Guidance

Student and Child Student (accessible)

Updated 4 April 2024

Version 6.0

Published for Home Office staff on 4 April 2024.

About this guidance

This guidance tells caseworkers how to consider applications from people who wish to enter or remain in the UK to study under the Student or Child Student routes of the Points-based System.

This guidance is based on Appendix Student, Appendix Child Student, Appendix English Language, Appendix Finance and Appendix ATAS of the Immigration Rules. Paragraph 6 of the Immigration Rules contains a list of defined terms in the rules.

Contacts

If caseworkers have any questions about the guidance and their line manager or senior caseworker cannot help them, or if they think that the guidance has factual errors, then email the Student Migration Policy team.

If caseworkers notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then they can email the Guidance Rules and Forms team.

Publication

Below is information on when this version of the guidance was published:

• version 6.0
• published for Home Office staff on 4 April 2024

Changes from last version of this guidance

The guidance has been updated as follows:

• expanded on the ‘when student dependants are permitted’ section following amendment to ST 31 of the Immigration Rules

• corrected SCQF level wording for research courses

• minor formatting changes

Validity for entry clearance and permission to stay applications

This page tells caseworkers where to find the validity requirements that an applicant must meet when they apply for entry clearance or permission to stay as a Student, a Child Student or a dependant of a Student.

Before considering any application, the caseworker must check the application is valid by referring to:

• the validity requirements for the Student route, contained in Appendix Student ST 1.1 to 1.5

• the validity requirements for the Child Student route, contained in Appendix Child Student CS 1.1 to 1.5

• the validity requirements for dependants of a Student, contained in Appendix Student ST 28.1 to 28.4

The caseworker must conduct verification checks if they have any doubts about whether the supporting documents an applicant has submitted are genuine.

If an applicant has previously had official financial sponsorship from a government or international sponsorship agency, covering both course fees and living costs, it is a validation requirement that they must obtain consent from the financial sponsor to a further application for permission to study in the UK as a Student being made within 12 months of completing that course, or within 12 months of the award of that scholarship if the application is under Child Student. If it is unclear whether a scholarship meets the threshold for requiring consent for future extensions of permission the caseworker may wish to review conditions of the sponsorship/scholarship.

Representatives

If an applicant has a UK based representative, the caseworker must check that the representative is approved to provide immigration advice with either:

• the Office of the Immigration Services Commissioner (OISC)

• one of the following designated authorities:

  • the Law Society

  • the Law Society of Scotland

  • the Law Society of Northern Ireland

• the General Council of the Bar

Requesting more information

If the caseworker is in need of more information, or the clarification of certain details, to be able to consider granting an application, then they should refer to the Evidential Flexibility guidance.

Translating documents

If the documents provided are not in English or Welsh, the applicant must provide a certified translation.

Switching

This page tells caseworkers when an applicant can switch into the Student or Child Student routes of the points-based system.

Switching into Student

An applicant who is in the UK and applying to switch into the Student route is unable to do so if they have, or have last been granted, permission on any of the routes listed in Appendix Student ST 1.4.

If an applicant has been granted outside the Immigration Rules, for the explicit purpose of finding a new student sponsor, they are able to exceptionally switch into the Student route. This applies to applicants who have been granted outside the Immigration Rules who have been cleared of cheating on a TOEIC English language test.

There may be other reasons that someone granted permission outside of the Immigration Rules should be allowed to switch into the Student route, and this should be considered on a case by case basis.

Any applicant who makes a valid application and is in the UK on the basis of immigration bail documentation should be refused under the suitability requirement.

Switching into Child Student

An applicant who is in the UK and applying to switch into the Child Student route is unable to do so if they have, or have last been granted, permission on any of the routes listed in Appendix Child Student CS 1.5.

An applicant who is applying to switch into the Child Student route must be below 18 years of age.

An applicant who is in the UK on the basis of immigration bail documentation cannot switch into the Child Student route.

Dependants of overseas diplomats

The Home Office sometimes receives applications from foreign embassies to exceptionally allow dependants of overseas diplomats to switch into the Student or Child Student routes. These applicants should be allowed to switch by the caseworker.

Student: overstayers

This page tells caseworkers what they must check when deciding on applications if an applicant has overstayed. This applies to Student applications, including extensions and switching.

Before considering any Student application, the caseworker must check the applicant is not in breach of immigration laws, except for periods of overstaying which can be disregarded under the Immigration Rules.

The caseworker should not take into account any breaches of the Immigration Rules whilst the applicant was under the age of 18.

Full guidance on overstaying is available.

Eligibility for entry clearance and permission to stay

This page tells caseworkers the requirements an applicant must meet to be granted either entry clearance or permission to stay as a Student or Child Student.

The requirements for granting entry clearance or permission to stay can be found in:

• the eligibility requirements for the Student route, contained in Appendix Student ST 3.1 to 23.1

• the eligibility requirements for the Child Student route, contained in Appendix Child Student CS 3.1 to 13.1

TB certificate

Where an applicant is applying under the Student or Child Student routes, they will need to provide a valid TB certificate with their application if they have been residing within a country listed in Appendix Tuberculosis (TB) of the Immigration Rules for the 6 months immediately preceding the application. This only applies to entry clearance applications.

If a Student or Child Student has not supplied a valid TB test certificate when they are required to do so, the application should be refused under Appendix Student ST 3.2 if the applicant is a Student or Appendix Child Student CS 3.2 if the applicant is a Child Student.

Further information regarding which applicants are required to obtain a TB certificate before applying and the valid test centres can be found at https://www.gov.uk/tb-test-visa.

Genuine student rule

This page tells caseworkers how to assess whether an applicant on the Student route, or an applicant on the Child Student route who is 16 or 17 year old, is a genuine student.

Entry clearance and permission to stay applications

For an applicant to qualify as a Student, or as a Child Student who is 16 or 17 years old, the caseworker must be satisfied on the balance of probability that the applicant is a genuine student.

To assess an applicant’s credibility, the caseworker must consider all of the information provided in the application and, if applicable, in the credibility interview.

The caseworker must not refuse an applicant on genuineness grounds without interviewing them, unless:

• the application has been refused previously on genuine student grounds, there have been no changes to the material circumstances, or no new evidence has been provided

• there have been a significant number of identical or very similar applications, and the caseworker has interviewed a sample of these applicants and is satisfied that they are not genuine and the facts of the case mean that the applicant would not be able to refute the allegation of lacking credibility

If, having reviewed the application – including information obtained during the interview – the caseworker is not satisfied on the balance of probability that the applicant is genuine, the application must be refused under the appropriate paragraph of the Immigration Rules. This is paragraph ST.5.1 of Appendix Student for Student applications, or paragraph CS.5.1 of Appendix Child Student for Child Student applications where the applicant is aged 16 or over.

If the caseworker refuses an applicant on credibility grounds, they must clearly set out their allegations, reasoning and argument that form the basis for their decision. If a statement made by an applicant is interpretable in different ways, then the caseworker must provide a justification for which way they have interpreted the information.

The English language ability of an applicant can be used as a relevant factor in assessing credibility, however, the caseworker must clearly provide a justification in any refusal letter.

Credibility: factors to be considered

This section lists factors that caseworkers must consider when assessing whether an applicant is a genuine student. This is not an exhaustive checklist of factors, and not all will be appropriate in every case. Caseworkers must also take into account other issues that arise in particular cases.

The immigration history of the applicant and any dependant, in the UK and other countries

Examples include:

• previous visa applications for the UK and other countries, including reasons for any visa refusals

• the amount of time the applicant has spent in the UK or other countries on previous visas, and for what purpose

• whether the applicant has complied with the terms of previous visas for the UK and other countries

The applicant’s education history, study and post-study plans

Examples include:

• the amount of time that has elapsed since the applicant last studied, and whether the applicant has sound reasons for returning to, or commencing, formal study of this subject, particularly after any significant gap

• whether the applicant demonstrates sufficient commitment to the course

• whether the course represents academic progression

• the credibility of the applicant’s rationale for, knowledge of, and research into the proposed course of study and the sponsoring institution

• the credibility of the applicant’s rationale for, knowledge of, and research into living arrangements in the UK

• how the circumstances of any dependant may affect the ability or motivation of the applicant to study

• the relevance of the course to post-study plans in the UK or overseas

• whether the applicant intends to comply with the terms of their permission, including the requirement to leave the UK when their permission comes to an end (or, where lawful and appropriate, to apply to extend their permission under the Student route or to switch to another immigration route)

The caseworker must not refuse an applicant based on an applicant’s knowledge of the location where they will be studying, for example, if the applicant has a lack of knowledge of bus routes, or of the geography of the town or city.

The personal and financial circumstances of the applicant and any dependant

Examples include:

• the economic circumstances of the applicant and any dependant

• whether the applicant has a credible source of funds to meet course fees, and living costs – both for themselves and any dependants – for the duration of the course in the UK, in cases where they would have a limited, or no, ability to work in the UK

• how the applicant was able to acquire the necessary funds for course fees, as well as accommodation and living expenses in the UK for themselves and any dependant

• the distance between the applicant’s place of study and their proposed accommodation in the UK

• the average monthly expenditure for the applicant and any dependant in the UK

• the applicant’s personal circumstances, where these might make it difficult to complete a course of study

The caseworker must take account of the fact that the applicant will need to make a considerable investment to gain a qualification from the UK.

The qualification, course provider and agents

Examples include:

• if the applicant is applying to study at an institution that is under investigation or has been identified by the Home Office as an institution of concern in relation to immigration compliance

• where the application is being managed by an agent about whom the Home Office has concerns

English language ability

If the caseworker has concerns over the applicants English language ability potentially falling short of the required level they should consider this when assessing the genuine student requirement.

Role of dependants

The caseworker must consider carefully whether they are satisfied that the applicant is a genuine student where a main reason for the application is the employment, education, or health care benefits for any accompanying dependants.

Pull factors

Pull factors are known to influence students’ choice of the UK as a study destination. They can give an indication of an applicant’s motivation for coming to the UK, and whether the applicant is a genuine student.

Examples include:

• if the applicant chose the UK because of the reputation of its academic and education institutions compared to those of other countries

• if the ease of working during or after the course of study was a deciding factor

Commencing a course remotely

Throughout the Covid-19 pandemic, institutions have been permitted to provide tuition remotely via distance learning. Distance learning is permitted throughout the 2020/21 academic year. Students who have commenced a course remotely from overseas who have engaged with the course and are progressing on the course should have this taken into account when caseworkers are considering a student’s credibility.

Interviews

This page tells caseworkers how to arrange an interview for a Student or a Child Student who is aged 16 or 17.

The caseworker must ensure that the use of the genuine student rule (GSR) for 16 and 17 year old applicants is proportionate and targeted to instances where there is evidence of risk.

For in-country applications, the caseworker must complete an interview referral, authorised by their manager, and forward this to the interview administration team who will schedule an interview date and time.

Once an interview slot is allocated, the interview team will send a letter to invite the applicant to attend.

For out-of-country applications, Entry Clearance Officers (ECOs) must refer to an Entry Clearance Manager (ECM) to authorise the interview. In authorising a decision to consider the genuine student rule, the ECM must take account of risk factors.

Interviews may be arranged and conducted in a variety of ways, which will be affected by the location and availability of the applicant. These may include:

• a telephone interview where the caseworker must contact the applicant by phone, and ask them if they are able to answer questions about their application (if the applicant confirms that they are happy to continue, then the interview can be conducted)

• contacting the applicant by email or telephone to arrange an interview at a designated time and location

Where an applicant fails to undertake an interview without a reasonable explanation as to why they are unable to do so, the caseworker must consider whether to refuse the application on general grounds for refusal related to the failure to attend the interview (paragraph 9.9.1(a) for entry clearance applications or permission to stay applications).

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The interview can only be rearranged if an applicant gives adequate reasons as to why they cannot attend the interview, and the interview team are reasonably satisfied with these reasons.

Failure to attend

If the interviewer confirms that the applicant failed to attend an interview with no reason given, or an unacceptable reason given, then the caseworker must refuse the application.

After completion of the interview: applicant is a genuine student

In-country applications

If the interviewer concludes that the applicant appears credible at interview, the application will be processed by a caseworker. When passed to the caseworker, they must note the details on caseworking systems and complete the consideration stage.

If at the consideration stage, the caseworker has reasons to believe that the applicant is not genuine, then the caseworker must escalate the application to a senior caseworker to be considered as a refusal.

Out-of-country applications

If at the consideration stage, the caseworker is satisfied that the applicant appears credible at interview, and the other requirements of the Student route have been met, then the caseworker must grant the application, confirming on caseworking systems that an interview has been conducted.

If at the consideration stage, the caseworker is not satisfied that the applicant is genuine, then the caseworker must refuse the application, confirming on caseworking systems that an interview has been conducted.

After completion of the interview: applicant is not a genuine student

For in-country applications, if the interviewer concludes that the applicant is not credible, the case will be passed to the caseworker to assess the application. The caseworker must complete the consideration and take the interview information into account.

In all cases the caseworker must refuse the application if they are not satisfied on the balance of probability that the applicant is a genuine student.

If the caseworker refuses the application, they must make sure that the refusal letter covers any information obtained at interview, fully explain the reasons for the refusal decision, and include any concerns raised as part of the caseworking process.

Refusals on this basis are subjective, and a detailed refusal letter must support any decision. The refusal letter must accurately reflect the transcript or transcripts of the interview or interviews. As this documentation will be important in the case of any administrative review, the caseworker must explain and set out the reasons for refusal in a clear and full manner.

Abuse

If at any time the applicant admitted – at interview or otherwise – that they provided fraudulent information as part of the application process, the caseworker must refuse the application under paragraph 9.7.1 or 9.7.2 of part 9 of the immigration rules.

If these circumstances arise for an in-country application, then the caseworker must pass the application to senior caseworker to quality check.

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Confirmation of Acceptance for Studies (CAS)

This page tells caseworkers about the CAS, and how to check whether it is valid.

