1.8 students granted leave before tier 4, and other study ... · 282 ukcisa manual 2015 1....

278 © UKCISA Manual 2015

1. Immigration 1.8 Students granted leave before Tier 4, and other study-related categories

1.8 Students granted leave before Tier 4, and other study-related categories

1.8.1 Students granted leave before Tier 4Students who were granted immigration permission under the Immigration Rules which were in force before Tier 4 came into effect on 31 March 2009 remain subject to those requirements and conditions until their leave comes to an end or they are granted leave under Tier 4 or any other immigration category. Such students are often referred to as having leave granted under the ‘old Rules’.

For information and commentary about those who have permission as students under the ‘old Rules’ and their family members, please see previous versions of the UKCISA Manual.

1.8.2 Prospective studentsProspective students who wished to study but had not finalised their study plans in the UK could come to the UK under the ‘prospective student’ route, which was provided for in the Immigration Rules. This route was closed to new applicants from 1 October 2013. According to the Explanatory Memorandum accompanying the Statement of Changes in the Immigration Rules (HC 628) which brought in this change, this was because this route was ‘little used’.

For information and commentary about students with permission as ‘prospective students’ and their family members, please see the UKCISA Manual 2014.

1.8.3 Electronic Visa Waiver Since 1 January 2014, holders of passports from Oman, Qatar and the United Arab Emirates can travel to the UK for up to six months as a visitor without requiring entry clearance, if they have obtained an Electronic Visa Waiver (EVW). This is valid for all types of visit leave up to six months (ie student visitor leave, but not extended student visitor leave – see below).

The document is applied for online at the Visa4UK website anytime between three months to 48 hours before travel to the UK. There is no fee, and no

279© UKCISA Manual 2015


requirement to give biometrics or attend a visa application centre. Applicants must print out the document (electronic copies on phones or tablets will not suffice) and must present the document on departure and on arrival to the UK upon the request of a border force officer. Those who do not have an EVW or a valid visa for their journey will not be able to depart. The immigration officer at the UK port will look to ensure that the details on the EVW match the details on the passport.

Each EVW is valid only for a single, specific journey, although the Immigration Rules allow for an EVW holder to travel on a flight, train or ship which departs from the same port and arrives at the same UK port no later than eight hours after the arrival time specified on the EVW document.

Those who choose to may still apply for a long-term multi-entry visit visa. Those with adverse immigration histories are also strongly advised to get entry clearance instead of using the EVW. This may be the case if the student has: � unspent criminal convictions in any country, including the UK; � previously been refused entry, deported or otherwise removed from the UK; � breached the terms of any previous entry to the UK – for example, by

working illegally or staying in the UK after permission to stay expired; � previously been refused a visa on last application; or � been warned by a UK immigration official that they should obtain a visa

before travelling to the UK.

The Immigration Rules (at Appendix 1) state that where an applicant seeks to enter the UK through a ‘control zone’ or ‘supplementary control zone’ in France or Belgium (eg Gare du Nord) that train or ship must arrive in the same UK port and depart from the same port no later than eight hours after the departure time specified on the EVW Document. Where a person crosses the land border from Ireland, an EVW holder must cross into the UK no later than eight hours after the time of arrival specified on the EVW Document.

Further information about how to complete an EVW can be found on the Home Office website at:https://www.gov.uk/government/news/uk-electronic-visa-waiver-introduced-for-oman-qatar-and-uae

SourcesImmigration Rules Appendix 1



1.8.4 Student visitors and child visitorsStudent visitors were added to the Immigration Rules in September 2007. This category was introduced to allow students who are at least 18 years old to come to the UK for up to six months to study a short course (see subsection 1.8.4.1 for details), and, since October 2013, undertake research in certain circumstances (see below). In January 2011, this category was amended to introduce the extended student visitor visa which allows students who are at least 18 years old to come to the UK for up to 11 months to study an English language course (see subsection 1.8.4.2 for details). This extended student visitor route is a concession in guidance only so it can be removed or amended without warning.

Students who are under 18 years old and who are coming to the UK for six months or less can enter as child visitors instead (see subsection 1.8.4.4 for details).

Those who obtain leave as a student visitor on or after 1 October 2013 (for up to six months, under the provision in the Rules) are allowed to undertake ‘research or research tuition at the UK institution’ if enrolled at an institution abroad on a course of study equivalent to degree-level. The course provider outside the UK must confirm that the research or research tuition is part of, or relevant to, the student’s study, and the student must not undertake employment in the UK. The student’s research or research tuition must be undertaken at an institution in the UK which is either a recognised body or a body in receipt of funding as a Higher Education Institution. Research tuition is described in the Rules as ‘tuition given to the applicant about how to conduct research’.

The modernised guidance on student visitors (amended on 5 December 2013 to include clarification requested from UKCISA) states:

The student visitor provisions allow a student to undertake a short course of study which includes a research element.

Student visitors can also undertake a period of non-commercial research or research tuition, where they are either:• undertaking a course overseas at UK degree level which includes a

research element, or• coming to the UK to undertake a period of research which: – forms part of their overseas course or is relevant to it, and – is at a qualifying educational establishment.



The modernised guidance reiterates the Rules, by specifying that applicants coming under this route should not be employed as sponsored researchers, and that where an applicant has such an intention, they should apply instead under either the relevant Tier 5 (Temporary Worker – Government Authorised Exchange) scheme or under Tier 2 of the PBS. Employment is totally prohibited for anyone coming to the UK as a student visitor.

The student visitor route is outside the Points Based System, under the Immigration Rules for visitors. In the entry clearance guidance, they are called ‘special visitors’. Students who want to enter the UK to undertake a course (not research or research tuition) of up to either six or 11 months under this category must have been unconditionally accepted to study at one of the following: � an institution which is listed on the Home Office’s Register of Tier 4 sponsors

(approved education providers) � an education provider accredited by a Home Office approved accreditation

body (see below) � an education provider inspected or audited by one of the bodies set out in

Home Office guidance � an overseas Higher Education Institution offering only part of its programmes

in the United Kingdom, holding its own national accreditation and offering programmes that are of an equivalent level to a United Kingdom degree.

