Chapter 12 Part 2 - Entry for studies: Other categories of persons allowed to enter for study or study related purposes

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 [Updated]
12.24	Re-sitting an examination [Updated]
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

1 September Student Rules Changes: Flowcharts
1 September Student Rules Changes: Q & A

12.19 - Student nurses and how they qualify (Rules Paragraphs 63 - 69)
To qualify for admission as a student nurse or midwife, the applicant must:

• have been accepted for a course of study in a recognised nursing educational establishment offering nursing training which meets the requirements of the Nursing and Midwifery Council (NMC);
• be accepted for a course of study at such an establishment and not have gained acceptance by misrepresentation;
• be able, and intend, to follow the course;
• not intend to engage in business or take employment except in connection with the training course;
• have sufficient funds for accommodation and maintenance for himself and any dependants without recourse to public funds during the course of study. (A bursary may be taken into account in assessing maintenance. It is not considered as public funds.)

ECOs should note that overseas nurses and midwives who have been accepted on adaptation courses leading to registration as a nurse with the Nursing and Midwifery Council are, from 1 September 2005, to be dealt with as a separate category under Immigration Rules (Rules Paragraphs 69M - 69R) see Paragraph 12.19.1

Nurse training and qualifications
The training undertaken in NHS hospitals and nursing educational establishments lasts 3 years. Courses lead to the qualifications of Registered General Nurse (RGN), Registered Mental Health Nurse (RMN), Registered Nurse for Learning difficulties (RNLD, formerly RMHN) or Registered Sick Children's Nurse (RCSN). Midwifery training is either 3 years for direct entrants or 18 months for Registered General Nurses. Both lead to qualification as a Registered Midwife (RM).

There are two types of courses available to qualify as a nurse: Diploma of Higher Education in Nursing, or Degree in Nursing. Study is for a minimum of 3 years, half of which is theory and the remainder supervised nursing practice. The student will be based at a college or university where the theory and knowledge elements of the course are taught. These periods will be matched in time in hospitals and other environments where the student will start to develop practical skills and experience under supervision from a qualified nurse.

The course consists of a Common Foundation programme (CFP) and a Specialist Branch Programme - adult nursing, children's nursing, midwifery, mental health or learning disability. The duration of the CFP component is 1 year. The duration of the Branch Programme component of a course is 2 years.

Employment prior to and during training
Persons admitted to the UK as student nurses and midwives are permitted to take employment for a maximum of 8 weeks prior to the commencement of their courses, at the hospitals where they are to be trained. Once their course has commenced, student nurses may take employment in excess of 20 hours per week normally permitted during term time, if such employment is a necessary part of the course and has the agreement of the education institution concerned. In these circumstances, no further approval is required.

Switching into work permit employment
Student nurses (including those on supervised practice) are technically eligible to switch to work permit employment once they have qualified. Intention to leave the UK should not, therefore, be a consideration in their entry clearance applications. All student nurses who gain NMC registration on completion of their degree may switch from student nurse to work permit status whether they are to be employed by the NHS or by a private healthcare provider.

Prospective student nurses
The Rules relating to "prospective students" are fully applicable to prospective student nurses arriving in the United Kingdom or to persons seeking to make arrangements to undertake a supervised practice placement or midwife adaptation course.(See Paragraph 12.25, Prospective Students and how they qualify).

Preparatory Courses
Nurses who apply to the NMC should be trained nurses in their own country therefore all applications to attend preparatory courses in the UK should be refused since the ECO needs to be satisfied that the applicant is accepted on a recognised course and these preparatory courses are not recognised ONP courses.

Post-registration courses
Post-registered nurses who wish to pursue a full-time postgraduate nursing course will not qualify for leave to enter under the student Rules. Qualified nurses wishing to pursue post-registration training must qualify under Work Permits (UK)'s Training and Work Experience Scheme (TWES). Overseas nurses registered in the United Kingdom cannot undertake post-registration training in order to augment their skills with a view to furthering their careers in the UK; any training under TWES should be in preparation for a career abroad.

