Overview Immigration Rules Dec2012

7/28/2019 Overview Immigration Rules Dec2012

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19 December 2012


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Overview of the student immigration rules

Introduction 3

Legal context 4

Academic Technology Approval Scheme 5

Biometric Residence Permits 6

Confirmations of Acceptance for Studies 7

Who can issue a CAS

Before assigning a CAS

Using the SMS

CAS statement

Validity of a CAS

Courses you can offer Tier 4 students 10

Tier 4 (General) Students

Tier 4 (Child) Students

Pre-sessional courses

Dependants of Tier 4 students 13English language assessment 14

Enrolment 16

Finances evidence of money paid 18

Highly Trusted Sponsor status 19

Postgraduate doctors and dentists 20

Prospective Students 21

Record keeping 22

Reporting 23Re-sit students and students retaking modules 24

Revocation of a Tier 4 sponsor's licence 26

Student Union Sabbatical Officers 27

Student Visitors and Child Visitors 28

Work during and after study 29

Writing up students 31

Contents


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In March 2009, the Government introduced what isknown as Tier 4 of the Points Based System (PBS). Itinvolves a range of new requirements affecting all thoseinternational students who need to obtain immigrationpermission to come to the UK and those institutionswishing to enrol them. In outline this, together with anumber of other changes made since its introductioninclude: a new register of sponsors for which only accreditedinstitutions are eligible

differing levels of status for those on the register wider responsibilities for these sponsors the right for sponsors to issue Confirmations ofAcceptance for Studies (CASs) which studentsrequire as part of their immigration applications

the introduction of an online Sponsor ManagementSystem to authorise and manage the process

a points test for student applicants a total of 40points are required to obtain immigration permissionconsisting of 30 points awarded for holding a validCAS and 10 points awarded for holding sufficientfunds

student immigration permission linked to the sponsor

institution the requirement for sponsors to undertake certainrecord-keeping and reporting duties.

The cumulative impact of this is that whilst therequirements for international students used, ingeneral, to be the concern of a relatively small groupof specialist immigration or welfare staff, there are nowimplications for a much wider range of staff (academic,administrative and managerial) and ultimately forthe institutions sponsor licence, ability to recruitinternational students and reputation.

The purpose of this guide is to provide an overview ofthe UK Immigration Rules relating to students, withparticular focus on Tier 4 of the PBS. Tier 4 is the specificcategory which applies to those who want to enter theUK as students. It is divided into Tier 4 (Child) Students,for those aged 4-17 years, and Tier 4 (General)Students, for those aged 16 or over, who want to studyin the UK. 16 and 17 year olds can be eligible to applyunder either category.

This information is for you if you are a member of staffat an institution which is currently listed on the UK

Border Agencys (UKBAs) Register of Tier 4 sponsors(approved education providers). It is aimed at those whoneed to have an understanding of the key requirementsof Tier 4 in order to introduce policies which adhere tothe regulations but who are not involved in advising

international students directly about their immigrationstatus.

Staff who might find this guide useful include thoseworking in: Senior management International student support Marketing and recruitment Registry services Admissions

Partnerships or exchange offices Academic departments Accommodation Finance Careers offices Student Unions

Those who are involved in advising students directlyabout their immigration permission and in particular Tier4 should refer to the UKCISA Manual for more detailedinformation.

We aim to update this guide as necessary. For the latest

version, please see our website at .

Introduction

UKCISA website members' area

To access the members area of the

UKCISA website at , you need to enter

a username, which is your UKCISA

membership number (D, plus the fourdigits you use when calling the Advice

Line), and a password, which is member

(in lower case).


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The Immigration Act 1971 is the foundation of mostareas of immigration law. Immigration Rules are issuedunder the Immigration Act 1971 by the Secretary ofState for the Home Department. They provide the legalbasis of the Points Based System and of most otherimmigration categories.

The Court of Appeal held on 23 June 2010 that theUK Border Agency acted unlawfully when it usedguidance to introduce changes to criteria affecting

individuals' status and entitlements because thisavoided parliamentary scrutiny. This case (Pankina)was concerned with Tier 1 (Post-Study Work) and therequirement, which was contained only in guidancewhich changed regularly, that funds must be in anapplicants account for a period of three months.However, the court held that it is acceptable for mattersof evidence, for example how applicants should provethat they hold their funds, to be contained in guidanceand not in the Immigration Rules.

