Professional Services International Compliance

CAS Policy for enrolled students

Owner: International Compliance Manager (UKVI)

Version No: 3.0

Final Approval Date: 09 July 2020

Next Review Date: 09 December 2020

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Contents

Introduction ................................................................................................................... 3

Changes to this policy since last update .................................................................. 3

CAS Policy for enrolled students ............................................................................... 4

1. Overview of Manchester Met CAS Policy .................................................... 4

2. General requirements ..................................................................................... 4

3. Applications made from overseas ................................................................ 4

4. Applications made from within the UK ........................................................ 5

5. UKVI ‘Genuine Student’ Test ......................................................................... 5

6. Instances where CAS will not be issued ...................................................... 5

7. Instances where a CAS can be withdrawn or sponsorship of a visa can be withdrawn ......................................................................................................... 6

8. Academic Technology Approval Scheme .................................................... 7

9. The Doctorate Extension Scheme ................................................................ 7

10. Visa Refusals and Applications Rejected as ‘Invalid’ ................................ 7

11. Overstaying ...................................................................................................... 8

12. Enrolling at Manchester Met .......................................................................... 9

13. Temporary concessions due to COVID-19 .................................................. 9

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Introduction This policy is intended to provide students who are already enrolled on a course of study at Manchester Met information and guidance as to who can receive a Confirmation of Acceptance to Study (CAS) number to support an extension to their Tier 4 Visa. It also provides a brief overview of what the University expects from students that have been assigned a CAS and what students can expect from the University.

Changes to this policy since last update The following table provides a brief summary of changes since the last policy:

Section(s) Summary of section Summary of changes

1 – 13 Whole policy Deletion of repeated sections in relation to visa refusals and overstaying

1 – 13 Whole policy Bulleted numbering system introduced

10 - 11 Refusals and Overstaying Consolidation of sections

12 Enrolling at Manchester Met Additions of temporary concessions to enrolment policy due to COVID-19

13 Temporary concessions due to COVID-19

Additions of temporary concessions to policy due reference to UKVI related COVID-19 concessions

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CAS Policy for enrolled students 1. Overview of Manchester Met CAS Policy 1.1. Any currently enrolled student who requests a CAS from Manchester Met in order to apply

for Entry Clearance or Leave to Remain to complete their programme under Tier 4 of the Points Based System must satisfy the University that they meet the immigration category before a CAS will be issued.

2. General requirements 2.1. A CAS will only be issued if a student is able to meet the points below:

a. they enrolled on the first year of their course and are continuing to study full-time; or

b. they applying as part of the Doctorate Extension Scheme (DES); and

c. their course end date is after the date detailed on their first CAS for the course (unless applying for DES); and

d. they have met or are meeting the terms of paying the tuition fees for most recent

academic year they enrolled for. For example, students with an outstanding tuition fee debt may not be given a CAS.

3. Applications made from overseas 3.1. Students applying from their country of residence will be issued a CAS where:

a. UKVI’s processing times indicate that Entry Clearance can be issued within the period of time your course has agreed you can be off campus for; or

b. if you are applying outside of term time and you are studying on a taught course,

within 2 weeks of term commencing; or c. if you applying outside of term time and you are studying on a research course,

within 3 weeks of term commencing 3.2. For academic year 20/21 while the UK navigates through the Covid-19 pandemic,

Manchester Met will detail the latest date an student is able to arrive on campus by in the ‘Latest Acceptance’ date on their CAS.

3.3. Students unable to arrive on campus by the date indicated in the ‘Latest Acceptance’

date indicated on their CAS should contact VisaCompliance@mmu.ac.uk. 3.4. Manchester Met will aim to permit late arrivals where it can, however these are subject to

authorisation from the relevant faculty. 3.5. Any refunds of tuition fees are subject Manchester Met’s refund policy.

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4. Applications made from within the UK 4.1. Manchester Met will issue CAS to students within the UK where they are able to provide

proof that they have valid immigration permission, which is in an immigration category that allows them to extend or switch into Tier 4 (General).

5. UKVI ‘Genuine Student’ Test 5.1. Manchester Met is required to only issue CAS statements to genuine students and

retains the right to conduct additional checks to ensure this. 5.2. For example, in regions where UKVI reports high visa refusal rates, Manchester Met may

require an interview to take place prior to CAS issuance. 5.3. If an interview is necessary, students will be informed of this interview after receipt of

their CAS Request Toolkit and a suitable date will be arranged with a member of the International Compliance team.

