Changes to Student and Short-term Student routes from 1 December 2020

[British Lawyer]

>>> Changes to Student and Short-term Student routes from 1 December 2020

The Immigration Rules covering student visas were substantially revised in early September 2020, with the changes coming into force on 5 October. It did include some amendments to the rules for students, though, and this update is a brief overview of those further changes.

 

The explanatory memorandum says:

 

    "In the Student and Child Student rules, the maintenance levels are being amended in line with the current home student maintenance loans. Minor corrections will be made to the rules as laid on 5 October 2020.

 

    A new Short-term Study route is being introduced for students who wish to come to the UK to study English language courses for between 6 and 11 months, replacing the current route. The study must be at an accredited institution. Students who wish to come to the UK to study for 6 months or less may now do so under the Visitor route."

 

There are four of these “minor corrections”:

 

    1. Maintenance levels are being increased from £1,265 to £1,334 per month inside London and from £1,015 to £1,023 for courses outside London. One positive change is that applicants can now rely on electronic bank statements without the need to grovel to the cashier to stamp every page 

    2. If students or their dependants have permission to work, they’ll no longer be prevented from working as a postgraduate doctor or dentist in training 

    3. There are new forms for EEA nationals who have a chipped passport and are applying as student dependants (paragraph ST 28.1).

    4. Clarification that sponsors cannot assess the initial B1 English level needed by students, but in certain circumstances where the student is going on to study at degree level after a pre-sessional course, can self-assess that the student’s English will improve to level B2. 

 

There is also a new Appendix Parent of a Child Student. Its provisions are broadly comparable to the previous rules for this visa category, with a major added benefit: parents will now be granted the same length of leave to remain in the UK as the child, meaning that they won’t be required to re-apply every 12 months. Note that this arrangement can end sooner if the child turns 12 in the meantime.

 

The Short-term Student route

 

One sees more substantive changes with the introduction of the new Appendix Short-term Student (English language). This is described as a route for people over 16 who want to study an English language course for between six and 11 months at an accredited institution. The existing rules covering short-term students, in paragraphs A57A to A57H, are being deleted.

 

The actual scope of the route has been narrowed. Amendments to the visitor rules now allow some people who previously needed a Short-term Student visa to apply for a visit visa instead. A visitor’s main purpose for visiting the UK can be to study here, and students in visitors’ clothing are now able to study for between 30 days and six months. The Short-term Student visa fills the gap for those who are looking to study an English language course for longer than six months but no more than 11 months.

 

There is still a marked difference between the requirements for visitors who are studying and those on a Short-term Student visa, in particular the requirements in the latter route to provide evidence of their finances in a specified way and stick to a fixed course of study. 

 

Importantly, paragraph ST 1.4 prevents people on visit visas or Short-term Student visas from jumping over to the standard student route. In both cases, unlike in the normal student rules, an applicant will need to show evidence that they’ll be returning home. 

All these changes take effect on 1 December 2020.

[Aliyad]

В 11/10/2020 в 3:56 PM, British Lawyer сказал:

>>> Changes to Student and Short-term Student routes from 1 December 2020

The Immigration Rules covering student visas were substantially revised in early September 2020, with the changes coming into force on 5 October. It did include some amendments to the rules for students, though, and this update is a brief overview of those further changes.

 

The explanatory memorandum says:

 

    "In the Student and Child Student rules, the maintenance levels are being amended in line with the current home student maintenance loans. Minor corrections will be made to the rules as laid on 5 October 2020.

 

    A new Short-term Study route is being introduced for students who wish to come to the UK to study English language courses for between 6 and 11 months, replacing the current route. The study must be at an accredited institution. Students who wish to come to the UK to study for 6 months or less may now do so under the Visitor route."

 

There are four of these “minor corrections”:

 

    1. Maintenance levels are being increased from £1,265 to £1,334 per month inside London and from £1,015 to £1,023 for courses outside London. One positive change is that applicants can now rely on electronic bank statements without the need to grovel to the cashier to stamp every page 

    2. If students or their dependants have permission to work, they’ll no longer be prevented from working as a postgraduate doctor or dentist in training 

    3. There are new forms for EEA nationals who have a chipped passport and are applying as student dependants (paragraph ST 28.1).

    4. Clarification that sponsors cannot assess the initial B1 English level needed by students, but in certain circumstances where the student is going on to study at degree level after a pre-sessional course, can self-assess that the student’s English will improve to level B2. 

 

There is also a new Appendix Parent of a Child Student. Its provisions are broadly comparable to the previous rules for this visa category, with a major added benefit: parents will now be granted the same length of leave to remain in the UK as the child, meaning that they won’t be required to re-apply every 12 months. Note that this arrangement can end sooner if the child turns 12 in the meantime.

 

The Short-term Student route

 

One sees more substantive changes with the introduction of the new Appendix Short-term Student (English language). This is described as a route for people over 16 who want to study an English language course for between six and 11 months at an accredited institution. The existing rules covering short-term students, in paragraphs A57A to A57H, are being deleted.

