Tier 4 – Child


Proposed Amendments to the Immigration Bill

Access to higher education for young people leaving care who have leave to enter or remain

Baroness Hamwee and Lord Paddick have proposed amendments to the Bill in regards to providing leaving care for young students who have leave to enter or remain. Those amendments will include: student support, tuition fees. Specifically, students fees may not be charged at a higher rate.

“Student support” means financial support by way of grant or loan made by the Secretary of State pursuant to regulations under section 22 of the Teaching and Higher Education Act 1998 (new arrangements for giving financial support to students).

“Tuition fees” means fees payable for a course of a description mentioned in Schedule 6 to the Education Reform Act 1988 (courses of higher education).”


Mandalia v SSHD [2015] UKSC 59

The case Mandalia v Secretary of State for the Home Department [2015] UKSC 59 can be pivotal example in regards to whether the Presenting Officer has a duty to apply evidential flexibility or it is just a mere power. In this case, the Court of Appeal said: “power”, however, the Supreme Court said: “a duty”.

From August 2009, evidential flexibility was embraced, which allows applicants to repair the deficit in their evidence or correct minor errors in applications for Tier 1, 2, 4 and 5 main and dependent applicants.

The flexible process instruction falls into 19 steps, four of which relevant to the above mentioned case, which the caseworker has to undertake when there is missing evidence or minor errors in the application:

  1. It needs to be identified whether there was missing evidence, if yes the caseworker must proceed to step two;
  2. It needs to clarified whether the application would be refused even if the missing evidence was rendered, if no, the caseworker must proceed to step three;
  3. The caseworkers request for additional documents in certain circumstances, where they are assured that the missing evidence exists, e.g. listed in Annex A (not exhaustive);
  4. In step four, the caseworker is to discuss the uncertainty with his line manager. Benefits should be counted towards the applicant if the line manager has reasonable grounds to believe that the missing evidence exists or even unsure, thus the evidence should be requested in step five by contacting the applicant.

It was held that the Home Office’s refusal was unlawful as there was not any attempt firstly to invite Mr Mandalia to correct minor error specifically to repair the deficit in his evidence. Therefore, the court should allow this appeal, and annul the refusal of Mr Mandalia’s application.


New changes affect Tier 4 students

  • From August 2015, Tier 4 students at publicly funded colleges are no longer allowed to work part-time.
  • From August 2015, Tier 4 students at universities are now permitted to study at the same level if there is a link with the previous course which have been studied before, or if it is confirmed by the university that the same level course sustains their future career.
  • From November 2015, college students are stopped to apply for an extension of their Tier 4 visas unless the college is embedded to a university recognised by the Home Office.
  • From November 2015, college students are not permitted to switch to Tier 2 and Tier 5 visa inside the UK.
  • From the autumn 2015, Tier 4 dependants are prevented to take unskilled or low skilled jobs, however permitted to take skilled work on the part and full time basis.

Biometric Residence Permit (BRP) new rules

From this year, entry clearance applicants will be issued a Biometric Residence Permit, which must usually be collected within 10 days of arrival in the United Kingdom.

Applicants affected

Individuals applying for Naturalisation as a British Citizen, an EEA Residence Card and EEA Permanent Residence must also now have their biometrics taken. The biometrics will be used to issue a biometric card as a form of UK visa.

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