6. Instances where CAS will not be issued 6.1. Manchester Met reserves the right not to issue CAS where UKVI’s Tier 4 Policy deems

the application may result in a visa refusal, this includes (but not exhaustively):

a. there are concerns with a student’s attendance and engagement on their course, even where aspects of the course are delivered virtually. If there are concerns the International Compliance Team will initiate the Student Withdrawal and Suspension of Studies procedure.

b. a student is currently repeating with or without attendance and has not passed the current academic year. Manchester Met will review the CAS Request once the student’s progression status is known.

c. a student is waiting to hear the outcome of an appeal, unless the student is required to attend classes during the time the appeal is being decided.

d. a student’s enrolment status is deferred or withdrawn

e. a student’s enrolment status is suspension unless their return date has been confirmed by their faculty

f. a student is due to ‘repeat without attendance’ unless their faculty has confirmed

that their record can be set to ‘repeat with attendance’ instead. g. a student is requesting a CAS to apply for entry clearance or leave to remain to

attend a graduation ceremony. h. a student is undertaking a research degree and is completing their main study

overseas. Students should instead contact the International Compliance Team to see if they are apply to apply under the Short Term Study route.

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i. a student has, or will, exceed the maximum time allowed for degree level study.

j. where a student is making a Tier 4 application from within the UK for leave to remain,

they are unable to meet UKVI’s academic progression requirements.1

k. a student is unable to demonstrate that they have enough funds to pay for their tuition fees and livings costs whilst in the UK.

l. there is a risk that the student will not pass an interview with UKVI.

7. Instances where a CAS can be withdrawn or sponsorship of a visa can be

withdrawn 7.1. Manchester Met reserves the right to withdraw a CAS or withdraw sponsorship of a visa

in the following instances:

a. it is clear a student is unable to arrive by the ‘Latest Acceptance’ date detailed on their CAS and this date cannot be extended.

b. following enrolment, an student is withdrawn from their course.

c. following enrolment, an student is not engaging with key elements of their course

such as lectures, tutorials, assignment submissions and online learning opportunities.

d. following enrolment, a student fails to provide Manchester Met with a copy of their

immigration permission to be in the UK or later fails to provide an update to their immigration permission if it has since expired.

e. following enrolment, a student decides to suspend or withdraw their study at

Manchester Met.

f. following enrolment, the International Compliance Team receives information following an examination board that an student has not been able to progress onto the next stage of their course or is required to repeat an element of the course without attendance.

g. Manchester Met later finds that documents submitted as part of the admissions or

CAS Request process are fraudulent. 7.2. Any refunds of tuition fees are subject Manchester Met’s refund policy.

1 Please see UKVI’s Tier 4 Policy Guidance: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/843003/T4_Migrant_Guidance_October_2019.pdf Academic progression is detailed in paragraphs 330 -353

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8. Academic Technology Approval Scheme 8.1. Any students studying within a relevant subject area are subject to providing a new

Academic Technology Approval Scheme (ATAS) certificate before they will be given a CAS.

8.2. In some instances, where a student extends the amount of time on their course or where a student transfers to a subject area that requires a new ATAS certificate but may not need a new visa, the student may need to take a break in study until the new ATAS has been received.

9. The Doctorate Extension Scheme 9.1. The earliest students can apply for the Doctorate Extension Scheme (DES) is 60 days

before their course completion date.

9.2. Students cannot apply for the DES after their course has been completed of after their visa expires, whichever is the earlier date of the two.

9.3. For the purposes of the DES, your completion date is the date when the Graduate School confirms to the Awards and Conferment team that you have completed all the academic and administrative requirements. This takes place following the outcome of your oral examination (viva).

9.4. Your completion date may vary from:

a. 10 working days following the oral examination (where there are no revisions).

b. 32 weeks following the oral examination (where major revisions are required). c. a further 14 months following the oral examination (where the outcome of the

examination is that a resubmission of thesis is required)

10. Visa Refusals and Applications Rejected as ‘Invalid’ 10.1. If UKVI return an application as refused or reject an application as ‘invalid’, students

should contact the Immigration Advice Team, with a copy of their refusal or rejection notice, immediately to discuss their options.

