Chapter 12 Annex 2 - Table indicating the length of leave that should be granted for each type of course

(see also notes below)

Chapter 2 of Entry Clearance Guidance Volume 2 contains additional guidance

Student studying at further or higher education institution

Student at further education institution* studying course of 12 months (academic year) or more (e.g. recognised UK degree at Doctorate, Masters, or bachelor's level or equivalent qualification, foundation degree**, HNC, HND, BTEC, NVQ, diploma, I/T course etc) * publicly funded or private institution ** see notes below	Grant to end of course + to 31 October (standard academic year) or + 4 months (to end of the month) (non-standard academic year) NB. Some postgraduate courses have minimum and maximum end dates. Grant leave to minimum date in accordance with above.
Student studying non-recognised UK degree	Grant 12 months plus 2 (to end of the month) from the start of the course or academic year

For periods of leave to grant to special categories of students e.g. agricultural students, architectural students or exchange students, see relevant guidance in Chapter 12.29 and Annex 12.6 .

Student studying for a professional qualification

Professional courses (e.g. banking or accountancy): part or module is 12 months or less	Grant 12 months + 2 (to end of the month)
Professional courses, as above: part or module is more than 12 months (e.g. final part of ACCA)	Grant to end of course up to a maximum of 18 months + 2 months (to end of the month)

Student studying English or other course of 12 months or less duration

Studying English or other course (not included above) of 12 months or less but more than 6 months' duration	Grant to end of course + 2 months (to end of the month)
Studying course of 6 months or less	Grant to end of course + up to a maximum of 7 days
Pre-sessional course of 6 months or less	Grant to end of course + up to a maximum of 1 month

Student Nurse

Student nurse at a recognised nursing educational establishment

Grant to end of course + 31 October (standard academic year) or + 4 months (non-standard academic year)

Child at independent fee-paying school

Child of primary school age at independent fee-paying school	Grant for duration of studies to end of academic year in which child is 11, then to 31 October
Child aged 11-16 studying pre/for GCSEs at independent fee paying school	Grant for duration of studies to end of academic year in which child is 16, then to 31 October
Child aged 16 or over studying for A-levels at independent fee paying school	Grant for duration of studies to end of academic year in which child is 18, then to 31 October

Writing up a thesis

Student writing up a thesis

Grant one period of 12 months (not to end of month); second period may be granted where institution presents strong reason why thesis was not completed within initial period e.g. student suffered a prolonged illness or written thesis did not reach the required standard.

Re-sit examination

Student undertaking a re-sit of an examination (only one allowed per subject)

Grant to date of re-sit + 2 months (to end of the month)

Students' union sabbatical officer

Student undertaking a students' union sabbatical officer post	Grant for duration of sabbatical post on code 4 up to a maximum of 12 months. Second period of 12 months on code 4 can be granted.
	Maximum overall leave is 2 years

Except where indicated in Chapter 12, student entry clearances should be endorsed
D: STUDENT, Code 2

Notes
The following provides some additional information which ECOs may find useful:

(a) Undergraduate degree courses
In addition to the information in the table above, where a student has an unconditional offer(s), provided that there is evidence that the unconditional offer(s) has been accepted by the applicant, leave to enter should be granted until 31 October following the end of the course or 4 months after the end of the course on Code 2 conditions.

For students with conditional offers please see Chapter 12.7 .

(b) Postgraduate courses
As postgraduate courses do not always finish at the end of the normal academic year, postgraduate students should also be granted a similar extension, 4 months beyond the end of the course irrespective of when it finishes, as advised by the institution on a Code 2. The extra period is often necessary for the processes which follow the submission of the thesis or dissertation, including any correction or rewriting that may have to be done.

ECOs should note that leave to enter may be granted under paragraph 69G of the Rules for the specific purpose of writing up a thesis - see ECG 12.23 .

(c) Periods of study or research at UK institutions of higher education
Students studying for degrees overseas undertaking periods of study and/ or research of more than 6 months at a publicly funded institution of higher education (as described in Chapter 12.8) should be granted leave to enter 2 months beyond the end of their period of study and/ or research.

(d) Short foundation courses
Students who are doing a short foundation course as a specific precursor to a degree or similar course should normally be granted leave to enter to cover the duration of both courses, plus 4 months or until 31 October after the end of the degree course on a Code 2, provided they are fully enrolled on the second course.

This provision does not apply to students taking general courses, for example, A- Level or HNC/D, which may qualify them to go onto a degree.

If the applicant has not enrolled on the second course, or if the final acceptance is dependant on successfully passing the first course, leave to enter should normally be granted only for the duration of the foundation course, plus 4 months or until 31 October if it is clear that the applicant is intending to continue studies in the publicly funded sector.

