Brexit and Immigration

Penningtons Manches ran a briefing on how employers and education providers should be preparing for document checking after Brexit.

We have received permission from them to share the slides.  These are correct as of Thursday 13 December.

As things currently stand, the expectation is that there will be a new immigration system in place for 1 January 2021 which will be for use by both EU and non-EU nationals.

In the event of a no-deal, a policy paper on Citizens' Rights has been published by the UK government.

GDPR

Following a question raised by a member on the GDPR helpline provided by Penningtons Manches, English UK has been sent a checklist of data protection points to consider when appointing a consultant.

The checklist can potentially be used if you are reviewing your policies and contracts with agents.

Visas

We would like to remind you about the rules relating to changing providers and course extensions under the short term study visa route.

Changing providers

Students with short term study visas are not tied to the centre where they started studying. They are free to study elsewhere during their time in the UK as long as they are choosing another centre that is accredited.

Providers are not required to inform the Home Office when students continue their studies at a new centre. Providers are advised to notify the Home Office if a student completes the course early.

Course extensions

This section looks at course extensions either with the same provider or when students have moved to a new centre.

All centres should be mindful of the end date of the original course for which the visa was obtained, as this would determine the end date of the new course. Given that students can remain in the UK for up to 30 days of the course end date; any new course must end within that period.

Where a new course cannot be completed during that time, either because of the length or as it starts after the end of the period, the Home Office expect students to apply for a new visa. This is the case even if the student has a valid visa. 

As per the November update, do get in touch if you have had students with the 11 months STS who have been able to re-enter the UK in order to take a new course that could not be completed in the 30 day period.

Clarification about multiple visa stamps for non-visa nationals

Non-visa national students who get their visa on arrival will automatically have their visa cancelled if they travel outside the UK and Ireland at any time before the end of the six months validity period of their visa. As per the immigration rules, they will get a new visa (which will be valid for a new period of six months) when they re-enter the UK.

While this may mean that students can spend more than 180 days in the UK, members should be careful when allowing students to extend their course.

If students want to stay for more than six months to continue studying, they will need to present a visa letter with new course dates when they are going through immigration on arrival.