2023 Guide to UK Student Visas

Posted onMay 16, 2023

Are you planning to study in the UK as an international student? Is your course starting in September 2023? If the answer to those 2 questions is yes then you need to start thinking about your student visa application.

In this guide, our immigration solicitors answer your frequently asked questions on the student visa application process.

UK Online and London-Based Immigration Solicitors

For advice on student visas call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.

Can I apply for a UK student visa?

You will be apply to apply to the Home Office for a UK student visa if you meet the following eligibility criteria:

You are aged 16 plus
You have written parental consent if you are aged 16 or 17. This is needed before you make the application. If you are 16 or 17 and attending a private school in the UK then a child student visa may be the best option for you rather than an international student visa

You have an unconditional offer of a place on a course. To prove you have a place your college or university will provide a reference number (called a confirmation of acceptance for studies and shortened to CAS). You need to quote the CAS reference on the visa application. The CAS must be dated within 6 months of your student visa application. The immigration rules detail the courses that you can enrol on and qualify for a student visa. The course does not have to be full time but there are very detailed course qualification criteria
The course provider must have a sponsor licence to sponsor students. The sponsor licence is issued by the Home Office and is not individual to a student. It allows the university or higher educational institute to sponsor a number of international students
You meet the financial requirement for a student visa
You meet the student English language requirement

What is the financial requirement for a student visa?

You need to be able to show that you can pay your course fees and support yourself whilst in the UK unless you are exempt from meeting the financial requirement.

The exact amount of money needed to meet the student visa financial requirement depends on the study course.

The immigration rules say you need:

Money for course fees - for 1 academic year (up to 9 months). The amount needed is stated on the CAS. If you are applying for a student visa from within the UK and you have been in the UK on a visa for at least 12 months, you don’t need to show that you have the money for course fees
Financial support money – you do not need to meet this financial requirement if you have been in the UK with a valid visa for at least 12 months on the date of your student visa application. The financial requirement depends on whether you are studying in London or not. If your college or university is in London (defined as the City of London and the 32 London boroughs) you need £1,334 per month (for up to 9 months) in financial support. If the course is outside London, you need £1,023 per month (for up to 9 months). If you are going to be a boarder at a residential school the financial requirement is stated on the CAS

To meet the financial requirement, you must have had the required amount of money for at least 28 consecutive days. The end date of the 28 days must be within 31 days of the student visa application date.

If you are meeting the financial requirement with a student loan or financial sponsorship, you will have to be able to prove this.

An international student is exempt from meeting the student financial requirement if:

You are living in the UK and have had a UK visa for 12 months before the date of your student visa application
You are applying as a student union sabbatical officer
You are applying to study as a postgraduate doctor or dentist in a recognised foundation programme

You have British national (overseas) status or you are from a country on a Home Office list of exempt countries such as Australia, Barbados, Botswana, Canada, China, Hong Kong, Japan, Kuwait, Malaysia, Qatar, Romania, Singapore, Slovakia, Slovenia, South Korea, Taiwan, Thailand, United Arab Emirates, USA

The English language requirement for the student visa

Some international student visa applicants must prove their knowledge of English as part of the student visa application process. You can do this in several different ways, such as:

Sitting an approved English language test (called a SELT). The test standard depends on the study course you are applying for. For example, if you are enrolling on a degree course you need to pass the English language requirement at a higher level than if you want to come to the UK to study on a course at non-degree level
Having an acceptable qualification - a GCSE, A level, Scottish National Qualification level 4 or 5, Scottish Higher or Advanced Higher in English, gained through study at a UK school that you went to when you were under 18

You are from a country on a Home Office list or you completed a qualification equivalent to a UK degree in one of the listed countries. The countries include Antigua and Barbuda, Australia, the Bahamas, Barbados, the British overseas territories, Jamaica, New Zealand, Trinidad and Tobago, UK, USA

You are applying to come to the UK for a study abroad programme as part of a university degree course in the USA
You have already proved you met the English language requirement in a previous visa application

Studying in the UK if you or your family are EU nationals

You may not need a UK student visa if either you or a close family member is from the EU, Switzerland, Norway, Iceland, or Liechtenstein and you or they were living in the UK by 31 December 2020. That’s because you may be able to secure settled status under the EU Settlement Scheme. If you are not sure if you are eligible for settled status then speak to an immigration solicitor.

Although there was a deadline of 30 June 2021 to make a settled status application you can apply late if you are joining a family member in the UK or if there are reasonable reasons why you didn’t comply with the application deadline. For example, ill health.

When should I apply for a UK student visa?

Dates to apply for a UK student visa depend on whether you will be applying for your visa from within the UK or from overseas.

The immigration lawyers at OTS Solicitors can help you whether you are applying from within the UK or from abroad and whatever your type of sponsored learning course. For example, college, undergraduate or postgraduate, or mature student. Call us on 0203 959 9123 or contact us online.