Mandatory information shown on the CAS is used to determine whether or not a Student or Child Student meets the requirements of the route they apply under. It also determines an applicant’s work rights and ability to bring dependants to the UK with them if they are granted permission. Full details of the information that a CAS must show can be found at Appendix Student ST 23.1.

A CAS is a virtual document (similar to a database record) which is assigned by the licensed student sponsor. It is an official offer of a place on a course of study.

Licensed student sponsors use a secure IT system called the sponsorship management system (SMS) to assign a CAS.

Each CAS has a unique reference number which links it to the CAS checking service that contains information about the applicant’s:

• personal details

• sponsor

• course of study

• finances

• academic and English language ability (documents or information that the sponsor used to assess academic and English language ability)

The caseworker must check whether the CAS submitted with an application is valid. The applicant must submit a CAS with their application.

If the applicant makes an application using a CAS that is invalid, the caseworker must refuse the application.

CAS which were assigned before 09:00 on 05 October 2020 can be used in applications for the Student or Child Student routes, provided that the date of application is within 6 months of the CAS being assigned.

If an unexpired CAS issued before 09:00 on 05 October 2020 is used in an application after that point and the sponsor has self-assessed the English language ability of the applicant, where they are able to do so, as meeting the required level, the caseworker should accept this without needing the method used to assess the applicant to be recorded on the CAS.

Check the validity of the CAS reference number

The CAS number supplied must:

• be in the correct CAS number format, and listed in the CAS checking service database

• link to a CAS checking service entry that names the applicant as the migrant

• confirm that the sponsor is sponsoring the applicant in the Student or Child Student route that the applicant has applied for

• not have been withdrawn or cancelled by the sponsor or the Home Office since it was issued

Check the information on the CAS

The CAS must:

• contain the mandatory information specified in Appendix Student ST 23.1

• be issued no more than 6 months before the date of application, if a CAS has been issued more than 6 months before the date of application it will not meet the validity requirement at Appendix Student ST 1.2 and the caseworker must consider whether to reject the case

• be issued by an institution that holds a Student or Child Student sponsor licence, and is still on the Register of Student Sponsors on the date of the decision

• not have been used in a previous application for entry clearance or permission to stay, unless it has been used in a previous application where the application was rejected as invalid or withdrawn, or declared void (the CAS cannot have been used in a previous application that was either granted or refused)

*be issued for a course of study, or issued for a full-time, salaried, elected executive position as a Student Union Sabbatical Officer where the applicant will be part-way through their studies, or is being sponsored to fill the position in the academic year immediately after their graduation

• not have had its offer withdrawn by the sponsor since the CAS was issued

• state whether the course of study is a PhD or other doctoral qualification, or a research-based higher degree or not - this will be done via the Academic Course Level field as follows:

  • RQF_7 / SCQF_11 will denote a ‘taught’ course
  • RQF_7_Research / SCQF_11_will denote a Research course
  • RQF_8 / SCQF_12 will denote a ‘taught’ course
  • RQF_8_Research / SCQF_12_will denote a Research course

Retrospective course start dates

Sponsors can issue a CAS for a course which has already started; however, the sponsorship management system does not allow sponsors to enter a date that has already passed into the ‘course start date’ field on a CAS.

If the course start date has passed before a CAS is assigned, sponsors must enter in the ‘course start date’ field:

• the date that the CAS is created if the applicant is starting their course late, and note the actual course start date in the ‘sponsor note’ section

• the date that the CAS is created if the applicant – after completing a study abroad programme or work placement – is applying for further permission to stay to complete their course, and note the actual course start date (the date the change of course commenced) in the ‘sponsor note’ field

• the date that the change of course is expected to commence if the applicant is changing course (for example, if they are moving from the lower level to the higher level of an integrated Masters course, or if they are adding a study abroad programme or work placement to their course)

• the date from which the applicant requires their next period of permission to start if they are being sponsored to extend their permission so as to continue studying the same course (for example, an applicant may require their next period of permission to start the day after their current permission expires so as to continue studying the same course)

• the date from which the applicant requires their next period of permission to start if they are planning to return to the UK to recommence a course, and are applying for entry clearance to complete this same course (please note, the sponsor must record the original course start date in the ‘sponsor note’ section)

• any date in the future which is before the course end date if the applicant is applying for the Doctorate Extension Scheme

Further guidance on how to interpret the start date is detailed within the Creating a CAS: guide for education sponsors guidance.

Sponsors may occasionally record the course start date incorrectly or omit the sponsor note. Indicators that the actual course start date may not be the one given in the ‘course start date’ field include when the date in that field is:

• after the applicant’s permission has expired (for example the permission is due to end 31/03/20 and the course start date is given as 01/04/20)

• later than that recorded on the application form or other information submitted with the application

The caseworker must always check the ‘sponsor note’ field on a CAS in case a different course start date has been recorded there. It is important for the caseworker to identify the actual course start date to ensure that the wrong period of permission is not granted, or that an application is refused incorrectly, on the assessment that:

• the course starts more than one month after the applicant’s permission expires, where the application has been made in time

• the application is made more than 6 months before the start date of the course as stated on the CAS if applying for entry clearance, or 3 months before the start date if applying for permission to stay

Where the actual course start date is not clear from the information recorded in the ‘course start date’ or ‘sponsor note’ fields on a CAS, the caseworker must check whether the correct start date is recorded elsewhere, for example, this may be found on the application form, or in a covering letter (if one was submitted).

If the caseworker cannot identify the correct course start date from the information provided, they must contact the sponsor to request this information.

Documents required to check the CAS

Unless the applicant is applying under the differentiation arrangements or their licensed Student sponsor is a higher education provider (HEP) with a track record of compliance, they must provide all the documents that the sponsor used to assign the CAS, these will be listed on the CAS checking system. It is the applicant’s responsibility to supply these documents.

Recording the CAS as used

To record a CAS as used, the caseworker must:

• select it from the list

• click the ‘mark as used’ box

• input the application reference number

• enter the date of the application

The caseworker must not mark a CAS as used if the application had been rejected as invalid, withdrawn, or declared void.

Expired CAS

If the CAS checking system shows that a CAS has expired, the caseworker may still use this CAS to consider an application by marking it as ‘used’, providing that the CAS:

• has not expired on or before the date of application

• meets the other requirements of the Appendix Student ST 7 of the Immigration Rules

Marking associated CAS as obsolete

An associated CAS record is a CAS that was assigned to the applicant by a licensed Student sponsor but was not used in an application. Once the caseworker marks the CAS that was actually used in the application as ‘used’, they will have the option of marking all associated CAS records as ‘obsolete’.

If the caseworker saves an associated CAS record without marking it as ‘obsolete’, they cannot retrieve it later. If this happens, the caseworker must ask their senior caseworker to re-instate the associated CAS so that they can then mark it as ‘obsolete’. The caseworker must only mark an associated CAS as ‘obsolete’ if it covers the same period of permission as the CAS actually used in the application. Once the ‘next’ button has been clicked, and the obsolete CAS has been selected, the caseworker can click the ‘confirm as used’ button.

Licensed student sponsors

This page tells caseworkers about licenced student sponsors for applicants on the Student and Child Student routes.

All educational establishments that wish to sponsor international students must have a student sponsor licence.

To check that a sponsor still has a student sponsor licence, see the Student sponsor register.

The type of institution, and the status of the institution’s licence, can affect an application under the Student route or Child Student route and the permission that is granted.

Zero Confirmation of Acceptance for Studies (CAS) allocated sponsors

A sponsor that holds student sponsor status but does not apply in time or does not pass an Educational Oversight inspection, or a statutory education inspection, will have its CAS allocation set to zero and therefore cannot sponsor any further students until it regains Educational Oversight and is given a new CAS allocation.

Student sponsorship duties

Student sponsors have a range of sponsorship duties which they must fulfil; these include record keeping and reporting duties. For example, a student sponsor must keep a copy of the student’s:

• passport

• biometric residence permit (BRP) or digital status

• UK immigration status document (the student must keep the original)

• contact details

Further details of the record-keeping duties of a sponsor can be found inAppendix D: keeping documents- guidance for sponsors.

A student sponsor must report to the Home Office if:

• a student fails to enrol on their course within the enrolment period

• the institution is not a higher education provider and a sponsored student misses 10 consecutive contact points and an exception does not apply (see student sponsor guidance for further details)

• the institution is a higher education provider and a sponsored student fails to academically engage with the course after meeting one of the indicators set out in the academic engagement policy, and does not re-engage after intervention by the sponsor (see student sponsor guidance for further details)

• the student sponsor ceases to be the student’s sponsor for any reason (for example, if the student moves in to an immigration category that does not need a student sponsor)

• there are any significant changes in the student’s circumstances (for example, if the length of a course of study is shortened, or if the student sponsor suspects the student of breaking any conditions of their permission to stay)

Student sponsor subject to UKVI sanctions, under investigation, licence revoked, surrendered or expired

This page tells caseworkers how to deal with applications for entry clearance or permission to stay where a student sponsor:

• has been removed from the register of student sponsors pending investigation

• has had their licence revoked, has surrendered their licence or the licence has expired

Sponsor has been removed from the register of student sponsors pending investigation

When considering an application, the caseworker will follow the steps below where:

• the sponsor has been removed from the register of student sponsors pending investigation

• the application is to study a pre-sessional course with a partner institution which has been removed from the register of student sponsors

Student’s position and action to take

Student has extant permission and no application pending

No action required by the caseworker. The student is not affected while they have valid permission.

Student has submitted an entry clearance application

The caseworker will consider the application, including whether to refer for a credibility interview, and:

• where the application does not meet the requirements, refuse the application

• where the application meets the requirements, put the application on hold pending the decision in relation to the sponsor’s licence - then:

  • if the sponsor’s licence is then revoked, refuse the application

  • if the sponsor’s licence is then re-instated, decide the application as normal

Student has submitted a permission to stay application

The caseworker will consider the application, including whether to refer for a credibility interview, and:

• where the application does not meet the requirements, refuse the application

• where the application meets the requirements, put the application on hold. The caseworker may wish to perform further checks on the student’s application whilst it is pending, if required to establish that the student does meet the all requirements (for example that they are not complicit in any sponsor compliance issue and are a genuine student) and could ask the student to submit further documentation or attend an interview - then:

  • if the sponsor’s licence is reinstated, decide the application as normal

  • if the sponsor’s licence is revoked, follow the process set out below for cases where a sponsor has had their licence revoked and the Student has submitted a permission to stay application

Sponsor has had their licence revoked, or the licence has surrendered or expired

When considering an application, follow the steps below where:

• the period given for representations against a revocation decision has ended, and is has been confirmed that the licence has been revoked

• the application is to study a pre-sessional course with a partner institution which has been removed from the register of student sponsors

Student’s position and action to take

Student has extant permission and no application pending

If the curtailment caseworker believes that a student has not been a genuine student at their institution, or that the student participated in the practices that contributed to the sponsor’s licence being revoked, they must immediately curtail the student’s permission. The student will then have to leave the UK or face enforced removal.

UKVI Sponsorship must consider whether to allow some or all of the sponsor’s students to continue to be taught by the sponsor for a limited period, if its sponsored students were not complicit in the practices that led to the licence revocation (some examples of complicit behaviour are where the sponsored students enrol with a sponsor, knowing that it will not genuinely teach them or where they are taking advantage of the sponsor’s lack of effective attendance management or academic engagement policies, as applicable, and not attending their studies). If this ‘teach out’ of sponsored students is allowed, no action must be taken against students who are genuinely continuing to study with the former sponsor during the limited period. Further information is available in Document 3 of the Student sponsor Guidance.

If UKVI Sponsorship do not allow some or all of the sponsor’s students to continue to be taught by the sponsor for a limited period, the caseworker must write to the students who are not allowed to continue, curtailing their permission to expire 60 calendar days from the date of their letter on the basis that their sponsor no longer has a licence (unless the student has less than 60 days of permission remaining or there are exceptional reasons to curtail to another date, as set out in the curtailment guidance). During this time, the students may find a new sponsor, and apply for further permission to stay. If such a student does not make an application, they will have to leave the UK, or face enforced removal, when their permission expires.

Student has submitted an entry clearance application

The Confirmation of Acceptance for Studies (CAS) will be invalid on the day the sponsor licence is revoked, surrendered or expires. The caseworker must refuse the application on the basis that it does not meet the requirement to be supported by a valid CAS.

Student has submitted a permission to stay application

The Confirmation of Acceptance for Studies (CAS) will be invalid on the day the sponsor licence is revoked, surrendered or expires. The caseworker must consider the application, including whether to refer for a credibility interview.

The caseworker must delay the refusal of a student’s application if the only ground for refusal is that the student’s CAS has become invalid following the revocation of a sponsor’s licence. The caseworker must give the student 60 days to vary their application, or to leave the UK. To do this, the caseworker must:

• write to the student telling them the date by which they must make a variation application if they intend to do so, and the date by which to provide a new CAS if they intend to vary their application by making a further Student application

• consider the original application on the basis of the evidence which was submitted with it, and any other relevant available evidence or information, if the applicant fails to make a Student variation application and provide a new CAS within the specified 60 calendar day period, or vary their application to a different type

• consider the new application as normal, including considering referring for a credibility interview, if the applicant makes a variation application and provides a new CAS within the specified 60 calendar day period

If the applicant has extant permission, and there are other grounds for refusing the application – including if the caseworker believes that a student is not a genuine student (and therefore does not meet the requirement of the genuine student rule), or that the student participated in the practices that may have contributed to the sponsor’s licence being revoked (and therefore must be considered for refusal on the grounds set out in part 9 of the Immigration Rules, for example using deception or breaching the conditions of their permission, depending on the circumstances of their case) – then they must refuse the application on the basis of the requirements in the Immigration Rules that the applicant fails to meet. The caseworker must also refer the case to the curtailment team so that curtailment can be considered; do this by emailing the curtailment team with the details of the case.

Acceptable levels of study

This page tells caseworkers what level and type of course meets the requirements for an application for permission to study under the Student and Child Student routes.

