For EU nationals looking to start university in the UK this year, we’ve set out below some key issues to consider before applying for your Student visa.
Starting university should be an exciting time – moving to a new country, meeting new people, discovering new places, learning new things. However, five years on from Brexit, lessons are unfortunately still being learnt the hard way in respect of lining up Student visas for EU nationals. Many of these pitfalls can be easily avoided, but regrettably, we continue to receive desperate phone calls from international students who have found themselves in sticky situations with their university’s visa compliance teams.
In this blog, we address some of the common issues clients encounter and how to avoid them, to ensure that the start of your student journey is as smooth and stress-free as possible.
1. Application type
If you are submitting your application from outside the UK, you will be applying for entry clearance.
If applying from inside the UK, you will be applying for permission to stay.
This distinction is important as it will determine not only which application form to use, but also which country you can submit the application from, and the timings of submission.
2. Country of submission
There are strict rules about where you can submit your visa application from. These principally depend on your current visa status and, if these rules are not met, then the Home Office will reject your visa application as invalid.
Many assume that these particularities do not matter, given that EU nationals no longer need to attend a biometric appointment and so where you are when you decide to press ‘submit’ on your smart phone is immaterial. Unfortunately, this is not the case, so if you are at all unsure about this, you should seek immigration advice.
3. Timings
In terms of timings, it’s important to bear in mind the following:
- For entry clearance applications:
- You can submit your Student visa application no more than 6 months before the start date of your course, as shown on your Certificate for Acceptance for Studies (CAS);
- It can take up to 3 weeks for a decision to be made on your visa. You may be able to pay extra to receive a decision within 5 working days.
- For permission to stay applications:
- You can submit your Student visa application no more than 3 months before the start date of your course, as shown on your CAS;
- The course you are applying for must start no more than 28 days after the expiry of your current visa. If this requirement is not met, you will need to leave the UK and apply for entry clearance;
- It can take up to 8 weeks for a decision to be made on your visa. Alternatively, you can pay extra to receive a decision within 5 working days or within 24 hours.
4. Apply using the UK government’s “UK Immigration: ID Check” app.
EU nationals can apply using the app – see here. This means that there will be no need to attend a biometric appointment; rather, your identity will be confirmed by scanning the chip in your EU passport, and uploading a selfie (which must comply with Home Office requirements!).
The processing times mentioned above will start from the date you submit the application form, and once have uploaded all of the necessary supporting documents.
5. Travelling after submission
If you’ve applied from inside the UK, you must not travel outside the UK until your visa application has been decided, as this will cause the application to be withdrawn.
Otherwise, if you have applied from outside the UK and have travelled to the UK before your Student visa is issued, then you will likely be in the UK as a visitor and this may result in issues with the university being able to enrol you for your studies.
6. Finances
- If you are applying for permission to stay and have been living in the UK for 12 months with permission by the time you submit your Student visa application, there is no financial requirement to be met;
- You may be exempt from having to provide evidence that the financial requirement is met, if you are an EU national and are applying for permission to stay (but have not been in the UK for 12 months before you apply for your Student visa), or if you’re applying for entry clearance. However, it’s important to ensure that bank statements are available, showing the amount of funds required, in the event the Home Office do request these;
- The level of funds you will need to show will depend on where you will be studying:
- Inside London: sufficient funds to pay any outstanding course fees (as stated on your CAS) plus an additional £1,483 per month, up to a maximum of 9 months; or
- Outside London: sufficient funds to pay any outstanding course fees (as stated on your CAS) plus an additional £1,136 per month, up to a maximum of 9 months;
- For applicants self-funding their studies, the funds will need to have been in an account in your name, or your parent(s)’ names, for at least 28 days before the date you submit your application.
Our immigration team can assist with your Student visa application on an agreed, fixed-fee basis. Where necessary, we can also involve our colleagues in the Regulatory and Criminal teams, who have extensive experience working with students and universities in respect of disciplinary and criminal investigations.
*The above is correct based on the Immigration Rules in force as at the date of publication.
About the Author
Josephine is an associate in the private client immigration team, where she advises high net worth individuals on a range of UK immigration matters. She joined the team in November 2019, after completing her training contract at Kingsley Napley.
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