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Immigration Matters

When planning your studies in the UK, you need to investigate what type of entry clearance or visa you need to obtain BEFORE you travel. The notes below are intended for guidance, but for complete information on the requirements that apply in your country, please check with your local British Mission (British Embassy, High Commission or Consulate). For the address and telephone numbers of your local British Mission see http://www.fco.gov.uk then click on ‘Directory’ followed UK Embassies Overseas’.

For UK Government information on general requirements for visa applications, application forms and official guidelines see http://www.ukvisas.gov.uk/
 
Who needs to obtain entry clearance?

If you are currently outside the United Kingdom, you may need to apply for entry clearance before you travel. The entry clearance process for the United Kingdom is run by UK Visas through various British diplomatic posts around the world. Your nearest British Council office or British Mission will be able to tell you whether or not you need a visa. You can also check on the Internet by going to http://www.ukvisas.gov.uk and selecting ‘Do I need a UK visa?’ You will need to be certain whether you have to apply for a visa or entry clearance BEFORE you travel to the UK. This will depend on your current nationality.

 
European Economic Area and Swiss Nationals

If you are a national of a European Economic Area (EEA) country or a Swiss National, you do not need entry clearance to enter the UK. You have the right of free movement and residence in the UK, although certain EEA nationals have to register under the Workers’ Registration Scheme if they want to work whilst they are in the UK

EEA nationals may want to apply for a free residence permit during your stay in the UK. A residence permit simply confirms that you have a right to live in the United Kingdom under European Community law. A residence permit is not compulsory, but it is advisable, and will be particularly useful if you stay in the UK to work after your studies, or have a spouse or children who are non-EEA nationals.

Non-EEA/Swiss family members who are not visa nationals will need EEA Family Permits before they travel to the UK, if they are coming to join you for more than 6 months. A Family Permit is similar to a visa, but is issued free of charge. Any visa national family members coming with or joining you need EEA Family Permits, regardless of how long they plan to stay. For further information and advice for EEA nationals wishing to study, work and live in the UK, please visit the Home Office website at http://www.ind.homeoffice.gov.uk. The following publication also contains very useful information for EEA and Swiss nationals: http://www.ukcosa.org.uk/images/eea.pdf

If you are a Visa National, you need to make sure that you obtain entry clearance as a student. If you mistakenly obtain entry clearance as a visitor, you will not be allowed to stay any longer than 6 months. You will then have to return to your country and apply for entry clearance as a student before being allowed to continue your studies.

 
Non Visa Nationals (i.e. non EEA, Swiss or visa nationals)

As of 13th November 2005, all other nationals (i.e. non EEA, Swiss or visa nationals) seeking to enter the UK for MORE THAN 6 MONTHS are required to obtain prior entry clearance. If you are a Non Visa National and you do not obtain prior entry clearance, then you will be refused entry to the UK, and be forced to return home to obtain the required entry clearance.

If you are a Non Visa National and you are intending to stay in the UK for LESS THAN 6 MONTHS, then you are not obliged to apply for entry clearance prior to coming to the UK. However, there are advantages of applying for prior entry clearance even if it is not obligatory:

 
  You can proceed through immigration a lot more quickly when you arrive.
  You can persuade the Entry Clearance Officer to give you a condition which allows you to work. If you wait
    until you arrive to apply for clearance, you are likely to be given a condition which prohibits you from working.
  Obtaining prior entry clearance also guarantees that if you are refused entry into the UK when you arrive, you
    have the right of appeal against that decision.
  If you make your application when you arrive in the UK, the maximum period of leave you will be given is 6
    months. If you need to extend your leave (if the Immigration Rules allow you to) you will need to make an expensive application to the Home Office (fees start from £295).
  If you do not apply for prior entry clearance as a student (or prospective student) and you need to extend
    that leave to study on a course that is below degree level, application to extend your leave will be refused.
 
How to apply for a Visa or entry clearance?
 
Where do I apply?

You should contact your nearest British Mission and explain that you would like to apply for student entry clearance. Your British Mission will be able to provide you details of when, where and how you need to submit your application. They can also help with things like processing times, documents required and any latest updates. The actual procedure used by the British Missions can vary from post to post. For the address and telephone numbers of your local British Mission see http://www.fco.gov.uk  then click on ‘Directory’ followed UK Embassies Overseas’.

 
When should I apply?

Make sure that you apply in plenty of time (you will need your Certificate of Acceptance), as certain Missions get very busy prior to the start of the academic year. You may miss the start of term if you have to wait for the application to be processed, and you will not be permitted to start your programme late. Make sure you check how long it takes to process applications in your country, as times vary.

 
How do I apply?

If you wish to apply for entry clearance as a student, you should complete form VAF1 (and any related forms, if applicable).These are available free of charge from your nearest British Mission, or can be downloaded from the Internet: http://www.ukvisas.org.uk then click on ‘How to Apply’ followed by ‘Application forms and guidance’. Scroll down to the bottom of the page and click on ‘Application Form - VAF1’

 
What are the legal requirements for obtaining entry clearance as a student?

Requirements for leave to enter as a student are laid down in the Immigration Rules http://www.ind.homeoffice.gov.uk/ind/en/home/laws_policy/immigration_rules/part_3.html
The requirements to be met by anyone seeking leave to enter the United Kingdom as a student are as follows. He/she:

 
(i)   has been accepted for a course of study which is to be provided by an organisation which is included on
    the Department for Education and Skills’ Register of Education and Training Providers, and is at either;
  (a) a publicly funded institution of further or higher education which maintains satisfactory records of
    enrolment and attendance of students and supplies these to the Border and Immigration Agency when requested; or
  (b) a bona fide private education institution; or
  (c) an independent fee paying school outside the maintained sector which maintains satisfactory
    records of enrolment and attendance of students and supplies these to the Border and Immigration Agency when requested; and
     
(ii)   is able and intends to follow either:
  (a) a recognised full time degree course at a publicly funded institution of further or higher education; or
  (b) a weekday full time course involving attendance at a single institution