New Students Immigration Guide 2010

8/8/2019 New Students Immigration Guide 2010

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THE UNIVERSITYofEDINBURGH

New Students Immigration Guide 2010

Contents

Do I Need A Visa?...............................2

Check your category.................................................2

EU / EEA / Swiss Passport Holders................................2

Dual nationals with anEU / EEA / Swiss passport.............................................2

Non-EU / EEA / Swiss Nationals ..................................2

Which Visa Should I Apply For?.......3

Visiting Undergraduate /Study Abroad Students ...........................................3

Student Visitor Visa..........................4

If you are a visa national.............................................4

If you are a non-visa national......................................4

Entering the UKthrough the Republic of Ireland...............................4

Travel outside of the UK as a student visitor...........4

Tier 4 General Student Visa..............5

UK Border Agency Tier 4 Guidance...........................5

Scoring the points......................................................5

30 Points - CAS numberand other documents.......................6

When will we send you the CAS?........................6

How do I use my CAS to apply for the visa?............6

Other documents requiredin addition to the CAS.............................................6

How to apply for ATAS...............................................7

10 Points: Maintenance(Funds) Requirement.........................8

Course Fees................................................................8

Living Costs...............................................................8

Paid All or Part of your Courseand Accommodation Fees.......................................9

Ofcial Financial Sponsorship....................................9

Cash Funds ..............................................................9

Student Loans...........................................................9

Making A Tier 4 Application.........10 How do I apply?.....................................................10

When should I apply?............................................10

How long does it take to get a visa?...................11

When can I travel to the UK?..............................11

Dependants................................12

General points........................................................12

Refusals...........................................13

Do Tier 4 visa applications get refused?...............13

What do I do if my visa is refused?.....................13

Can the University contactan embassy on my behalf?...................................13

Links And Contacts........................14

Tier 4 full guidance from UKBA........................14

ATAS Certication..................................................14

UKVisas information on applying for theTier 4 General student visa................................14

UKVisas information to nd outwhere to apply in your country.........................14

UKCISA Information................................................14

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Do I Need A Visa?

Check your category

Immigration requirements for the UK are determinedby your nationality and whether you have an EU/EEA/Swiss passport or a Non EU/EEA/Swiss passport.

EU/EEA/Swiss Passport Holders

You do not need a visa or entry clearance and arenot subject to immigration control for the UK. Youshould enter the UK through the EU/EEA channel atImmigration on arrival.

Dual nationals with an EU/EEA/Swiss passport

If you have an EU/EEA/Swiss passport in addition toanother, we strongly recommend that you enter theUK using your EU/EEA/Swiss passport.

Non-EU/EEA/Swiss Nationals

There are two categories of Non-EU/EEA/Swissnationalities for immigration purposes: visa nationalsand non-visa nationals.

To nd out whether you are a visa national or non-visa national, please check the visa national list forthe UK:

www.ukvisas.gov.uk/en/doineedvisa/visadatvnationals

A visa is a certicate (sometimes referred to as Entry Clearance) which gives you permission to enter the UK.The visa is put into your passport or travel document by an Entry Clearance Ofcer at a British mission overseas.

My country

is onthe list

You are a visa national:

If you intend to travel to the UK to enrol on a course of studies which lasts6 months (or more), you must obtain a Tier 4 General student visa before

travelling to the UK.

If your course of studies is less than 6 months, you can apply to enter theUK as a student visitor. You must obtain this visa before you leave yourhome country.

My countryis not on

the list

You are a non-visa national:

If you intend to travel to the UK to enrol on a course of studies which lasts6 months (or more), you must obtain a Tier 4 General student visa beforetravelling to the UK.

If your course of studies is less than 6 months, you can apply for entry tothe UK as a student visitor either prior to leaving your home country, oron arrival at UK immigration at the port of entry.

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If your intention is to travel to the UK as a student, there are two visa routes available. The route you are

eligible to use is determined by the length of the course you are travelling to study:

Which Visa Should I Apply For?