Student: acceptable levels of study

Unless the course is a pre-sessional course, the course must meet one of the following requirements if the Confirmation of Acceptance for Studies has been assigned by sponsor type noted below:

Type of sponsor and acceptable courses (leading to an approved qualification for Home Office purposes)

Student sponsor

The following courses are acceptable at this sponsor type:

• full-time courses at level 3 or above on the Regulated Qualifications Framework (RQF) in England, Wales and Northern Ireland

• part-time courses at level 7 or above on the RQF in England, Wales and Northern Ireland

• full-time courses at level 6 or above on the Scottish Credit and Qualifications Framework (SCQF)

• part-time courses at level 11 or above on the SCQF

• a short-term study abroad programme in the UK as part of the applicant’s qualification at an overseas higher education institution (HEI), so long as the qualification is confirmed as being of equivalent level to a UK degree by Ecctis (formerly UK NARIC)

• an English language course at level B2 or above of the Common European Framework of reference for languages (CEFR)

• a recognised foundation programme for postgraduate doctors or dentists

• an aviation licence, rating or certificate issued by the UK’s Civil Aviation Authority

Probationary sponsor

The following courses are acceptable at this sponsor type:

• full-time courses at level 4 or above on the Regulated Qualifications Framework (RQF) in England, Wales and Northern Ireland where the applicant is aged 18 or over

• full-time courses at level 3 or above on the RQF where the applicant is under the age of 18

• full-time courses accredited at level 7 or above in the Scottish Credit and Qualifications Framework (SCQF) where the applicant is aged 18 or over

• full-time courses accredited at level 6 or above in the SCQF where the applicant is under the age of 18

• a short-term study abroad programme in the UK as part of the applicant’s qualification at an overseas higher education institution (HEI), as long as the qualification is confirmed as being of equivalent level to a UK degree by Ecctis (formerly UK NARIC)

• an English language course at level B2 or above of the Common European Framework of Reference for languages (CEFR)

• a recognised foundation programme for postgraduate doctors or dentists

• an aviation licence, rating or certificate issued by the UK’s Civil Aviation Authority

The caseworker must check with the Ofqual register or the Scottish Qualifications Authority (SQA) to confirm that a course is approved or accredited.

Child Student: acceptable levels of study

A Child Student can do a course that is either:

• taught in accordance with the national curriculum

• taught in accordance with the Regulated Qualifications Framework (RQF) and must not be a foundation course intended to prepare the applicant for entry to a higher education provider

• accepted as being the same academic level as the national curriculum or the RQF by:

  • Ofsted (England)

  • the Education and Training Inspectorate (Northern Ireland)

  • Education Scotland

  • Estyn (Wales)

• taught in line with existing (also known as prevailing) independent school education inspection standards

A Child Student can also do a pre-sessional course to prepare them for their main course of study by giving them the skills or knowledge necessary to adjust to study in the UK, the main course of study must meet the conditions above.

A Child Student cannot take an English language course if they are under 16 years of age.

A Child Student cannot do a foundation course. A foundation course is a course at RQF level 3 or 4 which prepares students for undergraduate study. It includes undergraduate foundation programmes, university foundation courses, international foundation year courses, and international year one courses (and equivalents).

Student: study abroad programmes

This page tells caseworkers about the requirements for an applicant undertaking a study abroad programme in the UK and overseas.

Study abroad programmes in the UK

An applicant who is studying abroad at an overseas higher education institution (HEI) and wishes to come to the UK as a Student to undertake a short-term study abroad programme is permitted to do this.

The qualification the applicant is studying will need to be validated as the same level as a UK degree or above by Ecctis (formerly UK NARIC). The caseworker must check this has been confirmed on the Confirmation of Acceptance for Studies (CAS).

Students who are studying on a study abroad programme within the UK cannot apply to extend their permission within the UK. A study abroad programme is a non-extendable period within the UK.

Study abroad programmes overseas

A Student is permitted to complete part of their course at a partner institution outside the UK as a study abroad programme. Students who are adding a study abroad programme to the original course of study, will be exempt from meeting the academic progression requirements, enabling them to apply for additional permission from within the UK so that they can complete the original course once they have finished the study abroad programme and returned to the UK. They caseworker must establish that the programme:

• is integral to the course which the student has already started studying in the UK

• will be assessed as part of the course

For the purposes of a study abroad programme, a partner institution is one which enables the licenced Student sponsor to continue fulfilling their sponsorship duties whilst the student is studying overseas, the caseworker does not need to check the sponsor licence register for this type of provider as they would do for a partner institution based in the UK.

If the caseworker has doubts that the study abroad programme meets these requirements, they must make verification checks and refuse the application if these are not confirmed.

A study abroad programme is not available to applicants under the Child Student route.

Student: Student Union Sabbatical Officers

This page tells caseworkers how an applicant will meet requirements for permission as a Student while they are working as a Student Union Sabbatical Officer.

A Student Union Sabbatical Officer post is:

• elected by the members of a students’ union

• full-time

• salaried (with funds coming from the students’ union itself, or directly from the educational institution)

The licensed student sponsor continues to be responsible for the applicant during the period where the applicant is employed as a Student Union Sabbatical Officer. The sponsor duties continue during this period.

Applicants are allowed to take up a post as a Student Union Sabbatical Officer at the institution they are sponsored by. They are also able to be elected to a position with the National Union of Students (NUS).

Sabbatical years are either taken:

• in-between years of study (for example between years 2 and 3 of a typical degree)

• immediately after graduation

If the applicant wants to do the job after they graduate, and their permission to stay as a Student doesn’t cover the period of employment, they must apply again and meet the Student Union Sabbatical Officer requirement.

The requirement that a work placement be no more than 50% of an applicant’s overall course in the UK does not include any period that the applicant is in post as a Student Union Sabbatical Officer.

Student: part-time courses

This page tells caseworkers about the requirements for applicants who apply for permission to take a part-time course.

A course can be defined as part-time by the applicant’s sponsor. To be able to study part-time, an applicant must be studying a course above degree level at a higher education provider (HEP) with a track record of compliance.

The permission granted for part-time study is granted for the entire length of the course.

Students studying part-time have no entitlement to work or bring dependants.

Student: Association of Chartered Certified Accountants (ACCA) courses

This page tells caseworkers about the requirements licensed sponsors must meet to offer places on Association of Chartered Certified Accountants (ACCA) courses.

Sponsors offering ACCA courses must be an ACCA approved learning partner which offers tuition at either ‘gold’ or ‘platinum’ level. The caseworker must confirm this when they are considering an application from an applicant to undertake an ACCA course, (or to seek permission to stay to continue an ACCA course) by checking the data at: Search for a tuition provider.

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Student: flight schools

This page tells caseworkers about assessing the equivalency of qualifications provided by flight schools in order to meet the requirements of the Student route.

The definition of an approved qualification includes aviation licences, ratings and certificates issued by the UK’s Civil Aviation Authority (CAA).

Organisations conducting approved courses of flight and ground training are listed in the CAA Standards Document 31.

The equivalency of the level of courses offered by flight schools is set out in the following table:

Course	Level
Private Pilot Licence (PPL) or Light Aircraft Pilot Licence (LAPL), associated class ratings and theoretical knowledge exams	RQF level 3/ SCQF level 6
Commercial Pilot Licence (CPL) / Instrument Rating (IR) (or Multicrew Pilot Licence (MPL) / IR), associated type ratings and CPL, IR and Airline Transport Pilot Licence (ATPL) theoretical knowledge exams	RQF 4/ SCQF 7
Pilots holding ATPLs proceeding to senior level qualifications such as Type Rating Instruction (TRI) and Type Rating Examiner (TRE)	RQF 5/SCFQ 8

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Student: financial requirement

This page tells caseworkers about the financial requirement that an applicant under the Student route must meet.

To score 10 points for meeting the financial requirement, the applicant must show that they have sufficient funds to pay outstanding course fees for the first academic year and can demonstrate funds to cover their living costs for up to 9 months.

Information on how evidence of funds can be demonstrated can be found in Appendix Finance and the level of funds which an applicant must demonstrate can be found in Appendix Student ST 12.

The following applicants will automatically meet the financial requirement and be awarded 10 points:

• where they are applying for permission to stay in the UK, having been in the UK for at least 12 months with valid permission on the date of application

• where they are applying for permission as a Student Union Sabbatical Officer

• where they are applying for permission to study on a recognised foundation programme as a postgraduate doctor or dentist in training

The applicant must show that they have held the required level of funds for a consecutive 28 day period, unless they are relying on a student loan, an award from a Government or international sponsorship agency, or where they are receiving some portion of the funds or other financial sponsorship from their student sponsor (as a bursary, for example). The 28 day period must end no more than 31 days before the application date.

Differentiation arrangements

Where an applicant qualifies under the differentiation arrangements, they are not usually required to provide evidence they meet the financial requirements. However, applicants should still hold the required level of funds as UKVI reserve the right to request evidence of funds from these applicants. The list of differentiated nationals can be found in Appendix Student ST 22.

Course fees

Applicants applying for a new course from overseas and those who have been in the UK for less than a year must demonstrate that they have enough money to pay the course fees for either:

• one academic year of the course

• the entire course (if it is less than a year long)

Students who are differentiated nationals will generally not be required to demonstrate evidence of course fees. Those students who have held valid permission for 12 months or more at the date of application are not required to demonstrate funds to pay course fees during their application, however all international students are required to pay any course fees to the sponsoring institution.

The amount an applicant will pay for course fees is stated on the Confirmation of Acceptance for Studies (CAS). The CAS will also confirm if there is no fee to pay.

The caseworker must also:

• check for any payment receipts that post-date the CAS and which may have been provided

• query any ambiguities with the applicant or sponsor

If the applicant has paid all or part of their course fees this must be confirmed on the CAS, or the applicant must provide a receipt issued by the sponsor confirming the amount of fees paid.

Living costs

An applicant must show they have enough money to cover their monthly living costs while in the UK. The amount of money they must show depends on:

• whether they are a boarding student

• whether they will be studying in London or outside London

The amount of funds that an applicant must demonstrate are set out in Appendix Student ST 12.

Accommodation deposits

If the applicant has paid a deposit to the student sponsor for accommodation they are providing, this deposit (up to a maximum of £1,334) can be offset against the required funds they need to demonstrate. The amount paid will be taken as that stated on the CAS. A payment can only be offset if the accommodation is provided by the sponsor. Payments made to third parties will not be considered when calculating the amount needed to meet the financial requirement.

Boarding students

To score 10 points for the financial requirement, an applicant who is boarding at an independent school must show they have enough money to pay for school fees (course and board or lodging fees) for one academic year as stated on the CAS. They will not need to provide evidence of additional funds for living costs if they will be staying in on-site accommodation at the boarding school and where all living costs are accounted for in the board/ lodging fees.

On the CAS the sponsor will show:

• how much an applicant needs for their course fees and boarding fees

• whether or not these fees have been paid

Child Student: financial requirement

This page tells caseworkers about the financial requirement that an applicant under the Child Student route must meet.

The funds needed to meet the financial requirement for Child Student applicants depend on whether they are:

• boarding students

• non-boarding students

A non-boarding student is any Child Student who is not being accommodated by their Student sponsor at the residential independent school where they are, or will be, studying.

Information on how evidence of funds can be demonstrated can be found in Appendix Finance and the level of funds which an applicant must demonstrate can be found in Appendix Child Student CS.10.

The applicant must show the required level of funds held for a consecutive 28 day period, unless they are relying on a student loan, an award from a government or international sponsorship agency, or where they are receiving some portion of the funds as other financial sponsorhip from their student sponsor (as a bursary, for example). The 28 day period must end no more than 31 days before the application date.

The applicant must not be financially responsible for anyone else.

Differentiation arrangements

Where an applicant qualifies under the differentiation arrangements, they are not usually required to provide evidence they meet the financial requirements. However, applicants should still hold the required level of funds as UKVI reserve the right to request evidence of funds from these nationals. The list of differentiated nationals can be found in Appendix Child Student CS 13.

Boarding students

To score 10 points for the financial requirement, an applicant who is boarding must show they have enough money to pay for school fees (including course and board or lodging fees) for one academic year.

On the Confirmation of Acceptance for Studies (CAS) the licensed student sponsor will show:

• how much an applicant needs for their course fees and boarding fees

• whether or not these fees have been paid

Non-boarding students

To score 20 points for the financial requirement, an applicant who is not a boarder must show they have enough money to pay for:

• course fees

• living costs

Course fees

Applicants applying for a new course from overseas and those who have been in the UK for less than a year must demonstrate that they have enough money to pay the course fees for either:

• one academic year of the course

• the entire course (if it is less than a year long)

The amount an applicant will pay for course fees is stated by the Student sponsor on the CAS. The CAS will also confirm if there is no fee to pay.

Living costs for non-boarding students

An applicant who is not being accommodated by their licensed student sponsor must have enough money to cover their living costs while they are studying in the UK. The amount the applicant must demonstrate depends on their care arrangements while they are in the UK. Acceptable care arrangements are where the applicant will be:

• living in the UK with a private foster carer who is a British Citizen, or who is settled in the UK, and the foster care arrangement has been approved by the Local Authority

• living with a close relative who is a British citizen or who is settled in the UK - close relatives who hold limited permission will not satisfy the care arrangement requirement

• living with a parent or a legal guardian who will be accompanying them to the UK on a Parent of a Child Student visa - the care arrangements can only be satisfied in this way if the applicant is below 12 years of age on the date of application

• living independently in the UK (applicants aged 16 or 17 years only)

The amount of funds that an applicant must demonstrate are set out in Appendix Child Student CS 10.

Location of study and study that includes part of a month

This section tells caseworkers how to determine whether study is taking place in London or outside of London. Additionally, it provides caseworkers with information on how much funds are required when study includes part of a month.

Main study site in London

Applicants on the Student route who need to show funds and who are not boarding with their sponsor need to show they have more funds available if they are studying in London. Child Students who are living independently also need to show more funds if they are studying in London.

Study location	Monthly living cost requirement
In London	£1,334 per calendar month
Outside London	£1,023 per calendar month

If an applicant will be studying more than half of their course within the City of London or in one of the boroughs listed below, comprising the Greater London Area, they will be required to demonstrate the London financial requirement. Maintenance requirements are calculated on where the applicant is studying rather than where an applicant will be living.