Accreditation bodies approved by the Home Office for these purposes include: Accreditation UK, the British Accreditation Council (BAC), the Accreditation Service for International Colleges (ASIC) and the Accreditation Body for Language Services (ABLS). For the full list, see the Home Office website at www.gov.uk/study-visit-visa/eligibility.

The entry clearance guidance (Special visitor, student visitor: VAT09) at www.gov.uk/government/publications/special-visitor-student-visitor-vat09/special-visitor-student-visitor-vat09 states that:

“in order to meet the requirements of being an overseas Higher Education Institution offering programmes at an equivalent of a UK degree, the institution should be recognised by NARIC.”

Those thinking of entering the UK as student visitors need a letter from the institution where they want to take a course or period of research or research tuition to prove to an entry clearance officer or border force officer that they meet the requirements of the student visitor category.



� In the case of courses, the letter must confirm that the institution is a Tier 4 sponsor (by including the sponsor licence number) or accredited by one of the Home Office’s approved accreditation bodies or an institution which offers part of a degree-level programme in the UK. The letter should also state the details of the course, including its duration and cost.

� In the case of research or research tuition, the letter should state the institution’s name (so that the Home Office can check that the institution is a recognised body or an institution in receipt of funding as a HEI) and confirm the duration of the research and cost. The institution outside the UK where the student is studying their course (equivalent to degree-level) will need to confirm in a letter that the student is enrolled on a course with them, its title and level, and that the research or research tuition that is to be undertaken in the UK is a part of or relevant to the student’s course abroad.

Some students have the option of applying as a Tier 4 student or as a student visitor. If applying as a student visitor, an unconditional offer letter (as described above) must be submitted with the entry clearance application. However, students who wish to apply for entry clearance under Tier 4 must obtain a confirmation of acceptance for studies from the institution at which they intend to study (see subsection 1.5 for details about applying under Tier 4).

Those choosing to enter as student visitors are disadvantaged in several ways, compared with those entering under Tier 4: � it is not possible to extend leave granted initially as a student visitor � it is not possible for student visitors to switch into Tier 4, or any other

immigration category; they have to return abroad to make a fresh entry clearance application from there if they want to stay longer than the time they have been given as a student visitor

� all student visitors are prohibited from working, and this includes work placements and internships, whether paid or unpaid

� it is not possible for anyone to be admitted as the dependant of a student visitor; family members who wish to accompany a student visitor need to apply as general visitors or child visitors or, if they wish to study too, as student visitors or child visitors in their own right.

The advantages that student visitors have are that: � there is no need for their course to be full-time – it can be part-time (it does

not need to involve 15 hours of organised daytime study a week) � there is no minimum academic level for their course (although those



undertaking research must be on a course of study abroad which is equivalent to degree-level) and it does not need to lead to a qualification

� there are no minimum academic requirements for immigration purposes � there are no minimum English language levels required � they can rely on maintenance and accommodation provided by family

members � they do not have to provide evidence of fixed sums of money in order to

show that they can meet the maintenance and accommodation requirement without having recourse to public funds

� non-visa nationals coming for up to six months do not need to apply for entry clearance. For information about the type of endorsement they are likely to be given on arrival in the UK, see subsection 1.10.2.1

UKCISA asked UK Visas and Immigration to provide a clear list of situations where student visitor leave is appropriate, as opposed to leave as a general visitor, where for example the student is not on a course of study, but may be undertaking activity which is study-related. However, the Home Office often regards the choice as being between visitor or Tier 4 leave only and tends to prefer Tier 4 leave. If in doubt, and the study meets Tier 4 requirements, it is safer to advise students to apply under Tier 4.

Whilst there is no fixed amount of money that a student visitor must show, the guidance states that a student visitor should have sufficient funds available to finance the period in the UK, and an onward or return journey.

Student visitors can apply for entry clearance in any country outside the UK, which means they do not need to apply in a country where they usually live. This is stated in the Immigration Rules (paragraph 28). However, they should check first that they meet the requirements of entry to the country where they are thinking of making their application and that their period of lawful stay is not likely to expire before their entry clearance application is processed.

Sources:Immigration Rules paragraphs 56K-56MModernised guidance on Student visitors (28 March 2014) Entry clearance guidance VAT01 Visitors, general (29 November 2013)Entry clearance guidance (Special visitor, student visitor: VAT09) (9 December 2013)



1.8.4.1 Student visitor – up to six monthsThe student visitor route is generally used by students who wish to come to the UK to study a short course for a maximum period of six months. From 1 October 2013, the route can also be used for those wishing to undertake a period of research or research tuition as part of or relevant to their course at an overseas institution. For those undertaking a course of study, the course can be English language only, academic related studies or a combination of these and this includes students who wish to come to study in the UK as part of their course that they are studying overseas. However, the entry clearance guidance (VAT09) and the modernised guidance also confirm that students on distance learning courses which are longer than six months should also enter as student visitors for up to six months:

“Those studying overseas for UK qualifications (distance learners who do not qualify as Students) who occasionally need to visit the UK for classes or revision sessions can be considered under the Student Visitor category, that is, although the course of study might be longer than 6 months, each period of study is less than six months”.

Students who wish to undertake study in this way cannot apply for entry clearance which allows them to enter for six months at a time for a period of up to 10 years, in the same way that general visitors can. They have to apply for student visitor entry clearance, or leave to enter on arrival if they are non-visa nationals, on every occasion on which they need to come to the UK.

NoteThere is no requirement for postgraduate students who are undertaking distance learning courses to obtain Academic Technology Approval Scheme (ATAS) clearance certificates (see subsection 1.5.6.7 for information about ATAS).

Those thinking of entering the UK as student visitors need a letter from the institution where they want to take a course or period of research or research tuition to prove to an entry clearance officer or border force officer that they meet the requirements of the student visitor category.

� In the case of courses, the letter must confirm that the institution is a Tier 4 sponsor (by including the sponsor licence number) or accredited by one of the Home Office’s approved accreditation bodies or an institution which offers part of a degree-level programme in the UK. The letter should also state the details of the course, including its duration and cost.



� In the case of research or research tuition, the letter should state the institution’s name (so that the Home Office can check that the institution is a recognised body or an institution in receipt of funding as a HEI) and confirm the duration of the research and cost. The institution outside the UK where the student is studying their course (equivalent to degree-level) will need to confirm in a letter that the student is enrolled on a course with them, its title and level, and that the research or research tuition that is to be undertaken in the UK is a part of or relevant to the student’s course abroad.

