Tier 4
Reporting Refusals
We are seeing increasing numbers of colleges failing to obtain HTS due to not having reported students who are refused visas as having failed to enrol. Failure to report refusals has also been included as one of the reasons for suspending colleges.
Most education providers had been working on the assumption that as the UKBA had refused the application and already held that information on their own records, there was no requirement for further reporting. Nor was there anything specific in the sponsor guidance that required sponsors to report such cases.
The general understanding was that sponsorship started when an entry clearance or leave to remain was granted. This was the advice which was provided in the past by the UKBA itself and also fitted with the HTS criterion for when a student should be counted as having failed to enrol. Therefore if a student was not “sponsored” until an entry clearance or leave to remain was granted, a student who had been refused an entry clearance was not being sponsored and there were therefore no sponsorship duties that needed to be met. The UKBA also appeared to recognise this position implicitly. We are not aware of any education provider who was advised by the UKBA during a visit of the need to report refusals or of any college where a failure to report refusals was cited as a reason for refusal of HTS or suspension prior to April 2011.
That position has now changed. The UKBA stated in a recent HTS refusal case that “as a student is not required to report the refusal of a visa to the sponsor, the sponsor is still required to report through the SMS when that student fails to enrol. This ensures that all CAS are accounted for either by the student enrolling on the course of study or through a “failed to enrol” report in the SMS.”
Bizarrely, this statement overlooks completely the fact that it is UKBA staff who make the decision and already hold the data on refusals which is information most colleges would wish to have but which is not available to them on the SMS and which UKBA normally refuse to provide on data privacy grounds.
In terms of the Guidance, UKBA refer to paragraph 353 of the July Policy Guidance for Sponsors (Version 06/11) which in talking about reporting students who fail to enrol, now carries an additional sentence at the end which states – “This includes any student you have assigned a CAS to who fails to present themselves to you and enrol by no later than 10 days after this date.” The sentence was first added to paragraph 348 in the April 2011 (Version 04/11) Guidance.
It seems likely that UKBA decisions based on the retrospective application of this “rule” will be challenged in the courts. However, in the meantime, all education providers should ensure that they report all cases of refusal of a visa or extension of stay as failure to enrol.
We suspect that by introducing and emphasising this “requirement”, UKBA is paving the way for a revision of the HTS criteria in September, when refusals will be included under the failure to enrol criterion, possibly with a slight uplift in the percentage.
New document to clarify English language requirements for Tier 4 sponsor s and students
The UKBA has produced a document which aims to clarify the requirements for both students and sponsors. The document provides answers to various frequently asked questions.
http://tinyurl.com/69bpyk9
Accreditation: ISI and QAA
The UKBA has announced that the Quality Assurance Agency for Higher Education (QAA) and the Independent Schools Inspectorate (ISI) have agreed in principle to extend their activities to carry out additional reviews as follows:
- QAA will review:
- listed bodies;
- other private higher education providers offering courses normally awarded in accordance with the Frameworks for Higher Education Qualifications; and
- 'embedded' colleges offering courses as a pathway into higher education.
- ISI will inspect privately funded further education colleges offering courses on the QCF/NQF, and also English language schools.
UKBA discussions are ongoing with the educational oversight bodies operating in Scotland, Wales and Northern Ireland, and also with the other educational oversight bodies involved in the independent schools sector.
The QAA and ISI will publish on their websites the details of the applicable standards and procedural information about how to apply, charges and how reviews will be carried out. Reviews are expected to begin being scheduled from October.
QAA and ISI have set Friday 9 September 2011 as the date by which sponsors seeking educational oversight by the end of 2012 must have submitted an application. QAA and ISI will announce the dates when they will start to accept applications.
A current sponsor who has not had a satisfactory review by one of the approved review bodies and who does not apply by the due date of 9 September will lose the ability to issue new confirmations of acceptance for studies (CASs). Sponsors who do not hold a current satisfactory review and who do apply by the due date will have until the end of 2012 to obtain one. Following an application, a sponsor who receives an unsatisfactory review will lose the ability to issue new CASs.
Some providers offer a mixture of higher education courses (those aligned to the FHEQ) and further education courses (those aligned to the QCF/NQF). Where the character of an institution is predominantly higher education, the QAA will be the educational oversight body, and where the character is predominantly further education, the ISI will be the educational oversight body. QAA and ISI have agreed to develop a memorandum of cooperation to include a means of determining which body will conduct reviews for colleges with mixed provision. The UK Border Agency will review these arrangements at the end of 2012.
The UK Border Agency will consider with the educational oversight bodies the frequency of reviews required for all providers after the initial round is complete. It is expected a risk-based approach will be adopted.
Where current Tier 4 sponsors do not receive a positive review, UKBA will restrict their ability to issue CASs. All reports will be published on either the QAA or ISI website as appropriate.
These arrangements do not apply to colleges not yet in operation. QAA and ISI will publish further guidance on how educational oversight will be applied to new colleges
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/49-oversight-qaa-isi?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Clarification for Tier 4 sponsors
Frequently asked questions raised by sponsors are answered in a new document published by the UKBA which can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/t4-review-clarification.pdf
The document covers the following areas:
•educational oversight and accreditation
•Highly Trusted Sponsor status
•the interim limit
•contact details for enquiries about the sponsorship management system
•post-study work
•immigration officers' discretion to refuse
•dependants
•maintenance and low-risk countries
•academic progression
New changes for student visa rules is announced
The first set of rules following the consultation with ended in March 2011 came into effect on 21 April 2011. The new set of changes will come into effect on 4 July 2011.
