The UK Border Agency has announced some new reviews on the Tier 4 student category. Firstly, with regards to the new educational oversight arrangements where the Quality Assurance Agency (known as QAA) and the Independent Schools Inspectorate (ISI) will now extend their activities to cover privately funded providers. They are also in discussion with other approved bodies. In respect of the accreditation of the previous 5 bodies, the UK Border Agency have set up a transitional period whereby any sponsor who was previously accredited by a private accrediting body and whose accreditation lapses will continue to be able to sponsor new students. This is provided that they meet all other requirements such as applying to the relevant approved body by the appropriate date which will be specified and obtaining the Highly Trusted Sponsor status in time. They must not have had their licence suspended or revoked. Where an institution’s accreditation expires, they must apply under the new processes which will be announced very shortly. In the interim, their accreditation stands as it is.

 Where a college voluntarily withdraws from accreditation during this period, they will be able to sponsor students so long as they have applied for inspection by one of the approved bodies.

Where a college voluntarily withdraws from accreditation or where the accreditation body withdraws accreditation during the interim period, the UK Border Agency will ensure that the institution remains compliant with its immigration duties and will endeavour to take the appropriate action needed where it is found that they are not in line with their duties.

Institutions that hold HTS status but were accredited by one of the former accrediting bodies needing to review their HTS status will be permitted to do in the usual way. They will need to apply and meet the new educational oversight inspection requirements by dates as specified by the oversight bodies.

HTS (Highly Trusted Sponsors)

The HTS criteria are currently under review by the UK Border Agency. Changes will be announced in due course.  

If a B-rated sponsor wishes to obtain HTS status they must meet their action plan and improve to A-rated. They must hold this rating for a duration of 6 months and then apply for HTS status.

Interim Limit

The Interim limit will affect certain sponsors. All those affected have been notified in writing. The changes that are dependent on the sponsor, i.e. the English language, are based on CAS’s issued on or after 21^st April 2011. Changes dependent on students are based on the date of when an application is made.

Interim limits are calculated based on the number of CAS’s issued that result in successful application for leave to enter or remain. All sponsors should have received a letter informing them whether the limit applies to them or not. The letter would also inform them of their allocation, this was implemented on 21^st April 2011.

It is worth noting that the limit on CAS’s applies to sponsors who do not meet the new sponsor requirements. The intention of the limit is to prevent such sponsors from recruiting large numbers of students in the transitional period. The CAS limit applies to both new applications and extension ones. This due to the fact that the number of CASs allocated to each sponsor was based on the number they used for both new students and those extending in a 12 month period.

The sponsorship and employer’s helpline is open for all enquiries relating to technical and or policy related questions. The number for this is 0300 1234 699.

Post- Study Work

Students wishing to switch into the Tier 1 (Post study work) category should be aware that the UK Border Agency has provided a year’s notice of their intention to close this category. Graduates may be eligible to apply up to one year after graduation and despite their announced closure, the UK Border Agency continue to accept applications under this route until a formal closing date is posted.

Refusals

The UK Border Agency state that each specific ground for refusal dictates any rights of appeal, applications from overseas attract an entitlement to administrative review only. Where an application is refused at the border, it may attract a right of appeal in the UK or overseas. However, in cases where the applicant has attempted deception, depending on individual circumstances, any further applications may be automatically refused.

Dependants

Students who are in the UK may sponsor new dependants only if they meet the new requirements (as they are on a course of study at a Higher Education institution at or above NQF7 that is longer than 12 months or more or in case of a government-sponsored student, a course of 6 months or more). Student who have sponsored dependants previously but do not meet the new requirements may continue to sponsor their dependants however the dependants must apply for new leave within 3 months of the expiry of their previous leave and make an application at the same time as the main applicant.

A baby born in the UK to a points-based system migrant is not required to make an application for leave to remain however if they do travel they will need to obtain entry clearance upon return to the UK.

Student visitors

Dependants of such persons may apply to enter the UK as a general visitor in their own right. They are allowed to remain for a period of up to 6 months in a 12 month period. They are prohibited from employment. Non-visa nationals do not normally need to apply for a visa prior to travelling to the UK.

Maintenance & Low risk countries

All students must meet the requirements of the Immigration Rules and have the relevant funds for maintenance for at least 28 days prior to submitting an application. Students from the list of low-risk countries who wish to enter the UK to study at a Highly Trusted Sponsor Institution will be able to submit an application without the need of providing supporting documents in the first instance. Some students may be asked for documents where for instance, there is a concern or a random request in order to ensure that the process is not subjected to any form of abuse.

Sponsors are required to ensure that their students are able to complete the course of study. The assessment for this includes academic and wider factors, such as financial ability to complete a course. It is up to the sponsor to take the appropriate route of checking, although they will not be expected to seek copies of bank statements from all students.

