With effect from 19 April 2007

• A new requirement has been introduced whereby external students who have been accepted on a course of study at degree level or above at a private education institution must also be registered with the UK degree awarding body.
• A limited form of mandatory reporting has been introduced. All institutions are now required to maintain satisfactory records of enrolment and attendance of their students and supply these to the Border and Immigration Agency when requested to do so.
• A definition of a bona fide private education institution has been incorporated into the Immigration Rules. Previously these were published as a set of criteria in guidance notes.

With effect from 1 September 2007

• A new Student Visitor category has been introduced for short term students who wish to study in the UK for six months or less but who do not wish to take part-time employment or seek an extension to their student visitor leave. Visitors are no longer allowed to enter the UK to undertake a course of study.
• A mandatory entry clearance requirement has been introduced for those coming to the UK as a Student or as a Prospective Student.
• As a consequence of the introduction of the mandatory entry clearance requirement, the in-country switching provisions for Students and Prospective Students has been amended so that only those with a legitimate expectation to progress into the student route are allowed to do so. Subject to meeting the requirements of the Immigration Rules, Paragraph 60, overseas nationals with leave as a work permit holder, as a sabbatical officer, as a Fresh Talent: Working in Scotland scheme participant and those here with leave under the Science and Engineering Graduates Scheme (or, its successor, the International Graduates Scheme) are allowed to switch into the student category provided they are studying at degree level or above. Those here with leave to re-sit an examination or those with entry clearance as a Prospective Student are allowed to switch to undertake study at any level.

From 19 April 2007:

• The new restriction on external students affects those external students who have been accepted to study externally on a UK degree course at a private education institution. It does not apply to those external students who are studying for a UK degree at a private education institution included on the Department for Innovation, Universities and Skills' Listed Bodies Order.
• The limited mandatory reporting of enrolment and attendance by institutions affects publicly funded and private education institutions and independent fee paying schools. It is a mandatory requirement for these institutions to provide information on their students' enrolment and attendance when requested to do so by the Border and Immigration Agency.
• The definition of a bona fide private education institution will affect those private education institutions which are included on the Register of Education and Training of Providers. This makes the criteria more legally robust and allows Compliance Officers from the Border and Immigration Agency to put forward a much stronger case for private institutions to be removed from the Register.

From 1 September 2007:

• The new Student Visitor category affects short term students who have previously sought entry to the UK as visitors. Short term students are those students who are studying on a course of study of six months duration or less. Under the new category short term students who do not wish to take part-time employment and have no intention of extending their stay in the UK can benefit from these new provisions.
• The mandatory student entry clearance requirement affects all overseas nationals who wish to come to the UK for the purpose of study for more than 6 months or those who wish to study in the UK for six months or less but would like to take part-time employment.
• The mandatory prospective student entry clearance requirement affects all overseas nationals who wish to come to the UK to finalise their study arrangements before undertaking a course of study which meets the requirements for an extension of stay as a student.
• As a consequence of the introduction of the mandatory entry clearance requirement, the in-country switching provisions for students and prospective students has been amended so that only those with a legitimate expectation to progress into the student route will be allowed to do so. Overseas nationals with leave as a work permit holder, as a sabbatical officer, as a Fresh Talent: Working in Scotland scheme participant and those here with leave under the Science and Engineering Graduates Scheme (or, its successor, the International Graduates Scheme) are allowed to switch into the student category provided they are studying at degree level or above. Those here with leave to re-sit an examination and those with entry clearance as a Prospective Student are allowed to switch to undertake study at any level.

Why have the student rules been changed ahead of the introduction of a new Points Based migration system?

• These changes focus on proactive controls over individuals and measures that target facilitation through bogus colleges and external degree students. They build on action taken to date by enhancing Border and Immigration Agency's ability to detect and tackle abuse whilst, at the same time, assisting the education sector, by making some incremental steps towards future PBS sponsorship requirements.
• Since 2004 Border and Immigration Agency has introduced a number of changes all of which contribute to reducing the potential for abuse of the student route.
• This is consistent with our general aim of exporting our borders and increasing the rigour of our decision-making. It also helps us to prepare for the introduction of Tier 4 of the new Points Based System for overseas students which is due to be brought in during the first quarter of 2009.

