UK Visa Regulations Updates

In November 2008, the United Kingdom Border Agency (UKBA) began implementing a five-tier visa regulation system that affects both education abroad programs within the United Kingdom and any foreign students or participants. NAFSA has created this update page to provide information to international educators from a variety of sources on these changes. If you have questions or concerns about the new visa regulations, or if you have information that you would like to share with your colleagues through this update page, please submit to NAFSA leaders through IssueNet: Report an Issue.

June 29, 2009
Cautionary tale: an institution reports that a U.S. student going on a University short-term study tour attempted to enter the UK as a visitor without prior entry clearance but did not have the appropriate documentation for UKBA to allow the student to enter as a student visitor, such as a letter from the institution. The student was detained and denied entry, then returned to the US.

June 26, 2009

UKBA has provided NAFSA with a copy of the presentation used  during the Education Abroad Student Visa Hot Topics session at NAFSA's 2009 Annual Conference & Expo in Los Angeles.

June 24, 2009
Los Angeles Consulate announces change of venue for In-Person services. Visit UK Consulates Offer In-Person Services to Student Visa Applicants for details on all UK Consulate In-Person Services.

June 19, 2009
The UK Border Agency has provided written answers to questions submitted by attendees of the Education Abroad Student Visa Hot Topics session at NAFSA's 2009 Annual Conference & Expo in Los Angeles that were not answered there. Topics include financial aid, faculty-led programs and more. Read the full questions and answers in NAFSA's Regulatory Information Document Library.

June 8, 2009
The UK has brought back the BUNAC card for pure internship programs for up to six months. The BUNAC Blue Card Internship Program UK is a Government Authorised Exchange (GAE) supported by the UK Department of Innovation, Universities and Skills (DIUS). As program sponsor, BUNAC is authorised to issue a Certificate of Sponsorship to successful applicants who can then apply for a visa before entering Britain. However, there are some new rules. On this new internship program, participants are required to arrange the position before applying for a visa, and the intern must be paid at least minimum wage while in the UK unless the UK agency sponsoring the internship is exempt from the minimum wage law. See www.bunac.org/usa/interninbritain for more information.

May 22, 2009
The United Kingdom Border Agency has announced that each of the Consulates in the US are planning to offer in-person services to Tier 4: Student Visa applicants over the summer period. Read more at UK Consulates Offer In-Person Services to Student Visa Applicants.

May 20, 2009
As of June 1st students will have to demonstrate that they have held the requisite tuition and maintenance funding for 28 days. The concession currently in place allowing students to simply show possession of the funding at the date of application will end May 31st. Any students traveling soon may wish to apply before this change occurs. As long as their online form is submitted on or before 31st May, UKBA will consider them under the current concession (even if the visa package does not arrive in our office until June).

May 15, 2009
An institution reports that two U.S. law school students going to the UK for a summer internship program attempted to enter the UK as student visitors, but were detained for several hours and almost deported because they did not have a student visa. Eventually, the students were allowed to enter as student visitors on the condition that they would not do any work. NAFSA is sharing this story to emphasize that the UK is enforcing these provisions, and students on internship programs who attempt to enter as student visitors may be detained or even returned to the U.S.

May 4, 2009
The UKBA has shared a Power Point presentation regarding Student Visas and the Student Visitor Route used at recent outreach meetings with education abroad advisers in Los Angeles, New York City, and Washington, D.C. In addition, the UKBA has shared UK Student Visitor Letter Templates for institutions to use in the development of letters for students entering as "student visitors."

UKBA advises that the online application system homepage still has the previous application form as an option. PLEASE NOTE: When starting the application process online, for the "Purpose of Application," students should select the "PBS Tier 4 Student" option, not the other option simply named "Student."


