PREP TASK 1
This task asks us to make notes + copy relevant pages from
appropriate resources including the Home Office Student and Child
Student guidance
1. Many queries concern the length of leave (permission) that
may be granted. Answer the following –
(a) For a course of 12 months or longer that period is granted
(a) before the course start date and (b) after the course end
date.
a. For courses 12 months or longer the start date is: 1 month
b. For courses 12 months of longer the end date is: 4 months
If granted permission, the student will be able to stay in the UK for a
period before their course start date. The duration of their course. A
period after the end of their course.
If the duration of the cause is 12 months or longer then they can
stay/have permission to stay 1 month before course start date and 4
months after the course start
If the course if 6 months or longer but shorter than 12 months they can
stay/have permission to stay 1 month before course start date and 2
months after the course end date
(b) For a course of 6 months or longer but shorter than 12
months, what period is granted (a) before the course start date
and (b) after the course end date.
a. For courses 6 months or longer, the start date is: 1 month
b. For courses 6 months of longer the end date is: 2 months
2. Some applicants are confused by the Immigration Health Surcharge
(“IHS”). Please study the current version of the Immigration (Health Charge)
Order 2015 (as amended) and ensure that you can advise on the following –
What is the IHS?
IHS is a fee that non-UK nationals are required to pay as part their visa or
immigration application. Once paid, this allows the applicant to access the NHS
during their stay.
It must be paid by most applicants who seek entry clearance, permission to enter
or permission to stay for more than six months.
It must be paid at the time of making of making the application
, Applicant must pay the Immigration health surcharge section 38 Immigration act
2014 [payment of which entitles the person to access the NHS whilst in the UK]
It is NOT optional
Temporary migrants are required to pay the IHS as part of their visa application
(unless they are exempt from paying the IHS or have been granted a fee waiver).
Payment of the IHS enables migrants to access National Health Service (NHS)
treatment without charge from the date their immigration permission is granted,
for the duration of their immigration permission.
Migrants who have paid the IHS or who are exempt from paying the IHS are able
to access NHS treatment without charge on broadly the same basis as
permanent UK residents for the duration of their immigration permission. Migrants
who pay the IHS are only required to pay for services that a permanent resident
would also pay for, for example prescription charges in England
Who pays the IHS?
Must be paid by most applicants, seeking entry clearance, permission to enter
and permission to stay for more than six months.
Non-UK nationals are required to pay [as part of their visa immigration
application]
most applicants’ applying for a visa/immigration permission for more than 6
months are required
[some categories are exempt e.g. health care workers/standard visitors, etc]
Migrants applying for time-limited immigration permission to enter the UK to work,
study or join family for a period exceeding 6 months are required to pay the IHS
covering the duration of the immigration permission applied for. Migrants applying
to extend their immigration permission within the UK are also required to pay the
IHS covering the duration of the immigration permission applied for. All applicants
for time-limited immigration permission are required to pay the IHS unless an
exemption from payment of the IHS applies or the applicant has been granted a
full or partial fee waiver.
The IHS is payable by each applicant. Where dependents are applying alongside
the main applicant, the IHS must also be paid for each dependent.
The IHS paid covers the duration of the immigration permission applied for.
Where a migrant is applying to extend their immigration permission within the UK,
they will need to pay the IHS again covering the further period of immigration
permission.
3. What is the amount of the IHS for a Student, as well as all other immigration
categories who are liable to pay it?
Students + under age + Youth Mobility Scheme [annual rates]
£776 per year for students, their dependants + those on a Youth Mobility Scheme
Visa + those under the age of 18 at the time of the application
Students + under age + Youth Mobility [6 months rate]
£388
, All other applicants [annual rates]
£1,035 per year for all other visa and immigration applications.
All other applicants [6 months]
£517.50
PTN: IHS is calculated in 6 months periods, where a migrant is applying for a
period including part of a year, the HIS will be rounded up
E.g. if a migrant applies for permission for 16 months. They will need to pay the
costs of a full year of HIS and half the yearly amount [18 months]
The HIS is charged in 6 month periods, where the total immigration permission
applied for includes part of a year, the HIS will be rounded up to the next 6
months e.g. if a migrant applies for a period of 16 months, they will be required to
pay the HIS for 18 months.
If the applicant stays for less than six months of a given year, they will pay HALF
the annual fee
4. What are the consequences of non-payment of the IHS?
If an applicant fails to pay the HIS within the specified time period. The
application must either –
(a) Refused if the application is an entry clearance application
(b)Rejected if the application is a permission to stay application
If it not paid, the application will not be granted.
5. Some applications have been refused on the ground that the applicant is
not a genuine student. Ensure that you can advise on credibility interviews
and the following credibility factors:
(a) The immigration history of the applicant and any dependant in the UK and
other countries
As per the Appendix for students when assessing whether an applicant is a
genuine student, caseworkers must also take into account other issues that arise
in particular cases.
