Chapter 12 - Entry for studies (Part 1)

12.1	Government policy on overseas students
12.2	Categories of persons allowed to enter for study or study-related purposes
12.3	What type of entry clearance to give
12.4	Students and how they qualify [Updated]
12.5	Register of Education and Training Providers
12.6	Educational establishments
12.7	Evidence of acceptance on a course [Updated 16 June 2008]
12.8	The structure of a course (hours, subject, etc) [Updated 6 August 2008]
12.9	Ability and intention to follow a course
12.10	External student at a private education institution studying for a UK degree
12.11	Academic Technology Approval Scheme [Updated 30 September 2008]
12.12	Intention to leave the United Kingdom after completing studies
12.13	Employment during periods of study
12.14	Sandwich Courses / Internships
12.15	Evidence of funds [Updated 7 July 2008]
12.16	Sponsored students
12.17	Student exchanges
12.18	Period of leave to grant
12.19	Student nurses and how they qualify
12.20	Postgraduate doctors and dentists
12.21	Medical Practitioners taking the Professional and Linguistic Assessment Board (PLAB) tests
12.22	Clinical Attachments and Dental Observations [Updated]
12.23	Students writing up a thesis
12.24	Re-sitting an examination
12.25	Prospective students and how they qualify
12.26	Students' Unions sabbatical officers
12.27	Dependants of students and prospective students and how they qualify
12.28	Parents with children at school in the United Kingdom
12.29	Advice on students going for certain types of study
12.30	Students travelling on stateless or refugee documents
12.31	Higher degree students at private colleges or research institutes
12.32	Visiting postgraduate students enrolled on degree courses overseas
12.33	Junior Research Fellows
12.34	Postgraduate students working as researchers in the UK

1 September Student Rules Changes: Flowcharts

1 September Student Rules Changes: Q & A

Annexes

12.1	Prime Minister's Initiative (PMI) priority countries
12.2	Table indicating the length of leave to be granted
12.3	Types of educational establishment
12.4	List of main sponsored programmes for overseas students
12.5	Government and NDPB funded exchange organisations
12.6	Advice on dealing with certain categories of student
12.7	Disciplines for which an Academic Technology Approval Scheme (ATAS) certificate is required for the purposes of Paragraph (57(v) of the Rules.  See FCO website  [Updated 30 September 2008]
12.8	Blank ATAS certificate [Updated]
12.9	ATAS Refusal Notice - Text templates [Updated]

Chapter 12 - Entry for studies (Part 1)

12.1 - Government policy on overseas students
The British Government is committed to encouraging people from overseas to study and train in Britain at a formative stage of their careers because:

• they bring cultural benefits and enrich the institutions they attend by contributing new ideas, attitudes and experiences;
• they return home with an enhanced appreciation of British life, ideas and values, culture and institutions, and a good command of the English language;
• as they rise to positions of influence in their professions, their experience is likely to predispose them to look to Britain for ideas, technology, trade and investment;
• they provide a significant source of income for British academic institutions, and can contribute to the development of the institutions' international contacts and their reputation as centres of excellence;
• support for the education and training of students from developing countries is an integral part of HMG's overseas development policy.

The Prime Minister's Initiative (PMI)
In June 1999 the Prime Minister launched an initiative to encourage international students to study and train in the UK, saying: "People who are educated here have a lasting tie to our country. They promote Britain around the world, helping our trade and diplomacy. It is easier for our executives and our diplomats to do business with people familiar with Britain". The PMI aims to build long-term and sustainable relations between the UK and overseas countries through education and training. It prioritises:

• Engaging the interests of international students;
• Encouraging more to seek access to UK education and training programmes;
• Providing them with a rewarding education and training experience of the UK;
• Maintaining contact with them as they move through their career.

The key elements of the PMI are:

• a world-wide campaign based on the EducationUK Brand to extend the credentials of UK education and training;
• making entry and visa arrangements more user friendly (further information available at British Council - PMI Student Experience);
• making it easier for international students and their dependants to work in the UK. A booklet published by the Department for Education and Skills gives students information about working and studying in the UK (International students working in the UK - What you need to know);
• an increase in international student numbers by 50,000 in higher education and 25,000 in further education by 2005;
• an increase in the number of Chevening scholarships from 2,000 to 3,000 by 2005.

PMI - Phase 2
In April 2006, the Prime Minister launched the second phase of his PMI strategy. This aims to attract an additional 100,000 overseas students to the UK over the next 5 years. More information is available on the Prime Minister's Initiative for International Education web page on the British Council's website.

A list of Priority 1 and 2 target countries is at Annex 12.1 Further information on studying in the UK and access to a searchable database of courses and institutions, is available at www.educationuk.org

British Council
Entry clearance staff are encouraged to develop and maintain regular contact with local British Council staff dealing with both scholarship students and self-funded students. The British Council administers most of HMG's scholarship schemes for Foreign and Commonwealth students and OGDs (including Chevening). It also manages many schemes sponsored by the UK private sector.

Liaison with the British Council should enable applications from such students to be dealt with generally on the papers (although interviews can be conducted where necessary) and provides an efficient system for processing candidates for entry clearance. The British Council will be able to tell Posts what criteria have already been fulfilled at the scholarship approval stage (for example, ability to follow the course of study should already have been demonstrated).

The British Council also produces a useful information pamphlet "First Steps" for international students which includes the entry clearance requirements that they need to meet.

