First steps

A guide for educational institutions to help international

students obtain entry clearance 2007–08

www.educationuk.org
This guide is to help you, as an educational
institution, to prepare non-EEA students1 to apply
for entry clearance, more commonly known as
a visa, to the United Kingdom. It summarises the
Immigration Rules and procedures, suggests things
you can do to help students, and tells you what
to do if entry clearance is refused. The information
in this booklet aims to improve our service
to help you advise international students of the
entry clearance/immigration procedures.

2
Who needs entry clearance in order
to travel to the UK?
In 2004–05 UK visas dealt with over 2.5 million
visa applications at over 150 British Missions
worldwide. Demand for visas increased by
14 per cent in 2004–05 (compared with the
preceding 12 months), placing increasing
pressure on the entry clearance operation.2
The British Council advises educational
institutions to visit the UK visas website at
www.ukvisas.gov.uk, for general visa information,
and the Foreign and Commonwealth Office
(FCO) website at www.fco.gov.uk for British
Mission (Embassy, Consulate or High Commission)
contact details. By contacting British Missions
overseas, you can get to know the staff
and how visa sections operate. Occasional
visits to British Missions will give you a better
understanding of visa work, and meeting
visa staff will improve mutual understanding.
From 1 September 2007 all students wishing
to enter the UK to study must obtain entry
clearance before arriving in the UK. The only
exceptions are British nationals (overseas),
British overseas territories citizens, British
overseas citizens, British Protected persons
and British subjects, for whom entry clearance
is not compulsory but probably advisable, and
non-visa national, short-term students who
may prefer to enter under the new Student
Visitor route – see page 4. A student entry
clearance will permit the holder to travel to the 1 The countries of the
EEA are Austria, Belgium,
UK and present themselves at a port of entry. Bulgaria, Cyprus, the Czech
Republic, Denmark, Estonia,
In addition, from 1 September 2007, all Finland, France, Germany,
students who are coming to the UK to finalise Greece, Hungary, Iceland,
Italy, Latvia, Liechtenstein,
their study arrangements (known as Lithuania, Luxembourg,
Malta, the Netherlands,
prospective students – see page 8) must
Norway, Poland, Portugal,
obtain a prospective student entry clearance Republic of Ireland,
Romania, the Slovak
before arriving in the UK. The Immigration Republic, Slovenia, Spain,
Rules are available on the Home Office Sweden and the UK. In
addition, Swiss nationals
website at www.bia.homeoffice.gov.uk. will be able to travel to
the UK for work or study
They must satisfy the entry clearance officer on a similar basis to
EEA nationals.
(ECO) at a British Mission that they meet the
2 From April 2005, UK visas
Immigration Rules before they leave for the will operate a new target to
UK. The ECO will then issue them with entry process visa applications.
This will allow 15 days to
clearance (more commonly known as a visa), process those applications
that require checks or
in the form of a vignette placed in their
an interview. This is in
passport. The entry clearance should normally recognition of the growing
complexity of many cases
be valid for the whole length of their course and to ensure ECOs do
(see ‘Length of permission given to students not feel under pressure to
decide cases too quickly.
with entry clearance’ on page 4). When they The previous target
allowed ten days for cases
arrive in the UK, the immigration officer at the requiring interview. For
port of entry (e.g. Heathrow or Gatwick airport) further information visit
www.nao.org.uk/publications/
will put a date stamp in their passport to show nao_reports/03-04/
0304367.pdf and go to
when they entered the UK. The date their leave
‘Visa entry to the UK; the
expires is the end date shown on the visa. entry clearance operation’.
3
 Student visitors
From 1 September 2007 a visitor who wishes
to combine a visit to the UK with a short period
of study may do so under a new category –
Student Visitor. This category can also be used
by students who wish to come for six months
or less and who do not wish to take part-time
employment or to extend their stay in the
UK. Non-visa nationals using this route will
not require entry clearance and can continue
to seek permission to enter the UK from an
immigration officer at a UK port of entry. All
short-term students who intend to work or
extend their stay in the UK should not use
the student visitor route but instead should
be advised to obtain a student entry clearance.
Visa nationals will require a prior entry
clearance if they wish to enter the UK in
this category. To check if your students are
visa nationals you should visit the UK visas
website. This features a visa enquiry form
where applicants can check if they require a
visa; go to www.ukvisas.gov.uk/doineedavisa.
The visa national list features in the Immigration
Rules (see page 3) and the list also appears
in the UKCOSA Manual at the time the manual
was published (annually), and additions to
it are notified to UKCOSA members through
UKCOSA briefings.
In addition to meeting the requirements
of the rules for visitors, student visitors are
required to show that the institution providing
the course is included on the Department
for Education and Skills Register of Education
and Training Providers. The maximum period
allowed in this category is six months but,
unlike visitors, student visitors cannot obtain
an extension to their leave in the UK where
the original leave was given for less than
six months.
Note: the Immigration Rules have changed
and do not now allow visitors to study – the
Student Visitor category or Student category
should be used instead. Student Visitors will
not be able to extend their stay in the UK, nor
will they be permitted to work at all.