Why have you introduced a mandatory entry clearance requirement on students coming to the UK?

By introducing a mandatory entry clearance requirement this will ensure that those wishing to study in the UK do so in the correct category.

It remains a concern that, despite restricting the ability of non-visa nationals to switch in country to study at degree level or above, this has not removed all the opportunities for abuse of the student route.

Students are granted a generous entitlement to work part-time in term time, full-time in vacations and it is right that this entitlement is only granted following a thorough assessment of a student's application by an Entry Clearance Officer.

Similarly it is important to note that non-visa nationals who wish to take a short course of study without any wish to take part-time employment may do so under the new student visitor category without the need to obtain an entry clearance.

Will the new mandatory entry clearance requirement deter potential students from choosing the UK as a study destination and damage the Prime Ministers Initiative?

Genuine students have nothing to fear from these proposals as the majority of students wishing to study in the UK for six months or more already seek entry clearance.

There is no evidence to suggest that having a mandatory entry clearance requirement in place has a significant effect on our ability to attract potential students to the UK to study.

These changes focus on proactive controls over individuals and measures that target facilitation through bogus colleges and external degree students. They build on action taken to date by enhancing Border and Immigration Agency's ability to detect and tackle abuse whilst, at the same time, assisting the education sector, by making some incremental steps towards future points based system sponsorship requirements.

Genuine students who have not yet finalised their study plans can seek entry clearance as a prospective student, and can then switch into the student category, provided they meet the requirements of the student rules.

The introduction of a mandatory entry clearance clearly sets out the requirements for entry and stay as a student in the UK. It also clarifies the routes of entry available to those considering the UK as a study destination.

Why have you decided to introduce a new student visitor category when the Immigration Rules already have a provision for those coming to the UK for the purpose of study?

Before 1 September 2007, the student rules did not properly serve the needs of those students who only wanted to come to the UK for a short period of study.

The new student visitor category is seen as offering the best balance of control and flexibility for the short term student who wishes to study in the UK but has no interest in working part-time or extending their stay.

Such students who are non-visa nationals are still able to seek leave to enter on arrival, so will not have to go through the process of obtaining an entry clearance before arriving in the UK. They will simply have to prove they have been accepted on a course of study at an institution on the Register of Education and Training Providers, so that we can be assured that they are studying at a genuine institution and meet the other requirements of the visitor route.

The new route also offers additional flexibility to the education sector allowing short courses to be combined with sightseeing and other activity breaks in the UK.

According to this, students will be able to come here before they have secured their course. How will we ensure the system isn't abused?

Before 1 September 2007, visitors were permitted to take a short course of study. We have now introduced the new student visitor route and included the need for the study to be at an institution on the Register of Education and Training Providers. This will ensure that the potential for abuse is reduced and the student is taking a program of study at a genuine institution.

The new student visitor category is seen as offering the best balance of control and flexibility for the short term student who wishes to study in the UK but has no interest in working part-time or extending their stay.

How will students who have to prove they have registered with a degree awarding body do so? How will this work in practice?

The student is required to provide documentary evidence to show they have completed the registration process. This could be a letter from the degree awarding body that they have applied for and been accepted onto an external degree course. It is likely that this evidence will have a dual signature, one from the degree awarding body and one from the private institution.

Why do you require a student visitor to study at an institution which is included on the Register of Education and Training Providers?

This requirement helps us to establish that the institution at which the student wishes to study is genuine.

In the future, following the introduction of the Points Based System, we may require student visitors to study at institutions which have been properly accredited.

Can a short-term student still be granted leave under the visitor provisions of the rules?

No, the new student visitor category removes the ability for short term students to be admitted under the provisions of paragraph 41 of the visitor Rules.

Why have you brought in a new requirement whereby an external student, who is studying externally for a degree at a bona fide private education institution, must be registered with the UK degree awarding body?