A guide to entry clearance for international students coming to study in the UK 2006-07

The British Council, in conjunction with 

UK Border Agency, Visa Services Directorate produces guidance for Entry Clearance Officers in the range of courses available in the UK. This guidance note was last updated in July 2006 and provides useful details regarding the kind of courses on offer to students:

International students for the UK - Guidance note for entry clearance officers

For further information on UK qualifications, please use www.educationuk.org or consult the "Guide to British Education" which should be available at your local British Council office.

The British Council regularly inspects organisations in the UK offering courses in English as a Foreign Language (EFL). If those organisations meet high standards of quality they are accredited by the British Council under the Accreditation UK Scheme. The scheme is managed by the British Council in partnership with English UK. There are over 395 schools, colleges and universities throughout Britain accredited by the British Council. A list of accredited institutions can be accessed at www.britishcouncil.org/accreditation-az-list.htm

Chevening Scholars
Chevening Scholars have been specially selected as people whom HMG believes will go on to become the future leaders, decision-makers and opinion formers in their countries and who will retain strong friendships with the UK. They are carefully chosen by Posts to meet FCO strategic priorities and generally do not pose an immigration risk. The British Council and Political Section should be advising Chevening Scholars to apply for entry clearance in good time. Efforts should be made to do all that you can to facilitate entry clearance procedures for them. These applications should be processed as a high priority.

Chevening Fellows
The FCO has introduced a new Fellowships initiative as part of the Chevening Programme. Fellows are mid-career professionals identified by overseas Posts. They come to the UK for tailor-made courses in subjects relevant to the UK's strategic international policy priorities. Chevening Fellows are supported fully during their 12 week course (with accommodation, living allowances, insurance etc) and hold return tickets. Chevening Fellows are advised by the FCO and British Council to apply for 6 month visas on code 2 conditions as sandwich course students. It is important that Chevening Fellows are granted these conditions as the timing allows them to have a month's holiday and time to network before returning home. The course also involves a two week work placement. ECOs should note that the Chevening Fellowship Certificate can be regarded as a nationally recognised qualification for the purpose of complying with the sandwich course requirements. These applications should be processed as a high priority and should receive gratis entry clearance.

English language training
English language training is also a key element of the PMI: students who learn English in the UK are much more likely to be well disposed to the UK. More than 600,000 overseas students travel every year to study English in the UK, on courses ranging from summer school to degree and vocational/business-related qualifications. As with other student categories, this figure should increase as a result of the PMI. UK universities and colleges of higher and further education offer English language courses. Most English language schools are, however, privately owned and situated in tourist resorts, allowing students to learn English whilst also enjoying a short holiday, although the majority of students are adults following professional and business English courses. Some also offer longer courses leading to recognised qualifications such as the Cambridge First Certificate, the Cambridge Proficiency and the 3 stages of the Royal Society of Arts (RSA).

12.2 - Categories of persons allowed to enter for study or study-related purposes
The categories of persons who are to be considered under the provisions for Students in the Rules are:

Child Visitors	Rules Paragraphs 46A - 46F see Chapter 10.16
Student Visitors	Rules Paragraphs 56K -56M see Chapter 10.16
Students	Rules Paragraphs 57-62
Student nurses	Rules Paragraphs 63-69
Students re-sitting an examination	Rules Paragraphs 69A-69F
Students writing up a thesis	Rules Paragraphs 69G-69L
Overseas Qualified Nurses	Rules Paragraphs 69M-69R
Postgraduate Doctors and Dentists	Rules Paragraphs 70-75
- to take the PLAB test	Rules Paragraphs 75A-75F
- to undertake a clinical attachment	Rules Paragraphs 75G-75M
Spouses / civil partners of students	Rules Paragraphs 76-78
Children of students	Rules Paragraphs 79-81
Prospective Students	Rules Paragraphs 82-87
Sabbatical officers	Rules Paragraphs 87A-87F
Student exchanges	Concession outside the Rules

These categories are dealt with in detail below.

12.3 - What type of entry clearance to give

12.3.1 - Mandatory entry clearance requirement for students
From 1 September 2007, it is a mandatory requirement that non-EEA nationals seeking entry to the UK for the purpose of study, obtain prior entry clearance as a student before arriving in the UK. See also Paragraph 12.25 below on the mandatory entry clearance requirement for prospective students.

The only exceptions are those who are:

• British Nationals (Overseas)
• British Overseas Territories Citizens
• British Overseas Citizens
• British Protected Persons
• British Subjects under the British Nationality Act 1981

The British nationals listed above without the right of abode in the UK are not affected by the new mandatory student entry clearance requirement and will still be able to travel to the UK without a student entry clearance. However, irrespective of the period of leave requested and subject to meeting the requirements of the student rules, leave to enter the UK can only be granted up to a maximum of six months by an Immigration Officer at port of entry.

Where appropriate, the requirement to register with the police will apply. Please see Chapter 1.4 for details.

12.3.2 - Children
Although there is no lower age limit specified in the Rules, children under the age of 5 years are considered to be of pre-school age and therefore do not normally qualify for entry as students. This is due to the fact that pre-education is not covered by the Education Act 1994, and therefore the requirements of Paragraph 57(iii) of the Immigration Rules cannot be met.

Children under 16 years of age may only qualify as students under the provisions of Paragraph 57 (iii) of the Rules if they are enrolled at an independent fee-paying school on a full-time course which meets the requirements of the Education Act. ECOs can verify the status of a school/college (i.e. independent fee-paying school or publicly funded) by referring to their entry on the Register of Education and Training Providers.