The 32 London boroughs listed below are classed as within the Greater London Area:

• Barking and Dagenham

• Barnet

• Bexley

• Brent

• Bromley

• Camden

• City of Westminster

• Croydon

• Ealing

• Enfield

• Greenwich

• Hackney

• Hammersmith and Fulham

• Haringey

• Harrow

• Havering

• Hillingdon

• Hounslow

• Islington

• Kensington and Chelsea

• Kingston upon Thames

• Lambeth

• Lewisham

• Merton

• Newham

• Redbridge

• Richmond Upon Thames

• Southwark

• Sutton

• Tower Hamlets

• Waltham Forest

• Wandsworth

The caseworker can check if the educational establishment is in a London borough by entering the postcode into the Royal Mail Postcode Finder.

Length of study that includes part of a month

If the course includes part of a month, the course duration will be rounded up to the next full month. For example, if the applicant will be studying for a total of 6 months and 25 days, the caseworker must assess the course length as 7 months.

Evidence of finance

This section tells caseworkers how to assess whether a Student, their dependants or a Child Student has met the financial requirement.

How to meet the financial requirement

Applicants who need to show funds, must show they meet the financial requirement using evidence as set out in Appendix Finance.

Evidence requirements

Appendix Finance guidance sets out where specific evidence must be provided, for example confirmation of a student loan or official financial sponsorship, or proof of relationship where relying on parental funds. The applicant will be asked to provide this evidence as part of the application process.

The caseworker can find out what type of evidence the applicant is relying on by checking the application form.

If the applicant is relying on funds from a third party then the caseworker should check the relationship between the applicant and the third party and if it is unclear, consider contacting the applicant to ask for further information.

Caseworkers should also take a fair and proportionate approach to the assessment of evidence.

Requesting more information

If the caseworker is in need of more information, or the clarification of certain details, to be able to consider granting an application, then they should refer to Evidential Flexibility guidance .

Partially paid course and accommodation fees

This page tells caseworkers how to assess the financial requirement for Student and Child Student applicants when course fees or accommodation fees have been partially paid.

If the applicant can show that they have paid all or some of their course fees before making their application, this amount can be deducted from the total amount of money they will need to show.

If the applicant has fully paid the licensed Student sponsor, the sponsor must include this information in the Confirmation of Acceptance for Studies (CAS).

If the applicant has paid part of their non-boarding accommodation fees before making their application, the caseworker must deduct the amount paid from the total required for living costs, up to a maximum of £1,334. This only applies if the accommodation fee is paid directly to the sponsor (not to a third party accommodation provider), and one of the following applies:

• the applicant is a Student who is staying in university, college or independent school arranged accommodation, except where they are a boarding student at a residential independent school

• the applicant is a Child Student staying in school, or college arranged accommodation, except where they are a boarding student at a residential independent school

If the details of the money that the applicant has already paid are not on the CAS, the applicant must send a receipt – issued by the UK licensed student sponsor – that confirms either that all fees have been paid, or the amount that has been paid so far.

If the applicant is a boarding student at a residential independent school, and fees have been paid directly to the sponsor for course and accommodation, the maximum limit does not apply. Applicants who are boarding need to either have paid course and boarding fees in full, or have sufficient funds to pay any unpaid fees.

Student: English language requirement

This page tells caseworkers about the English language requirement for applicants on the Student route.

Applicants on the Student route must meet a required level of English language ability depending on the level of their course.

The caseworker must check the applicant’s Confirmation of Acceptance for Studies to determine what level of English is required and what assessment was carried out or what evidence has been used to demonstrate that the applicant meets the requirement.

If applying to study a course below degree level, the applicant must have the equivalent of level B1 of the Common European Framework of References for English language.

If applying to study a course at degree level or above, the applicant must have the equivalent of level B2 of the Common European Framework of References for English language.

Applicants on a combined pre-sessional course need to demonstrate level B1 English if they have not been given an unconditional offer of study on the main course of study at degree level or above, and their sponsor has not assessed them as already having level B2 English.

There is further guidance on how caseworkers must assess evidence that an applicant meets the English language requirement at the relevant level.

Student: academic progression

This section tells caseworkers about the academic progression requirement for Student applicants.

The academic progression requirement is in place to ensure that students are progressing academically if they wish to study a further course in the UK, and are not just seeking to extend their stay in the UK.

The requirement only applies to students who have previously been granted permission as a Student or a Tier 4 (General) Student and are applying for permission to stay. The rules for the academic progression requirement can be found at Appendix Student ST 14.1 to 14.5.

Exemptions

An applicant does not need to show academic progression under the exemptions listed in Appendix Student ST 14.4.

If an applicant is exempt from demonstrating academic progression, the licensed student sponsor must confirm this, and set out why, in the Confirmation of Acceptance for Studies (CAS). The caseworker may request further evidence from the Student sponsor to confirm that an applicant is exempt.

If an applicant is applying in the UK under the differentiation arrangements, or applying with a higher education provider (HEP) with a track record of compliance, they do not need to send in further evidence with their application that they have completed their previous course. However, their sponsor must specify in the CAS that the applicant has completed their previous course. The caseworker may request further evidence of this when making a decision.

The sponsor must state on the CAS if an applicant is applying for the purpose of re-sitting or repeating examinations or modules, or if an applicant has already resat or repeated examinations or modules.

If the applicant has previously changed their course of study without completing their previous course (having met the relevant requirements in the rules to do so), to support their new application, they must now submit transcripts to show that they have previously sat the exam or exams or taken the module or modules in respect of the course they changed to, not the previous course.

Applicants making a Student application from overseas are not required to show academic progression. When assessing these applications, the caseworker does not need to ensure that the new course is at a higher level than the student’s previous course in the UK.

The caseworker must continue to assess whether the applicant is a genuine student.

Demonstrating academic progression

All applicants who have previously been granted permission as a Student or a Tier 4 (General) Student, and are applying from within the UK to extend their stay need to have successfully completed their previous course unless:

• they are progressing onto an integrated master’s or PhD programme at the higher level of that programme

• an exception set out at Appendix Student ST 14.4 applies

Unless an exception at Appendix Student ST 14.4 applies applicants will also need to show that the course for which their CAS has been issued is at a higher level than their previous course. A new course at the same level is only permitted if:

• the student sponsor is a higher education provider with a track record of compliance

• the course of study is at degree level or above

• the sponsor confirms that the new course is connected to the previous course and study on that course represents the applicants genuine career applications

• the applicant has left an integrated master’s or PhD programme having successfully completed the course leading to the award of the lower level of the 2 qualifications it would be possible to be awarded by completing the course and is applying for a new course at the higher level (for example, a student who exits an integrated masters programme with a bachelors qualification then applies for a masters programme after exiting the course with the lower qualification)

Applying for an integrated course

An applicant can demonstrate academic progression if they are moving from the lower level to the higher level of an integrated master’s course, or an integrated master’s and PhD programme. In these circumstances the caseworker must check that the sponsor has undertaken an assessment of the applicant’s academic ability to complete the higher level course before they assigned the CAS, and that the sponsor has confirmed that they did this in the CAS. If an assessment has not taken place, the caseworker must refer the sponsor for compliance action.

As above, if an applicant’s new course is at a lower level than their previous course, it will not represent academic progression, and the caseworker must refuse the application.

The caseworker must confirm academic progression has been met by checking that the course is a fully integrated course, it cannot be 2 separate courses at the same sponsor, even if they are placed back to back. For example, an applicant must undertake an integrated master’s course, rather than a separate bachelor’s and master’s course in the period of the permission. To grant permission, the caseworker must be satisfied that the course is integrated. If the caseworker is not satisfied, then they must either request further information or refuse permission.

Some medical, dentistry, or veterinary degree programmes are known as ‘intercalated’ courses, meaning that a student can undertake study on a different course during the time spent on the course of study that their CAS has been issued for.

A medicine, veterinary medicine and science, or dentistry student does not have to make a new application if they have sufficient existing or extant permission, and they:

• want to intercalate at the same or a different sponsor

• are returning to complete their course after intercalating at the same or a different sponsor

The current sponsor must notify their Account Manager, or the Educator’s Helpdesk (if they are not a premium sponsor), who will update the Home Office IT system to reflect that a different sponsor is teaching an applicant. The sponsor who is teaching the applicant will be responsible for the sponsorship duties from the time that the applicant moves to them, and for the remainder of the teaching period. If an applicant is intercalating at a different sponsor, the sponsor teaching the applicant must make any relevant reports via their Account Manager, or the Educator’s Helpdesk, during this time. If an applicant is intercalating at the same sponsor, the sponsor must submit a change of course notification via the SMS, specifying that this was for the purpose of intercalating.

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Demonstrating course completion

An applicant can use the formal award of a qualification to demonstrate having successfully completed their course. If the formal award has not yet been issued, and the applicant is studying a course at degree level or above at a sponsor who is a HEP with a track record of compliance, then the sponsor can provide formal written confirmation that the applicant is highly likely to complete their course.

To provide formal written confirmation, the current sponsor must assess the applicant’s academic ability to complete their current course successfully. The confirmation provided must state that the sponsor considers the applicant highly likely to complete their course successfully, based on the sponsor’s assessment, and the applicant’s performance throughout the course. The formal written confirmation should also give an indication of when the qualification will be awarded.

The caseworker must check that the sponsor has noted on the CAS that the applicant’s offer is based on formal written confirmation of course completion. If an applicant does not in fact successfully complete their first course, the sponsor which assigned the CAS for the first course will be required to notify UKVI and withdraw sponsorship of the applicant.

If a sponsor is offering a course on the basis of a formal written confirmation that an applicant is highly likely to complete their current course, the applicant must complete their current course before or on the completion date stated in the formal written confirmation. If an applicant does not successfully complete their course within the completion date stated in the formal written confirmation, then the sponsor assigning the new CAS will be required to notify UKVI and withdraw sponsorship of the applicant.

If, in either of these cases, the sponsor does not notify UKVI, or fails to withdraw sponsorship, then the sponsor may face compliance action from UKVI.

An applicant who has been studying A-levels, and achieves a qualification in at least one of the subjects they have been studying, will be considered to have successfully completed their course, and can therefore demonstrate academic progression.

Qualifications obtained through supplementary study cannot be relied upon by a sponsor or an applicant to demonstrate academic progression.

If an applicant has been studying a pre-sessional English language course, and then applies to study the course for which that pre-sessional was undertaken, this will be considered to be academic progression. If an applicant who has completed a course then wishes to undertake a pre-sessional English language course at a lower level, related to another main course of study, this will also represent academic progression if both:

• a single CAS has been assigned to cover both the pre-sessional course and the substantive course

• the main course is at a higher level than the previous course for which they were last granted under the Student or Tier 4 routes

In all other circumstances, undertaking a lower level English language course between 2 substantive courses will not represent academic progression.

Study at the same level

If an applicant’s new course is at the same level as their previous course, it may exceptionally be considered to meet the academic progression requirement if the course is at degree level or above, the sponsor teaching the course is an HEP with a track record of compliance, and one of the following applies:

• the new course is related to the previous course for which the student was given permission as a Student or Tier 4 leave (meaning that it is either connected to the previous course, part of the same subject group, or involves deeper specialisation)

• the applicant’s career aspirations are supported if the new course is combines with the previous course

Any applicant that is not studying at an HEP with a track record of compliance cannot use this exemption.

To establish whether an applicant can use this exemption, the caseworker must consider all of the relevant factors, including the following points (please note, this is not an exhaustive list, and will not be appropriate in every case):

• the level of the course

• the subject matter of the new and previous courses

• the applicant’s education history

• the credibility of the applicant’s rationale for wishing to study the new course

• whether the HEP sponsor sufficiently explains why the applicant is applying to study a course at the same level, instead of moving up an academic level

If an applicant has left an integrated master’s or PhD programme having successfully completed the course leading to the award of the lower level of the 2 qualifications it would be possible to be awarded by completing the course and is applying for a new course at the higher level (for example, a student who exits an integrated masters programme with a bachelors qualification then applies for a masters programme after exiting the course with the lower qualification) they are able to make an in-country application for permission to stay.

Before granting an application to study a course at the same level, the caseworker must consider whether a credibility interview should be conducted. If the caseworker is not satisfied by the sponsor’s justification, they must refer the case for a credibility interview. Following an interview with the applicant, if the caseworker is still not satisfied that the course represents academic progression, the application will be refused. Compliance action may then be taken against the sponsor by UKVI.

The following circumstances are examples of where an applicant can meet the exemption to the academic progression requirement:

• an applicant has completed a master’s degree in Modern Languages (RQF 7), and wishes to study a master’s degree in Latin American Studies (RQF 7) - this is to deepen their specialist knowledge, or to better prepare for doctoral study, or to explore a future career in academia and research - in this case, there is a clear connection between the previous course and the new course

• an applicant has completed a master’s degree (RQF 7) in environmental policy, and wishes to study a Master of Business Administration (RQF 7) - the HEP confirms that the two courses combined support the applicant’s career aspirations in the energy industry - the applicant may be asked for evidence to demonstrate that they are pursuing a career in this field

• an applicant has left an integrated masters programme in Mathematics with a Bachelors degree and is applying to study a Masters in Statistics. Although the course would be at the same level as the qualification stated on the previous CAS, the student would be demonstrating academic progression from the Bachelors to the Masters qualification

An example of where an applicant is unlikely to meet the exemption to the academic progression requirement is where an applicant has completed an accountancy qualification (RQF 7), and is applying to study a master’s degree (RQF 7) in music. In this case, the 2 fields are unrelated.

Sponsor duties

Where the applicant is required to show academic progression, the caseworker must check the sponsor has confirmed on the CAS how the applicant meets the requirement.

Where the sponsor is offering a course at the same level, as per the previous section (Study at the same level), the sponsor must justify this on the CAS. As per the previous section, any abuse of the exemption could lead to compliance action against the sponsor by UKVI.

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Changing course or finishing their course early

This page tells caseworkers about the procedure to follow if a Student changes their course or finishes their course early.

