RD-07 Tier 4...  · Web viewMOP. Manual of O. perational. Procedures for. Research Degrees. MOP RD...

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MOP Manual of Operational Procedures for Research Degrees MOP RD - 07 Owner: Research Degrees Office Tel: 01908 654882 Email: research-degrees- [email protected] Last Update: March 2018 Summary: Tier 4 Guidance Related MOPS: MOP 01 Research Degree Regulations MOP 05 Research Degree Prospectus MOP 09 English Language Requirements MOP 14 Supervision MOP 57 Annual Leave MOP 69 Authorised Absence MOP 74 Doctoral Extension Scheme Useful links: Tier 4 (General) student visa https://www.gov.uk/tier-4-general-visa Research Degree Regulations http://www.open.ac.uk/students/charter/sites/ www.open.ac.uk.students.charter/files/files/ecms/web-content/ research-degree-regulations-2016.pdf Research Degree Prospectus http://www.open.ac.uk/postgraduate/research-degrees Tier 4 Guidance

Transcript of RD-07 Tier 4...  · Web viewMOP. Manual of O. perational. Procedures for. Research Degrees. MOP RD...

MOP

Manual of Operational Procedures for

Research Degrees

MOP RD - 07Owner: Research Degrees OfficeTel: 01908 654882Email: [email protected] Update: March 2018

Summary: Tier 4 GuidanceRelated MOPS:MOP 01 Research Degree RegulationsMOP 05 Research Degree Prospectus MOP 09 English Language RequirementsMOP 14 SupervisionMOP 57 Annual LeaveMOP 69 Authorised AbsenceMOP 74 Doctoral Extension Scheme

Useful links:

Tier 4 (General) student visahttps://www.gov.uk/tier-4-general-visa

Research Degree Regulationshttp://www.open.ac.uk/students/charter/sites/www.open.ac.uk.students.charter/files/files/ecms/web-content/research-degree-regulations-2016.pdf

Research Degree Prospectushttp://www.open.ac.uk/postgraduate/research-degrees

Tier 4 Guidance

Supporting documents

Recruitment guidelines and Applicant recommendation form are http://www.open.ac.uk/students/research/forms-and-guidance

Guidance for ARC students is at https://openuniv.sharepoint/sites/ras/Shared Documents\Research\Research Degrees\RDO Office Admin\UKVI\UKVI Monitoring_ARCs\Procedures

PLEASE ENSURE ALL DATA IS ENTERED ACCURATELY

Roles and Responsibilities

Manager, PGR Student Operations

Level 1 user and Authorising officer

Ensures accuracy and reliability of data on CIRCE. MI reports and spot checks Monitor attendance Manages visa expiry dates and actions required Post-study visa applications Reporting qualified students and problems to UKVI Approve CAS and payments for DS students. Monitor expenditure for audit purposes Research Degree adviser training as required Management of annual registration of existing non-EEA

students and registration of new students, ensuring compliance with UKVI requirements

Manage communications to students and faculties Manage users on SMS Manage budget and projected CAS numbers

Senior Manager, Research Degrees

Level 1 user and Authorising officer

Manage and update processes, procedures and documentation to facilitate accurate and timely data capture

Maintain institutional knowledge of evolving UKVI requirements and impact on policies, processes, procedures and documentation

Introduce and embed process for annual document checking

Ensure process in place to manage non-EEA student transfers and monitoring of maximum allowance for stay in UK

Check all overseas ARFs for UKVI & ATAS requirements Monitor refusal rates and non-enrolment against

compliance percentages and report issues to RD management team

Manage annual Highly Trusted Sponsor application process

Succession planning and transfer of knowledge Briefing and communications on process change, policy

change, documentation, reporting and monitoring arrangements

Head of Research Degrees

Level 1 user and Authorising Officer

Overall accountability for compliance

Research Degrees Advisers

Level 2 users

Enter CAS details on SMS Monitor attendance (including DES) Keep any hard copy folders up to date Keep all electronic folders up to date in accordance with

the structure outlined in Appendix 1HR (Fiona Roberts, Sharon Henry)

Key contact

Manages HTS application and renewal Holds HTS documents Pays the HTS fee

Procedure

These procedures are determined by the UKVI Policy Guidance for Sponsors at:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/623341/T4_Migrant_Guidance_29_June_2017.pdf

The UKVI requirements change frequently and there will often be individual students whose circumstances will require careful processing and monitoring. These procedures will be checked and updated quarterly by the Senior Manager, Research Degrees. Applicants are subject to the policy guidelines in place at the time of their visa application, as well as individual terms and conditions applicable to their visa. Legacy versions of the policy guidance are available at:

http://webarchive.nationalarchives.gov.uk/*/http://www.bia.homeoffice.gov.uk/

Research Degrees Advisers should not give immigration advice to applicants or interpret the UKVI guidelines. Seek advice from a manager if asked for advice relating to a visa application. Immigration advice for applicants is available from the UK Border Agency (UKVI) at:

https://www.gov.uk/tier-4-general-visa

The UK Council for International Student Affairs (UKCISA) at http://www.ukcisa.org.uk/ has an excellent range of factsheets on international student issues and rights.