This includes immigration history of the applicant and any dependent in the UK
and other countries
Examples include:
- Previous visa applications for the UK and other countries, including reasons for
any visa refusals
- The amount of time the applicant has spent in the UK or other countries on
previous vias and for what previous
- Whether the applicant has complied with the terms of previous visas for the UK
and other countries
This task asks us to make notes + copy relevant pages from
appropriate resources including the Home Office Student and Child
Student guidance
1. Many queries concern the length of leave (permission) that
may be granted. Answer the following –
(a) For a course of 12 months or longer that period is granted
(a) before the course start date and (b) after the course end
date.
a. For courses 12 months or longer the start date is: 1 month
b. For courses 12 months of longer the end date is: 4 months
If granted permission, the student will be able to stay in the UK for a
period before their course start date. The duration of their course. A
period after the end of their course.
If the duration of the cause is 12 months or longer then they can
stay/have permission to stay 1 month before course start date and 4
months after the course start
If the course if 6 months or longer but shorter than 12 months they can
stay/have permission to stay 1 month before course start date and 2
months after the course end date
(b) For a course of 6 months or longer but shorter than 12
months, what period is granted (a) before the course start date
and (b) after the course end date.
a. For courses 6 months or longer, the start date is: 1 month
b. For courses 6 months of longer the end date is: 2 months
2. Some applicants are confused by the Immigration Health Surcharge
(“IHS”). Please study the current version of the Immigration (Health Charge)
Order 2015 (as amended) and ensure that you can advise on the following –
What is the IHS?
IHS is a fee that non-UK nationals are required to pay as part their visa or
immigration application. Once paid, this allows the applicant to access the NHS
during their stay.
It must be paid by most applicants who seek entry clearance, permission to enter
or permission to stay for more than six months.
It must be paid at the time of making of making the application
, Applicant must pay the Immigration health surcharge section 38 Immigration act
2014 [payment of which entitles the person to access the NHS whilst in the UK]
It is NOT optional
Temporary migrants are required to pay the IHS as part of their visa application
(unless they are exempt from paying the IHS or have been granted a fee waiver).
Payment of the IHS enables migrants to access National Health Service (NHS)
treatment without charge from the date their immigration permission is granted,
for the duration of their immigration permission.
Migrants who have paid the IHS or who are exempt from paying the IHS are able
to access NHS treatment without charge on broadly the same basis as
permanent UK residents for the duration of their immigration permission. Migrants
who pay the IHS are only required to pay for services that a permanent resident
would also pay for, for example prescription charges in England
Who pays the IHS?
Must be paid by most applicants, seeking entry clearance, permission to enter
and permission to stay for more than six months.
Non-UK nationals are required to pay [as part of their visa immigration
application]
most applicants’ applying for a visa/immigration permission for more than 6
months are required
[some categories are exempt e.g. health care workers/standard visitors, etc]
Migrants applying for time-limited immigration permission to enter the UK to work,
study or join family for a period exceeding 6 months are required to pay the IHS
covering the duration of the immigration permission applied for. Migrants applying
to extend their immigration permission within the UK are also required to pay the
IHS covering the duration of the immigration permission applied for. All applicants
for time-limited immigration permission are required to pay the IHS unless an
exemption from payment of the IHS applies or the applicant has been granted a
full or partial fee waiver.
The IHS is payable by each applicant. Where dependents are applying alongside
the main applicant, the IHS must also be paid for each dependent.
The IHS paid covers the duration of the immigration permission applied for.
Where a migrant is applying to extend their immigration permission within the UK,
they will need to pay the IHS again covering the further period of immigration
permission.
3. What is the amount of the IHS for a Student, as well as all other immigration
categories who are liable to pay it?
Students + under age + Youth Mobility Scheme [annual rates]
£776 per year for students, their dependants + those on a Youth Mobility Scheme
Visa + those under the age of 18 at the time of the application
Students + under age + Youth Mobility [6 months rate]
£388
, All other applicants [annual rates]
£1,035 per year for all other visa and immigration applications.
All other applicants [6 months]
£517.50
PTN: IHS is calculated in 6 months periods, where a migrant is applying for a
period including part of a year, the HIS will be rounded up
E.g. if a migrant applies for permission for 16 months. They will need to pay the
costs of a full year of HIS and half the yearly amount [18 months]
The HIS is charged in 6 month periods, where the total immigration permission
applied for includes part of a year, the HIS will be rounded up to the next 6
months e.g. if a migrant applies for a period of 16 months, they will be required to
pay the HIS for 18 months.
If the applicant stays for less than six months of a given year, they will pay HALF
the annual fee
4. What are the consequences of non-payment of the IHS?
If an applicant fails to pay the HIS within the specified time period. The
application must either –
(a) Refused if the application is an entry clearance application
(b)Rejected if the application is a permission to stay application
If it not paid, the application will not be granted.
5. Some applications have been refused on the ground that the applicant is
not a genuine student. Ensure that you can advise on credibility interviews
and the following credibility factors:
(a) The immigration history of the applicant and any dependant in the UK and
other countries
As per the Appendix for students when assessing whether an applicant is a
genuine student, caseworkers must also take into account other issues that arise
in particular cases.
This includes immigration history of the applicant and any dependent in the UK
and other countries
Examples include:
- Previous visa applications for the UK and other countries, including reasons for
any visa refusals
- The amount of time the applicant has spent in the UK or other countries on
previous vias and for what previous
- Whether the applicant has complied with the terms of previous visas for the UK
and other countries
