English Language requirements
English language requirements have been through some turbulent change since the beginning of July.
On 9 July, English UK won its case in the High Court against the last Home Secretary’s decision to raise the level of English which students must have before they can get a UK visa to learn the language here. This followed the UKBA decision implemented from 3rd March 2010 to raise from elementary to intermediate (from A1 to B1 on the CEFR) the standard of English required for students who wanted to take courses of longer than six months and who therefore needed a Tier 4 visa. English UK argued (and the judge agreed) that this was a “material” change in the eligibility requirements for the entry on non-EEA students and should have been made via a change in the Immigration Rules that are subject to scrutiny by Parliament rather than in a change to the guidance. As a result of the judgement, the required English language level for most visa students was therefore temporarily dropped to A1 on the CEFR.
However, on 22 July the Immigration Minister (Damian Green) made a written statement to Parliament stating that in the light of the court’s judgement, he was introducing into the Immigration Rules rather than the Guidance the minimum levels of courses that may be studied under Tier 4 (General) and re-introducing the minimum level for English language courses which was in place before the judgement was handed down. As a result, from 23 July 2010, the minimum level of English language course permitted under Tier 4 was restored to level B2 of the CEFR. The exemptions to the minimum level, which applied previously to government-sponsored language students and those undertaking a pre-sessional English language course before pursuing a degree course, remain in place. English UK are obviously extremely unhappy about this outcome and are pursuing the matter with Ministers and MPs.
In the same statement, the Minister also announced the introduction of a requirement that was proposed earlier in the year for some students studying below degree level to provide evidence of having passed a UK Border Agency –approved secure English language test at a minimum of B1 level on the CEFR. If a Tier 4 (General) student intends to study a course that is below NQF Level 6 (except a Foundation Degree or an English language course), using a CAS issued on or after 12 August 2010, their Tier 4 sponsor must ensure that they are competent in English language at a minimum of level B1 on the CEFR by showing that they:
• are from a majority English-speaking country
• have successfully completed a course as a Tier 4 (Child) student (or under the student rules that were in force before 31 March 2009, if they were granted permission to stay while they were under 18 years old) which lasted at least six months and ended no more than two years before the date when the CAS is assigned; or
• have passed an English language test with an approved test provider for Tier 4, and has achieved at least CEFR level B1 in all four components (reading, writing, speaking and listening). A list of the approved tests can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/approvedenglishtestst4.pdf
English language students will not have to prove their level through an approved test and sponsors teaching English language courses can still assess students by whichever means they wish, although students will still need to meet the B1 requirement. The method by which a student was assessed should be made clear on the CAS, and students will need to submit all documents that were used to assess their level.
Full details of the changes including lists of majority English speaking countries can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/Tier4migrantguidance1.pdf
Appeal against maintenance requirements
In another case (Panknina) where the UKBA had made a change to policy guidance rather than presenting the change to Parliament, the Court of Appeal held that applicants under Tier 1 (Post-Study Work), did not have to show that they had held the required funds for a period of three months. The UKBA has now amended the Immigration Rules so that, from 23 July 2010, the requirement to hold funds for a specified period is now in the Immigration Rules. However, as a result of the judgment, the UKBA is willing to review cases, including under Tier 4, where an application was refused solely because the applicant failed to meet the maintenance (funds) requirements, and who unsuccessfully applied from outside the UK between 23 June and 22 July 2010 inclusive; or from inside the UK (at a time when they had lawful status in the UK) on or before 22 July 2010. For further information on requesting a review of a refusal decision see http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/pbs-pol-guid-maintenance.pdf
Changing sponsors
Another change announced in the Minister’s statement of 22 July 2010 is that students on Tier 4 visas who want to change to a sponsor with a Highly Trusted Sponsor licence will be able to begin their new course of study – at their own risk – while they are waiting for the UKBA’s decision on their application to change sponsor. Again this is an unsurprising change as it had always seemed unlikely that the UKBA would be able to cope with the demand of processing applications to change college, often within the small window available between exam results and the start of a new term. The concession does not apply to students who wish to move to an A or B rated sponsor although the UKBA has said that it has put in place processes to prioritise these applications.
Lifting of Suspensions in North India
From 22 July 2010 the UKBA has lifted the suspension in Nepal and Bangladesh for applicants wishing to study a foundation degree, undergraduate and postgraduate courses, or SQA HND courses. They have also lifted the suspension on child students in India, Nepal and Bangladesh. On 12 August 2010 they will lift the general suspensions in North India, Nepal, and Bangladesh, except for students studying English language courses. The suspensions will remain in place for English language courses in North India, Nepal and Bangladesh but will be kept under review. All current suspensions will remain in place in Southern China.
Government Review of International Students
Reports in the media (Telegraph, Guardian, BBC and others 2nd August 2010) herald a new review of student admissions by the coalition government. The Immigration Minister Damian Green is quoted as saying :
"We are committed to attracting the brightest and the best to the UK, and welcome legitimate students coming here for study.
"However, in the past there has been significant abuse of the student route, and we need to ensure that every student who comes to the UK is genuine.
"I am undertaking a thorough evaluation of the student system over the coming weeks and months and I will introduce new measures to minimise abuse and tighten the system further" http://www.bbc.co.uk/news/uk-10834526
Intent interviews of prospective students
The UK Border Agency requires that education providers assess students’ intent and ability to follow the course. This is emphasised in UKBA good practice guidance and in guidance on applications for Highly Trusted status. The UKBA is also increasingly asking colleges to provide evidence of interviews to assess intent. Our sister company VisaGuard International provides support to colleges and universities by conducting these interviews on your behalf to provide an efficient and effective means of meeting this requirement. Contact us today by email or phone 0844 335 1619 for an informal discussion on how we can work with you in meeting this requirement or for further information see www.visaguard.co.uk