Funds
Previously students on diploma level nursing courses have been eligible for a non-means tested bursary through the NHS irrespective of place of place of residence. However, these students have now been brought into line with all other students in higher education. In order to be eligible for a NHS bursary, all students (regardless of nationality) must, on the first day of the first academic year of the course:

• have been ordinarily resident in the British Islands i.e. the UK, the Channel Islands and the Isle of Man throughout the preceding 3 years; and
• have settled in the UK i.e. England, Wales, Scotland and Northern Ireland within the meaning of the Immigration Act 1971; and
• be ordinarily resident in the UK.

Careful checks should be made therefore to ensure that all student nurses have sufficient means to support and accommodate themselves and any dependants, where no bursary is held.

For period of leave to grant see Annex 12.2.

12.19.1 Overseas Nurses Programme (Rules Paragraphs 69M - 69R)
The Overseas Nurses Programme (ONP) requires all overseas qualified nurses seeking to register with the NMC to undertake a 20-day period of protected learning time to orientate them to UK health care practice, and in most cases to undertake a period of supervised practice (formerly adaptation) in a practice setting that has been audited and quality assured by an education provider approved by the NMC. Both the 20 protected learning time and the period of supervised practice fall under the auspices of ONP.

Where an overseas qualified nurse is required to undertake the 20-day period of protected learning and has an offer of employment, they may qualify for the issue of a work permit (and leave to enter or remain on that basis). These applicants are not required to undertake a period of supervised practice and should therefore not be granted leave to enter or remain as an overseas qualified nurse or midwife. In these circumstances, the employer should apply for a work permit on behalf of the applicant to Work Permits (UK). However, those required to undertake a period of supervised practice under the ONP will not qualify for a work permit.

Supervised practice (formerly adaptation)
The period of supervised practice as specified by NMC is normally 3 months in length. However the approved education institution offering the programme may extend this period by another 3 months if the applicant has not met the competencies to become registered as a nurse in the UK. Some applicants may be given assessment letters to undertake ONP supervised practice of 6 months, although these are few and far between. In these cases the same rule on extending the supervised practive would apply. During this time training is given to the nurse/midwife and ability is assessed. The course may involve an element of nursing auxiliary work and the student may be classed as such for salary purposes. Not all nurses on adaptation courses receive a salary in which case verification will have to be obtained that the support and accommodation requirements have been met. The applicant must provide evidence that he has been offered a supervised practice or midwife adaptation placement through an education provider that is recognised by the NMC. A list of approved ONP providers is available on NMC website (link below):

Nursing & Midwifery Council (NMC)- Overseas Nurses Registration

The applicant must have a letter confirming their acceptance on a programme from one of the approved providers listed on NMC website. If the supervised practice placement is due to be carried out through an education provider who is not on the list of approved ONP providers, the application will fall for refusal.

The requirements to be met by a person seeking leave to enter as an overseas qualified nurse or midwife are that the applicant:

• has obtained confirmation from the Nursing and Midwifery Council that he is eligible:
  • for admission to the Overseas Nurses Programme; or
  • to undertake a period of supervised practice; or
  • to undertake an adaptation programme leading to registration as a midwife; and
• has been offered:
  • a supervised practice placement through an education provider that is recognised by the Nursing and Midwifery Council; or
  • a supervised practice placement in a setting approved by the Nursing and Midwifery Council; or
  • a midwifery adaptation programme placement in a setting approved by the Nursing and Midwifery Council; and
• did not obtain acceptance of the offer referred to on Paragraph 69 (ii) by misrepresentation; and
• is able and intends to undertake the supervised practice placement or midwife adaptation programme; and
• does not intend to engage in business or take employment, except:
  • in connection with the supervised practice placement or midwife adaptation programme; or
  • part-time work of a similar nature to the work undertaken on the supervised practice placement or midwife adaptation programme; and
• is able to maintain and accommodate himself and any dependants without recourse to public funds.