The new Rules:
-restrict work entitlements to migrants studying at higher education institutions (HEIs) and publicly funded further education colleges only
-restrict the sponsorship of dependants to those studying at postgraduate level at HEIs on courses lasting at least 12 months, and government-sponsored students on courses lasting at least 6 months
-commit to publish a list of financial institutions that UKBA considers, on the basis of experience, do not verify financial statements to their satisfaction in more than 50 per cent of a sample of cases;
-ensure that maintenance funds are genuinely available to the applicant
-restrict the ability to deliver accountancy courses accredited by the Association of Chartered Certified Accountants (ACCA) to those sponsors accorded platinum or gold status by ACCA; and
-clarify the position of overseas universities with campuses in the UK.
http://tinyurl.com/3k94cyx
Tier 2 and 5
Government response on the Home Affairs Committee report on immigration and asylum
Immigration minister Damien Green has responded to a report by the House of Commons Home Affairs Committee on the work of the UK Border Agency. He said:
“We have known for some time that the asylum system we inherited was chaotic............. We are already radically reforming the points-based system and other routes of entry that have been subject to widespread abuse, and will re-introduce exit checks by 2015.” http://tinyurl.com/6ykm4ry
New proposals to cut the link between temporary and permanent migration
The Government has announced plans to break the link between temporary and permanent migration. The proposals are set out in as a consultation which will end on 9th September 2011.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/consultations/employment-related-settlement/
Key proposals under consideration are:
•re-branding Tier 2 (the skilled worker route) as temporary, ending the assumption that settlement will be available for those who enter on this route;
•allowing certain categories of Tier 2 migrant, for example those earning over £150,000 or occupations of a specific economic or social value to the UK, to retain an automatic route to settlement;
•creating a new category into which, after three years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement;
•allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of five years with the expectation that they and any dependants will leave at the end of that time;
•introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement;
•restricting the maximum period of leave for Tier 5 Temporary Workers to 12 months; and
•closing or reforming routes for overseas domestic workers.
UK Border Agency response about visits by artists and musicians
As a result to the media coverage which stated that the UK points system is “inappropriate for short-term visits by artists!” (Phillip Pullman), a UKBA spokesperson said “Creative artists from across the world are welcome to come and perform in the UK. However, as with any visitors to the UK, we expect individuals to meet our entry requirements.” A leaflet for artists and entertainers who would like to perform in the UK has been published and can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/visitingtheuk/entertainer-artist.pdf
New arrangements for skilled workers to extend their stay
The UKBA is in the process of introducing new schemes for skilled workers who arrived in the UK under various work arrangements which have now closed. These new schemes can allow them to stay in the UK for up to 5 years. This additional leave will be granted free of charge.
You can apply if you have been given permission to stay for less than 2 years as:
•a Business and Commercial work permit holder (which includes ICT work permits);
•a Sports and Entertainment work permit holder;
•a Jewish agency employee;
•a member of the operational ground staff of an overseas-owned airline; or
•a minister of religion, missionary or member of a religious order.
Additionally, you must meet the following requirements:
•you applied for, and were granted, leave to remain under Tier 2 through the transitional arrangements in place for migrants in these categories;
•you are still working for the employer who assigned your certificate of sponsorship, and being paid the appropriate salary for your job;
•you intend to continue working for the same employer;
•you currently have valid leave to remain in a Tier 2 category (General, Intra company transfer, Minister of religion or Sportsperson);
•you were granted the maximum period of 3 years' leave to remain under Tier 2; and
•you can prove that you still meet the conditions of your existing leave.
In order to apply for additional leave under these routes, you will have to use the application form T2 (W) which will be published in early August 2011. Your family members will have to use the T2 (W) (Dependant) form.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/june/36-extension-skilled-workers
European Union
European Economic Area: Premium service in Liverpool
The application fees announced in April included a provision to charge for premium services for EEA 2, 3 and 4 applications at the UKBA’s Liverpool office. This has been spotted by a number of potential applicants who wish to avoid having their documents tied up for lengthy periods whilst their applications are under consideration. However, the UKBA is not yet able to provide the service and has issued a statement to the effect that the proposition is still under review.
http://tinyurl.com/42unngf
New application forms for EEA nationals
The UKBA has revised the following application forms EEA1, EEA2, EEA3 and EEA4. These forms should be used by Swiss and EEA nationals who are exercising treaty rights in the UK. Their family members who want to apply for a residence document should use these new forms as well. The new forms should be used for applications made on and after 20 June 2011. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/june/29-new-eea-forms
New application forms for Bulgarian and Romanians
The UKBA has published a new version of the BR1 application form and policy guidance for Bulgarians and Romanians wanting to apply for authorization to work in the UK. The revised form and policy guidance are to be used for all applications made on or after 20 June 2011. They can be found at http://www.ukba.homeoffice.gov.uk/workingintheuk/eea/bulgariaromania/applying/
Veristat Services
Student Visa applications
We are also increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk
Student Recruitment: Turkey and South America
We are currently inviting expressions of interest in student recruitment fairs in August in Turkey; September in Brazil; and October in Argentina. Full details of the fair service we operate can be found at http://www.veristat.co.uk/studentrecruitment.aspx. We also appreciate that each institution has different requirements so we are more than happy to fit our services to meet your needs. Should you require any further details or wish to book a place on any of the you can visit the link above or email us at enquiries@veristat.co.uk or call on 0161 247 8632.
HTS applications and immigration support
For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk
