Major reforms of student visa in the UK

Bushan Deepchand and Ramachandran Subramanian

The UK government is determined to strengthen the student visa system in a bid to clampdown on abuses of the student route to the UK as well as reducing the number of international students coming to the UK.

These measures are likely to adversely affect thousands of Sri Lankan students who come to the UK every year for further studies at different levels as well as the Sri Lankan students already present in the UK.

The government claims to be focused on introducing better controls and attracting talented international students to the UK. They want to be more selective about who can come to the UK and how long they can stay in the UK. They want to ensure that the brightest and the best can come to the UK to live, work and study.

They are adamant that the student route is a temporary one, and on completion of their studies, students will be expected to return to their countries of origin.

The proposals in the consultation included:

* Reducing the number of people coming to the UK to study at below degree level;

*Introducing a tougher English language requirement;

* Ensuring that students wishing to extend their studies show evidence of academic progression;

* Limiting students’ entitlements to work and their ability to bring in dependants; and

* Ensuring students return overseas after completion of their course

The government’s intention to reduce annual net non-EU migration to the UK to tens thousands a year. The government has already started its reduction programme through a limit on the number of non-EU economic migrants admitted to the UK to take up employment in the UK. The government has made clear that the international student route is included in reducing net migration to the UK.

All Tier 4 (General) applicants including degree level and English language students will be subject to a secure English language test showing competence at level B2. Raising the Tier 4 English language bar from B1 to B2 of the on the Common European Framework of Reference for languages (CEFR) will act as a key indicator of fitness to complete a higher level course as well as assisting with their integration with other students and wider society on arrival in the UK.

Students who wish to extend their stay in the UK in order to study a new course will have to provide confirmation from their Tier 4 sponsor ( University of accredited college) that the new course represents progression to a higher level course, so that the UKBA can be satisfied that study is the real reason for a longer stay in the UK .

At present, all Tier 4 (General) students are able to work full-time during their vacations, and part-time during term time. The number of hours work permitted during term-time depends on the level of the course the student is following 10 hours or 20 hours per week maximum during term time.

Remove permission to work for all dependants of Tier 4 students, except where they qualify in their own right under Tier 1 or Tier 2 of the PBS.

Only those Tier 4 students studying for more than 12 months to be allowed to bring their dependants to the UK. Students should only be allowed to work on campus during the week and for any external employer at weekends and during vacation periods.

The student route is a temporary migration route, with students expected to leave on

completion of their studies. However there are economic migrant students who prolong their studies as a vehicle for achieving protracted stays in the UK working towards the “immigration Clock” for Indefinite Leave to Remain in the UK. Therefore, student may have to return to their home countries upon the expiry of their visa and apply for entry clearance again for their new course of study.

Students who have completed 8 years in the UK may be allowed to complete their studies but their visa may not be renewed.

The Post Study Work route which enables international graduate students to move from study to work in the UK after being awarded a UK recognised bachelor’s or postgraduate degree, a UK Post Graduate Certificate in Education (PGCE) or Professional Graduate Diploma of Education (PGDE) or a Higher National Diploma from a Scottish institution. The Tier 1 Post Study Work allows them to stay in the UK for up to two years to look for skilled work, and then switch into one of the main work routes (Tier 1 or Tier 2) as soon as they are able to do so.

The government proposes to close the Tier 1 Post Study Work route in April 2012.

These measures are likely to result in thousands job losses and a big cut in the annual contribution of £5 billion to the British economy form the international student market.

There are thousands of Sri Lankans whose dependants are currently allowed to work in the UK and they are self-financing students. The current policy is quiet flexible in the sense that it gives an opportunity for some people to study in the UK because they are supported by their dependant who are allowed to work in the UK. If they are not allowed to work in the UK then they may not be able to continue their studies in the UK.

The Tier 1 Post Study Work visa enables many Sri Lankans and other international students to take up employment in the UK on a full-time basis for a maximum period of 2 years after completion of their study. Many self-financing Sri Lankan students use this opportunity to work and recover some of the cost spent on their study in University fees. The proposed measures will not only cause international talents to avoid Britain but also cause fundamental damage to the British economy including job losses and significant loss of revenue from high fee-paying international students in this world competitive markets.

From May 23, Section 19 of the UK Borders Act 2007 brings into life Section 85A of the Nationality, Immigration and Asylum Act 2002 whereby tribunals will not consider evidence submitted after an application has been made which was generally accepted by virtue of Section 85(4) of the Nationality, Immigration and Asylum Act 2002, in appeals relating to applications made in the UK under the points-based system.

UK Border Agency statistics stated that around two-thirds of appeals allowed by immigration judges are due to late evidence being submitted at the hearing.

To be continued