Chapter 12 Annex 6 - Advice on dealing with certain categories of students

This annex covers the following categories:

(a) Agricultural Students - practical training
Some agricultural colleges require their students to undertake training on a farm for up to 12 months before beginning their courses. If this period of practical work is part of the college curriculum and the student is considered to be supernumerary to the normal labour force on the farm, a work permit is not required whether or not the student receives any payment during this period. Such a student should be granted leave to remain on code 4 for the period requested, up to 12 months.

(b) The American Institute of Foreign Study
The American Institute for Foreign Study (AIFS) was founded in 1964 to promote international understanding through travel and study abroad. Courses range from study programmes lasting one term to full time degree courses for up to 4 years. Some students attending AIFS courses in the United Kingdom may be lodged with families in the United Kingdom in return for providing no more than 15 hours a week in babysitting, childcare and light household duties. In return the students will receive free accommodation and meals but no pocket money.

(c) Articled Clerks
In order to qualify as solicitors, Articled Clerks must undertake a period of 2 years Articles for which a permit under the Training and Work Experience Scheme (TWES) must be obtained.

(d) British Universities North America Club (BUNAC)
These are not students: see Chapter 18.23(i)

(e) Children with learning difficulties or other disabilities
Applications for entry clearance on behalf of children who have learning difficulties or other disabilities who wish to enter the UK for special schooling, which also requires some medical treatment, should be treated with special care.

Evidence should be produced that the costs of both schooling and any special medical treatment related to the disability will be covered. In the same way that visitors coming for medical treatment must provide evidence that their medical fees will be paid, confirmation that prior arrangements have been made to pay the costs of special medical treatment related to the disability of a student must be produced. If there are reservations about the application, independent medical advice as to whether the applicant will be likely to benefit from the schooling should be sought.

Parents or guardians must be clearly given to understand that they are responsible for the full cost of treatment and schooling (in the case of schooling, up to the age of sixteen) and must undertake that the child will leave the United Kingdom when the permission to stay expires.

(f) Crown Prosecution Service: Sponsored Pupillage Scheme
Any barrister who wishes to exercise his rights of audience before a court must have completed twelve months "pupillage" under an appropriately qualified barrister. Work Permits (UK) have agreed that a barrister who can demonstrate that they have been accepted on a pupillage scheme with a recognised Chambers, whether paid or unpaid, may be treated as a student under the provisions of the Immigration Rules. The length of the puillage scheme should be no more than 12 months.

(g) Law students
A foreign student may often have a genuine reason for wishing to study law in the United Kingdom. The relevance of the type of law to be studied in the United Kingdom to the student’s future career intentions should be considered. Care should be taken with any application from a stateless person or a national of a country in which the legal system is substantially different from that of the UK.

Prospective law students should normally intend to teach British law or to act as consultants on British law in their country of residence, or to be students of comparative law. If an applicant claims that a knowledge of English or Scottish law is essential to the pursuit of a legal career, appropriate documentary evidence of this should be produced.

In the case of those seeking to qualify as barristers, evidence that adequate financial support is available for the full period of the proposed stay together with proof that the applicant has already passed any necessary examinations must be produced. Students who have been accepted by one of the Inns of Court and who wish to study for their Bar exams do not have to meet the 15 hours per week minimum study requirement. Barristers undertaking a period of pupillage are considered students for the purposes of Chapter 12.

(h) Music students
Music students often find it difficult to meet the formal requirements of the ‘hours of study’ rule because their syllabus usually requires that they devote a great deal of time to private practice and that they attend organised studies for only a few hours a week.

Where it is established that the course will occupy at least a substantial part of the student’s time and that the applicant will be studying at a reputable college of music or under a qualified private tutor, a visa may exceptionally be granted provided the other requirements of the Rules are met.

(i) Nautical students
A person wishing to go to the UK to attend a nautical course or to join a merchant navy training course as either a deck or engineering cadet may be considered as a student. The ECO should usually see evidence of adequate sponsorship by a shipping company or overseas government acceptance for a bona fide course of study and adequate means of support. In all cases, ECOs must be satisfied that the student's intentions to study are genuine, that he/she intends to leave the UK on completion of the course, and that he/she has adequate means of support for himself and his dependents.

From November 2006, nautical students should be granted leave to enter on Code 2 if they fully meet the requirements of the Student Rules. For period of leave to grant see Annex 12.2

(j) Pestalozzi Children’s Village Trust
This is a charitable organisation originally founded to provide care and education for war orphans. Since 1952 the Trust has arranged education for children from developing countries who stay at the Pestalozzi Children's Village in Sedlescombe, Sussex. The children are educated at local authority maintained schools and colleges of further education, and occasionally go on to university. On completion of their education they return to their own countries. All new students funded by the Trust will be over the age of sixteen. As with existing students, they should meet the requirements of the Immigration Rules for students. They must produce:

• evidence of enrolment for a full time course of study;
• a letter from the Trust confirming support for the application and proposed length of sponsorship, together with an indication of arrangements for the child's rehabilitation and return home at the end of his or her studies; and
• (for students up to the age of 18 years) evidence that the child's parent or guardian supports the continued studies and expects the child to return home at the end of his or her studies.

