UK Student Dependent Visa New Rules 2024

 


Overview of the Changes

Starting January 1, 2024, the UK Home Office has introduced new rules for student visas, affecting international students’ ability to bring family members as dependents to the UK. These changes, announced in July 2023, aim to limit the number of dependents that international students can bring with them, as part of a broader strategy to manage immigration more effectively.

What Are the New Rules?

Previously, many UK student visa holders could bring dependents, such as spouses and children, to the UK. However, under the new rules, only students enrolled in PhD or postgraduate research programs can bring dependents. The new regulations also make it harder to switch from a student visa to a work visa. Students must now complete their studies and secure employment with a start date post-graduation to qualify for a work visa like the Skilled Worker visa. PhD students must complete at least 24 months of their program before applying for this transition.

Will the New Rules Affect Current Students?

The new rules do not apply retroactively. Students and their dependents already in the UK before January 1, 2024, are not affected. Dependents of students who began their courses before this date can still apply for visa extensions as long as the student’s visa remains valid.

Which Students Can Still Bring Dependents?

The following categories of students can still bring dependents to the UK:

  1. Government-Sponsored Students: Those on scholarships that cover course fees and living costs, with courses lasting more than six months, can bring dependents.

  2. Postgraduate Students in Research-Based Programs: Students enrolled in full-time postgraduate courses at RQF level 7 or above, lasting at least nine months, can bring dependents. This is limited to programs that are primarily research-based, such as PhD or doctoral degrees (RQF Level 8).

Can I Extend My Student Dependent Visa After the Changes?

Yes, extending a student dependent visa is still possible, depending on when the initial visa was granted:

  • Before January 1, 2024: If the student started their course before this date and the dependent was already granted permission, they can apply for an extension without meeting the new criteria.

  • After January 1, 2024: If the student meets the new rules, dependents can also apply for an extension.

  • Switching to a Graduate Visa: Dependents can extend their stay if the primary visa holder switches to a Graduate visa, provided they were originally granted leave as student dependents.

Can the Student Dependent Visa Be Changed to a Work Visa?

Holders of a student-dependent visa may switch to a Skilled Worker visa if they meet the relevant requirements, including securing a job offer from a UK sponsor-licensed employer, meeting the minimum salary requirement (currently £26,200 per year or £10.75 per hour as of December 2023), and demonstrating English proficiency at a B1 level on the CEFR framework. However, parents of children on student visas are not eligible to switch to a Skilled Worker visa.

Need Help? Let Spouse Visa Lawyers Guide You

Navigating the new student dependent visa rules can be challenging. Our team of specialized Spouse Visa Lawyers is here to provide tailored advice and support based on your specific circumstances. We offer clear guidance on the best strategies for securing your stay in the UK.

Don’t let the complexities of immigration rules overwhelm you. Contact us for a consultation, and let us help you achieve a successful outcome.

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