Low- risk countries

The list of low risk countries will be amended annually, a period of at least 21 days’ notice will be given of the change to the Immigration Rules that specify the countries. No further countries will be added to the list outside the annual review process. Countries may be removed from the list only in rare circumstances. In extreme situations, all students may be requested to submit supporting documents and where this occurs, this will be widely published on the central and local websites. The UK Border Agency state that whilst they would not refuse an applicant solely on lack of supporting evidence with the initial application, applicants are strongly encouraged do so in order to avoid delays.

Academic Progression

All sponsors will need to provide confirmation for all students who are taking their second or subsequent course. This will be through a statement in the free text field on the CAS and from April 2012 onwards, this will be in the form of a tick on the CAS form.

Even where a student is studying a course at the same level as previously, although the UK Border Agency note that studies can move laterally or in exceptional cases deteriorate, they must still represent genuine progression. The sponsor will need to justify their reasons for this if asked during a compliance visit.

Institutions will not need to confirm academic progression for students who have undertaken previous study outside the UK, such as students who have completed an undergraduate degree overseas but have applied to study at undergraduate level in the UK.

July 2011

The UK Border Agency today announced that changes to the Tier 4 students are coming into affect today. The new published policy guidance is dated 21 April 2011. The changes to the Immigration Rules were brought about to prevent abuse of the system and to introduce tougher entrance criteria.

The changes require sponsors to achieve Highly Trusted Status by April 2012. Students at recognised bodies (Universities) will retain the right to work 20 hours per week during term time. Students at publicly funded FE colleges will be allowed to work 10 hours per week. Other students will not be allowed to work and work placements will be limited.

The UK Border Agency also announced that they will be closing the Tier 1 Post Study Work route as of April 2012.

The post study work route which allows graduates to work in the UK following the completion of their degrees will be open until April 2012. It was previously rumoured that the post study work route might be closed this year however, the UK Border Agency have issued new policy guidance for applicants applying after 5^th April 2011.

The post study work route is valid for two years and cannot be extended. Under this category, the migrant does not need to work for a particular sponsor. 75 points for attributes is required in order to qualify along with ten points for English language and 10 points for maintenance. At the end of their two years, migrants will be expected either to leave the UK or to switch into another eligible category.

Possibility of switching into Tier 2 category for Tier 1 PSW

Those graduating from a UK university with a recognised degree, PGCE or PGDE will be able to switch into Tier 2 and there will be no limit on these switchers. They will only be permitted to switch from inside the UK and before the expiry of their leave. The normal Tier 2 requirements will apply (save for the resident labour market test).

The UK Border Agency also made recent announcements as to changes for student visas for overseas applicants such as tougher entrance criteria.  The announcement follows a major public consultation on the reformation of the Tier 4 visa. The Home Office identified widespread abuse with many students not being accounted for.

The UK Border Agency announced that from April 2012, institutions will need to be classed as a Highly Trusted sponsor in order to sponsor students and that they will be required to undergo accreditation by the end of 2012. Students will be required to demonstrate an upper intermediate level of English (B2 level) as opposed to the lover intermediate level (B1) required now. Those who cannot speak English without an interpreter can be refused by UKBA staff.

Only students at universities and publicly funded further education colleges will be able to retain their worker rights whilst all other students will not be afforded a right to work.

Students at universities will be allowed to continue working 20 hours per week (part time) whilst FE College students will be allowed to work 10 hours per week (part time).

 A further change will only allow post graduate students at university (on a course which is for more than 12 months duration) and Government sponsored students to bring their dependants. The dependants will be allowed to work.

The UKBA announced that it will introduce limits to the amount of time that can be spent in the UK on student visas to 3 years (for lower levels) and five years (for higher levels). Exceptions will be available for those studying at higher level for instance, to complete a PHD or where the field of professional study requires more than five years (such as medicine or architecture).

A summary of the new student policy can be found on the UKBA website.

The Government has also stated that it will reform all routes of entry to the UK in order to control immigration. It will also develop new entrepreneur route for ‘bright and innovative’ students who wish to do business in the UK.

Students who wish to exclusively study an English language course in the UK will be able to apply for extended student visitor visas for up to a period of 11 months to enable them to do so. This will be introduced as of 13th January 2010 and will only be available to migrants applying from outside of the UK.  The requirements under this category are the same as the current student visitor visa requirements. Work is prohibited and students are not allowed to bring their dependants, take placements or switch into other courses or extend their stay beyond their permitted leave.

Students who wish to study other courses in the UK for a period over 6 months, will need to apply under Tier 4 of the points based system. Non visa nationals however, who do not usually require a visa to study for longer than 6 months, will need to apply for an extended visa in order to study a longer English language course.