Housemothers for the Trust require prior entry clearance. Evidence that a prospective housemother is suitable for this kind of employment (i.e. the applicant has experience in looking after children) must be produced bearing in mind that the Trust normally seeks ex-teachers or those with similar experience.

The entry clearance should be endorsed "D: FOR EMPLOYMENT WITH PESTALOZZI CHILDREN’S VILLAGE".

(k) Riding schools
Some riding schools in the UK offer full time tuition and charge fees for this in addition to costs for board and accommodation, if provided. The courses usually involve a certain amount of practical work in connection with the care and grooming of the horses, but this is regarded as incidental to the course.

Other establishments however, waive all or part of the fees and may even pay their pupils for undertaking work around the stables.

It is up to individual institutions as to what fees they charge students. As students now have permission to work up to 20 hours per week during term time, riding school pupils not working in excess of 20 hours per week may be admitted on Code 2 student conditions assuming all other requirements of the Student Rules are met. If a pupil is required, as part of the course, to work more than 20 hours per week, the Riding School would need to demonstrate that the course is leading to a qualification awarded by a nationally recognised examining body (as outlined in the sandwich course definition).

A TWES permit is not suitable for riding school pupils.

(l) St. George’s University School of Medicine
This is a medical school in Grenada where students are accepted into an organised teaching programme at affiliated teaching hospitals in the UK to undergo their clinical training for up to 80 weeks. The students in the majority of the affiliated hospitals work alongside and follow the same teaching programme as students who are on attachment from UK medical schools. Although the students are technically enrolled at a school abroad the UK teaching hospitals are affiliated with St.George's and their staff appointed to the faculty of the University. The students from St.George's coming to the UK to undergo their clinical rotations at these UK teaching hospitals may therefore be treated as students.

Reference to the DfES Register is not required in these cases as leave is being granted on a concessionary basis. All other requirements of the Rules should not be met.

(m) Welbeck College (Army Recruitment)
Welbeck college is an MOD funded 6th form college providing two-year A level courses in predominantly technical subjects, gearing students towards degree courses that will equip them to become officers in the technical corps of the Army. Students study in excess of 15 hours a week.

Prior to attending Welbeck College potential students have to pass a selection board which entitles the candidate to attend the year long Commissioning Course at RMA Sandhurst. After completing A levels at Welbeck students are enlisted as officer cadets and undertake degree training at RMCS Shrivenham and thereafter, the Commissioning Course at RMA Sandhurst. An alternative route undertaken by some students from Welbeck is to attend the Commissioning Course at RMAS and read for a degree once commissioned as Army officers. Once a student is enlisted they become exempt from immigration control as a member of the home forces.

The Immigration Rules require that a student must intend to leave the United Kingdom at the end of his studies. However in order to accommodate Commonwealth students who wish to study at Welbeck it has been agreed that a flexible approach will be adopted concerning this requirement, although any student who is not successful in gaining the necessary qualifications at Welbeck and is not enlisted is expected to leave the United Kingdom at the end of his studies.

The Army Training and Recruiting Agency have agreed to notify us, via IEB Evidence and Enquiries, of any student that they are not satisfied has left, or intends to leave, the UK.

(n) Erasmus Mundus Students
Erasmus Mundus is a European Commission programme, which aims to promote the European Union as a centre of excellence in learning around the world. The programme seeks to facilitate co-operation and mobility in postgraduate higher education at Masters level (until December 2008 and after that date at doctoral level). Courses are offered by consortia of at least three European Higher Education Institutions (HEIs), which are attended by European and other overseas graduate students and scholars. Students are obliged to attend at least two of these HEIs as part of the Erasmus Mundus Masters degree course. Students who have been accepted on Erasmus Mundus Masters courses may also receive scholarships. ECOs should note that another European mobility programme exists for undergraduate students, known as Erasmus. However, non-EEA nationals are NOT permitted to participate in this programme.

Depending upon their circumstances Erasmus Mundus students normally fall into one of the following categories:

• An Erasmus Mundus student accepted on a course of study at postgraduate level at a UK publicly funded institution of higher education.
  During the course they will be required to spend an academic year at another university within Europe before returning to the UK to complete their postgraduate degree course. Such students should be considered under paragraphs 57(i)(a) and 57(ii)(a) of the rules and given leave to enter for the duration of the course as directed in Annex 12.2
• An Erasmus Mundus student enrolled on a postgraduate degree course at an institution overseas required to undertake a period of study for more than six months at a UK publicly funded institution of higher education
  . Such students should be considered under Paragraphs 57(i)(a) and 57(ii)(b) of the Rules.
• An Erasmus Mundus student enrolled on a postgraduate degree course at an institution overseas required to undertake a period of study for six months or less at a UK publicly funded institution of higher education. Such students should be considered under Paragraphs 56K-56M of the Student Visitors rules.

A list of Erasmus Mundus Masters courses can be found on the European Commission website:

European Commission -  Programmes & Actions - Erasmus Mundus

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