 

The actual scope of the route has been narrowed. Amendments to the visitor rules now allow some people who previously needed a Short-term Student visa to apply for a visit visa instead. A visitor’s main purpose for visiting the UK can be to study here, and students in visitors’ clothing are now able to study for between 30 days and six months. The Short-term Student visa fills the gap for those who are looking to study an English language course for longer than six months but no more than 11 months.

 

There is still a marked difference between the requirements for visitors who are studying and those on a Short-term Student visa, in particular the requirements in the latter route to provide evidence of their finances in a specified way and stick to a fixed course of study. 

 

Importantly, paragraph ST 1.4 prevents people on visit visas or Short-term Student visas from jumping over to the standard student route. In both cases, unlike in the normal student rules, an applicant will need to show evidence that they’ll be returning home. 

All these changes take effect on 1 December 2020.

Здравствуйте уважаемый , British Lawyer, 
Дочь получила студенческую визу в  январе, она показывала себя спонсором.
Имея в виду,что средства, которые нужно показать на визу,  должны отлежать счете 28 дней, и время ожидания решения, занимает время, могу ли я выступить в качестве спонсора мужу моей дочери и внукам как депендантам  студенческой визе?
Заранее  благодарна за ответ 
Алия 

[fregat222]

Не совсем понятен вопрос. Вы имеете ввиду, выступить спонсором мужу дочери (Вашему зятю) и Вашим внукам? А зачем? Чтобы они приехали вместе с дочерью? Если при таком положении дел, то нет. Так можно сделать только для Канады.

[Aliyad]

Спасибо за ваш ответ, да, моему зятю и внукам, думаю семья может быть вместе во время обучения студента.

[fregat222]

Сожалею, но тогда нужно Вашему зятю и Вашим внукам другие иммиграционные программы в Британии искать.

А зять и внуки граждане ЕС? Находятся ли они в Британии или за территорией королевства?

Изменено 7 февраля, 2021 пользователем fregat222

[British Lawyer]

Доброе утро всем.

Какая студенческая виза была получена - на какой срок ? Т.е. какой курс будет проходить Ваша дочь ?

Предвосхищая Ваш ответ, вот ссылка на Appendix Finance, который четко дает ответ по account holders and 3rd party support: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-finance

См. FIN 5.1. :

"Account holders:

1. FIN 5.1. Accounts relied on must be in the name of the applicant (either alone or as a joint account holder), unless one of the following applies:
   1. (a) the account is in the name of the applicant’s partner who is applying for entry clearance or permission to stay at the same time or has been granted permission; or
   2. (b) the applicant is applying as a Child Student, or Student, or dependent child, and the account is in the name of their parent, or their legal guardian; or
   3. (c) the applicant is applying as a Child Student and they are being cared for by a close relative, or a private foster care arrangement has been made which complies with the requirements in CS 9.3. to CS 9.5, and the account is in the name of the applicant’s close relative or private foster carer; or
   4. (d) the requirements for the route under which the applicant is applying state that an account in the name of a third party may be relied upon and the account is in the name of that third party.

1. FIN 5.2. The applicant, or account holder in FIN.5.1, must have control of the funds.

1. FIN 5.3. If the applicant is applying as a Student or Child Student and they are relying on funds held in an account in the name of a parent or legal guardian as specified in FIN 5.1. they must provide proof of that relationship and written consent from the parent or legal guardian to use those funds."

и, в особенности, FIN 6.1.:

"FIN 6.1. Promises of future third-party support will not be accepted as evidence of funds, except where this is specified in the route under which the applicant is applying."

Так же рекомендую ознакомиться с Appendix Student: https://www.gov.uk/guidance/immigration-rules/appendix-student

В частности  секцией по т.н. Dependents, ST 31.3 - прик каких условиях они могут приехать:

Student course requirement for a dependent partner or dependent child of a Student

1. ST 31.1. Unless they are a child who meets the requirements in ST 31.2., the applicant must be the partner or child of a person who is:
   1. (a) a Student who has received an award from a Government and has, or is applying for, permission to study on a full-time course of 6 months or longer; or
   2. (b) a full-time Student who has, or is applying for, permission to study a postgraduate level course of 9 months or longer at a higher education provider with a track record of compliance; or
   3. (c) a Student who has permission on the Doctorate Extension Scheme; or
   4. (d) a Student who has, or had within the last 3 months before the date of application, permission to study on a full-time course of 6 months or longer, and is now applying for permission to study a full-time course of 6 months or longer where either:
      1. (i) the partner or child already has, or had within the last 3 months before the date of application, permission as a dependent partner or dependent child of the Student; or
      2. (ii) the child was born since the last grant of permission to the Student, where the Student and partner or child are applying at the same time.

==

Если условия в ST 31.1 и др. выполняются - муж и ребенок могут приехать.

Изменено 8 февраля, 2021 пользователем British Lawyer

[Aliyad]

Здравствуйте, British Lawyer и Fregat222, 
Спасибо за  ответы, и ссылку, ясно теперь. Курс 16  месяцев, Мастерс.
С уважением,
Алия 

[fregat222]

Поддержу. Если она идет по магистрской программе, то проблем с приездом нет. Вот только там есть четкий перечень кто может выступать спонсором зависимых членов семьи студента.