� If the course is a distance learning course, this should be explained, and as far as possible the periods of study in the UK should be listed. Students who want to undertake a part-time course and enter the UK on a very regular basis should be warned that it is unlikely that they will be able to do this as a student visitor. If it is clear that the course as a whole is longer than six months and the course is not a distance learning programme, border force officers and entry clearance officers are likely to expect the student to apply under Tier 4 and to undertake the course on a full-time basis, even though each individual period of study is less than six months long.

The Immigration Rules state that the maximum period that a student visitor can be admitted for on any one occasion is six months. The modernised guidance and the entry clearance guidance confirm that most student visitors will be granted the full six months and length of stay does not depend on length of course.

Entry clearance applications for student visitor leave are made online (except for applicants from North Korea who use form VAF1D). The application costs £83. Non-visa nationals can apply free of charge on arrival in the UK, in which case they must carry with them in their hand luggage all the documents they would otherwise have submitted with an entry clearance application, for example, the letter from the institution, details of finances, and information about their accommodation in the UK, if it has already been arranged.

Sources:Modernised guidance on Student visitors (28 March 2014)Entry clearance guidance VAT01 Visitors, general (29 November 2013)Entry clearance guidance VAT09 Special visitor, student visitor (9 December 2013)



1.8.4.1.1 Student visitor leave for re-sitting examsThe Home Office confirmed by way of submissions to the Court of Appeal in the case of RS (Pakistan) that student visitor is an acceptable route for a student coming to the UK to undertake a re-sit:

“35. At first blush it is not clear that this Rule automatically permits a student to return. However the written submissions of Counsel on behalf of the SSHD stated and I quote:

If the student is not engaged in a suitably full-time course of study prior to his re-sits, then he does not need to remain in the UK in order to re-take his exams. Such a student (including the Appellant) should return to his home country before the expiry of his leave, but may then apply from that country for a Student Visitor visa under Rule 56K in order to return to take his re-sits. A Student Visitor visa has less onerous application criteria, but places stronger restrictions on the student (no employment, no work experience, no dependants, the need to apply from overseas, no switching and a mandatory return overseas after their leave expires). Such a visa is a perfectly reasonable option for a student who does not need to continue studying in the UK on a full-time basis, but simply needs to re-take his exams, as here, several months or a year after he has completed his course.

36. In oral submissions Mr Manknell, for the SSHD, confirmed that the Department’s position that re-entry for the purpose of a re-sit is not only acceptable but is customarily accepted under the terms of Rule 56K. The Court sees no reason to question that statement of practice, which rightly acknowledges the need for provision to deal with this issue.

For information about non-visa nationals who have extant Tier 4 leave and who want to apply for student visitor leave on arrival, see subsection 1.10.3.

Sources:RS (Pakistan) v Secretary of State for the Home Department [2011] EWCACiv 434 (18 April 2011)

1.8.4.1.2 Student visitor leave for medical electivesSince July 2012, entry clearance officers have been instructed that student visitor leave can be appropriate for students studying medicine in other countries who wish to undertake medical electives in the UK for periods of up to



six months, but only if the student spends time in the ‘classroom’ and not in a hospital. If this is the case, it should be made clear in the letter you issue to such students, otherwise it will be assumed that they should apply under Tier 4 (see subsections 1.5 and 1.6).

1.8.4.2 Extended student visitor – up to 11 monthsOn 10 January 2011, the student visitor category was amended to introduce the extended student visitor route. This immigration category allows students who are at least 18 years old to come to the UK for up to 11 months in order to study an English language course. There is no equivalent provision for students under 18. The Immigration Rules were not amended to incorporate the extended student visitor route, and instead it was introduced as a concession in the entry clearance guidance. The entry clearance guidance states that this concession is being introduced for a limited period and therefore there is the risk that it can be withdrawn at any time. Because the extended student visitor route is not in the Immigration Rules, there is no right of appeal against a refusal other than on general grounds.

Students intending to enter the UK under this category must hold an unconditional offer to study an English language course at one of the types of institutions listed in subsection 1.8.4. It is not possible to combine an English language course with any other studies; however, the English language course can be at any level and there is no minimum level of English language ability that students must have attained before applying for the extended student visitor visa.

All students must apply for entry clearance if they want to enter the UK under this category; non-visa nationals cannot apply for entry as an extended student visitor on arrival in the UK. Those who want to enter as a student visitor for up to 11 months need a letter from the institution where they want to take a course to submit with their entry clearance application. The letter should confirm that the institution meets the Home Office requirements (as described in subsection 1.8.4) and the details of the course, including confirmation that it is an English language course and the course dates. The course duration must not be more than 11 months; however, provided it will last between six and 11 months, students will be granted entry clearance for the full 11-month period. Entry clearance applications for extended student visitor leave are made online (or on form VAF 1D if the applicant is from North Korea). Police registration will be required in accordance with paragraphs 325–326 for nationals of those



countries listed in Appendix 2 of the Immigration Rules (see subsection 1.7.8 for more information about these requirements).

In addition, those applying to enter the UK for more than six months will be required to get a TB test, if they are from a country listed in Appendix T of the Immigration Rules, unless they are exempt (see subsection 1.9.5.2 for more about these requirements).

Sources:Entry clearance guidance VAT09 Special visitor, student visitor (9 December 2013)Immigration Rules: paragraphs 325 – 326 Appendix 2 Appendix T

1.8.4.3 Can student visitors extend their stay?There is no provision to grant leave to remain (ie permission granted to someone who is already in the UK to stay longer) as a student visitor. This applies both to those who already have permission to be in the UK as student visitors and to those who have permission to be here in any other immigration category. It is therefore not possible for those already in the UK studying an English language course with permission as a student visitor for six months to extend under the extended student visitor visa category up to 11 months.

Student visitors might ask about leaving the UK and re-entering shortly afterwards as a student visitor (for either six or 11 months). If this is because their total course is now longer than it originally was or their period of study as part of a distance-learning course is now longer than six months, they are likely to be refused re-entry as they do not meet the requirements of the Immigration Rules nor do they meet the provisions in the entry clearance guidance for the extended student visitor category, as the total period is more than 11 months.

