Radical changes to the student visa route- Colleges at risk
A review of the Tier 4 points-based system has led to the UK Border Agency enforcing new tough rules. Over 450 colleges will no longer be able to sponsor new international students leading to a loss of more than 11, 000 international students entering the UK for studies each year.
These new regulations have raised the standards education providers must meet prior to being able to sponsor international students to the UK radically. To date, an estimate of over 400 colleges has lost their right to recruit international students as a result of failing to sign up for the new inspection system. The new standards serve the purpose of ensuring that genuine international students receive the highest quality education as well as preventing abuse.
Additionally, an investigation into more than 100 colleges by the UK Border Agency resulted into the revocation of the licences of 51 colleges. Because of this, 4, 500 applications have been refused or withdraw. The failures of these colleges included advertisement of false information as well as failure to produce records of students enrolled and timetables. Some did not maintain student attendance records nor did they check student qualifications.
The Immigration Minister, Damian Green commented on this issue and stated that the 'Widespread abuse of the student visa system has gone on for too long and the changes we have made are beginning to bite. Too many institutions were offering international students an immigration service rather than an education and too many students have come to the UK with the aim of getting work and bringing over family members. Only first-class education providers should be given licences to sponsor international students. We have curbed the opportunities to work during study and bring in family members. We have also introduced new language requirements to ensure we only attract genuine students whose primary motivation is to study.'
The new tough rules represent new sturdy inspections as well as higher standards of sponsorship. Colleges intending to maintain their ability to sponsor international students must ensure that they fulfil their immigration responsibilities, those who fail to do so will be removed from the sponsorship register.
Moreover, the UK Border Agency has created a list of more than 2,000 banks and financial institutions that can no longer provide evidence to verify whether a student has sufficient funds for their course. Where a bank is on the list, a student citing that institution will not be granted a visa.
It is said that further tightened measures to the student regime are due in April 2012. In respect of the post study work route, which allows graduates free labour market access, will be closed and students wishing to stay and work in the UK following the completion of their studies will need to apply under the skilled workers visa route. New time limits on student visas and tougher rules on work placements will also be implemented. Until then, the UK Border Agency maintains monitoring the behaviour of all sponsors and will take fierce actions against those who are not complying with standards of education provision or immigration control.
The UK Border Agency state that the changes form part of the Government's comprehensive package to overhaul the immigration system as well as lowering immigration levels to sustainable levels.
If you are a sponsor or an international student currently in the UK or overseas and require advice and guidance on the student visa route, please do not hesitate to contact us and we will endeavour to assist you. We can be contacted either by telephone (020 7569 3035) or email (info@ergensharif.co.uk)
Subsequent student visa changes announced
In a statement to Parliament dated 22nd March 2011, the current Home Secretary announcedrecent changes affecting Tier 4 (student visa) category which are set to come into force on 4th July 2011. This follows recent reforms of the Tier 4 category which began as of 21st April 2011.
One of the changes involves restricting employment for migrants studying at higher educational institutions (HEIs) and publicly funded further education colleges. Further, sponsorship of dependants of those studying on a course lasting at least 12 months at postgraduate level at HEIs and government-sponsored students on courses lasting at least 6 months will face restrictions. Another change applies to education providers who will be required to vouch their claim that a new course represents genuine academic progression. Moreover, it is said that the current visa application forms will be changed to include a declaration section which aims at ensuring that funds are genuinely available to applicants. The UK Border Agency will publish a list of financial institutions that they see as unverifiable and not acceptable in terms of the statements they provide.
On the one hand, the UK Border Agency is said to introduce a smooth application process for low-risk nationals applying to attend courses with Highly Trusted Sponsors however, they also aim to extend the current list of courses for which students are required to receive ATAS clearance. Likewise, the UK Border Agency will restrict the ability to deliver accountancy courses accredited by the Association of Chartered Certified Accountants (ACCA) to sponsors accorded platinum or gold status by ACCA. Finally, they state that they will clarify the position of overseas universities with campuses in the UK.
Furthermore, the changes have been announced by the current Immigration Minster, Damian Green, in a written ministerial statement which can be found if you click here.
The new changed policy guidance for Tier 4 applicants can be found if you click here. Sponsors can find the new guidance by clicking here.
Additionally, the UK Border Agency has announced that the QAA (Quality Assurance Agency) and the ISI (Independent Schools Inspectorate) will extend their activities. This means that they will cover privately funded providers. This is in line with the fact that the UK Border Agency aim to inspect and or review all privately funded sponsors by one of the recognised bodies by the end of 2012.