Leave to enter the United Kingdom as an overseas qualified nurse or midwife may be granted for up to 18 months on CODE 2.

Switching to employment
Applicants with leave to remain as a supervised practice nurse or midwife are permitted to switch into work permit employment as a practising nurse or midwife (provided the requirements of the Rules are satisfied).

12.20 - Postgraduate doctors and dentists (Rules Paragraphs 70-75)

Entry clearance is mandatory in this category

To qualify for entry clearance in the Postgraduate Doctor and Dentist category, the applicant must:

• have successfully completed and obtained a recognised UK degree in medicine or dentistry from either:
  • a UK publicly funded institution of further or higher education; or
  • a UK bona fide private education institution which maintains satisfactory records of enrolment and attendance; and
• have previously been granted at least two years of leave as a student to complete their medical or dental degree. This must consist of:
  • leave for the final academic year of their studies as: a student nurse; to re-sit examinations; or to write up a thesis; and
  • leave as a student (but not as a student nurse, not to re-sit examinations and not to write up a thesis) for at least one other year of their studies. This other year must not include their final academic year; and
• hold a letter from the Postgraduate Dean confirming they have been offered a full-time place on a recognised Foundation Programme; and
• intend to train full time in their post on a Foundation Programme; and
• be able to maintain and accommodate themselves and any dependants without recourse to public funds; and
• intend to leave the United Kingdom unless, after their Foundation Programme is complete, they intend to switch into one of the following categories:
  • a doctor or dentist undertaking a period of clinical attachment or a dental observer post; or
  • a work permit holder; or
  • a highly skilled migrant; or
  • a person intending to establish themselves in business; or
  • an innovator
  and
• if their study at medical school or dental school, or any subsequent studies they have undertaken, were sponsored by a government or international scholarship agency, they have the written consent of their sponsor to enter or remain in the United Kingdom as a postgraduate doctor or dentist; and
• if they have not previously been granted leave in this category, have completed their medical or dental degree in the 12 months preceding their application for entry clearance as a postgraduate doctor or dentist; and
• if they have previously been granted leave as a postgraduate doctor or dentist, are not seeking leave to enter to a date beyond 3 years from that date on which he was first granted leave to enter or remain in this category.

The Postgraduate Doctors and Dentist category is not suitable for those who want to come to the UK to study at medical or dental schools. Such applications are considered under the student Rules.

The fact that doctors and dentists who wish to take Foundation Programmes in the UK are normally paid salaries does not bar them from qualification for entry under this section of the Rules.

Qualifications
The applicant should submit a genuine degree certificate confirming that they have been awarded the relevant qualifications, and also the contact details of their personal tutor so that their academic record can be verified if required. The qualification must have been awarded by a UK educational institution. Degrees awarded by overseas institutions, even those with a campus in the UK, do not meet the requirements of this category of the Rules.

A ‘recognised UK degree in medicine or dentistry’ is one that has been awarded by an institution that is recognised by the UK authorities. These institutions fall into two categories: Recognised Bodies and Listed Bodies. ECOs should check the DIUS website to confirm that the institution that awarded the qualification is either a recognised body or a listed body.

ECOs should 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 Department for Innovation Universities and Skills recognised UK Degrees:
Department for Innovation, Universities and Skills - Recognised UK Degrees

Recognised UK Degrees and Awards are also available on the Department for Innovation, Universities and Skills websites:
Recognised Institutions or Bodies
Recognised UK Degrees

If the institution is not listed on either of these websites, ECOs should make further enquiries with the institution to determine whether it is recognised. If it appears that a UK institution is awarding the qualification, but that most of the study takes place at a non-UK institution, ECOs are recommended to confirm with the UK institution that they have awarded the qualification and also to check that they are listed within the websites above.

Maintenance and Accommodation
Those undertaking a Foundation Programme will already have this post arranged when they apply for leave, and the evidence that they provide to confirm this should indicate the level of funds available to the applicant during their leave.

