Understanding the Federal Skilled Worker Program

This application must comply with the requirements set out in Appendix Student of the Immigration Rules. For expedited processing, you can opt for the fast-track service, which includes Priority Service (decisions within 5 working days) or Super Priority Service (decisions within 24 hours) provided by the Home Office UKVI.

Expert Student Visa Solicitors

Our dedicated team of student visa solicitors offers top-notch legal services for switching to a student visa from within the UK. We provide expert immigration advice and legal representation on a fixed fee basis for your switch to a student visa. Our specialists are well-versed in fast-tracking applications via Priority and Super Priority Services to ensure quicker decisions by the Home Office UKVI. You can ask our student visa solicitors for free online immigration advice or schedule an appointment for a comprehensive consultation regarding your application to switch to a student visa from within the UK.

Immigration Status Requirements for Switching to a Student Visa

To switch to a student visa from within the UK, your current immigration status must not be:

Visitor

Short-term Student

Parent of a Child Student

Seasonal Worker

Domestic Worker in a Private Household

Outside the Immigration Rules

Additionally, you must not be on immigration bail. If you hold any other lawful immigration status, you may switch to a student visa from within the UK.

Eligibility Criteria for Switching to a Student Visa

To qualify for switching to a student visa, you must meet the following criteria:

Your current immigration status must allow switching to a student visa.

Your application must be valid and made no more than 3 months before your course start date, as stated in the Confirmation of Acceptance for Studies (CAS).

Your course must start within 28 days of the expiration of your previous UK visa.

You must satisfy all requirements related to the CAS.

You must comply with course requirements and meet the points-based criteria, scoring 70 points.

You must prove you are a genuine student and pass the genuineness test for a student visa.

Your application must not be subject to refusal under general grounds as outlined in Part 9 of the Immigration Rules.

You must not be in breach of UK immigration laws, except in cases where paragraph 39E applies, allowing the disregard of overstaying periods.

Financial Requirements for the Dependent Partner of a Student: Course of Study Criteria

Course of Study Requirements Applicants must adhere to specific guidelines for their course of study: The application must focus on a single course, in line with ST 8.2 requirements unless it involves:

o A combined pre-sessional course that meets ST 15.1 to 15.3 criteria.

o A full-time, salaried, elected position as a Student Union Sabbatical Officer, applicable either during their studies or in the academic year following their graduation.

o Participation in the Doctorate Extension Scheme, provided the Confirmation of Acceptance for Studies (CAS) has been issued by a compliant higher education provider within 60 days of the anticipated completion of a PhD program.

Course Eligibility Criteria

The application should pertain to one of the following courses:

A full-time course at degree level or higher, leading to an approved qualification.

A full-time course below degree level with at least 15 hours per week of structured

daytime study (Monday to Friday, 08:00 to 18:00) that leads to an approved qualification.

A full-time pre-sessional course with at least 15 hours per week of organized daytime study.

A part-time course above degree level leading to an approved qualification, where the CAS is issued by a compliant higher education provider.

A full-time course at degree level or higher recognized by UK NARIC as equivalent to a UK higher education course, with CAS issued by either an overseas higher education institution or a compliant UK provider.

For courses related to the Association of Certified Chartered Accountants (ACCA) or ACCA Foundations in Accountancy qualifications, the student sponsor must be an ACCA-approved learning partner with either Gold or Platinum-level accreditation. If the course falls under the Academic Technology Approval Scheme (ATAS), the applicant must hold a valid ATAS certificate and submit it with their Student visa application.

Approved Qualification Requirement

Except for pre-sessional courses, the study program must lead to an approved qualification, which can be one of the following:

Validated by Royal Charter.

Awarded by a recognized UK body.

Covered by a legal agreement between a recognized UK body and another education provider or awarding body, confirming both:

o The UK body’s independent evaluation of the program against the Regulated Qualifications Framework (RQF) or equivalent.

o That the UK body would admit successful students from the program into specific or a range of degree-level courses it offers.

Recognized through a formal articulation agreement by one or more recognized bodies.

In England, Wales, and Northern Ireland, at RQF level 3 or above; or in Scotland,

accredited at Scottish Credit and Qualifications Framework (SCQF) level 6 or above.

An overseas qualification assessed by UK NARIC as equivalent to RQF level 3 or above.

An aviation licence, rating, or certificate issued by the UK Civil Aviation Authority.

Level of Study Requirement

For courses assigned by a probationary sponsor (excluding pre-sessional courses), the following criteria must be met:

In England, Wales, or Northern Ireland:

o The applicant is under 18, and the course is at RQF level 3 or above.

o The applicant is 18 or older, and the course is at RQF level 4 or above.

In Scotland:

o The applicant is under 18, and the course is at SCQF level 6 or above.

o The applicant is 18 or older, and the course is at SCQF level 7 or above.

For courses assigned by a compliant student sponsor, the course must meet the following criteria:

In England, Wales, or Northern Ireland, the course must be at RQF level 3 or above.

In Scotland, the course must be at SCQF level 6 or above.

The course is part of a short-term study abroad program in the UK and is recognized as

equivalent to a UK bachelor’s degree or higher by UK NARIC.

The course is a pre-sessional English language course at level B2 or higher of the Common European Framework of Reference for Languages.

The course is a recognized Foundation Program for postgraduate doctors or dentists.

The course is part of a partnership between a higher education institution and a research institute, accredited at RQF level 7 or above, or SCQF level 11 or above. Place of Study Requirement

All study components must occur on the premises of the student sponsor or a partner institution, except when the applicant is on a course-related work placement, participating in a study abroad program, or enrolled in a pre-sessional course.



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