Changes to the Student Visa Effective from 17 July 2023
A couple of months ago the UK government announced planned changes to the UK student visa. The government has said that those changes came into effect at 3 pm on 17 July 2023, without the usual 21-day notice period.
In this blog, our immigration solicitors look at how the changes might affect international students and their families and explore the government’s rush to bring in immigration rule changes.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Changes to the student visa immigration rules
There are 2 main changes to the UK student visa:
- Bringing dependant family members to the UK where the main visa applicant is on a student visa
- Switching from a student visa to a work visa
Dependant visas for family members of international students
With effect from 17 July 2023, the government has drastically reduced the number of dependant visa applications that can be made with a student visa application. The intention behind this change is to reduce net UK migration figures. Dependant visas for family members of international students were probably seen as an easy target as this type of visa application had increased in number and statistically many dependants of students were not economically active in the UK.
The new student visa and dependant visa immigration rules say that an international student coming to the UK on a student visa cannot bring family members with them on dependant visas unless the student is on a postgraduate course that is currently designated as a research programme.
The change has been condemned by immigration solicitors as well as by universities, colleges, and some UK employers. That’s because if an international student cannot be accompanied to the UK by their close family members (such as their partner and young children) some students will choose to study in a different country.
The UK economy is boosted by the college fees paid by international students to study in the UK. If international students choose to come to university in the UK they often decide to stay on after their degree or PhD to work for a UK company before returning to their home country. UK employers are therefore concerned that the pool of overseas migrant talent wanting to switch to a graduate visa or a skilled worker visa may be reduced if international student numbers fall. Immigration lawyers understand sponsor licence holders’ concerns given the extent of the UK skills shortages in some industries, such as the healthcare or hospitality sectors.
Impact of dependant visa immigration rules changes on current international students and their dependents
The immigration rule changes do not affect the ability of those who are currently in the UK on dependant visas where the main visa applicant is on a student visa to:
- Remain in the UK
- Apply to extend their dependent visa – provided that the student visa holder remains in the UK on a valid visa
Switching visa restrictions for student visa holders
The new switching visa restrictions mean that those in the UK on a student visa cannot apply to switch visas to a new route until they have completed their courses.
Students on courses at degree level or above will be able to apply before their course completion to switch to sponsored work routes, provided their employment start date is not before their course completion. Students on PhD courses can apply to switch to a work visa after 24 months of study.
The switch changes are also effective from 17 July 2023.
The rush to bring in student visa immigration rule changes
The changes to the student visa came into effect at 3 o’clock on 17 July 2023. The UK government did not follow the usual convention that changes to the immigration rules would take effect at least 21 days after coming before Parliament.
The government has said it made the changes without giving the usual 21-day notice period to avoid a flurry of dependant visa applications made by family members of student visa holders and to reduce the number of student visa switch applications being made before a cut-off date. The rationale behind this decision was that international student visa applicants had notice of the proposed changes in late May 2023.
The key takeout
The key takeout from the government‘s implementation of the changes to the student visa rules is that if you hear about planned visa rule changes and you think that the rule changes may affect your immigration and visa plans or those of a member of your family then take immigration legal advice without delay.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
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