A judicial review case brought by English UK whichfollowed soon after, and which was concerned with

the use of guidance to introduce and change minimumlevels of English language courses for Tier 4, wassuccessful on the same grounds as Pankina. On 18July 2012, the Supreme Court developed this principlefurther in the case ofAlvi. It held that "any requirementwhich, if not satisfied, will lead to an application for leaveto enter or to remain being refused is a rule" and somust be laid before Parliament. This includes evidentialrequirements, and resulted in large scale changes to theImmigration Rules on 20 July 2012.

It is, therefore, important to be aware that the primarysource of information you should check is theImmigration Rules. Unfortunately, it often happens thatthe various sets of guidance and the UK Border Agencywebsite are not all updated in line with changes to theImmigration Rules. When this occurs, and we are awareof it, we will highlight such discrepancies and query themwith the UK Border Agency. The general rule in suchcases is that guidance can be more generous than theImmigration Rules but it must never be more restrictivethan the Immigration Rules. Even where the guidance ismore generous, you should be careful as this is often notdeliberate.

Immigration RulesYou can download the Immigration Rules from the UKBorder Agencys website at .

Changes to the Immigration Rules are made viaStatements of Changes which state the date(s) thatany changes come into effect. The Immigration Rulesare updated to incorporate the changes when theycome into force but you can also download specificStatements of Changes from .

We have a complete set of Immigration Rules for Tier

4, including a link to the UK Border Agency's archivedwebsites where you can find older versions of guidancedocuments, at:

GuidanceTier 4 of the Points Based System Policy Guidance forSponsors.

Tier 4 of the Points Based System Policy Guidance(for students)

Tier 4 - Guidance for UKBA caseworkers consideringapplications under Tier 4

Points-Based System Sponsor Management: Guidancefor UKBA compliance officers making sponsor visits

Points-Based System Sponsor Licensing - Applications- Guidance for UKBA staff deciding applications forsponsor licences

Points-Based System Sponsor Licensing - Maintenance- Guidance for UKBA staff dealing with post-licencechanges

Points-Based System Sponsor Licensing HighlyTrusted Sponsors (HTS) - Guidance for UKBA staffdeciding Tier 4 sponsors' applications for Highly Trusted

Sponsor status

Legal context


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Students who want to study for a postgraduatequalification, or carry out research in the UK for morethan six months, in specific disciplines may be requiredto apply for an Academic Technology Approval Scheme(ATAS) clearance certificate. These disciplinesare identified by the JACS code attached to eachpostgraduate course or area of research. Appendix 6of the Immigration Rules lists the JACS codes whichrequire ATAS clearance.

A wider range of courses and subject areas have beensubject to the ATAS requirement since 1 October 2011.This applies to any CAS assigned on or after 1 October2011 for a course that starts or started on or after 1January 2012.

An ATAS clearance certificate is required before animmigration application will be processed by EntryClearance Officers or by UK Border Agency staff in theUK. The only exception is for students who need toapply for more time in order to write up their thesis andtheir current leave was granted before 30 November2007.

An ATAS clearance certificate is also required if astudent changes course or the area of research ormoves to another institution, even if the student does notneed to make an immigration application in order to dothis.

Students who require an ATAS clearance certificatemust apply online to the Foreign and CommonwealthOffice (FCO). They should apply for this well in advanceof submitting an immigration application as althoughthe FCO aims to process applications within 20 days, inpractice this may take much longer particularly at peakperiods. Students can submit applications for an ATASclearance certificate on the basis of a conditional offerof study with personal details and an outline of theirproposed study programme.

Further details are available on the FCO web pages at.

Academic Technology Approval Scheme


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A Biometric Residence Permit (BRP) is an identitycard which states the details of someones immigrationpermission as well as containing their biometrics. Thisidentity card was previously known as the Identity Cardfor Foreign Nationals (ICFN).

Anyone applying for immigration permission under Tier4 is required to give their biometrics. An application willnot be processed until biometrics have been given.Therefore this can cause additional delays in the

processing of immigration applications, particularly atpeak periods when it is difficult to get an appointment.

Students who apply for entry clearance in their homecountry are required to give their biometrics as part ofthe application process but are not issued with a BRP.Entry clearance is issued as a vignette in studentspassports. This is the only evidence of their permissionto enter the UK. Students with entry clearance do notreceive a BRP on arrival in the UK, nor are they requiredto apply for an identity card once in the UK.