Length of permission given

to students with entry clearance
ECOs should give leave for the following  students on courses of six months or less
periods: should be given the length of their course
plus up to a maximum of seven days.
 postgraduate students should be given the
length of their course plus four months Students should be advised to check the
validity of their entry clearance upon receipt.
 students on courses of one academic year
If they are given entry clearance for an
or more and which finish in the summer
incorrect period, they should ask to see the
should be given until 31 October following
entry clearance manager at the British Mission.
the end of their course
The entry clearance manager can correct the
 students on courses of a 12-month period length of their permission to be in the UK, if a
that do not coincide with the normal mistake has been made.
academic year should be granted leave to
enter for two months after the completion
of their course

4
Charges for extending students’ stay in the UK
If students need to stay on in the UK for further
studies after their period of permission to be
in the UK runs out, they will need to apply to
extend it. Overseas nationals who did not enter
the UK with a student or prospective student
entry clearance will not qualify for leave as a
student unless:
 they already have leave to stay in the UK
as a student or to re-sit an examination; or
 they have leave in the UK as a students’
union sabbatical officer, a work permit
holder, under the Fresh Talent: Working
in Scotland Scheme or under the Science
and Engineering Graduate Scheme (or
its successor, the International Graduate
Scheme) provided their course of study
is at degree level or above.
They must fill in application FLR(S), available from
the Application Forms Unit at the Border and
Immigration Agency (contact details on page 17)
or from its website www.bia.homeoffice.gov.uk.
The website also includes ‘Making an immigration
application’ and ‘Information about charges’.
Changing status
Regardless of their nationality visitors cannot
switch into the student category. Visa and non-
visa nationals should make sure they apply for
entry clearance as students rather than as
visitors (see also section on Student Visitors).
People who do not have a student or
prospective student entry clearance cannot
switch into the student category unless:
 they have leave to stay in the UK to re-sit
an examination; or
 they have leave in the UK as a students’
union sabbatical officer, a work permit
holder, under the Fresh Talent: Working
in Scotland Scheme or under the Science
and Engineering Graduate Scheme (or
its successor, the International Graduate
Postal applications cost £295, and a same-day
service for personal callers costs £500.
Students should post their application to the
address given on the application form before
their existing permission to stay in the UK runs
out. If they make a valid application before
their permission to stay ends, their existing
immigration status will continue until their
application is decided, even if the decision is
not made until after the end of their stay. If
their existing visa allows them to work, they can
continue to do so until their case is decided.
The following students often have to apply
for extensions:
 students on English language courses,
who are often on a series of short courses
(they will pay to extend for each course)
 students on English language courses and
foundation courses preparing for a degree
course; these students usually need an
extension of time after they have completed
their first course.
Scheme) provided their course of study
is at degree level or above.
If students do not yet meet the Immigration
Rules for students because they have not
yet finalised their study arrangements, they
should try to make sure that they meet the
Immigration Rules for prospective students
described on page 8. People with entry
clearance describing them as ‘prospective
students’ are allowed to extend their stay
as students. However, they have to pay
a fee to the Border and Immigration Agency
for extending their stay, of £295 or £500
(2007 prices). That is why it is better to
come to the UK as a student rather than
as a prospective student.
5
 Bringing a wife/husband/civil partner
and children to the UK
Students will usually be allowed to bring They should make sure each of them applies
their wives/husbands/civil partners and any before his or her permission to stay expires.
children under 18 years of age to the UK, as
The student’s wife/husband/civil partner or
long as they can show that they can support
children will receive immigration conditions
and accommodate them without seeking any
that will allow them to work if the student’s
recourse to public funds. They may also need
leave to remain in the UK as a student lasts
to show the entry clearance officer (ECO) their
for 12 months or more. This is the case even
marriage certificates, and a birth certificate for
if the family members’ leave is less than 12
each child. Their family will normally be given
months. They should make sure that they
permission to stay in the UK for the same period
have a copy of the student’s passport with
as the student.
them if they are travelling after him or her, as
If their families’ period of permission to be in the ECO will need to see the pages showing
the UK will run out before the students finish the student’s name, entry clearance vignette
their studies, they will need to apply to the and how long his or her permission lasts. If the
Home Office for an extension. Students should student’s leave was granted for less than 12
try to include them on their form when they months, his or her wife/husband/civil partner
apply for an extension, so that they have to and children will not receive immigration
pay only one fee of £295 or £500. If they conditions that will allow him or her to work.
each apply separately, they will have to pay
£335 or £500 for each separate application.

