Workshop/session title:The New Immigration Regulations: Understanding and Implementation
Date:20 October 2008
Location: Methodist International Centre, Euston, London
Summary of content:
Susan Barnes, Policy Manager, UK Border Agency (UKBA), outlined the current situation in relation to regulations and institutional responsibilities under the Tier 4, the Student Route to Immigration within the new Points Based System.This had been established because of abuse of the current systems, and also to reduce 80 separate immigration schemes to one five-tier system, which is felt to be more transparent and less subjective.Dominic Scott responded with his perspective as Chief Executive of UKCISA on the impact for PGR and PGT students, indicating in general a welcome to the process which, through preliminary on-line self assessment, would now make it clearer to prospective international students whether or not they would have sufficient points to be considered for a visa. Catherine Marston, Policy Officer, Universities UK, and Laura Du Plessis, Senior International Student Adviser, Warwick University International Office, outlined views on and current plans for institutional implementation.A breakout session provided the opportunity for delegates to discuss institutional plans and concerns.
Key points of discussion:
Outstanding areas of the process yet to be defined gave delegates cause for concern as some felt their institutions could not commit to Registration for the 4-year licence under Tier 4 (necessary by early Spring 2009) until more detail was known, on which internal procedures could be established and on which their appropriateness to be registered would be vetted by UKBA.Staff nominated to use the on-line Sponsor Management System would also be vetted.
The point at which a Certificate of Acceptance of Studies (CAS) could be issued was important, and institutions should only issue a CAS when a student had firmly accepted an Unconditional offer.However, whilst a student might hold several CAS’s from different institutions, only one would be accepted for issue of the visa tenable at the same institution.Subsequent changes to a different institution would require a new CAS to be issued (£10 a time) and a new visa to be applied for – at cost to student.
Issues of reliability of 3rd party fee sponsorship, where fee payments are still outstanding for existing students were for institutions to resolve and make immigration sponsorship decisions.
The requirement to report on failed starts or non-attendance was also of concern as definitions of enrolment periods and frequency of required attendance could vary across institutions and between subject disciplines.However, some flexibility would be permitted.Institutions needed to inform UKBA of their enrolment periods beyond which students may be reported for non-arrival, and it was for institutions to determine what were the 10 interactions, e.g. Tutorials, assignments, labs, milestones etc and report against those attendance requirements.However, if no reports were ever received by UKBA about missing students, UKBA may seek to visit institutions.A high level of problems with students may reduce an Institution’s rating from A to B, and non-compliance of a sponsor in one category will affect rating in a separate category, e.g. educational establishment acting as a sponsor for students and also and employer.
Leave will be granted for the duration of the course, plus a reasonable period to tie up affairs, or seek an extension, but initially, which will not exceed four years.Only two extensions for re-submissions/resits etc would be allowed, i.e. maximum of six-year stay.A new CAS would need to be issued for each of these.
The lack of discussions with UUK and other representatives on the IT aspects of delivery was of major concern to both institutions and UUK.What data would be required to be exported to UKBA and how this could be garnered from existing information held by institutions in order to avoid costly, unfunded, duplication of data entry was yet to be addressed.
Delegates were concerned that to date, debate appears to have been around UG and PGT students; more debate is required about implications for PGR students.
UKBA is reviewing the required level of maintenance expected to be evidenced for first 12 months, i.e. £9,600, because of concerns of those institutions whose marketing promoted the low cost of living in their area.
Leave will be granted for the duration of the course plus a reasonable period to tie up affairs or seek an extension, but initially, which will not exceed four years.Only two extensions for re-submissions/resits etc would be allowed, i.e. maximum of six-year stay.A new CAS would need to be issued for each of these.
Evaluation and outcomes:
The workshop provided an excellent overview of a major development affecting postgraduate study and debate could have continued for some time. Some institutions may need to consider closer monitoring and reporting of students than hitherto.This may be more difficult in relation to PGR students where there is less stipulation of
frequency of contact.Systems must be robust and one University (Kent) already has an on-line attendance system for all students so International students are treated no differently in this respect.
The System will be phased in:
Phase 1 – already in place, institutions able to apply for registration as Sponsors.
Phase 2 – Spring 2009 – all students applying for entry clearance or visa extension will be assessed under Tier 4 rules.Need CAS which will include Sponsor Licence number, and need to evidence sufficient funds.4-year maximum introduced, but no more “intentions” tests.
Phase 3 – Autumn 2009 – commencement of trialling new IT system with sponsors, using the Sponsor Management System.Each CAS for students applying for an extension will be issued with unique identifier number in addition to Sponsor Licence number.
Phase 4 – February 2010 – Tier 4 fully implemented for all institutions and all new applicants (in-country and out-of-country) will need CAS.
The following recommendations were made:
·To avoid a log-jam of institutions seeking registration in Spring 2009, action is needed now.
·Institutions need to start awareness building amongst academics, support staff, and existing students (who may require visa extension), and relevant staff need training.
·Institutions may need to take risks in issuing CAS e.g. in cases where attaining requisite level of English Language competence is a pre-requisite to entry on PG course, rather than await outcome of language programme.Provisional enrolment status may no longer work.
·International Student Advisors should not be involved in reporting non-attendance to UKBA.
·It would be useful for some organisation to make recommendations for good practice, e.g. ARC, UUK, QAA?
Other comments / notable points:
·Additional concerns about the accessibility of informed advice from regional UKBA contacts were raised and it appeared that training of the officers was still required.
·It was claimed that visa applications could be turned-round in 24 hours.
·Student Visitors and Prospective students are not included in system.
·Students suspending for valid reasons have no right to remain in the UK, and institutions must report to UKBA on those unable for valid reasons to return home.
·Students failing to return after fieldwork must be reported.
·Where Joint degrees are offered within UK, one institution must take Sponsorship responsibility.
·There were concerned about the evaluation by Entry Clearance Officers of students entering programmes following Accreditation of Prior Experiential Learning rather than formal qualifications.
·Institutions must evidence to UKBA what documentation was verified before offers were issued.
·Prospective students with a bad immigration history or fraudulent documentation will be banned for 10 years from re-applying for entry.
·UKBA expects International students to be studying full-time and paying the full-time fee for duration of stay – including repeats of taught courses, writing-up and extensions.
·The Academic Technology Approval Scheme (ATAS) will be separate from the PBS system.
Report author(s): K Ludlow, Professor M McCrae
Date: 3 November 2008