Receipt of Initial ApplicationReceipt of Applicant recommendation form from faculty / Correspondence from ARC that study visa will be required

Passport Details

For DS students, a copy of the passport should be attached (File 4 – see Appendix 1).

For ARC students, request a copy of the passport from ARC Research Degree Coordinator (File 4 – see Appendix 1).

This is so that we can see the basis on which they have leave to be in the UK.

If they have a valid:

Tier 1 or 2 visa – they can commence their studies as normal the expectation being that they will transfer onto Tier 4. See section 5 on visa extensions.

Dependant’s visa - they can commence their studies as normal, the expectation being that they will transfer onto Tier 4. However in order to get a Tier 4 visa, these students will need to apply from their own country, so should be made aware of this (they may prefer to leave the country and obtain correct visa before commencing their studies). Consult a manager and the faculty in this instance. It is recommended that students apply for a visa in their own right as their right to remain in the UK will be at risk if the visa of the person on whom they are dependant is cancelled or changes.

Tier 4 visa - Once a CAS has been approved that organisation becomes the student’s sponsor, even where the student is still at a different university or place of work in the UK. It is important that these students are flagged with the relevant manager.

Settlement or other permanent leave to remain – they can commence their studies as normal as they do not fall under Tier 4 of the Points Based System.

Qualifications:

Ensure that we have evidence of the qualification(s) upon which they are submitting their application for registration onto the research degree programme (File 1 – see Appendix 1)

Where the qualification is from outside the UK, check the qualification with NARIC (File 2 – if not required complete file note 02 – see Appendix 1).

http://ecctis.co.uk/naric/

Confirmation from the faculty/ARC of the student’s English language ability.

There is an exemption for students from1, or who have completed a degree in2, the UK or a majority English speaking country.3 Where this cannot be demonstrated, University policy is to request an English language test certificate issued in the past two years. These should demonstrate competence in all four elements; reading, writing, speaking and listening, at SELTS level B2 or above. Level C1 is more appropriate to postgraduate study. Level B2 or above is required for a visa; level C1 or above is appropriate for PhD-level study. The Open University uses the IELTS standards and regulations require IELTS (or equivalent) with an overall score of 6.5 and a score of no less than 6 in any of the four categories.

It is not acceptable to give expected results. Faculties/ ARCs are required to submit copies of a student’s English language assessment certificate(s) (with the Applicant recommendation form for DS students).

The list of approved English language qualifications can be found here:

https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests

Please check the validity of the certificate as some expire and do not remain valid (File 3 – if not required complete file note 03 - see Appendix 1).

Previous Study in the UK

Where applicable the student’s previous study in the UK should be checked to determine whether there any conflict with the UKVI’s academic progression rule or total amount of time spent studying.

Academic Progression:

1 UKVI consider that the following to be majority English-speaking countries: Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Ireland, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, the United States of America.2 UKVI will accept a degree completed in the English language from the following countries as evidence of proficiency: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, the UK, the United States of America.

3 Canada is an exception: Canadian national students do not need to prove English language competence but non-national students with a degree from Canada must provide evidence of English language competence

If the student has done a degree or Masters level qualification outside the UK, their CAS should be on the basis of studying at NQF level 7 (MPhil), with expected progression to NQF level 8 after probation.

If the student has done a Masters level qualification in the UK, their CAS should be on the basis of studying at NQF level 7 with progression from a taught Masters to a research-based Masters, with expected progression to NQF level 8 after probation.

If the student is transferring in from another institution, their CAS should be on the basis of studying at NQF level 7 “to complete an existing course” (if transferring in first year), or NQF level 8 (if transferring after first year).

If the student already has an MPhil (for example, in a different discipline to their research topic), ask a manager for advice on how to word this.

Consult with a manager to ensure the student’s academic progression is correctly described4.

Time Spent Studying in the UK:

Determine the total amount of time that the student has been or will be in the country. If by the time the student completes their PhD they will have spent more than 8 years at Tier 4 because of previous study in the UK, they will not be granted any further leave to remain. In calculating the maximum amount of time that a student spends studying at or above degree level, the UKVI will only include the length of the course and will not take into account the additional periods of leave granted before or after their main course of study (File 5 – Complete file note 05 - see Appendix 1)

For ARC students, also check where the student will be located (is it a collaborating establishment?) and will a non-ARC based supervisor be overseeing the student in the UK.

Maintenance Funds and Fees

Please ensure that the student is either: In receipt of a grant (note start and end date) Is sponsored (fees and stipend, note start and end date) Can demonstrate that they have enough money to pay the fees

ATAS: JACS codes

ATAS is needed for study which could contribute to the spread of knowledge or skills used in the proliferation of weapons of mass destruction and their means of delivery. This will mostly affect STEM, but . Faculties are asked to indicate the most appropriate JACS code for the student’s research topic on the Applicant recommendation form.

An up-to-date list of all JACS codes which need ATAS clearance can be found on the FCO website at:

http://www.fco.gov.uk/en/about-us/what-we-do/services-we-deliver/atas/who-atas/phd-or-other , or

The Government periodically changes the list, so faculties are asked to refer to the websites for the latest codes.

