Employment restricted for dependants of specified Tier 4 students

Policy effect

For applications made from March 3, 2010, family-member leave carried a no-employment condition where the Tier 4 principal studied below degree level, excluding foundation-degree courses. Family members could instead qualify in their own right under Tier 1 General or the specified Tier 2 General, Minister of Religion or Sportsperson routes; partner switching provisions were amended to enable that alternative. Applications made before March 3 retained the previous rules and resulting leave conditions.

Conditions and exceptions

Validated condition or limit: Applications made before March 3 retained the previous rules and resulting leave conditions.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… o remain for a course of study that is longer than six months.” 11. In paragraph 319D(b)(iv), after “employment” substitute “.” with “,” and insert: “(v) if the Relevant Points Based System Migrant is a Tier 4 Migrant who is following a course of study below degree level study (excluding a foundation degree course), no employment.” 12. After paragraph 319H(h)(iii), insert: “(i) If the Relevant Points Based System Migrant is a Tier 4 Migrant, the Tier 4 Migrant must be applying for or have entry clearance or leave to remain for a course of study that is longer than six months.” 13. In paragraph … 319I(b)(iii), after “employment” substitute “.” with “,” and insert: “(iv) if the Relevant Points Based System Migrant is a Tier 4 Migrant who is following a course of study below degree level study (excluding a foundation degree course), no employment.”. 4 Published by TSO (The Stationery Office) and available from: Online www.tsoshop.co.uk Mail, Telephone, Fax & E-mail TSO PO Box 29, Norwich, NR3 1GN Telephone orders/General enquiries: 0870 600 5522 Fax orders: 0870 600 5533 E-mail: [email protected] Textphone: 0870 240 3701 The Parliamentary Bookshop 12 Bridge Street, Parliament … ng term-time, and full-time during vacations. Amendments to Rules for family members 7.5 The Immigration Rules are being amended so that a family member of a Tier 4 Migrant who is following a course of study which is six months or less in duration, will not be permitted to accompany the Tier 4 Migrant to the UK. 7.6 In addition, where a Tier 4 Migrant is following a course of study which is below degree level (except for those on a foundation degree course), family members will not be permitted to take employment, unless they qualify in their own right under Tier 1 (General), Tier 2 (General), … Tier 2 (Minister of Religion) or Tier 2 (Sportsperson) of the Points-Based System. The Immigration Rules for these categories of Tier 1 and Tier 2 are being amended to allow the Partners of Tier 4 Migrants to apply for leave to remain in the United Kingdom. 7.7 Transitional arrangements are being put in place so that applications will be decided in accordance with the Immigration Rules in place on the date the application was made, that is, any applications made before 3 March 2010 will be decided in accordance with the Rules in place on 2 March 2010, before these changes take effect. 8. Cons … 6 (HC 130), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711) and 10 December 2009 (HC 120). The changes in this Statement shall take effect on 3 March 2010. However, if an applicant has made an application for entry clearance or … leave to enter or remain before 3 March 2010 and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 2 March 2010 and the conditions applicable to any leave granted will be those in force on 2 March 2010. 1. In paragraph 6, after the definition of “degree level study”, add: ““foundation degree” means a programme of study which leads to a qualification awarded by a UK higher education institution with degree awarding powers which is at a minimum of level 5 on the revised National Qualifications Framework, or level 8 on the Scottish … rsons in, the United Kingdom. 4.3 This Statement of Changes in Immigration Rules has been incorporated into a consolidated version of the Immigration Rules, which can be found under the ‘Policy and Law’ page at: www.ukba.homeoffice.gov.uk, where there are also copies of all the Statements of Changes in Immigration Rules issued since May 2003. 4.2 These changes to the Immigration Rules will come into force on 3 March 2010. However, if an application is made before 3 March, it will be decided in accordance with the Rules in force on 2 March 2010, regardless of the date that decision is made. The … conditions applicable to any leave granted further to an application made before 3 March 2010 will be those conditions set out in the rules in force on 2 March 2010. 5. Territorial Extent and Application 5.1 This instrument applies to all of the United Kingdom. 6. European Convention on Human Rights 6.1 As this Statement of Changes in the Immigration Rules is subject to the negative resolution procedure and does not amend primary legislation, no statement is required. 7. Policy Background What is being done and why 7.1 A summary of the policy changes contained in this Statement of Changes in …

Review method

Two separate automated exact-claim source reviews

Other United Kingdom changes operative in 2010

• 2010-01-13Borders, Citizenship and Immigration Act 2009
• 2010-03-03Minimum course duration introduced for Tier 4 family applications
• 2010-03-03Term-time work limit reduced for specified Tier 4 students
• 2010-04-06Asylum-interview record signature requirement removed
• 2010-04-06Consent safeguards added for sponsored workers under 18
• 2010-04-06Earlier qualifying grants recognised for specified Tier 1 English-language criteria
• 2010-04-06Higher duration limit for older Tier 4 Child students
• 2010-04-06ICT Graduate Trainee sub-category introduced
• 2010-04-06ICT Skills Transfer sub-category introduced
• 2010-04-06Lower partner-visa age threshold for serving HM Forces
• 2010-04-06Monaco added to the Youth Mobility Scheme
• 2010-04-06Sponsored researchers permitted to switch from qualifying work permits into Tier 5
• 2010-07-19Interim Limits on Tier 2 (General) Certificates of Sponsorship (HC 96)
• 2010-09-09Permission to Work for Asylum Applicants and Fresh Claimants (Cm 7929)
• 2010-11-29Statement of Changes in Immigration Rules (Cm 7944) - English Language Requirement for Partners
• 2010-12-21Tier 2 General interim certificate allocation specified in the Immigration Rules
• 2010-12-23Tier 1 General closed to new entry-clearance applications