Proposed changes to student rules, Post Study Work graduates & their dependants.-UK

The government announced consultation on proposals for changes on the student visa. The intention of the proposal was to build on recent changes to the points-based system to make it more transparent and flexible. The consultation has already started and is due to close on 31st January 2011. The findings and changes will be announced thereafter. The changes will affect students, those on Post Study Work and their dependants.

The proposed changes as follows.
Ø Minimum level of course & Type of sponsor
Currently only Highly trusted institutions are allowed to offer courses below NQF level 3. All other sponsors are allowed to offer courses from level 4 to degree level. Under the new proposals, all courses below level 6 (degree level) will only be offered by Highly Trusted Institution. However, all courses above level 6 can be offered by other institutions.

Ø English Language requirements
Since August 2010, all Tier 4 (General) students wishing to undertake a course of studybelow degree level (excluding English language students) have had to pass a secure English language test to demonstrate proficiency at level B1 on the Common European Framework of Reference for languages (CEFR), an intermediate level of language competency. They have to demonstrate competence at B1 level in reading, writing, speaking and listening. With the new proposals, all courses will require students to undertake the English test to minimum B2 level.

Ø Extension of leave in the UK
Currently students can extend their leave in the UK. However with the new proposal, Students will not be able t extend their leave in the UK. They must return home and apply for entry overseas when they finish their course and they must demonstrate intention to study at a higher level on return.

Ø Post Study work.
The post study work will be closed however students will be able to switch to tier 2 if they have job offer. Students on these programmes should start looking for jobs that fall under the Tier 2 and switch immediately as they may not be able to switch back to student visa when they new student rules are introduced. It’s important for students on PSW to consider switching early as the labour test rules do not apply. However to be able to switch they must have a certificate of sponsorship from a licensed sponsor.

Ø Permission to work
Currently students on degree levels and above are allowed to work 20 hrs term time and 40 hours during vacations. Those on courses below degree levels are allowed to work 10 hours term time. The new proposal will only allow student to work on campus during week days and during week ends they can work as many hours as they wish and also during the vacations they can work as many hours as they wish. Those on study to work will be on a 66:33 ratio.

Ø Dependants & working requirements
Currently dependants of students studying below NQF level 6 are limited to work whilst those above level 6 are allowed to work in the UK. Additionally only students studying for more than 12mnths courses are allowed to come to the UK. Under the proposals, Students will only be able to bring their dependant to UK if their courses are for are more than 12 months. However the dependants will no longer be allowed to work unless they can be able to switch to tier 1 or 2 in their own rights.

Ø Documentary evidence for Qualification and Maintenance requirement
Currently students have to prove that they have sufficient funds to maintain themselves without seeking recourse to public funds using their bank statements for a specific period of time. They are also required to provide their certificates to confirm their progress and/or previous qualifications. Under the proposed changes, Lower risk students can self-declare that they can meet the maintenance requirement & hold specified qualifications. However higher risk students must provide original documents as now to demonstrate maintenance & previous qualifications. To differentiate the two classes High & Low risk, it’s proposed that this should be according to sponsor rating.

NB:
The proposals are still on going and the closing date for the responses is 31st January 2011. The response and final decisions are intended to be announced as soon as possible thereafter these dates.
Its important that students and those on PSW take action and prepare for the new changes and the impact on their current status especially those studying courses below degree level in institutions that are rated below Highly trusted and/or those whose visas are about to expire but they have not finished their courses as they may be required to leave the UK and apply from outside the UK. Where this is the case, the students must note that from outside the UK entry clearance will only be given to courses above degree level.

The changes will also have an effect on those on PSW if they do not prepare to switch to Tier 2 as soon as possible before their leave expire as they may not be able to switch to Tier 4 at the end of their leave should the proposal for the new changes be approved and effected.

Also those with dependants in the UK should note the proposed changes to working requirements that dependants need qualify in their own rights under Tier 1 & 2 to be able to work in the UK.

source:
Director Of Communication.

CCM Branch -Reading ,Berkshire .United Kingdom
Telephone No:+447876126862