Ii. A letter from your parent(s) or legal guardian confirming the care arrangement

which must show:

• the nature of their relationship with the intended carer; and

• the address in the UK where you and your intended carer will be living; and

• that your parent(s) or legal guardian support the application, and authorise the intended carer to take responsibility for the care of you during your stay in the UK.

iii. Proof to confirm the intended carer is allowed to be in the UK which must be either:

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• their current UK or European Union passport; or

• their current passport or travel document to confirm that they are settled in the UK; or

• their certificate of naturalisation.

(We will accept a notarised copy of the original passport or travel document, but reserve the right to request the original.)

303. If you are living with a close relative, no further documentation is required.

304. If you are staying in a private foster care arrangement, you must receive permission

from your private foster carer’s UK local authority. This is explained in the ‘Children (Private Arrangements for Fostering) Regulations 2005’.

305. If you are staying in a private foster care arrangement and you are under 16 years old, you must provide both:

I. A copy of the letter of notification from your parent(s), legal guardian or intended carer to the UK local authority. This must confirm that you will be in the care of a private foster carer while in the UK.

And

ii. The UK local authority’s confirmation of receipt. This must confirm that the local authority has received notification of the foster care arrangement.

FURTHER POLICY GUIDANCE– FOR ALL STUDENTS What do we mean by ‘Date of Application’?

306. If you are applying from inside the UK, the date of your application will be taken to be the following:

• where the application form is sent by post, the date of posting,

• where the application form is submitted in person, the date on which it is accepted by

a Premium Service Centre of the Home Office,

• where the application form is sent by courier, the date on which it is delivered to the

Home Office, or

• where the application is made via the online application process, on the date on which the online application is submitted.

307. If you are applying from outside of the UK, the date of your application will be taken to be the date that the fee associated with the application is paid. This means the date shown on your payment receipt, which depends on how you paid for your visa application, for example, at a British Diplomatic Post, visa application centre or online.

308. For the purposes of submitting a Tier 4 application, your age will be considered to be the age you are on the date that you apply to us.

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Can I bring my partner and/or children with me?

309. Only new students sponsored by a HEI on a course at NQF level 7 or above lasting 12 months or more, new Government sponsored students following a course that is longer than six months and Doctorate Extension Scheme students will be able to bring their partners and/or children (also known as dependants) to the UK with them.

310. Dependants with existing permission wishing to extend their stay in the UK will be allowed to extend provided they apply at the same time as you apply to undertake a course of study that is longer than six months in duration. Any partners or children who want to

come to the UK must make an application under the points based system dependants’ rules.

311. If you are a Tier 4 (Child) student, then you are not allowed to bring partners to the UK with you as dependants. If you have any children under the age of 18 who are living with you or who you are financially responsible for then you are not able to come to the UK as a Tier 4 (Child) student.

312. If you are married or you have a partner who wants to come with you, the only way you can do so is if they make an application of their own, rather than as your dependant. This could be in another immigration category.

313. A parent accompanying a child under 12 must apply as a special visitor using the special visitors provision.

What general conditions will be attached to my stay in the UK?

314. Whilst in the UK you must:

• not claim any state benefits (known as public funds) that you are not entitled to;

• register with the police, if this is needed by paragraph 326 of the Immigration Rules.

Can I work whilst in the UK?

315. If you are following a course at NQF 6 or QCF 6 or SCQF 9 or above with a sponsor which is a Recognised Body or a UK HEI, or you are undertaking a short-term study abroad degree programme at an overseas Recognised Body or HEI the following work is allowed:

• part-time during term-time, which is no more than 20 hours a week;

• full-time during vacations;

• on a work placement as part of the course, providing the work placement does not

amount to more than 50% of the course;

• as a postgraduate doctor on a recognised Foundation Programme, providing you are

being sponsored by the UK Foundation Programme Office;

• as a postgraduate dentist on a recognised Foundation Programme, providing you are being sponsored by the Yorkshire and Humber Strategic Health Authority or the South London Local Education and Training Board (also known as South London Health

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Education England);

• as a student union sabbatical officer for up to two years.

316. If you are following a course at NQF 3/4/5 or QCF 3/4/5 or SCQF 6/7/8, with a sponsor which is a UK HEI, the following work is allowed:

• part-time during term-time, which is no more than 10 hours a week;

• full-time during vacations;

• on a work placement as part of the course, providing the work placement does not

amount to more than 33% of the course;

• as a student union sabbatical officer for up to two years.