Date of completion of degree
ECOs should use the expiry date of the applicant’s leave as a student (granted to complete the medical / dental degree) as the date when the applicant completed their medical or dental degree. If the applicant has completed their medical or dental studies in the UK, but subsequently takes another course or period of study, then any leave granted to take this subsequent period of study does not count as leave “to complete their medical or dental degree”.

Sponsor’s consent
If the applicant is sponsored by a government or international scholarship agency, the duration of entry clearance granted must be in line with the consent of the sponsor, even if this is less than the time required to complete the Foundation Programme.

Previous periods of leave as a Postgraduate Doctor or Dentist
The Foundation Programme consists of one year at Pre-Registration House Officer level and one year at Senior House Officer level and was introduced on 2 August 2005 for doctors (although it will not be made compulsory until August 2007). Therefore ECOs may see some applicants who have previously been granted leave as a Postgraduate Doctor or Dentist to undertake their Pre-Registration House Officer year. This previous leave should be considered in the same way as leave previously granted leave as a Postgraduate Doctor or Dentist to undertake their Pre-Registration House Officer year. This previous leave should be considered in the same way as leave previously granted as a Postgraduate Doctor or Dentist to take the Foundation Programme. These applicants are still eligible for further leave up to a maximum of 3 years in total, if they meet the remaining revised requirements.

Entry clearance
If the applicant meets the requirements of the Postgraduate Doctors and Dentists category, entry clearance may be granted as follows:

• for applicants with no previous leave as a Postgraduate Doctor or Dentist: in line with the Foundation Programme, up to 26 months (this allows for one month before the Foundation Programme starts and one month after it finishes);
• for applicants who have already completed one year as a Postgraduate Doctor or Dentist: in line with the Foundation Programme, up to 14 months (again, this allows for one month before and one month after the Foundation Programme);
• for applicants who have already completed two years as a Postgraduate Doctor or Dentist, but who need further time to complete the Programme: in line with the Foundation Programme.

No individual may build up more than 36 months of leave in this category.

Endorsement
Entry clearances in this category should be endorsed:
'D: POSTGRADUATE DOCTOR/DENTIST'. Code 1.

12.21- Medical Practitioners taking the Professional and Linguistic Assessment Board (PLAB) tests (Rules Paragraphs 75A-75F)
This category was incorporated into the Immigration Rules on 15 March 2005, having previously operated as a concession outside the Rules.

Entry clearance in this category is only mandatory for visa nationals.

Before any doctor can practise medicine in the United Kingdom they must register with the General Medical Council (GMC). Doctors who qualify overseas must first pass an assessment test. This test is set by the Professional and Linguistic Assessment Board (PLAB) and is designed to assess medical expertise and knowledge of English. The PLAB test has two parts – part one can be taken in the UK or abroad, but part two can only be taken in the UK. After passing a PLAB test, limited registration with the GMC is given.

To qualify for entry clearance to take the PLAB Test an applicant must:

• be a graduate from a medical school who intends to take the PLAB Test in the UK;
• provide documentary evidence of a confirmed test date or of their eligibility to take the PLAB Test;
• meet the requirements of Rules Paragraph 41 (iii) - (vii) for entry as a visitor:
  • does not intend to take up employment in the United Kingdom;
  • does not intend to produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public;
  • does not intend to study at a maintained school; and
  • will maintain and accommodate himself and any dependants adequately out of resources available to him without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated by relatives or friends; and
  • intend to leave the UK at the end of their leave granted under this paragraph unless they are successful at PLAB test, and intend to switch into one of the following categories:
• as a postgraduate doctor or dentist (in accordance with Paragraphs 70-75 of the Rules);
• to undertake a period of clinical attachment (in accordance with Paragraphs 75G-75H of the Rules);
• as a work permit holder for employment in the United Kingdom as a Doctor (in accordance with Paragraphs 128-135 of the Rules.