There is no provision in the Immigration Rules for an overseas student to come to the UK to attend a state maintained school (i.e. non fee-paying), except where the applicant applies to attend a state maintained school as part of an organised exchange programme (see Paragraph 12.17 for further information). In the School Standards and Framework Act 1998 there are four types of maintained school identified: Community Schools, Voluntary Controlled Schools, Foundation Schools and Voluntary Aided Schools. In further education, City Academies and City Technology Colleges are also publicly funded institutions. These schools and colleges should not normally be accepting international students.

ECOs should note that children over 16 years of age may attend sixth form colleges if the sixth form college is not attached to a maintained school (see Annex 12.3 for details). All colleges must be on the Register of Education and Training Providers in order to recruit international students. In cases where there is doubt as to the status of a sixth form college, the ECO should contact the institution and ascertain its status, or contact the Department for Children, Schools and Families at info@dcfs.gsi.gov.uk.

Those who are not enrolled on a full-time course of studies which meets the requirements of the Education Act 1944, may be considered under the Child Visitor provisions of the Rules, for example, for short-term English language studies during holidays or term time, or when attending Summer Schools (see Chapter 10.16).

Fee
The standard student entry fee should be charged for a student application whatever the length of stay intended in the UK. This fee is currently set at £99 (2007).

12.4 - Students and how they qualify - Paragraph 57 of HC 395 (as amended)  [Updated]
The requirements to be met by a person seeking leave to enter the United Kingdom as a student are that he/she:

• has been accepted for a course of study, or a period of research, which is to be provided by or undertaken at an organisation which is included on the Register of Education and Training Providers www.dfes.gov.uk/providersregister, and is at either:
  • a publicly funded institution of further/higher education which maintains satisfactory records of enrolment and attendance of students and supplies these to the UK Border Agency when requested; or
  • a bona fide private education institution, or
  • an independent fee paying school outside the maintained sector which maintains satisfactory records of enrolment and attendance of students and supplies those to the UK Border Agency when requested; and
• is able, and intends, to follow either:
  • a recognised full-time degree course or postgraduate studies at a publicly funded institution of further/higher education; or,
  • a period of study and/or research in excess of 6 months at a publicly funded institution of higher education where this forms part of an overseas degree course; or
  • a weekday full-time course involving attendance at a single institution for minimum of 15 hours of organised daytime study per week of a single subject or directly related subjects; or,
  • a full-time course of study at an independent fee paying school; and
• if under 16 years, is enrolled at an independent fee paying school on a full-time course of studies which meets the requirements of the Education Act 1944;
• if he/she has been accepted to study externally for a degree at a private education institution, he is also registered as an external student with the UK degree awarding body; and
• holds a valid Academic Technology Approval Scheme (ATAS) clearance certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office which relates to the course, or area of research, he intends to undertake and the institution at which he wishes to undertake it; if he intends to undertake either;
  • postgraduate studies leading to a Doctorate or Masters degree by research in one of the disciplines listed in paragraph 1 of Appendix 6 to the Immigration Rules; or
  • postgraduate studies leading to a taught Masters degree in one of the disciplines listed in paragraph 2 of Appendix 6 to these rules; or
  • a period of study or research, as described in paragraph 57(ii)(b), in one of the disciplines listed in paragraph 1 or 2 of Appendix 6 to these Rules, that forms part of an overseas postgraduate qualification; and
• intends to leave the United Kingdom at the end of his studies; and
• does not intend to engage in business or to take employment, except part-time or vacation work undertaken with the consent of the Secretary of State; and
• is able to meet the costs of his/her course and, accommodation and the maintenance of himself/herself and any dependants without taking employment or engaging in business or having recourse to public funds.
• and holds a valid United Kingdom entry clearance for entry in this capacity.

12.5 - Register of Education and Training Providers
On 1 January 2005 a new requirement was introduced in the Rules for those seeking leave to enter or leave to remain in the United Kingdom for the purpose of study. The education provider must be registered for the inclusion in the Register of Education and Training Providers (formerly known as the Department for Education and Skills' Register of Education and Training Providers).

From 1 January 2005, anyone seeking entry to study in the UK will have to demonstrate that he/she has been accepted on a course of study or period of research at an education provider included on the Register.

12.5.1 Education and Training Providers not included on the Register of Education and Training Providers
Where the education provider at which a student has been accepted for a course of study or period of research is not included on the Register, the application should be refused as the requirement in Paragraph 57(i) of the Immigration Rules is not met. ECOs should however refer to the guidance on student exchanges (see Chapter 12.17 for details of this concession) and St George's University School of Medicine (see Annex 12.6 for details on this concession).

It is important to check the Register each time an application is assessed as an institution may be added or removed from the Register.

12.5.2 Access to Register of Education and Training Providers
Entry Clearance Officers may access the Register via www.dfes.gov.uk/providersregister website.

ECOs are reminded that, when searching the Register of Education and Training Providers, they should be aware that schools, departments and faculties are often part of an institution and not a separate body. Therefore, they will not be entered on the Register separately. It is very important that in cases where ECOs are uncertain about whether a school, department or faculty is part of an institution on the Register, they should check with that institution before reaching a decision on the application.

ECOs should also note that universities and colleges can be recorded on the Register in either their abbreviated name or by their legal title. In cases of doubt, ECOs should also check the institution address against the Register to verify that the institution is recorded on the Register.

The Register records some publicly funded education/training providers, such as universities, as only having one address when they are operating from more than one site. As these were automatically included on the Register, the address shown in the Register represents that of the main administrative address rather than those of its various campus sites. If an ECO encounters one of these unlisted campus site addresses, the general advice is to contact the university and ask for confirmation that the unlisted campus address forms part of the university.

