Categories of Students| Qualification for student visas| Working whilst in the UK?| Appeal Rights inside the UK
There are two student categories in Tier 4 of the points-based system:
• Student – for students coming to the UK for post-16
• (Child) student – for children between 4 and 17 years old to come to the UK for their education. Children between 4 and 15 years old who may only be educated at independent fee paying schools.
Students under 16 and 17 years old
Letter of parental consent
A 16 and 17 year old student has the legal right to live independently in the UK, and so may make their own arrangements for accommodation. However he/she requires the consent of his/her parent(s)/legal guardian to do this and to travel to the UK (if they applying from overseas).
The letter must confirm if the parent(s) or legal guardian has legal custody or sole responsibility for the child. If they have sole custody they must sign the letter. If they do not, the letter must confirm that each parent or legal guardian agrees to the contents of the letter and must be signed by each parent or legal guardian.
(Child) Students
The (Child) student category is for children coming to the UK to be educated between four and 17 years old. Children between four and 15 years old must be educated at independent fee-paying schools.
It is not possible for a( Child) student to study at a publicly funded school. (Child) students may only study at a publicly funded Further Education College which is able to charge for International Students, and then only once they are aged 16 or 17 years old.
A student and his/her sponsor can agree whether the student applies as a (General) or (Child) student if the student is 16 or 17 years old and studying a course at or above National Qualification Framework level 3.
A student must apply as a (Child) student if he/she wants to study at National Qualifications Framework level 2, or below.
Protecting Children
Under Section 55 of the Borders, Citizenship and Immigration Act 2009, the UK Border Agency must have regard to the need to safeguard children and to promote their welfare. All children studying in the UK must have suitable care arrangements in place for their travel, reception on arrival in the UK and living arrangements while here. Children are all students under 18 years old.
If a student is 16 or 17 years old and applying as a student, they must have the parent(s) or legal guardian(s) written consent that he/she can live and travel independently.
All arrangements for children’s care and accommodation in the UK must comply with relevant UK legislation and regulations.
Qualification for student visas
For Students to be granted leave they must meet the full requirements of the Immigration Rules and have 40 points.
30 Points [THE CONFIRMATON OF ACCEPTANCE]
The Confirmation of Acceptance for Studies (CAS) is a virtual document similar to a database record. Each Confirmation of Acceptance for Studies has a unique reference number and contains information about the course of study for which it has been issued and the student’s personal details.
The Confirmation of Acceptance for Studies has to be issued by the sponsor’s to the student.
The CAS should include some of the information the sponsor used when they assigned the Confirmation of Acceptance for Studies.
The information will be required when making the application. The application cannot be made more than three months before the start of the course.
The Confirmation of Acceptance for Studies will require to be used within six months of it being issued. If a student makes an application using a Confirmation of Acceptance for Studies that has expired, the application will be refused. If it has expired, the student will need to get a new CAS.
A Confirmation of Acceptance for Studies cannot be used more than once. If a student’s application is refused, and he/she wishes to make another application, he/she will need to get a new Confirmation of Acceptance for Studies from his/her sponsor.
However, having a valid Confirmation of Acceptance for Studies does not guarantee that a student’s application will be successful.
It is also worth noting that A Confirmation of Acceptance for Studies can be withdrawn/cancelled at any time by either UKBA or the sponsor. Where a Confirmation of Acceptance for Studies has been withdrawn/cancelled, the same procedures apply as where a Confirmation of Acceptance for Studies becomes invalid.
The CAS will only be valid when:
- It has the same details on it as in the student’s passport; and
- was assigned no more than six months before the date of application; and
- has not been withdrawn or cancelled by the sponsor or UKBA.
10 Points [ Maintenance or Funds]
Student must have enough money to cover course fees and monthly living costs (also known as maintenance or funds) granting them 10 points.
Money needed by a Student
Because a student is not allowed to have access to public funds [state benefits] they must have enough money to support themselves so that they does not face financial difficulties whilst studying in the UK. The money a student needs depends on the length of the course and where he/she will study.
