New Immigration Rules affecting international students

On 10 September 2024, the Home Office published a Statement of Changes to the Immigration Rules introducing significant changes for international students seeking to study in the UK on both a short term and longer term basis.

As part of their first Statement of Changes, the Labour Government sets out increases to the financial requirement for Student Visa applications, added Jordanian nationals to the visa national list, amended the Parental Consent requirement and extended the Electronic Travel Authorisation Scheme to all non-visa nationals by early 2025. These changes are explored in our article below, highlighting actions that student sponsors should take in preparation and to comply with their sponsor duties.

As outlined in our previous article [New Labour Government to continue with Home Office measures to Tackle Student Visa Abuse - Doyle Clayton], unfortunately for the UK’s international student sector, the policy environment of the new Labour Government does not seem to be matching the warmer rhetoric to attract students from all over the world.

Increase to the financial requirement for student visa applications

Currently, student visa applications have a financial requirement where applicants must demonstrate they have sufficient funds to support themselves for each month of their UK course of study, up to a maximum of nine months. This is known as the ‘maintenance’ requirement and is a fixed amount per month.

The Home Office had announced in May 2024 that it intended to increase this maintenance requirement in line with the maintenance loans available for home students – as this had not been updated since 2020. For students studying in London, the monthly sum of £1334 is increasing to £1,483. For students studying outside London, the monthly sum of £1,023 is increasing to £1,136. The maximum amount of money that can be offset for accommodation will also be increased in line with the changes to the maintenance requirement from £1,334 to £1,483.

These changes to the financial requirement will apply to any application for a Student Visa, submitted from the UK or overseas, made on or after 2 January 2025. Any application submitted before 2 January 2025 will need to satisfy the current maintenance requirement thresholds (i.e., £1,334 for study in London and £1,023 for study outside London).

It should be noted that meeting the increased maintenance thresholds is in addition to the requirement for an applicant to hold sufficient funds to pay for the first academic year of their course (or the whole course if it is less than a year long). If an applicant is applying for permission to stay and has been living in the UK with permission for 12 months or more, on the date of application, they will automatically meet the financial requirement without needing to show funds.

Action for Student Sponsors

Student sponsors need to ensure that prospective Student Visa applicants are aware of these increases to the financial requirement, especially as the requisite level of funds has to be held for a consecutive 28 day period before the date of the application. Where Student Sponsors check bank statements before assigning a CAS, to avoid visa refusals on financial grounds, it is important to ensure that relevant staff performing such duties are also aware of the higher maintenance thresholds taking effect in the new year.

Child Student Visa applicants and financial requirement

As these changes to the financial requirement aim to mirror the requirements for domestic higher education students, there does not appear to be a corresponding increase to the financial requirements for Child Student applicants. Accordingly, the fixed monthly maintenance sums for Child Student applicants look set to remain at the current levels of £1,023 for applicants outside London and £1,334 for applicants studying at an independent school in London. A Child Student Visa allows an individual between the ages of four to 17 to study at an independent school in the UK

Changes to Foreign Currency Conversion

Changes to the Immigration Rules, introduced in April 2024, had already provided that where the exchange rate on www.oanda.com could not be used to convert certain foreign currencies into GBP, the Foreign Commonwealth and Development Office’s (FCDO) Consular Exchange rate will be used to calculate the appropriate exchange rate on the date of the application. Specifically, Syrian pounds and Iranian rials were the two currencies affected. The latest Statement of Changes has added Mongolian Turks as a currency no longer supported by OANDA and where the FCDO rate of exchange must be used instead. This change will take effect from 8 October 2024.

Action for Student Sponsors

Due to the significant differences in the rates between the converter tools, student sponsors and applicants should be careful when checking the bank statements of affected nationalities to avoid visa refusals on financial grounds. Student sponsors should also ensure that affected nationalities are aware of the need to use the FCDO rate to check they hold the sufficient level of funds in their supporting financial evidence.