Students can apply for a further course of study if they meet the academic progression requirement and the new course of study commences within 28 days of the expiry of their current period of permission. Only some students are able to change course without applying for a new period of permission.

A Student who is applying to extend their permission under the Student route must be academically progressing (unless they are exempt from demonstrating academic progression), including where they are extending to continue the same course.

A sponsor can only issue a Confirmation of Acceptance for Studies (CAS) to a Student for a change of course if they have a current CAS allocation.

Students and Child Students who want to do a different course of study with their student sponsor

If a Student applies for further permission to stay to start a new course with the same student sponsor, this will depend on whether they have successfully completed the course for which their permission was granted. In all cases, if a Student requires further permission to complete a course, they will need to meet the current Student route requirements including the academic progression requirement.

The Student or Child Student has completed the course for which they were given permission to stay

If the student has successfully completed the course the Confirmation of Acceptance for Studies (CAS) was issued for, they will need to make a new application for permission to stay for their new course.

The student must make a valid application that meets the date of application requirement. To be able to begin their course before a decision has been made, the Student will need to be studying at a higher education provider (HEP) with a track record of compliance.

In all other circumstances a student must make an application for permission to stay and must not start their new course until the Home Office have approved their new application.

If a student has left an integrated masters or PhD programme with the lower level qualification, this will be deemed to be successfully completing the course of study for which the CAS was assigned. These students will be able to meet the academic progression requirement for an in-country application, if the course of study listed on the CAS is at the same level or higher than the level of study on the previous CAS issued for the integrated programme.

The Student or Child Student has not completed the course which their current permission was granted for

The ability to change course is dependent on a student’s conditions. The conditions and circumstances in which students can change courses are set out under Changing A-level subjects and Students: changing course, without needing permission from the Home Office.

If a student wants to change their current course but, under their conditions of permission they are not permitted to do so, they need to make a new Student or Child Student application from overseas before changing course.

Changing A-level subjects

Where the Student or Child Student was assigned a CAS to undertake A-levels, they will not be considered to be changing their course if they are changing individual A-level subjects.

To be able to change A-level subjects, the student will need to be able to complete all A-level subjects in their current period of permission.

Students: changing course, without needing permission from the Home Office

Some students may be able to change course without applying for a further period of permission. Students are only able to change course at the HEP which they are studying at, without applying for a further period of permission.

A Student can only change their course within their current period of permission if:

• the current licensed Student sponsor is an HEP with a track record of compliance

• the current period of permission was to study a full-time course

• the new course is at degree level or above

• the new course is not at a lower level than the current course

• the Student will be able to complete their new course within their current period of permission

• the current licensed Student sponsor confirms that:

  • the new course is related to the previous course for which the applicant was granted permission as a Student or Tier 4 (General) Student, (for example, it is connected to the previous course or part of the same subject group)

  • the previous course and the new course in combination support the applicant’s genuine career aspirations

This group of Students must complete their new course within their existing period of permission unless:

• they are applying to re-sit exams or repeat modules

• they require further permission because they have previously re-sat exams or repeated modules for their current course

The Student will need to provide evidence when applying for permission that they have attempted exams/modules in line with the academic progression requirements.

The caseworker must not use this provision to allow students to undertake parts of the course for the first time.

Pre-sessional courses

This page tells caseworkers about the requirements for Student and Child Student applicants who apply for permission to take a pre-sessional course before beginning their main course of study.

Full details of the requirements which need to be met for a sponsor to issue a combined CAS for the main course of study and the pre-sessional course, can be found in Appendix Student ST 15 and Appendix Child Student CS 11.

A pre-sessional course is one that prepares a student for their intended full-time course of study in the UK. This will usually be supplementary English Language training and might also give some background on the British education system to students.

Courses such as foundation degrees, which are designed to give a student fundamental training in the subject area of the main course, and courses which form an integral part of the main course of study or replace part of it, are not considered pre-sessional courses.

If the caseworker cannot grant for both the pre-sessional and main course because one of the requirements has not been met, providing all other requirements are met, they must contact the licenced student sponsor to confirm that the sponsor is willing to sponsor the applicant for the pre-sessional course only.

If the licenced Student sponsor agrees, the caseworker must grant for the pre-sessional course plus the additional one month period.

If the licenced Student sponsor does not agree, the caseworker must refuse the application.

Where the pre-sessional course requirements are not met, applicants wishing to do a course before their main course, must make a separate application for each course. Both courses must satisfy the full criteria of the Student and Child Student routes, including, where they apply, the:

Student: postgraduate doctors and dentists

This page tells caseworkers about the requirements for students who apply for permission as a Student to study as a postgraduate doctor or dentist.

To be granted permission as a Postgraduate doctor or dentist, the applicant must meet the requirements in Appendix Student ST 16.1.

Documents required

If an applicant is applying to take a recognised foundation programme as a postgraduate doctor or dentist, they must provide a letter from their sponsor confirming that they have been offered a place on a foundation programme recognised by the medical community.

Maximum period

The maximum period of permission for students on a recognised foundation programme as a postgraduate doctor or dentist is 3 years.

The caseworker must refuse the application if the proposed course of study means the applicant is seeking permission for over 3 years as a postgraduate doctor or dentist.

Sponsors of postgraduate doctors and dentists

Postgraduate doctors and dentists who have been assigned a CAS for the 2 year foundation programme may only be sponsored by Health Education England (HEE).

Work placements

For information on the requirements for postgraduate and dentist work placements, see Postgraduate doctors and dentists.

Work placements

This page tells caseworkers about the requirements for work placements for Student and Child Student applicants.

Students: work placement requirements

The requirements that a work placement must meet are stated in Appendix Student ST 17.

The licensed Student sponsor will remain responsible for the student during the work placement.

Students are exempt from meeting the academic progression requirements where they are adding a work placement to their original course of study or applying for further permission to complete their course following a work placement. These students are able to apply for permission to stay to complete their placement from within the UK.

For a work placement to be included within a course of study, the work placement must be integrated and assessed as part of the course of study. There is no requirement stating that a work placement must be credit bearing or assessed as pass or fail.

Child Student

The licensed student sponsor will remain responsible for the Child Student during any permitted placement.

Students: Work placements involving professional performance

Students studying music, drama or dance can undertake work placements which involve a professional performance without being in breach of the employment restrictions, where the:

• course is at degree level or above (meaning courses of at least RQF Level 6 or SCQF level 9)

• performance has been arranged by the sponsoring education provider and is an integral and assessed part of the course

Sports-related work placements

In certain circumstances, Students and Child Students are permitted to undertake a sports-related work placement as part of their course. These are permitted where the placement is an integral and assessed part of their course and does not involve the student filling a permanent vacancy. Additionally, Students and Child Students must not take up a role that requires them to play or coach sport as part of a work placement, unless they are doing so as an amateur.

Postgraduate doctors and dentists

Postgraduate doctors and dentists can undertake a work placement if they choose to do so in addition to working:

• on the foundation programme

• an additional 20 hours per week during term-time (if their sponsor is a higher education provider (HEP) with a track record of compliance)

Work placements on the Confirmation of Acceptance for Studies (CAS)

The CAS has fields for sponsors to indicate if a course includes a work placement and to provide details about the placements. Only the field asking if the course includes a work placement is mandatory. If only this field is completed and no other details are provided, the caseworker is not expected to make further enquiries.

If, however, the licensed student sponsor completes the field ‘percentage of work undertaken’ and that percentage exceeds the permitted percentage of the course which is allowed to be a work placement, the licensed student sponsor must justify why the work placement exceeds the permitted percentage in the ‘justification text’ field. For example, the justification may be that it is a UK statutory requirement.

If known, the sponsor should include information about the work placement however this isn’t a requirement to grant permission and the field on the CAS is optional.

Student: Doctorate Extension Scheme (DES)

The Doctorate Extension Scheme (DES) closed on 1 July 2021. The scheme has been replaced by the Graduate route, which opened on the same date.

The DES was open to Students with entry clearance or permission to stay as a Student or Tier 4 (General) student completing a course leading to the award of a PhD at a higher education provider (HEP) with a track record of compliance. Students who met the qualification criteria were granted further permission for 12 months from the course end date specified on the Confirmation of Acceptance for Studies (CAS) submitted with the DES application.

While waiting for a decision on the application for permission on the DES, and following a grant of permission, students were allowed to work full-time without restriction, except as a professional sportsperson (including as a sports coach).

Under the scheme:

• students could sponsor dependents

• students could switch into work routes

Students only needed to hold or apply for ATAS when applying for or holding permission on the DES when studying a relevant course for which the course end date had been postponed for more than 3 calendar months.

Student: time limits for study

This page tells caseworkers about the maximum amount of time that can be granted to an applicant. The maximum amount of time that a Student applicant can spend studying within the UK at each level is listed in Appendix Student ST 19. The amount of time that an applicant can spend studying courses below degree level is stated in Appendix Student ST 19.1.

Caseworkers should consider exercising discretion where a student has exceeded the maximum period of time permitted studying below degree level or at degree level, if the applicant would exceed the time limit due to reasons related to the Covid-19 pandemic and details or evidence of those reasons have been provided either with the application or on the CAS.

For example, a student who is undertaking A-Levels might exceed the 2 years study permitted below degree level if the Student had been unable to complete the course of study due to disruption to course delivery as a result of the pandemic. Discretion should be exercised on a case by case basis and take into account any supporting evidence provided.

Student: maritime courses

To qualify under the maritime course exemption for study below degree level, stated in Appendix Student ST 19.2, the applicant must intend to study a course which is subject to a regulatory requirement by the Maritime and Coastguard Agency (MCA) that the applicant must spend at least 12 months at sea.

The following courses, approved by the Merchant Navy Training Board (MNTB) for MCA certification, are delivered by UK maritime and training centres and are recognised as requiring 12 months of work at sea on-board a merchant vessel:

• foundation degree in:

  • Electro-technical Engineering

  • Marine Electrical Engineering

  • Marine Electrical and Electronic Engineering

  • Marine Engineering

  • Marine Operations

  • Nautical Science

  • Navigation and Maritime Science

• HNC/HND in:

  • Marine Engineering

  • Nautical Science

To be eligible to sponsor applicants under this provision, the licensed Student sponsor must be an approved MCA centre which is on the list of Marine and Coastguard approved Nautical Colleges and Yacht training providers.

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Degree level study

The amount of time that an applicant can spend studying at degree level is stated in Appendix Student ST 19.3. Any period studied whilst on Tier 4 or any other predecessor to the Student route will count towards the calculation of degree level study.

Exceptions

Student applicants who are studying courses in subject areas listed in Appendix Student ST 19.4 are not subject to the limit on study at degree level. This is due to the length of time that these courses generally take to complete.

Exempt courses are as follows:

• architecture

• medicine

• dentistry

• veterinary medicine and science

• music at a music college that is a member of Conservatoires UK

• law, where the applicant has completed a course at degree level or above and is applying for a course of study which is:

  • a law conversion course validated by the Solicitors Regulation Authority and the Bar Standards Board in England and Wales

  • Masters in Law (MLaw) in Northern Ireland

  • an accelerated graduate LLB in Scotland

Permission granted for students to take a role as a Student Union Sabbatical Officer does not count toward a time limit for study, as the CAS for these students is not issued for a course of study, but for a salaried role.

Above degree level study

There is no maximum study requirement for applicants who are studying a course above degree level.

Calculating time limits

The caseworker must calculate whether an applicant’s previous study and their proposed study would exceed the maximum period of study permitted.

To determine whether to grant a Student’s application for permission to undertake their proposed course of study, the caseworker must determine how much time the applicant has previously spent studying on the Student or Tier 4 routes to study courses at the relevant level (including any periods of permission extended by 3C), and add the length of permission that would be granted if the current application is successful.

To calculate periods of permission counting toward the maximum study limit, the caseworker must add the proposed period of permission together with any current or previous permission at the specific study level. This period will be counted either from:

• the date permission would begin if granted (for entry clearance)

• the date the current permission began (for permission to stay)

The period of permission will be counted until the day the permission – if granted – would expire.

The caseworker must also count any previous periods of permission as a Student, or periods of leave under Tier 4 (General) migrant, including where the applicant has subsequently left the UK. Each period will be counted from the date the permission began until the date it expired. If the applicant extended their Student permission (including under 3C), this will be included. If the applicant’s permission was curtailed, the caseworker must take the date the curtailed permission expired.

When calculating periods of permission, the caseworker must consider the duration and level that the Student permission was granted for.

The caseworker must:

• when counting time in months:

  • round individual days downwards to the nearest month

  • must not double-count time

• count the full period unless there are exceptional compelling and compassionate circumstances (for example, serious illness or disability)

The caseworker must not include any time spent studying in the UK whilst the applicant was under the age of 18.

If the applicant turned 18 during the course of their permission, the caseworker must begin the calculation for the relevant time limit from the date of the applicant’s 18th birthday.

Deciding whether the application complies with the time limit requirement

If the caseworker’s calculation shows that the length of the course applied for in the current application would lead to the applicant having spent more than the maximum period permitted, they must refuse the application.

Student applicants can exceed the time limits set out in Appendix Student ST 19 if one of the following scenarios applies:

• the applicant is applying to study a 3 year maritime course detailed in Appendix Student ST 19.2, the applicant has never studied in the UK before and the period granted at the end of the course would make the applicant exceed the limit (for example if the Student permission would begin on 01 January 2021 and expire on 01 June 2024, the total duration would be 3 years 5 months, this would be permitted as the period exceeds 3 years on the basis of the extra periods granted before and after the course)

• the applicant is applying to study a course subject to the below degree level limit stated in Appendix Student ST 19.1, the applicant has never studied in the UK before and the course is a 2 year course (for example if the Student permission would begin 01 January 2021 and expire on 01 June 2023, this would be permitted as the period exceeds 2 years on the basis of the extra periods granted before and after the course)

• the applicant is applying to study at a higher education provider (HEP), is subject to the time limit stated in Appendix Student ST 19.3, the applicant has never studied in the UK before and is studying a five year course, for example:

  • an applicant applying for a five year pharmacy programme and Student permission would begin 01 January 2021 and expire on 01 March 2026. This would be permitted as the period only exceeds 5 years on the basis of the extra periods granted before and after the course

If these circumstances apply, the caseworker must not refuse the application on the basis that the time limit would be breached.