Applicants may be granted 6 months leave at a time to complete the PLAB Test, up to a maximum of 18 months in total. ECOs should note that applicants who are successful at the second part of the PLAB test can apply to switch to one of the above leave to remain categories. The ECO must be satisfied that the applicant will leave the UK if their application for leave to remain is unsuccessful.

Doctors who come to the UK to take the PLAB test may also undertake periods of clinical attachment during their leave. There is no need to apply separately for entry clearance to undertake a clinical attachment, unless the period of the clinical attachment goes on beyond the expiry of the doctor’s leave in the UK to take the PLAB test.

Endorsement
Entry clearances in this category should be endorsed:
‘D: PLAB TEST’. LTE 6 MONTHS. CODE 4.

12.22 - Clinical Attachments and Dental Observations (Rules Paragraphs 75G - 75M)
This category was incorporated into the Immigration Rules on 15 March 2005, having previously operated as a concession outside the Rules.

Overseas doctors or dentists who wish to work in the UK may undertake periods of clinical attachments or dental observation posts in order to familiarise themselves with UK working practices. These clinical attachments and dental observation posts are unpaid and involve observation only and not treatment of patients.

Overseas Doctors or dentists who are already in the UK on leave to take the PLAB test, or on leave as postgraduate doctors, dentists and trainee general practitioners, can undertake clinical attachments or dental observation posts under their existing leave. They will only have to apply separately under the specific rules on clinical attachments or dental observation posts where their period of existing leave (to take the PLAB Test or as a postgraduate doctor/dentist/trainee general practitioner) is due to expire before the end of the clinical attachment or dental observation post.

The requirements to be met by a person seeking leave to enter the UK to undertake a clinical attachment or dental observer post are set out in Paragraph 75G:

• is a graduate from a medical or dental school and intends to undertake a clinical attachment or dental observer post in the UK; and
• can provide documentary evidence of the clinical attachment or dental observer post which will:
  • be unpaid; and
  • only involve observation, not treatment, of patients; and
  • meets the requirements of Paragraphs 41 (iii) - (vii) of the Rules; and
  • intends to leave the UK at the end of their leave granted under this paragraph unless he is granted leave to remain:
• as a postgraduate doctor, dentist or general practitioner in accordance with Paragraphs 70-75; or
• as a work permit holder for employment in the United Kingdom as a doctor or dentist in accordance with Paragraphs 128-135; or
• as a General Practitioner under the Highly Skilled Migrant Programme (HSMP) in accordance with Paragraphs 135A-135H

If the above requirements are met, entry clearance may be granted for the period of the clinical attachment or dental observer post, up to a maximum of 6 weeks at a time, up to a maximum of 6 months in total in this category.

Endorsement
Entry clearances in this category should be endorsed:
'D: CLINICAL ATTACHMENT / DENTAL OBSERVATION’. Code 4.

Additional information
This category is designed to allow trainee doctors and dentists to broaden their knowledge of practices in the UK. It is not designed to allow individuals to remain in the UK for long periods without taking up a training post under the Rules for postgraduate doctors/dentists/trainee general practitioners, or without switching into employment as a doctor or dentist with a work permit, or as a general practitioner under the Highly Skilled Migrant Programme.

Switching
Clinical attachments and dental observation posts help familiarise overseas doctors and dentists with UK medical or dental practice. They can be undertaken at any stage of the doctor or dentist's career and so applicants can switch into this category from leave to take the PLAB Test or leave as a postgraduate doctor, dentist or trainee general practitioner or leave as a work permit holder (for employment in the UK as a doctor or dentist) or leave as a highly-skilled migrant (for employment in the UK as a General Practitioner). Applicants must meet the requirements of the Rules as set out above and should not be using this category purely to extend their stay in the UK rather than to familiarise themselves with UK practices.

12.22.1 Undergraduate students wishing to undertake medical electives in UK hospitals [Updated]
Medical undergraduates studying overseas cannot undertake clinical attachments in the UK as they do not qualify under Paragraphs 75G-75M of the Immigration Rules as they have not yet graduated.