If a student needs a Tier 4 visa, ensure we have:

4 Suggested wording for describing the student’s academic progression is given later in this document (section 4.3.1).

Copy of passport this includes a copy of every page that has a stamp. Copies of degree certificates (BSc, MSc) used as the qualification to evidence

their suitability for research degree registration. Copies of the English Language Certificate JACS code for making ATAS requirement assessment. For ARC’s request a

JACS code from a Faculty. Evidence of any funding (grant/sponsorship) A valid ATAS certificate if required (please note a CAS cannot be requested

until ATAS is obtained)

Any document that is not in English or Welsh must be accompanied by a certified translation. The translator’s credentials should be given along with their official declaration that the translation is accurate.

Please ensure that all documents are stored electronically as outlined in Appendix 1.

Once the documents have been checked, send the ARF and associated documents to research-degrees-management for checking. Overseas ARFs to be checked by Senior Manager, Research Degrees, before taking to Graduate School Director (or delegate) for sign-off.

Once the Applicant recommendation form has been signed off / Request from ARC received

ATAS certificate not required

Send the offer letter. Complete File Note 06 (see Appendix 1). Once the student has accepted / or for ARC students, arrange to issue them with a CAS (section 4.3).

ATAS certificate required

Request a proposed thesis title and a 300 word summary of the student’s project and confirmation of the funding arrangements from the Faculty/ARC if this has not already been supplied on the ARF.

Complete the information document (Appendix 2) which forms part of the offer letter for overseas applicants.

Provide the student with an offer letter, including the completed information document. Ensure that the student is aware that they must apply online at:

http://www.fco.gov.uk/en/about-us/what-we-do/services-we-deliver/atas/apply-online/

Reiterate the importance of ensuring that they put the information into the online form exactly as it appears on the information document from us.

Once ATAS clearance has been granted:

Save a copy of the certificate on the student’s electronic file (File 6 - see Appendix 1)

Update CIRCE with the certificate number NPG289/xxxxx/year

CAS – Confirmation of Acceptance for StudyARCs which are Highly Trusted Sponsors in their own right will assign CAS’s to their own students.

Issuing a CAS

Once student has ATAS clearance, if required, or has accepted an offer we need to create a Confirmation of Acceptance for Study (CAS) on the UKVI database at:

https://www.points.homeoffice.gov.uk/gui-sms-jsf/home/SMS-003-Home.faces

We have a limited number of CASs that we can assign – 45 per year, so it is important not to waste them. For DS students, only apply for a CAS for students whose Applicant recommendation form has been signed off. You will need a log-on and password. If you do not have one, a manager will get one for you.

Once in the system, choose the link for students and then choose ‘Create CAS’ – you are able to edit an existing a CAS that has not been assigned through this option as well.

To complete the CAS ready for it to be assigned, you will need the following information from the Applicant recommendation form / requested information from ARC:

Name as on passport Date of birth, gender, nationality Place and country of birth Passport number PI (this goes in the Course Details section ‘application number’ or sponsor’s unique

ID) Course title – Thesis title Course level – for a new application select ‘NQF level 7’ – you can use the

‘justification text box’ to record the expected progression to NQF level 8 once probation has been passed.

Course start and end date (registration start and end dates – four years)

In addition please complete:

Latest date a student can be accepted onto course should be two weeks after the stated start date.

o For ARCs the start date should either be their registration start date or today’s date if they have already registered and are applying to come into the UK

Tick to say course is full-time and put hours as 0 Tick, where applicable, to confirm that an ATAS certificate is required (note you

should have this before you generate the CAS – please confirm that it was not issued more than 6 months before the proposed registration date)

Main study address is the OU address / ARC address or address of Collaborating Establishment as appropriate

Course fees and all other fees boxes are £0.00, assuming student is in receipt of a funded studentship (i.e. stipend and fees paid). If not or if an ARC student, consult a manager about arrangements for invoicing fees and stating them correctly on the CAS.

Under the ‘progression details’ section, select whether they are a previous UK student.

o If no, move on to ‘Other evidence’ sectiono If yes, state previous course level o State whether this is lower, the same, or higher than the current course, and

use the relevant text from the following examples: Student is progressing from a taught masters to a research-based

masters and is expected to convert to a PhD (NQF level 8) after passing probation

(if transferring in) Student is completing study started elsewhere.

Other Evidence required

a) Enter qualifications, highest first, as follows:

Master of Science/Arts in [SUBJECT] from [UNIVERSITY], [COUNTRY] (Postgraduate qualification)

Bachelor of Science/ Arts in [SUBJECT] from [UNIVERSITY], [COUNTRY] (Undergraduate qualification).

(The student must be progressing from a lower-level qualification. If he/she is not, an explanation will need be needed, e.g. studying to broaden professional development etc. If they are transferring in, the academic progression rules do not apply as the student is “completing a course started elsewhere”. Seek advice from a manager).

b) Interview and English language requirement

Students need to show that they have the relevant English language competency to study at degree level.

Use the drop-down box provided to enter the scores provided on the Applicant recommendation form.

