UK Student Dependent Visa New Rules

Starting in January 2024, new rules from the UK Home Office will impact international students’ ability to bring family members to the UK on dependent visas. Announced in July 2023, these changes aim to reduce the number of dependents accompanying foreign students, adjusting the criteria for who can join them during their studies.

This is part of the UK government’s plan to improve its immigration system and keep the focus on education, which is the main reason foreign students come to the UK. These new regulations have a major impact on how students can organise their time in the UK and their studies, thus they must be understood by all students intending to study there. 

Overview of UK Student Dependent Visa New Rules

In the past, more types of UK student visa users could bring family members with them, like spouses and children. The UK made it harder for foreign students to bring their families with them on student visas starting January 1, 2025.

To be more specific, students in PhD or postgraduate study programs can bring family members with them to the UK. This change comes after rules about student visas were changed on July 17, 2023. Those changes made it harder to switch from a student visa to a work visa.

According to the new rules, students can only switch to a work visa like the Skilled Worker visa after they finish their studies and find a job that starts after they graduate. Furthermore, PhD students must have completed at least 24 months of their study before they can apply for the transition.

Read about Student visa in detail. 

Will the old students be affected by the UK Student dependent visa new rules?

If a student or their dependent was in the UK before January 1, 2025, they will be relieved to know that these changes will not apply to them. Families of students who began their courses before this date can still apply for visa extensions as long as the student’s visa is still valid.

Which Students Can Still Bring Dependents?

There are still people who can bring their family to the UK, such as

Students on Government Scholarships:

You are allowed to bring dependents with you to the UK if your scholarship covers both your course fees and living expenses. Also, your course duration is more than six months. A national government department must pay for this scholarship.

Students with research-based master’s degrees:

Full-time postgrad students (RQF level 7 or higher) in programs lasting at least 9 months can bring their dependents. This applies if their program is either:

• A PhD, also called a doctorate (RQF Level 8), or
• a higher degree based on study.

In contrast to a given study, a research-based degree requires students to do a lot of research. In these types of programs, doing original work or a lot of study is more important than what is taught.

If you want to get a student visa for a research-based degree, your university will need to send you a “Confirmation of Acceptance of Studies” (CAS). This document proves that you have a spot at the university and tells you if your course is “research-based.”

After Changes, Can I Extend My Student Dependent Visa?

Yes, you can extend your student dependent visa after the recent amendments. But it is subject to a number of conditions. Let’s take a quick look at the different situations:

Dependents granted permission prior to January 1, 2025:

• You can extend your UK visa if the student started studying before January 2025 and their dependent already has permission.
• You don’t have to meet the new conditions for these extensions; the old restrictions still apply.

Permission for Dependents After January 1, 2025:

If the student meets the new requirements and their dependent has a visa, they can request an extension.

Adding more time to your stay when you switch to a graduate visa:

• You can prolong your dependent’s stay by switching to a Graduate visa. It doesn’t matter when the course started as long as they were granted leave as student dependents.
• The original student must receive permission to stay as a graduate before the dependent can stay longer.
• On the Graduate route, you usually can’t bring new dependents with you. The only time this might be acceptable is if the child was born in the UK while the parent was on a Student or Graduate visa.

Can the student dependent visa be changed to a work visa?

If you are in the UK with a student-dependant visa, you might be able to apply for a skilled worker visa as long as you follow the rules for your visa.

If you switch from a spouse’s student visa to a work visa, you may be able to stay in the UK indefinitely, based on your skills and an offer of work. As long as the child is on a student visa, the parent cannot change their status to a skilled worker visa.

To move from a Student Dependant visa to a Skilled Worker visa, you must:

• Get a job offer from a company with a sponsor licence in the UK.
• Make sure that the job offer meets the minimum wage standard, which as of December 2023 is £26,200 a year, or £10.75 an hour, or the “going rate” for your job.
• Fulfil the English language standards by showing that you can speak English at level B1 on the CEFR framework.
• Meeting these requirements is crucial to obtaining a work visa. This allows you to stay in the UK without relying on your family member’s student visa.

Conclusion

Understanding the new requirements for student dependent visas might be difficult, especially since recent modifications have taken effect. Our team of experienced UK Immigration Solicitors is here to help you get the best advice for your situation.

We aim to streamline the process and offer clear guidance on securing your stay in the UK. Our support draws on extensive knowledge of UK immigration regulations and professional expertise.

Don’t let the complicated rules about immigration stress you out. We can assist you in laying the groundwork for a successful conclusion; just give us a call at 02033844389 for a consultation.

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