If they have already spent the full period allowed in the UK as a student visitor, and they now want to undertake a different short course, a border force officer or entry clearance officer might refuse the application if they believe that pattern and frequency amount to ‘de facto residence’

“There is no restriction on the number of visits a person may make to the UK nor any requirement that a specified time must elapse between



successive visits. However, the Immigration Rules state that the applicant must show that they do not intend to live in the UK for extended periods through frequent and successive visits. An ECO must consider the reason for a series of visits with only brief intervals outside the UK between each visit. The ECO must consider the purpose of the visit against the time elapsed between visits and the duration of previous visits to the UK.

There is no Rule that states a visitor can only remain in the UK for 6 out of any 12 months, but an ECO must examine the pattern and frequency of visits to see that it does not amount to de facto residence”.

This means that students may have problems if they attempt to re-enter the UK as a student visitor soon after having spent time in the UK as a student visitor. If this is because they wish to undertake a further course which is less than six months, it is advisable to apply for entry clearance even if they are non-visa nationals and not required to obtain it so as to reduce the risk of problems on arrival in the UK.

Those who have already spent the full 11 months in the UK, and who now want to undertake a different short course, can reapply to return to the UK as a student visitor, as long as it is clear that this is not a way of avoiding a Tier 4 application that would be more appropriate.

Student visitors are not allowed to extend their stay as students under Tier 4. This applies regardless of whether they are visa nationals or non-visa nationals. Student visitors who wish to continue their studies in the UK on a course which meets the requirements of Tier 4 will have to return to the country where they normally live and apply for entry clearance as a Tier 4 student (see subsection 1.9.4 for details).

Student visitors are not ‘tied’ to an institution and so they can change course and/or institution after having arrived in the UK as long as their new course and institution meet the student visitor requirements. This is confirmed in the modernised guidance for Home Office caseworkers.

Sources:Immigration Rules, paragraphs 56K-56MModernised guidance on Student visitors (28 March 2014)



Entry clearance guidance VAT01 Visitors, general (29 November 2013)Entry clearance guidance VAT09 Special visitor, student visitor (9 December 2013)

1.8.4.4 Child visitors (under 18)Those who are under 18 years old cannot apply as student visitors or general visitors, since both of these categories are available only to those aged 18 or over. Instead, they might be able to apply as Tier 4 students (see subsection 1.5 for the requirements they will have to meet) or as child visitors.

The child visitor route is outside the Points Based System, under the Immigration Rules for visitors. In the entry clearance guidance, they are called ‘special visitors’.

Child visitors are allowed to intend to undertake a course of study, subject to the following requirements:

(via) except to the extent permitted by sub-paragraph (viii), does not intend to study at a maintained school; and

(vii) if the applicant has been accepted for or intends to follow a course of study, this is to be provided by an institution which is outside the maintained sector and is:

(a) the holder of a Sponsor Licence for Tier 4 of the Points Based System, or

(b) 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

(c) the holder of a valid and satisfactory full institutional inspection, review or audit by one of the following bodies: the Bridge Schools Inspectorate; the Education and Training Inspectorate; Estyn; Education Scotland; the Independent Schools Inspectorate; Office for Standards in Education; the Schools Inspection Service or the Education and Training Inspectorate Northern Ireland.

(viii) if the applicant is undertaking an exchange or educational visit only, this is to be provided by one of the following schools:

(a) For England and Wales, maintained schools as defined under section 20(7) of the School Standards and Framework Act 1998; non-maintained special schools approved under section 342 of



the Education Act 1996; independent schools as defined under section 463 of the Education Act 1996 and registered independent schools entered on the register of independent schools maintained under section 158 of the Education Act 2002; academies as defined in section 1(10) of the Academies Act 2010; city technology colleges and city colleges for technology of the arts as established under the Education Act 1996 and treated as academies under section 15(4) of the Academies Act.

(b) For Scotland, public schools, grant-aided schools and independent fee paying schools as defined under Section 135 of the Education (Scotland) Act 1980.

(c) For Northern Ireland, grant-aided schools as defined under Articles 10 and 11 of and Schedules 4 to 7 to the Education and Libraries (NI) Order in Council 1986; grant maintained integrated schools as defined under Article 69 of and Schedule 5 to the Education Reform (NI) Order 1989; independent fee paying schools as defined under Article 38 of the Education and Libraries (NI) Order 1986

(2) In sub-paragraph (1)(via) a “maintained school” is one which provides free education and is primarily funded from public funds.

The Immigration Rules from 1 December 2013 provide a definition of a ‘maintained school’ for this category (as above). In addition, the Rules from 1 December 2013 clarified that child visitors can only study at maintained schools if undertaking an exchange or educational visit.

Unlike student visitors, child visitors do not have to know in advance of arriving in the UK that they have a place on a course, or that they will study. However, if they do decide to study once in the UK, they must attend an institution which meets these requirements. There is no provision for child visitors to stay for longer than six months in order to take an English course.

As with student visitors, there is no minimum number of hours or level of course which a child visitor can undertake, and the classes can take place in the evenings and at weekends. If a child visitor already has an offer of a place on a course before coming to the UK, the offer letter from the institution should confirm that it meets the requirements which must be met by an institution. For example, its Tier 4 sponsor licence number, or details of the body which accredits its courses or of its registration with the Department for Education if it



is an independent school. The course details should also be provided to make it clear that it is no more than six months in length.

Child visitors must also demonstrate that suitable arrangements have been made for their travel to, and reception and care in, the United Kingdom and that they have a parent or guardian in their home country or country of habitual residence who is responsible for their care and who consents to the arrangements for the child’s travel to, and care and reception in, the UK. The entry clearance application form asks these questions and states that applicants under 18 must submit a letter from their parent or guardian consenting to the visit, if the child is not travelling with a parent or guardian.

Entry clearance applications for child visitor leave are made online (except for applicants from North Korea who use form VAF1A). The application costs £83. Non-visa nationals can apply free of charge on arrival in the UK, in which case they must carry with them in their hand luggage all the documents they would otherwise have submitted with an entry clearance application, for example, the letter from the institution, details of finances, the letter from a parent or guardian consenting to the trip and information about their accommodation, reception and care arrangements in the UK, which must be arranged in advance.

