Tough rule changes afoot for non-EU students

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New measures affecting students from outside the European Economic Area on Tier 4 Student Visas have been announced by home secretary Theresa May. The changes, which will be presented to MPs in parliament this week, who will then vote on whether to approve the new rules, will mean more non EU/EEA Tier 4 students will be banned from working in the UK while they study and will be forced to leave the country when their studies finish.

Sajid Javid says studying is being used as a ruse to settle in Britain
Sajid Javid says studying is being used as a ruse to settle in Britain

The changes mainly affect Tier 4 students at publicly funded further education colleges who will be treated in a similar way to those at privately funded further education colleges. University students will not be so badly affected.

From 12 November, students at publicly funded further education colleges will have to leave the UK before applying for Tier 2 or Tier 5 work visas, rather than being able to switch visas from within the UK. The added inconvenience to Tier 4 students is expected to have the effect of reducing the number of skilled graduates from overseas working in the UK.

Also from 12 November, Tier 4 college students will be prevented from extending their visa after their course finishes, unless they begin studying at an institution with a ‘direct, formal link’ with a UK university.

The time that Tier 4 students may study at a further education college will be reduced from 3 years to 2 years; even though many further education courses can run for more than 2 years.

From 3 August, Tier 4 Students at publicly funded further education colleges will be banned from working while they study. Currently most migrant students at colleges may work up to 10 hours per week. This will impact students from poorer countries the most, as often their families will be unable to offer financial support.

In addition, new courses that Tier 4 university students may study will be restricted to those which have ‘a link to their previous course’, or which ‘support their career aspirations’, as determined by their university.

From the autumn, family members of Tier 4 students (Tier 4 dependants) will be banned from taking on ‘low skilled’ work. The changes would allow dependants to take on skilled work only; effectively discriminating against students from poor countries, whose families often did not have the opportunity to gain the skills needed for this sort of work.

Stricter English language requirements are also expected to be introduced for Tier 4 Visa applicants.

UK immigration minister James Brokenshire says the Tier 4 visa restrictions will “stop immigration cheats abusing publicly-funded colleges”, while business secretary Sajid Javid adds: “We do not want a system where some people see studying as a motive to settle in Britain.”

Experts, as well as university staff and students have criticised the new rules, however. University of London’s School of Oriental and African Studies director Paul Webley argues that international students bring “talent to the UK that the country would not otherwise attract”. Webley says that “students who stay on after they finish their studies develop very strong links with the UK, and so have an understanding of and affinity for the UK that is of great long term benefit for the country.”

“Britain already makes it difficult and artificially expensive for them to enter and stay, and now these proposals would eject them ignominiously when their studies are finished.”

Institute of Directors Employment and Skills Policy chief Seamus Nevin also weighed into the debate, saying that the changes are “misguided”, and would damage the UK’s “economy and global influence”.