12.5.3 Enquiries about registration
Entry Clearance Officers should not normally receive enquiries about the registration scheme from education and training providers. However, if any such enquiries are received, the following contact information about registration should be given:
email: info@dcsf.gsi.gov.uk or
Registration website: www.dfes.gov.uk/providersregister

The website page provides details of the address to which applications for registration should be sent:
Register of Education and Training Providers
PO Box 54876
London
SW1P 9EZ

12.5.4 Definition of a bona fide private education institution
A revised definition of a bona fide private education institution was introduced into the Immigration Rules on 19 April 2007.

Defined in Paragraph 6 of the Rules, 'a bona fide private education institution' is a private education institution which:

• maintains satisfactory records of enrolment and attendance of students, and supplies these to the UK Border Agency when requested;
• provides courses which involve a minimum of 15 hours of organised daytime study per week;
• ensures a suitably qualified tutor is present during the hours of study to offer teaching and instruction to the students;
• offers courses leading to qualifications recognised by the appropriate accreditation bodies;
• employs suitably qualified staff to provide teaching, guidance and support to the students;
• provides adequate accommodation, facilities, staffing levels and equipment to support the number of students enrolled at the institution; and
• if it offers tuition support to external students at degree level, ensures that such students are registered with the UK degree awarding body.

12.6 - Educational establishments
Annex 12.3 describes the various types of UK educational establishments.

12.7 - Evidence of acceptance on a course of study or period of research [Updated 16 June 2008]
Satisfactory evidence of acceptance usually takes the form of confirmation by a university or other higher education institution, further education establishment, an independent school or bona fide private education institution that a student has received an unconditional offer of a place on a full-time course of study or period of research. Students should be encouraged to apply in good time so that their application can be processed before their course start date: in cases where the start date has passed, students should supply new offer letters, giving a new start date.

A student should normally provide an up-to-date letter from a school, college or university containing the following information:

• the type of course of study or period of research;
• what qualification it will lead to;
• the duration of the course of study or period of research (including the start and end dates);
• the number of hours of organised daytime study per week (not including comfort breaks or lunch), or confirmation that the course is a full-time degree course at a publicly-funded institution or a full-time course at an independent fee-paying school;
• the cost of the course of study or period of research;
• whether the fees have been paid in part or in full; and
• the level or stage reached (if continuing a course).

In some cases students may have "conditional" offers or acceptance for courses/studies based on achieving certain examination results. If the examination results are not available at the time the student has to make an application for entry clearance (for example, the peak summer period), the application can be processed and the interview conducted although the issuing of entry clearance/visa (as appropriate) should be deferred until confirmation of acceptance is produced.

Care should be taken to ensure that the document produced is genuine. A check should be made with the school in any case where there is any reason to suspect that a false letter has been produced on authentic paper misappropriated from the educational establishment concerned, or with forged or photocopied headed writing paper.

12.8 - The structure of a course (hours, subject, etc)  [Updated 6 August 2008]
The applicant will need to satisfy the ECO that the following basic requirements for the structure of a course of study are met:

• is a weekday full-time course involving at least 15 hours organised daytime study per week;
• it covers a single subject, or subjects which are directly related (see part-time and evening courses below); and
• attendance is at a single institution.

The only exception to these requirements are for those enrolled at independent fee paying schools or on full-time degree courses of study or periods of research at publicly funded institutions of further of higher education where, although there may be less than 15 hours of organised study or research, it is accepted that this is necessarily supplemented by self-study. This also applies to those following degree courses at bona fide private education institutions where the degree will be awarded by a recognised university, including the Open University.  (See 12.10 External Students). All other students must demonstrate that they meet the requirement to spend at least 15 hours per week in organised daytime study.

The fifteen hours of organised daytime study per week should not include time taken for comfort breaks or lunch.

Students following overseas degrees
Rules changes made on 30 November 2007 allow undergraduate and postgraduate students studying at overseas institutions to undertake a period of study and/or research of more than 6 months at a publicly funded institution of higher education, e.g. a university, if it forms part of their overseas degree programme, and the following requirements are met:

• the applicant has provided an acceptance letter from the UK publicly funded institution of higher education; and
• the applicant has provided a letter from the overseas institution confirming enrolment on the overseas degree course and that the student is going to a named UK publicly funded institution of higher education to undertake a period of study and/or research which will count towards the overseas degree qualification; and
• the applicant intends to leave the UK at the end of the period of study and/or research(in order to complete their overseas degree).

There is no need for the scheme to be an exchange, i.e. that reciprocal arrangements must be in place, although it is understood such arrangements do exist in many universities. Such agreements may or may not involve fees.

Those undertaking periods of study/ research for 6 months or less at publicly funded institutions of higher education may be considered as Student Visitors (see ECG 10.17).

NVQ courses
NVQ courses are work related and competence based. A large part of an NVQ course is likely to be of a practical nature and involve employment. In order to meet the requirement of 15 hours organised day time study per week, hours spent on a work placement (paid or unpaid) can be taken into account if they are a necessary part of the course and are undertaken with the agreement of the educational establishment concerned.

Part-time courses
Occasionally students may be obliged by the nature of the examination syllabus to enrol on two or more part-time courses. This is acceptable as a course of study provided the arrangements involve attendance at a single institution for a minimum of 15 hours organised daytime study a week and the subjects are directly related.

Evening and weekend courses
Evening (6pm or later) and weekend courses do not meet the requirements of the Rules, i.e. they are not daytime or weekday. Where classes start during the afternoon and continue beyond 6pm the whole time may be counted provided that a substantial part of the class takes place during the daytime.

