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Minimum course duration introduced for Tier 4 family applications

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited Kingdom
Operative dateMarch 3, 2010
CategoryMigration policy
Affected groupPartners and children applying as family members of tier 4 migrants on courses of six months or less

Policy effect

For applications made from March 3, 2010, the family-member rules required a Tier 4 principal to be applying for or have entry clearance or leave to remain for a course longer than six months. Family members could no longer accompany a Tier 4 migrant on a course lasting six months or less under these provisions. Applications made before March 3 retained the previous rules and resulting leave conditions.

Conditions and exceptions

Validated condition or limit: For applications made from March 3, 2010, the family-member rules required a Tier 4 principal to be applying for or have entry clearance or leave to remain for a course longer than six months.; Applications made before March 3 retained the previous rules and resulting leave conditions.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… ourse, (2) employment during term time of no more than 10 hours per week where the student is following a course of study below degree level study (excluding a foundation degree course),” 7. In paragraph 245ZY(c)(iii), renumber subsequent sub-paragraphs (2) to (5) as (3) to (6). 8. In paragraph 245ZZB(c)(iv)(1) delete “20” and substitute “10”. 9. In paragraph 245ZZD(c)(iv)(1) delete “20” and substitute “10”. 10. After paragraph 319C(h)(iii), insert: “(i) If the Relevant Points Based System Migrant is a Tier 4 Migrant, the Tier 4 Migrant must be applying 3 for or have entry clearance or leave t … o remain for a course of study that is longer than six months.” 11. In paragraph 319D(b)(iv), after “employment” substitute “.” with “,” and insert: “(v) if the Relevant Points Based System Migrant is a Tier 4 Migrant who is following a course of study below degree level study (excluding a foundation degree course), no employment.” 12. After paragraph 319H(h)(iii), insert: “(i) If the Relevant Points Based System Migrant is a Tier 4 Migrant, the Tier 4 Migrant must be applying for or have entry clearance or leave to remain for a course of study that is longer than six months.” 13. In paragraph … ng term-time, and full-time during vacations. Amendments to Rules for family members 7.5 The Immigration Rules are being amended so that a family member of a Tier 4 Migrant who is following a course of study which is six months or less in duration, will not be permitted to accompany the Tier 4 Migrant to the UK. 7.6 In addition, where a Tier 4 Migrant is following a course of study which is below degree level (except for those on a foundation degree course), family members will not be permitted to take employment, unless they qualify in their own right under Tier 1 (General), Tier 2 (General), … 6 (HC 130), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711) and 10 December 2009 (HC 120). The changes in this Statement shall take effect on 3 March 2010. However, if an applicant has made an application for entry clearance or … rsons in, the United Kingdom. 4.3 This Statement of Changes in Immigration Rules has been incorporated into a consolidated version of the Immigration Rules, which can be found under the ‘Policy and Law’ page at: www.ukba.homeoffice.gov.uk, where there are also copies of all the Statements of Changes in Immigration Rules issued since May 2003. 4.2 These changes to the Immigration Rules will come into force on 3 March 2010. However, if an application is made before 3 March, it will be decided in accordance with the Rules in force on 2 March 2010, regardless of the date that decision is made. The …
UK Home Office, official Statement of ChangesHC 367 paragraphs 10 and 12; memorandum 7.5; transitional commencementOpen official source
Retrieved from https://assets.publishing.service.gov.uk/media/5a7cde8aed915d71e1e4e213/hc367.pdf

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record recovered-gb-tier4-family-entry-20100303. Something wrong? Flag this record.

Other United Kingdom changes operative in 2010