6
Working while studying
Students on courses of more than six months
are usually given immigration conditions in
their passports that allow them to work part-
time up to 20 hours a week during term-time
and full-time during vacations. If they have
these conditions, they will not need permission
from a job centre or individual permission
from the Department for Work and Pensions.
More information about working while studying
in the UK is available at www.dfes.gov.uk/
international-students/ltoo.shtml.
To meet UK immigration requirements,
however, they must show that they can pay
their course fees and living expenses without
working in the UK (see the Immigration Rules
on page 10), so they cannot therefore expect
to finance their studies in this way. They should
be told that it is not easy to find suitable work.
However, students can meet some of their
costs through earnings from employment
if that employment is either:
Working when their studies have ended
If an employer obtains a work permit for a
student who has completed a recognised
degree in the UK, the student is now able
to switch from being in the UK as a student
to being in the UK as a work permit-holder,
without having to leave the UK. Students can
find information about the current position by
clicking on ‘Working in the UK’ on the Home
Office’s website – www.ind.homeoffice.gov.uk.
Since summer 2005 students who have
been awarded an HND, undergraduate
degree, Master’s degree or PhD by a Scottish
university or college and who have lived in
Scotland while they were studying can apply
to the Fresh Talent: Working in Scotland Scheme
a provided and guaranteed by their publicly
funded institution of further or higher
education, in which case you need to
provide a letter confirming what the hours
and rate of pay will be, or
b a sandwich course placement that you can
guarantee will be available to the student;
again, you must be prepared to write a
letter confirming this guarantee, and how
much the student will earn.
Students on courses of six months or less
are routinely given leave to enter the UK
on conditions that prohibit employment.
It is important that they make the ECO or
immigration officer aware of their intention to
undertake part-time employment and ask to
be considered for conditions that allow them
to work in the same way as students on longer
courses. But they must show that they can
pay for their course fees and living expenses
without needing to work.
(www.scotlandistheplace.com). The scheme is
designed to help overseas nationals leaving
Scottish institutions to stay and work in Scotland.
Students who successfully complete and obtain
a recognised UK degree, Master’s degree or
PhD, or postgraduate certificate or postgraduate
diploma in any subject on or after 1 May 2007
can apply to stay in the UK to work for one
period of 12 months. This International Graduate
Scheme replaces previous arrangements such
as the Science and Engineering Graduate
Scheme.
Special provisions apply to students who are
studying to be doctors, dentists and nurses.
7