Private tuition/study and correspondence courses
There is no provision in the Rules for a student to be admitted to undertake private tuition/study or correspondence courses (including such courses as the Open University - subject to guidance below - and the London School of Journalism) because of the difficulty in ensuring that the student is genuinely occupied in study full-time. One exception is music students who may devote time to private practice. (see Annex 12.6 for more details).

ECOs should note, however, that individual tutors may run small private schools from their own homes. Where an application is received to attend such a school, care should be taken to ensure this application fully meets the requirements of Paragraph 57 of the Immigration Rules.

Home Tuition
Home tuition companies operate much like any other educational establishment except that the student studies, and often stays, at the teacher's home so that they have a more intensive learning experience. Enrolment and attendance is recorded and there is normally a structured study programme. The requirement in paragraph 57(i) to have been accepted for a course of study, or a period of research, provided by an institution on the Register of Education and Training Providers will be stisfied where the employer of the tutor appears on the Register. However, there is a distinction between independent tutors and those providing tuition through home tuition companies. Where the tutor is not connected to a home tuition company on the Register of Education and Training Providers the tutor will need to be included on the Register.

Open University (OU)
The OU also offers full-time postgraduate research programmes which are comparable with those of other universities and which, therefore, fulfil the requirements of Paragraph 57 of the Immigration Rules. Students undertaking these courses would qualify as postgraduate students who expect to be awarded higher degrees by the university at which they are enrolled.

The following Open University postgraduate courses qualify under Paragraph 57 of the Rules:

• full-time research degree study by thesis (MPhil/PhD);
• full-time taught master's degree programme leading to the award of an MSc degree in research methods.

Qualifying OU study usually leads to the award of a PhD. Offer letters are issued by the Research School and should include a reference to an "Open University Research Studentship". The Open University or one of its faculties, schools or institutes will often fund the study. The OU funds about fifty such studentships every year. If ECOs are in doubt, they should contact the OU Research School for further information.

Tel: (+44) (0)1908 654882
Fax: (+44) (0)1908 653999
E-mail: Research-School@open.ac.uk

12.9 Ability and intention to follow a course
If the course requires it, the applicant must produce evidence that he/she attained the necessary level of academic achievement.

The applicant should also demonstrate, in general terms, an ability to follow a course delivered in English. Such a requirement is of lesser importance when English language training will precede the main course. Institutions of further and higher education often require students to achieve acceptable marks in specified English language tests (e.g. IELTS, TOEFL) in order to be accepted for the course. In such cases evidence that the applicant has achieved the required test mark will satisfy this requirement.

In cases where there is doubt concerning an applicant's ability to follow a course in the above circumstances, advice should be sought from the local British Council representative, if possible. The British Council should always be consulted if there is the likelihood that an applicant who has been through the British Council English assessment before applying, or who has received educational counselling from the British Council is to be refused entry clearance.

Special care should be taken when dealing with applications from persons who:

• propose to follow less-advanced courses or those with low educational standards, i.e. where students appear to be marking time rather than progressing;
• have enrolled for the exact minimum number of hours;
• apply for an entry clearance on the strength of a letter of enrolment for a course of training at a school of hairdressing, beauty culture, photography, dancing or some similar craft without demonstrating genuine interest or background in the subject or plans to use skills acquired in the future;
• plan to recommence studies with further courses which do not bear any relation to previous ones;
• are unable to explain satisfactorily poor attendance records for previous study.

In such cases, the applicant's motivation for choosing a particular course should be explored in greater detail in order to establish that he is not merely seeking entry to the UK with the intention of seeking work. See paragraph below for more details about how to assess student intentions.

12.9.1 Intention to follow a course
ECOs must be satisfied that a person seeking leave to enter as a student is genuinely intending to study here and intends to leave at the end of their studies or period of research. Where there is cause for doubt in this respect or where the student's intentions are not clear, the ECO is justified in questioning the student in order to clarify matters and assess their credibility.

Full account should be taken of all information obtained including the cost of the studies and the availability of suitable courses in the passenger's country of residence. The ECO should consider whether the enterprise on which he is about to embark is reasonable to a person of his family, social and economic background. To this end it will be appropriate to ask about his job opportunities in his home country and the material benefits to be gained from the course and weigh this against the cost of the course which may represent the expenditure of a large sum of money.

It is legitimate for an ECO to ask the question "why are you studying in the UK as there is a similar/cheaper course in your home country". if it forms part of a sub-set of questions aimed at making a judgement, on the balance of probabilities, and in light of the applicant's whole circumstances, as to the intention of that applicant. Indeed this question might throw some light on the intentions of a person who was not intending to study but who was using the student route to gain entry to the UK to work illegally. A bogus student may be prepared to pay a lot of money relative to his circumstances for a course that he did not intend to follow, because it would be more than offset by the economic reward of entry to the UK. However, this reason cannot be used in a refusal notice as the Immigration Rules do not state that students must apply for cheaper courses in the UK, or that they have to demonstrate they are getting better value for money from studying in the UK. Nor is it legitimate to assume a causal link between a more expensive course in the UK and lack of intention to leave the UK.

