57D. Applicants for entry clearance or leave to enter the UK as a short-term student for up to and including 6 months must meet the requirements in A57C and all of the following requirements:

  1. (a) Either;
    1. (i) has been accepted on a course of study of no more than 6 months, which is to be provided by an accredited institution; or
    2. (ii) is enrolled on a course of study abroad equivalent to at least degree level study in the UK and has been accepted by a UK recognised body or a body in receipt of public funding as a higher education institution from the Department for Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council to undertake research or be taught about research (research tuition) at the UK institution, provided that the overseas course provider confirms that the research or research tuition is part of or relevant to the course of study that they are enrolled on overseas, and the student is not to be employed as a sponsored researcher under the relevant Tier 5 Government Authorised Exchange scheme, or under Tier 2 of the Points-Based System, at the UK institution ;
    3. and
    4. (b) intends to leave the UK at the end of the study or at the end of 6 months whichever is sooner.
    5. (c) holds a valid entry clearance as a short-term student for 6 months unless he is a non-visa national.

A57E. Applicants for entry clearance or leave to enter the UK as a short-term student for up to and including 11 months must meet the requirements in A57C and all of the following requirements:

  1. (a) has been accepted on a course of study in English language of no more than 11 months which is to be provided by an accredited institution; and
  2. (b) intends to leave the UK at the end of the study or at the end of 11 months whichever is sooner; and
  3. (c) holds a valid entry clearance as a short-term student for a period not exceeding 11 months.

Period and conditions of grant of entry clearance or leave to enter for short-term students

A57F. (a) Entry clearance or leave to enter the UK as a short-term student will be granted for a period not exceeding 6 months where paragraph A57D applies;

(b) Entry clearance to enter the UK as a short-term student will be granted for a period not exceeding 11 months where paragraph A57E applies.

Requirements for entry clearance or leave to enter – Short-term student (child)

A57G. The requirements for entry clearance or leave to enter for short-term students (child) are that the applicant:

  1. (a) does not fall for refusal under the general grounds for refusal; and,
  2. (b) meets all of the following requirements. That the student:
    1. (i) is aged under 18;
    2. (ii) has been accepted on a course of study which is to be provided by an accredited institution which is not a state-maintained school or institution;
    3. (iii) does not intend to study at a state-maintained school or institution;
    4. (iv) intends to leave the UK at the end of 6 months;
    5. (v) does not intend to study in the UK for extended periods through frequent or successive periods as a short-term student;
    6. (vi) does not intend to take employment, including paid or unpaid work, work placements or work experience in the UK;
    7. (vii) does not intend to undertake self-employment or engage in business or any professional activities in the UK;
    8. (viii) has enough funds to meet the cost of his return or onward journey from the UK;
    9. (ix) will be maintained and accommodated adequately out of funds available to him
    10. (x) will not have recourse to public funds;
    11. (xi) can demonstrate that suitable arrangements have been made for his travel to, and reception and care in the UK;
    12. (xii) has a parent or guardian in his home country or country of habitual residence who is responsible for his care and who confirms that they consent to the arrangements for the applicant’s travel, reception and care in the UK; and
    13. (xiii) if a visa national;
      1. (a) the applicant holds a valid United Kingdom entry clearance for entry as an accompanied short-term student (child) and is travelling in the company of the adult identified on the entry clearance, who is on the same occasion being admitted to the United Kingdom; or
      2. (b) the applicant holds a valid United Kingdom entry for entry as an unaccompanied short-term student (child).

Period and conditions of grant of entry clearance or leave to enter as a short-term student (child)

A57H. Entry clearance or leave to enter as a short-term student (child) will be granted for a period not exceeding 6 months.

Requirements for leave to enter as a student

57.DELETED.

Leave to enter as a student

58.DELETED.

Refusal of leave to enter as a student

59.DELETED.

Requirements for an extension of stay as a student

60.DELETED.

Extension of stay as a student

61.DELETED.

Refusal of extension of stay as a student

62.DELETED.

Student nurses

Definition of a student nurse

63.DELETED.

Requirements for leave to enter as a student nurse

64.DELETED.

Leave to enter the United Kingdom as a student nurse

65.DELETED.

Refusal of leave to enter as a student nurse

66.DELETED.

Requirements for an extension of stay as a student nurse

67.DELETED.

Extension of stay as a student nurse

68.DELETED.

Refusal of extension of stay as a student nurse

69.DELETED.

Re-sits of examinations

Requirements for leave to enter to re-sit an examination

69A.DELETED.

Leave to enter to re-sit an examination

69B.DELETED.

Refusal of leave to enter to re-sit an examination

69C.DELETED.

Requirements for an extension of stay to re-sit an examination

69D.DELETED.

Extension of stay to re-sit an examination

69E.DELETED.

Refusal of extension of stay to re-sit an examination

69F.DELETED.

Writing up a thesis

Requirements for leave to enter to write up a thesis

69G.DELETED.

Leave to enter to write up a thesis

69H.DELETED.

Refusal of leave to enter to write up a thesis

69I.DELETED.

Requirements for an extension of stay to write up a thesis

69J.DELETED.

Extension of stay to write up a thesis

69K.DELETED.

Refusal of extension of stay to write up a thesis

69L.DELETED.

Overseas qualified nurse or midwife

Requirements for leave to enter as an overseas qualified nurse or midwife

69M.DELETED.

Leave to enter the United Kingdom as an overseas qualified nurse or midwife

69N.DELETED.

Refusal of leave to enter as an overseas qualified nurse or midwife

69O.DELETED.