Border and Immigration Agency has encountered a number of applications where it has been discovered that external students who have started degrees courses at private education institutions have not been registered with the UK degree awarding body.

In some cases, the external student has not had the requisite entry qualifications to be accepted to sit their final exams.

The concern is that, in the absence of the external student being registered with the UK degree awarding body, these degree courses are being used as a means of remaining in the UK, rather than to study at degree level or above, for the purposes of switching in-country into the student category.

This new requirement seeks to prevent the opportunities for the abuse of such courses and strengthens the criteria for bona fide private education institutions which have now been incorporated into the Immigration Rules (see above).

It also serves to protect genuine students against those less reputable institutions who are more concerned about taking student fees than providing them with an education.

Does this requirement apply to any other type of institution which enrols external students on a degree course?

No, this only applies to private education institutions who enrol external students on UK degree courses, with the exception of those external students who are enrolled on a UK degree course offered by a private education institution which is included on the Department for Innovation, Universities and Skills' Listed Bodies Order. Students attending publicly funded institutions such as universities and colleges of higher education are not affected by this new requirement.

Why is it necessary to have a set of bona fide criteria to assess how private education institutions should operate?

Unlike publicly funded institutions of further or higher education, which are regularly inspected for the standard of education they provide, there are no statutory controls over private education institutions, although some institutions are accredited by such organisations as, for example, the British Council, the British Accreditation Council and the Association of British Language Schools.

There are a number of unaccredited private institutions on the current Register of Education and Training Providers and these criteria helps our Compliance Officers take action against those less reputable institutions who are more concerned about taking student fees than providing them with an education.

The initial set of published criteria incorporates a list of best practice requirements to which a number of additions and amendments have now been made in order to make them more useful for our Compliance Officers when assessing a private education institution.

Why have you incorporated the bona fide criteria for private education institutions into the Immigration Rules, and why hasn't this been done before?

By incorporating the criteria into the Immigration Rules our aim is to make them more widely known to existing and potentially new private education institutions in order to reduce the scope for abuse.

As the criteria now form part of the Immigration Rules this will make them more legally robust and will help our Compliance Officers in their dealings with private education institutions. In turn this will allow Compliance Officers to put forward a much stronger case to remove private institutions from the Register of Education and Training Providers.

Why did you make amendments to the bona fide criteria?

The old criteria had been in existence for many years and it was therefore decided to undertake a review of them in the light of visits by our Compliance Team to private education institutions following the introduction of the Register of Education and Training Providers on 1 January 2005.

Some shortcomings had been identified in the criteria and we took the opportunity to strengthen them thereby providing a more legally robust set of criteria for Compliance Officers in their dealings with private education institutions.

What are these amendments and what are their purpose?

A new requirement has been introduced whereby, if a private education institution is providing tuition support to an external degree level student, it must ensure that such a student is registered with the UK degree awarding body. This ensures that the responsibility for registration falls both on the student (see above) and the private education institution, thereby reducing the opportunity for these courses to be used as a mean of abusing the student route by extending an applicant's stay in the UK rather than to study at degree level. This requirement does not apply to external students who are studying for a UK degree at a private education institution which is included on the Department for Innovation, Universities and Skills' Listed Bodies Order.

At present institutions are encouraged to notify the Border and Immigration Agency on a voluntary basis when a student fails to enrol or discontinues their studies. This will become a mandatory requirement for sponsors (institutions) under the new Points Based System. Until the mechanisms are in place for such mandatory reporting to take place we have introduced a limited form of mandatory reporting whereby it is compulsory for all private education institutions to provide their records of enrolment and attendance to the Border and Immigration Agency when requested to do so.

What would happen if an educational institution didn't provide you with information on enrolment if requested?

Institutions will be expected to provide the information within 28 days from the date of request.

Where this deadline is not met this will trigger a number of responses by the Border and Immigration Agency which will escalate in severity:

• a warning letter will be sent to the institution;
• a visit may be undertaken by a Border and Immigration Agency Compliance Officer;
• ultimately, action may be taken to remove the institution from the Register of Education and Training Providers and all student applications to that institution could be refused.