It is important that ECOs understand the world-wide prestige of a degree and/or qualification from the UK, and that English language courses (taught in England) are considered to be extremely prestigious. Therefore, overseas students may be attracted to the UK (even if similar/cheaper courses are available in their home country) for a number of reasons including:

• the UK is a world-wide competitive destination of choice, offering world-class education, a wide range of courses and qualifications; and internationally-accepted qualifications;
• that UK and overseas courses very rarely deliver exactly the same benefits (e.g. academic quality/status often varies from country to country);
• that studying in the UK is aspirational and does not always result in a mathematical return on the cash investment;
• students gain entry clearance for the full length of the course, can travel in and out of the UK as often as the visa is valid, and often get additional leave at the end of the course for graduation or travel purposes;
• students in the UK can work part-time up to 20 hours per week and full-time in vacations;
• students can apply to extend their visas for further study at Post or in the UK;
• students (degree level and above) can stay in the UK and work after completion of their studies.

12.10 - External student at a private education institution studying for a UK degree
From 19 April 2007 a new requirement was introduced into Paragraph 57 of the Rules whereby an external student who has been accepted to study externally for a degree at a private education institution is required to show that he is also registered as an external student with the UK degree awarding body. At the same time a definition of an external student was incorporated into Paragraph 6 of the Rules (the Interpretation Section). An external student is defined as:

"A student studying for a degree from a UK degree awarding body without any requirement to attend the UK degree awarding body's premises or a UK Listed Body's premises for lectures and tutorials."

By way of example, an external student who has been accepted to study externally for a University of London (UoL) degree at a private education institution must provide evidence that he is also registered as an external student with UoL. The production of this evidence is in addition to the requirement in Paragraph 57 (i) for an external student to produce evidence that he has been accepted for a course of study at a private education institution which meets the requirements in Paragraph 57. If an external student fails to produce evidence of his registration with the UK degree awarding body the application should be refused for failure to meet the requirement of the Rules.

This new requirement applies to those external students who are applying for entry clearance at diplomatic posts abroad and those who are already in the United Kingdom seeking leave to remain. It does not apply to those external students at a private education institution in the United Kingdom who are studying for a degree awarded by an overseas university. ECOs should also note that in the limited circumstances where an external student is studying for a UK degree at a private education institution which is also included on the list of Listed Bodies there is no requirement for the external student to provide confirmation from the UK degree awarding body that he is registered with them as an external student.

The list of Recognised Bodies is available from:

The Department for Innovation, Universities and Skills website.

The list of Listed Bodies is available from:

The Department for Innovation, Universities and Skills website at: The Department for Innovation, Universities and Skills website.

12.11 - Academic Technology Approval Scheme  [Updated 30 September 2008]
From 30 November 2007, possession of an Academic Technology Approval Scheme (ATAS) certificate is a mandatory entry clearance requirement for those intending to undertake postgraduate studies leading to a Doctorate or Masters degree by research or a taught Masters degree in certain designated subjects, which may be of WMD proliferation concern. The ATAS also applies to students who intend to undertake a period of study and/or research in the UK for more than 6 months, as part of their postgraduate overseas degree course, if the subject matter is akin to those covered by the scheme.

Students of all nationalities who need a visa to study in the UK will be required to obtain certificates under the scheme if intending to undertake studies/research as described above. There is no fee for applying for an ATAS certificate - it is a free, online form. A potential student will apply for an ATAS assessment using an online form accessible through the FCO website. Once submitted to the FCO the student will be assessed for potential proliferation concerns. An email will then be sent back to the applicant informing them whether their clearance has been granted or refused. If clearance is granted an ATAS certificate will be electronically issued. The student can then apply for a visa. An ATAS certificate has no time limit but is only valid for a specific University/Institution and programme of research or study.

The ATAS certificate should be submitted as part of the student's supporting documentation. On receipt of an application, ECO's should:

• establish whether an ATAS certificate is required by checking the JACS code on the student's offer letter against those listed in Appendix 6 of the Immigration Rules or the FCO website;
• verify the authenticity of the certificate using the online checker, a shortcut to which can be found on the CPD ATAS FCONet page.
• contact the ATAS-ECO Helpdesk (on the GAL) if doubts about whether an ATAS certificate is required remain.

If the student is not in possession of an ATAS clearance certificate and the ECO is satisfied that an ATAS is required, the entry clearance application should be refused. (Refusal wording templates at Annex 12.9). However, possession of an ATAS certificate does not in itself guarantee that a person's application for leave as a student will be successful as he will have to meet all the other requirements of the Immigration Rules for student leave.

See the FCO website for the disciplines and courses for which an Academic Technology Approval Scheme certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office is required and Annex 12.8 for an example copy of a blank ATAS certificate.  Please note that the requirement to obtain an ATAS certificate will sometimes depend on whether the course is a taught or by research degree.

12.12 - Intention to leave the United Kingdom after completing studies
Assessing an applicant's intention to leave the UK after completing a course of study or period of research can be the most difficult aspect of an application for the ECO. Intention to leave is, however, not a consideration in all circumstances, for example degree students (see 12.12.1 below). It is important to bear in mind that what counts is the intention at the time of the application. ECOs cannot gauge what an applicant's intentions might be by the time the course is finished. It would be appropriate however to enquire about the applicant's job prospects in his own country and to compare the material benefit to be gained with the cost of the course which might represent the expenditure of a large sum of money to a person of modest means.

12.12.1 Switching into work permit employment
The Immigration Rules allow for students who successfully complete degree level courses to switch to work permit employment in the UK after they complete their course.

Applications to switch to work permit employment will normally be accepted where students:

• have completed a recognised degree course at either a UK publicly funded further or higher education institution, or a bona fide private education institution which maintains satisfactory records of enrolment and attendance;
• hold a valid work permit for employment;
• if sponsored by their government or international scholarship agency, have the latter's written consent; and
• do not have an adverse immigration history.