April 6, 2009
The UK Border Agency has provided NAFSA with official versions of:

• UK Student Visas Step-by-Step Guide for U.S. Passport Holders
• Visa Application Checklist for PBS: Tier 4: (General) Student Visa

March 30, 2009
The UK Border Agency has posted a number of Quick Quides for Tier 4: Student Visa for students and advisers in preparation for the implementation of the Tier 4: Student Visa on March 31, 2009, including:

• Guidance for Students Applying from 31 March 2009
• Apply Online - Tier 4: Student Visa application (for use on and after March 31, 2009)
• Required Information for the Letter of Offer from the academic provider
• What type of student visa do I need? Differentiates between the “student visitor” and “adult student” categories.
• UKBA Facebook Page for Students (includes links to 3 Facebook groups for Study Abroad, Undergraduate and Graduate students)  

Note:

• Student applications submitted online before 31 March (up to and including 30 March) will be processed under the old rules and old forms. The consulates will accept the old forms under the old rules providing they are submitted within 2 weeks of the biometrics collection.
  • UKBA has clarified that they do not count weekends or holidays; UKBA will accept old forms under the old rules provided they are submitted within 14 working days from the time of the biometrics appointment.
• All applications made online on and after 31 March will be made under the Tier 4 category and will therefore need to comply with the new rules and requirements; applicants will need to complete a new Tier 4 form to submit to the consulate.
• Students must use the PBS Tier 4 Student Visa option when applying online after 31 March. The system still shows a "Student option" which is not the correct application.

March 4, 2009
The UK Border Agency began enforcing new regulations for the Tier 4 Student Visa on March 31, 2009, including the requirement for some programs to have a license to sponsor participants who require a Student Visa/prior entry clearance.

If an institution has education abroad programs in the United Kingdom that are 6 months or longer, or involve a work placement/internship component (paid or unpaid), participants will need a prior entry clearance student visa, and the institution will need a sponsor license. Since registration and the license process can take up to 6-8 weeks, institutions need to apply now if they have not already. See the links to the right for additional guidance and application forms, and see the section "Applying for a Sponsor License" below for an overview of the license process.

If an institution only has programs that are less than 6 months and do NOT involve a work placement/internship, students who are U.S. nationals* may apply at the UK border to enter as “Student Visitors,” which only requires that the institution is "accredited."**

* Note: "visa nationals" may still need to apply for a visa to enter as student visitors. See the UKBA web page Visa Nationals to see if your country of origin requires a visa to enter the UK.

** Note: the UKBA has clarified that for this purpose, "accredited" institutions include:

• A UK-Accredited Educational Institution
• An institution that holds a Tier 4 Sponsor Licence, or
• US Institution of Higher Education which is delivering only part of its program in the UK and holds its own national accreditation and awards degrees equivalent to those in the UK (eg study abroad programmes).

For more information on sponsor licenses or accreditation, see the NAFSA Practice Advisory: UK Visa Regulations Update- Sponsor Licenses or Accreditation of Institutions.

If your institution has already applied for a license, the new Consular Affairs Liaison Subcommittee of the Education Abroad Regulatory Practice Committee is interested in hearing about your experience. Please share your experience with your colleagues by reporting to IssueNet: Report an Issue.


December 31, 2008
Effective December 31, 2008, the BUNAC Blue Card is no longer available for pure internship programs in the UK. While the UK government and the U.S. Dept. of State are in negotiations to create a visa option for internships under the Tier 5: Youth Mobility scheme in the future, there is currently no visa option for pure internships that do not involve study. For programs with a work placement/internship component that previously utilized the BUNAC Blue Card, the institution may need to carefully examine whether the program will fit within the requirements of the Tier 4: Student Visa. Read more at UK Visa Options for Education Abroad Internships.


September 23, 2008
The U.S. Embassy in London released a message with the following information important to international educators:

In November 2008, the UK Border Agency (UKBA) will begin to implement a five-tier visa regulation system. Information on the new points-based system, and transitional arrangements for American citizen work permit holders and dependents already in the United Kingdom, can be found at the UKBA website on the Points Based System.

Educational establishments must also apply for a sponsorship license. Even American education institutions that only offer short-term study abroad programs in their own premises in the United Kingdom to students who are enrolled in the United States, and who come to the United Kingdom for one or two semesters before returning home to finish their degree courses, must apply for a license from the UKBA. Information for education providers may be found on the UKBA web page on Tier 4 - Sponsoring Students.

Students and prospective students who intend to stay longer than six months, and those coming for less than six months but who wish to work while studying, are required to obtain a student or prospective student visa in advance of traveling to the United Kingdom. Failure to do so will result in the student or prospective student being refused entry to the United Kingdom. Students may apply on line at the Visa4UK web site.