From 4 July 2011, some new immigration rules will affect Tier 4 (General), Tier 4 (Child), PBS (Dependant) applications made on or after that date. We are updating our website to include full details of these changes. Meanwhile, here are the most significant changes that will affect you if you apply on or after 4 July 2011, with some possible action points if you are eligible to apply before this date.

These new rules relate to applications made on or after 4 July 2011. They do not impose any additional restrictions or conditions on existing Tier 4 leave or Tier 4 Dependant leave.

Working during your studies

You will be entitled to work only if you study at either a Higher Education institution or a publicly funded Further Education college. If you are studying at a different type of institution, for example a private Further Education college, and you want to have the option to work, you will need to apply for immigration permission before 4 July 2011, if you are eligible to do so.

Your family's immigration

You can bring or keep dependants in the UK if:

* you are studying a postgraduate course that lasts 12 months or longer, at a Higher Education institution; or
* you are a Government-sponsored student on a course that lasts 6 months or longer; or
* you are applying for immigration permission to study a course of six months or more, your dependant(s) is applying with you, and within 3 months of the date of your application you had (or were last granted) immigration permission under Tier 4 or as a student

If you do not come under any of these three definitions, and you wish to bring or keep someone in the UK as your Tier 4 dependant, you will need to apply for immigration permission before 4 July 2011, if you are eligible to do so.

Evidence of maintenance for Tier 4 applications

From 4 July 2011, Tier 4 application forms will include a formal declaration that maintenance funds are genuinely available to you to pay for living and studying in the UK.

Students from certain countries that the UK Border Agency has defined as "low risk", who are applying in their country of nationality or in the UK for permission to study with a Highly Trusted Sponsor, will normally need to provide no further formal evidence of maintenance. These countries are listed at paragraph 12 in the Tier 4 Policy Guidance. If you are a national of a "low risk" country, the UK Border Agency still has the right to request further evidence of your maintenance. If they do request the evidence, and you do not provide it, your application will be refused.

The UK Border Agency has clarified that the date of the closing balance on any financial statement used in a Tier 4 application will be counted as the 28th day of the 28-day period for which the funds must have been held. They have also clarified that this day must be no more than 31 days before the date of application.

The UK Border Agency says it intends to publish on its website a list of banks and other financial institutions whose statements they will not consider as evidence in Tier 4 applications, but on 16 June 2011 the list was not yet available.

Academic Technology Approval Scheme (ATAS) clearance

The list of courses for which students must receive ATAS clearance has been extended for courses commencing on or after 1 January 2012. If your course is on the extended list, your Confirmation of Acceptance for Studies (CAS) will include confirmation that you need ATAS clearance.

Academic progress

From 4 July 2011, the Immigration Rules specify that a Tier 4 sponsor can normally only issue a Confirmation of Acceptance for Studies (CAS) for a course that represents "academic progress from previous study undertaken", or which confirms that the new course complements or enhances your previous study in the UK. There are some specific exceptions, including for students who are applying for more time to re-sit an examination or repeat a module.

If you are applying for immigration permission to study a course that does not represent academic progression from previous study that you undertook with Tier 4 or student leave, either you will need to obtain your CAS on or before 3 July, or your Tier 4 sponsor will need to confirm in the CAS that the course complements or enhances your previous study.

UK Border Agency advice about Libya and other countries affected by world events
13 April 2011

The UK Border Agency has provided some brief advice about what you should do if your immigration permission to be in the UK is coming to an end but you cannot leave and return safely to your country.

UK Border Agency news item
Changes to tuition fees and Student Support regulations in England
17 February 2011

If you have applied for asylum and you have been granted Discretionary Leave, you will no longer be eligible for 'home' fees and Student Support for a higher education course in England. This is because the Government has restricted eligibility to those with Humanitarian Protection and their family members. This change came into effect on 9 February.

Note that this change will not affect you if:

* you are studying in Wales, Scotland or Northern Ireland or you apply for Student Support in one of those countries
* you are studying in England but you have already started your course or your course will start before 1 April 2011
* you applied for Student Support before 9 February
* you are taking a further education course in England.

