All Articles: Students

Statement of changes HC 246: rules finally amended to provide for victims of transnational marriage abandonment

A new statement of changes has been laid today. Most of the changes relate to the EU Settlement Scheme and travel document requirements for school groups visiting the UK from France. There are also three new appendices (taking us up to 81 separate app ...

7th December 2023 By

What should UK employers make of the government’s five-point plan to reduce immigration?

On Monday the new Home Secretary presented a “five-point plan” to reduce UK immigration after a feverish fortnight of the right of the Conservative party, most of the opposition, plus every news outlet badgering him about the Office for National S ...

7th December 2023 By

TLScontact in unsuccessful challenge to new Home Office contract

It appears that we may start seeing changes in overseas visa processing centres soon, after TLScontact was unsuccessful in an attempt to stop the Home Office from entering into a new contract with VFS Global. The case is Teleperformance Contact Ltd v ...

19th October 2023 By

‘Minded to cancel’ process applies to dishonesty allegations at the UK border

A student whose leave was cancelled on arrival was wrongly denied the opportunity to comment on an allegation of falsified English language qualifications. So held the High Court in R (on the application of Tazeem) v Secretary of State for the Home De ...

28th July 2023 By

Statement of changes HC 1496: asylum, EU Settlement Scheme, and restrictions on students

On 17 July 2023, a new statement of changes to the Immigration Rules was published. As usual, it is accompanied by an Explanatory Memorandum. Also as usual, it is largely concerned with cracking down on those perceived as abusing immigration law. Ther ...

18th July 2023 By

Rule changes for international students and dependents to reduce net migration

In a written statement to parliament today, Suella Braverman announced that the government intends to tighten the rules for international students in an attempt to bring down net migration figures, which are due to be published this Thursday, 25 May. ...

23rd May 2023 By

Students hit by immigration status processing delays entitled to student loans

The regulations on student finance in England list different categories of people who are eligible for student loans. One category is people who are “settled” in the UK on the first day of the first academic year of their course. To be settled in ...

13th January 2022 By

Briefing: how to apply for a student sponsor licence

International students are worth billions to the UK economy in higher education fees and indirect expenditure, benefitting local communities financially as well as enriching them in non-economic terms. Being able to attract overseas students is crucia ...

21st June 2021 By

Changes to Student and Short-term Student routes from 1 December 2020

The Immigration Rules covering student visas were substantially revised in early September 2020, with the changes coming into force on 5 October. As Nath has noted, this means that the student routes were not as affected as other categories by the maj ...

10th November 2020 By

International students wrongly accused of cheating are losing hope

Many years ago, when I planned to come to the UK for higher education, I never imagined that I would be falsely labelled as a fraud. My whole world fell apart when I read a letter from the Home Office six years ago, accusing me of using a proxy in my ...

14th October 2020 By

Statement of changes to the Immigration Rules: HC 707 – “new Points-Based Immigration System” rules for students

Is a statement of changes even a statement of changes nowadays if it doesn’t introduce a new appendix to the Immigration Rules? On 10 September 2020, the government laid the first statement of changes of its infamous “new Point-Based Immigration S ...

11th September 2020 By

Government provides (not much) further detail on the UK’s new points-based immigration system

Immigration lawyers up and down the land leapt out of bed this Monday morning, eager to glut out on the promised detail of the UK’s new points-based immigration system. How disappointed we all are. The snappily titled UK’s Points-Based Imm ...

13th July 2020 By

Universities, schools and colleges urgently need international student guidance

On 19 May 2020, a number of media outlets reported that there will be no face-to-face lectures at Cambridge University until summer 2021. The university issued a statement the next day in which it said there had been “partial reporting of only o ...

21st May 2020 By

Tribunal takes trip down memory lane with student visa appeal

The headnote of Rana (s. 85A; Educational Loans Scheme) Bangladesh [2019] UKUT 396 (IAC) deals with two matters: 1. There was nothing in s 85A of the 2002 Act preventing the Secretary of State from adducing evidence. 2. The requirement to show that a ...