1.8.4.5 Can child visitors extend their stay?Child visitors can apply to extend their stay in the UK, if their grant of leave was for less than six months. However, it is unlikely that a child visitor will make such an application because most are granted the full six months’ leave, even if the intended course is much shorter than this. The application, which is made on form FLR(O), costs £601 if made by post and £1001 if made in person at a premium service centre. Postal applications take several weeks to process.

If child visitors who have already spent six months in the UK ask about leaving and re-entering shortly afterwards as a child visitor, they should be advised in the same way as student visitors (see subsection 1.8.4.3).

Child visitors are not allowed to extend their stay as students under Tier 4. This applies regardless of whether they are visa nationals or non-visa nationals.

Sources:Immigration Rules paragraphs 46A-46F



Modernised guidance on Child visitors (28 March 2014)Entry clearance guidance VAT03 Special visitor, child visitor (5 July 2013)

1.8.5 Other visit categoriesAll visit categories, other than student visitors, general visitors, business visitors and child visitors, have a condition which prohibits them from undertaking study in the UK. Advisers might need to know about the provisions for general visitors, business visitors, visiting professors, academic visitors, permitted paid engagements, those taking the PLAB test and those undertaking clinical attachments, so these are summarised below. Academic visitors and their family members can be granted up to 12 months’ leave. All other applicants will be granted less than this, at least in the first instance. The Home Office refers to these visitors as ‘special visitors’ and ‘business visitors’.

1.8.5.1 General visitorsPrior to 6 September 2012, a requirement for obtaining leave as a general visitor was that an applicant should not have an intention to study; however, this was not a condition of leave. The Immigration Rules were subsequently amended for those whose leave was granted on or after 6 September 2012 to prohibit study under the general visitor route and all other visitor routes, except for student visitor and child visitor. The general visitor category and business visitor category were amended again, to allow study in specific circumstances for applications decided on or after 1 October 2013. Those in other visitor categories (other than student and child visitor) must not study in the UK.

Study is permitted for general and business visitors when it is for a course of study of no more than 30 days (either as one course alone or taken together with any other course and whether continuous or otherwise) and is either:

� A recreational course (but not an English language course), which is defined in the Rules as “one which a person undertakes purely for leisure purposes”. The modernised guidance for general visitors gives the following examples of recreational courses:

– activity courses, such as a day’s horse riding, archery, or a week’s orienteering

– arts and craft courses, such as a day’s pottery, a week’s painting, a month’s woodworking



– cultural courses, such as a day’s theatre workshop, a week’s music appreciation

The guidance also states that courses which lead to formal qualifications are not normally considered recreational (although certificates of attendance do not count as a qualification).

or

� Other courses (non-recreational or English language) as long as the course is provided by an institution which is –

(i) the holder of a Sponsor licence for Tier 4 of the Points-Based System, (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), (iii) the holder of a valid and satisfactory full institutional inspection, review or audit by the Bridge Schools Inspectorate, the Education and Training 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 (iv) an overseas higher education institution offering only part of its programmes in the United Kingdom, holding its own national accreditation and offering programmes that are an equivalent level to a United Kingdom degree.

The Home Office’s modernised guidance talks about ‘a course or period of study’ being permitted, rather than simply ‘a course’ (as mentioned in the Immigration Rules). It says that:

The Immigration Rules limit general visitors to a maximum period of 30 days study. This can either be in one period or in multiple periods totalling no more than 30 days, for example study on 30 separate days.

Institutions may choose to ask students who wish to undertake study (within the restrictions) on either general visitor or business visitor leave for written



confirmation that the study will not result in the student spending any more than 30 days studying within their grant of leave to enter.

Holders of long-term general visitor visas (that allow them to enter for up to six months on multiple occasions during a five or ten year period, for example) can, according to the modernised guidance on general visitors, enter on occasion, solely to take a course or period of study for not more than 30 days. ‘However, general visits must continue to be the primary reason for holding the general visit visa’. Someone coming on this basis can even be undertaking a distance learning course or pursuing a course of study overseas, according to the guidance, although remember that ‘general visits must continue to be the primary reason for holding the general visit visa’ (in other words, study must not be the main reason that they now use their long-term general visitor visa).

Sources:Immigration Rules part 2 paragraphs 40 – 46:Modernised guidance on General visitors (14 July 2014)

1.8.5.2 British-Irish Visa SchemeSince 12 October 2014, Chinese and Indian nationals are allowed to enter the UK if they have been issued with one of the following Irish short stay visas, endorsed with ‘BIVS’, for a period of 90 days or fewer: � Visit (family/friends) � Visit (tourist) � Conference / event � Business

See subsection 1.10.8.3 for more information about the requirements which have to be met for entry to the UK on this basis.

We have asked the Home Office whether someone who enters the UK in possession of such a visa can study, and if so, whether there are any restrictions on such study. We have not, at the time of writing, received a response. Please see the Stop Press section of the Manual for any updates.

Sources:Immigration Act 1971 section 9Immigration (Control of Entry through Republic of Ireland) Order 1972 (SI 1971/1610)



1.8.5.3 Business visitorsBusiness visitors who had leave granted between 6 September 2012 and 30 September 2013 are subject to a prohibition on study, but those whose leave was granted on or after 1 October 2013 are allowed to undertake study, in limited circumstances, in line with that permitted for general visitors (see subsection 1.8.5.1 above). As with general visitors, the modernised guidance for business visitors provides for those who hold long-term business visit visas (that allow them to enter for up to six months on multiple occasions during a five or ten year period, for example). Those with long-term business visit visas can be coming to the UK, on occasion, solely to undertake periods of no more than 30 days of study. However, the guidance states that business must still be the primary reason for holding the business visa. Visiting professors (see subsection 1.8.5.3.1) and academic visitors (see subsection 1.8.5.3.2) are both subcategories of business visitors, and are therefore permitted to study in these limited circumstances.