317. If you are following a course at any level with a sponsor which is a publicly funded further education college, the following work is allowed:

• part-time during term-time, which is no more than 10 hours a week;

• full-time during vacations;

• on a work placement as part of a course, providing the work placement does not

amount to more than 33% of the course;

• as a student union sabbatical officer for up to two years.

318. If you are following a course at any level with a Tier 4 sponsor which is not a UK HEI, a short-term study abroad degree programme at an overseas HEI or a publicly funded further education college, you are not allowed to work whilst in the UK.

319. If you are allowed to work, you must not be employed as any of the following:

• an entertainer, unless you are:

• a Doctorate Extension Scheme student and you have completed your course; or

• undertaking a course of study in music or dance at NQF/QCF 6 or SCQF 9 or above, and you are undertaking a work placement which involve professional performance and that performance has been arranged by your sponsoring education provider and is an assessed part of your course;

• a doctor in training (unless the course that you are being sponsored to do, as recorded

on your CAS, is a recognised Foundation Programme); or

• a professional sportsperson (including coach).

320. If you are allowed to work, you must not be self-employed unless you are either on the

Doctorate Extension Scheme and you have successfully completed your course, or:

• you have successfully completed a course at degree level or above at a Sponsor that is a Recognised Body or a body in receipt of public funding as a HEI from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; and

• you have made an application for leave to remain as a Tier 1 (Graduate Entrepreneur)

Migrant which is supported by an endorsement from a qualifying Higher Education

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Institution before your Tier 4 leave has ended (and any appeal against that decision

has been determined); and

• you have yet to receive a decision on your Tier 1 (Graduate Entrepreneur) Migrant

application.

321. If you are allowed to work, you must not fill a full-time permanent vacancy (other than on a recognised Foundation Programme) unless you are either on the Doctorate Extension Scheme and you have successfully completed your course or:

• you have successfully completed a course at degree level or above at a Sponsor that is a Recognised Body or a body in receipt of public funding as a HEI from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; and

• you have made a Tier 2 application supported by a Certificate of Sponsorship assigned by a licensed Tier 2 Sponsor before your Tier 4 leave has ended (and any appeal against that decision has been determined); and

• you will be employed in the role for which that Certificate of Sponsorship was

assigned; and

• you have yet to receive a decision on your Tier 2 application.

322. You are on the Doctorate Extension Scheme and have successfully completed your course if:

• you have made a successful application for leave to remain as a Tier 4 (General) student on the Doctorate Extension Scheme and your sponsor has formally confirmed that your PhD is completed to the standard required for the award of a PhD; or

• you have made an application for leave to remain as a Tier 4 (General) student on the

Doctorate Extension Scheme that has yet to be decided and:

• you have permission to stay as a Tier 4 (General) student to study a course that

leads to the award of a PhD qualification and

• you were last studying with a Tier 4 sponsor that is a UK HEI; and

• you have a CAS from your Tier 4 sponsor confirming that they expect you to successfully complete your course and that they will sponsor you during the 12 months you are on the scheme; and

• you applied no more than 60 days before the end date of your course (as stated

on your CAS); and

• your sponsor has formally confirmed that your PhD is completed to the standard

required for the award of a PhD.

323. If you are a Tier 4 (Child) student under the age of 16 years old, you cannot work at all during your time in the UK

324. If you are a Tier 4 (Child) student who is over the age of 16 years old, you are allowed to work if it is:

• part-time during term-time, which is no more than 10 hours a week;

Tier 4 Policy Guidance version 11/2014 page 54 of 81

• full-time during vacations;

• on a work placement as part of the course, providing the work placement does not

exceed 50% of the course;

• as a student union sabbatical officer for up to two years.

325. If you are a Tier 4 (Child) Student who is permitted to work, you must not fill a full-time permanent vacancy and you must not be self-employed, employed as a doctor in training or as a professional sportsperson (including coach) or entertainer.

326. If you are allowed to work, you can work full-time during vacation periods, within the limits detailed above. If, having fully completed the course for which your CAS was assigned, you make an application for leave under the Points-Based System before your existing leave expires, you will be permitted to work full-time, within the limits described above, until your application is decided.