21st January 2020 By

University strikes: what do they mean for international students and staff?

Today sees the start of industrial action, including strikes, across 60 universities. Members of the University and Colleges Union are striking over pensions, pay and conditions for the next eight days, with other forms of action planned when they ret ...

25th November 2019 By

Will the Graduate Immigration Route live up to expectations?

With the Brexit psychodrama continuing to monopolise airtime and public attention, it would be easy to overlook the government’s recent announcement of a new visa route for foreign students in the UK. Providing a bit of relief from the general d ...

30th October 2019 By

Plague of incorrect Biometric Residence Permits causes havoc across education sector

September and October are important and busy enrolment periods for Tier 4 student visa sponsors. Immigration compliance teams had enough to contend with this academic year with the introduction of passport eGates, which means having to find evidence o ...

16th October 2019 By

Return of two-year post study work visa announced

The two-year post study work visa has returned from the dead, apparently. Multiple statements, from the Prime Minister, the Business Secretary, the Department for Education and, last and least, the Home Office have been released announcing the resurre ...

11th September 2019 By

Statement of changes to the Immigration Rules HC 2631: changes to work visa routes

A new statement of changes to the Immigration Rules was published yesterday, 9 September 2019. This post will cover changes to work and student visa routes, while a separate post deals with changes to the EU Settlement Scheme and other changes br ...

10th September 2019 By

Home Office tries to tackle eGates problem that makes short-term study illegal

Since 20 May 2019, people from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA have been able to enter the UK using ePassport gates (‘eGates’). British and EU citizens have been able to use eGates since 2008. The ...

18th June 2019 By

No deal planning: Home Office forgets about Scotland

Depending on which pundit you speak to, a no-deal Brexit has either got more likely or less likely over the last couple of weeks. It remains the default if the UK-EU withdrawal agreement is not passed at the third time of asking, and a further extensi ...

26th March 2019 By

No duty of fairness to student left in the lurch by college

Last week the Court of Appeal dealt with the issue of fairness and discretion in the context of the Points Based System. Specifically, it decided that such values take a firm second place to predictability. The case is R (Dharmeshkumar Bhupendrabhai P ...

27th February 2018 By

Student accused of ETS fraud found to have been unlawfully detained

In R (on the application of Iqbal) v Secretary of State for the Home Department [2017] EWHC 79 (Admin) the Secretary of State for the Home Department (SSHD) was found to have unlawfully detained a claimant whom they had alleged had fraudulently obtai ...

15th March 2017 By

Home Office ‘abuse of power’ over English Language Testing student

The President of the Immigration and Asylum Chamber of the Upper Tribunal has found that the Home Office abused its power in forcing a college to expel a student and deliberately depriving him of a statutory right of appeal. The case has now been r ...

11th January 2017 By

Court of Appeal has finally had it with the Points Based System

The Points Based System is notoriously complex and indecipherable. Initially I believe this was simply incompetence on the part of Home Office officials unable to communicate in plain English and ill equipped to design to and then adapt to the constan ...

8th December 2016 By

Court of Appeal unhappy with Home Office position and submissions in student case

“Technical”, “deeply unattractive”, “disingenuous”, “singularly lacks merit”, “ridiculous”, “inappropriate”, “extraordinary”. All words used by Elias or Vos LLJ to des ...

16th May 2016 By

*UPDATED* Tribunal rejects Home Office fraud allegation in ETS case but fails to report determination

President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan Qadir v Secr ...

13th May 2016 By

Inspection report finds chaotic Home Office practices in student cases

A recent report by the Chief Inspector of Borders and Immigration, David Bolt, revealed that the management of curtailment decisions in Tier 4 cases is inconsistent and the Home Office is unable to deal with the thousands of curtailment cases and ...

29th March 2016 By