IDI C3 Student Prospective Students

7/27/2019 IDI C3 Student Prospective Students

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Page 1 of 17 Prospective students v6.0 Valid from 13 February 2013

Prospective students

This guidance is based on the Immigration Rules.


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About this guidance

Key facts

Entry or extension

requirements

Grant or refusing entry

clearance

Grant or refuse entry at

UK port

Grant or refuse anextension of stay

Dependants

Immigration Rules part 3, paragraphs 82 to 87.

This guidance tells you how to consider applications from people who apply for leave asprospective students.

This category is for people who intend to study in the UK but have not completedarrangements for their course of study and need to enter the UK to do so.

This guidance does not replace the Immigration Rules and you must read the relevant rulestogether with this guidance. See related link: Immigration Rules paragraphs 82 to 87.

Changes to this guidance This page tells you what has changed since the previousversion of this guidance.

Contact This page tells you who to contact for help if your senior caseworker or linemanager cant answer your question.

Information owner This page tells you about this version of the guidance and who owns it.

Safeguard and promote child welfare This page explains your duty to safeguard andpromote the welfare of children and tells you where to find more information.

In this section

Changes to this

guidance

Contact

Information owner

Related links

Links to staff intranetremoved

External links

Immigration Rules

paragraphs 82 to 87
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3


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Key facts

This page shows you the key facts for prospective students.

Category: Prospective students

Eligibility criteria An applicant must:

show a genuine and realistic intention to take a course of

study that meets the Tier 4 requirements, within sixmonths of entering the UK

intend to leave the UK:o on completion of their studies, oro on the expiry of their leave to enter if they are not able

to meet the requirements for an extension of stay orleave to remain as a Tier 4 student.

maintain and accommodate themselves and anydependants without recourse to public funds or working

have entry clearance in this category

spend no more than six months in the UK in this category.

Application forms Initial VAF3A (VAF3B for dependants)Extension FLR(O)Settlement not applicable

Cost of application: Fees for UK Border Agency services

Entry clearance Yes
http://www.ukba.homeoffice.gov.uk/aboutus/fees/http://www.ukba.homeoffice.gov.uk/aboutus/fees/http://www.ukba.homeoffice.gov.uk/aboutus/fees/


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Changes to this guidance

Key facts

Entry or extension

requirements


clearance


UK port


Dependants

This page lists the changes to the prospective students guidance, with the most recent atthe top.

Date of the change Details of the change

13 February 2013 Six month review by the modernised guidanceteam:

Minor housekeeping changes.

22 August 2012 Six month review by the modernised guidanceteam:

Minor housekeeping changes.

16 February 2012 For the 16 February 2012 changes you willneed to access version 4.0 which is nowarchived. See related link: Prospectivestudents - archive.

11 August 2011 For the 11 August 2011 changes you will needto access version 3.0 which is now archived.See related link: Prospective students -archive.

18 February 2011 For the 18 February 2011 changes you willneed to access version 2.0 which is nowarchived. See related link: Prospectivestudents - archive.

Related links

See also

Contact

Information owner



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4 August 2010 Completely revised by the modernisingguidance programme.


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Entry or extension requirements

Key facts

Entry or extension

requirements


clearance


UK port


Dependants

This page tells you how to check if a prospective student application meets the requirementsto be granted leave.

When considering an application you must check:

the application is valid

the applicants passport or travel document is genuine

the applicant meets the substantive requirements of the category, and

there are no general grounds for refusal.

For more information, see related links:

Specified application forms and procedures

IDI passports & travel documents General grounds for refusal.

Entry Clearance Guidance Visit and Transit (VAT).

An applicant must meet the requirements of paragraphs 82 to 87 of the Immigration Rules inorder to be granted leave as a prospective student. An applicant must:

show a genuine and realistic intention to take a course of study that meets the Tier 4requirements, within six months of entering the UK

intend to leave the UK:o on completion of their studies, oro if they are not granted as a Tier 4 migrant, when their leave expires

maintain and accommodate themselves and any dependants without recourse to publicfunds or working

have entry clearance in this category, and

spend no more than six months in the UK in this category.

Related linksSee also


External links

Immigration Rules

paragraphs 82 to 87

Entry Clearance

Guidance Visit and

Transit (VAT)
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vathttp://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vathttp://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vathttp://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vathttp://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vathttp://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vathttp://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vathttp://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vathttp://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vathttp://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3


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Grant or refuse entry clearance

Key facts

Entry or extension

requirements


clearance


UK port


Dependants

This section tells you how to grant and refuse prospective student entry clearanceapplications.

Grant entry clearanceApplicants must be able to show they will start their studies within six months of arriving inthe UK. They may be able to provide evidence of:

the start date of the course in a letter of acceptance

a prospectus with details of the course

an invitation to an interview

an application for acceptance.

If a person meets all of the requirements of paragraph 82 of the Immigration Rules and none

of the general grounds for refusal in paragraph 320 apply you must grant entry clearance.You can grant them up to six months leave. You must check the leave does not expirebefore an applicants course is due to start.