10.1.1. If, after discussion with Immigration Advice Team a decision is made to make a new Tier

4 (General) application students will need to apply for a new CAS. 10.1.2. A second CAS can only be issued if the student is able to demonstrate that their chances

of being refused for the same reason again are low as well as criteria set out in sections 1-6 of this policy. Where a student has made an in country application, a new CAS will only be issued if the student still has leave to remain in the UK.

10.2. To avoid an application being rejected as ‘invalid’, students are encouraged to contact

the Immigration Advice Team immediately if UKVI requests further information.

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10.3. Where an student has enrolled for their course and an application is returned as refused or rejected as ‘invalid’ a decision on whether the student can continue with their course will be made by the International Compliance Team.

10.4. The team will consult with colleagues across the International Office and Faculty before a

decision is made. 10.4.1. All available options will be given to a student before a student’s enrolment record is

suspended or withdrawn. 10.5. Any refunds of tuition fees are subject to Manchester Met’s refund policy. 11. Overstaying 11.1. Where a student has overstayed their most recent immigration permission and wishes to

make an application in the UK, Manchester Met may issue a CAS. 11.1.1. However, the issuance of a CAS will be subject to the condition that an in-person (PEO)

appointment with UKVI can take place within 14 days of start of the period of overstay. The student must also demonstrate there was a good reason beyond their control for overstaying. Whilst each case would be decided on its merits, examples include:

a. the student was admitted to hospital for emergency treatment (evidenced by an official

letter verifying the admission and discharge from medical care).

b. the student has had a close family bereavement

c. the student has an application for a course with another sponsor underway and the sponsor was not prompt in issuing them with a CAS

11.2. The student must provide proof that they have booked their PEO appointment within five

working days of receiving the CAS. 11.2.1. If students fail to submit proof that they have booked a PEO appointment, or evidence that

they have booked flight tickets to return to their country of residence to make an application from there if no appointments are available, Manchester Met may withdraw the CAS.

11.3. If a student has become an overstayer after enrolling the International Compliance Team

will take the necessary steps to protect the student’s student record, this may include a temporary suspension of studies while new immigration permission is applied for.

11.3.1. If a temporary suspension is agreed this may only be for a short period, as such your

options will be to submit your new application at an in-person (PEO) appointment with UKVI, within 14 days of your overstay beginning, or return to your country of residence to apply for Entry Clearance.

11.3.2. In order to re-join their course students will need to provide the International Compliance

Team with a new visa that permits them to study in the UK.

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12. Enrolling at Manchester Met 12.1. Under normal circumstances, students would be required to provide evidence of their

immigration permission to be in the UK before enrolling online at Manchester Met.

12.2. Due to COVID-19, there may be some instances where students will be allowed to enrol before they have received entry clearance to travel to the UK or before they meet with a member of staff in person to provide a copy of their immigration permission.

12.2.1. The provision to be allowed to enrol online before entry clearance has been received or

before immigration is provided to a member of staff is subject to the concessions set out in section 11.

12.2.2. In such instances, students will be given a deadline to arrive on campus by and provide

their immigration permission to the International Compliance Team. 12.2.3. If a student later fails to provide a copy of their immigration permission by a set deadline,

the student may be suspended or withdrawn from their programme of study. 12.2.4. If a student is later refused, the guidance within section 10 and 11 of this policy will apply. 12.3. Students will be required to make an in time visa application if they wish to continue with

their course from within the UK whilst waiting a decision on their application. 12.3.1. Students will be required to demonstrate to the International Compliance Team that an on

time application has been made by way of providing:

a. a copy of their previous visa or immigration permission;

b. a copy of their application ‘checklist’; and

c. proof of payment from their visa application 12.3.2. Where a student has enrolled for their course and they are unable to provide evidence of

an on-time application or their immigration permission, a decision on whether the student can continue with their course will be made by the International Compliance Team.

12.3.3. If a student is later refused, the guidance within sections 10 and 11 of this policy will

apply. 13. Temporary concessions due to COVID-19 13.1. UKVI have set out a number of temporary concessions for students overseas, from within

the UK and for Tier 4 Sponsors. 13.2. Where a student feels on of such concessions should apply, they should make

VisaCompliance@mmu.ac.uk aware when they submit their CAS Request Toolkit.