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Students from Pakistan who are affected by the floods and who need to apply for further leave within the UK

27 August 2010

Some students who need to make immigration applications in the UK to extend their leave may face difficulties meeting all of the requirements of Tier 4 due to the recent floods in Pakistan, for example if they are unable to access their funds or specific documents. We asked the UK Border Agency (UKBA) how it plans to deal with immigration applications from students and others who have been affected by the floods in Pakistan.

The UKBA replied that, as far as possible, you should show that you can meet all the requirements of the immigration category under which you want to apply, for example, Tier 4 or Tier 1 (Post-Study Work). However, it has advised its caseworkers to consider each case on its own merits.

This means that, if you are having particular difficulties in meeting any of the requirements of your immigration category because of the floods, you can still make your application and you should always try to do this before your current immigration permission expires. You must explain your difficulties, for example, problems in obtaining funds or documents from Pakistan, as fully as possible. If you know when you are likely to receive your funds or documents, you should provide this information. Caseworkers will take your explanation into account when deciding whether to grant permission to stay in the UK.

Possible benefits available to international students who are experiencing a temporary disruption to their funds from abroad

12 August 2010

International students who are experiencing a temporary disruption to their funds from abroad, such as those affected by the current flooding in Pakistan, may be eligible to apply for certain benefits, including income support and housing benefit. Students may be eligible to claim for these benefits for a maximum of 42 days.

For further details please read UKCISA's information sheet on Welfare Benefits.

Tier 4 visa applications - temporary suspension lifted in Southern China

12 August 2010

From today, 12 August 2010, the UK Border Agency is lifting the suspension at the three South China visa application centres (Guangzhou, Fuzhou and Shenshen) for Tier 4 student applications for all courses except English language courses. This coincides with the mandatory English testing for specific courses, which also comes into effect today.

All Tier 4 suspensions have now been lifted, with the exception of applications for English language courses made in North India, Nepal, Bangladesh and South China.

Tier 4 visa applications - temporary suspensions in North India, Bangladesh, Nepal and Southern China

28 July 2010

On 22 July 2010, the UK Border Agency (UKBA) announced that they were partially lifting the suspension on Tier 4 visa applications in North India, Bangladesh and Nepal for those who want to study in the UK. These posts are now accepting all Tier 4 Child student applications as well as Tier 4 General applications for students wanting to study courses at:

• degree-level, National Qualifications Framework level 6 / Scottish Credit and Qualifications Framework level 9, or above
• foundation degree level (as defined by UKBA in the Immigration Rules)

On 12 August 2010, the UKBA will announce that the continuing suspensions in North India, Bangladesh and Nepal will be lifted for Tier 4 General applications from students who want to study all other academic courses which meet the Tier 4 requirements. At the same time, the UKBA intend to introduce a mandatory English language test for students applying for Tier 4 visas who want to study these particular courses - below degree-level (excluding foundation degrees).

For more information regarding the mandatory English language tests, please read the UKCISA information sheet Making a student immigration application in your home country.

Students who wish to study English language courses (including pre-sessional courses) are still not able to apply for a Tier 4 General visa in Northern India, Bangladesh or Nepal. The UKBA have said that this suspension will continue.

The current suspensions of Tier 4 visa applications remain in place in Southern China.

Tier 1 (Post-Study Work)

26 July 2010

On 23 June 2010, the Court of Appeal held that if you applied for immigration permission under Tier 1 (Post-Study Work), you did not have to show that you had held the required funds for a period of three months. The reason for this decision was that the three-month requirement was contained only in policy guidance. This policy guidance is not approved by Parliament and can be changed at any time. This decision applies to all tiers of the Points Based System.

Following this judgment, the UK Border Agency (UKBA) amended the Immigration Rules so that, from 23 July 2010, the requirement to hold funds for a specified period is now in the Immigration Rules.

However, if you made an immigration application before 23 July 2010 and you met all the requirements except for the need to hold funds for a three-month period, or 28-day period if you applied under Tier 4, you may still be successful. The UK Border Agency has issued guidance about how it is dealing with applications made in the UK up to and including 22 July 2010 and entry clearance applications made outside the UK between 23 June and 22 July 2010 inclusive.

This guidance applies to the following:

• applications which the UKBA has not yet decided
• applications which the UKBA has refused without the right of appeal
• refused applications which went to appeal and the appeal was dismissed
• applications currently going through the appeals process.

Note that if you apply or applied on or after 23 July 2010, this guidance is not of relevance to you and you must meet all requirements.

Court of Appeal case of Pankina

UK Border Agency guidance on maintenance