If you have queries about this change and how it might affect you, you should talk to your college or university. If this is not possible, you can call our advice line for students.

Australian government has lowered the visa assessment levels for international students from 38 countries, including India, under which they would now be required to provide less documentary evidence to support their claims for the grant of visa.
International student visa assessment levels were lowered for 38 countries including India across one or more subclasses from April 2nd this year, according to official statement released recently.
In 2009—10, there were 270,499 student visas granted across the seven subclasses, with 382,710 student visa holders in the country as on 30 June 2010, of whom 80,450 were from India, 80, 010 were from China and 21,720 were from South Korea.
The assessment levels are periodically reviewed and adjusted to reflect changing immigration risk outcomes.
Following the Department of Immigration and Citizenship (DIAC) review in 2010, the government has decided to implement changes to reduce some student visa assessment levels.
A student visa entitles international students to come to Australia on a temporary basis for a specified period to study at an Australian educational institution.
“Prospective students and their families, agents and education providers should be aware that these changes will lower the minimum evidentiary requirements needed for the grant of a student visa for the selected countries and education sectors,� a DIAC spokesman said in the statement.
“However, the reductions to assessment levels do not change the likelihood of a former student in Australia obtaining permanent residence. While many international students apply for permanent residence when they complete their studies, this is an entirely separate process and there is no guarantee that, on the basis of having held a student visa, a person will meet the requirements to be granted permanent residence,� he said.
The skilled migration programme is designed to meet the needs of the Australian labour market and strengthen the economy.
Requirements for permanent skilled migration will change from time to time and there is no particular course that guarantees a permanent visa.
“Students should not make educational choices solely on the basis of expecting to achieve a particular migration outcome, because the skilled migration programme will continue to change and adapt to Australia’s economic needs,� the spokesman said.
Applicants will be required to provide less documentary evidence to support their claims for the grant of a student visa. These may include evidence of English language proficiency, financial capacity and academic qualifications.

The U.S. Department of Homeland Security raided the University of Northern Virginia on Thursday morning, hauling away computers and boxes of paperwork and notifying the suburban Washington institution that it may lose its ability to accept foreign students.

A Homeland Security spokeswoman, Cori Bassett, said Thursday night that she could not provide details about what led federal agents to raid Northern Virginia, citing an ongoing investigation.

The raid on Northern Virginia, which has called itself the most popular American university for Indian students, is likely to cause an uproar in India, the second-largest sender of foreign students to the United States.

Federal regulations say that foreign students must be physically present on campus and can take no more that a single course per semester online. Northern Virginia officials have said that its students commute regularly to Virginia to attend classes.

From ICE Site
Student and Exchange Visitor Program (SEVP)-certified schools are subject to a review of their certification at any time based on regulations.

On July 28, 2011, pursuant to a review of University of Northern Virginia’s (UNVA) certification, an SEVP representative served school officials at UNVA with a Notice of Intent to Withdraw (NOIW) the school’s SEVP-certification and SEVIS access.

Remember Tri Valley University Raid? Now comes University of Northern Virginia raid by FBI
Several Students have posted comments that raised concerns about UNVA. Infact one student said “UNVA should Next on ICE’s List�

The U.S. Department of Homeland Security raided the University of Northern Virginia on Thursday morning, hauling away computers and boxes of paperwork and notifying the suburban Washington institution that it may lose its ability to accept foreign students.

A Homeland Security spokeswoman, Cori Bassett, said Thursday night that she could not provide details about what led federal agents to raid Northern Virginia, citing an ongoing investigation.

The raid on Northern Virginia, which has called itself the most popular American university for Indian students, is likely to cause an uproar in India, the second-largest sender of foreign students to the United States.

Federal regulations say that foreign students must be physically present on campus and can take no more that a single course per semester online. Northern Virginia officials have said that its students commute regularly to Virginia to attend classes.

From ICE Site
Student and Exchange Visitor Program (SEVP)-certified schools are subject to a review of their certification at any time based on regulations.

On July 28, 2011, pursuant to a review of University of Northern Virginia’s (UNVA) certification, an SEVP representative served school officials at UNVA with a Notice of Intent to Withdraw (NOIW) the school’s SEVP-certification and SEVIS access.