However, applications from medical undergraduates, to undertake medical electives in UK hospitals, can be considered as Student Visitors under Paragraph 56K or Students under Paragraph 57, depending on the duration of the elective. Undergraduate medical electives may involve a familiarisation visit, a clinical rotation or the observation of medical practices/ techniques but like Clinical Attachments can only involve observation, and the not treatment of, patients. In most cases, the period spent in the UK forms part of the student's overseas medical degree course for which some students are asked to prepare a written paper on what has been learnt during their visit.

When considering applications under the Student Visitor Rules where the duration of the elective is 6 months or less the student will have to meet the requirement to have been accepted on a course or period of study provided by an organisation on the Register of Education and Training Providers (56K(ii). This can be met where the teaching hospital is part of a UK university or other institution on the Register. Where the teaching hospital is not part of a UK university or other institution on the Register, it will have to be included on the Register in its own right. See ECG Chapter 10.16 for further guidance on leave to enter.

Applications from students undertaking undergraduate medical electives at a UK university or teaching hospital for a period longer than six months can be considered under the provision 57(ii)b to undertake a period of study and/ or research in excess of six months at a publicly funded institution of higher education where the studies and/ or research forms part of an overseas degree course. For the purposes of 57(iii)b, a teaching hospital can be considered a publicly funded institution of higher education. See Annex 12.2. for further guidance on leave to enter.

12.23 - Students writing up a thesis (Rules Paragraph 69G) [Updated]
A postgraduate student may qualify for admission to the UK for up to 12 months for the purpose of writing up a thesis. Discretion may be used to grant a second period of 12 months only where the university presents a strong reason why the thesis was not completed within the initial 12 month period (e.g. where the student has suffered a prolonged illness, or where the thesis has been submitted but has not reached the required standard and must be re-written). A person seeking leave to enter/remain for the purpose of writing up a thesis must demonstrate that:

• he meets the requirements for admission as a student set out in Paragraph 57(i)-(vi), or he has met the requirements for admission as a student set out in Paragraph 57(i)-(iii) in the previous academic year and
• he continues to meet the requirements of Paragraph 57(iv)-(vi);
• he has produced an ATAS clearance certificate if the thesis relates to postgraduate studies in certain designated subjects leading to a Doctorate or Masters degree by research (see paragraph 1 of Appendix 6 to the Rules) or a taught Masters degree (see paragraph 2 of Appendix 6 to the Rules). A certificate obtained at the time of the last grant of student leave is acceptable provided it continues to remain valid. This requirement does not apply where his student leave was last granted before 30 November 2007; and
• he intends to leave the United Kingdom at the end of the stated period; students who successfully complete UK degree level courses or above may be eligible to switch into Work Permit employment on completion of their course;
• he can provide evidence from the college/university that he is a full-time / part-time / writing up postgraduate student;
• the application is supported by the UK educational institution;
• he is not at the end of a period of government or international scholarship, agency sponsorship, or if so;
• he has the written consent of the sponsoring agency to a further period of study and satisfactory evidence that sponsorship funding is available; and
• he has not been given previous leave to enter for 12 months to write up the same thesis.

12.24 - Re-sitting an examination (Rules Paragraph 69A) [Updated]
A student applying to re-sit examinations must demonstrate that:

• he meets the requirements for admission of a student set out in Paragraph 57 (i) - (viii), or has met the requirements for admission as a student set out in Paragraph 57 (i) - (iii) in the previous academic year and continues to meet the requirements of Paragraph 57 (iv) - (viii); and
• he has produced written confirmation from the education institution or independent fee paying schools which they attend or attended in the previous academic year that they are required to re-sit an examination; and
• he has producd an ATAS clearance certificate if the re-sit relates to postgraduate studies in certain designated subjects leading to a Doctorate or Masters by research (see paragraph 1 of Appendix 6 to the Rules) or a taught Masters degree (see paragraph 2 of Appendix 6 to the Rules). A certificate obtained at the time of the last grant of student leave is acceptable provided it continues to remain valid . This requirement does not apply where his student leave was last granted before 30 November 2007; and
• he can provide satisfactory evidence of regular attendance on any course which he has already begun; or any other course for which he has been enrolled in the past; and
• not have come to the end of a period of government or international scholarship agency sponsorship, or have the written consent of their official sponsor for a further period of study in the United Kingdom and satisfactory evidence that sufficient sponsorship funding is available; and
• not have previously been granted leave to re-sit the examination.

