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VAT9 Special Visitor: Student visitor

VAT9 Special Visitor: Student visitor
Last updated 30 March 2009

This is internal guidance for use by entry clearance staff on the handling of applications made outside the United Kingdom (UK) for visit and transit visas. It is a live document under constant review and is for information only.

Entry Clearance Guidance - Recent updates

Guidance

Further information

 

VAT9.1 What is a student visitor?

Student visitors are visitors who wish to undertake a short course or period of study which will be completed within the period of their leave.  Short-term students ie those studying on course of 6 months duration or less who do not intend to take part-time employment or undertake a paid or unpaid work placement as part of their course may also benefit from these provisions.

Furthermore, those studying overseas for UK qualifications (distance learners who do not qualify as Students) who occassionally need to visit the UK for classes or revision sessions can be considered under the Student Visitor category ie.  although the course of study might be longer than 6 months, each period of study is less than six months. 

The UK Border Agency will not give extensions of stay to student visitors. Any period spent as a student visitor is counted as a period spent as a visitor.

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VAT9.2 What are the requirements for student visitor?

In addition to meeting the requirements of the visitor rules, a student visitor must meet the requirements in Paragraphs 56K – 56M of the Immigration Rules and show that they have been accepted on a course of study which is to be provided by an organisation which is outside the maintained sector and is included on the Register of Education & Training Providers. However, please note that as a result of the introduction of Tier 4 of the Points Based System after 31 March 2009, the institution where the applicant intends to study will need to be:

  1. the holder of a Register of Sponsors Licensed Under the Points Based System or
  2. accredited by a UKBA approved accreditation body, or
  3. an overseas Higher Education Institution offering only part of their programmes in the United Kingdom , holding their own national accreditation and offering programmes that are of an equivalent level to a United Kingdom degree.

Lists of institutions accredited by the UKBA approved bodies (Accreditation UK, BAC, ASIC and ABLS) can be found at: 

Accreditation UK - a British Council scheme which offers an accreditation service for English language schools; 
The British Accreditation Council (BAC) - which offers a more general accreditation service to cover a wide range of different educational establishments and their courses; and 
The Accreditation Service for International Colleges (ASIC) - which also offers a general accreditation service to cover a wide range of different educational establishments and their courses.  
The Accreditation Body for Language Services (ABLS) - which provides an accreditation service to a diverse range of English language providers.

In order to meet the requirements of being an overseas Higher Education Institution offering programmes at an equivalent of a UK degree, the institution should be recognised by NARIC.  ECOs should therefore check the PBS calculator to ensure that the institution is an accredited overseas institution. 

Because they are essentially visitors, student visitors (applicants using VAF1D) are not granted leave in line with the duration of their course, but rather leave granted is in line with being a visitor and should normally be for six months.

If a student visitor visa has been issued incorrectly, mistakes should be rectified where possible.  If the applicant has already travelled to the UK and requests that their visa be changed see the guidance on correcting an incorrect endorsement.

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VAT9.3 Is entry clearance mandatory?

Only for visa nationals.  Non-visa nationals do not require an entry clearance inthis category.

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VAT9.4 What are the requirements for student visitors under the age of 18?

There are no separate provisions for children under 18 years of age to seek entry to the UK as a child student visitor. To enable such students to obtain leave to enter the UK to undertake a short course of study and ensure that existing child protection measures continue to apply (as provided under the Child Visitor category), an additional requirement has been included in the child visitor provisions so that, if children under the age of 18 are to attend a course of study, the course must be provided by an organisation which is included on the Register of Education and Training Providers and the course provider must be outside the maintained sector. However, please note that as a result of introduction of Tier 4 of the Points Based System, the institution where the child intends to study, will have to be outside the maintained sector and either:

  1. the holder of a Sponsor Licence for Tier 4 of the Points Based System, or
  2. acredited by a UKBA approved accreditation body, or
  3. an independent fee paying school registered with the Department for Children Schools and Families.

Children should therefore apply under the Child Visitor Rules Paragraph 46A (see VAT 3 Special Visitor: Child visitor)

 

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VAT9.5 Can a student visitor have a long-term multiple visit visa?

No.  The maximum period allowed is 6 months. Long term visit visas for 1/ 2 / 5 / 10 years are not issued in this category.

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VAT9.6 Does a student visitor have to study a set number of daytime hours per week?

No.  The course of study does not need to meet the requirement that it is a full-time course, or that it must consist of a minimum of 15 hours daytime study per week.  For a student visitor the course of study may begin after 6pm in the evening eg evening classes, or can take place at the weekend.  Also, there is no requirement for the course or period of study to lead to a qualification.

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VAT9.7 What is the visa endorsement?

C:VISIT-STUDENT  LTE 6 months Code 3

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VAT9.8 How much leave should be given?

The maximum period allowed for a Student Visitor is 6 months. This is because they are essentially visitors. Student visitors (applicants using VAF1) are not granted leave in line with the duration of their course, but rather leave granted is in line with being a visitor and should normally be for six months.

If less than 6 months leave is to be granted, ECOs must seek ECM authority and  the reasons for the leave curtailment should be noted on PROVISO.  (See section on visa validity in Visitors: General).

In all cases, including where the original grant of leave was for less than 6 months, the applicant should be advised that the Immigration Rules do not make provision for an extension to be granted after entry.

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VAT9.9 Do student visitors have full rights of appeal?

No.  However, any unsuccessful applicant who seeks to enter the UK as a visitor and intends, at some point in the visit, to meet a qualifying family member, should be notified of a full right of appeal.

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The official British Government website for visa services

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