Protecting your Student status

Last modified: 20 October 2020

This page is for anyone who has, or who is applying for, Student Route immigration permission. Your Student permission can be in the form of an entry clearance vignette/sticker, a residence permit vignette in your passport, or a Biometric Residence Permit (BRP) card. See When your visa is issued (for entry clearance) and Biometric residence permit (for leave to remain).

From 5 October 2020, 'Tier 4 student leave' became 'Student permission' and 'Child student permission', when the new Student Route was introduced. In using the terms 'Student permission' and 'Child student permission', this page is referring to anyone with leave granted under Tier 4 or under the new Student or Child Student Routes. However, where requirements differ we will aim to make this clear.

Student permission is granted with immigration conditions, which are usually printed on your immigration documentation. You also have requirements and obligations related to the Immigration Rules, your studies, and your Student sponsor. This section explains all of these, plus some general good practice on protecting your Student status.

Student conditions

Last modified: 16 October 2020

Your Student immigration permission will be subject to certain conditions. It is very important that you understand these conditions. A breach of conditions can have serious consequences for both your current Student permission and any future immigration applications you may make.

Study

ATAS

Police registration

Work conditions

'No recourse to public funds'

Considerations regarding the Immigration Rules

Last modified: 16 October 2020

In this section, we discuss some of the considerations you should have for the Immigration Rules you had to satisfy when you applied for your Student immigration permission, and how certain changes could affect your immigration position or future applications.

Living costs

Criminal convictions, driving offences

Bank statements

Biometric Residence Permit (BRP)


Good practice

Last modified: 16 October 2020

In this section we explain the importance of preparing for a new Student application, we tell you the things you should keep in your own files, and we explain one of the key responsibilities you have as the holder of Student permission.

Prepare to extend your visa

Keep copies of important documents

Report changes of circumstances

Sponsor duties

Last modified: 20 October 2020

All Student sponsors have specific duties they must undertake. These duties are outlined in Sponsorship duties at the Home Office Student sponsor guidance.

Your Student sponsor must provide information about you to the Home Office in a process called 'reporting'. Your Student sponsor must meet these duties even when you are:

  • doing a work placement as part of your course; or
  • studying at a partner institution that was named on your Confirmation of Acceptance of Studies (CAS).

If your Student sponsor does not inform the Home Office of something that it should, it could lose its Student sponsor licence.

If your institution submits a report about you to the Home Office, then you need to be aware of what can happen next. You will find examples of what your institution may need to report, below.

Non-enrolment or late enrolment

Attendance and participation

Breaks from study

Withdrawing, finishing early, switching out of Student permission

Breaking your immigration conditions

Avoid overstaying

Last modified: 16 October 2020

Overstaying means allowing your visa, or BRP, to expire whilst you remain in the UK. Overstaying is a criminal offence. There is no period within which you can lawfully overstay.

If you submit a valid application for further leave to remain before your current visa/BRP expires, and your application is still being decided when your current visa/BRP expires, you will not be an overstayer in this post-expiry period. Instead your previous immigration permission and the conditions attached to it will continue while your application is pending.

If you become an overstayer, and then wish to make a new Student application in order to remain in the UK, your Student sponsor may not issue you a CAS in order for you to do this and/or it may withdraw any unused CAS that you were issued before you became on overstayer. Seek advice from your Student sponsor about its policies on issuing CAS to overstayers, and on whether someone who makes such an application can study.

Overstaying will have serious consequences for any future immigration applications that you make. If you overstay by more than 30 days you will normally be prohibited from coming back to the UK for at least 12 months from the date you leave the UK. Overstaying in the UK could also affect applications you make for entry to countries other than the UK. You must tell the truth in immigration applications and declare any periods of overstay if asked about them. If you are found to have used deception in an immigration application you are likely to be barred from the UK for ten years.

If you need more time in the UK to complete your studies, see Making a Student route application in the UK.


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