Length ofCourse

Visa option Examples

Less than6 months

Student visitororTier 4 General

Visiting undergraduate (semester long programme) Study Abroad programme of less that 6 months English language programme lower than B2 level

6 monthsor more

Tier 4 General

Full degree programme students: undergraduate, orpostgraduate taught or research degrees

Full year exchange programme Visiting postgraduate research towards an overseas degree English language programme above B2 level

Visiting Undergraduate / Study Abroad Students

If you are travelling to Edinburgh to undertake short-term exchange studies of less than 6 months,you may wish to consider doing so under the student visitor category.

Should you wish to have the opportunity to work part-time during your studies or extend yourtime at Edinburgh for more studies - which is not permissible under the student visitor category- you should make an application for the Tier 4 General student visa. To do so, you will need tocontact your visiting undergraduate ofce at Edinburgh so that we can issue you with the requireddocumentation for a Tier 4 General student visa application.

Please also refer to the section Travel outside of the UK as a student visitor (Page 4).

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Student Visitor Visa

Student visitor visa/entry clearance is for people who

wish to travel to the UK as a student in order to studyon a course of studies which runs for 6 months or less.

Note that if you enter UK as a student visitor, you cannot:

Work paid, unpaid or voluntarily or undertake apaid, unpaid or voluntary work placement, even ifthis is part of your studies;

extend your visa in the UK for more studies, orapply for other visas from within the UK;

bring dependants.

If you wish to be able to do any of these activities,then you must make an application for a Tier 4General student visa.

If you are a visa national

You will need to apply through the British Embassyin your country. You will require an application form,either completed on-line or in hard copy format.

Details on how to apply can be found at:www.ukvisas.gov.uk/en/howtoapply/infs/inf2visitors

The application form is called VAF1D and it contains achecklist of the documents you need when applying:www.ukvisas.gov.uk/resources/en/docs/1903073/VAF1D

If you are a non-visa national

You can apply on arrival at UK Immigration as longas you arrive directly into the UK from outside of theUK/Republic of Ireland common travel area.

You should bring your joining letter; original bankstatements demonstrating how you intend to fundyour studies and evidence of your intention to returnto your home country such as a return air ticket, inyour hand luggage.

The Immigration Ofcer should write a handwritten

observation in your passport to show that it isstudent visitor entry. This is usually the lettersS.V written next to the entry stamp, though thereare variations. Please ensure that you have a studentvisitor observation next to your arrival stamp beforeyou leave the immigration counter.

Entering the UK through theRepublic of Ireland

If you are a visa national and/or have arranged yourstudent visitor visa or Tier 4 General visa prior toentry to the UK, you can enter through the Republicof Ireland. However, your visa will not be activatedon arrival into the UK. For this reason, you shouldretain your boarding card stubs which demonstratethe date you entered the UK, should you be asked toprove these at a future date.

If you are a non-visa national and you expect toarrange a student visitor entry to the UK on arrival,you must not enter through the Republic of Ireland.This is because passengers arriving from Ireland intothe UK do not pass through immigration control. Itis not possible to arrive through domestic arrivalsand request access to the immigration counter atinternational arrivals afterwards.

If you do enter the UK through Ireland, you will bestamped on entry there as a tourist (general visitor)for 90 days. While this stamp permits travel to the

UK, it does not permit you to study. The Universitywould be unable to enrol you if this was the stampwith which you entered the UK.

Travel outside of the UK as astudent visitor

If you have applied for a student visitor visa beforeyou leave your home country, then it is normally amultiple entry visa. This means that you can travelin and out of the UK during the validity of the visa,provided that you are still entering the UK each timefor the same purpose (studies).

If you have applied on entry to the UK, your visa isan entry stamp in your passport. It does not havemultiple entry conditions. You will therefore needto demonstrate to an immigration ofcer that youfull the student visitor rules each time you re-enterthe UK after travel. You should therefore carry up-to-date documentation with you in your hand luggagewhich demonstrates that you continue to full the

student visitor rules.

The decision to re-admit you to the UK is for theimmigration ofcer on arrival and should not be takenfor granted. Being prepared with documentationwhich demonstrates that you are still a student,and taking a reasonable approach to the amount oftravel you undertake, may minimise any risks.

www.ukba.homeofce.gov.uk/studyingintheuk/student-visitors/applying/

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If you are coming to the UK for a full-time degree

course (Undergraduate, Masters or PhD) or a courseof study lasting 6 or more months or you wish tohave the exibility the student visitor visa does notoffer, you will need a Tier 4 General visa.

