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#13642 - Tier 4 Student Migrant Continuation - Immigration

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Leave to enter the UK

Length of course Amount of limited leave granted
Less than 6 months Full length of course + one month after the end of course
At least 6 months but less than 12 months Full length of course + two months after end of course
12 months or more Full length of course + four months after the end of course
Postgraduate doctor or dentist Full length of course (maximum 3 years) plus one month after end of course

Extending limited leave

  • If student wishes to take up another course after first one finishes, would need to meet the same criteria as he did to secure entry clearance.

  • Difference is in maintenance

Length of course Location Amount of maintenance funds needed
Two months or less Inner London

Course fees

And

1020 to cover living costs for each calendar month of the course up to a maximum of two months
Two months or less Outer London or anywhere in the UK

Course fees

And

820 to cover living costs for each calendar month of the course up to a maximum of two months.
More than two months Inner London

First year’s course fees

And

2040 to cover the first two months of living costs in the UK
More than two months Outside London or anywhere in the UK

First year’s course fees

And

1640 to cover the first two months of living costs in the UK

RESTRICTIONS ON HOW LONG A STUDENT MAY STUDY IN THE UK

  • Maximum of 3 years below degree level

  • Maximum of degree level and above.

Activities a Tier 4 (General) Student can do in addition to studying

  • Students’ union sabbatical officer: full time, salaried post, elected executive union position. May take up post for maximum of 2 years either during course of study or in academic year immediately after graduation. Institution must be the sponsor

  • Work placement: course may include element of placement but must not exceed 1/3 of the length of a non-degree course or 1/2 of the length of degree course. Sponsor remains responsible for student throughout the term of his work placement and must continue to comply with all sponsor duties throughout.

  • Extra studies: are allowed to undertake supplementary courses, e.g. evening classes. These do not have to relate to course of study. No permission needed and does not need to inform sponsor

  • Employment: must not fill a full time, permanent vacancy.

Limits:

  1. Students following a course at NQF 6 (Bachelor’s degree) or above with sponsor which is a UK higher education institution, or undertaking a short term study abroad degree programme at an overseas higher education institution, can work for NO MORE THAN 20 HOURS PER WEEK DURING TERM TIME

  2. Students following a course at NQF 3, 4 or 5 (below degree level) with a sponsor which is a UK higher education institution can work for NO MORE THAN 10 HOURS PER WEEK DURING TERM TIME

  3. Student following a course at any level with a sponsor which is public funded further education college can work for NO MORE THAN 10 HOURS PER WEEK DURING TERM TIME.

Not permitted to:

  1. Self-employment

  2. Employment as a doctor in training

  3. Employment as a professional sportsperson

  4. Employment as an entertainer.

Conditions that can be attached to leave:

  • No recourse to public funds

  • Registration with police, if required

  • No employment except:

  1. As detailed above

  2. Employment as part of course related work placement

  3. Employment as student union sabbatical officer

  • No study except:

  1. Study at the institution that HO records as migrant’s sponsor

  2. Supplementary study.

Student cannot lawfully change courses and study with a different sponsor without obtaining a CAS from new sponsor and further leave to remain with HO.

Not all general students can bring family members. Only either:

  1. Students sponsored by a higher education institution on a course at NQF level 7 or above that lasts 12 months or more; or

  2. Government sponsored students following a course that is longer than 6 months.

Can bring family members.

Family members include:

  • Spouse

  • Civil partner

  • Unmarried or same sex partner

  • Children under 18

Will require entry clearance and should apply for extension at same time as general student.

Type of family member Requirements Maintenance

Partner (spouse, CP, unmarried or same sex partner)

[para. 319C].

Conditions:

No recourse to public funds,

Maybe registration with police if required.

  1. Not fall for refusal under general immigration grounds. Must not be illegal entrant if apply for LTR.

  2. Applicant must be S or CP, unmarried or same sex partner of a person who:

  1. Has valid leave to enter or remain as Tier 4 (General) Student (GS); or

  2. is, at the same time, being granted EC or LTR as Tier 4 (General) Student

  1. Applicant who is unmarried or same sex partner must also meet:

  1. Any previous marriage or CP by either applicant or GS must have permanently broken down

  2. Applicant and GS must not be closely related that they would not be able to marry

  3. Must have been living together in a relationship similar to marriage or CP for period of at least 2 years.

  1. Must be a subsisting relationship at time of application

  2. Must intend to live with the other as their spouse of CP, unmarried or same sex partner throughout stay

  3. Must not intend to stay in the UK beyond any period of leave granted to Tier 4 GS

  4. There must be a sufficient level of funds available to applicant.

Appendix E

  1. Tier 4 Migrant is studying in inner London, there must be 615 in funds for each month for which applicant, should leave be granted, up to a maximum of 5535

  2. If studying outer London, must be 460 in funds available each month for which applicant would be granted leave, up to maximum of 4140.

Evidence from bank statements etc, not more than 31 days before application made.

Child

[para. 319H]

Same conditions as above

  1. Same as above

  2. Applicant must be child of a parent who:

  • Valid leave to enter or remain as Tier 4 GS; OR

  • Is, at the same time,...
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