The Student Route under the Points Based System (Tier 4)

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Tier 4

• On 31 March 2009, Tier 4 will replace the current Student category

• The Student Visitor category will remain outside of PBS

• To transfer to another sponsoring institution students will have to make a fresh application and will have to be issued with a new Confirmation of Acceptance for Studies (CAS) or visa letter

• Following consultation with the education sector, we are phasing in Tier 4

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Phased implementation of Tier 4 The Benefits

• The phased approach will help to manage the impacts on the Education sector, including allowing time for Universities’ internal systems to be upgraded

• Reduces the level of change at one time – we understand that introducing Tier 4 at the same time as launching biometrics and ID cards for foreign students is too much change

• Enables trials to take place and lessons learned to be incorporated as we move onto the detail for implementation

Why are we phasing in Tier 4?

Phasing is necessary to ensure successful implementation of Tier 4

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Timetable

From end of March 2009, students applying to come to the UK will be assessed under the Points Based System

In Autumn 2009 the UK Border Agency will trial the IT system to support the student routes. This will enable institutions to issue Confirmations of Acceptance for Studies (CAS) to potential students

The sponsorship management system (SMS) will be available from Autumn 2009 for sponsors to trial the gradual roll-out of CAS issue across application types and fulfil their sponsorship obligations by reporting to the UK Border Agency

From February 2010, all potential students in and out of country will require a sponsor issued CAS to apply to the UK Border Agency. Sponsors will use the SMS to issue a CAS to all potential students who are applying in or out of country

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July ‘08 Aug ‘08 Nov ‘08 March ‘09 Apr ‘09 Feb ‘10Nov ‘09

Phased implementation of Tier 4: Timetable Overview

Tier 4 Timetable

A risk based approach to compliance for the sponsor registration is proposed

28th July 08Phase 1: Sponsor Licences

opened

Sponsor Timetable

31 March 09Phase 2:

Tier 4 student rules go-live

30 July 08Published Tier 4

Statement of Intent

30 Oct 08Published Tier 4

Phasing plan

March 09Sponsor’s must hold a Tier 4 Sponsor’s License to recruit new international students

Autumn 09Phase 3:Trial IT

Feb 10Phase 4:

Tier 4 IT Complete

February 10All Sponsors using SMS

and issuing CAS

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Tier 4 - Students

There are 2 types of student categories:

General – for the majority of students Child Student – for those who are aged between 4 and 17

Points under Tier 4 – Pass mark 40

Confirmation of Acceptance for Studies (CAS)/Visa Letter

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Maintenance and Funds Test 10

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Visa letters

• At the end of March 2009 until Autumn 2009 sponsoring institutions will not issue Confirmation of Acceptance for Studies (CAS). Instead they will issue visa letters to confirm sponsorship of an international student

• Visa letter is a formal offer by a educational institution which is a registered Sponsor under Tier 4 to the migrant for the course of study he/she is seeking to undertake

• The Tier 4 Sponsor issues the visa letter to a migrant it wishes to sponsor to enable them to apply for entry clearance or leave to remain

• Issue of a visa letter does not guarantee that entry clearance or leave to remain will be granted to a migrant

• A migrant may be issued multiple visa letters from multiple Tier 4 Sponsors

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Content of the Visa Letter

Category This should say general or child student

Student • name (as it appears in the passport if applicable)• nationality• the passport or travel document number (optional)

Sponsor • licence number• address and contact details (if different from the letterhead)• the name and address of any partner institution if the student is studying at another institution as part of his course• the name and address of any overseas higher education institution if the time of the United Kingdom study is part of an overseas higher education course

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Content of the Visa Letter - Continued

Course • title• the academic level of course or qualification awarded when finished• start date• expected end date• hours per week• address of the student’s main place of study if different to the sponsor’s main address• address of the organisation offering the student a work placement, if known and relevant

Finances (maintenance) • course fees for the first year• course fees paid so far• accommodation fees for the first year (if relevant)• accommodation fees paid so far (if relevant)

Documents used to get the offer (used by the sponsor to assess the student’s suitability to complete the course)

• level/type of qualification• qualification awarding body and/or institution• an Academic Technology Approval Scheme (ATAS) clearance certificate if needed for the course

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Which Route to Study?

OVER 6 MONTHS UNDER 6 MONTHS

OVER 16 General Student Visa Student Visitor VisaTier 4 Not PBS

Between4 & 17 Child Student Visa Child visitor visa

Tier 4 Not PBS

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Tier 4 - Students

• For all courses lasting 12 months or more, leave is to be granted for the period of the course + 4 months at the end of the course. This therefore takes us over the previously agreed limit of 4 years for length of leave.

• “General students” will be allowed to spend a maximum of 3 years in the UK on studies below degree level

• “General students” will be permitted to re-sit examinations or repeat any element of a course on up to 2 occasions

• “General Students” will be allowed to bring their dependants. They may work if the student is in the UK for more than 12 months

• As with the current system, students will be able to work part-time (20 hours per week) during term-time and full time during vacations

• Switching: permitted into Tiers 1 and 2 where they meet the points criteria

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Tier 4: Courses with Work-placements

• The course will need to be taught in the UK at an institution on the Sponsor Register.