If the ECO is satisfied that an applicant intends, and is able, to follow a chosen degree level course, it should be assumed that there is a reasonable prospect of success in their studies and consequent eligibility for employment. In such cases the intention to leave requirements in 12.12 above should be disregarded, and considerations should concentrate on the other aspects of the Rules, with particular emphasis on the applicant's ability and intention to follow the course of study. The same considerations should apply to those applicants who are applying for degree courses, which are conditional on successful completion of a foundation, or English language course. The applicant must already have a conditional offer for a place on the degree course.

12.13 - Employment during periods of study
The Rules state that only part-time or vacation work authorised by the Secretary of State is allowed. Students admitted to the UK on code 2 conditions are allowed to take up employment in the United Kingdom while studying without seeking either permission from their local Jobcentre Plus or obtaining a Work Permit, subject to the following conditions:

• they may not work more than 20 hours a week in term time except in the case of agreed work placements or internships (see Paragraph 12.14);
• they may not engage in business, self employment or the provision of services as a professional sports person or entertainer;
• they may not pursue a career by filling a permanent full time vacancy.

Students may work full-time during vacations and when their course has finished subject to their having extant leave to remain in the UK as a student.

Earnings from these sources may not be taken into account when assessing whether individual students can meet their expenses in the United Kingdom except where the requirements of Paragraph 12.14 are met.

It must be established that the prospect of obtaining employment is not the key reason for coming to the UK. In such cases, the applicant would fall for refusal.

Department for Education, Universities and Skills (DIUS) publishes a leaflet for international students and employers in the UK, which explains the rules on taking work in the UK. It is a guide and aims to answer frequently asked questions. Follow the link below to see this leaflet:

International Students Working in the UK: What You Need to Know

If the leaflet does not answer your questions, please contact Work Permits (UK) on +44 (0)114 259 4074 or visit their website at www.workpermits.gov.uk

12.14 - Sandwich Courses/Internships

12.14.1 Sandwich Courses
A sandwich course is a course that includes a clearly defined work placement, which is approved by the institution providing the course. Students, subject to conditions restricting employment, will be permitted to follow a sandwich course provided that:

• the course leads to a degree or to a qualification awarded by a nationally recognised examining body, and;
• the work placement does not extend beyond the end of the course.

The requirements for leave to enter for a sandwich course are not restricted to degree level courses and there are a number of vocational courses that meet the sandwich course criteria. There is no minimum or maximum amount of time specified for the study or work placement. For example, there are a number of courses that are acceptable under the Immigration Rules where the student will undertake classroom study for one month followed by a five month work placement.

Students on sandwich courses may work for longer than 20 hours per week during the work placement only.

Students enrolled on sandwich courses outside the UK are not entitled to do their work experience in the UK and should be advised to apply under the Training and Work Experience Scheme (TWES).

A sandwich course student may meet some of the costs of his course and accommodation and maintenance through earnings from employment. The institution must provide a letter confirming that a work placement will be available to the student and how much the student will earn.

When assessing applications for entry clearance ECOs should ensure that the course leads to the award of a recognised qualification, that the work placement has been approved by the institution and that the applicant is able and intends to follow the course. ECOs should also assess intention to leave unless the course leads to a degree level qualification.

Chevening Fellows should be considered as sandwich course students (see Paragraph 12.1 for more details).

12.14.2 Internships
An internship is a short period of paid work, which an employer may offer a potential employee. The internship may be offered to a student on a first or higher degree course in the UK, even if the potential permanent employment is outside the UK. A student subject to conditions restricting employment will be allowed to undertake an internship provided that:

• the student has not previously undertaken an internship with the same employer;
• the internship is for not longer than three months;
• it is an established part of the employer's recruitment procedure;
• it offers pay and conditions of employment comparable to those for a 'resident worker' doing the same work; and
• it is completed within the current period of leave as a student.

12.15 - Evidence of funds
All students must be able to demonstrate that they either have sufficient funds at their disposal or that they will be sponsored by an individual or organisation, and that the source of funds is a reliable one.

There is no requirement for a student to demonstrate that he has booked accommodation in advance. However he will need to demonstrate that the accommodation requirement of the Immigration Rules are met and provide evidence of his ability to meet the cost of adequate accommodation, including for dependants if appropriate.

The Rules state that applicants must be able to support themselves and any dependants without working. This means that while there is provision for students to take employment during vacations or spare time (see Paragraph 12.12 on employment during period of study), no account may be taken of any prospective earnings from that employment in assessing the ability of a student to meet the maintenance requirement except where the educational establishment with which the student has a place:

• is a publicly funded institution of further or higher education which is itself providing and guaranteeing the employment, and has provided details of how much the applicant will earn;
• (in the case of sandwich course students) is able to guarantee that there are jobs available and how much, if anything, the applicant will earn.

Similarly, the potential earnings of the spouse or partner of a student may not be taken into account unless he is already legally employed in the UK e.g. as a work permit holder.

The British Council estimates student living costs for 2006/7 as:
London:
Academic year: £7,500
Per calendar month: £800

Outside London
Academic year: £5,500
Per calendar month: £600

These figures are not exact and should be used as a guide only; each application must be considered on its own merits. Offer letters from educational establishments often contain an estimated cost for living expenses.