A Tier 4 General visa allows you to study in the UKand in addition, permits part-time employment up toa maximum of 20 hours per week during term time.Periods of full-time employment are also permittedduring vacation periods on your course.

UK Border Agency Tier 4 Guidance

The UK Border Agencys Tier 4 Guidance covers thefull requirements of Tier 4 General visas, includingthe exact requirements for the original documentsyou must use to apply:

www.ukba.homeofce.gov.uk/sitecontent/applicationforms/pbs/Tier4migrantguidance1.pdf

In order to make a successful application, you should

follow the detail in the guidance, specically inrelation to the documents you need to provide. Thisguidance should be your primary point of informationthroughout the process.

Scoring the points

The UK immigration system is points based, meaningthat your application is considered according to aset number of points that you score by sending therequired evidence with the application. Applicationsare considered according to the same rules andoriginal evidence requirements, regardless of wherein the world the decision is made or the nationalityof the applicant.

To successfully apply for a Tier 4 General visa, youmust score 40 out of 40 points by providing therequired evidence:

Points What you get points for: Evidence required:

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A Conrmation of Acceptance for Studies (CAS)A CAS number issued by the Universityof Edinburgh.

Original documents listed on your CAS

If you are applying for a visa for a coursefor the rst time your CAS will be issuedon the basis that the University useda previous qualication to assess thatyou are suitable to take the course. Thisqualication will be noted on your CASle. You must include your ORIGINALdegree certicate, qualication ortranscript.

ATAS CerticationIf your course requires you to haveATAS clearance, you must provide aprintout of this certicate.

10 Maintenance (Funds) RequirementYou will need to demonstrate you areable to fund your tuition fees for theacademic year plus a set amount foryour living costs.

All documents you send for consideration with the application must be original. This includes your passport.

It is essential that you get the application right rst time. If you do not full the points by sending in all theoriginal documents required at the time of applying, the UKBA will not be able to approve the application.If you miss anything out, the visa ofcer will not contact you to ask for it and will refuse your application.

Tier 4 General Student Visa

www.ukba.homeofce.gov.uk/studyingintheuk/adult-students/

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A Conrmation of Acceptance for Studies (CAS) is

a 14 digit alpha-numeric reference number whichis essential to your Tier 4 General visa application.Without it - and any original documents listed in it -you will not be able to make a successful applicationfor the visa.

The number is generated by the University creatinga le on an immigration database called the SponsorManagement System (SMS). The details on thissystem are shared between the University and theUK Border Agency. Once the number is generated,you can use it to make a visa application. It is valid

for use in one application for up to 6 months fromthe date of issue.

The University provides mandatory informationabout you and your studies to set up the CAS. Theinformation must be completely accurate and youshould ensure that the University has the correctspelling of your name as it appears in your passportas well as your correct passport number.

When will we send you the CAS?

When you have accepted an unconditional offer andprovided a scan or copy of your passport, we willapply for a CAS from the UKBA.

Once the CAS has been set up, we will email youwith the details we have noted on the system in yourname. If there are any mistakes in the information,it is your responsibility to notify us of these, so thatyour CAS can be changed before you apply.

As the CAS remains valid for only six months, we willset it up no earlier than six months before the startof your studies with us. In addition, you cannot use itin an application for a visa more than three monthsbefore the start date of the course. It can only beused once so if your visa application is refused, youwill need to arrange a new CAS.

Please note: if you have applied to more than oneinstitution, you may be given a CAS number foreach unconditional offer. You must only use the CASnumber relevant to the institution and course ofstudies that you wish to attend when you apply forthe visa.

How do I use my CAS to apply forthe visa?

When you apply for the visa, you need only note downthe correct CAS number at the required section of theapplication form. No specic additional documentsare required as evidence of the number itself and wewill not provide these unless requested.

The immigration ofcer who considers yourapplication will use the CAS number you write on yourapplication form to access your le on the system.

All the details about your studies and informationdetailing the original documents they will expect tosee in relation to your CAS number will be availableto them.

