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Right to Study & UK Immigration

Section 1: Purpose and Contents of this page:

This page has been made to provide guidance on Right to Study / Visas that allow studies at The University of Warwick


To undertake any study in the UK, the university is required to make a ‘right to study’ check before allowing any academic engagement.


Section 2: What does Study mean and what is Right to Study?

Study is classed as any academic engagement, whether award-bearing or not, with a UK Education Provider.


At Warwick, this includes:



but excludes:



The Right to Study means you have the correct immigration permission to allow you to study your course in the UK - See guidance in Section 3 below.

The type of permission you hold could be a visa or endorsement.


As part of your enrolment, the university must verify your immigration status to confirm your right to study.


The Right to Study (RTS) check is a verification process to ensure that all international students hold an appropriate immigration permit to study in the UK.


The Right to Study (RTS) checks apply to all students who are subject to immigration control.


Right to Study checks are made prior to enrolment, or when a significant change has occurred in your student journey which requires a new Right to Study check, such as:


      • Change in Immigration Category
      • Change of Course
      • Academic Extension
      • Resit Without Residence
      • Temporary Withdrawal

Right to Study requirements apply at all times during a Students Registration period.


If you fail to provide the relevant evidence of your Right to Study when requested by the University of Warwick, you will not be permitted to engage in any Study at Warwick.


This could result in you having to withdraw or defer your Entry to Warwick, or, withdraw from your course, if you were previously permitted to enrol.

Section 3: UK Immigration Rules and UK Immigration Statuses:

The UK Immigration Rules apply to anyone that is in the UK.

Therefore, anyone in the UK should hold one of the following UK Immigration statuses:


Not subject to Immigration control: 
UK Immigration Status:
Home National UK Citizen
Common Travel Area Citizen Irish Citizen
Settlement Route ILR / ILE / SET (O) / Settlement
Exemptions Route Diplomatic or Official Government Business with a Exempt Vignette or ECO Endorsement
 
Subject to Immigration control: UK Immigration Status:
Time Limited Route Student Visa / Skilled Worker Visa / Government Authorised Exchange Visa / Dependant Visa, etc.
Visitor Route Standard Visitor Visa, Academic Visitor Visa, Long Term Visitor Visa, Transit Visa, Short-Term Study Visa.
This means:

IF YOU ARE NOT


    • A British or Irish Citizen

AND


    • You do not already hold an Immigration Status under the Settlement or Exemptions Route of the Immigration Rules

THEN


    • You must obtain an Immigration Status under the Time Limited or Visitor Visa Routes to gain the Right to Study a course of study at the University of Warwick - See guidance in Section 4 below.


Please note:

The following nationalities are considered to be subject to Immigration Control under the current Immigration Rules:


    • British Overseas Territories citizen
    • British Overseas citizen
    • British subject
    • British National (Overseas)
    • British protected person
    • EU/EEA/Swiss nationals

Therefore, if you are one of the above nationalites, and you do not hold a UK Immigration Permission in the Settlement or Exemptions Catergoties, you MUST obtain a Immigration Status in the Visitor or Time Limited Routes, if you are eligible to do so, in order to gain the correct Right to Study for your course at Warwick - See guidance in Section 4 below.

UK Immigration Statuses that are not Subject to Immigration Control:

Holders of these statuses have the Right to Study any course of study in the UK.


The University of Warwick is required to establish that you hold one of these statuses.

Once we have done so, you should not be required to undergo a further Right to Study check during your period of Course Registration.


UK Immigration Statuses that are Subject to Immigration Control:

Holders of these statuses have limited Right to Study in the UK.

Depending on your Immigration Status, you may have no Right to Study, or full Right to Study to study your course at Warwick.


The University of Warwick is required to establish that you hold one of these statuses.

Once we have done so, we are required to confirm if the Immigration Status grants the Right to Study for your course at Wawrick.

We are also required to obtain documentary evidence of your status, as per the current UKVI Sponsor Licence Conditions.

You will not be permitted to engage in any study at Warwick until you have provided the necessary evidence to Student Immigration.

Student Immigration will then conduct your Right to Study and if everything is correct, complete your enrolment.

You may then engage in your studies.

You must ensure that you maintain your Right to Study at all times during your course registration.

Failure to do so will result in your withdrawal from your course.

