managing tier 4 sponsored students

Managing Tier 4 sponsored students

An update for staff as we approach the next phase of implementation of Tier 4 (T4) of the

Points Based Immigration System for students in February 2010.

3rd December 2009 1

Phases of PBS

• The university registers as a Tier 4 sponsor of migrant students (Phase 1)

• New format paper visa letters from March 2009 (Phase 2)• New record keeping (passport copying) requirements from

September 2009 (Phase 2)• Optional Trial of CAS and reporting –not us –(Phase 3)• Replacement of visa letter with electronic CAS (Certificate of

Acceptance of Study) from February 2010 (Phase 4)• New Reporting requirements for CAS sponsored students from

February 2010 (Phase 4)

3rd December 2009 2

Emerging issues for us -1• We currently identify T4 students ( March 09 to Feb 10) by whether we have

issued a T4 sponsor letter for them• But they may not have used it, for various reasons, and therefore fall outside

T4 restrictions• Only way to tell is to check the copies of visa details on the ID card or the visa

page on the passport. The sponsored flag on STU where they are not in fact T4 can be set to N, which keeps them outside our T4 management reports.

• Documents are currently held as paper copies in schools • Registry/Schools will need to continue to work with these arrangements for

this group of T4 students - for assessment, re-assessment, Student Maintenance/R1s, and visa extensions for example

3rd December 2009 3

Emerging issues for us -2• Some changes to students enrolment record will not be possible without

taking sponsored student outside their leave to remain conditions e.g. intermitting – encourage students to take visa advice before making changes

Students should be advised to contact visas@brighton.ac.uk• We are altering GEAR to ensure that we don’t disadavantage sponsored

students by the UKBA restriction on number of attempts• Foundation Degrees and Certificates ( anything below ordinary degree level

must now involve minimum 15 hours per week classroom based teaching ) agreed by Academic Standards Committee & Partner Colleges to implement

• Re-assessment work can now create problems where demonstrating that the pattern of study is monitorable within the 60 day rule (see accompanying paper) – part year repeats and extensions to deadlines for PGT

3rd December 2009 4

Emerging issues for us -3

• Once we start with CAS issue, there will be a CAS record on SITS (called the VCR!)to identify our T4 sponsored students

• We will get status updates from the UKBA on the CAS’es and what happens to them

• For next year we are asking the university for money to buy SITS Document Manager to hold scanned copies of passports and visas on the student record.

3rd December 2009 5

Replacement of Visa letterLargely affects Registry admissions and student administration.Data passed directly from university to UKBA – copy info only to

applicant/studentWe must have passport details to sponsor nowStudents are effectively tied to the institution they are sponsored by –

certain changes theoretically possible, but not certain to be approved by UKBA

The student is increasingly expected to go home where they break their study – serious implications for the student

3rd December 2009 6

Monitoring expected contacts

• Words such as student engagement with their study, expected contacts, interactions, continued participation are used

• Registry Records and Fees will be running interim monitoring for sponsored students from March to September 2010

• A Monitoring Working Group has been set up to define, with the PBS Steering Group approving, and Schools implementing for September 2010 onwards. Stakeholder meetings in late January

• Schools to decide what their interactions are – UKBA has provided some suggestions....

3rd December 2009 7

Expected interactions to show engagement/: Examples from UKBA Tier 4 sponsor guidance

• attendance at any lesson, lecture, tutorial or seminar (as relevant to the level of study);

• attendance at any test, examination or assessment board; • submission of assessed or un-assessed coursework; • submission of 'interim' dissertation/coursework/reports; • attendance at any meeting with a supervisor or personal tutor; • attendance at any 'research method' or 'research panel' meetings. or at 'writing

up' seminars or 'doctoral workshops'; • attendance at a viva; • registration (matriculation/enrolment); and • attendance at an appointment with a welfare advisor or an international student

adviser. • This list is not exhaustive

3rd December 2009 8

Possible outline of the new process• Schools will monitor to an agreed framework for Taught students, PGRs,

and Placements• Registry will provide the SITS facility to record interactions electronically• Students will be warned if there is concern that they are not engaged well

before they are reported and given the opportunity to re-engage• Students will have the opportunity to respond (we must consider the

timescale for this since we have to report within 10 working days of the 10th missed contact)

• Schools will notify Registry if a student should be reported (new SITS software should help with this)

• Registry will report to UKBA

3rd December 2009 9

UKBA Reporting requirements - 1Reporting certain student events to the UKBA becomes compulsory with CAS issue. So for us, this

applies to students sponsored from February 2010.

EnrolmentIf a sponsored student does not enrol on his/her course within the enrolment period. The report

must be provided within 10 working days and must include any reason given by the student for his/her non-enrolment (for example a missed flight)

For UKBA reporting purposes only the “enrolment period” is agreed as course start plus 30 days.

Change of circumstancesIf the student discontinues their studies or there are significant changes in their circumstances

(e.g. withdraw, change course length, place of study, defer) within 10 working days.

3rd December 2009 10

UKBA Reporting requirements -2Unauthorised absenceIf a sponsored student misses 10 expected consecutive contacts, without the sponsor’s

reasonably granted permission. In this case, the report must be provided within 10 working days of the 10th missed contact

Stop Sponsoring Registry reports to the UKBA when a student’s visa expires, or the student completes their course

University directs student to leave the country Where student leaves their course, for whatever reason , the University must now issue a letter to the student advising them that they must not work and should now leave the country. They must re-apply (out of country) before they can return.

3rd December 2009 11

UKBA Reporting requirements - 3Applicants deferring entry To report to the UKBA all deferrals - including those where an applicant with CAS decides to defer their study BEFORE enrolling

AgentsDetails of any agents used for applications. All our agent relationships must be formalised now, and be agreed with the International office

Co-operation with UKBAWe must allow access to our records for UKBA staff investigating either us as a sponsoring organisation or our individual students.

3rd December 2009 12

Communicating PBS to you• Announcements of updates by email• Presence on Staffcentral and RASCALS• Trying to keep information fairly high level with

operating procedures issued as they are needed• Thanks for schools dealing with all the late

changes to passport and visa recording – the complexity grew rapidly – the UKBA changed things in September

3rd December 2009 13

The bigger picture• Very political at a national level• UUK lobbying hard for the sector- limited

response• Now trying for university’s to be granted “highly

trusted status” – lighter touch?• UKCISA issuing reporting practise guidelines in

December – will help us• Things will no doubt go on changing

3rd December 2009 14