Example text: Candidate was interviewed and two independent academic references were taken up. The candidate's proficiency in English was assessed at interview as being at a level equivalent to B2 in the CEFR, with an overall band score of 8.5 certified by [awarding body, e.g. IELTS] in [month, year]. The candidate’s first degree was completed in English, in [month, year] at the University of XX, United Kingdom.

c) Maintenance grant and fees:

If in receipt of a grant check the details and enter text:

Example text: The student will be funded by [funder] and will receive a maintenance grant of £14,553 per annum5 (which will increase annually in line with inflation). Subject to satisfactory progress, the student will be funded for [number] years up to [grant end date]. HE/SHE is entitled to remain registered as a full-time student until [REG END DATE] in order to allow HIM/HER to complete and submit and defend HIS/HER thesis for examination for the degree of Doctor of Philosophy (PhD). All course fees are paid by the [INSERT FUNDER E.G. OPEN UNIVERSITY].

5 Based on the 2017/18 rate

Example text: The [ARC] has provided a maintenance grant to [STUDENT] in order to allow HIM/HER to study for a postgraduate degree, Master of Philosophy (MPhil) progressing to Doctor of Philosophy (PhD). The studentship will be funded for a period of THREE/ FOUR years from [REG START DATE] and covers all fees and living costs. The studentship consists of a maintenance grant of [£] per annum and all fees are paid by [ARC].

Or if studentship is for less than four years:

Example text: Please note that although [STUDENT’S] funded studentship for the MPhil / PhD ends on [GRANT END DATE], subject to HIS/HER satisfactory progress, HE/SHE is entitled to remain registered as a full-time student until [REG END DATE] in order to allow HIS/HER to complete and submit HIS/HER thesis for examination for the degree of Doctor of Philosophy (PhD). [ARC] is an Affiliated Research Centre of The Open University and is allowed to register student for Open University Research Degrees subject to the successful outcome to annual monitoring and periodic review visits conducted by staff from The Open University. The advice we have received from the UKVI indicates that the Affiliated Research Centre can be designated as a temporary location authorised by the sponsor.

Where they are bringing a dependant note please refer to a manager and the following document

https://www.gov.uk/tier-4-general-visa/family-members

Once this has been completed the CAS is ready to be assigned

Email the student details (Surname, Passport number) to appropriate manager and ask them to assign. Also include all supporting documentation that you used to enter the CAS (passport, ARF, degree certs, ATAS, IELTS etc).

You will need to put together a CAS statement to send to the student which mirrors the information completed on the CAS. The CAS letter should be sent as a PDF via ZendTo, to ensure secure transmission.

Management process to assign a CAS

Sign in to SMS and locate the CAS. Check and assign the CAS and pay the fee. A payment confirmation will be generated – email this to the team secretary with the date assigned, student name and faculty /ARC.

Email a copy of the full CAS to the adviser for forwarding to the student.

Adviser: Once the CAS number has been generated update these on the CIRCE Thesis details applet, page 2, under ‘CAS Num’ and ‘CAS Date’ (the date the CAS was assigned). Complete File 7 – see Appendix 1

Visa extensions

Students who have an established presence in the UK (i.e. have been studying with us for 6 months or longer), qualify for a reduced maintenance requirement for their visa extension (see Tier 4 Guidance).

Where the student has limited leave to enter or remain in the UK and wishes to extend their visa, they must apply within 28 days of their current visa expiring. Applications for further leave will be refused if they have overstayed their visa by more than 28 days when they

apply. Complete File 21 – see Appendix 1

ATAS for visa extensions

Students will, where required, need to apply for a new ATAS certificate if they apply for an extension of leave in order to complete the course. This must be done before they can apply for a visa extension. As the JACS codes requiring ATAS clearance are frequently updated, this should be considered when an application is made for any visa extension. ATAS extensions should be recorded in File 12 – see appendix 1.

CAS for visa extensions

Students will need a CAS (once they have ATAS clearance if required). Follow the procedures above with the following exceptions:

Course level (NQF level 8 (PhD) if they have passed probation Course start date: the first day after their current visa has expired (e.g. if the visa

expires 31 January 2015, the start date on the CAS will be 1 February 2015 – they will need to apply in advance of this date). Their actual registration dates will be included in the evidence provided box

Course end date – submission due date + 9 months (see below) Evidence (see below)

Evidence for visa extensions

a) Qualifications

Example text: The student has been assessed as being able to continue on this programme of study on the basis of progress to date.

b) English language requirement

Example text: The student’s proficiency in English has been assessed as being at a level equivalent to B2, tested in [month, year] with an overall band score of [score].

c) Registration details

Example text: The student registered for study with the Open University on 1 MONTH YEAR and their submission due date is currently [DATE MONTH YEAR]

d) Maintenance grant and fees.

Check the student’s grant end date, and whether they have been approved for a grant extension (if applicable). If the student is outside their funded period, they may need to show that they have a minimum amount of money in the bank6.

FROM OCT 2013: if the student originally registered in or after Oct 2010 they will be liable for the continuation fee – include this on the CAS. Consult a manager on wording for the CAS.