3 The student should check
first with the British Mission
whether it offers a postal
visa service. Some visa
sections also offer courier
or online visa services for
students. Some visa
sections, e.g. Pakistan, will
accept only double-sided
print-outs of the visa
application form.
8
Prospective (rather than accepted) students
If a student needs to visit an institution before
finally accepting a place (for example, to
attend an interview or sit an examination
there), he or she should explain this to the
entry clearance officer when applying for
entry clearance. Students must apply for
entry clearance as a prospective student
before leaving their home country. If the ECO
is satisfied that the student genuinely intends
to start a course of study within six months
once he or she has found a suitable place,
and that he or she meets all the immigration
How do students apply for entry clearance?
International students should apply for entry
clearance at a British Mission in the country
of their nationality, or the country in which
they are living, and they should apply as far
in advance as possible. Entry clearance can be
postdated for up to three months. They should
ask the British Mission what procedures they
need to follow, and for the Non-Settlement
Form (VAF1), which is free of charge, although
they will have to pay a fee later. The form
is also available on the UK visas website at
www.ukvisas.gov.uk by selecting ‘How to apply’.
They should carefully complete the application
form with the assistance of the British Council
First steps guidance note – preparing for entry
clearance. The guidance note is available to
download from www.educationuk.org by selecting
‘Living in the UK’ from one of the drop-down
boxes, and then by clicking on ‘Immigration’.
It is also available from students’ local British
Council offices in hard copy.
Then the student must take or post 3 the
completed form – in good time to avoid
requirements, the ECO will give the student
permission to enter as a prospective student,
for six months. Then, once the student is in the
UK and has enrolled on a course (within the six
months), he or she will need to extend his or
her permission to stay as a student (see page
5). The student will have to pay £295 or £500
to the Border and Immigration Agency when
applying for that extension (2007 prices). He
or she will not be allowed to work while in the
UK as a prospective student.
missing the beginning of the course – to
his or her nearest British Mission that issues
student entry clearance, together with his
or her passport, and a recent passport-sized
photograph taken no more than six months
prior to submitting the application. The
photograph should be taken against a light
background and the student must not be
wearing sunglasses, hat or other head covering,
unless worn for cultural or religious reasons.
The student should also take the fee, which is
normally payable in the local currency of the
country to which he or she is applying (which
is non-refundable), and the relevant documents
showing that he or she meets the requirements
of the Immigration Rules for students (see
page 10).
Note: it is a good idea to advise students to
complete the form in pencil first in case they
make a mistake, or take a photocopy and
complete this in draft first. Once the form is
completed students should make copies of it
and the other documents for their own records.
9
 The Immigration Rules for persons seeking to enter
or remain in the United Kingdom as a student

Requirements for leave to minimum of 15 hours’ organised daytime

4 The countries of the
EEA are Austria, Belgium,
Bulgaria, Cyprus, the Czech
Republic, Denmark,
Estonia, Finland, France,
Germany, Greece, Hungary,
Iceland, Italy, Latvia,
Liechtenstein, Lithuania,
Luxembourg, Malta, the
Netherlands, Norway,
Poland, Portugal, Republic
of Ireland, Romania, the
Slovak Republic, Slovenia,
Spain, Sweden and the UK.
In addition, Swiss nationals
will be able to travel to the
UK for work or study on a
similar basis to EEA nationals.
5 For more information about
the definition of what
constitutes a bona fide
private education institution,
see the ‘Leave to remain for
students’ section of the
Border and Immigration
Agency’s advice to
immigration staff at
www.ind.homeoffice.
gov.uk/documents/
idischapter3.
enter as a student
Unless he or she is a national of the European
Economic Area 4 the requirements to be met
by a person seeking leave to enter the United
Kingdom as a student are that he or she:
i has been accepted for a course of study
that is to be provided by an organisation
that is included on the Department for
Education and Skills’ Register of Education
and Training Providers, and is either:
a a publicly funded institution of further
or higher education which maintains
satisfactory records of enrolment and
attendance of students and supplies
these to the Border and Immigration
Agency when requested; or
b a bona fide private education
institution;5 or
c an independent fee-paying school
outside the maintained sector which
maintains satisfactory records of enrolment
and attendance of students and supplies
these to the Border and Immigration
Agency when requested;
ii is able and intends to follow either:
a a recognised full-time degree course
at a publicly funded institution of further
or higher education; or
study per week of a single subject, or
directly related subjects; or
c a full-time course at an independent
fee-paying school; and
iii if under the age of 16 years is enrolled at
an independent fee-paying school on a
full-time course of studies, which meets the
requirements of the Education Act 1944; and
iv has been accepted to study externally
for a degree at a private education
institution, he or she is also registered as
an external student with the UK degree
awarding body;
v intends to leave the United Kingdom at the
end of his or her studies; and
vi does not intend to engage in business
or to take employment, except part-time
or vacation work undertaken with the
consent of the Secretary of State; and
vii is able to meet the costs of his or her
course and accommodation and the
maintenance of himself or herself and any
dependants without taking employment or
engaging in business or having recourse
to public funds; and
viii holds a valid United Kingdom entry
clearance for entry in this capacity.

b a weekday full-time course involving

attendance at a single institution for a

When should a student apply?