Other documents required inaddition to the CAS

Previous Qualications

Your CAS will give details of the qualication that theUniversity used to assess your suitability to take thecourse. The email which conrms your CAS will detailwhich document has been used.

You must therefore include the ORIGINAL degree oreducational certicate of any qualications notedon the CAS.

ATAS Certicate

www.fco.gov.uk/en/about-us/what-we-do/

services-we-deliver/atas/

The Academic Technology Approval Scheme (ATAS)was introduced on 1 November 2007. The UKGovernment intends it to be a measure to stop thespread of knowledge and skills that could be used inthe proliferation of weapons of mass destruction.

Your unconditional offer and your CAS email willconrm whether you require an ATAS certicate ornot. If you do need one, you should apply for it as early

as possible as it is required in the visa application.

30 Points - CAS number and other documents

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How to apply for ATAS

www.fco.gov.uk/en/about-us/what-we-do/services-we-deliver/atas/apply-online/

ATAS is applied for by a free, online applicationprocess. You should follow the instructions carefully

before you make the application as the informationrequested in the process is detailed and specic.

If approved, you will receive an email from the ATASteam which includes an attachment. This attachmentis your ATAS certicate. You should print it out andenclose it with your application.

The application process from online submission ofyour ATAS application to receiving the email with

the certicate attached normally takes around 20working days. At peak times of year, it can takelonger however you can apply for an ATAS certicateup to 12 months in advance of the beginning of yourcourse.

You should allow for the ATAS application processtiming when considering when to make your visa

application.

Your visa application will be automatically refused ifyou need an ATAS certicate and cannot provide oneat the time you apply.

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Money That Can Be Used

Please refer to the Tier 4 Guidance, the sectionentitled Money that can be used.

To claim 10 points for your maintenance you mustprovide ORIGINAL documentary evidence that youhave:

paid all or part of your course and Universityaccommodation fees and/or

are receiving ofcial nancial sponsorship and/or

hold enough money in cash funds or a student loanto cover your maintenance.

Paid All Or Part Of Your Course AndAccommodation Fees

If you pay course tuition and/or University-providedaccommodation fees before making your visaapplication, the amount of money you pay theUniversity can be deducted from the sums you need toshow the UK Border Agency for your maintenance.

Payments towards course fees are deducted from thecourse fee aspect of your maintenance funds, andpayments for University-provided accommodationare deducted from the living costs. In order to dothis, you must ensure that any payments you make

are made before you apply for the visa and that theyare noted on your CAS. If they are not noted on yourCAS, you must provide original receipts from theUniversity nance section.

How do I inform you of payments?

You can advise us of payments (or any other changesto your CAS) by replying to your CAS email with thesubject line: CAS for visa UPDATE, with a messagegiving your student number, your CAS number and

information about what was paid, how much waspaid and when the payment was made. If you havereceived an e-receipt following your payment, it isworth including it with the email.

Ofcial Financial Sponsorship

Sponsored Students

If you receive sponsorship from an ofcial nancial

sponsor such as the UK government, yourhome government, an international scholarshiporganisation, University or international company you must provide an original letter which detailsyour funding. Full information on what the lettermust include is contained in the Tier 4 Guidance.

Edinburgh University Sponsored Students

If you receive sponsorship from the University ofEdinburgh, your CAS must indicate this at the timeyou apply. When you request your CAS, pleasediscuss this with your College to ensure it is included.Without it your University sponsorship cannot beconsidered and an Immigration ofcer will expect to

see any funds in your own account.

Cash Funds And/or Student Loans

Parental Sponsorship

You can use funds held by your parents or legalguardians as evidence. However, these funds mustbe cash funds. In addition, you must provide youroriginal birth certicate (professionally translated, ifrequired) or an adoption certicate or ofcial courtdocument conrming legal guardian status. Youmust also include a letter from your parents to statethat the funds can be used for your UK education.

With your application, you must provide one month(at least 28 days) of original bank statements inone or both of your parents/guardians names.The statement must demonstrate that the amountof money you need for your maintenance hasconsistently been the minimum balance availablethroughout the month. The bank statement must bedated within 1 month of applying.

Note: only parents or ofcial legal guardians areeligible to be considered for parental sponsorship.