The money a student will need to show must be enough to cover his/her course fees for the first period of study or, if the student is continuing a course, for the next period of study, and living costs for up to a maximum of nine months. Living costs might include paying for the student’s accommodation or purchasing study materials such as books or stationery.
The monthly living costs that a student will need to show will depend on where he/she will be studying in the UK.
- £800 per month for living costs if the student is studying in inner London
- £600 per month for living costs if the student is studying in outer London or anywhere else in the UK.
A Student will be studying in inner London if college is in any of the following London boroughs:
Camden, City of London, Hackney, Hammersmith and Fulham, Haringey, Islington, • Kensington and Chelsea, Lambeth, Lewisham, Newham Southwark, Tower Hamlets, Wandsworth, or Westminster.
Where a student is following a course at NQF 6/QCF 6/SCQF 9 or above with a sponsor which is a UK Higher Education Institution, or is undertaking a short-term study abroad degree programme at an overseas Higher Education Institution, the following work is allowed:
- part-time during term-time, which is no more than 20 hours a week;
- full-time during vacations;
- on a work placement as part of the course;
- as a postgraduate doctor or dentist on a recognised Foundation Programme;
- as a student union sabbatical officer for up to two years.
Where a student is following a course at NQF 3, 4 or 5/QCF 3, 4 or 5/SCQF 6, 7 or 8, with a sponsor which is a UK Higher Education Institution, the following work is allowed:
- part-time during term-time, which is no more than 10 hours a week;
- full-time during vacations;
- on a work placement as part of the course;
- as a student union sabbatical officer for up to two years.
Where a student is following a course at any level with a sponsor which is a publicly funded further education college, the following work is allowed:
- part-time during term-time, which is no more than 10 hours a week;
- full-time during vacations;
- on a work placement as part of a course where the student is studying with a Highly Trusted Sponsor
- or with any sponsor where the course is at NQF 6/QCF 6/SCQF 9 or above
- as a student union sabbatical officer for up to two years.
Students following a course at any level with a sponsor which is not a UK Higher Education Institution, a short-term study abroad degree programme at an overseas Higher Education Institution or a publicly funded further education college, he/she is not allowed to work whilst in the UK.
Where a Student is allowed to work, he/she must not fill a full-time permanent vacancy (other than on a recognised Foundation Programme) and the Student must not be self-employed, employed as a doctor in training (other than on a recognised Foundation Programme) or as a professional sportsperson (including coach) or entertainer.
A (Child) student under 16 years old cannot work at all during their time in the UK.
A (Child) student who is 16 years old or older, is allowed to work if it is: .
- part-time during term-time, which is no more than 10 hours a week;
- full-time during vacations;
- on a work placement as part of the course;
- as a student union sabbatical officer for up to two years.
Where a (Child) Student is allowed to work, he/she must not fill a full-time permanent vacancy and the student must not be self-employed, employed as a doctor in training or as a professional sportsperson (including coach) or entertainer.
Where a Student is allowed to work, he/she can work full-time during vacation periods, within the limits detailed above. If a student, having completed his/her course, makes an application for leave under the Points Based System before his/her existing leave expires, he/she will be permitted to work full-time, within the limits described above, until his/her application is decided.
If a student’s course ends early?
The student’s permission to stay is limited to 60 days if his/her course ends earlier than expected. This may be, for example, if the student’s sponsor cancels his/her place on the course, or if the student finishes the course early.
If a student has less than six months left of his/her permission to stay, there will be no limit to his/her permission and the student can stay until his/her permission runs out.
If a student’s application for permission to stay is refused the student may be able to appeal against the decision.
Administrative review outside the UK only
If a student’s application for entry clearance is refused a student can ask the decision to be checked again. This is known as an ‘administrative review’ and is only available to applications from outside the UK.
Administrative Review is the mechanism for reviewing refusal decisions made under the Points Based System where an applicant believes an error has been made in the decision. The Administrative Review is free of charge.
Administrative Review is an entitlement but the request must be made within 28 days from the date the refusal notice is received by the applicant
Administrative Review is a non-statutory scheme; that is there is no legislation setting out what it covers or who is eligible to apply. Administrative review is conducted by the Entry Clearance Officer.