Student visitor

A new category of Student Visitor has been introduced for short-term students who wish to study in the UK. Short-term students are those who are studying on courses of six months duration or less.

• The category allows for short term students to undertake a short period of study during their visit to the UK;
• The Student Visitor is required to meet the requirements of the rules relating to visitors;
• In addition he/she will also have to demonstrate that he/she has been accepted on a course of study provided by an organisation which is included on the Register of Education and Training Providers;
• The maximum period of leave allowed in this category is six months;
• There are no provisions for Student Visitors to extend their leave in the UK or switch in-country to any other category. If they wish to follow a further course of study they must return to their home country and obtain a student visa.
• Any leave granted in this new category will be counted as a period spent as a visitor for the purposes of considering an in-country application for visitor leave.
• Only those over the age of 18 may apply in this category

Visa nationals who wish to enter the UK under this category should apply for entry clearance prior to arrival in the UK. Non-visa nationals do not need entry clearance prior to arrival but will need to declare their intentions to the Immigration Officer on arrival. They will be required to show evidence that they can meet all the requirements of the Immigration Rules, Paragraph 56K (below).

Requirements for leave to enter as a student visitor - Immigration Rules, Paragraph 56K

The requirements to be met by a person seeking leave to enter the United Kingdom as a student visitor are that they:

• are genuinely seeking entry as a student visitor for a limited period as stated by them, not exceeding six months; and
• have been accepted on a course of study which is to be provided by an organisation which is included on the Register of Education and Training Providers; and
• intend to leave the United Kingdom at the end of their visit as stated by them; and
• do not intend to take employment in the United Kingdom; and
• do not intend to engage in business, produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public; and
• do not intend to study at a maintained school; and
• will maintain and accommodate themselves and any dependants adequately out of resources available to them, without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends; and
• can meet the cost of the return or onward journey; and
• are not a child under the age of 18.

Leave to enter as a student visitor - Immigration Rules, Paragraph 56L

A person seeking leave to enter to the United Kingdom as a student visitor may be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, provided the Immigration Officer is satisfied that each of the requirements of Paragraph 56K is met.

Refusal of leave to enter as a student visitor - Immigration Rules, Paragraph 56M

Leave to enter as a student visitor is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 56K is met.

Amendment to visitor rules

An amendment has been made to the visitor rules so that no one is able to undertake a course of study in the UK if they have entered the UK as a visitor.

Child visitors - children as short term students

There are no specific provisions for children (under 18 years of age) to seek entry to the UK in the category of Student Visitor. In order to enable such students to obtain leave to enter the UK for a short course of study and ensure that existing child protection measures continue to apply (as provided for child visitor category), an additional requirement has been introduced into the child visitor provisions to enable a child to undertake a course of study at a private institution which is included in the Register of Education and Training Providers.

Children can be considered under the child visitor rules or Paragraph 57 of the student rules.

Mandatory requirements for students and prospective students

As from 1 September 2007 both visa nationals and non visa nationals are required to apply for entry clearance prior to arrival in the UK. This requirement is mandatory for those wishing to come to the UK for the purpose of study for more than six months or who are coming to study for six months or less but intend to take part-time work whilst here. The requirement to have a visa is also mandatory for prospective students.

Changes to those who may switch in-country

Whilst the 2006 Rules change (HC 1016) removed the ability of non-visa national visitors who have been accepted on a course of degree level or above to switch to the student category, other non-visa nationals with prior leave to enter or remain (except for those in some temporary work-related categories) retained their ability to switch to the student category if they had been accepted on a course of degree level or above. In making the further changes to the in-country switching provisions we have sought to ensure that we only allow those people who can be said to have a legitimate expectation to progress into the student route to do so. These now include:

• Work permit holders
• Sabbatical officers
• Those doing re-sits
• Participants in the Fresh Talent: Working in Scotland scheme; and
• Science and Engineering Graduates Scheme participants (or, its successor the International Graduates Scheme)

Under the rules change Student Dependants and Working Holidaymakers are no longer able to switch to the Student category. They will have to return to their home country in order to make an application for visa as a student or prospective student.