Students should be advised to apply for entry
clearance in ample time. Issuing times vary
from as little as 24 hours to anything up to
several weeks. They should check locally for
the likely processing times.

10
The documents required
All students seeking entry clearance must
produce various documents to show that
they meet the Immigration Rules for students,
i.e. evidence of adequate funding, educational
certificates, and detailed information from
their place of study (see below). It is very
important that institutions give students
adequate documentation. Many applications
for entry clearance are now decided on
papers alone. It is therefore very important
for students to ensure they present the right
documentation when they make their initial
application. Failure to do this can result in
entry clearance being refused.
What to include in your pre-arrival
information to students
Make sure you give students clear information
covering the following:
Acceptance on a course
Write to the student on letter-headed paper, 6
confirming that the student has been accepted
for a course that is full-time as defined in the
Immigration Rules for students, i.e. it involves
at least 15 hours’ organised daytime study
a week or is a full-time course leading to a
degree. Also, give the title of the course,
say when the course will start and how long
it will last, and give the date when the course
will finish. Include dates of any graduation
ceremony after the course finishes. Indicate
briefly the basic content of the course, how
it links with previous or future courses, and
any examinations the student will take and
any qualifications that will be earned. You may
also wish to include, if applicable, the name of
the educational adviser or agent the student
used. Stress that the institution is registered
on DfES’7 Register of Education and Training
Providers. Because some students apply for
visas after courses have begun, it would also
be useful to state in your letter the latest date
on which a student will still be accepted for
enrolment on the particular course.
Ability to follow the course
This Immigration Rule usually relates to English
language proficiency for those embarking
on a degree course or similar. It is therefore
less relevant to a student who is to follow a
beginner’s English language course. Here, you
may indicate which examination the student is
preparing for and what hours are appropriate.
However, where the course is more advanced
or specialised, you must state what level of
English is needed (giving minimum IELTS or
other test marks, if appropriate) and confirm 6 Owing to an increase in
that the student has met the entry requirements
forged letter-headed paper
you may wish to consider
for the course and has been assessed as writing offer letters on
watermarked paper.
academically able to follow it. If a pre-sessional Some visa sections in
British Missions overseas
English course or continuing language support have recently requested
will be provided, state this. samples of acceptance
and enrolment letters,
signature specimens,
Ability to pay for the course brochures, and lists of
overseas educational
The immigration authorities will want to be sure institutions and agents
with whom your institution
that the student will have enough money, works.
without working in the UK, to meet all his or her
7 From 1 January 2005,
costs during the period of study (although the the Department for
rules allow full-time students to work part-time,
Education and Skills (DfES)
has developed a Register
they do not permit entry clearance officers to of Education and Training
Providers in England,
take into account any potential earnings from Wales and Scotland.
this activity). Give the full cost of the course Entry clearance officers
will issue entry clearance
(including any ‘extras’ such as field trips or only to students attending
bench fees) and indicate what arrangements
an institution on the
Register. To check your
are acceptable for payment, how much any details on the Register
go to www.dfes.gov.uk/
instalments will be and how often they will providersregister.
be due. If fees or a deposit have already
been paid, indicate the amount. It may help to
give a realistic estimate of average annual living
costs for students in your area, including all
likely expenses. If the student intends to bring
dependants with him or her, adjust the estimate
accordingly. If you have asked for a financial
guarantee from the student and are satisfied
that it is acceptable, confirm that as well.
Accommodation
Although the Immigration Rules for students
do not require unaccompanied students to
show that accommodation has been arranged,
11
 they do need to show evidence that they
can pay for it. Information about its cost
and availability, therefore, is helpful. State if
accommodation is guaranteed, or if you will
help the student find somewhere to live. If
students are accompanied by dependants,
they need to show that there will be adequate