For the avoidance of doubt, this concession is not intended to extend the time limits for all applicants.

Date calculators

Date calculators – for example ‘timeanddate.com’ – may help in calculating how long the applicant has studied. If the caseworker uses a date calculator, they must ensure that they select the ‘include end date in calculation’ option to obtain accurate details of the length of the courses. The period calculated will be expressed in days but will also include detail in ‘years, months and days’ which can be used for refusal purposes.

Documents for assessing Confirmation of Acceptance for Studies (CAS)

This page tells caseworkers which documents an applicant must provide to show how they were assessed by the sponsor to be issued a CAS. If documents are not in English, the applicant must provide a certified translation of the documents.

Someone applying to study a course at degree level or above at a higher education provider (HEP) does not need to provide evidence of qualifications used to obtain the offer. The HEP is able to assess the academic ability of a prospective student at degree level or above. They must state on the CAS what documents were used to obtain the offer and the caseworker does not need to see evidence of the previous qualifications.

Students and Child Students who are applying under the differentiation arrangements do not need to supply evidence of previous qualifications. The caseworker may still request these documents if necessary.

Child Student applicants under the age of 16

Applicants under the age of 16 applying under the Child Student route do not need to provide documents to show how their academic ability was assessed.

Child Student applicants aged 16 or 17 and Student applicants

Applicants aged 16 or 17 applying under the Child Student route, or the Student route, must provide the documents they used to be awarded their CAS unless they are applying under the differentiation arrangements, or if the assessment was not based on qualifications or references. The documents they must submit must be one of the following:

• the certificate or certificates of qualification

• the transcript of results

• the print out of qualification or transcript results from the awarding body’s online checking service

If the applicant does not provide these documents, the caseworker must request them.

Evidential documents used

Each document provided must include:

• the applicant’s name

• the title of the award

• the name of the awarding institution or awarding body

• the date of the award (if the qualification has already been awarded)

• confirmation that the qualification will be awarded (if the document is a transcript of results or print out of a transcript of results)

Assessments based on references

If the sponsor assessed the applicant through references, they must provide details of the references assessed on the CAS.

The applicant must send the reference or references which must contain:

• the applicant’s name

• confirmation of the type and level of course or previous experience

• dates of study or previous experience

• the date of the letter

• contact details for the referee

If the applicant cannot provide the original reference or references, they can provide a copy, together with a letter from their sponsor confirming it is a true copy of the reference they assessed.

Assessments not based on qualifications or references

If the sponsor assessed the applicant as being suitable for the course based on something other than their qualifications or references, the applicant does not have to provide a certificate or transcript of results. For example, if the sponsor based their assessment on:

• a portfolio of artwork

• an interview

• the sponsor’s own test or entrance exam

The sponsor must, however, provide details of how they assessed the applicant on the CAS.

Evidence of English language ability

All sponsors must assess their prospective students’ English language ability. The level of English required and the documents to be submitted depends on:

• the level of course the applicant is studying

• the type of institution at which the applicant is studying

Verifying documents

The caseworker must carry out a verification check if:

• they have reasonable doubts that a specified document is not genuine

• there is a known risk that relates to that document or application

Documents from institutions which have had their licence revoked

If the applicant has provided documents from a previous course from an institution that has had its student licence revoked, the caseworker can consider this as supporting evidence.

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Requesting more information

This page tells caseworkers about requesting more information or supporting documents related to Student and Child Student applications.

Applicants should provide all the evidence, on which they rely to support their application at the outset of the process. However, it is recognised that if an applicant makes an error or omission with the supporting evidence they provide, it may be appropriate for the caseworker to contact the applicant and invite them to provide additional evidence.

Caseworkers should refer to the Evidential Flexibility guidance to ascertain whether they are required to write out to an applicant to request further information or not.

Translating documents

This page tells caseworkers when they can accept translated documents for Student and Child Student applications.

If a document is not in English or Welsh, the applicant must provide a fully certified translation from a professional translator or translation company that can be independently verified by the Home Office. The translation must include all of the following information:

• confirmation that it is an accurate translation of the document

• the date of translation

• the full name and signature of the translator or an official from the translation company

• the translator or translation company’s contact details

Assessing the academic level of a translated certificate

If a translation of an overseas qualification or certificate is submitted, the caseworker must not take it as a direct translation of the academic level of the award. The caseworker must use the Ecctis (formerly UK NARIC) website to assess the level of overseas qualifications or ask the sponsor to provide evidence of its level from Ecctis (formerly UK NARIC) if this has not been included with the application.

Verifying documents and risk profiles

This page tells caseworkers about risk profiles and how they should verify supporting documents for Student and Child Student applications.

Verification checks

The caseworker must be confident that the documents an applicant has submitted with their application are genuine. In certain circumstances the caseworker will have to verify these documents. The caseworker may need to verify documentation if:

• they have reasonable doubts about the authenticity of any document

• there is an instruction based on risk-profiles

The process for verifying documents will vary in each case, but may involve checking the authenticity of documents with:

• employers

• banks

• universities

• professional bodies

• the relevant embassy or high commission

• other government departments (in the UK and overseas)

The purpose of these checks is to make sure that the document provided is genuine and accurately reflects statements made in the application. There is guidance available on how to refer documents to the North East, Yorkshire and the Humber regional verification team or the regional intelligence unit.

Verification checks will be returned with one of the following results:

• documents have been confirmed to be genuine

• documents have been confirmed to be false

• the check returns an inconclusive result

If the documents have been confirmed as genuine, the caseworker must continue to consider the application.

If the documents have been confirmed as false, the caseworker must refer to guidance on general grounds for refusal.

If the verification check returns as inconclusive, the caseworker must discount the document as evidence. The applicant cannot rely on this evidence, if alternate evidence has also been provided that meets the requirement this can be used instead. If no further evidence is been provided, the caseworker should either refuse the application or refer the applicant for an interview.

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Age requirements and child welfare

This section tells caseworkers about the age requirements for the Student and Child Student routes, and about child welfare considerations.

Applicants under the Student route must be at least 16 years of age.

Applicants under the Child Student route must be at least 4 years old and under the age of 18.

If the applicant does not meet the age requirement, the caseworker must refuse their application.

Parental consent for Students and Child Students under 18

Guidance on the Parental Consent Requirement for applicant not applying as a dependent child which applies to applicants under 18 years can be found here: Appendix Children Requirements.

Safeguarding child welfare

Under section 55 of the Borders, Citizenship and Immigration Act 2009, the Home Office and all its members of staff have a duty to safeguard and promote child welfare. The definition of children includes all applicants under the age of 18 in the UK.

Arrangements for the applicant’s care and accommodation in the UK must comply with UK legislation and inspection regulations. For more information on the Department of Education’s minimum standards and inspection regulations, see below:

• accommodation of students under 18 by further education colleges: national minimum standards and inspection regulations

• boarding schools: national minimum standards, inspection regulations

• residential special schools: national minimum standards, inspection regulations

Child Students living in a private foster care arrangement or receiving care from a close relative

Child Student applicants must show that they have suitable arrangements in place for their care and reception within the UK.

If the applicant will be living with a close relative or private foster carer who is a resident British citizen or who is settled in the UK, the applicant must provide written confirmation from the intended carer confirming the care arrangement. The written confirmation of the care arrangements must include all the below information:

• the details of the intended carer including the name, current address and contact details

• the address where the carer and the child will be living in the UK, if different from the intended carer’s current address

• confirmation that the accommodation offered to the child is a private address, and not operated as a commercial enterprise

• confirmation that the intended carer has at least £570 per month to look after and accommodate the Child Student for the length of the course

• the nature of the relationship between the child’s parents or legal guardian and the intended carer

• that the intended carer agrees to the care arrangements for the child

• the signature and date of the undertaking

The caseworker must check that the intended carer is either:

• a British citizen or

• settled in the UK

Evidence of settled status under the EU Settlement Scheme is sufficient to meet this requirement.

Evidence of the intended carer’s immigration status must be provided with the application. Acceptable documents which can prove status include:

• a copy of the biographic page from a current UK passport

• evidence to confirm that the individual holds settled status in the UK - this can include a biometric residence permit showing indefinite leave to remain or proof of the individual’s status under the EU Settlement Scheme

• a certificate of naturalisation as a UK citizen

The original document does not need to be provided, a copy of the document is acceptable.

The parents or legal guardian must confirm the nature of the relationship between the child’s parents or legal guardian and the intended carer where the intended carer is a close relative and details of where the applicant will be staying. The information can be included within the consent letter required by Appendix Children, or as a separate letter.

Close relatives

A close relative caring for the child is not considered to be a private foster carer and so will not need to register with a UK local authority. A close relative is a person aged 18 or over who is the child’s:

• grandparent

• brother

• sister

• step-parent

• uncle (the brother or half-brother of the child’s parent)

• aunt (the sister or half-sister of the child’s parent)

Parents accompanying children under 12

Parents who wish to accompany their children to the UK can apply to do so under the Parent of a Child Student route. Children under the age of 12 can be accompanied by one parent, who will be responsible for the care of the child within the UK. Children aged 12 and over are only able to reside with their parent if that parent holds a Parent of a Child Student permission issued on the basis of a younger sibling who has permission as a Child Student.

Private foster care

Children under 16 years old (or under 18 years old if disabled) are privately fostered when they are cared for on a full-time basis exceeding 28 days by adults, who are not their parents, legal guardians or a close relative. It is the responsibility of the parent, carer, and anyone else involved in making the private fostering arrangement, including the licensed Student sponsor, to notify their UK local authority of the private fostering arrangement.

In the UK, local authorities are responsible for safeguarding and protecting children. They must make sure private foster carers are suitable and they get any support and guidance that they may need to help them care for the child.

If a Child Student applicant will be staying in a private foster care arrangement, they must receive permission from the private foster carer’s UK local authority. This is explained in Children (Private Arrangements for Fostering) Regulations 2005.

The caseworker must check that a Child Student applicant who is staying in a private foster care arrangement has provided:

• a copy of the letter of notification from their parents, legal guardian or intended carer to the UK local authority:

  • this must confirm the child will be in the care of a private foster carer while in the UK - for more information on what the letter of notification must contain, see schedule 1 of Children (Private Arrangements for Fostering) Regulations 2005

• the UK local authority’s confirmation of receipt: this must confirm that the local authority has received notification of the foster care arrangement

Differential evidence requirement

This page tells caseworkers about the Student and Child Student differential evidence requirement which permit applicants from listed countries to submit fewer supporting documents with their application.

Requirements for nationals who benefit from differential evidence

To qualify for differential evidence arrangements, the applicant must:

• be sponsored by a licensed Student sponsor

• be applying for entry clearance in the country or territory where they are living or applying for further permission within the UK

• be a national (or citizen) of a country or territory listed in Appendix Student ST 22 of the Immigration Rules (the list is also duplicated in Appendix Child Student CS 13)

Documents not required under the differentiation arrangements

Applicants who meet the requirements of differentiation will not normally have to submit:

• documents used by the student sponsor to assess academic ability

• when applying in the UK, evidence that they have completed their previous course (this will be noted on the Confirmation of Acceptance for Studies (CAS)

• English language tests or documents used by the licensed Student sponsor to assess English language ability

• documentary evidence of their funds

Mandatory documents

Under the differentiation arrangements, all Student and Child Student applicants must still submit the following with their application:

• their passport or other travel document proving identity and nationality

• biometric residence permit (if applicable)

• CAS reference number

Student and Child Student applicants must provide an Academic Technology Approval Scheme (ATAS) clearance certificate, if required.

Student and Child Student applicants must also provide a valid Tuberculosis screening certificate, if required.

Applicants who apply under the differentiation arrangements but submit evidence

If an applicant applies under the differentiation arrangements but submits evidence which isn’t mandatory, the caseworker must check that the documents provided meet the requirements. As part of the assessment, the caseworker maintains the right to consider any evidence submitted that suggests the applicant may not meet the requirements set out in the Immigration Rules.

Sponsor requirements

The sponsor does not need to make any additional statement on the CAS about differentiation, but they must include all the information needed on a CAS.

Requesting supporting documents

When the caseworker is considering an application under the differentiation arrangements, they can still request the supporting documents.

The caseworker must do this if:

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• the applicant’s nationality is removed from the list of nationalities in Appendix Student ST 22

• the Home Office is making a random check on documents

If the caseworker needs to request further documentation, they must write out to the applicant. If the applicant fails to provide the requested information, the caseworker must refuse the application.

Dual or multiple nationality

Where an applicant is applying under the differentiation arrangements and they hold dual or multiple nationalities, they must submit a passport issued by a relevant competent authority, or a passport or other travel document proving identity and nationality issued by one of the countries listed in Appendix Student ST 22 of the Immigration Rules and apply from the country or territory where they are living (or from within the UK where they are applying for permission to remain in the UK). If a dual national applies under a non-differentiated nationality, they cannot be caseworked under the differentiation arrangements and must be assessed normally.

Student: Academic Technology Approval Scheme (ATAS)

This page tells caseworkers about ATAS and which courses of study require an ATAS clearance certificate.

ATAS was introduced to help stop the spread of knowledge and skills that could be used in the proliferation of weapons of mass destruction (WMD) and Advanced Conventional Military Technology and the means of delivery for each.

The ATAS is specifically designed to make sure that those applying for postgraduate study in certain sensitive subjects do not acquire knowledge that could potentially be used in WMD or Advanced Conventional Military Technology programmes.

Exemptions to the ATAS requirement

The differentiation arrangements do not apply to ATAS. All applicants who are required to provide an ATAS certificate must apply for a clearance certificate online through the Foreign and Commonwealth Office (FCO) website. This site also contains information about the scheme and the list of designated subjects and useful documents to provide with ATAS applications.

The ATAS requirement does not apply to applicants who are listed as exempt in Appendix ATAS 3.1.

