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This instrument amends the Immigration Rules that are used to regulate people’s entry to and stay in the United Kingdom. The detail of the changes being made is included in section 7 of this Explanatory Memorandum, but in
summary, the changes will:
These changes shall take effect on 5 October 2020 at 0900. In relation to those changes, if an application for entry clearance, leave to enter or leave to remain has been made before 5 October 2020 at 0900, such applications will be decided in accordance with the Immigration Rules in force on 5 October 2020 at 0859.
Where consequential changes relating to the need to obtain an ATAS certificate have been made to the conditions of leave for routes, these changes take effect for all applications made or granted on or after 5 October at 0900.
The changes are being introduced to give effect to the Government’s plan to create a global visa system which applies equally to all individuals coming to the UK to work or study, including EEA nationals. The Government set out its
intent in a policy statement, ‘The UK’s points-based immigration system, on 19 February 2020 and provided further details in its policy statement, ‘UK points-based immigration system: further details statement on 13 July 2020.
The Student and Child Student routes will replace the Tier 4 (General) and Tier 4 (Child) routes in the Immigration Rules.
The main differences between the Tier 4 routes and the Student routes are outlined below:
As part of the new simplified style, we are introducing new Rules on English Language and Finance (which will only apply to the new Student and Child Student routes at this stage) with the intention of creating Rules on themes that
apply across several routes.
These thematic Rules include changes to:
EEA nationals are subject to transitional arrangements until the transition period ends on 31 December. An EAA or Swiss national who makes an application in the UK under the new Student or Child Student rules before 1 January 2021 will have their application rejected since they continue to have Freedom of Movement under EU law and are entitled to apply to the EU Settlement Scheme.
EEA nationals who apply under the Student or Child Student rules from outside the UK will only be granted leave that commences on or after 1 January 2021, provided they meet the requirements of the route.
The list of countries whose nationals may submit reduced documentary evidence (formerly Appendix H) has been updated to add all the countries which form part of the EEA and Switzerland. The following countries have
been added to the list: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,
Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden and Switzerland.
The Tier 4 (General) and Tier 4 (Child) routes will be closed to new applications after 5 October 2020 at 0859. References to Tier 4 have either been deleted from the Immigration Rules or amended where appropriate to reflect the new Student and Child Student rules. All references to Students or Child Students in the new rules must be read as including references to people who currently hold leave as Tier 4 Migrants, including in Part 9, Appendix AR and
Appendix W. All Student and Child Student applications, including Student Dependent applications, which are made on or after 5 October 2020 at 0900 will be decided in accordance with the new Student rules, even where they are
accompanied by a Certificate of Acceptance for Studies which was issued under the Tier 4 rules and policy in place before 5 October at 0900.
This Statement of Changes in Immigration Rules is not being made under the European Union (Withdrawal) Act, but it relates to the withdrawal of the United Kingdom from the European Union because it supports implementation of the Student and Child Student routes to permit EEA nationals to apply to enter the UK as students.