327. You may work full- time after your course has ended provided your conditions of stay permit work during term time and you have leave to stay in the UK. The period at the end of the course is considered vacation time.

(a)If you stop studying before completing your course you will no longer be entitled to work and will be in breach of your conditions of leave if found working.

What types of work placements am I permitted to take?

328. If you are a Tier 4 (General) student or a Tier 4 (Child) student, then in certain circumstances, you will be permitted to undertake a work placement as part of your course, providing it is an integral and assessed part of the course. If you are permitted to have a work placement as part of your course, then the time you spend on it must not exceed 33% of the total length of your course, unless:

• your course is at NQF/QCF 6 or SCQF 9 or above and will be studied at a Recognised

Body or a HEI. In these circumstances, your work placement must not be more than

50 per cent of the total length of the course; or

• your course is at NQF/QCF 6 or SCQF 9 and forms part of a study abroad programme. In these circumstances, your work placement must not be more than 50 percent of the total length of the course; or

• you are a Tier 4 (Child) aged 16 or above. In this instance, your work placement must

not be more than 50 percent of the total length of the course; or

• there is a UK statutory requirement for the course to contain a specific period of work placement which exceeds this limit. The work placement must also be an integral and assessed part of the course.

329. If you are undertaking a course of study in music or dance at NQF/QCF 6 or SCQF 9 or above, then you are able to undertake a work placement as part of the course which involves a professional performance, where the performance has been arranged by your Tier

4 sponsor and it is an integral and assessed part of the course.

330. If you will be studying at Tier 4 Sponsor who is not a HTS sponsor and your course is below degree level your course cannot include a work placement.

331. If you are under 16 years old, then you are not allowed to work in the UK, and so you

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cannot do a work placement as part of your course of study here.

332. If you are enrolled on a higher education course at an overseas HEI and you are coming to the UK to do part of your course, you may also do a work placement as part of your course as long as it is no more than 50% of your study in the UK.

333. If you have a CAS for a course which involves a work placement, your Tier 4 sponsor will remain responsible for you throughout your work placement.

Can I take a Pre-sessional course to prepare me for my main course of study in the UK?

334. A pre-sessional course is a preparatory course which will directly precede your main course of study in the UK. It is designed to enable you to acquire the ancillary skills or knowledge necessary to adjust to study in the UK. Usually this will be supplementary

English language training or some instruction in the British education system. Courses which are designed to give you fundamental training in the subject area as a stepping stone to higher study – e.g. a Foundation degree – or courses which form an integral part of your

main course of study but which are administered separately will not be considered as pre- sessionals. The pre-sessional course will be studied prior to your main course of study and may in some cases lead to a recognised qualification.

335. If you are a Tier 4 (General) student, then you can be given permission to stay to cover both your pre- sessional course and your main course where your CAS is:

• issued by a UK HEI to cover both a pre-sessional course of no longer than three

months’ duration; and

• you have an unconditional offer of a place on a course of degree level study at that UK HEI. This includes where the pre-sessional course is to allow you to reach B2 level in English language and your sponsor is satisfied that you will reach that level at the end of the pre-sessional; and

• your course of degree level study commences no later than one month after the end date of your pre-sessional course.

336. If you are a Tier 4 (Child) Student, then you can be given permission to stay to cover both your pre- sessional course and your main course where your CAS is:

• issued by an independent school to cover both a pre-sessional course and a course at

an independent school; and

• you have an unconditional offer of a place on a course at an independent school; and

• the duration of your pre-sessional course and your main course does not exceed maximum length of permission to stay that you can be given as a Tier 4 (Child) student.

337. All other Tier 4 students wishing to do a course before their main course must make a separate Tier 4 application for each course. Both courses must satisfy the full criteria of Tier

4, including the English language testing requirements (where they apply) and the minimum course level.

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Can I do extra studies whilst in the UK?

338. You are allowed to do a supplementary course, for example, an evening class, as well as your main course of study. This supplementary course can be in any subject, and does not have to relate to your main course of study. You do not need permission from us to undertake a supplementary course and you are not required to tell your Tier 4 sponsor. However, you must make sure that your supplementary course does not in any way hinder your progress on your main course of studies.

Date: 2016-03-03; view: 841