(e) Access courses
Some universities and colleges of further and higher education offer ‘access to degree’ courses. These courses are usually of 12 months duration and on successful completion of the course, the student may go on to study a relevant degree course.

(g) Pre-sessional courses
Students enrolled on short pre-sessional (typically English Language Training) courses in order to satisfy a conditional offer for a subsequent degree course should be issued leave to enter for the duration of the course plus one month. All other students should be issued in line with the guidance in the above tables.

(h) Students on short courses of 6 months duration or less
Students enrolled on short courses of six months duration or less and who indicate the intention to take part time employment or to extend their visas, subject to meeting the requirements of paragraph 57 of HC395, may be granted leave to enter for the duration of their course plus up to a maximum of seven days on Code 2 conditions. Those who do not wish to work part-time or extend their visas should be considered as Student Visitors under Paragraph 56K (see ECG 10.16 ).

(i) Professional courses
In order to help determine whether an applicant has the ability to follow a professional course, ECOs should refer to the Immigration Directorate Instructions (IDIs) Chapter 3 Section 3 paragraph 7.3, which provides a guide on the 5 most popular courses. In order to successfully complete a professional course the student will require a good standard of written and spoken English and must be educated to a reasonably high standard (particularly for CIMA, ACCA and CIB courses).

Students enrolled on professional courses such as banking or accountancy should normally be granted entry as a student in accordance with the table above. Most college letters will indicate the duration of enrolment, the month when the exams are due to be held and when the results are expected. Applicants should be asked to produce evidence of all exams taken when next applying for entry.

(j) Architectural students
Generally speaking, students studying on an architecture course will undertake 5 years full-time study involving a 3 year BA (Hons) Architecture Degree and a 2 year Bachelor of Architecture degree (BArch), plus a 24 month period of practical training experience in order to meet the requirements of professional bodies. At the end of this period, the student will then take an exam in Professional Practice, which if successful in this exam, will enable them to register with the Architects registration Board.

The Royal Institute of British Architects (RIBA) recognises these qualifications and students are eligible for membership.

RIBA Part 1 and 2 with intervening work placements can be taken under the student rules. Similarly for RIBA Part 3, where the student is enrolled with an educational establishment to take exams and all other student requirements are met.

Conventionally, the student does a 12 month period of practical training after the second degree.
The structure of the course and period of leave to grant is therefore as follows:

• 3 year undergraduate course (4 years if the student is required to do a foundation year if they lacked a portfolio)
  Leave should be granted for 3 years on code 2 (4 years on code 2 if doing a foundation year)
• 12 month period of practical training and 2 year postgraduate course
  Leave should be granted for a further 3 years on a code 2
• The post qualification experience in industry required to obtain RIBA Part 3 involves 24 month period of practical training in a professional practice followed by final examination.

Apply under TWES to undertake the professional practice and final exam.
A list of courses validated by the RIBA is available at: www.presidentsmedals.com

(k) Student studying for a degree from an overseas university
There are a number of private education institutions in the UK that offer courses which lead to a degree from an overseas university. Leave to enter should be granted in accordance with the table above. If the course has less than twelve months to run, leave to enter should be granted to the end of the course plus two months.

(l) Recognised UK degrees
On 1st October 2004, a definition of ‘degree level study’ was incorporated into paragraph 6 of the Immigration Rules. Degree level study is defined as:

“a course which leads to a recognised United Kingdom degree at Bachelor’s level or above, or an equivalent qualification at level 6 or above of the revised National Qualifications Framework, or levels 9 or above of the Scottish Credit and Qualifications Framework.”

For the purposes of the definition “a recognised United Kingdom degree” is a degree that has been awarded by an institution in England, Scotland, Wales or Northern Ireland which has been granted degree awarding powers by either a Royal Charter or an Act of Parliament. These are known as recognised bodies. All UK universities and some higher education colleges are recognised bodies.

Other institutions that do not have the power to award their own degrees may provide courses which lead to a degree of a recognised body. These are known as listed bodies.

ECOs are able to check that the institution, which issued the degree qualification, is either a recognised or listed body. This can be done by checking the following websites:

• The list of recognised bodies is available at: http://www.dfes.gov.uk/recognisedukdegrees/index
  
• The list of listed bodies is available at: http://www.dfes.gov.uk/recognisedukdegrees/index

(m) Issuing visas in advance
Diplomatic posts abroad should provide information on their websites to indicate what local arrangements are in place for students to apply for entry clearance in advance of their course start dates.

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