Applying for a student visa from outside the UK – you can apply for a visa up to 6 months before you start your studies
Applying for a student visa from inside the UK - you can apply for a visa up to 3 months before your course commences

How long can you stay in the UK on a student visa?

A student visa is not a visa that needs to be renewed every year as the length of your student visa depends on how long your course lasts for.

There are detailed immigration rules on visas and their length but immigration solicitors say that normally the rules depend on if your course is to obtain a UK degree or not.

Up to 5 years - if you are aged 18 or over and your course is at degree level
Up to 2 years- if your course is below degree level

Can you renew a student visa?

If you are in the UK and you have a student visa and your old visa is due to expire, or you are changing colleges, you must apply for a new visa before your old student visa expires. That’s because if you are in the UK on an expired visa you are classed as an overstayer by the Home Office. That means you may find it difficult to get another visa to stay in the UK or to re-enter at a later date.

The immigration rules say that whilst you must apply for a new visa before your old student visa expires your new course must begin within 28 days of your current visa expiring.

Can I switch to a student visa?

If you are already in the UK on a different type of visa, such as a spouse visa or a skilled worker visa, you may be able to switch to a student visa. You may want to do this if your marriage has broken down or if you want to study in the UK to improve your career prospects.

You should speak to an immigration solicitor about switching to a student visa before you commit to a study course. If you are in the UK on a student visa the visa will have work conditions limiting the hours you can be employed for. There may be alternative visa options open to you that will still allow you to live and work in the UK whilst undertaking some studies.

Visa options after completing a degree

If you want to stay in the UK after you have obtained your degree then there are lots of visa options, depending on your circumstances.

If you are still in the UK on a student visa you may be able to switch to a graduate visa. With a graduate visa, you can stay in the UK for 2-plus years (depending on whether you have a degree or higher qualification) and there are no job restrictions. This means you don’t need a job offer to apply for this type of work visa and you are not restricted to employment with an employer who holds a Home Office sponsor licence.

If you want to settle in the UK then the skilled worker visa or the health and care worker visa may be the best visa option for you. If you are a budding entrepreneur and want to set up a business in the UK then the innovator founder visa may be the best visa fit for you.

When can I come to the UK on a student visa?

Our immigration solicitors are often asked when a student can come to the UK on their international student visa as many students want to have a look around the UK or to familiarise themselves with the city where they will be studying before their course and the hard work begins.

The immigration rules say that a student can only come to the UK after the start date on their visa but the visa start date can be earlier than the course start date. The immigration rules allow for:

Study course of 6 months or less – your visa can start up to 1 week before the course
Study course of more than 6 months – your visa can start up to 1 month before the course

How much are the student visa Home Office application fees?

In addition to your course fees to study in the UK, you will also need to pay the Home Office a fee to secure your student visa. The fee depends on whether you are applying for your student visa from within the UK or from outside the UK.

The current 2023 student visa fees are:

Application from outside the UK - £363 to apply for a student visa from outside the UK
Application from inside the UK - £490 to extend or switch to a student visa

On top of the Home Office student visa application fee, you will also need to pay the immigration health surcharge when you apply for your visa. The amount of the surcharge is based on the length of your visa. The fee must be paid to secure a visa.

The amount does not vary whether you are in good or poor health or if you have private health insurance. The immigration health surcharge is not refundable if you do not use the UK National Health Service whilst you are studying in the UK.

Can I bring my family to the UK whilst I am an international student?

If you are in the UK on a student visa you may be able to bring dependent family members with you on dependant visas. If your decision to study in the UK is based on being accompanied by your partner or your children then it is best to speak to an immigration solicitor about the strict eligibility criteria for a dependant visa before you commit to studying in the UK.

The immigration lawyers at OTS Solicitors can help you look at whether your family will be eligible to apply for a dependant visa. Call us on 0203 959 9123 or contact us online.

Can I work in the UK whilst on a student visa?

The immigration rules are strict on what work you can and cannot do whilst in the UK on a student visa. If you break the conditions of your stay then this will be recorded on your immigration record making it harder to get another visa if you want to extend your stay in the UK or return to the UK at a later date. In addition, if you breach your visa conditions the Home Office could curtail your student visa (shorten it) so you have to leave the UK before the completion of your studies.

If you are planning to work in the UK whilst you are studying it is best to get detailed advice from an immigration solicitor on what you can and can't do on a student visa so you do not inadvertently break the rules.

In general, as an international student you can study and potentially either work as a student union sabbatical officer or work part-time. The amount of part-time work you can do depends on your course and whether you are working during term time. However, the rules say you can't be self-employed or work in specific jobs, such as working as a sports coach or professional sportsperson. You also cannot claim UK state benefits because you are not working.

If you have questions about your student visa application our specialist immigration solicitors can help you.

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