Immigration Barristers' Blog

The Institute of Directors (IoD) has spoken out against the government's proposed changes to the student visa system.

The Director-General of the IoD, Simon Walker, said: “The Government’s moves to eject foreign students after graduation unless they earn at least £20,000 working for Home Office approved companies are a retrograde step which will continue to diminish both Britain’s higher education sector and its global influence.

“Most non-EU students come from emerging economies where the youth population is growing and education is highly prized. In business and geo-political terms it is particularly vital that future leaders from BRIC nations, the Middle East and other strong economies of the future have had a positive formative relationship with the UK. Other countries welcome such students: Britain makes it difficult and artificially expensive for them to enter, and now proposes to eject them ignominiously when their studies are finished.

“These are misdirected reforms which will produce no benefit for the UK. It is pure sophistry to manipulate immigration figures by shooing to the door highly-trained international students with MBAs to make way for unskilled migrants from the EU.”

New rules will come into force within weeks to ensure that the brightest and the best students can stay and work in the UK, Immigration Minister Damian Green has announced.

Students can currently work in the UK for two years after their studies have finished, under the Tier 1 (Post-study work) route. But from 6th April, a more selective system will come into effect so only the most talented international graduates can apply to stay in the UK for work purposes.

Only those who graduate from a university, and have an offer of a skilled job at a salary of at least £20,000 (or more in some cases) from a reputable employer accredited by the UK Border Agency, will be able to continue living and working in the UK.

The rules are part of a radical overhaul of the student visa system, which will:

• encourage growth - a new Graduate Entrepreneur route will open, with up to 1,000 places for students working on world-class innovative ideas who want to stay and develop them but do not meet the requirements of the Tier 1 (Entrepreneur) route;
• boost the economy - young entrepreneurs or small company directors will get the chance to stay on in the UK after their studies if they have £50,000 to invest in their business;
• ensure that students can support themselves - for the first time since 2008, there will be an increase in the amount of money that students and working migrants (and their dependants) must prove they have to support themselves financially during their time in the UK; and
• tackle abuse - restricting work placements to one-third of the course for international students who are studying below degree level will ensure that those coming to the UK are here to study, not to work (as was often the case in the past). Additionally, the time that can be spent studying at degree level will be restricted to a general limit of five years.

Private higher education colleges face being devastated by a 'misplaced' clampdown on overseas students, CentreForum has warned.

In a new report, the think tank calls for the reversal of student visa controls which prohibit international students enrolled on HE courses at private colleges from working part time to support their studies.

Since these controls were introduced in 2011, enrolment numbers are estimated to have dropped by around 70%. One private institution, Cavendish College London, has already closed, while others face being taken over by public universities.

CentreForum had previously warned government about the adverse impact of the Tier 4 student visa reforms. It is now concerned that the impact has been 'swift and probably even more devastating than was predicted.'

In its report, CentreForum recommends that:

• The government should give Tier 4 visa applicants on HE courses at private colleges the same working rights as those studying at public universities.
• Tier 4 international students should be treated as temporary visitors rather than permanent migrants, and should be excluded from the government's net migration figures.

According to a report issued by the European Commission, foreign students still experience difficulties coming to the EU to study, due to an uneven implementation of the relevant EU legislation.