Sources:Immigration Rules part 2 paragraphs 46G – 46:www.gov.uk/government/collections/immigration-rulesModernised guidance on Business visitors (22 October 2014)

1.8.5.3.1 Visiting professorsThis provision was introduced on 27 November 2008.

The entry clearance guidance states that it is aimed at professors and teachers who come to the UK to oversee the studies of students on study abroad programmes.

Such professors and teachers may undertake a small amount of teaching, limited to the institution hosting the students they are supervising but must be employed and paid by the overseas academic institution and must not intend to base themselves or seek employment in the UK.

Visa nationals must apply for entry clearance online (except for applicants from North Korea who use form VAF1C) and the fee is £83. Non-visa nationals can apply free of charge on arrival in the UK. Visiting professors are granted a maximum of six months’ leave and, although they can apply to extend their leave if necessary, cannot spend longer than six months in total in the UK under this category. The relevant form for an extension application is FLR (O) and the



fee is £601 for a postal application or £1001 for an application made in person at a premium service centre.

There is no provision for family members to accompany or join visiting professors. They need to apply as general visitors or child visitors in their own right (see subsections 1.7.11 and 1.8.4.4).

Sources:Immigration Rules paragraphs 41 and 46GModernised guidance on Business visitors (22 October 2014)Entry clearance guidance VAT13 Business visitor, visiting professors (9 December 2013)

1.8.5.3.2 Academic visitorsThe Immigration Rules were amended on 27 November 2008 to provide for academic visitors and their family members. Academic visitors are classed as ‘business visitors’ and must meet the general requirements set out in paragraph 46G of the Immigration Rules. Before this, they were covered by a concession which operated outside the Immigration Rules.

Paragraph 6 of the Immigration Rules defines ‘academic visitor’ as:“a person who is from an overseas academic institution or who is highly qualified within his own field of expertise seeking leave to enter the UK to carry out research and associated activities for his own purposes”.

Since 20 July 2012, paragraph 46G of the Immigration Rules has contained the information that was previously in entry clearance guidance about who qualifies to enter or stay as an academic visitor:

“(1) he is an academic who is: (a) on sabbatical leave from an overseas academic institution to

carry out research; (b) taking part in formal exchange arrangements with UK

counterparts (including doctors); (c) coming to share knowledge or experience, or to hold informal

discussions with their UK counterparts, or (d) taking part in a single conference or seminar that is not a

commercial or non-profit venture;



(e) an eminent senior doctor or dentist taking part in research, teaching or clinical practice; and

(2) he has been working as an academic in an institution of higher education overseas or in the field of their academic expertise immediately prior to seeking entry;”

The entry clearance guidance also describes those who are unlikely to qualify:

“Recent graduates, especially those who gained their degrees in the United Kingdom, would not normally qualify. Their level of relevant expertise as an academic is likely to be insufficient.

Postgraduate researchers entering the United Kingdom to study for an accredited United Kingdom academic qualification (rather than for the purpose of academic research work that does not lead to a UK academic qualification) should enter as students if they meet the relevant requirements of the Immigration Rules. If they do not meet the student rules then they will need to meet the requirements of Tier 2 of the points-based system.

Lecturers: A person who wishes to come to the United Kingdom solely to undertake a series of lectures for which they will receive a fee will normally be required to seek entry under Tier 2 of the points-based system. Academics may, however, be eligible to enter as a mainstream business visitor for a maximum of 6 months if they are coming to participate in a conference or seminar where it is a single or occasional event, and the event is not a commercial venture.

Those who are on sabbatical leave from private research companies are not eligible for leave under the academic visitor provisions.

Sponsored researchers: A sponsored researcher is a person who wishes to come to the UK to lead or to take part in any formal research project. Formal research projects are those hosted but not necessarily funded by a UK research institution including universities, non-commercial research organisations, charitable organisations and national research councils (such as the Medical Research Council). The sponsored researcher fills a research post and works under the full or partial control



of the institution, which will itself benefit from the research. Sponsored researchers can be funded from sources in the UK or overseas.

Sponsored researchers should enter the UK under the Tier 5, Government Authorised Exchange, of the points-based system. However those academics who want to come to the UK simply to share knowledge or experience or to hold informal discussions with their UK counterparts may qualify as an academic under the Business Visitors route. This category may also be suitable for those who intend to conduct research for their own private purposes – such as to do research for a book – and are funded from a UK source (some fellowships exist to facilitate such research).”

1.8.5.3.2.1 Entry clearanceThose seeking entry as an academic visitor should be advised to obtain entry clearance, even if it is not compulsory for them (see subsection 1.9.2 if you are not clear about who must obtain entry clearance – entry clearance is compulsory for all visa nationals and anyone coming to the UK for more than six months). This should ensure that they will be given permission to enter for 12 months from the outset, avoid the charge for an extension application, and that they will have a right of appeal if a border force officer refuses them entry when they arrive at the port of entry to the UK (although this may change in the future if Administrative Review replaces the right of appeal). There is no such right for those without entry clearance.

When applying for entry clearance, academic visitors should ask the entry clearance officer to postpone the start date on their entry clearance until just before they are due to travel to the UK. That will ensure that they miss as little as possible of the 12-month period of permission to be in the UK granted to them. However, an entry clearance officer can only postpone the start date by up to three months. Academic visitors should apply online (except for applicants from North Korea who use form VAF1E) and the fee is £83.

Police registration will be required in accordance with paragraphs 325–326 for nationals of those countries listed in Appendix 2 of the Immigration Rules (see subsection 1.7.8 for more information about these requirements).

In addition, those applying to enter the UK for more than six months will be required to get a TB test, if they are from a country listed in Appendix T of the



Immigration Rules, unless they are exempt (see subsection 1.9.5.2 for more about these requirements).

1.8.5.3.2.2 Staying in the UK as an academic visitorAcademic visitors are permitted to stay for a maximum period of 12 months. Only those who have, or who were last granted, immigration permission as a business visitor can apply to stay in the UK as an academic visitor. Business visitors are those with leave as an academic visitor, to take the PLAB test, to take the OSCE, to undertake a clinical attachment or clinical observation post, as visiting professors and as religious workers, as well as those who come to the UK for business-related activities.

If an academic visitor applies to extend leave, the relevant application form is FLR(O). The fee is £601 if made by post or £1,001 if made in person at a premium service centre. For information about applying for a biometric residence permit, see subsection 1.11.5.

