The UK Border Agency (UKBA) has suspended the licences of around 50 colleges over a few days since 18 January 2010. The colleges appear to be mainly English Language and vocational colleges including some very large ones. There are some indications that the suspensions may be related to a significant increase in the number of students applying to come to the UK from India and Nepal. Student applications from the India have increased significantly since the introduction of the Points Based System and the UK Border Agency are believed to have had concerns for some time about the number of visa letter being issued by UK colleges to students in India.
In many cases the colleges affected had no forewarning of the suspension of their licences. They were not visited by the UKBA but simply received a letter from the UKBA suspending their licence and stating that they had identified a number of concerns. The letters refer to paragraph 281 of the Guidance for Sponsor Applications which states that “A confirmation of acceptance for studies or visa letter may only be issued under Tier 4 if the sponsor is satisfied that the student both intends and is able to follow the course of study concerned”. They go on to say that the UKBA has reason to be concerned about the activity of a number of international students to whom the college has issued visa letters and that in view of that information, believe the college has been failing in its duty to assess students’ intentions effectively and is therefore posing a risk to effective immigration control.
The letters state that “In order to give you the opportunity to explain these discrepancies before we begin revocation action, we have suspended your licence with immediate effect.” However, the colleges are not given the details of the UKBA’s concerns to be able to address them. Rather, the letter goes on to say that the UKBA will be in contact to further explain their concerns. Enquiries of the UKBA have revealed that their aim is to provide this further detail by the end of January 2010. In the meantime colleges remain suspended and have had their names removed from the Register of Sponsors causing damage to their reputations and potential financial loss. Prospective students are left unclear about what will happen to their applications and as suspended colleges are not allowed to issue any visa letters or confirmation of acceptance for studies, students who require these documents to submit an in-time application to extend their stay are unable to obtain them.
Anecdotally, the reasons for the suspensions are being put down to poor procedures for the recruitment of students including failure by the college and/or its agents to ensure that students have a sufficient knowledge of English to be able to take the course; failure by students to enrol on their courses; and poor attendance. If there is evidence that these or other problems exist, it is of course right that colleges be required to take the appropriate steps to address them and to meet their responsibilities as licence holders. However, the current issue is not whether those problems exist but the detrimental effect of the sanctions that have been taken against the colleges without any forewarning or sight of the evidence against them and therefore without any opportunity to respond. Nor is it clear why the UKBA chose this blanket approach when other options were available such as temporary downgrading of the licence to a “B” rating followed by withdrawal where no improvement was seen.
Colleges and representative bodies have been making representations to the UKBA over the handling of this matter but many are still waiting to hear the detail of the UKBA’s concerns. When the UKBA does contact them either via a visit or by letter, the college will then have 28 days to respond. Whilst the response might be partly explanatory and defensive, it is important that it should also refer to the action a college has taken or plans to take to address these issues for the future. The UKBA will consider the response and come back to the college within 14 days with a decision on whether they intend to withdraw the licence, downgrade it to a “B” or take no further action.
If you are a college that has been affected by the suspensions and would like to speak to us about immigration support now or in the future, or would like to contribute your experiences to any further articles on this topic or, we would like to hear from you at enquiries@veristat.co.uk
Wednesday 20 January 2010
Friday 8 January 2010
January update
Immigration Notes: January 2010
· The UKBA has warned against passwords for the Sponsorship Management System being revealed to colleagues to allow them to use the system. Passwords should never be disclosed to another person, including colleagues within the organisation. If you wish a colleague to be able to use the system they should be formally added as an additional user. The UKBA has warned that failure to comply with this requirement could lead to the downgrading or loss of an organisation’s licence.
· The UKB has highlighted the requirement under paragraph 280(d) of the Guidance for Sponsor Applications (October 2009) to report to the UKBA details of any third party or intermediary, whether in the United Kingdom or abroad, that has assisted it in the recruitment of migrant students and clarified that his includes overseas agents. The concerns appear to have arisen following the closure of operations and review of activities in China but apply equally to agents in other countries. The UKBA has also referred to visits to colleges to assess methods for recruiting students. Reporting on agents used is via email MigrantReporting@UKBA.gsi.gov.uk for those issued with visa letters or via the SMS reporting function for those issued with Certificates of Acceptance.
· Changes to the Immigration Rules were laid before Parliament on 10 December to allow for the final phase of the roll-out of Tier 4 (Students) of the points-based system. From 22 February 2010 all students under Tier 4 will require an electronic Confirmation of Acceptance for Studies, issued via the Sponsorship Management System, rather than a visa letter. The UKBA is expected to produce further information shortly on transitional arrangements including changes to application forms.
· Changes have also been made (with effect from 1 January 2010) to the child visitor rules which are often used for children under 18 taking short courses. These include additional requirements for the care of children under the age of 16.
· The concession allowing students applying within the UK to show only that they have the money they require on the day they apply is due to end in February. The wording of the concession was that it related to students applying before February so the assumption is that it will end on 31 January.
· The process driven nature of the Points Based System has lead to concerns by the UKBA that colleges are taking students without fulfilling the requirement to satisfy themselves that a student is capable of following the course. This applies particularly to a student’s ability to speak/understand English and we have seen a number of cases where this has been challenged including by immigration officers on arrival in respect of students who have already been issued with visas. The visa letter requires a sponsor to quote the evidence on which the student’s ability to follow the course has been assessed and this requirement is carried forward for the issuing of Confirmation of Acceptance for Studies under the Sponsorship Management System.
· The UKBA has warned against passwords for the Sponsorship Management System being revealed to colleagues to allow them to use the system. Passwords should never be disclosed to another person, including colleagues within the organisation. If you wish a colleague to be able to use the system they should be formally added as an additional user. The UKBA has warned that failure to comply with this requirement could lead to the downgrading or loss of an organisation’s licence.
· The UKB has highlighted the requirement under paragraph 280(d) of the Guidance for Sponsor Applications (October 2009) to report to the UKBA details of any third party or intermediary, whether in the United Kingdom or abroad, that has assisted it in the recruitment of migrant students and clarified that his includes overseas agents. The concerns appear to have arisen following the closure of operations and review of activities in China but apply equally to agents in other countries. The UKBA has also referred to visits to colleges to assess methods for recruiting students. Reporting on agents used is via email MigrantReporting@UKBA.gsi.gov.uk for those issued with visa letters or via the SMS reporting function for those issued with Certificates of Acceptance.
· Changes to the Immigration Rules were laid before Parliament on 10 December to allow for the final phase of the roll-out of Tier 4 (Students) of the points-based system. From 22 February 2010 all students under Tier 4 will require an electronic Confirmation of Acceptance for Studies, issued via the Sponsorship Management System, rather than a visa letter. The UKBA is expected to produce further information shortly on transitional arrangements including changes to application forms.
· Changes have also been made (with effect from 1 January 2010) to the child visitor rules which are often used for children under 18 taking short courses. These include additional requirements for the care of children under the age of 16.
· The concession allowing students applying within the UK to show only that they have the money they require on the day they apply is due to end in February. The wording of the concession was that it related to students applying before February so the assumption is that it will end on 31 January.
· The process driven nature of the Points Based System has lead to concerns by the UKBA that colleges are taking students without fulfilling the requirement to satisfy themselves that a student is capable of following the course. This applies particularly to a student’s ability to speak/understand English and we have seen a number of cases where this has been challenged including by immigration officers on arrival in respect of students who have already been issued with visas. The visa letter requires a sponsor to quote the evidence on which the student’s ability to follow the course has been assessed and this requirement is carried forward for the issuing of Confirmation of Acceptance for Studies under the Sponsorship Management System.
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