If you wish to study in the UK, you will need to apply for a student visa. We can guide you through this process if you are making your first application or if your application has been refused.
The Tier 4 route deals with student migration. To be accepted under this route, the applicant is required to have gained the relevant points for their Certificate of Acceptance for Studies (CAS) and to have the relevant funds for maintenance – a figure which is determined based on their individual circumstances. To apply under this category, the applicant may submit a request to the British Embassy or High Commission in their country of residence.
The applicant will need to have been offered an unconditional place on a course from a licensed Tier 4 sponsor, be 16 years of age or over and have the ability to speak, read, write and understand English. They will need to be from a country that is not in the EEA or Switzerland.
The applicant can apply up to 3 months before the start of their course and will usually get a response within 3 weeks. The applicant will have to pay for the cost of their application as well as the healthcare surcharge.
The successful applicant can arrive in the UK 1 week before their course begins if it lasts less than 6 months, or 1 month before if the course lasts for more than 6 months. The length of their stay will be dependent on their course and what stage of the course they are at.
During the migrant’s time in the UK, they are allowed to work as a Student Union Sabbatical Officer, and work in most jobs – though this depends on the level of their course and the type of sponsor that they have. They will not be able to receive public funds or work in certain jobs or study at an academy or a maintained school.
Students on Tier 4 visas can study on a full-time course that is at a minimum of Level 6 on the Ofqual register or Level 7 on a part-time course. Once the applicant has received an offer of a place on a course, that education provider will send them a reference number; this is their CAS number. A visa can be applied for no later than 6 months after the CAS has been received. A CAS can be acquired in order to continue with an existing course of study.
The applicant must also demonstrate their knowledge of the English language by passing a Secure English Language Test (SELT). Not only must a SELT be passed, the test must be taken through a registered institution. The applicant does not need to pass this test if they have completed the equivalent of a UK degree in one of the following countries:
Further to this, the applicant does not need to sit this test if they have studied in the UK before under the Tier 4 Child Student (Visa) or if they come from the USA as part of a study abroad programme. Additionally, when applying for an extension to their stay, there must not be more than 28 days between expiry of the visa and the new course start date or the applicant will be asked to leave the UK and start the process again.
Temple Gate Solicitors are specialised in Tier 4 applications and can help you to apply for this visa. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.
The Tier 4 Child Student category, as the name suggests, is for younger students – between the ages of 4 and 17. Applicants can only be considered if they intend to attend a fee-paying school.
Students who are 16 and 17 years old may apply under the General or Child visa categories; to determine the appropriate category, they must consult with their Tier 4 sponsor to decide whether they would be learning under the National Qualification Framework – level 2 or level 3. All Child Student visa holders will need to submit their biometric information when applying for this visa.
For students under 16, their stay is determined by the length of their course plus 4 months or 6 years, whichever is shortest. For students over 16, the criteria are the same, except that the maximum time of study is capped at 3 years. When a child turns 18, they can stay on this visa until the end of their course but would need to apply for a Tier 4 General visa after that.
Temple Gate Solicitors are specialised in Tier 4 applications and can help you to apply for this visa. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.
International students who start their studies in the UK in or after 2020 will be able to benefit from the new post-study work visa (PSW) for graduates. This will usually provide a residence and work permit for 24 months after graduation.
What is the UK post-study work visa for graduates?
International students with a UK post-study work visa can stay in the United Kingdom for up to two years after graduation in order to find work.
These new rules will apply to all international students who begin their studies in or after autumn 2020. The overall goal is for holders of PSW visas to transition after the two years to a general work visa, and for the first two years they are free to work in any job they can find.
The possibility of staying and working for two years after graduation makes the UK an attractive destination for international students, as not many European countries provide their foreign students with such good conditions.
Can you work in the UK after graduation?
Yes. Holders of the new post-study work visa, can work in the UK after graduation. Any student enrolling at a UK university recognised as a “licensed visa sponsor” from September 2020 will be free to remain in the UK for up to two years after graduation to look for work related to their degree or course. The PSW visa requirements are expected to be the same as for their original student visa, and so grant of a PSW should be automatic if there has been no change in the student’s personal circumstances
Bachelor, Masters and PhD graduates are all entitled to a PSW visa.The PSW visa is meant to give graduates more time to find a job after university and does not change the rules on if you can work while studying before graduation.
Who is eligible for a UK post-study work visa?
The rules on staying in the UK to work after graduation have changed. Previously, they applied only to those with a PhD qualification; now, to help the UK grow its STEM industries, the system has been extended to include all international students on Tier 4 visas enrolled at a UK institution from September 2020 and who previously were allowed to stay for only four months.
When do the post-study work rules come into effect?
The new PSW will be available to every student on a Tier 4 visa accepted onto a course in 2020 or later.
Will EU students need a post-study work visa for the UK?
Yes, EU citizens will be treated in exactly the same way as non-EU students. An EU student starting at a UK university in 2019 qualifies to pay domestic rather than international fees all through their course, and universities in Scotland have extended this to students starting in 2020.
What happens after the post-study work visa ends?
A graduate with a post-study work visa can look for any kind of job and will generally be allowed to stay for up to two years after graduation with no restriction on the sort of work they are doing during those two years. After the two years are up, anyone wishing to stay in the UK for longer must apply for a ‘general work visa’ (or ‘skilled work visa’). This requires a job that fits the Tier 2 visa requirements which usually means a minimum salary of £30,000 per year, though this figure can be higher or lower for certain jobs.
Does it matter which university I graduate from?
Graduates from any UK university recognised by the British government as a trusted institution or “licensed sponsor”are eligible for the post-study work visa. Note that this recognition can be withdrawn if a university fails to uphold immigration and visa checks. Anyone planning to study in the UK should confirm that the university they are considering is a licensed sponsor.
Do I need a sponsor for the UK post-study work visa?
No sponsor is needed to qualify for a PSW visa. A sponsor, usually an employer, is usually needed for other types of visa.
For the PSW, the ‘sponsor’ is the qualifying university you graduate from. Every international graduate from the recognised list of UK universities is eligible to be granted a post-study work visa.
Does it matter what subject I study for post-study work?
No. Graduates from all academic disciplines qualify for a PSW.
In 2019, the UK government set easier visa rules for graduates from a Master’s degree or PhD in a STEM (Science, Technology, Engineering and Mathematics)field. 2020 sees this extended to any graduate of any degree from a trusted higher education provider.
PSWs will only be granted to graduates from a full degree course and will not be available to graduates from short courses, English language training courses, A-Levels or the Baccalaureate.
Will Brexit affect post-study work?
International students on a Tier 4 visa are not expected to see any impact from Brexit on their post-study work rights, and the PSW visa is seen as a way of ensuring talented students continue to choose UK universities after the UK leaves the EU. Depending on agreements concluded by the UK and EU, students from the EU are likely to become Tier 4 visa holders and be eligible for PSW visas just like anyone else.
Temple Gate Solicitors are specialised in UK Post-Study Work Visa matters and can help you with your application. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.
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