Statement of changes in immigration rules

15 Mar 2016

On 11th March 2016, the Home Office published the Statement of Changes in Immigration Rules HC 877.

Please see a summary the relevant changes below.

Course changes with same sponsor

•  A Tier 4 (General) student may only change courses with the same sponsor, without first applying to UKVI for a new visa, if:

       o   the sponsor is an HEI with Tier 4 Sponsor status;

       o   the course is at degree level or above and not at a lower level than the previous course;

       o   the new course can be completed within the period of leave they currently hold; and

       o   if the applicant has previously been granted Tier 4 leave, the sponsor confirms that the              course is related to the previous course, or the previous course and the new course                       in combination support the applicant’s genuine career aspirations

Academic Progression

•  Further restrictions on in-country applications - students who wish to make an application for leave to remain must be studying at degree level and above.

Time limit calculation (degree level)

• Clarification has been added to specify that for the purposes of calculating how much time has been spent contributing to the time limits, the period of leave granted, and the level of course for which the leave was granted, will be counted, rather than (if different) periods and courses actually studied.

• Time spent as a Tier 4 (General) student under the age of 18 will now be included in the time cap calculations.

Right to work- Setting up businesses

• Definition of self-employment has been tightened to prohibit students from setting up their own business in the UK whilst studying.

Please be aware that all of this is coming into effect on 6th April 2016.

Further clarification is being sought from the Home Office by UKCISA (in particular regarding time limit calculation) and further information will be circulated in due course.

Further info please visit GOV.UK

If you have any questions regarding this change by UKVI, or are concerned about your application through BPA, please do not hesitate to contact us.