This Points Based System tier for students has two sub-categories. The 'general' sub-category applies to adult students and the 'child' sub-category applies to those aged 4-17.

The Government has restricted the courses that can be offered to non-EEA nationals and placed restrictions and compliance responsibilities on the establishments that can offer the courses.

To be a Tier 4 sponsor, you must be an education provider that offers courses of study to students. The only exceptions are as follows:

  • The Foundation Programme Office is the sponsor of all migrants on the two-year Foundation Programme for postgraduate doctors.
  • Where the migrant's programme of study forms part of an overseas degree course, the prospective sponsor in the UK can be an organisation linked by common ownership or control to the overseas university. The UKBA will require proof of these links before granting a sponsor licence.

State schools, including those with sixth forms, cannot be Tier 4 sponsors.

Tier 4 (general)

  • This category is for people who want to come to the UK for their post-16 education.
  • Students aged 16 or 17 can apply under Tier 4 (general) if they want to take a course at or above National Qualifications Framework level 3 (or equivalent) that lasts more than three years.
  • Students aged 16 or 17 must apply under Tier 4 (General) if they want to study for an English language qualification at Common European Framework of Reference for Languages (CEFR) level A2 or above.
  • There are increased maintenance requirements and proposals to limit the ability of dependants to accompany students and their ability to work in the UK. It is important to take professional advice before making an application.

Tier 4 (child)

  • This category is for children between 4 and 17 years old.
  • To be able to apply under Tier 4 (child), a child between 4 and 15 years old must be coming to the UK to be educated at an independent fee-paying school.
  • Students aged 16 or 17 must apply under Tier 4 (child) if they want to take a course below National Qualifications Framework level 3.
  • There is strict control regarding the establishment that can sponsor general students and the courses they can offer.

This immigration permission is secured in two stages.  First, the sponsor issues Certificate of Acceptance of Studies ("CAS").  The second stage involves an application to the UKBA or as an entry clearance visa application to a UK consulate overseas and all original supporting documentation needs to be submitted in support.

To find out more, please contact our head of Immigration in London, Gavin Jones, on gavin.jones@bllaw.co.uk or 020 7814 5495. Alternatively, you can fill out our enquiry form and a member of the team will be in contact shortly.