ATAS requirements

An applicant must hold a valid ATAS clearance certificate from the Foreign and Commonwealth Office if they are applying for permission to study a course or research one of the disciplines listed in Appendix ATAS of the Immigration Rules.

The caseworker must check whether an ATAS clearance certificate is required by checking the CAH code on the applicant’s Confirmation of Acceptance for Studies (CAS).

If the applicant does not have an ATAS clearance certificate and the caseworker is satisfied that one is required, they must refuse the application.

The ATAS clearance certificate

An ATAS clearance certificate is issued for a specific course with a named provider and covers the length of that course from the course start date to the course end date given on the CAS, plus up to an additional 3 calendar months of study. The certificate remains valid as long as the provider and course details remain the same.

The applicant must provide a copy of their ATAS clearance certificate. It will have been sent to them as an email attachment. If a caseworker has any questions or concerns about the certificate, contact the ATAS team to check its validity.

If the provider or course details change, or the student’s course end date is postponed for a period of more than 3 calendar months, the student must apply for a new ATAS clearance certificate within 28 calendar days of being notified of the change in course, regardless of when their permission expires.

A student must also apply for a new ATAS certificate if:

• they want to start a new course that needs ATAS clearance

• there are any changes to the course content or research proposal:

  • if they are studying a PhD course, changes include changes other than minor changes to the areas of research or to the use of any new research technique

• they are applying for an extension of permission to continue on their course, except if they are applying for permission on the Doctorate Extension Scheme whose course end date has not been postponed more than 3 months from the original end date of that course

• the end date of their course is postponed by more than 3 months

• they move to another institution

Grant or refuse

This section tells caseworkers how to grant or refuse an application under the Student and Child Student categories of the points-based system.

The actions a caseworker must take will differ depending on the type of:

Digital status

EEA nationals making an application using the Student form will be given digital status if they are granted permission.

EEA and non-EEA nationals making an application using the student visa form will be given a biometric residence permit if they are granted permission for longer than 6 months.

Grant or refuse entry clearance

This page tells caseworkers how to grant or refuse a Student and Child Student application for entry clearance.

Student: grant entry clearance

If the applicant meets all of the requirements of Appendix Student of the Immigration Rules, and none of the general grounds for refusal apply, the caseworker must grant entry clearance for the length of the course plus the appropriate additional period.

The endorsements the caseworker must use are:

• D: Student

• D: Student (S)

Cat D endorsements (which must include the sponsor licence number in the sponsor details) plus police registration where required:

• Higher Education Provider (HEP) with a track record of compliance or Overseas Higher Education Institution (HEI) for study at degree level and above:

• Student SPX* Work limit 20 hrs p/w term time. No Public Funds (+POL)

• Higher Education Provider (HEP) with a track record of compliance for study at below degree level:

• Student SPX* Work limit 10 hrs p/w term time. No Public Funds (+POL)

• Sponsor that is not an HEP with a track record of compliance at any RQF level:

• Student SPX * No Work except Work Placement. No Public Funds (+ POL)

Issue a biometric residence permit (BRP) for permission greater than 6 months.

For more information on the hours that a Student or Child Student can work, see: Work Conditions.

Child Student: grant entry clearance

If the applicant meets all of the requirements of Appendix Child Student of the Immigration Rules, and none of the general grounds for refusal apply, the caseworker must grant entry clearance.

The caseworker must grant entry clearance for the length of the course as stated on the Confirmation of Acceptance for Studies (CAS) up to a maximum of:

• 6 years (if the child is under 16 years of age)

• 3 years (if the child is 16 or 17 years of age)

The endorsement the caseworker must use is one of:

• D: Child Student

• D: Child Student (S)

Cat D endorsements ( which must include the sponsor licence number in the sponsor details), if 16+ plus police registration where required:

• Age 16+:

  • C Student SPX * Work Limit 10 hrs p/w term time. Age 16+ No Public Funds (+POL)

• Under 16:

  • C Student. No Work SPX* No Public Funds (+POL)

Student: refuse entry clearance

If the applicant has not provided the evidence that they meet all the requirements of Appendix Student, the caseworker must refuse the application.

Child Student: refuse entry clearance

If the applicant has not provided the evidence that they meet all the requirements of Appendix Child Student, the caseworker must refuse the application.

Rights of appeal and administrative review: out-of-country applications

There are no appeal rights for those who are applying from overseas, except where the appeal is on human rights grounds.

If an application for entry clearance is refused under the points-based system and the applicant thinks the Home Office has made an error in considering their application, they can apply for an administrative review.

Student: refusal paragraphs

This page tells caseworkers which paragraph of the Immigration Rules they must refer to if refusing an application for entry clearance as a Student migrant.

Reason for refusal	Paragraph of the Immigration Rules
Suitability requirements	Appendix Student ST 2 and sub- paragraphs
Entry requirement	Appendix Student ST 3 and sub- paragraphs
Date of application requirement	Appendix Student ST 4 and sub- paragraphs
Genuine Student requirement	Appendix Student ST 5.1
Points requirement	Appendix Student ST 6.1
Confirmation of Acceptance for Studies requirement	Appendix Student ST 7 and sub- paragraphs
Course requirement	Appendix Student ST 8 and sub- paragraphs
Approved qualification requirement	Appendix Student ST 9 and sub- paragraphs
Level of study requirement	Appendix Student ST 10 and sub- paragraphs
Place of study requirement	Appendix Student ST 11
Financial requirement	Appendix Student ST 12 and sub- paragraphs Appendix Finance
English language requirement	Appendix Student ST 13 and sub- paragraphs Appendix English Language
Academic Progression requirement	Appendix Student ST 14 and sub- paragraphs
Combined Pre-sessional Course requirement	Appendix Student ST 15 and sub- paragraphs
Postgraduate Doctor or Dentist requirement	Appendix Student ST 16.1
Work Placement requirement	Appendix Student ST 17 and sub- paragraphs
Maximum period of study requirement	Appendix Student ST 19 and sub- paragraphs
Documents used to obtain an offer requirement	Appendix Student ST 20 and sub-paragraphs
Parental Consent requirement	Appendix Student ST 21.1 and Appendix Children Parental Consent Requirement for applicant not applying as a dependent child
Differential evidence requirement	Appendix Student ST 22.1
Information on a Confirmation of Acceptance for Studies requirement	Appendix Student ST 23.1

Child Student: entry clearance refusal paragraphs

This page tells caseworkers which paragraph of the Immigration Rules they must refer to if refusing an application for entry clearance as a Student migrant.

Reason for refusal	Paragraph of the Immigration Rules
Suitability requirements	Appendix Child Student CS 2 and sub- paragraphs
Entry requirement	Appendix Child Student CS 3 and sub- paragraphs
Date of application requirement	Appendix Child Student CS 4 and sub- paragraphs
Genuine Child Student requirement	Appendix Child Student CS 5.1
Points requirement	Appendix Child Student CS 6.1
Confirmation of Acceptance for Studies requirement	Appendix Child Student CS 7 and sub- paragraphs
Course requirement	Appendix Child Student CS 8 and sub- paragraphs
Parental consent requirement	Appendix Child Student CS 9.1 and Appendix Children CHI 5.1 and 5.2
Financial requirement	Appendix Child Student CS 10 and sub- paragraphs Appendix Finance
Combined pre-sessional course requirement	Appendix Child Student CS 11.1
Evidence of qualifications requirement	Appendix Child Student CS 12 and sub- paragraphs
Differential evidence requirement	Appendix Child Student CS 13.1

Grant or refuse extension

This page tells caseworkers how to grant or refuse an application for an extension of permission.

Student: grant of permission

If the applicant meets the requirements of Appendix Student of the Immigration Rules, the caseworker must grant permission to stay with the appropriate work and study conditions.

Students are able to travel outside of, and re-enter, the UK whilst they hold valid permission as a Student, including in the period after they have completed their course and still hold permission under the route.

For more information on the hours that a Student can work, see: Student: employment.

Student: period to grant

The period of permission to be granted to an applicant is dependent on the length and type of course to be studied. Information on the periods of permission to be granted after the end of the course can be found in Appendix Student ST 25.3.

In cases where an extension is granted after the course has finished, the caseworker must grant the additional period after the course stated in Appendix Student ST 25.3, from the date of decision. However, for courses where the caseworker would usually grant an additional period of 7 days, they must grant 17 days from the date of decision, if the course has finished.

Student: period to grant for courses comprising separate, independent modules

For applications for permission to study courses such as the Association of Business Executives (ABE) or other courses that are made up of a series of independent modules, the applicant must submit a separate Confirmation of Acceptance for Studies (CAS) for each module of the course being studied. The caseworker must only grant permission up to the end date of the stage that is provided by the sponsor, plus any relevant additional permission (unless it is an Association of Chartered Certified Accountants (ACCA) or Chartered Institute of Management Accountants (CIMA) course and the CAS specifies that it should be treated as one, long course).

This may lead to a period of greater than one month passing between modules and the applicant having to leave the UK to make an application for their next module.

Licenced Student sponsors offering Association of Chartered Certified Accountants (ACCA) courses must be an ACCA ‘approved learning partner’.

Child Student: grant of permission

If the applicant meets the requirements of paragraph Appendix Child Student of the Immigration Rules, the caseworker must grant permission with the appropriate work and study conditions.

Child Student: period to grant

The period of permission to be granted to a Child Student applicant is dependent on the length and the age of the applicant. Information on the periods of permission to be granted under the Child Student route can be found in Appendix Child Student CS 15.2.

If an applicant aged 16 to 17 is on a course which is longer than the maximum 3 years permitted, they will need to apply again before their permission to stay expires. Applications for further permission from applicants who are aged 18 or above must be made under the Student route.

Student and Child Student: refuse application

Student:

• if the applicant does not meet the relevant requirements in Appendix Student ST 2 through to ST 23, the caseworker must refuse the application - applications which do not meet the requirements in Appendix Student ST 1 should be rejected as invalid

Child Student:

• if the applicant does not meet the relevant requirements in Appendix Child Student CS 2 through to CS 13, the caseworker must refuse their application - applications which do not meet the requirements in Appendix Child Student CS 1 should be rejected as invalid

Student: dependants

If the applicant does not meet the relevant requirements in Appendix Student ST 29 through to ST 37 of the Immigration Rules, the caseworker must refuse the application. Applications which do not meet the requirements in Appendix Student ST 28 should be rejected as invalid. For more information on Student dependants, see Student dependants.

Work conditions

This page tells caseworkers what employment a Student or Child Student can undertake in the UK.

Employment conditions are dependent on the type of sponsor the applicant will be studying at and the level of course they are studying, information on the amount of hours a Student can work and the type of employment that is permitted can be found in Appendix Student ST 26.

Periods of permission after a Student has completed their course are considered to be outside of term-time for the purposes of any work conditions.

Type of sponsor	Course type level	Work permitted
If study is at: - a higher education provider (HEP) with a track record of compliance - overseas higher education institution and the student is on a short-term study- abroad programme in the UK	Full-time course at degree level or above	Then the following work is permitted: - part-time during term- time (up to a maximum of 20 hours a week) - full-time during vacations, including the period before the course starts - on a work placement as part of the course - full-time as a postgraduate doctor or dentist on a recognised foundation programme when permission has been - granted for this course type - as a Student Union Sabbatical Officer for up to 2 years when permission has been granted for this purpose
If study is at a higher education provider (HEP) with a track record of compliance	Full-time course below degree level	Then the following work is permitted: - part-time during term- time (up to a maximum of 10 hours a week) - full-time during vacations, including the period before the course starts - on a work placement as part of the course - as a Student Union Sabbatical Officer for up to 2 years
Sponsors which are not: - a higher education provider (HEP) with a track record of compliance - an overseas higher education institution sponsoring a study abroad student	Full-time course at any level	Then the following work is permitted: - on a work placement as part of the course (but only if the sponsor has Student sponsor status) - as a Student Union Sabbatical Officer for up to 2 years
Higher education provider (HEP) with a track record of compliance	Part-time course at post- degree level	Then no work allowed including work placements as part of the applicant’s course

Students who are allowed to work must not:

• be self-employed or engage in business activity, except where they are awaiting a decision on an application for permission to stay as a Start-up migrant which is supported by an endorsement from a qualifying HEP with a track record of compliance

• take employment as an entertainer or as a professional sportsperson, including a sports coach

• fill a full-time permanent vacancy other than a recognised foundation programme and all other requirements are met or where they are filling a post as a Student Union Sabbatical Officer

Professional sportsperson

Students and Child Students are not permitted to engage in professional sport (including coaching) during their permission but are able to participate in amateur sport. Amateur sport and professional sport are defined in the Introduction to the Immigration Rules paragraph 6.

If a student is engaging in any of the following activity, they may be considered to be engaging in professional sport:

• providing services as a sportsperson, playing or coaching in any capacity, at a professional or semi-professional level of sport

• receiving payment, including payment in kind, for playing or coaching that is covering all, or the majority of, their costs for travelling to, and living in the UK

• being registered to a professional or semi-professional sports team - this includes all academy and development team age groups

• representing a national team within the previous 2 years, including all youth and development age groups from under 17’s upwards

• representing a state or regional team within the previous 2 years, including all youth and development age groups from under 17’s upwards

• established an international reputation in their chosen field of sport

• engaging an agent or representative, with the aim of finding opportunities as a sportsperson, and/or developing a current or future career as a sportsperson

In certain circumstances a Student or Child Student may be offered a sports scholarship to assist in studying within the UK. Where an applicant is required to play or coach sport in exchange for receiving the scholarship, this activity is only permitted if they are studying a course at degree level or above, at a higher education provider and the scholarship has been awarded for playing or coaching sport at an amateur level for their Student sponsor or British Universities and Colleges Sport (BUCS). This will not be considered a breach of the professional sportsperson restrictions.

Engaging in business activity

A Student or Child Student will be considered to be engaging in business activity if they are working for a business in which they have a financial or other significant beneficial interest in a capacity other than as an employee.

