The Genuine Student Rule in Student Visa (Tier 4 (General) Applicants (Part 1 of 3)
All visa nationals wishing to study in the UK for longer need to apply for a document known as entry clearance (visa) to study here. This document is the UK immigration authorities’ permission allowing international students to enter the UK in order to study.
In the majority of cases, all non-visa nationals, those who do not require a visa to enter the UK for the purposes of visiting the UK. However they’ll need to apply for a visa before travelling to the UK if they would like to study in this country. This is because if they want to study in the UK, their main purpose of the visit will not be ‘just visiting the UK’. They’ll be entering the UK to study. For this reason, even if you are from a country which allows you to enter the UK via e-gates, by law, you cannot do that. You will need to see the UK immigration officer. This immigration officer will then ask you questions to establish that you meet the requirements for a short term student. In THIS ARTICLE I’ve explained the Short-Term Student UK Immigration Route.
If you are a visa-national or a non-visa national adult wishing to study in the UK for over 6 months, you’ll need to apply under Tier 4 (General) UK Immigration route. In THIS ARTICLE I’ve summarised the main requirements you’ll need to meet to succeed in this application.
One of the most frequent reasons for refusal of Tier 4 (General) Students applications is a failure to satisfy the ‘genuine student rule’.
In this article, you’ll find out what decisive factors of the ‘genuine student rule’ are. Due to length, I’ve divided this article into three parts. This is part 1. You can read reading part 2 HERE and PART 3 HERE.
In essence, the ‘Genuine Student Rule’ is about your ability to convince the decision-maker of the fact that your true intention is to study in the UK. In other words, you’ll need to prove your credibility. There are a number of steps, which you may take to accomplish this with ease.
In their guidance, the UKVI has provided a number of factors and examples illustrating how they will be applied when assessing the ‘Genuine Student Rule’.
Tier 4 Credibility: Factors to be Considered
The immigration history of the applicant and any dependant, in the UK and other countries
The decision-maker will assess your previous visa applications for the UK (if any) and other countries. If there was a refusal, they’ll analyse the reasons for any visa refusals. The amount of time you have spent in the UK or other countries on previous visas, and for what purpose are also important.
Your chances may be jeopardised if you have not complied with the terms of previous visas for the UK and other countries. For example, where you claimed public benefits or where you worked more than you were allowed to.
THIS IS PART 1 OF 3.
And finally, if you are thinking of submitting a visa application, you will significantly increase your chances for success by understanding the rules and the process of your visa application. I, therefore, created a number of online courses to help you do exactly that. Knowledge will give you confidence and may help avoid refusal. For more information about the courses CLICK HERE.