Requirements for an extension of stay as an overseas qualified nurse or midwife

69P.DELETED.

Extension of stay as an overseas qualified nurse or midwife

69Q.DELETED.

Refusal of extension of stay as an overseas qualified nurse or midwife

69R.DELETED.

Requirements for leave to enter the United Kingdom as a postgraduate doctor or dentist

70.DELETED.

Leave to enter as a postgraduate doctor or dentist

71.DELETED.

Refusal of leave to enter as a postgraduate doctor or dentist

72.DELETED.

Requirements for an extension of stay as a postgraduate doctor or dentist

73.DELETED.

Extension of stay as a postgraduate doctor or dentist

74.DELETED.

Refusal of an extension of stay as a postgraduate doctor or dentist

75.DELETED.

Spouses or civil partners of students granted leave under paragraphs 57-75 (but not A57A to A57H)

Requirements for leave to enter or remain as the spouse or civil partner of a student granted leave under paragraphs 57-75 (but not A57A to A57H)

  1. 76.The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse or civil partner of a student granted leave under paragraphs 57- 75 (but not A57A to A57H) are that:
    1. (i) the applicant is married to or the civil partner of a person admitted to or allowed to remain in the United Kingdom under paragraphs 57-75; and
    2. (ii) each of the parties intends to live with the other as his or her spouse or civil partner during the applicant’s stay and the marriage or the civil partner of is subsisting; and
    3. (iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds; and
    4. (iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
    5. (v) the applicant does not intend to take employment except as permitted under paragraph 77 below; and
    6. (vi) the applicant intends to leave the United Kingdom at the end of any period of leave granted to him; and
    7. (vii) if seeking leave to remain must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

Leave to enter or remain as the spouse or civil partner of a student or leave to remain as the spouse or civil partner of a prospective student

  1. 77. A person seeking leave to enter or remain in the United Kingdom as the spouse or civil partner of a student granted leave under paragraphs 57-75 (but not A57A to A57H) may be admitted or allowed to remain for a period not in excess of that granted to the student provided the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is satisfied that each of the requirements of paragraph 76 is met. Employment may be permitted where the period of leave granted to the student is, or was, 12 months or more. Study subject to the condition set out in Part 15 of these Rules.

Refusal of leave to enter or remain as the spouse or civil partner of a student granted leave under paragraphs 57-75 (but not A57A to A57H)

  1. 78. Leave to enter or remain as the spouse or civil partner of a student granted leave under paragraphs 57-75 (but not A57A to A57H) is to be refused if the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is not satisfied that each of the requirements of paragraph 76 is met.

Children of students granted leave under paragraphs 57-75 (but not A57A to A57H)

Requirements for leave to enter or remain as the child of a student granted leave under paragraphs 57-75 (but not A57A to A57H)

  1. 79. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the child of a student granted leave under paragraphs 57-75 (but not A57A to A57H) are that he:
    1. (i) is the child of a parent admitted to or allowed to remain in the United Kingdom as a student under paragraphs 57-75; and
    2. (ii) is under the age of 18 or has current leave to enter or remain in this capacity; and
    3. (iii) is not married or in a civil partnership, has not formed an independent family unit and is not leading an independent life; and
    4. (iv) can, and will, be maintained and accommodated adequately without recourse to public funds; and
    5. (v)will not stay in the United Kingdom beyond any period of leave granted to his parent; and
    6. (vi) meets the requirements of paragraph 79A; and
    7. (vii) if seeking leave to remain must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
  1. 79A. Both of the applicant’s parents must either be lawfully present in the UK, or being granted entry clearance or leave to remain at the same time as the applicant or one parent must be lawfully present in the UK and the other being granted entry clearance or leave to remain at the same time as the applicant, unless:
    1. (i) The student is the applicant’s sole surviving parent, or
    2. (ii) The student parent has and has had sole responsibility for the applicant’s upbringing, or
    3. (iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care.

Leave to enter or remain as the child of a student granted leave under paragraphs 57-75 (but not A57A to A57H)

  1. 80. A person seeking leave to enter or remain in the United Kingdom as the child of a student granted leave under paragraphs 57-75 (but not A57A to A57H) may be admitted or allowed to remain for a period not in excess of that granted to the student provided the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is satisfied that each of the requirements of paragraph 79 is met. Employment may be permitted where the period of leave granted to the student is, or was, 12 months or more. Study subject to the condition set out in Part 15 of these Rules where the applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 or over before their period of limited leave expires.

Refusal of leave to enter or remain as the child of a student granted leave under paragraphs 57-75 (but not A57A to A57H)

  1. 81. Leave to enter or remain in the United Kingdom as the child of a student granted leave under paragraphs 57-75 (but not A57A to A57H) is to be refused if the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State, is not satisfied that each of the requirements of paragraph 79 is met.

Prospective students

  1. A82. DELETED.
  2. 82-84. DELETED.

Requirements for extension of stay as a prospective student

  1. 85. DELETED.

Extension of stay as a prospective student

  1. 86. DELETED.

Refusal of extension of stay as a prospective student

  1. 87. DELETED.

Students’ unions sabbatical officers

Requirements for leave to enter as a sabbatical officer

87A. DELETED.

Leave to enter the United Kingdom as a sabbatical officer

87B. DELETED.

Refusal of leave to enter the United Kingdom as a sabbatical officer

87C. DELETED.

Requirements for an extension of stay as a sabbatical officer

87D. DELETED.

Extension of stay as a sabbatical officer

87E. DELETED.

Refusal of extension of stay as a sabbatical officer

87F. DELETED.