Specific guidance for Tier 4 (General) students

61. See paragraphs 245ZT to 245ZY of the Immigration Rules for full details of the requirements of the Tier 4 (General) student category.

What is the Tier 4 (General) student category?

62. The Tier 4 (General) student category is for people coming to the UK for post-16 education.

63. If you are 16 or 17 years old and studying a course at or above National Qualification Framework level 3, you and your Tier 4 sponsor can agree whether you apply as a Tier 4 (General) student or Tier 4 (Child) student. If you are 16 or 17 years old, then you should apply as a Tier 4 (General) Student if you wish to study English as a foreign language.

Who can switch into the Tier 4 (General) student category?

64. You can apply under the Tier 4 (General) student category if you currently have, or you were last given, permission to stay in any of the following categories:

• Tier 4 (General) Student,

• Tier 4 (Child) Student,

• Tier 1 (Post-study Work) Migrant,

• Tier 2 Migrant,

• Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),

• Participant in the Fresh Talent: Working in Scotland Scheme,

• Postgraduate Doctor or Dentist,

• Prospective Student,

• Student,

• Student Nurse,

• Student Re-sitting an Examination,

• Student Writing-Up a Thesis,

• Student Union Sabbatical Officer,

• Work Permit Holder.

What type of study can a Tier 4 (General) student do?

65. You must either be doing full-time study in the UK on:

• a full-time course of study that leads to a qualification at Level 6 or above of the

revised National Qualification Framework (NQF) or its equivalents; or

• an overseas course of degree level study that is recognised as being equivalent to a

UK Higher Education course and is being provided by an overseas HEI; or

• a full time course involving a minimum of 15 hours per week organised daytime study

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(daytime study is 8am - 6pm, Monday to Friday) and (except in the case of a pre- sessional course) leading to a qualification below degree level but which must be at a minimum of NQF Level 3 or its equivalents; or

• undertaking a recognised Foundation Programme as a postgraduate doctor or dentist

in the UK; or

• undertaking work as a student union sabbatical officer at your Tier 4 sponsoring

institution.

What are the acceptable levels of courses that a Tier 4 (General) student can do?

66. If you are studying with a Tier 4 sponsor that has a Highly Trusted Sponsor licence, you can obtain a CAS for a course that leads to an approved qualification for Home Office purposes and is:

• Approved at level 3 or above on the National Qualifications Framework (NQF) or Qualifications and Credits Framework (QCF) in England, Wales and Northern Ireland; or

• Accredited at level 6 or above in the Scottish Credit and Qualifications Framework (SCQF) by the Scottish Qualifications Authority; or

• A short-term Study Abroad programme in the UK as part of the Tier 4 (General) student’s qualification at an overseas university, as long as the qualification is confirmed as being at the same level as a UK degree by UK NARIC. Contact details for UK NARIC can be found on their website at: www.naric.org.uk/; or

• An English language course at level B2 or above of the Common European

Framework of Reference for Languages.

Please note that in addition to the above, Highly Trusted Sponsors can offer courses which include work placements.

67. If you are studying with a Tier 4 sponsor that has a standard licence and is rated either A (Trusted) or B (Sponsor), then you can obtain a CAS for a course that leads to an approved qualification for Home Office purposes which is:

• Approved at level 4 or above on the National Qualifications Framework (NQF) or Qualifications and Credits Framework (QCF) in England, Wales and Northern Ireland; or

• Accredited at level 7 or above in the Scottish Credit and Qualifications Framework (SCQF) by the Scottish Qualifications Authority; or

• A short-term Study Abroad Programme in the UK as part of the Tier 4 (General) student’s qualification at an overseas university, as long as the qualification is confirmed as being at the same level as a UK degree by UK NARIC. Contact details for UK NARIC can be found on their website at: www.naric.org.uk/; or

• An English language course at level B2 or above of the Common European

Framework of Reference for Languages.

Sponsors with a standard Tier 4 sponsor licence rated either A (Trusted) or B (Sponsor) cannot offer courses below degree level that contain work placements.

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Academic Progress

68. If you have a CAS and you previously had permission to stay as a Student or a Tier 4 (General) Student then your Tier 4 Sponsor can only give you a CAS for a new course, if your new course represents academic progress from your previous studies. The only exception to this is where you are:

• re-sitting examinations or repeating modules, or

• making a first application to move to a new institution to complete a course commenced elsewhere, for example, you began a Bachelor’s degree course at a Sponsor whose licence was revoked and you wish to move to a new fully licensed Tier 4 sponsor to complete the same degree course.

69. In order for your new course to represent academic progress from your previous studies, it must:

• be above the level of your previous course for which you were granted leave as a

Tier 4 (General) Student or as a Student, or

• involve further study at the same level, which your Tier 4 Sponsor has confirmed complements the previous course for which you were granted leave as a Tier 4 (General) Student or as a Student, for example, you may be moving from a taught masters degree to an MBA or research-based masters degree.

An example of academic progress would be a Tier 4 student who completes a one year Higher National Diploma at a HEI (NQF Level 5) and who then moves on to study a 3 year Bachelors Degree programme (NQF Level 6).

70. In exceptional circumstances only, involve the further study at a lower level but we expect these cases to be rare.

Date: 2016-03-03; view: 703