Some examples which would be considered to be engaging in business activity are below. This is not an exhaustive list, but provides examples of activities which meet the definition of a Student or Child Student engaging in business activity:

• setting up a business as a sole trader or under a partnership arrangement and that business is either trading or establishing a trading presence

• being employed by a company in which they hold shares of 10% or more (including where the shares are held in a trust for them)

• working for a company where they also hold a statutory role, such as a director

Child Student

A Child Student under 16 years old cannot work at all during their time in the UK. A Child Student who is aged 16 or above, is allowed to work. Information on the amount of hours a student can work and the type of employment that is permitted can be found in Appendix Child Student CS 16.1.

Student and Child Student: Prohibited work

A Student must not be self-employed or engage in business activity unless the conditions in Appendix Student ST 26.8 apply. A Child Student is not permitted to be self-employed or engage in business activity.

A Student must not fill a full-time, permanent vacancy unless the conditions in Appendix Student ST 26.6 apply. A Child Student in not permitted to fill a permanent vacancy.

A Student or Child Student must not be employed as a professional sportsperson (including coach), whether paid or not and where one or more of the indicators of the definition provided under paragraph 6 of the Immigration Rules applies.

A Student or Child Student must not be employed as an entertainer.

Volunteering

Students and Child Students can volunteer while they are studying. Voluntary work is distinct from volunteering.

A Student can do voluntary work if they are permitted to work, but this work and any paid work must not exceed the total number of hours they are permitted to work during term time. For example, if a student is permitted to work 20 hours a week during term-time and has paid work of 15 hours a week, they cannot do more than 5 hours voluntary work. If they are not permitted to work, they cannot do voluntary work.

Child Students aged 16 and over can undertake voluntary work.

Factors to take into account when considering whether a particular activity constitutes voluntary work or volunteering are:

• voluntary workers will usually have contractual obligations to perform the work (for example to attend at particular times and carry out specific tasks) with the employer being contractually required to provide the work – the contract does not have to be written – the worker is usually remunerated in kind

• volunteers do not have a contract – they must not be a substitute for an employee, and they must not be doing unpaid work – for example, receiving payment in kind (although they are sometimes reimbursed for reasonable travel and subsistence expenses)

• volunteers usually help a charity or voluntary or public sector organisation

Student: dependants

This section tells caseworkers about the requirements for dependants of Students. Dependants must meet the following requirements of Appendix Student:

• validity requirements in Appendix Student ST 28.1 to 28.4

• suitability requirements in ST 29.1 to ST 29.2

• eligibility requirements, which are:

  • student course requirement in ST. 31
  • relationship requirement for a dependant partner in ST 32 and Appendix Relationship with Partner
  • relationship requirement for a dependant child in ST. 34
  • financial requirement for a dependant partner/dependant child in ST. 33 OR ST. 37
  • care requirement for a dependant child in ST. 35
  • age requirement for a dependant child in ST. 36

Assessing applications for dependant partners and dependant children

If the dependant partner and/or dependant child are applying at the same time as the Student, the applications should be considered together.

Dependant partners and dependant children are not required to apply at the same time as the Student, they can also apply for entry clearance to join the Student in the UK, or for permission to stay as a dependant, at a later date. If a dependant partner and/or dependant child is applying as the dependant of a Student who has already been granted permission within the UK, all dependants should be granted in line with the end date of the Student’s permission.

Switching

An applicant who is in the UK and applying to switch into the Student route as a dependant is unable to do so if they have, or have last been granted, permission on any of the routes listed in Appendix Student ST 28.4.

There may be other reasons that someone in those circumstances should be allowed to switch into the Student route as a dependant, and this should be considered on a case by case basis.

When student dependants are permitted

The rules for the Student course requirement that set out when a Student is permitted to have dependants can be found at Appendix Student ST 31.1 and 31.2.

The following people are eligible for permission as a dependant of a person who has been granted permission as a Student, or who will be applying at the same time:

• spouses
• civil partners
• unmarried or partners
• dependent children of either a Student or their partner under the age of 18 The following Students are allowed to have dependants with them in the UK:
• Students who have a scholarship or sponsorship from a government to study a full-time course lasting 6 months or longer
• Students studying above degree level at a higher education provider with a track record of compliance on a course lasting 9 months or longer and, if the course start date is on or after 1 January 2024, the provider has confirmed the course is a PhD or other doctoral qualification, or a research-based higher degree
• Students who have permission, or had permission within the last 3 months to study on a full-time course of 6 months or longer, and who are now applying for permission to study a full-time course of 6 months or longer where either:
  • the partner or child applying has been the Student’s dependant in that period
  • the child applying was born since the last grant of permission to the Student and they are applying at the same time as the Student or the dependant partner
• Students whose child was born in a timeframe set out at Appendix Student ST 31.2 are allowed to have that child as a dependant with them in the UK

Where Appendix Student refers to ’government’ this should be understood to be consistent with the requirement of Appendix Finance in the context of acceptable providers of official financial sponsorship, namely that it must be His Majesty’s Government or the applicant’s national government.

In order to be eligible to bring dependants through holding a government scholarship or sponsorship the award must be a government funded scholarship or sponsorship from a national government department.

There are 3 scholarship schemes run by the UK’s national government. These are Chevening, Commonwealth and Marshall. Where the applicant is relying on a scholarship issued by the government of another country it is for the applicant to demonstrate, usually via a letter of confirmation from the official financial sponsor, that the award is granted from a national government.

Scholarships and sponsorships may on occasion be awarded using different terminology. This should not prevent the applicant from meeting the requirement, as long as the evidence provided refers to a financial award issued by a national government for the purpose of completing a course of study which meets the requirements of the student route.

The scholarship or sponsorship is not required to cover the full fees and living costs of the student in order to permit them to sponsor dependants. However, if this is the case, the applicant must provide separate financial evidence to demonstrate that they meet the financial requirement.

If a scholarship does not cover the living costs for any dependants of the student then the applicant must provide separate financial evidence to cover them.

Students applying with a combined CAS for integrated programmes comprising of an integrated pre master and research master programme will meet the requirement to bring dependants.

The sponsor should confirm on the CAS which the Student’s current permission relies on whether the course of study is a PhD or other doctoral qualification, or a research-based higher degree or not. This will be done via the Academic Course Level field as follows:

• RQF_7 / SCQF_11 will denote a ‘taught’ course
• RQF_7_Research / SCQF_11_Research will denote a Research course
• RQF_8 / SCQF_12 will denote a ‘taught’ course
• RQF_8_Research / SCQF_12_Research will denote a Research course You may write out for this information if it is not otherwise provided.

To be considered a “research-based higher degree” the course of study must meet the definition of a “research-based higher degree” in Paragraph 6.2(b) of the Immigration rules:

“Research-based higher degree” means a postgraduate programme comprising a research component (including a requirement to produce original work) that is larger than any accompanying taught component when measured by student effort.”

The definition is consistent with that set out in the Higher Education Statistics Agency (HESA)’s Qualification Category.

A person applying for permission to come to the UK as a dependent partner or dependent child for more than six months must meet any requirement for a tuberculosis certificate in paragraph A39 and Appendix T of the Immigration Rules

Students who are studying in the UK for less than 6 months cannot bring dependants to the UK.

Child Students cannot bring dependants with them to the UK.

Proof of relationship for dependant partners

The rules for the relationship requirement for dependant partners can be found at Appendix Student ST 32 and Appendix Relationship with Partner. Guidance on how a dependant partner of a student can meet the relationship requirement for dependant partners can be found in the Relationship with a partner: caseworker guidance.

Requirements for dependent children

Guidance on the Age and Independent Life Requirement, Care Requirement, and Relationship Requirements for dependent children can be found here: Appendix Children Requirements.

Dependant of a Student: financial requirement

A dependant of a Student must show that they have enough money to cover their living costs whilst the Student is studying in the UK.

Applicants under Dependant of a Student will meet the financial requirement if they have been in the UK with permission for 12 months or longer on the date of application. For more information on how to assess this, caseworkers should use Appendix Finance guidance.

The rules for the financial requirement for a dependant partner can be found at Appendix Student ST 33.

The rules for the financial requirement for a dependant child can be found at Appendix Student ST 37.

Calculating funds needed for a dependant of a Student

The level of funds needed will depend on the following circumstances:

• the length of the Student applicant’s permission

• where in the UK the Student applicant will be studying

Dependants of Student applicants will need to evidence finance for the period they would be granted permission, if their application were to be successful, up to a maximum of 9 months. The start date of this period will be calculated from:

• the date the applicant is intending to travel to the UK or one month before the Student applicant’s course start date, whichever is later, if they are applying for entry clearance

• the date after their current period of permission expires, if they are already in the UK as the dependant of a Student (including Tier 4) and are applying for further permission to stay

• the date of their application, if the applicant has leave under another PBS category and is now applying for leave as the dependant of a Student (including Tier 4)

If the applicant is applying as the dependant of a Student who is on the doctorate extension scheme, they will need to demonstrate finance for a period of 2 months.

When calculating the level of funds, dependants will need to demonstrate funds of:

• £845 per month if the Student is studying in the Greater London area

• £680 per month if the Student is studying outside of the Greater London area

Evidence that can be used to demonstrate funds for the dependant of a Student

Unless a dependant is making an application at the same time as a Student and Appendix Student ST 22.1 applies, they must submit evidence that they meet the financial requirement.

Dependants of a student can rely on the following as evidence of funds available to them to meet the financial requirement:

• bank account or building society statements that meet the requirements of Appendix Finance FIN 5.1 and FIN 8.1

• a sponsorship letter from an official financial sponsor of the Student that states the sponsorship will also cover living costs for the Student’s dependants and which names those dependants

The caseworker should assess whether the funds shown in the evidence provided in the same way they consider evidence for Students.

For information on how the financial requirement for Students is assessed, see: Student: financial requirement.

For information on how evidence that someone meets the financial requirement is assed, see: Appendix Finance guidance.

Student: differential evidence requirement for dependants

This page tells caseworkers about the differential evidence requirement for dependants of a Student.

Differentiation arrangements: requirements for dependants

A dependant of a Student will qualify for the differentiation arrangements if all of the following apply:

• they are applying at the same time as the Student

• they are applying for permission in their country of nationality, the country they are living in, or in the UK

• both their nationality and the nationality of the Student are listed within Appendix Student ST 22.1

Documentary requirements

Dependants who apply for the differentiation arrangements must:

• indicate on their application form they are applying under the differentiation arrangements

• declare they can provide evidence of this that meets the requirements of the Immigration Rules

Under the differentiation arrangements, Student dependants must still provide:

• their passport

• their biometric residence permit

• evidence of relationship to the Student

• evidence that the relationship is ‘subsisting’ if the applicant is a dependant partner

• evidence of ‘dependence’ (this also applies to dependant children who are living away from home)

Requesting supporting documents

When the caseworker is considering an application under the differentiation arrangements, they can still request supporting documents. If the dependant does not provide specified documents relating to funds, the caseworker must refuse the application.

Grant permission: dependant partner or child of a Student

This section tells caseworkers how to grant permission for dependants of a Student.

If an applicant meets all the requirements to be granted permission as the dependant of a Student, they should be granted permission in line with the expiry of the

Student’s permission unless they are a dependant child and one parent in the UK has permission that will expire before the Student’s permission. Where that is the case, the permission granted to the dependant child should be in line with the expiry date of the parent whose leave expires first.

Conditions of leave

This section tells caseworkers the conditions of leave for people granted permission as the dependant partner or child of a Student.

Partners or children of a Student:

• are not allowed to access public funds

• can take employment in the UK, apart from the restrictions explained below

• study, subject to the ATAS condition of Appendix ATAS

For more information, see:

• public funds

Employment for dependants of a Student

Family members of Student can work (in line with UK employment law) in the UK except when:

• they are being granted leave as a dependant after previously being the Student’s dependant when the Student had permission to study a full-time course of 6 months or longer and the Student is now applying for permission to study a new full-time course that is less than 9 months in length (unless the Student is continuing a course of study on which they had previously been granted at least 9 months permission for)

• they are being granted leave as a dependant after previously being the Student’s dependant when the Student had permission to study a full-time course of 6 months or longer and the Student is now applying for permission to study a new full-time course below degree level

Professional sportsperson

A person with leave as the dependant partner of a Student cannot take employment as a professional sportsperson (including as a sports coach).

Study in a discipline covered by Appendix ATAS of the Immigration Rules

If the partner or child commences study whilst over the age of 18, they will be subject to the ATAS condition limiting study. The condition prohibits study in a discipline covered by Appendix ATAS of the Immigration Rules, unless the individual obtains an Academic Technology Approval Scheme (ATAS) certificate for their course or research before they start it.

For more information, see: Grant or refuse extension: partners.

Endorsement for entry clearance applications

If the caseworker is granting permission for an application for entry clearance to a dependant partner of a Student, they must use the endorsement - D TIER 4 (GENERAL) DEP. PARTNER

If the caseworker is granting permission for an application for entry clearance to a dependant child of a Student they must use the endorsement - D TIER 4 (GENERAL) DEP. CHILD

Dependant of a Student: refusal paragraphs

This section tells caseworkers which paragraphs of the Immigration Rules to use when setting out the reason an applicant as the dependant of a Student has been refused permission.

Reason for refusal	Paragraph of the Immigration Rules
Suitability requirements	Appendix Student ST29 and sub- paragraphs
Entry requirement	Appendix Student ST 30 and sub- paragraphs
Student course requirement	Appendix Student ST 31 and sub- paragraphs
Relationship requirement for a dependant partner	Appendix Student ST 32 and Appendix Relationship with Partner
Financial requirement for a dependant partner	Appendix Student ST 33 and sub- paragraphs Appendix Finance
Relationship requirement for a dependant child	Appendix Student ST 36A.1 and Appendix Children Relationship Requirement: Entry Clearance and Permission to Stay
Care requirement for dependant child	Appendix Student ST 36A.1 and Appendix Children Care Requirement
Age requirement for a dependant child	Appendix Student ST 36A.1 and Appendix Children Age and Independent Life Requirement
Financial requirement for a dependant child	Appendix Student ST 37 and sub- paragraphs Appendix Finance