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| Fri, 22/8/2008 | ||
A student visa is an ideal visa for a person who wants to further his/her academic studies, whilst at the same time being able to travel and take up part-time work in the United Kingdom. Breytenbachs' assistance will take all the stress and uncertainty out of the application process. Whether you are inside or outside the UK when applying, our solicitors and highly trained staff will be there to help every step of the way.
How do I qualify for this kind of visa/permit?
You must be accepted for a course of study at an educational establishment that is on the UK's Department for Education and Skills (DfES) Register for Education and Training Providers.
You must also be able to prove that you are going to follow a recognised full-time degree course, or a course run during the week that involves at least 15 hours of organised daytime study per week or a full-time course at an independent fee-paying school. This proof is usually in the form of an enrolment letter from the relevant educational institution.
You must be able to pay for your course.
You must be able to support and accommodate yourself and any dependants without using public funds.
You must plan to leave the United Kingdom on completion of your studies.
How do I apply and do I need entry clearance?
If you are in your home country, Breytenbachs will prepare your student entry clearance application, which will be submitted at the British High Commission in your home country and you would normally be required to attend an interview. You will thus obtain entry clearance if your application is successful.
People in the UK who are making final arrangements for their study in the UK, i.e. prospective students, will from 1 September 20007 have to obtain entry clearance for this purpose.
Only the following categories of persons will be allowed to switch to a student visa from within the UK from 1 September 2007;
All others have to submit an out-of-country application. Breytenbachs can assist with all applications.
Some Rules and Restrictions on Holder of a UK Student Visa:
The visa will be granted for the length of your study in the UK.
You have to attend at least 15 hours of organised daytime study per week at your relevant academic institution. If you do not fulfil this criteria, you will not be able to extend your visa for further studies.
During term-time you may not work more than 20 hours per week, except where the placement meets the definition of an internship.
During vacation periods, you are allowed to work full-time.
As a student you are not allowed to engage in business, self-employment or the provision of services as a professional sportsperson or entertainer.
You have no recourse to public funds.
You are allowed to apply for a dependency visa for your husband/wife/civil partner and children under the age of 18 who wishes to accompany you to the UK. Dependants may work only if the student visa has been granted for 12 months or more.
Graduating students can switch into work permit employment within the UK, without having to return to their home country. This rule is valid for graduate students, student nurses and postgraduate doctors and dentists. Strict rules apply in this regard.
The maximum time individuals are allowed to spend in the UK on successive short courses below degree level is two years.
The rules pertaining to persons intending to study in the UK for less than 6 months are ;
Persons with visitor visas will not be allowed to study in the UK.
You will have to get entry clearance before travelling to the UK as a ‘student visitor’.
You are not allowed to work on this status
You cannot extend your studies beyond six months, if you wish to do so you need to do an out-of-country entry clearance application.
Children under 18 will not be included in this category. Those who enter the UK on a child visitor visa will be able to take a short course of study at a registered institution.
Short-term students who are here for six months or less are not entitled to the free medical treatment in the UK.
International Graduate Scheme
The International Graduate Scheme is a very exciting scheme, announced by the UK Home Office earlier this year. This scheme came into operation on 1 May 2007 and allows non-EEA students who successfully complete and obtain a degree, Master’s degree, PhD or postgraduate certificate or diploma in the UK, to work in the UK without restrictions, for up to one year, upon completion of their studies.
You will be able to qualify for the scheme if you have completed your studies on or after 1 May 2007 at a listed or recognised UK further or higher education establishment.
If you want to continue working in the UK after the twelve months on the International Graduate Scheme, you will have to switch to one of the employment or self-employment categories, provided that you meet the relevant requirements.
Does a student visa lead to indefinite leave to remain?
No, a student visa does not lead to indefinite leave to remain, unless you study in the UK for a continuous period of ten years, at which time you can apply for indefinite leave to remain under the discretionary 'ten year' rule.
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