accommodation for them. If you cannot give
12
reasonable assurance to students that family
accommodation will be available, you should
consider advising them to come alone
in the first instance so that they can make
arrangements for their family to join them
when they have found somewhere for them
to live.
Evidence
You should advise students to check with
their local British Mission who will be able to
tell them what kind of evidence they require.
British Missions are now beginning to see a
growing number of applications that involve
an element of fraud or forgery.
In the event that any visa applicant is found
to have a forged document of any kind
the application is always refused without
exception, even if in all other respects the
applicant is genuine.
Evidence of the ability to meet
the costs of fees, accommodation
and maintenance may include:
If students are being sponsored by a private
individual (e.g. a parent):
 a letter from that sponsor confirming:
– what his or her relationship/connection
is to the student (e.g. parent)
– that the sponsor will be sponsoring
the student for the length of the course,
and how long the course will last
– whether the sponsor will be providing the
costs of maintenance as well as fees
– what levels of payment the sponsor will
provide and how often
– where that money will come from – if the
sponsor is working, what job he or she
does and what the salary is, or if he or she
has another source of income or savings,
what that source is
– evidence that the money from the sponsor
will really be available, e.g. original copies
of recent bank statements, wage slips,
and a letter from the employer confirming
that his or her job is a permanent one and
what the salary is.
If students are being sponsored by a
government or scholarship agency:
 a letter from the scholarship provider
confirming the duration of the scholarship
and what costs it will cover.
If students are funding themselves
through savings:
 original bank statements covering
at least the previous three months.
If part of their funding is through UK
employment that fits exactly within either
of the two categories set out below:
 provided and guaranteed by their publicly
funded college or university, then the
college or university needs to provide a
letter confirming what the student’s hours
and rate of pay will be; or
 a sandwich course placement, which the
college or university can guarantee will
be available to the student; the college
or university must write a letter confirming
this guarantee, and how much the student
will earn.
Evidence, where available, of a student’s
intention to leave could include:
 a letter from a prospective employer in his
or her home country indicating that they
will want to employ the student once he
or she is qualified
 advertisements for jobs in his or her home
country for which the particular qualification
is required
 evidence of ownership of a home in his
or her home country
 evidence of the existence of a husband,
wife, civil partner or children who are not
accompanying the student to the UK,
e.g. a marriage certificate, children’s birth
certificates.
Recent guidance from the Home Office
indicates that degree-level students, student
nurses and postgraduate doctors and dentists
should not normally be refused on ‘intention to
leave’ grounds if their intention is to stay in the
UK for work-permit employment (see page 7).
They may, however, be refused if they intend
to stay in the UK for other reasons.
13
 Interview
Although many applications are now considered
on the basis of papers only, a student may
still be asked to attend an interview as part
of the entry clearance application process.
This generally happens only in cases where
the entry clearance officer is unable to make
a decision on the basis of the papers
submitted. Only a small proportion of student
applicants are actually interviewed.
The interview process is designed to give
the applicant the opportunity to clarify for
the ECO certain parts of his or her application,
or to rectify any discrepancies. The ECO will
need to be satisfied that the student’s study
plans are genuine and workable.
A student has a right to use an interpreter,
although this may weaken his or her position
if the course requires a high level of English.
If the ECO is not satisfied that the student meets
all the requirements of the Rules the student
may still be asked to provide further evidence.
In certain countries (Sri Lanka, Djibouti,
Eritrea, Ethiopia, Kenya, Rwanda, Tanzania and
Uganda) applicants are required to provide
fingerprints. Over the next five years everyone
will be fingerprinted when they apply for a
visa. This is an EU-wide requirement, although
biometric implementation plans vary across
the EU. Long-term visa applicants will also at
some point in the future be required to have
Residence Permits, which will act as identification,
and eventually their departure from the UK will
be recorded to help target enforcement action
against those who overstay.