6 As the students has an established presence in the UK this will be less than that required for new students: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/343718/T4_Guidance_08-14.pdf

Example text: The student will receive a maintenance grant of £XX,XXX per annum (which will increase annually in line with inflation). All course fees are paid by the Open University / The student is liable for the continuation fee of £xx per annum.

Where they have dependants in UK:

Example text: We understand that the maintenance grant is also used meet the living costs of the students (relationship, i.e. wife and daughter) NAME and NAME (as on passport)

For ARCs - confirm the maintenance grant arrangements and contractual arrangements where T4 students are based at partner institutions

e) Additional information

Example text: It is estimated that [NAME] would need until [REG END DATE + 9 MONTHS] to allow him/her time to attend his/her viva voce examination, complete any amendments required by the examiners and to submit his/her final bound thesis.

(This is also is noted on the CAS statement that we send to the student. The correct start and end dates should be put and then this additional time is noted further down on the letter.)

As above, email the student details (Surname, Passport number) to appropriate manager and ask them to assign.

Management process to assign a CAS

Sign in to SMS and locate the CAS. Assign the CAS and pay the fee. A payment confirmation will be generated – email this to the team secretary with the date assigned, student name and faculty /ARC.

Email a copy of the full CAS to the adviser for forwarding to the student.

Adviser: Once the CAS number has been generated update these on the CIRCE Thesis details applet, page 2, under ‘CAS Num’ and ‘CAS Date’ (the date the CAS was assigned). The CAS letter should be sent as a PDF via ZendTo, to ensure secure transmission.

Complete File 21 – see Appendix 1

Registration and record keeping

When a student comes to register we need to:

(a) ensure that we have the students contact details in the UK this includes domicile, email address and telephone number (Complete file note 20 – see appendix 1)

(b) view the original and take copies of current passport pages showing all personal identity details (including biometric details), leave stamps, or immigration status document including their period of leave to remain (permission to stay) in the UK (File 10 – see appendix 1)

(c) view the original and take a copy of the original examination certificates which demonstrate that the student met the entry criteria for the programme. (File 8 – see appendix 1)

(d) view the original and take a copy of the English language certificates (ensure that they are still valid) (File 9 – see appendix 1)

(e) check that photos are consistent with the person’s appearance dates of birth are consistent across documents documents are genuine have not been tampered with and belong to the

holder additional supporting documents (i.e. marriage certificate) are provided

where the two documents are in different names

(f) ensure that we have a copy of the Academic Technology Approval Scheme (ATAS) clearance certificate on file (ensure that it is still valid. Certificates remain valid for six months from issue. Students must register whilst they are still valid). (File 12 – see appendix 1)

(g) when satisfied, certify that the copies of the documents are accurate copies of the originals you have seen by signature, print name, office and date

(h) Scan each page and save to the student’s electronic folder. Keep photocopies of all of the relevant documents and put in the appropriate file (see appendix 1).

Research degrees procedures: Points-based immigration

Monitoring Attendance and Ongoing Record Keeping

The monitoring of attendance is the responsibility of the Faculty and the Research Degrees Office. Where a supervisor/faculty informs the Research Degrees Office that they have not seen a student or if they raise any concerns, it is imperative that this is raised with the Senior Manager, Research Degrees for further action.

In addition it is imperative that we are aware of the location of students at all times.

For ARCS please refer to the ARC UKVI document.

Contact details

The Research Degrees Office must keep a record of the students contact details, current and historic. We must ensure that we have electronic and paper copies of contact details. (File 20 – see appendix 1)

Quarterly reminders (Jan / Apr / Jul / Nov) to be sent to students to check the contact details that we hold for them on StudentHome Records are up to date.

Absence Records

Sickness

Where a student is absent for more than a week they must provide the Research Degrees Office with a sick note. This should be photocopied and scanned and copies put on the students electronic file. (File note 15 – see Appendix 1)

Students who defer their studies (i.e. are no longer actively studying) as a consequence of ill health for more than 60 days may continue to be sponsored providing that they can still complete their course within their existing period of leave to remain. During the absence the University is required to continue to fulfil its sponsorship duties and to provide evidence as to why this decision was taken. If this is not possible then we will have to withdraw sponsorship and advice the student to leave the UK. Once the student is ready to resume their studies a new CAS should be assigned and the student must apply for a new visa.

Annual Leave

Where a student is on annual leave they must complete an annual leave request form (Appendix 3). These can be downloaded from the GSN and must be authorised by the supervisor. Upon receipt the form should be photocopied and scanned and copies put on the students electronic and Tier 4 files.

Where a student has travelled overseas during annual leave please invite the student to bring their passport to the Research Degrees Office as soon as possible after their return to the UK so that we can photocopy/scan those additional pages in their passports that have been stamped. (File note 16 – see Appendix 1)

Authorised Absence

Where a student is on authorised absence e.g. attending a conference or undertaking field work they must complete an authorised absence request form

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Research degrees procedures: Points-based immigration

(Appendix 4). These can be downloaded from the VRE and must be authorised by the supervisor. Upon receipt the form should be photocopied and scanned and copies put on the students electronic and Tier 4 files.

Where a student has travelled overseas during authorised absence please invite the student to bring their passport to the Research Degrees Office as soon as possible after their return to the UK so that we can photocopy/scan those additional pages in their passports that have been stamped. (File note 15 – see Appendix 1)

Annual Review

One of our responsibilities as a Highly Trusted Sponsor for the UKVI is to check students’ documentation annually.

In September, all DS Tier 4 students are sent a CAMEL mailing instructing them to re-register in October. “Re-registration” is to re-check, re-copy and re-certify their passport and visa, and re-confirm their address. (File 18 – see appendix 1)

Attendance and Document Expiry Monitoring

A CIRCE report is run monthly from:

http://csintra1.open.ac.uk/InternalWebApps/CommsAndReportingUtils/Reporting/reports.aspx

This is to pick up any passports/visas due for expiry in the coming 3 months. Any students with a visa due to expire who are not due to complete are contacted as a prompt to renew their passport/visa. The email is cc’d to the supervisor(s) and Associate Dean (Research).

Faculties and the Research Degrees Office keep the necessary records of student attendance. A template (Record of expected contacts form) is available for faculties to use in monitoring student attendance. (see appendix 5). When received by RDO, monitoring forms should be checked and saved accordingly, then forwarded to Senior Manager, Research Degrees who will check information regarding working hours.

Quarterly reminders are sent to faculties and ARCs to ensure attendance monitoring is done and the reports are collated and kept on file in the Research Degrees Office.

Quarterly meetings with faculties are held where any concerns can be raised between the ADR, faculty administrator and Research Degrees managers.

Percentage monitoring is conducted quarterly by the Senior Manager, Research Degrees and reported to the Research Degrees management team. The benchmarks are: refusal should be below 20%, enrolment above 90%, completion above 85%, attendance above 90%.

Reporting completions and withdrawals to UKVI

The Withdrawal procedures and Examination procedures (part 2) show how advisers should alert a Research Degrees manager if a student on a Tier 4 visa withdraws or completes their studies, so that they can be updated on SMS.

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This must be reported within 10 working days so it is imperative that the Research Degrees manager is made aware of this immediately.

If a student’s visa status changes, notify the faculty administrator. This will include a change in where they study or do their work placement; a change of course e.g. if the course aim changes from PhD to MPhil – following an adverse outcome at probation; anything suggesting that they are breaking the conditions of their permission to remain in the UK.

If a student is leaving the University, we are required to report to UKVI and give information about what the student is intending to do (e.g. return home, apply for a different kind of visa, change sponsor). Students who have completed their research degree may under the Doctorate Extension Scheme seek to remain in the UK an additional 12 months in order to seek work.

The table below indicates when a student is required to leave the country following the end of their studies.

Reason for curtailment Date of decision

Student never enrolled on their course of study With Immediate effect – these applications receive a full right of appeal (ROA)

Student stopped studying / sponsorship ceased

60 days from date of decision

Student completed course earlier than expected

Either honour the original wrap-up period (i.e. 4 months from exact course end date,

Or if less than 60 days’ remain at the date of decision curtailment action would not be taken

Reporting concerns to UKVI

Manager’s report any concerns as they arise on SMS. Faculties should raise any concerns in the quarterly meetings.

Maternity and paternity

Students who are pregnant, have had a baby, or are adopting a child will need to contact UKVI directly about the immigration status of the child, and any impact on their visa. The Research Degrees cannot provide advice in these situations but can provide supporting documentation, e.g. a letter confirming the maternity leave, if required by the student.

When a student’s suspension for maternity or adoption leave is reported, a note should be put on SMS to say "XXX has been granted a suspension for the period ... to .... in order to take maternity leave.  We expect her to return to the programme of study on .....  (if applicable - ). Please note that XXX has been advised by her midwife not to travel by due to medical reasons  - please contact us if you require further information."

Update SMS when the student returns to study.

Retention of records

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The UKVI requires us to retain documents relating to Tier 4 visas for one year, or until a compliance officer has examined and approved them. Our compliance with the Open University Student Data Retention policy means that we keep student records for 6 years following completion or withdrawal, therefore we should not need to take any additional steps to comply with UKVI’s document retention policy.

CIRCE procedures

Tier 4 students

Once a CAS number has been generated update these on Thesis Details page 2, under ‘CAS Num’ and ‘CAS Date’ (the date the CAS was assigned).

Check the copy of the passport when a student registers and update Student Details page 2 with ‘Study visa start date’ and ‘Study visa end date’.

If the student has a Tier 4 visa from another sponsor, they will have a CAS issued as normal, , in which case just enter ‘T4’ in the CAS Num field and the visa start and end dates. Put a note in the Thesis Admin Comments box as well in these cases.

For all other non-EEA students

Thesis details page 2, CAS Num field: use this field to note the type of visa e.g. T1, T2, Dependants visa, settlement etc.

Student details page 2, study visa start date: put the start date of the visa that they have or the leave to remain.

