We just received an amazing news that our client has been given entry clearance as a student in a record amount of time, allowing her to arrive in the UK to study for her Master’s degree right in time for the start of her course . After finishing her studies, she will be able to remain in the UK because of the new Graduate visa route. The Home Office was successfully convinced by our competent team of Immigration lawyers that our client satisfies all eligibility and suitability standards pursuant to paragraph 24(i) of the Immigration Rules.
It is integral to file a properly drafted application with all of the required documents so as to avoid delays and refusals. It is therefore best to instruct a solicitor at an early stage.
Entry Clearance for Student Visa
You can apply for entry clearance for Student Visa UK if you are aged 16 or over and you:
- have been offered a place on a course by a licensed student sponsor
- have enough money to support yourself and pay for your course – the amount will vary depending on your circumstances
- can speak, read, write and understand English.
Eligibility Requirements for Student Visa Entry Clearance
An application for entry clearance must be submitted no later than 6 months prior to the commencement date of the course specified on the Confirmation of Acceptance for Studies (CAS). To qualify for student visa entry clearance, the applicant must fulfil the points-based requirements and earn 70 points. The applicant must be a genuine student and meet the genuineness test for student visa. The application for entry clearance must not fall under the general grounds for refusal as set out in part 9 of the Immigration Rules.
Valid Confirmation of Acceptance for Studies
The student sponsor who provided the Confirmation of Acceptance for Studies (CAS) must still have a valid student sponsor license on the date the application is decided. All of the following conditions must be confirmed by the confirmation, which must include all relevant details.
- The student must demonstrate how the English language criterion was satisfied and provide documentation of the sponsor’s evaluation of the applicant’s language proficiency.
- Details about the references that were evaluated must be included in the Confirmation of Acceptance for Studies Checking Service section.
- If the candidate is half way through their studies and applies for a full-time, salaried, elected executive post as a Student Union Sabbatical Officer, or
- if they are being sponsored to fill the job in the fall semester after graduation.
Approved Qualification Requirement
The course of study, unless it is a pre-sessional course, must lead to an approved qualification which is one of the following:
- validated by Royal Charter; or
- awarded by a UK recognized body; or
- covered by a legal agreement between a UK recognized body and another education provider or awarding body, which confirms both:
- the UK recognized body’s independent assessment of the level of the student sponsor’s or awarding body’s programme compared to the Regulated Qualifications Framework or its equivalents; and
- that the UK recognized body would admit any student who successfully completes the education provider’s or the awarding body’s named course onto a specific or a range of degree-level courses it provides; or
- recognized by one or more recognized bodies through a formal articulation agreement with the awarding body; or
- in England, Wales and Northern Ireland, is at Regulated Qualifications Framework level 3 or above; or in Scotland is accredited at Scottish Credit and Qualifications Framework level 6 or above; or
- an overseas qualification that UK NARIC assesses as valid and equivalent to Regulated Qualifications Framework level 3 or above; or
- an aviation license, rating or certificate issued by the UK’s Civil Aviation Authority.
If the applicant is applying for entry clearance or permission to stay and is applying as a Student Union Sabbatical Officer or to study on a recognized foundation programme as a doctor or dentist in training, they will meet the financial requirement and do not need to show funds.
If the applicant is applying for entry clearance, or is applying for permission to stay and has been in the UK with permission for less than 12 months, the applicant must have the following funds:
- If the applicant has paid a deposit to the student sponsor for accommodation the sponsor is providing, this deposit (up to a maximum of £1,265) can be offset against the funds required in ST 12.3.
- If the applicant has paid all or part of their course fees to their student sponsor this must be confirmed on the Confirmation of Acceptance for Studies, or the applicant must provide a receipt issued by the student sponsor confirming the amount of fees paid.
- Unless the applicant is relying on a student loan or an award from a Government or international sponsorship agency, they must show that they have held the required level of funds for a 28-day period as calculated in Appendix Finance FIN 7.1 to FIN 7.3.
- Unless ST 22.1. applies the applicant must show that they met the financial requirement as specified in Appendix Finance.
English Language Requirement
The applicant must show English language ability on the Common European Framework of Reference for Languages in all four components (reading, writing, speaking and listening) of at least:
- level B2, where the applicant is studying a course at UK bachelor’s degree level or above; or
- level B1, where the applicant is studying a pre-sessional course or a course below UK Bachelor’s degree level.
The applicant must show they meet the English Language requirement as specified in Appendix English Language.
- Where the student sponsor has assessed that the Student meets the English language requirement, they must state this and the method of assessment on the Confirmation of Acceptance for Studies.
- Where a Secure English Language Test is required, the name of the test provider, the unique reference number for the test and the score for each component tested (reading, writing, listening, speaking) must be included on the Confirmation of Acceptance for Studies.
Documents required to obtain an offer
The applicant must provide evidence of the qualifications or references they used to obtain the offer of a place on the course of study from the student sponsor, unless either:
- the applicant is applying for a course of study at degree level or above and is sponsored by a higher education provider with a track record of compliance; or
- ST 22.1. applies.
The evidence of each qualification must be one of the following:
- the certificate(s) of qualification; or
- the transcript of results; or
- a print out of the qualification or transcript results from the awarding body’s online checking service.
Where the applicant has provided a print out of qualifications or transcript results from the awarding body’s online checking service, the decision maker may require the applicant to provide the certificate of qualification or transcript of results.
Applying for Student Visa Entry Clearance after the refusal
If your application for student visa entry clearance has been refused by the Entry Clearance Officer (ECO) and you believe that the decision to refuse your application is valid and lawful and therefore cannot be challenged by way of Entry Clearance Appeal against student visa refusal, you have the option to re-apply for student visa. Our specialist immigration team can provide the required legal help and assistance with re-applying for student visa entry clearance after the refusal.
How our Immigration Solicitors can assist you in a Student Visa Application
Our immigration solicitors in London specialize in student visa applications and prepare applications to the highest standard. We have an impeccable track history of submitting successful student visa applications for a range of different clients. The key to submitting successful applications is being aware of the relevant Immigration Rules. Our immigration solicitors in London guide Applicants through the requirements and prepare detailed legal submissions in support of the application. In addition to the legal representations, our team of solicitors also provides multiple substantial reviews of the application bundle to ensure that the correct documentary evidence is submitted. We also prepare and assist with the submission of the application.
Why instruct our legal counsel?
Our team of solicitors and barristers represent your interests at all times. We start off with a customized strategy for each client. Before your case even reaches the Home Office UK Visa & Immigration department, we will be able to advise you regarding your immigration status or any issue from our very first appointment. We can help you with the filing of a student visa application to the Home Office on your behalf and try our best for you to be granted an entry clearance as a student.
We are based in the legal epicenter of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Royal Courts of Justice and other central London courts.
If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our contact form.