14
Dealing with problems

Problems before travelling You can ask the ECM to review the case.
Applications for entry clearance can be
Some of the most common problems
refused only if the applicant does not fulfil
encountered by student entry clearance
the specific requirements of the Immigration
applicants arise because the ECO is not
Rules. When contacting the ECM, therefore,
satisfied that the student actually intends to
it is helpful to relate your observations to
follow the course when he or she arrives in the
the Immigration Rules, indicating precisely
UK, or, in the case of short-term students, that
why you are questioning the refusal. Where
the student intends to leave the UK once his
appropriate, you should include any relevant
or her studies have been completed. Also,
information that the student may have omitted
there are sometimes problems for students
from his or her application, or explain the
wanting to come to private colleges whose
background to any misunderstanding that
names appear on DfES’ Register of Education
may have arisen.
and Training Providers, but which ECOs are not
confident are bona fide. If you are contacted If you are still not content with the review
by a student who is having difficulty obtaining by the ECM and you are confident that the
entry clearance, first check whether he or she Immigration Rules have not been correctly
has actually been formally refused. applied or that new information from the
institution is relevant, then you may contact
If he or she has been refused, the student is
the Correspondence Section at UK visas.
given a written notice explaining the reasons
You should include all relevant information,
for refusal and stating whether he or she
including the refusal notice and exchange of
has a right of appeal. Short-term students
correspondence with the ECM. Alternatively,
(students applying for courses of six months
you can telephone the unit, giving the applicant’s
or less) and their dependants, prospective
full name, date of birth and nationality; the
students and their dependants, and visitors
date when and place where the application
(unless visiting family members) have no right
was made, and its reference number; and
of appeal against refusal of entry clearance.
the name and address of the applicant’s UK
You should ask the student for permission to sponsor (if applicable) (contact details can
see a copy of the refusal notice so you can be found on page 17). You should be aware
ascertain why the application was refused. that UK visas does not take decisions on entry
clearance applications; this happens at the
See ‘Regulation of immigration advice’ on
British Mission concerned. However, it can and
page 18.
does raise mistakes and errors with overseas
If entry clearance has been refused or if missions if these cannot be resolved between
unreasonable delays have arisen, you may the institution and the mission.
wish (with the student’s consent) to contact
If a student has a right of appeal, it is important
the entry clearance manager (ECM) at the
that he or she exercises that right immediately,
overseas British Mission, particularly if further
even if other informal representations are
information from the institution would help
continuing. Appeals can always be withdrawn
resolve the difficulty. Telephone and fax
at a later stage if an applicant decides not to
numbers for British Missions are available on the
proceed or the decision to refuse is overturned
web at www.fco.gov.uk and www.ukvisas.gov.uk.
by the entry clearance manager. Submitting
Make sure you quote the application reference an appeal also means that a formal review of
number (the student should have this), together the decision will then be made by the entry
with the student’s full name and date of birth, clearance manager.
and those of any dependants.

15
 You may need to consider whether to refer Useful publications
the case on (e.g. to the Immigration Advisory
Service (IAS), an immigration specialist First steps guidance note – preparing for
authorised by the Office of the Immigration entry clearance
Services Commissioner (OISC) to deal with First steps pre-departure briefing pack
appeals, or an immigration lawyer) before the Studying and living in the UK 2007–08
appeal deadline expires, or to consult such a All available from the British Council
person about how to proceed. The notice of www.educationuk.org
appeal must be received by the British Mission
that issued the refusal, or direct at the Asylum Immigration and Nationality Law Handbook
and Immigration Tribunal (AIT) no later than Available from the Joint Council for the
28 days from the day on which the student Welfare of Immigrants (JCWI)
was informed of the decision. Because the
Telephone +44 (0)20 7251 8708
appeal procedure can take some time, it may
or e-mail publications@jcwi.org.uk
not be a feasible option for many students.
Also, as appeals are heard in the UK, students Statement of Changes in Immigration Rules
cannot attend. They can, however, be (HC395, as amended)
represented free of charge by the Immigration
Available from the Border and Immigration
Advisory Service (contact details on page 17).
Agency website at www.bia.homeoffice.gov.uk
Another option is to submit a fresh application
(click on ‘Law and Policy’, and then
for entry clearance, provided you or the
‘Immigration Rules’)
student can offer fresh evidence to address
the reasons for refusal. The UKCOSA Manual includes sections on
immigration. For details and prices visit
www.ukcosa.org.uk
Problems on arrival
The Committee of Public Accounts (PAC)
A person with entry clearance should be
refused admission to the UK only if the Report on the FCO’s visa entry clearance
immigration officer decides there has been operation (February 2005), which can be
a change in the student’s circumstances, or found at www.parliament.the-stationery-
that he or she gave false information or did office.co.uk
not disclose important facts when applying
Home Office’s five-year immigration strategy
for entry clearance. Tell all students,
can be found at www.homeoffice.gov.uk
therefore, to carry all relevant documents
in their hand luggage. Advise students to try
to arrive during weekday office hours so they
can telephone their institution, sponsor, IAS
or UKCOSA for assistance, if necessary.