Student details page 2, study visa end date: put the end date of the visa that they have. If they have leave to remain with no end date please leave the end date blank and put a note in the Thesis Admin Comments box

ATAS update

If ATAS was required please update Student details page 2, ATAS Cert. Number with the certificate number ‘NPG289/xxxxx/year’.

If ATAS was not required put NA in this field.

Tier 4 Doctorate extension scheme

Eligibility

Students who are about to complete, or have recently completed, their research degree, and are still covered by a Tier 4 visa, can apply from within the UK to remain in the UK for a further 12 months after their completion date, to find skilled work or set up as an entrepreneur. Under the extension scheme, students will have full unrestricted working rights (some professions are exceptions) once the OU confirms they have completed their degree.

Students will not be prevented for applying to the extension scheme if the extension of their leave would take them beyond the maximum of 8 year permitted study time in the

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UK. Policy documents currently refer to ‘PhD’ students but other research degrees are also considered valid.

Students whose Tier 4 visa has expired are not allowed to apply for the extension scheme

CAS requirements

A new CAS will be required – students must apply for the new CAS no more than 60 days before the course end date. As this is not definitive it has been suggested that the course end date be considered to be the date that the bound thesis is accepted by the library.

Standard Tier 4 conditions continue to apply while the student is still studying.

Monitoring arrangements – this scheme only

Sponsors are expected to have oversight of any students they are sponsoring on the Doctorate Extension Scheme, however, formal points of contact are less frequent.

We are expected to:

remain in contact with the student, with at least two scheduled contact points during the extension period,

provide support if required, to be agreed with the student on an individual basis. request up to date contact details from them

Doctorate Extension Scheme Agreement Form

The Doctorate Extension Scheme Agreement form should be completed when a student wishes to apply for a new CAS (see Appendix 6)

Further information

An FAQ document for institutions is at Y:\Reference information\Visa & PBI

Information for students is available on the UKVI website at:

https://www.gov.uk/tier-4-general-visa

and in the UKCISA factsheet ‘Working in the UK after your studies’ at

https://www.ukcisa.org.uk/Information--Advice/Working/Working-after-studies

Maintaining compliance and good practice

The Research Degrees Office re-checks, re-copies and re-certifies student documentation every year, and students are regularly reminded to alert the Research Degrees Office to any change in their contact details.

The Manager, PGR Operations passes suggestions for process improvement to the Senior Manager, Research Degrees, as they enter CASs.

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The Senior Manager, Research Degrees is signed up to UKVI news feeds, UKCISA email updates, and attends conferences on the subject to aid ‘horizon scanning’. A quarterly check and update of procedures and forms is also scheduled (June / September / December / March), although ad-hoc updates will be made when required in line with changes in policy.

Further information

Information for students is available on the UKVI website at:

https://www.gov.uk/tier-4-general-visa

and in the UKCISA factsheet ‘Working in the UK after your studies’ at

https://www.ukcisa.org.uk/Information--Advice/Working/Working-after-studies

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Appendix 1UKVI FILE STRUCTUREThe list below outlines the structure and naming convention for UKVI files.

Those listed in black are single files. Those listed in blue will be subfolders. Green is the naming convention.

Pre Offer Documents (01-05)

1. Copies of Certificates – Pre OfferCertificates should be named with the following convention:Degree from University Date e.g. MSc Certificate University of Manchester Oct 2013

2. NARIC Check Document saved as NARIC check or NARIC not needed as UK degree (a brief file note should explain why not done e.g. Degree from UK or pre check required, see file note 02)

3. English Qualification Document saved as Test – grade – date of test, for example IELTS – 8.5, 030215 or English not needed [degree from approved country] or English not needed [majority English speaking country] (a brief file note saying why not needed, see file note 03)

4. Copy of passport - Pre OfferDocument saved as copy of passport – pre offer – with passport expiry date e.g. 15 Oct 15

5. Total time A file note indicating the time that the applicant has previously spent studying in the UK (see file note 05)Document saved as Total time in UK

Documents Post Offer / Pre Registration (06-07)

6. ATAS certificateDocument saved as ATAS – certificate number – or No ATAS required [insert JACS code] (a brief file note should verify JACS code and state no ATAS required, see file note 06)

7. CAS and VisaThe CAS should be named with the CAS number and date of issue e.g. CAS [insert number] [insert date of issue]The Visa should be named with the visa number and the date of expiry e.g. VISA Type (e.g. Tier 4) [Insert number and expiry date]

Documents at Registration (08-14

8. Certified Copies of CertificatesCertificates should be named with the following convention:

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Degree from University Datee.g. Certified MSc Certificate University of Manchester Oct 2013

9. Certified copy of English CertificateDocument saved as Test – grade – date of test, for example IELTS – 8.5, 030215 or English not needed [degree from approved country] or English not needed [majority English speaking country] (a brief file note referring to file note 03)

10. Certified copy of passport Document saves as Certified copy of passport –with passport expiry date e.g. 15 Oct 15This should include all pages of the passport that have a stamp.