• Any work placement will need to form an integral and assessed part of the course;

• The course should lead to a UK qualification based at NQF level 3 or above or an overseas degree recognised as being at a UK equivalent degree-level by NARIC;

• Study (teaching) must be in the form of direct instruction from a suitably qualified lecturer/ teacher; and

- the total proportion of work experience allowed for courses under the PBS may not exceed one half of the total course length ;or

- for students studying overseas and completing part of their programme in the UK, it may not be more than 50% of the academic period spent in the UK

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Tier 4 Maintenance: Number of months for which evidence of funds is required

Student applicants must show evidence of funds for an academic year (9 months) rather than 12 months. This means:

a) for students on courses of 9 months or less, we will require students to show that they hold sufficient funds to cover the full costs of their course fees plus £800 (London) or £600 (outside London) per month for each month of the course up to a maximum of 9 months.

b) for students on courses which are more than 9 months, we will expect them to show they have sufficient funds to pay the first year of fees only plus £7,200 (London) or £5,400 (outside London) to cover an academic year in the UK

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Tier 4 Maintenance: Extension Requirements

Applicants to be assessed as follows:a) for students seeking an extension for a further course (provided they make their application within 4 months of completing their last course) or to complete a current course: we will require evidence of fees for course (year 1 only if new course is longer) + 2 months maintenance only as they will already have a proven track record of managing to live and study in the UK.b) for a student completing a course of 6 months or less and seeking an extension within 1 month to pursue further studies: we will require evidence of fees for their new course (year 1 only if the new course is longer) + maximum of 9 months maintenance.c) for a migrant switching into the student route from outside Tier 4: we will require evidence of fees for course (year 1 only if the course is longer) + maximum of 9 months maintenance.In recognition of the fact that students seeking to extend their leave to undertake further studies may do so either from within the UK of from overseas (eg. while they are at home for the summer) we will apply these extension requirements to applications made either in or out of country.

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Degree courses offered by private institutions

Some private colleges have informal arrangements with degree awarding bodies to offer degree programmes. We did not intend to issue visas to this group.

However UK Border Agency will now impose a deadline of 12 months for private colleges to get to the position where they have a formal partnership/franchise/articulation/contractual arrangement in place with the degree awarding body (university) to offer the degree programme.

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Tier 4: Sponsor Register & Accreditation

In order to bring students from outside the EEA to the UK all education providers will need to be licensed by UK Border Agency on a Sponsor Register. To join the Sponsors’ Register all Education Institutions will need to demonstrate they are bona fide institutions:•That as publicly funded institutions they have been inspected or audited by the Quality Assurance Agency for Higher Education or Ofsted or its devolved equivalents; or

•That as private schools providing education for children up to the age of 18 they have been inspected by Ofsted or the Independent Schools Inspectorate (ISI); or

•That as private institutions they either:

hold valid accreditation from an accreditation body approved by the UK Border Agency; or

that they have passed an inspection by the Office for Standards in Education (Ofsted)

(a limited concession to Accreditation also exists for Overseas HEIs delivering only part of their programmes in the UK)

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Tier 4 - Educational Establishments

Educational establishments need to provide evidence that they are an accredited publicly funded institution, private school or private institution (Universities to be inspected by the Quality Assurance Agency or it’s devolved equivalents)

UK Border Agency Approved Accreditation Bodies:

• British Accreditation Council

• Accreditation Service for International Colleges

• Accreditation UK

• OfSTED

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How a Licence application will be decided

The UK Border Agency will need to be satisfied that:

• The potential sponsor is a bona fide organisation, operating lawfully in the UK; and

• There are no reasons to believe that the potential sponsor represents a threat to immigration control; and

• The organisation is committed to, and capable of, complying with the obligations of sponsorship

• Only applicants who qualify in line with the licence criteria for that specific Tier will be approved

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Confirmation of Acceptance for Studies (CAS) – Autumn 2009

• A CAS will be a unique reference number – there will be no physical document

• From Autumn 2009, sponsors will issue CAS to students they choose to sponsor via the Sponsorship Management System (SMS). The Sponsor will be vouching for the ability and intention of the student to follow the course of study concerned

• The unique reference number is required by the student as part of their entry clearance or leave to remain application to confirm they have a sponsor

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Ratings for Sponsors

• All sponsors will be rated A or B

• The B rating is a transitional one. Organisations will need to comply with a time limited action plan to gain an A rating

• Non compliance of a sponsor in one capacity will affect rating in a separate category e.g. educational establishment acting as a sponsor for students and also as an employer

• Sponsor ratings will appear on the website

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Sponsorship Obligations

These include:

• Keeping a copy of all sponsored students’ passports showing evidence of his or her entitlement to study

• Keeping each sponsored student’s contact details and updating them as necessary.

• If a sponsored student does not enrol on his or her course, institutions must provide a report to the UK Border Agency within 10 working days of the end of the enrolment period and must include any reason given by the student for his or her non-enrolment (e.g. missed flight).

• If a sponsored student misses 10 expected contacts, without the sponsor’s reasonably granted permission, a report must be provided within 10 working days of the tenth absence.

• If a sponsored student discontinues his or her studies, such a report must be given within 10 working days and should include the name and address of any new institution that the student has joined, if the sponsor knows it.

• If there are any significant changes in the student’s circumstances, for example if the duration of a course of study shortens.

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Useful Links

UK Border Agencywww.ukba.homeoffice.gov.uk

Sponsorship under the Points Based Systemwww.ukba.homeoffice.gov.uk/employers/points/

Guidance documents for employers and sponsorshttp://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/

General Queries: – 0870 606 7766 (Migrant queries – Tiers 1, 2 & 5) – Sponsorship and Employer Helpline - 0845 010 6677 - Email address for sponsorships enquiries: sponsorshipPBSenquiries@ukba.gsi.gov.uk