Changes to Parental Consent Requirement

There is a minor yet important change being made to the written Parental Consent requirement for applicants under the Child Student or Student visa routes who are aged under 18. From 8 October 2024, Appendix Children of the Immigration Rules will explicitly require the parent(s) or legal guardian to actively consent to their child’s application, UK care and living arrangements and travel to and reception in the UK. The current wording of Appendix Children states parents should simply confirm their ‘support’ in writing.

Action for Student Sponsors

Sponsors should ensure that any template parental consent letters provided to applicants under the age of 18 are updated to ensure that parents proactively ‘consent’ rather than simply ‘support’ their son or daughter’s Child Student or Student Visa application and their UK living arrangements (and travel and reception in the UK where the application is made from overseas). Student sponsors should also make sure that prospective applicants and recruitment agents who assist with visa applications are aware of this change to the Parental Consent requirement.

Visa Regime Imposed on Jordan

Jordan has been added to the list of countries whose nationals must apply for and be granted a visa before travelling to the UK. Jordanian nationals are no longer eligible to apply for an Electronic Travel Authorisation. Further details about this here.

Action for Student Sponsors

Student sponsors should ensure that prospective Jordanian nationals seeking to come to the UK for short term study (up to six months) apply for a visitor visa in advance of travelling to the UK. To comply with right to study check duties, sponsors should take a copy of the student’s physical vignette in their passport (which we understand will still be issued into 2025) and landing stamp.

Extension of Electronic Travel Authorisation Scheme

Currently, the Electronic Travel Authorisation Scheme only applies to nationals of Qatar, Bahrain, Kuwait, Oman, Saudi Arabia and United Arab Emirates (with Jordan removed with effect from 10 September 2024).

The ETA Scheme will shortly be extended, however, to all other nationalities who can currently travel to the UK without a visa and who do not have any other UK immigration status. With the exception of EU nationals, all ‘non visa’ nationals (including nationals of Australia, USA and Japan) will need to travel to the UK with an ETA from 8 January 2025 (and can apply for an ETA from 27 November 2024). EU nationals will need to travel to the UK with an ETA from 2 April 2025 (and can apply for an ETA from 5 March 2025): Check when you can get an electronic travel authorisation (ETA) - GOV.UK (www.gov.uk). Further details about the ETA Scheme extension here.

Action for Student Sponsors

The ETA Scheme only applies to, (a) individuals who are seeking to enter the UK for short term study for up to six months, and, (b) those individuals who are on the list of nationals eligible to apply for an ETA. For ‘visa nationals’ wishing to study in the UK as visitors for up to six months (such as nationals of China, Russia and Nigeria), they will still need to apply for a visitor visa in advance of travelling to the UK.

For anyone wishing to study a course in the UK for longer than six months, they will need to apply for a visa under the Student or Child Student Visa routes and will require a Confirmation of Acceptance for Studies (CAS) from a Student Sponsor in order to do so.

Student Sponsors will need to update their communications and international student immigration guidance to ensure that those nationals who did not previously need a visa to come to the UK to study for up to six months are made aware they must travel to the UK with an ETA from either 8 January 2025 or 2 April 2025, respectively.

For non-sponsored students enrolling as visitors, an ETA confirmation email will not confirm an individual’s UK landing date. In order to comply with right to study check duties, it will therefore still be necessary to check and record the student’s actual UK arrival date to determine when their six months visitor permission expires. A student sponsor should therefore request sight of the flight ticket from such ‘non-visa nationals’ with no UK landing stamp in their passport. Where an ETA holder cannot use the E passport gates, Guide to faster travel through the UK border - GOV.UK (www.gov.uk), they are likely to still receive a landing stamp granting entry as a visitor, so a Student Sponsor can take a copy of this entry stamp. Student Sponsors should always take a copy of a student’s passport and retain offer of study on file as best practice right to study compliance.

For further information on how we can support you with to the changes in the UK Immigration Rules and how they may impact your international students and student sponsorship processes, please contact a member of the Immigration team or complete an enquiry form, below.