Section 4: How do I gain the Right to Study for a Course at Warwick?:

If you already hold a UK Immigration Status, and it is a status that is not Subject to Immigration Control:

You already have the Right to Study your course at Warwick.

If you are not a British or Irish Citizen, you will need to provide evidence of your UK Immigration Status via your enrolment portal.

The Warwick Student Immigration will then check and confirm your status, update your Student Record and complete your Enrolment.

You should not be required to undertake a further Right to Study Check during the duration of your Course Registration once you are fully enrolled.


If you already hold a UK Immigration Status, and it is a status that is Subject to Immigration Control:

You should check your Visa Conditions to see if your Immigration Status grants the Right to Study your course at Warwick.

If it does, you should provide evidence of your Immigration Status via your enrolment portal.

The Warwick Student Immigration will then check and confirm your status, update your Student Record and complete your Enrolment.

You will be required to undertake a further Right to Study Check during the duration of your Course Registration if any of the following occur during your course registration:


    • Visa extension due to previous visa expiry
    • Change in Immigration Category
    • Change of Course
    • Academic Extension
    • Resit Without Residence
    • Temporary Withdrawal

If you do not already hold a UK Immigration Status
OR
Your current UK Immigration Status does not grant the Right to Study for your course:

You will need to apply for and receive a new UK Immigration Status, if you are eligible to do so, that grants you the Right to Study your course at Warwick.


For Students on a Full Time Residential Course that is over 6 months in length:

The University of Warwick can sponsor you under the Student Route.

If you make a successful application, your Warwick Sponsored Student Visa will grant the Right to Study for the course it was issued for.


Please see the guidance on the Student Route on the following link:


Warwick | Student Immigration | Student RouteLink opens in a new window


For Students on a Full Time Residential course that is up to 6 months in length:

The University of Warwick does not sponsor courses that are 6 months or less under the Student Route.

This is because you are able to obtain the relevant Right to Study via the Standard Visitor Visa Route.

Therefore, if your course is up to 6 months in length, and you need to obtain the Right to Study, you should use the Standard Visitor Route.


Please see the guidance on the Standard Visitor Route on the following link:


Warwick | Student Immigration | Standard Visitor RouteLink opens in a new window


For Students on a course that is longer than 6 months, but, the course has no requirement for you to be in the UK for more than 6 months in any academic year - Distance Learning courses:

The University of Warwick does not sponsor these courses under the Student Route.

This is because you are able to obtain the relevant Right to Study via the Standard Visitor Visa Route.

Therefore, if your course is longer than 6 months in length, and you are not required to be in the UK for more than 6 months in any Academic Year, you can obtain the Right to Study using the Standard Visitor Route.


Please see the guidance on the Standard Visitor Route on the following link:


Warwick | Student Immigration | Standard Visitor RouteLink opens in a new window


For Students on a course that is up to 6 months, but, the course has no requirement for you to be in the UK for more than 6 months in any academic year - Short Term Study:

The University of Warwick does not sponsor these courses under the Student Route.

This is because you are able to obtain the relevant Right to Study via the Standard Visitor Visa Route.

Therefore, if your course is up to 6 months in length, you can obtain the Right to Study using the Standard Visitor Route.


Please see the guidance on the Standard Visitor Route on the following link:


Warwick | Student Immigration | Standard Visitor RouteLink opens in a new window

Section 5: How do I know what type of visa I am holding?

You are responsible for complying with your own visa conditions, therefore, you should consult your UKVI Decision Letter or Email to identify the details of your UK Immigration Status, including any conditions your Immigration Status has.


You may also be able to view your UK Immigration Status online via the following link:


GOV.UK | View and prove your immigration status: get a share code


For information on how to select visa type when completing course registration, please refer to our guidance on the following webpage:


Warwick | Student Immigration | Visa type to choose during online course registration.

Page Change Log:

Page Audit Review:

Previous Review Date

Reviewed By

Next Review Date

05/Jul/2023

ISA: JL

05/Jul/2024

Page Updates:
Section Updated Sub Section Short summary of update Updated By Updated When
ALL All AYR 23/24 page refresh. ISA: JL 05/Jul/2023
4 All Added a link to the list of visas that allow/ do not allow study ISM: EZ 14/Jun/2022
All All Page Created ISA: JL 13/Mar/2022