Your own cash funds

If you have any money outstanding over and aboveany scholarship you have or you are self funded,you must provide original bank statements or otherdocuments as detailed in the Tier 4 Guidance.

The statements must clearly demonstrate that i)you have held the required level of funds for yourapplication in cash in a bank account in your name(or joint name) ii) for a minimum of 28 days.

The balance must not fall below the required amountduring this period otherwise your application will berefused.

The best evidence you can provide are original bankstatements. Alternative evidence is accepted andcovered in depth in the Tier 4 Guidance.

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Making A Tier 4 Application

How do I Apply?

You can only apply for a Tier 4 General visa from yourhome country or in a country where you have ofcialresidency status. To begin the process, visitwww.ukvisas.gov.uk/en/howtoapply/wheretoapply/

Select your country and you will be given a linkthrough to the relevant application route. Dependingupon where you are making your applicationfrom, the initial stage of the application process iscompleted either online or on paper. If you follow

the information and process from the link, it will leadyou to making an application.

When should I apply?

Under UK immigration rules, the earliest you canapply for a Tier 4 General visa to begin studies in theUK is 3 months before the start date of the course. Ifyou apply earlier than this, your application is likelyto be rejected.

Tier 4 General student visa applications require the following steps:

Application

1. Complete the initial general visa application form online or on paper (applicationform VAF9) as required in your country.

2. Print out and complete Appendix 8 on paper (all countries):

www.ukvisas.gov.uk/resources/en/docs/1903073/PBSappendix8generalstudent

3. Pay the application fee (199GBP): this is either paid online at the end of theonline application form or in countries where applications are made on paper, ispaid when you hand the completed application to the visa application centre.

Biometrics

As part of the visa process, you will need to give your biometrics. This involves ascan of all 10 ngers and a full-facial digital photograph. More information aboutbiometrics is available at

www.ukvisas.gov.uk/en/howtoapply/biometricvisa/

Documents

Details on how and where to submit your application are given at the Where toApply site:

www.ukvisas.gov.uk/en/howtoapply/wheretoapply/

When you hand/send your application to the British authorities, you must ensure thatyou enclose all the required and relevant documentation with your application.

USE ONLY ORIGINAL DOCUMENTATION WITH YOUR APPLICATION - INCLUDING YOURORIGINAL PASSPORT.

Decision The visa section at the embassy will consider your application.

ReturnDepending upon where you apply, the documents are sent back to you by securemail or you are contacted to collect them.

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How long does it take to get a visa?

UKVisas have published the following continuouslyupdated information advising on processing times inyour country:

www.ukvisas.gov.uk/en/howtoapply/processingtimes/

You should allow around 28 working days totalturnaround for the visa to be issued. At certain timesof year, it can take longer.

How long will I get?

If you make a successful application for Tier 4General your visa will be issued along the followingtime-scales:

When can I travel to the UK?

If you are coming to the UK to study a course lasting6 or more months or a pre-sessional course, your visawill be valid for travel for 1 month before the startdate of the course.

If you are coming to the UK to study a course lastingless than 6 months, your visa will be valid for travelfor up to 7 days before the start date of the course.

Length of course Length of stay

12 months or moreThe length of the course plus four months following the end dateon CAS.

6 11 monthsThe length of the course plus two months following the end dateon CAS.

Less than 6 months The full length of the course plus 7 days after the end date on CAS.

Pre-sessional course12 month course or more: full length of course plus 4 months.6 month course or less: full length of course plus 2 months.

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Dependants

The link above contains comprehensive information

prepared by the United Kingdom Council forInternational Student Affairs (UKCISA). It detailshow to apply for a dependants visa, includingthe application process, required documents andnancial requirements. It is advisable to read itin preparation for making an application for yourdependants to join you.

Similar to the Tier 4 Guidance, the PBS DependantsGuidance provides information on the rules andrequirements for applying for a dependants categoryvisa. In addition to the UKCISA information which

provides substantial background information, youshould also consult the Dependants Policy Guidancewhich is available at:

www.ukba.homeofce.gov.uk/sitecontent/applicationforms/pbs/pbsdependantspolicy1.pdf

General points

Dependants considered under UK immigration

rules are: married partners, civil partners, same-sex or unmarried partners in a relationship akin tomarriage (for at least 2 years) and children under theage of 18. Details on the documents required can befound in the PBS Dependants Guidance.

