Judge rules former home secretary was wrong to introduce fresh restrictions against foreign students studying in Britain

English language schools have won their high court battle against tighter visa regulations for foreign students, which they had warned would result in the loss of thousands of jobs and millions of pounds a year in foreign earnings.

The regulations, introduced by Labour's last home secretary, Alan Johnson, prevented students with only beginner's English from entering Britain for English language courses.

English UK, the body that represents most language schools, won their appeal against the decision in London today. Mr Justice Foskett declared the fresh restrictions had been achieved through altering guidelines, when there should have been a formal change to the rules, with the matter referred back to parliament.

The regulations, announced in February, were in response to concerns about illegal immigration and radicalisation of students at UK institutions, following the bombing attempt on a US-bound aircraft on Christmas Day by Umar Farouk Abdulmutallab, a British-educated Nigerian.

Tony Millns, chief executive of English UK, said: "This judgment upholds our basic case that the home secretary was wrong to introduce a substantive change ... without laying that change before parliament.

"We are pleased that Mr Justice Foskett saw the merits of our case. We believe his decision is good for the UK economy, to which the English language sector contributes about £1.5bn in foreign earnings each year."

English UK estimates that today's ruling has saved more than 3,000 jobs and more than £600m a year in overseas income.

Prior to the decision the body said the tighter regulations had significantly damaged the UK's reputation as a destination for genuine students wanting to study English, and were working in favour of competitor countries, such as the US.

English UK also said there was no reliable evidence that suggested English language or any other course providers were responsible for bogus students still coming to the UK.

The regulations meant that those seeking to study in the country had to speak passable English, while students enrolling on short courses were banned from bringing dependants.

Introducing the measures, then home secretary Alan Johnson said they would also prevent scams involving applications from women "who had long ceased education" trying to bring dependent husbands into the country.