Where students are seeking to return to sit one or two subjects, the college sometimes allows them the use of library and other facilities but does not admit them to further classes. Provided that confirmation of these arrangements from the college is produced, and the requirements of the Rules are met, student entry clearance should be issued.

Applicants wishing to sit an examination without having previously followed a period of study in the UK should be treated as visitors.

12.25 - Prospective students and how they qualify
From 1 September 2007, non-EEA nationals are required to apply for entry clearance prior to their arrival in the UK. This applies if he wishes to study for more than six months or wishes to study for less than six months but intends to take part-time work whilst in the UK. This mandatory entry cllearance requirement applies to prospective students as well.

A prospective student is a person who intends to undertake studies in the UK but does not have complete arrangements for his course of study. This category includes:

• prospective student nurses but not postgraduate doctors or dentists; or
• overseas qualified nurses or midwives;
• those seeking to carry out a preparatory course before becoming a student nurse.

To qualify for admission as a prospective student, applicants must:

• demonstrate a genuine and realistic intention to undertake a course of study within 6 months of their date of entry (as described in 12.4) within 6 months of their date of entry;
• (unless applying for courses that lead to the award of a degree) intend to leave the UK on completion of studies, or on expiry of leave to enter, if not able to meet the requirements for an extension of stay as a student, e.g. by failing to obtain acceptance for a course of study; and
• be able to meet the costs of the intended course, accommodation and maintenance (including for dependants) while making arrangements to study and during the course of studies, without working or recourse to public funds.

Prospective students should have a clear idea of the type and purpose of the studies and should already have been in touch with educational institutions in the UK. For example, the applicant may already have been provisionally accepted at an establishment with final acceptance dependent on an interview. A vague intention to study for qualifications or to enter an unspecified university or other institution is insufficient.

Applicants must be able to demonstrate that they will start studies within 6 months of arrival in the UK. Sometimes they will be able to provide evidence of the starting date in a letter of acceptance or prospectus giving details of the course.

A student's proposed date of travel should be checked to ensure that the leave to enter does not expire before the start of the course. An ECO can only issue a maximum of 6 months in this category. The endorsement in this category is:
'D: PROSPECTIVE STUDENT'. LTE 6 Months. Code 3.

Dependants of prospective students
Paragraphs 76 and 79 of the Rules allow leave to be granted to the spouse or civil partner, and children, of a person admitted to enter the UK as a prospective student. Dependants who qualify (see Paragraph 12.27 for details) should be granted leave on Code 3 conditions, in line with the prospective student, for up to a maximum of 6 months.

12.26 - Students' Unions Sabbatical Officers (Rules Paragraph 87A)
In order to enter the UK as a sabbatical officer, an applicant must:

• have been elected to a full-time salaried post as a sabbatical officer at an educational establishment at which he is registered as a student;
• meet the requirements set out in Paragraph 57 (i) - (ii) of the Rules or have met these requirements in the academic year prior to the one in which he took up or intends to take up sabbatical office;
• not intend to engage in business or take employment except in connection with his sabbatical post;
• be able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
• when the sabbatical post ends, intend to:
  • complete a course of study which he has already begun; or
  • take up a further course of study which has been deferred to enable the applicant to take up the sabbatical post; or
  • leave the United Kingdom; and
• not have come to the end of a period of government or international scholarship agency sponsorship, or has the written consent of his official sponsor to take up a sabbatical post in the United Kingdom; and
• not already have completed 2 years as a sabbatical officer.