The Rules also state that students must not have recourse to public funds (defined in Paragraph 6 of the Rules). But students may receive the following without prejudice to their entry clearance applications:

• educational grants (e.g. LEA grants issued to people who have spent over 3 years in the UK in a capacity other than student);
• waiving of fees by institutions, funding councils or other government agencies;
• any scholarships or awards held by the student;
• NHS treatment (other than statutory charges for prescriptions etc) for students accepted as ordinarily resident in England and Wales (for example as having a settled and identifiable purpose for their stay in the UK which is likely to last a reasonable length of time, but generally not less than six months) (NB: Scotland offers free NHS treatment to all students regardless of the length of their course);
• free student accommodation at some colleges;
• guaranteed loans from UK banks for postgraduate students.

Students are not required to pay their course fees before entry clearance may be granted: they only need to demonstrate the ability to pay. Some institutions make provision for students to stagger payment of fees throughout the academic year; others may defer payment.

No further enquiries into payment of fees needs to be made if the student produces a letter from an institution of further or higher education stating that the financial requirements have been met. But, in the absence of such a letter, the applicant will have to demonstrate how the cost of the fees will be covered.

Where a child is attending an independent fee-paying school the evidence of funds should either be in the form of documentary evidence that the parents' are able to pay the fees or a letter from the school bursar confirming the fees have been paid. If it is not clear from the evidence provided that the parents are able to meet the costs for the full period for which entry clearance is sought then additional evidence should be sought. Where this requirement of the Rules is not met the application falls to be refused.

12.15.1 Unaccompanied minors [Updated 7 July 2008]
Special care should be exercised by ECOs when considering applications made on behalf of unaccompanied minors for entry clearance as a student. Unaccompanied minors mean children under the age of 18. For unaccompanied minors under 16 years seeking entry as a student the ECO should ensure that the applicant has been accepted at an independent fee-paying school on a full-time course of study which meets requirements of the Education Act. If the school does not have boarding facilities, the ECO should ask for satisfactory evidence of accommodation and care arrangements in the UK, together with details of who will be responsible for the child if one (or both) parent(s) is (are) not accompanying the child to the UK.

To ensure that the interests of all unaccompanied minors under 18 are safeguarded, ECOs should satisfy themselves that:

• An unaccompanied minor has adequate arrangements for their care in the UK, by which we mean the applicant must be able to demonstrate to the ECO that suitable care arrangements have been made for the child in the UK and they have an address and named individual who is their host in the UK; and that the parent or guardian in their home country is identified.
• The applicant will be able to provide contact details, by way of the name and address of the UK host, and, in the home country, by way of the name and address of the parent or guardian.

These measures will ensure that unaccompanied minors who enter the UK with student visas do so in a recorded way creating an official and accessible record, which documents their circumstances throughout their stay in the United Kingdom.

12.16 - Sponsored students
Some students receive official sponsorship for a period of study in the UK. This sponsorship could be provided by a foreign government, a reputable national or international organisation or through various HMG schemes. These students will normally have their stay restricted to the duration of the sponsorship. The Home Office would require evidence of continuing sponsorship before an extension of stay could be considered.

Evidence of a scholarship award that adequately covers fees and maintenance for the duration of the study period or, when the scholarship award only covers these in part, evidence of adequate provision from other sources to meet the balance must be produced.

Annex 12.4 contains a list of the main schemes for student sponsorship. Candidates for HMG scholarship schemes should normally be gratis issues. ECOs should note that students on the Scottish International Scholarship Programme are required to pay the visa fee and the British Council will refund the fee to the applicant. More details of this programme can be found at the end of Annex 12.4

It is important that the ECOs use the endorsement:
D: STUDENT (S) Code2
as it indicates that the student should not be granted further leave to enter or remain beyond the period of his/her sponsorship without the support of the sponsor.

12.17 - Student exchanges
There is no provision under the Immigration Rules for an overseas student to go to the UK to attend a state maintained school (i.e. non fee paying - see Annex 12.3 for exceptions). However, some organisations arrange exchange schemes whereby young people (normally between 16 and 18 years of age) can spend up to a year in the educational system of another country.

Provided appropriate arrangements have been made, leave might be granted outside the Rules on Code 3 for the duration of the exchange, endorsed D: EXCHANGE STUDENT, subject to a maximum of 12 months. Reference to the Register of Education and Training Providers is not required in these cases as the leave is not granted under the student Immigration Rules.

The following criteria must be met before entry clearance can be issued:

• the organisation arranging the exchange must provide evidence that the Local Education Authority or the governing body of the Institution (where it is a Foundation or Voluntary Aided school) has approved the exchange scheme and have assigned a school for the young person concerned;
• suitable arrangements for accommodation must be made and the applicant has sufficient funds for their support (this may be assumed if the organisation confirms that it has found a host family for him; normally the young person will live as a member of a family at no cost; in some cases, the family will include a child who is also involved on the exchange scheme although it is not necessary for the participants to be making a "head to head" swap);
• the applicant intends to leave the UK at the end of the exchange; and
• student exchanges should not involve fees.

There is no need for the scheme to be an exchange in the sense of a reciprocal arrangement or that a commercial partner cannot be involved. "Exchange" is a generic term for programmes offering international experiences to school age students, but there is no policy reason to require a "head for head" swap of students.

Students taking part in privately arranged exchange schemes may be admitted on the same basis, provided that the LEA has given its approval and that the above criteria are met.

If the UK school is independent fee paying (i.e. not maintained) and fees are waived by both schools as part of the exchange arrangement, the children participating are to be considered under the usual student rules.

Annex 12.5 lists organisations commonly involved with student exchanges.

12.18 - Periods of leave to grant
Annex 12.2 provides ECOs with a table detailing the period of leave to grant and some additional information on certain types of courses and recognised UK degrees.

See also:
Chapter 12 Part 2: Other categories, study

Chapter 12 Part 3:Certain types of study