Appeal and Administrative Review Rights - applications from inside

the UK ........................................................................................................... 60

Applications for permission to stay made before 20 October 2014 ....... 60

Administrative review - applications for entry clearance only................ 60

Annex 1: Glossary of Terms ....................................................................... 60

Annex 2: Tier 4 Sponsor Duties and Licence Status ............................... 63

Annex 3: Verification and other Checks.................................................... 69

Annex 4: Administrative Review - Entry clearance applications only.... 72

Annex 5 (How much money must I show that I have?)............................ 76

Annex 6 List of Acceptable Post-Graduate Research Qualifications............. 78

Annex 7 Addendum ..................................................................................... 79

INTRODUCTION

1. This document provides policy guidance if you are a student coming to the UK under Tier 4 of the points based system, and should be read with paragraphs 245ZT to 245ZZD of the Immigration Rules (these can be found on our Home Office pages.It is correct at the time of publication but some sections may change, so you should always check that you have the right version

2. Whether you are making an application from either inside the UK (leave to remain) or outside the UK (Entry Clearance)

3. A full glossary of terms used in this guidance can be found at Annex 1.

The table below sets out the paragraphs we have added, updated or moved since the last version of this guidance published on 24 October 2014, and gives a brief description of

what has changed. Other paragraphs may have changed number from the 24 October 2014 version but the text and position in the guidance remains the same.

Current paragraph number	Previous paragraph number	What has changed?
		Paragraph added to confirm entry clearance granted for a PhD course is exempt from the 5 year maximum study period.
		Amendment made to clarify the 8 year maximum study period.
		Amendment made to confirm when you require a new ATAS certificate.
218(a)	N/A	Paragraph entered to confirm an English language course cannot be offered to child
302(iii)	302(iii)	Amendment made to confirm a child’s carer must be settled in the UK.
327(a)	N/A	Paragraph added to confirm you are not allowed to work if you choose to leave your course before it’s completion date.
Annex 6	Annex 6	Paragraph included to confirm a Research Masters Degree is not a sufficient qualification to apply for leave under the doctorate extension scheme.

Tier 4 Policy Guidance version 11/2014 page 1 of 81

KEY PRINCIPLES

5. There are two student categories under Tier 4 of the points-based system:

o Tier 4 (General) student – This category is for students coming to the UK for post-16 education. A Tier 4 (General) student must be at least 16 years old.

o Tier 4 (Child) student – This category is for children between 4 and 17 years old coming to the UK for their education. Children between 4 and 15 years old can only be educated at independent fee paying schools.

6. You must meet the full requirements of the Immigration Rules and have 40 points in total as shown in the table below:

Points required: 40
You must have a valid Confirmation of Acceptance for Studies from a fully licensed Tier 4 sponsor.	30 points
You must have enough money to cover course fees and monthly living costs (also known as maintenance or funds)	10 points

7. Your application under Tier 4 can be refused under the general grounds for refusal listed in the Immigration Rules. This means that even if you meet the requirements of the category you are applying under, there may be other reasons why we will refuse your application. For example, this could be because of your previous immigration history. Further information about general grounds for refusal can be found on our Home Office pages

8. All students making a Tier 4 application will have to submit their biometrics details and information. An application can only be assessed and processed once these have been received.

What do we mean by ‘Date of Application’?

9. 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.

10. 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

Tier 4 Policy Guidance version 11/2014 page 2 of 81

payment receipt, which depends on how you paid for your visa application, for example, at a

British Diplomatic Post, visa application centre or online.

11. 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.

Date: 2016-03-03; view: 631

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