If your course of studies in the UK is for at least6 months, you can apply to bring dependants withyou. If your course of studies is less than 6 months,your family will not be able to join you as studentdependants.

Dependants of degree-level students studying oncourses lasting 12 or more months are generallypermitted to work in the UK however, you cannot relyon potential earnings from such work as evidence fornancial requirements.

More information about dependants is availablein the pre-arrival guide which contains sections onarranging childcare and applying for education forchildren.

www.ukcisa.org.uk/les/pdf/info_sheets/your_family_print.pdf

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Do Tier 4 visa applications getrefused?

The basic premise of Tier 4 is that it is evidencebased. If you provide the documents you requirefor the application and these are in the publicisedacceptable format as per the Tier 4 Guidance andthey were sent at the time of the application, theVisa Ofcer should accept the application and granta visa.

Refusals we have experienced under Tier 4 General

visa have been for the following reasons:

Not sending required documents: applicationshave been refused where the applicant has sent indocuments for the points, but these have not beenin the format required in the Tier 4 Guidance.

Not sending in the original passport: applicationswhich do not enclose the original passport with theapplication documents have to be refused as per theUK Immigration Rules.

Not eligible to claim the points: applications havebeen refused in which the student was not eligibleto claim the points, for example, they did not havesufcient funds in their bank account for the timerequired or did not provide original certicates oftheir qualications when needed.

What do I do if my visa is refused?

Firstly, if your visa is refused you should read therefusal notice carefully. This will set out why the Entry

Clearance Ofcer has refused your application.

Secondly, you should refer to the documents yousent in with the application and cross-check whetherthese comply with the Tier 4 Guidance. This includeschecking that they are in the required format, coverthe required amount of time, are original and genuinedocuments and are set out with the information asrequired in the Guidance.

If you are refused outside of the UK, you will normallyhave a right to an administrative review. This means

that you would return the documents as directed inyour refusal notice and an Entry Clearance Managerfrom a different embassy to the one you applied to,will reconsider your application. In such a case, theymay overturn, uphold or vary the grounds of therefusal as appropriate. You should only follow this

course of action if you are certain that a mistake has

been made and that your documents were exactly asrequired in the rules.

If you accept the reasons for which you have beenrefused and they are correct as according to theTier 4 Guidance, you will need to make a freshapplication. This will mean new documentation,paying the fee again, giving your biometrics and thesame consideration process.

Can the University contact anEmbassy on my behalf?

The International Ofce maintains contact withvarious British diplomatic missions. These are onlyused for information sharing purposes. We are notin the position to instruct visa ofces to issue visasor to speed up decision making and are not able tointervene in an application made outside of the UK.

Refusals

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Published byThe University of Edinburgh

The International Ofce57 George Square - EH8 9JU

Edinburgh

Links And Contacts

Tier 4 full guidance from UKBA

The Tier 4 Guidance should be your primary sourceof information when preparing to make a visaapplication. It contains the rules, the requirementsfor documents and information about the visaapplication process.

www.ukba.homeofce.gov.uk/sitecontent/applicationforms/pbs/Tier4migrantguidance1.pdf

ATAS Certication information

If you require an ATAS Certicate, you can nd outmore about the process and begin an applicationthrough:

www.fco.gov.uk/atas

UKVisas information on applying forthe Tier 4 General student visa

Though not as detailed or as essential as the Tier 4Guidance, UKVisas provide information on how toapply for the Tier 4 General student visa.

www.ukvisas.gov.uk/en/howtoapply/infs/inf29pbsstudent

UKVisas information to nd outwhere to apply in your country

Details on how to apply in any country in the worldcan be found at the UK Visas Where to applysection:

www.ukvisas.gov.uk/en/howtoapply/wheretoapply/

UKCISA Information

The United Kingdom Council for InternationalStudent Affairs produces guidance and informationto students on how to apply for the Tier 4 Generalstudent visa. This can be found at:

www.ukcisa.org.uk/student/immigration.php

Further contact

If after reading this information and the relevantTier 4 Guidance, you have any questions aboutthe application process, please contact us [email protected]

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