When applying for a Student or Child Student visa under the UK's Student Route, one of the critical assessments you will face is the Genuine Student requirement. This evaluation ensures that applicants are genuinely intending to study and meet the necessary criteria to qualify as a student in the UK. Understanding this genuine student test is essential, as failing to demonstrate your genuine intent to study can result in a visa refusal. This comprehensive guide will delve into the key factors considered by decision-makers, the process of assessment, and the steps you can take if your application is refused. Whether you're a prospective student or a parent of a young applicant, this article provides valuable insights to help you navigate the Genuine Student assessment and enhance your chances of a successful visa application.
What is the 'Genuine Student' Requirement?
The genuine student requirement is found in the Immigration Rules. The relevant Immigration Rules for Students are set out below:
Appendix Student states as follows:
Genuine Student requirement
ST 5.1. The applicant must be a genuine student.
Appendix Child Student states as follow:
Genuine Child Student Requirement
CS 5.1. An applicant aged 16 or 17 years old must be a genuine student.
For an applicant to qualify as a Student, or as a Child Student who is 16 or 17 years old, the Home Office caseworker must be satisfied on the balance of probabilities that the applicant is a genuine student.
Proving Genuine Student Status – What Factors Will the UK Home Office Consider?
The Student and Child Student case working guidance, published for Home Office staff, tells caseworkers how to consider applications from people who wish to enter or remain in the UK to study under the Student or Child Student routes.
The caseworking guidance sets out the process and considerations when assessing whether an applicant is a genuine student. In making an assessment, the caseworker must consider all of the information provided in the application and, if applicable, in the credibility interview.
As part of the consideration of credibility, the guidance lists the following relevant factors:
- The immigration history of the applicant and any dependant, in the UK and other countries;
- The applicant's education history, study and post-study plans;
- The personal and financial circumstances of the applicant and any dependant;
- The qualification, course provider and agents;
- Role of dependants; and
- Pull factors.
As regards the 'personal and financial circumstances of the applicant and any dependent' it is noted:
"The caseworker must take account of the fact that the applicant will need to make a considerable investment to gain a qualification from the UK."
The guidance acknowledges the following:
"Pull factors are known to influence students' choice of the UK as a study destination. They can give an indication of an applicant's motivation for coming to the UK, and whether the applicant is a genuine student."
Commencing a course remotely is listed as a consideration as to genuineness. The guidance specifically states:
"Throughout the Covid-19 pandemic, institutions have been permitted to provide tuition remotely via distance learning. Distance learning is permitted throughout the 2020/21 academic year. Students who have commenced a course remotely from overseas who have engaged with the course and are progressing on the course should have this taken into account when caseworkers are considering a student's credibility."
Although there is an English language requirement for Student applications, English language is listed as a consideration when assessing whether a student is genuine:
"If the caseworker has concerns over the applicant's English language ability potentially falling short of the required level they should consider this when assessing the genuine student requirement."
It is important to ensure that an application addresses the requirement with reference to the relevant factors. However, it is important to note that this is not a checklist and the guidance does not provide an exhaustive list of factors to consider. Our barristers can assist in ensuring the requirement is addressed and relevant evidence is provided.
Student Visa Credibility Interviews – What Is the Process?
UK Visas and Immigration interview most Student visa applicants before granting them a visa to come to the UK.
The guidance confirms that an application must not be refused on genuineness grounds without an interview unless the following applies:
"the application has been refused previously on genuine student grounds, there have been no changes to the material circumstances, or no new evidence has been provided there have been a significant number of identical or very similar applications, and the caseworker has interviewed a sample of these applicants and is satisfied that they are not genuine and the facts of the case mean that the applicant would not be able to refute the allegation of lacking credibility."
If, having reviewed the application – including information obtained during the interview – the caseworker is not satisfied on the balance of probability that the applicant is genuine, the application must be refused under the appropriate paragraph of the Immigration Rules.
There are different processes depending on whether the interview is arranged for a Student or a Child Student who is aged 16 or 17. In the case of children, the caseworker must ensure that the use of the rule'is proportionate and targeted to instances where there is evidence of risk.
For in-country applications, the caseworker must complete an interview referral, which is then authorised by a manager. The applicant will receive an interview letter.
For those outside the UK, the matter will be referred to an Entry Clearance Manager (ECM) for authorisation. The ECM will consider all of the relevant factors.
Genuine Student interviews may be arranged and conducted in a variety of ways – the location and availability of the applicant will be considered:
"These may include:
- a telephone interview where the caseworker must contact the applicant by phone, and ask them if they are able to answer questions about their application (if the applicant confirms that they are happy to continue, then the interview can be conducted)
- contacting the applicant by email or telephone to arrange an interview at a designated time and location."
During an interview, an applicant should expect to be asked questions about their immigration history, education history, the course, proposed place of study, reasons for studying in the UK, post study plans and personal and financial circumstances.
Failure to Attend a Genuine Student Credibility Interview – What Will Happen?
As confirmed in the guidance, failing to attend an interview without a reasonable explanation, is likely to result in adverse consequences:
"Where an applicant fails to undertake an interview without a reasonable explanation as to why they are unable to do so, the caseworker must consider whether to refuse the application on general grounds for refusal related to the failure to attend the interview (paragraph 9.9.1(a) for entry clearance applications or permission to stay applications)."
If during an interview an applicant accepts or admits that they have given fraudulent information during the application process this forms a separate ground for refusal. We explore the general grounds of refusal in our earlier article: Grounds for Refusal of a UK Immigration Application Explained.
Decision to Refuse a UK Student Visa Application – What Should It Contain?
If, following an interview, the decision-maker concludes that the applicant is not a genuine student, the application will be refused. Decisions should be clear and contain relevant details. The guidance acknowledges the fact that, 'refusals on this basis are subjective'. Therefore, any refusal letter will need to set out the information obtained at the interview, the reasons for the decision and any concerns. The refusal letter will reflect the transcript(s) of the interview.
The guidance states:
"If the caseworker refuses an applicant on credibility grounds, they must clearly set out their allegations, reasoning and argument that form the basis for their decision. If a statement made by an applicant is interpretable in different ways, then the caseworker must provide a justification for which way they have interpreted the information. The English language ability of an applicant can be used as a relevant factor in assessing credibility, however, the caseworker must clearly provide a justification in any refusal letter."
Student Visa Refusal – What Next?
If your application for entry clearance or leave to remain as a Student has been refused,it will be important to assess and consider the reasons for any refusal before deciding the options open to you. This is important whether your application is refused on the basis of the genuine student requirement or on another basis. You may wish to consider themerits of making a fresh application or challenging the decision.
If the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, you may wish to consider Administrative Review proceedings to challenge the decision. If the decision to refuse your application was unlawful, unreasonable or procedurally improper, you may wish to consider Judicial Review proceedings.
As with any application, it is crucial to ensure the requirements are demonstrated through the evidence submitted with the application.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.