Switching into Tier 4 or employment at the end of an academic visit is not allowed.

Sources:Immigration Rules paragraphs 46G-46L and 325 – 326 Immigration Rules Appendix 2Immigration Rules Appendix TModernised guidance on Business visitors (22 October 2014)Modernised guidance on Biometric information (11 September 2014)Entry clearance guidance VAT12 Business visitor, academic visitor (9 December 2013)

1.8.5.3.2.3 Family members of academic visitorsThere are no separate provisions in the Rules for the family members of academic visitors. They apply under the Immigration Rules for general visitors if they are aged 18 or older and under the Immigration Rules for child visitors if they are under 18 years old. Unlike other general and child visitors, they can be granted leave for up to 12 months and should be given permission to be in the UK for the same amount of time as the academic visitor.

The Immigration Rules provide that family members can apply for leave for more than six months, and up to 12 months, only if they are accompanying an



academic visitor, and not if they are applying to join the academic visitor. However, the entry clearance guidance states that family members can apply to join an academic visitor:

“Partners and dependant [sic] children intending to accompany or join an academic visitor may be granted entry clearance in line with the principal applicant, providing they meet the general visitor/child visitor requirements”.

Guidance can be more generous than the Rules but in order to avoid problems it is safer if the family applies for leave together.

The Statement of Changes in Immigration Rules HC 693 has restricted eligibility as dependants of an academic visitor to their child, spouse or partner, for applications made on or after 6 November 2014. This is now in line with the entry clearance guidance. The Immigration Rules until this point refer simply to ‘a person accompanying an academic visitor’. If an academic visitor wishes to bring a family member who is not a spouse, civil partner or child this is possible if the stay is for no longer than six months, as the family member can apply as a general visitor or as a child visitor in the usual way.

Family members must apply for entry clearance if they are visa nationals, or if they intend being in the UK for longer than six months. They should apply online (or on form VAF1A if the applicant is from North Korea) and the fee is £83 per person.

They will be prohibited from working. Adult family members who want to study should apply as student visitors, if they already have an offer of a place on a course which meets the requirements for student visitors (see subsection 1.8.4). They will be able to stay for up to six months (or up to 11 months if they intend to study an English language course). Unlike other visitors, the children of an academic visitor can attend a maintained school during their stay here (see entry clearance guidance VAT12).

Any dependant applying separately from an academic visitor for leave to enter should, as part of their application, show the decision-maker a photocopy of the academic visitor’s passport, showing that they have been admitted as an academic visitor, and for what length of time. They should be prepared for problems if they want to be granted more than six months’ leave.



Each family member who needs to apply to extend their stay must apply separately, using separate FLR (O) application forms, but can apply at the same time. The fee for each application is £601 if submitted by post or £1,001 if made in person at a premium service centre.

Academic visitors and their family members should always try to avoid the cost and inconvenience of making an application in the UK by applying for entry clearance for the full period required.

Sources:Immigration Rules paragraphs 40-46 (general visitors) and 46A-46F (child visitors)Modernised guidance on Business visitors (22 October 2014)Entry clearance guidance VAT12 Business visitor, academic visitor (9 December 2013)Entry clearance guidance VAT03 Special visitor, child visitor (5 July 2013)Form FLR (O) and guidance noteswww.gov.uk/government/publications/application-to-extend-stay-in-the-uk-form-flro

1.8.5.4 The Objective Structured Clinical Examinations for overseas nursesFrom 6 November 2014, there will be provision in the Immigration Rules for those graduates of an overseas nursing school who wish to come to the UK to take the Objective Structured Clinical Examination (a condition for any overseas nurse wishing to work as a nurse in the UK under Tier 2 of the PBS). Those with leave under this route will be classed as ‘business visitors’, but the Rules relating to this route will be contained in Part 3 of the Immigration Rules.

Visa nationals must apply for entry clearance, and the maximum period of time in this route is six months.

The application form for this route has not, at the time of writing, been published. See the Stop Press section of this Manual for further updates.

Sources:Statement of Changes in Immigration Rules HC 693



Explanatory Memorandum to the Statement of Changes in Immigration Rules HC 693

1.8.5.5 The PLAB test for overseas graduate doctorsDoctors coming to the UK to take the Professional and Linguistic Assessment Board test (PLAB test) prior to practising medicine in the UK are classed as ‘business visitors’. However, the requirements that they need to meet are set out in Part 3 of the Immigration Rules, paragraph 75A.

Visa nationals must apply for entry clearance, online (or on form VAF2 if the applicant is from North Korea). The Home Office information about fees states that the relevant fee (under the heading ‘business visitors’) is £83. Non-visa nationals can apply free of charge on arrival in the UK. Doctors who need longer than six months can apply to extend their stay for six months at a time, up to 18 months in total. They must have entered the UK with immigration permission to take the PLAB test, so they cannot ‘switch’ from a different immigration status. The relevant form for an extension application is FLR (O) and the fee is £601 for a postal application or £1001 for an application made in person at a premium service centre.

Doctors with this immigration permission can undertake clinical attachments without needing to make another application, unless the period of the attachment is longer than the current leave granted. If they pass the PLAB test, they can apply to stay in the UK to undertake a clinical attachment. However, they cannot extend their stay as a Tier 4 migrant or under any of the work categories within the Points Based System.

There is no provision for family members to accompany or join doctors doing the PLAB test. They need to apply as general visitors or child visitors in their own right (see subsections 1.7.11 and 1.8.4.4).

Sources:Immigration Rules paragraphs 75A-75FModernised guidance on Professional and Linguistic Assessment Board (PLAB) test (11 July 2013)Entry clearance guidance VAT15 Business visitor, doctors coming for a PLAB test (10 December 2013)



1.8.5.6 Clinical attachments and clinical observation postsDoctors coming to the UK to undertake clinical attachments and dentists who wish to take up clinical observation posts are classed as ‘business visitors’. However, the requirements that they need to meet are set out in Part 3 of the Immigration Rules, paragraph 75G.

The entry clearance guidance explains the object of these provisions.Overseas doctors or dentists who wish to work in the UK may undertake periods of clinical attachments or dental observation posts in order to familiarise themselves with UK working practices. These clinical attachments and dental observation posts are unpaid and involve observation only and not treatment of patients.

