UK Immigration Update: Tier 4 Student Applications have no Right of Appeal

Last month, the Home Office announced that from 20 October 2014 there will be no right of appeal for any Tier 4 Student applications or Tier 4 dependent applications. Instead applications made under the Tier 4 points based system will be subject to administrative review if refused. This is part of the new statement of changes in the Immigration Rules published on 16 October 2014.

Refusal of Tier 4 Student Applications Subject to Administrative Review

Tier 4 Student visa applications made on or after the 20 October 2014 will have no right to appeal. Any Tier 4 applications made before 20 October 2014 will still have the right to appeal even if the application is refused after 20 October 2014.

Administrative review will be only be available for applicants where an eligible decision has been made on the following Tier 4 Points based applications:

  • Leave to remain as a Tier 4 Migrant under the Points Based System;
  • Leave to remain as the partner of a Tier 4 Migrant under paragraph 319C of the Immigration Rules; or
  • Leave to remain as the child of a Tier 4 Migrant under paragraph 319H of the Immigration Rules.

The Administrative review process will also be available for applicants who have been refused leave to remain, where they do not have the right to appeal. The review aims to tackle case-working errors in a more efficient way then the current appeal process.

Further Changes to Tier 4 of the Points Based System

The Tier 4 Student and Child categories under the points based system are for those international students who wish to come to the UK to study and experience life and culture in the UK. The following changes are being made to the category:

  • Tier 4 (General) Students applying for a visa or an extension of stay who want to undertake a course at a Higher Education Institution in a discipline set out in Appendix 6 of the Rules are required to hold a valid Academic Technology Approval Scheme (ATAS) certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office. This is stated under Paragraphs 245ZV(da) and 245ZX(ea) of the Immigration Rules.
  • The Immigration Rules are being amended to clarify  that a new ATAS certificate must be obtained if the course content changes, the course end date is postponed significantly, or if the student wants to start a new course that requires ATAS clearance.

Successful UK Tier 4 Student Visa Applications & Appeals

Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a student visa application step by step and limit the possibility of failure by complying with the strict letter of law.

We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a student visa refused, contact us to discuss your case so that we can provide you with a case assessment.

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