If students do not understand a question they

should ask the immigration officer to repeat it.
Advise them to stay calm and be patient if
they are kept waiting. They can ask for an
interpreter if they are not confident in their
use of English (although, as mentioned earlier,
this may weaken their position if the course
requires a high level of English).

16
Useful organisations UK visas
Foreign and Commonwealth Office
British Council
King Charles Street
Information Centre
London SW1A 2AH
Bridgewater House
58 Whitworth Street Telephone +44 (0)845 010 5555
Manchester M1 6BB (general enquiries)
Telephone +44 (0)20 7008 8308
Telephone +44 (0)161 957 7755
(forms and leaflets)
Fax +44 (0)161 957 7762
Fax +44 (0)20 7008 8359, 8361
www.britishcouncil.org E-mail visas.foruk@fco.gov.uk
www.educationuk.org
www.ukvisas.gov.uk
www.britishcouncil.org/accreditation
Work Permits (UK)
Immigration Advisory Service (IAS)
Home Office
3rd floor, County House
Level 5, Moorfoot
190 Great Dover Street
Sheffield S1 4PQ
London SE1 4YB
Telephone +44 (0)114 259 4074
Telephone +44 (0)20 7967 1200
Fax +44 (0)114 259 3776
Duty Officer (24 hours)
Telephone +44 (0)8745 210 224
Telephone +44 (0)20 8814 1559
(forms distribution)
Fax +44 (0)20 7403 5875
www.workpermits.gov.uk
www.iasuk.org
Revenue and Customs
Border and Immigration Agency
Advice on importing personal effects and
Lunar House
goods may be obtained from:
40 Wellesley Road
Croydon HM Revenue and Customs
London CR9 2BY Dorset House
Stamford Street
Telephone +44 (0)870 606 7766
London SE1 9PY
(general enquiries)
Telephone +44 (0)870 241 0645 Telephone +44 (0)845 010 9000
(application forms)
www.hmce.gov.uk
www.bia.homeoffice.gov.uk

UKCOSA: The Council for

International Education
9–17 St Albans Place
London N1 0NX

www.ukcosa.org.uk

17
Regulation of immigration advice
It has been a criminal offence to provide
immigration advice and services in the
UK unless authorised to do so under the
Immigration and Asylum Act 1999 since 30
April 2001. Under the Act, ‘immigration advice’
and ‘immigration services’ refer to activities
intended to assist a particular individual in
pursuing their immigration case. Therefore,
providing general pre-arrival information,
standard documentation (e.g. offer letters)
and confirmations of fact (e.g. a follow-up letter
confirming a student meets the requirements
for entry to a course) do not constitute
‘immigration services’ and are not covered
by this provision.
However, offering advice or making
representations on behalf of a particular
student (e.g. arguing their case to an ECO)
is likely to constitute ‘immigration advice’
or an ‘immigration service’. Anyone in the UK
providing immigration advice or services
(whether the client is in the UK or abroad)
must be authorised to do so by the Office of
the Immigration Services Commissioner (OISC).
18
Currently, publicly funded institutions of further
and higher education and their student unions
are authorised by a ‘block exclusion’. This
block exemption also includes some colleges
and other institutions providing approved
courses for degrees awarded by universities,
and those with their own degree-awarding
powers. Those covered by the block exemption
must nevertheless comply with the OISC’s
Code of Standards.
Any institution not covered by a block
exemption, and wishing to provide immigration
advice or services, will have to apply to the
OISC for an individual registration or exemption.
For more information contact:
Office of the Immigration Services
Commissioner (OISC)
5th Floor, Counting House
53 Tooley Street
London SE1 2QN
Telephone +44 (0)20 7211 1500
Fax +44 (0)20 7211 1553
19
© The British Council 2007
Design Department/W066/GAL
The United Kingdom’s international organisation for educational opportunities
and cultural relations. We are registered in England as a charity.