You must grant leave on code 3 conditions and endorse the entry clearance withPROSPECTIVE STUDENT: LTE 6 months, Code 3.

Refuse entry clearanceIf the applicant does not provide the evidence required to show they meet the requirementsof paragraph 82 or if any of the general grounds for refusal in paragraph 320 apply, youmust refuse the application.

Right of AppealIf you refuse entry clearance, the applicant will have a limited right of appeal.

For examples of refusal wording, see related link: Entry clearance refusal wording.

In this section

Entry clearance refusal

wording



External links

Immigration Rules

paragraphs 82 to 87

Immigration Rules

paragraphs 320 to 324
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3


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Entry clearance refusal wording

Key facts

Entry or extensionrequirements

Grant or refusing entryclearance

Grant or refuse entry atUK port


Dependants

This page gives you some suggested wording for refusing applications for entry clearanceas a prospective student.

IntroductionYou have applied for entry clearance to the United Kingdom as a prospective student, but

Applicant does not have a realistic intention to switch into the Tier 4 migrant categoryI am not satisfied that you can demonstrate a genuine and realistic intention of undertaking,within 6 months of your date of entry, a course of study which would meet the requirementsof the Immigration Rules for an extension of stay as a Tier 4 migrant.Paragraph 84 with reference to 82(i)(a)

Applicant does not intend to leave the UK at the end of their study or after their leave

expiresI am not satisfied that you intend to leave the United Kingdom on completion of your studiesor on the expiry of your leave to enter if you are not able to meet the requirements of theImmigration Rules for an extension of stay as a Tier 4 migrant.Paragraph 84 with reference to 82(ii)(a)

Applicant cannot meet the cost of the course and maintain and accommodate them selfI am not satisfied that you will be able, without recourse to public funds, to meet the costs ofyour intended course and accommodation and the maintenance of yourself and anydependants while making arrangements to study, and during the course of your studies.Paragraph 84 with reference to 82(iii)

In this section

Grant or refuse entry

clearance

External links

Immigration Rulesparagraphs 82 to 87


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Grant or refuse entry at a UK port

Key facts





Dependants

This section tells you how to grant and refuse entry at a UK port to a person seeking entryas a prospective student.

Grant entryIf a person meets all the requirements of a prospective student and they have entry clearancein this category, you must grant them entry to the UK.

The main points on which you must be satisfied are:

the passenger has valid entry clearance as a prospective student

the passenger genuinely intends to study as a Tier 4 migrant and leave the UK after theirstudies, and

there are no grounds for cancelling the permission to enter the UK, under paragraph 2A

of schedule 2 to the Immigration Act 1971.

You must endorse the passport with your personal date stamp to record the start of the leaveto enter.

The statistical code is VPS. The code for ISCID is STS Short term student.

Refuse entryYou must refuse leave to enter if the passenger does not meet all of the requirements ofparagraph 82 to 87 of the Immigration Rules or if any of the general grounds for refusal inparagraphs 320 to 321A of the Immigration Rules apply.

For more information on refusing entry, see related link: Refusal of leave to enter.

For examples of refusal wording, see related link: Leave to enter refusal wording.

In this section

Leave to enter refusal

wording



External links



Immigration Act 1971schedule 2
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.legislation.gov.uk/ukpga/1971/77/schedule/2http://www.legislation.gov.uk/ukpga/1971/77/schedule/2http://www.legislation.gov.uk/ukpga/1971/77/schedule/2http://www.legislation.gov.uk/ukpga/1971/77/schedule/2http://www.legislation.gov.uk/ukpga/1971/77/schedule/2http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part3


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Leave to enter refusal wording

Key facts





Dependants

This page gives you some suggested wording for refusing applications for leave to enter asa prospective student.

IntroductionYou have applied for leave to enter the United Kingdom as a prospective student but yourapplication has been refused.

Visa national with no entry clearanceUnder the Immigration Rules, you are required to produce a passport or other identitydocument endorsed with a valid and current United Kingdom entry clearance issued for thepurpose for which entry is sought, and you do not have such entry clearance.Paragraph 320(5)

Non-visa national with no entry clearanceUnder the Immigration Rules you are required to have a valid entry clearance for thispurpose and you do not have such entry clearance.Paragraph 84 with reference to 82(iv)

For more information on refusing leave to enter to passengers who have entry clearance, seerelated links:

Cancellation of entry clearance (not conferring leave)

Cancellation of entry clearance.

In this section


UK port



External links




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Grant or refuse an extension of stay

Key facts





Dependants

This section tells you how to grant and refuse applications for leave to remain as aprospective student.

Grant an extensionIf a person meets all the requirements for a prospective student and there are no generalgrounds for refusal, you must grant them leave to remain. They must have been grantedentry clearance in this category to be granted an extension. It is not possible to switch intothis category.

It is unlikely you will see many applications for an extension of leave as a prospectivestudent as most people are given the maximum six months entry clearance. If the entryclearance officer granted less than six months leave you must make sure the reasons forthis no longer apply. You can do this by requesting the applicants visa application form or

checking on the Central Reference System (CRS).