Overseas doctors and dentists can apply for leave to enter to undertake clinical attachment or dental observation posts. However, doctors who are already in the UK on leave to take the PLAB test, or on leave as postgraduate doctors, dentists and trainee general practitioners, can undertake clinical attachments or dental observation posts under their existing leave. They will only have to apply separately under the specific rules on clinical attachments or dental observation posts where their period of existing leave (to take the PLAB Test or as a postgraduate doctor/dentist/trainee general practitioner) is due to expire before the end of the clinical attachment or dental observation post.

Visa nationals must apply for entry clearance, either online or on the relevant application form. The Home Office website states that the relevant form is VAF2, but its modernised guidance states that the relevant form is VAF1C. Applicants from North Korea who have to apply on the paper form should check with the entry clearance post before applying. Non-visa nationals can apply for entry clearance free of charge on arrival in the UK. They will be granted up to three months’ leave. The entry clearance guidance incorrectly states that the period of leave granted will be six weeks.

Doctors and dentists who need to stay for longer than three months can apply to extend their stay to up to six months in total. They must have immigration permission under this provision or under the provision for those taking the PLAB test. Alternatively, they must have immigration permission as a postgraduate doctor, dentist, trainee GP or as a work permit holder for work as a doctor or dentist under the Immigration Rules which were deleted on 31 March 2009. The



relevant form for an extension application is FLR (O) and the fee is £601 for a postal application or £1001 for an application made in person at a premium service centre.

Doctors and dentists who are in the UK with this immigration permission cannot extend their stay in the UK as a Tier 4 migrant or under the work categories, nor can they apply to stay to do the PLAB test.

There is no provision for family members to accompany or join doctors and dentists under these rules. They need to apply as general visitors or child visitors in their own right (see subsections 1.7.11 and 1.8.4.4).

Sources:Immigration Rules paragraphs 75G-75MModernised guidance on Clinical attachments and dental observers (24 January 2014)Entry clearance guidance VAT16 Business visitor, doctors and dentists (10 December 2013)

1.8.5.7 Visitors undertaking permitted paid engagementsThis category was introduced into the Immigration Rules on 6 April 2012. It allows specified groups of people to undertake specific paid engagements for a period of up to one month. These provisions allow a person to intend to do a number of pre-arranged permitted paid engagements. There are several engagements listed in the guidance. These include coming:

– as a visiting examiner or assessor, highly qualified in their own field of expertise invited by a UK higher education institution or research or arts organisation, to examine students and/or participate or chair in selection panels as part of that institution or organisations quality assurance processes

– as a visiting lecturer, invited by a UK higher education institution or UK research or arts organisation, to give one or a series of lectures in their field of expertise,”

Other permitted engagements include being a pilot examiner, advocacy as a qualified lawyer and carrying out an activity relating to the arts, entertainment or sporting profession.



In each instance, the applicant must provide evidence of a formal invitation, and show that the engagement relates to their expertise and/or qualifications, and full-time occupation overseas.

On 6 September 2012, the Immigration Rules were amended slightly to clarify that lectures must not be given as part of a formal teaching role.

Visa nationals must apply for a visa online (or using form VAF1C if the applicant is from North Korea) and the fee is £83. Non-visa nationals can apply for leave to enter on arrival in the UK. All applicants need a formal invitation to carry out the relevant permitted paid engagement and should provide evidence that this engagement relates to their work at home, expertise or qualifications.

There is no provision for family members who should apply in their own right as general visitors or child visitors.

Sources:Immigration Rules paragraphs 56X – 56ZModernised guidance on Visitors undertaking permitted paid engagements (18 March 2014)Entry clearance guidance VAT30 Special visitor, permitted paid engagement (2 May 2014)

1.8.6 Students studying abroad who want to study and/or work in the UK

The Tier 4 Immigration Rules provide for students who are studying on a degree course abroad and who come to the UK for any period to undertake study and/ or research in the UK. Such students should also be given permission to work on the usual student terms (see subsection 1.6.9.2). Students coming for six months or under who apply to enter as student visitors or as child visitors (see subsection 1.8.4) cannot do any work, whether paid or unpaid.

Some students doing degrees abroad might want to work full-time during their time in the UK. If they are also carrying out study or research in the UK and are in the UK with student or Tier 4 immigration permission, their period of full-time work must be undertaken during a vacation, or it must meet the definition of a work placement (see subsection 1.5.5.7). Under Tier 4, students can undertake



full-time work placements only as part of their overseas qualification, if the work placement takes up no more than 50 per cent of the time they spend on their course in the UK, and the students will spend at least 50 per cent of their time in the UK studying.

Students who do not wish to undertake any study in the UK or whose work would not meet the definition of a work placement, or who do not meet the requirements of Tier 4 for any other reason, will have to enter in a work-related category of the Immigration Rules. Temporary employment schemes and the Youth Mobility Scheme are part of Tier 5 of the Points Based System, which came into force on 27 November 2008. They are limited in their scope and students have to work for an employer with a Tier 5 sponsor licence. Under the Youth Mobility Scheme, governments act as Tier 5 sponsors and applicants can undertake work with any employer, but this scheme applies only to nationals of Australia, Canada, Hong Kong (from 1 January 2014), Japan, New Zealand, Monaco, Taiwan and South Korea plus British Overseas Citizens, British Overseas Territories Citizens and British Nationals (Overseas). Tier 5 applicants in most cases need entry clearance, and they should apply online (or if applying from North Korea under any of the Tier 5 Temporary Worker Schemes, other than Youth Mobility, on VAF9 plus Appendix 6 (Temporary Worker)). The fee is £208. There is a lower fee of £153 for those who apply under one of the Tier 5 Temporary Worker (not Youth Mobility) Schemes if the applicant is a national of Turkey or the Former Yugoslav Republic of Macedonia.

Sources:Tier 5 (Temporary Worker) policy guidance (6 April 2014) www.gov.uk/government/publications/guidance-on-application-for-uk-visa-under-tier-5-temporary-workerTier 5 (Youth Mobility Scheme) policy guidance (6 April 2014)www.gov.uk/government/publications/guidance-on-visa-applications-under-tier-5-youth-mobility-scheme

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