The current Student Visa routes replaced the former Tier 4 (General) and Tier 4 (Child) routes on 5 October 2020.
The Student routes under the Points-Based System are for international students (including EEA nationals from 1 January 2021) who wish to come to the UK to study and experience life and culture in the UK. There are two categories; Student visas, for migrants coming to the UK for post-16 education and Child Student visas for children between 4 and 17 years old coming to the UK for their education. Child Students can only study at independent schools.
Our expert team of immigration solicitors can assist you with the preparation of your Student Visa application and ensure that you meet with all the requirements under the Immigration Rules Appendix ST: Student and Appendix CS: Child Student. We can ensure that all key points are substantiated with documentary evidence thereby leading to a successful application and avoiding the unnecessary expense of resubmitting your Student visa application to the Home Office.
Eligibility for a Student Visa
As the Student Visa and Child Student Visa categories are under the Points-Based Immigration System, applicants will need to demonstrate that they have 70 points in total namely; they must hold a valid Confirmation of Acceptance for Studies (CAS) from a fully licensed Student Sponsor listed on the Home Office Register of Sponsors and must also meet the maintenance and English language requirements.
Since 6 April 2017, there have been stringent changes in relation to visa applications from international students which have been described as tactics by the UK Government to deter overseas students from applying to UK universities in a bid to reduce the UK’s net migration figure. This crackdown has been said to be unfair for international students who wish to study in the UK and many have argued that international students should not be included in the UK’s net migration figure as figures show that international students contribute almost £11 billion to the UK’s economy and are not a burden on the UK tax payer.
Despite the recent changes relating to Student applications, our expert immigration team are regularly instructed to prepare Student Visa applications and have the relevant expertise to prepare a properly executed application which is accompanied with the requisite documents to give it the strongest chance of success.
Obtaining a Student Sponsor Licence
As a Student Sponsor, you must meet the standards set by the Home Office and once you have met this standard, the Home Office will give you an A-rating/B-rating for 12 months. You must then apply for HTS status no later than 12 months from the date that you were granted your licence. The Student Sponsor Licence will be valid for four years and if you wish to continue to be a sponsor you must renew the sponsor licence. Education providers who held a valid Sponsor Licence under the previous Tier 4 route on 5 October 2020 will not need to reapply for the Student Sponsor Licence as it would have automatically been transferred.
Assigning a Certificate of Sponsorship (CAS)
Once you have a Student Sponsor Licence, you will be able to assign a CAS to students wishing to come to the UK to study. The CAS is valid for six month and if the prospective student does not use the CAS, it will automatically become invalid and you will need to re-issue the CAS. As a licenced sponsor, you will need to comply with your duties which include informing the Home Office of students who were granted leave but failed to enrol and students who are continuously absent for significant periods of time.
Our Legal Services for a Student Visa Application
- Advise education providers on the procedure for applying for a Student Sponsor Licence;
- Act as the Key Contact or Level 1 User or Level 2 User of the company;
- Advise employers/employees on the likelihood of getting sponsored;
- Advise and represent clients in making their leave to remain/entry clearance applications;
- Advise and represent clients’ dependants seeking dependent visas;
- Lodge an appeal (in-country only) or make a request for an administrative review if your application is refused; and
- Judicial Review of refused application.
Immigration Health Surcharge (IHS)
The Immigration Health Surcharge (IHS) was introduced by the Home Office on 6 April 2015 and applies to temporary, non-EEA migrants who are coming to the UK for more than 6 months. Payment for IHS is collected by the Home Office and goes directly to the National Health Service (NHS).
If instructed, our team of expert lawyers can consider whether you will need to pay the IHS. If you wish to consider your options, please contact our team today and arrange a meeting with a qualified immigration solicitor who can advise you of your options.
Expert UK Immigration Solicitors
Our immigration solicitors can help you prepare your Student visa application; our expert team offer some of the following services:
- Consultation in person or via Skype or telephone with an experienced immigration solicitor who can advise on whether you meet the eligibility requirements and the merits of your application;
- Tailored legal advice which will assist you in collating the documents required for an application; and
- Preparation of the relevant application forms and legal representations.
If you wish to have your documents checked by an expert immigration solicitor, please contact us so we can explore your options.
We are a UK law firm based in Middle Temple, London and our solicitors are fully authorised by the Solicitors Regulation Authority (SRA). Contact our professional personal immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our Contact Form or give us a call on 02071830570.