A person cannot have more than six months leave in total as a prospective student. Youmust make sure the leave you grant does not take the applicants total leave in any capacityto more than six months.

The CID code is S4 Student extension other than to end of course.

You must grant leave on code 3 conditions.

Refuse an extension

If an applicant does not meet all of the requirements in paragraph 85 of the ImmigrationRules, or if any of the general grounds for refusal in paragraphs 322 apply, you must refusean extension of leave.

If the applicant has existing leave on the date you refuse the application or did not have anyleave on the date they applied they will not have a right of appeal. This is the caseregardless of the reason why their application is refused.

In this section

Extension refusal

wording



External links




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Extension refusal wording

Key facts





Dependants

This page gives you some suggested wording for refusing applications for an extension ofleave as a prospective student.

IntroductionYou have applied for leave to remain in the United Kingdom as a prospective student but yourapplication has been refused.

Applicant was not admitted to the UK with a valid prospective student entry clearanceIn view of [insert reason here], the Secretary of State is not satisfied that you were admitted tothe United Kingdom with valid entry clearance as a prospective student.Paragraph 87 with reference to 85(i)

Applicant does not have a realistic intention to switch into the Tier 4 migrant categoryIn view of [insert reasons here], the Secretary of State is not satisfied that you can demonstratea genuine and realistic intention of undertaking, within six months of your date of entry, acourse of study which would meet the requirements for an extension of stay as a student underparagraphs 245ZX or 245ZZC of the Immigration Rules.Paragraph 87 with reference to 85(ii) and 82(i)(a)

Applicant does not intend to leave the UK at the end of their study or after their leaveexpiresIn view of [insert reasons here], the Secretary of State is not satisfied that you intend to leavethe United Kingdom on completion of your studies or on the expiry of your leave to enter if youare not able to meet the requirements of the Immigration Rules for an extension of stay as a

student in accordance with paragraph 245ZX or 245ZZC of the Immigration Rules.Paragraph 87 with reference to 85(ii) and 82(ii)(a)

Applicant does not meet the maintenance and accommodation requirementIn view of [insert reason here], the Secretary of State is not satisfied that you will be ablewithout working or recourse to public funds to meet the costs of your intended course andaccommodation and the maintenance of yourself and any dependants while making

In this section

Grant or refuse

extension of stay

External links



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arrangements to study, and during the course of your studies.Paragraph 87 with reference to 85(ii) and 82(iii)

The applicant would spend more than six months leave in the UK if they were grantedan extensionIn view of [insert reason here], the Secretary of State is satisfied that you would, as a result of

an extension of stay, spend more than six months in the United Kingdom.Paragraph 87 with reference to 85(iii)


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Dependants

Key facts





Dependants

This page tells you which dependants can be granted leave to join a person with leave as aprospective student.

Spouses and civil partners of prospective students can be granted leave under paragraphs76-78 of the Immigration Rules.

Children of prospective students can be granted leave under paragraphs 79-81 of theImmigration Rules.

For more information, see related links:

Partners of students and prospective students

Children of students and prospective students.



External links



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Contact

Key facts





Dependants

This page explains who to contact for more help with a specific case in the prospectivestudents category.

If you have read the relevant Immigration Rules and this guidance and still need more helpwith this category, you must first ask your senior caseworker or line manager.

If the question cannot be answered at that level, you may email the non-points-basedsystem (PBS), operational policy, Sheffield team for guidance on the policy, see related link.

Changes to this guidance can only be made by the modernised guidance team (MGT). Ifyou think the policy content needs amending you must contact the non-PBS, operationalpolicy, Sheffield team, see related link, who will ask the MGT to update the guidance, ifappropriate.The MGT will accept direct feedback on broken links, missing information or the format, styleand navigability of this guidance. You can send these using the related link: Email:Modernised guidance team.

Related links

Changes to this

guidance

Information owner

External links




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Information owner

Key facts





Dependants

This page tells you about this version of the prospective students guidance and who owns it.

Version V6.0

Valid from date 13 February 2013Policy owner Non points-based system (PBS), operational

policy, Sheffield

Cleared by director Steve LambDirectors role Director, temporary migration, North East,

Yorkshire and the Humber

Clearance date 03 August 2011This version approved forpublication by

Jan Hunter

Approvers role Acting assistant director, modernised guidance

teamApproval date 12 February 2013

Changes to this guidance can only be made by the modernised guidance team (MGT). Ifyou think the policy content needs amending you must contact the non-PBS, operationalpolicy, temporary migration Sheffield team, who will ask the MGT to update the guidance, ifappropriate.The MGT will accept direct feedback on broken links, missing information or the format, styleand navigability of this guidance. You can send these using the related link: Email:Modernised guidance team.

Related links

Changes to this

guidance

Contact

External links



IDI C3 Student Prospective Students

Documents

Transcript of IDI C3 Student Prospective Students