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UNITED KINGDOM: Statement of Changes to the Immigration Rules March 2022 | Educational Sponsorship
March 21, 2022
Following the Home Office’s Statement of Changes (StoC) of 15 March 2022,
in this alert we focus on those scheduled changes to the Immigration Rules catering for education-based routes.
In line with the UK Government’s “Plan for Growth”, the Statement of Changes to the Immigration Rules introduces changes relating to Appendix Student, Appendix Short-term Student and Appendix Graduate of the Immigration Rules.
1.Appendix Student
Effective from: 6 April 2022
Analysis:
- Work conditions: the rules are being amended to allow students switching to the Graduate route to begin working full time in a position that fills a permanent vacancy, provided they have successfully completed their course and made a valid application to the Graduate route. This will allow those students who make a valid application on the Graduate route to take up an offer of employment for a role they intend to continue during their Graduate permission at the point they have passed their course without needing to wait for their application to be decided.
- Financial requirements: three minor amendments are to be made to the financial requirement section:
- A technical correction has been made to the financial requirement to clarify that students do not need to hold the specified level of funds for a 28-day period if they are being officially financially sponsored or relying on a student loan;
- A clarification that if the funds held in the applicant’s account on the date of decision fall substantially below the level of funds required, the difference must have been used to pay for outstanding course fees, a deposit for accommodation, or other costs associated with the proposed course of study in the UK; and
- A corresponding amendment has been made to sections relating to dependents to remain consistent with the above rule.
- Changes to work placement requirements: permitting such a placement as part of a course at degree level or above (as recognised by Ecctis) where the student is enrolled at a higher education institution overseas and is undertaking a study abroad programme in the UK, in line with the longstanding policy position on such placements.
- Academic progression: impacting students on integrated programmes who are considered to be moving onto a discrete, lower-level course when their sponsor decides they are not able to finish the higher master’s/PhD qualification, based on progress to date. A previous update to this requirement allowed someone to be considered to still be academically progressing when leaving with the lower-level qualification of an integrated programme. This amendment aligns students whose sponsor considers them to now be on a different course at the lower level with that policy intention.
2. Appendix Short-term Student
Effective from: 6 April 2022
Analysis: a technical amendment is to be made to clarify that a course has to be at least six months long and no longer than eleven months.
3. Appendix Graduate
Effective from: 6 April 2022
Analysis:
- Travel document: Graduate applicants used to have to provide a passport or other travel document to satisfactorily establish their identity and nationality. The rules shall be updated to allow an applicant to provide a non-travel document (i.e. a Biometric Residence Permit), as proof of identity and nationality;
- Student permission: the study in the UK requirement has been amended to ensure it accurately reflects the policy intention that a Student is expected to hold Student permission for the relevant period of time rather than just be undertaking study for a relevant period;
- Covid-19 concessions: in light of the Covid-19 concessions, allowances for distance learning have been extended to 6 April 2022. Students will not be prevented from being eligible for the Graduate route if they undertook remote learning between 21 June 2021 and 6 April 2022.
Organisations and individuals impacted by this development are encouraged to contact a Newland Chase immigration specialist for case-specific advice. For general advice and information on immigration and business travel to the UK, please contact us.
This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Case for any case- or company-specific assessments.
