As of 1 January 2005 the Immigration Rules with respect to students will be amended to take into account the introduction of the Department for Education and Skills Register of Education and Training Providers in the UK.  The Register will list all genuine education and training providers across the UK.  Genuine providers are defined as those assessed and validated by DfES as part of the registration process.  The Register will enable DfES to maintain a record of all genuine education/training providers.  It will be available to the Home Office in order to help tackle illegal immigration as well as other government departments.  All non-EEA nationals wishing to study in the UK must apply to study at an educational establishment registered with DfES.  This new rule will not affect those already studying in the UK unless they need to extend their stay, or want to re-enter the UK and require leave to enter.

Certain education/training providers will automatically be added to the Register – others will need to register.  The Register is a voluntary scheme and there will be no sanctions for those providers who remain unregistered.  However, the Home Office will not grant leave to enter/remain in the UK to an overseas national wishing to study at an institution which is unregistered.  It is, therefore, crucial that education/training providers offering courses to overseas nationals register with DfES. 

Registration of an establishment does not guarantee that a student will be granted leave to enter/remain in the UK to study – all other requirements of the Immigration Rules must still be satisfied.  Neither should inclusion in the Register be mistaken for quality control or accrediting the providers.  The registration process is one of continual assessment.  Failure to comply may lead to removal from the Register and the consequential refusal of overseas nationals entering the UK to attend the institution for the purpose of study.  Offending institutions may also be prosecuted.  Registered providers must not use the registration in any marketing materials, breach of which may also lead to removal from the Register.

Under the amended Immigration Rules, a person seeking to study in the UK will need to show, inter alia, that he has been accepted for a course which will be provided by an institution which is registered.  The Register is available on the DfES website for the public to search for registered genuine providers.