For period of leave to grant see Annex 12.2

12.27 - Dependants of students and prospective students and how they qualify  (Rules Paragraphs 76-81)
For an applicant to qualify for admission as the husband, wife or civil partner of a student or prospective student, the ECO must be satisfied that:

• the applicant is married to/is the civil partner of a student, prospective student, student's union sabbatical officer, student nurse or postgraduate doctor / dentist / trainee general practitioner or a student with leave to re-sit an exam or write up a thesis admitted to or allowed to remain in the UK;
• each of the parties intend to live with the other as his or her spouse or civil partner during the applicant's stay and the marriage or civil partnership is subsisting;
• there will be adequate accommodation and maintenance for the student, spouse or civil partner and any dependants, without recourse to public funds;
• the applicant does not intend to take employment, except where the student or prospective student is or was granted leave of 12 months or more; and
• the applicant will not remain in the UK beyond the leave granted to their spouse or civil partner.

For an applicant to qualify for admission as the child of a student, the ECO must be satisfied that the person:

• is a child of a student, prospective student, student's union sabbatical officer, student nurse or postgraduate doctor/dentist/trainee general practitioner or a student with leave to re-sit an exam or write up a thesis admitted or allowed to remain in the UK;
• is under 18 yrs or has current leave to enter or remain in this capacity;
• is unmarried, has not formed an independent family unit and is not leading an independent life;
• can and will be maintained and accommodated adequately without recourse to public funds and;
• will not remain in the UK beyond the leave granted to the parent.

Dependants of students cannot precede the principal applicant to UK.

Evidence that the principal applicant is studying in the United Kingdom
A copy of the principal applicant's passport showing personal details and original leave to enter as a student should be produced if the dependant(s) subsequently seek entry clearance. The applicant should provide it at the initial entry clearance application stage.

Spouse's / civil partner's earnings
At the time of application for first entry to the UK by a spouse or civil partner, potential earnings should not be taken into account when assessing maintenance. The only exception to this is where the spouse or civil partner is already legally employed in the UK.

Schooling
There is no requirement in the Rules to enquire into arrangements for schooling in the UK of student dependants.

In particular cases where a child is likely to remain in the United Kingdom for a period during which its parents are here as students, the Local Education Authority may decide that they should offer the child education for some of this time. The education of any dependants at a state school must be incidental to that person's reason for being in the UK and is subject to the dependants satisfying Paragraphs 79 and 80 of the Immigration Rules. Children must leave the UK with his parent(s) on completion of the parent's studies unless the child enrols at an independent fee-paying school.

ECOs should note that over 16 year olds may attend sixth form colleges provided that they are not attached to a maintained school. See Annex 12.3 for further information.

The entry clearance endorsements in these categories will be :
'D: STUDENT DEPENDANT'

Length of entry clearance for student dependants should be granted in line with the student on the following codes:

• if the LTE granted to the student is less than 12 months - Code 3; or
• if the student has 12 months or more LTE - Code 1; or
• for prospective students - Code 3 (up to a maximum of 6 months)

12.28 - Parents with children at school in the United Kingdom
A person wishing to come to the UK as a parent of a child under 12 who is at school in the UK may apply under Paragraph 56A of the Rules. The requirements are that:

• the parent meets the visit requirements set out in Paragraph 41(ii) - (vii) of the Rules, (the requirement for the stay not to exceed six months is not applicable);
• the child is attending an independent fee paying day school and meets the student requirements set out in Paragraph 57(i) - (vi) of the Rules;
• the child is under 12;
• there is adequate maintenance and accommodation available;
• the parent is not seeking to make the UK their main home; and
• the parent does not intend to work in the UK.

Applicants should be granted LTE for 12 months code 3, endorsed VISIT: CHILD AT SCHOOL.

See also:
Chapter 12 Part 1
Chapter 12 Part 3