Tighter rules for international students (10/02/2010)

Today the UK Home Secretary Alan Johnson announced that international students who wish to study in the UK will be required to meet stricter criteria in future.

The new requirements for international students follow a review of Tier 4 of the points based system (PBS). The review looked at whether the current arrangements meet the right balance between facilitating access by genuine students and preventing abuse by economic migrants.

The new requirements are targeted and proportionate and continue to support the UK government's commitment to ensuring that the UK remains an attractive destination to legitimate international students who want to benefit from the world class education that the UK has to offer. 

The next step will be to discuss the details of the implementation of the changes with the education sector.

he Home Secretary said:

"The points based system was introduced to provide a rigorous system to manage legitimate access to the UK to work and study, with the ability to respond to changing circumstances.

"We want foreign students to come here to study, not to work illegally, and today we have set out necessary steps which will maintain the robustness of the system we introduced last year. I make no apologies for that."

The new requirements for adult students will include the following, and be introduced in three stages:

• raising the level for English language students coming under Tier 4 from A2 (beginner) to B2 (intermediate). The only exceptions to this will be for overseas government-sponsored English language students and students on pre-sessional English language courses as preparation for full degree courses;
• students studying below degree or foundation degree level will be restricted to working for 10 hours per week during term-time (a reduction from 20 hours), with full time employment permitted during the holidays;
• students studying on courses of six months or less will not be entitled to bring their dependants to the UK unless they qualify in their own right under one of the other PBS tiers and  
• dependants of students studying courses below degree or foundation degree level will not be permitted to take employment in the UK unless they qualify in their own right under one of the other PBS tiers.

These requirements require changes to the Immigration Rules and are expected to come into effect on 3 March 2010.

In addition:

• the government will establish a "highly trusted sponsor programme". The details of the programme will be developed with the education sector over the next couple of months. This is expected to come into effect on 6 April 2010, from which date:
• only Highly Trusted Sponsors will be able deliver NQF level 3 courses and
• only Highly Trusted Sponsors can deliver work placement courses below degree level.
• the government will also develop with partners a mandatory English language test for students coming to study below degree level which will demonstrate English language proficiency to the required standard (B1) and be officially approved by the UK Border Agency. The aim is to implement this by early Summer 2010.

Minister for Business, Innovation and Skills, Pat McFadden, said:

"Genuine international students are welcome in the UK. They make a significant contribution to the academic and cultural life of the universities and colleges where they study and bring over £5.3 billion to our economy each year. But where there is abuse it undermines the position of genuine students as much as anyone else.

"It is important that we protect the reputation and quality of our institutions by ensuring only legitimate students are able to benefit from the courses they offer. This is why we will work closely with the education sector to implement the recommendations of the review."

In addition, today the UK Border Agency published proposed new fees for immigration and nationality services which are set at or below the cost of processing. The Tier 4 visa fee will rise from £145 to £199 with effect from 6 April 2010. Although international students are being asked to pay more, they continue to pay less than it costs to process a Tier 4 visa and this is in recognition of the importance of international students to the UK.

Notes for Editors

• The Implementation Plan for Tier 4 of the PBS can be found at UKBA website.
• The Prime Minister announced the review of Tier 4 on 12 November 2009. The review was conducted by the Department for Business, Innovation and Skills and the UK Border Agency. It looked at the case for and against policy changes and specifically the potential impact of raising the minimum level of study an adult may undertake in the UK, introducing English language test for those coming to the UK to study below degree level, restricting access to vocational courses (courses with work placements) and the work entitlements of students.
• Students wishing to learn English and who are at beginner level, will still be able to come to the UK to study for a maximum of six months under the student visitor route (not Tier 4). Student visitors will be able to study English language at levels below B1 with an education provider that is accredited by a UK Border Agency-approved accreditation body.
• Current guidance for Tier 4 student visa applications is available at UKBA website.
• The UK Border Agency publishes annual entry clearance statistics in August each year.
• Visa fees are reviewed every year. They are debated in Parliament and implemented at start of the new financial year when fee guidance will be issued to customers.