11. Certified copy of visaThe Visa should be named with the visa number and the date of expiry e.g. Certified VISA Type (e.g. Tier 4) [Insert number and expiry date]

12. ATAS valid documentDocument saved as ATAS valid at registration (a brief file note should note date of issue and date of registration, see file note 12) or ATAS not required (a brief file note referring to file note 6)

13. Signed Roles and Responsibilities for UKVI compliance documentDocument saved as Signed Roles and Responsibilities for UKVI compliance document [insert date signed]

Monitoring Documents

14. Progress DocumentsThis should include progress and probation documents and a file note if student is at the exam stage (see file note 14 – this will need to be updated). Progress reports to be saved as Progress Report [insert date from and to]Probation report Exam Stage Report

15. Authorised absenceDocuments to be save as Authorised absence [insert date from and to]Copies of passport with all pages with stamps copied to be saved as Copy of passport following authorised absence [insert date]Include copies of any sick notes in this file saved as Sick note [insert date from and to]

16. Annual LeaveDocuments to be save as Annual Leave [insert date from and to]Copies of passport with all pages with stamps copied to be saved as Copy of passport following annual leave [insert date]

17. Suspension requestsDocuments to be save as Suspension [insert date from and to]Please note that all suspension requests from Tier 4 students must be discussed with a manager

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18. Annual CheckCopies of passport with all pages with stamps copied to be saved as Copy of passport annual check [insert date]Copies of visa to be saved as Copy of visa annual check [insert date]

19. Attendance MonitoringAll attendance monitoring reports to be saved as Attendance monitoring [insert date]

20. Address and contact detailsDocument saved as Current and Historic Addresses (brief file note showing contact details – see file note 20)

21. Extension requestsDocuments to be save as Extension [insert date from and to]Please note that all extension requests from Tier 4 students must be discussed with a manager

22. Doctorate Extension SchemeInclude all documents related to the DESDES document to be saved as Authorised Doctorate Extension

23. Change in Visa StatusInclude all documents relating to a change in the visa status of a student i.e. asylum, tier 2 visa etc. Please discuss what needs to be saved with a manager.

File Note 2

File name:

2. NARIC not needed as UK degree

Content

Applicant Name………………………..

PI Number ……………………………….

No NARIC check required as the applicant has a …………….. degree from ……………………..

File Note 3

File name:

3. English not needed [degree from approved country] or English not needed [majority English speaking country]

Content:

Applicant Name………………………..

PI Number ……………………………….

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No English certificate required as the applicant has a …………….. degree completed in the English language from ……………………..7

Or

No English certificate required as the student is from ……………..……………………..8

File note 5

File name:

5. Total time in UK

Content:

Applicant Name………………………..

PI Number ……………………………….

The applicant has previously spent ……………………years in the UK as a student

Guidance:

If by the time the student completes their PhD they will have spent more than 8 years at Tier 4 because of previous study in the UK, they will not be granted any further leave to remain. In calculating the maximum amount of time that a student spends studying at or above degree level, the UKVI will only include the length of the course and will not take into account the additional periods of leave granted before or after their main course of study.

File Note 6

File name:

6. No ATAS required [insert JACS code]

Content:

Applicant Name………………………..

PI Number ……………………………….

The student does not require ATAS.

Their research has the following JACS code………………………………….

Guidance: 7 Degrees form the following Countries are accepted Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, the UK, the United States of America

8 Majority English-speaking countries: Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Ireland, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, the United States of America.

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Please note that if the research changes ATAS may be required.

File note 9

File name:

9. English not needed [degree from approved country] or English not needed [majority English speaking country]

Content: See file note 3

File Note 12

File name:

12. ATAS valid at registration or 12. No ATAS

Content:

If ATAS valid at registration

Applicant Name………………………..

PI Number ……………………………….

Date of Registration………………………

Date of ATAS …………………………………….

If No ATAS

Refer to file note 6

File Note 14

File name:

14. Exam stage

Content:

Applicant Name………………………..

PI Number ……………………………….

Thesis Submitted…………………………….

Viva completed………………………………….

Outcome…………………………………………

Submission date………………………………………….

Guidance

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If resubmission, please ensure that student does not exceed time limits (refer to file note 5)

File note 20

File name:

20. Current and Historic Addresses

Content:

Applicant Name………………………..

PI Number ……………………………….

Address at Registration

Address: ……………………………………………………………………………………………………………………..

Telephone: …………………………………………….

Subsequent Contact Details

Address: ……………………………………………………………………………………………………………………..

Telephone: …………………………………………….

From [Insert date]

Address: ……………………………………………………………………………………………………………………..

Telephone: …………………………………………….

From [Insert date]

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Appendix 2

Date

Academic Technology Approval Scheme (ATAS)

This document which accompanies your research degree registration offer letter, dated Date, provides the information you need from The Open University to apply for the ATAS Clearance Certificate that you are required to have before you apply for a UK student entry visa. The ATAS application form which you must complete is available at https://www.atas.fco.gov.uk.

Student Name:      

Date of Birth: Enter DoB

Student Personal Identifier:      

Passport Number:      

JACS Code: same as HESA code

Funding Period: Grant start and end date

Funding Source: Funder

Registration Period: Registration start and end date

Full-time Research Degree Project

Thesis title

Enter Project Text - max 300 words - Abstract of project

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