Changes to the child visitor rules

announced by UK Border Agency

This post was written by Charles Kelly on December 26, 2009
Posted Under: News

The UK Border Agency has announced details of next month’s changes to the rules on
foreign students under the age of 18 who come to the UK on exchanges and educational
visits.

From 1 January 2010, students from countries outside the European Economic Area will
be able to apply to enter the UK for up to six months on an exchange or educational visit
to a state-maintained school, a non-maintained special school, an independent fee-paying
school or an independent non fee-paying school. They will not require entry clearance,
unless they are nationals of countries who require a visa to enter the UK – visa nationals.

This provision replaces and supersedes the temporary concession that permitted such
visits until 31 December 2009. If we have granted you permission to enter or remain in
the UK on the basis of that concession on or before 31 December 2009, the permission
will remain in force provided you remain in the UK.

If you apply for entry clearance (or, in the case of non-visa nationals, permission to enter)
at a port in the UK under the new provision, you will need to satisfy the entry clearance
or immigration officer that:

• you are under 18;

• you intend to leave the UK on completion of the exchange or educational visit,
which must not last for more than six months;
• a school as described in paragraph 46A (viii) of the Immigration Rules has
approved the exchange scheme or educational visit – you should produce, for
example, a letter from the school or the organisation arranging the exchange;
• suitable travel, reception and care arrangements are in place for your stay here,
and there are sufficient funds for your support;
• the care arrangements that are in place for you comply with relevant UK care
requirements;
• the care arrangements also meet the requirements described in paragraph 46A (iv)
of the Immigration Rules if you are under 16 (or under 18 if you are disabled) and
will be cared for full-time for more than 28 days by adults who are not your
parents or close relatives;
• you have a parent or guardian in your home country who is responsible for your
care and who confirms that they consent to the visit and to any foster care
arrangement – you should provide, for example, a letter from them confirming
this; and
 • you are not intending to study at an educational institution that holds a Tier 4
sponsor licence or accreditation from an accreditation body approved by the UK
Border Agency, or that is inspected by a public review body (Ofsted, Her
Majesty’s Inspectorate of Education, Estyn, Northern Ireland’s Education and
Training Inspectorate, or the Independent Schools Inspectorate).

You can find out how to apply for a visa (as a child visitor) on the visa services website.

More information about the requirements for entry as an exchange or educational visitor
under paragraph 46A (viii) of the Immigration Rules will be published on this website on
the 31 December 2009.

The changes to paragraphs 46A (iv), on foster care arrangements, and 46A (vii), on
inspection by public review bodies, will apply in relation to all child visitors.

For a full list of changes to the Immigration Rules from 1 January 2010, see the UK
Border Agency news story from 10 December 2009.

UK Border Agency announce details of next month’s changes to the rules on foreign
students under the age of 18 who come to the UK on exchanges and educational
visits. Full story…

Other stories this week at www.immigrationmatters.co.uk

Illegal Israeli workers removed from the UK

The UK Border Agency removed eight Israeli illegal workers from the UK this week
after they were caught selling hair and beauty products to Christmas shoppers at
Cribbs Causeway.

New study reveals impact of immigration on UK religious faiths

Britain is home to 1.1 million Muslim immigrants, according to a comprehensive

study of faith and migration by a leading think tank.

UK Border Agency responds to media on child detention at Tinsley House

immigration removal centre

The UK Border Agency has responded to media coverage on conditions for women
and children at Tinsley House immigration removal centre.

New student visa controls would hit language schools warns Kent paper

Language schools around the Thanet area of Kent in the South East of England say
the millions of pounds their students bring into the isle’s economy could be hit by
proposed new immigration rules, the online publication ‘This is Kent’ warns.
Latest news and updates

Statement of Changes in Immigration Rules HC 120

10 December 2009

The latest Statement of Changes in Immigration Rules was laid before Parliament today.

The changes include the following:

• The Immigration Rules are being amended to provide that applications for leave
to remain or settlement on the basis of long residence will no longer be considered
at a UK Border Agency Public Enquiry Office;
• The Rules will also make provision, within the child visitor rules, to permit
exchange visits by overseas students to state maintained and other schools;
• The Immigration Rules are being amended to make provision for the final phase
of the roll-out of Tier 4, the student tier of the points-based system. The changes
to the Rules will mean that from 22 February 2010, Tier 4 migrants will require
an electronic confirmation of acceptance for studies in order to be able to score
points for attributes in their applications to come to the UK; and
• The Rules will now provide for workers admitted under the previous rules for
overseas government employees, to switch in-country into the Tier 5 category for
temporary workers.

This Statement of Changes in Immigration Rules will be incorporated into a consolidated

version of the Immigration Rules. You can find copies of all the Statements of Changes
in Immigration Rules issued since May 2003.

The changes will come into effect on 1 January 2010, with the exception of the Tier 4
changes, which will come into force on 22 February 2010.