International Students: Visas and the political, economic and legal triangle

The Immigration Rules: Appendix Student is twenty five pages of compliance requirements that must be addressed by a would-be international student if they are to be successful in gaining entry to a UK Higher Education Institution (HEI) and begin their studies. It would be a tad ambitious or more pertinently unfeasible to suggest this could be achieved in the 800 words of this blog. 

It is with this grasp on reality that a helicopter view of the germane rules for international students will be offered here. The focus will be on Higher Education (HE) and not independent secondary schools. In acknowledgement of the political attention which has grown around international students, the political and economic issues regarding them will be discussed in Part 2 of this blog. Part 1 will focus on the mechanics of Visa requirements.

To achieve entry into the UK to attend a HEI, a prospective student must obtain 70 mandatory points from the table below.

Level of study requirement

Unless a pre-sessional course the Level of study must comply with one of the following requirements:

• The course is Level 4 within the Regulated Qualifications Framework, the applicant is over 18 years and studies in England, Wales or Northern Ireland.
• If study is to take place in Scotland the Level should be 7 within the Scottish Credit and Qualification Framework, over 18 years.

Place of study requirement

All study that is part of the approved course must take place on the premises of the ‘sponsor’ or partner institution unless there is permitted remote delivery, the applicant is participating in course related work placement, a study abroad component of the course or it is a pre-sessional course.

Approved qualification requirement

Unless a pre-sessional course this must lead to one of the following approved qualifications which are:

1. Validated by Royal Charter
2. Awarded by a UK recognised body
3. Covered by legal agreement between a UK recognised body and another education provider / Awarding Body

Course requirement

The application can only be for a single course of study which meets one of the requirements below:

1. Full time (FT) course at degree level or above that leads to an approved qualification
2. FT course below degree level with a minimum of 15 hours per week of classroom based daytime study (8am-6pm  Monday – Friday) that leads to an approved qualification
3. FT course with a minimum of 15 hours per week classroom based daytime study that is a pre-sessional course
4. A part-time (PT) course above degree level that leads to an approved qualification
5. FT course at degree level of above that is recognised by Ecctis as equivalent to a UK Higher Education Course                

Confirmation of acceptance requirement

A Confirmation of Acceptance to Study (CAS) letter is issued by a licenced sponsor for a specified course on the date an application has been accepted. This letter must contain: the course requirement, approved qualification requirement, level and place of study. The document must also describe how the English Language requirement has been met and specify the cost of both fees and accommodation in order for the financial requirement to be assessed.

Financial requirement

If the applicant has been staying with permission in the UK for a minimum of 12 months on the date of their application they do not need produce evidence of funds. If the applicant is applying as a Student Union Sabbatical Officer or to study on a recognised foundation programme as a doctor or dentist they will not be required to show evidence of funds. If the applicant is applying to attend a programme of study in circumstances other than the above, there is a requirement to produce evidence of funding.

There must be evidence that the applicant is able to pay any outstanding course fees as stated in the CAS document. (£1334 in London, £1023 studying outside London) for each month of the course up to a maximum of 9 months.

Language requirement

The requirement for English Language ability is Level B1 for a pre-sessional degree course or B2 for a degree level course. These standards are specified within the Common European Framework of Reference for Languages and must be attained in reading, writing, speaking and listening.  The assessment can be undertaken by the sponsor. Alternatively if a ‘Secure English Language Test’, the test provider will be identified, a unique reference number for the test and a score for each component assessed: reading, writing, listening and speaking.

Final thoughts

As explained in the introduction this can only be an overview of the current Visa requirements for the student route to obtaining a Visa. Much has necessarily been omitted. This includes the maximum periods of stay, conditions relating to paid employment while in the country on a student visa and the regulations about entry of dependent partners and children. Full details can be found at https://www.gov.uk/guidance/immigration-rules/appendix-student