Other changes that have been introduced include:
- New provisions for other family members of refugees and beneficiaries of humanitarian protection
- One minor correction to the Tier 2 (Intra-Company Transfer) provision and the clarification of the requirement of the 1 (Exceptional Talent) and Tier 1 (Investor) Rules
- Minor corrections and technical changes to the Rules relating to the English language requirement for partners and spouses.
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13th June 2011
NEW STUDENT POLICY- SUMMARY
Following the recent reshuffle of the laws of many areas of immigration, the UK Border Agency have published a summary of the new student policy which aims to come into force in the nearest future.
The areas that will be changed are as follows:
Accreditation
It is said that sponsors of students will need to be accredited either by Ofsted or its entrusted equivalents (QAA, The Independent Schools Inspectors, the Bridge Schools Inspectorate or the Schools Inspection Service) and must become Highly Trusted Sponsors. There is a requirement to achieve Highly Trusted Status by April 2012 and be accredited by the relevant agency by the end of 2012, a specific date to apply will be announced shortly.
Sponsors are advised that during the transition period, an interim limit will be applicable on the numbers of sponsored person by those who do not meet the above. It is advised that private providers will have the ability to provide courses, including pathway courses, by working in partnership and when the licensed sponsor takes responsibility and providers direct sponsorship to the student.
Entry Requirements- English Language Requirement
This requirement means that B2 in each of the four disciplines is seen as the appropriate level for applicants studying level 6 (undergraduate) and above.
Please note that B1 is perceived to be an appropriate level for lower courses including Pathways.
In order to obtain a visa, for those outside of universities, a test certificate from an independent test provider must be presented and this must indicate and prove the attained level, universities will at that stage be able to vouch a student’s ability and decide the level of study needed (either degree level or above). The UK Border Agency will ignore this requirement for truly exceptional student following individual requests by the university academic registrars. The UK Border Agency Officers will be able to refuse a person who is unable to speak English without the use of an interpreter.
Funding
Applicants, when submitting evidence of funding, will be required to sign a declaration that the funds presented to meet the maintenance requirement are genuinely available for the use of coming to the UK to study. Essentially this means that easier refusals can be made on grounds of deception. Applications that include bank statements from banks that the UK Border Agency cannot trust to verify the statements will be refused, furthermore local lists of inadmissible banks will be provided.
UK Border Agency claim that a streamline process will be introduced for low risk applicants going to Highly Trusted Sponsors, in other words they may waive the requirement to provide documents beyond the CAS letter and passport/ID Document. It is said that this is based on robust supporting evidence of compliance and abuse and in order to bring a system that is targeted and responsive for staff and applicants.
Entitlements- Work during term time & work placements
Students at Recognised Bodies (universities)- Such students will maintain the right to work for 20 hours a week on a part-time basis and to carry out work placements, this is when the study:work ratio is 50:50.
Students at publicly funded FE Colleges- Such students will also be able to continue to work for 10 hours a week on a part-time basis
Other students- Others will not have any right to work part-time and work placements will need to be 66:33 in favour of study:work.
Dependants
In order for a student to sponsor a dependant of theirs they must be on a post graduate course (NQF 7 or above) at a university and the course is more than 12months, or they must be a Government Sponsored student. All dependants will enjoy the right to work.
End of Course- Time as a student
Once a student reaches the completion of their course, they will be allowed to remain as a student a maximum of 3 years at NQF 3-5 Level and 5 years for those at NQF 6-7. Those at higher levels studying PhD courses will have exceptions apply to them. This is also the case for courses that require a matter of professional qualification which is longer than 5 years (such as medicine and architecture) Sponsors must vouch academic progression for those students that are not progressing to the next NQF Level.
Post-Study Work
As previously announced, the current Post-Study work category will close from April 2012. Graduates from UK Universities with recognised degrees, PGCE or PGDE Certificates will be able to switch into the Tier 2 Category without a limit on switchers. However, only those in the UK can switch prior to the expiry of their student visa. Normal Tier 3 requirements will apply except the Resident Labour Market Test. UK Border Agency say that they will ensure to keep genuine student entrepreneurs with great ideas to remain in the UK to develop their business propositions.
Important changes to Tier 4 point-based system ....Read More2
3/07/2010
Secure English Language Test.........Read more
Rejection of UK Student visa applications on the basis of insufficient fund availability.. Read more
Date : 07/09/2009