Students already in the UK, who are applying for further

immigration permission, should make an appointmentto give their biometrics at one of the biometric enrolmentcentres across the UK. Biometric enrolment is alsoavailable at selected post offices for an additional fee.Details of where these centres are situated are on theUKBA web pages at .

These students are issued with a BRP once their newimmigration permission is granted. This is the onlyevidence of their permission to stay in the UK as theyare not given a vignette or stamp in their passport.

A student whose BRP is lost or stolen must report theloss or theft to the UK Border Agency and, unless thestudent's leave is about to expire, must apply for areplacement BRP. Failure to comply can lead to a fine orrefusal of leave.

Full details of how to apply for a BRP and what to do ifdetails are incorrect or if it is lost or stolen are at :

Biometric Residence Permits


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A Confirmation of Acceptance for Studies (CAS) is aunique electronic reference number which is assignedto a particular student after a record for that student iscreated in the UK Border Agencys (UKBA) SponsorManagement System (SMS) by a designated memberof staff at your institution. For every CAS assigned yourinstitution will be charged a fee, currently 13.

Sponsor duties towards an individual student beginwhen a CAS is assigned to that student.

When applying for a standard Tier 4 sponsor licence,the sponsor must specify the number of Confirmationsof Acceptance for Studies (CASs) that your institutionexpects to allocate within the following 12-monthperiod. This is an estimate of the number of studentsyour institution expects to sponsor during this period,and should include students who need to extend theirimmigration permission (leave) to continue their studieswith your institution as well as students applying forleave to study with you for the first time.

If your institution has Highly Trusted Sponsor status and

it has a current and satisfactory full inspection or audit(educational oversight) by one of the eight UK Border

Agency-approved bodies, it can apply for an increasein the number of CAS that it has been allocated.Your institution can submit this request at any pointthroughout the year but it is advisable to do so in plentyof time as there may be delays in these requests beingprocessed by the UKBA.

If your institution does not have Highly Trusted Sponsorstatus or has not achieved educational oversight byone of these approved bodies, its allocation of CAS willbe limited until it achieves both this sponsor status andeducational oversight. The Tier 4 policy guidance forsponsors has full details of how this "Interim Limit" iscalculated for individual sponsors. There is no provisionfor requesting additional CAS for new or continuingstudents at these "Limited Sponsors".

Note that a B-rated sponsor can assign CASs only tostudents who need to make an immigration applicationin order to complete a course with them. They cannotassign CASs to students who want to start a new coursewith them.

Who can issue a CAS?When submitting a Tier 4 sponsor licence application,your institution is required to nominate specific staffwithin the institution to be approved as level 1 andlevel 2 users. Once your institution has been granted

a standard sponsor licence, the approved level 1 andlevel 2 users are able to access the SMS. It is possible torequest that additional level 1 and level 2 users be givenaccess to the SMS at any time. Approval for new level 1users usually takes longer than for level 2 users.

When accessing the SMS, level 1 users have higherpermission levels than level 2 users. This means thatlevel 1 users can perform additional tasks within theSMS. Level 1 users can request additional level 1 or

level 2 users to be granted access, they can request anincrease in your institutions CAS allocation and theycan access the bulk data functionality, if your studentrecords system is compatible with this.

All users can assign a new CAS. However, if anyamendments are required after the CAS has beenissued, for example, withdrawing the CAS, adding alatest enrolment date or additional fees a student haspaid, level 2 users can access only those CASs thatthey themselves have assigned. On the other hand,level 1 users are able to access and amend all CASsirrespective of which users generated them in the first

place. The same restrictions apply when reportingstudents via the SMS.

Before assigning a CASWhen issuing a CAS, your institution is confirming tothe UKBA that the student has met all the requirementsto study a particular course and that the sponsor issatisfied, as far as is reasonably possible, that theapplicant intends to study the course. However it ispossible, and allowed by the UKBA, for students to holdmore than one CAS from different institutions.

As a Tier 4 sponsor, your institution is required to reportall students who have been issued a CAS by yourinstitution and who fail to enrol or later withdraw fromthe course (see Reporting for further details). Suchnon-enrolments and/or withdrawals will affect yourinstitutions ability to meet the criteria required to obtain,or maintain, Highly Trusted Sponsor status. Therefore,a CAS should only be issued to a student who has metall of the academic entry requirements for the course,holds an unconditional offer from your institution andhas accepted this offer of study.

From 30 July 2012, entry clearance officers can requireTier 4 (General) student applicants to attend interviewsor to conduct interviews by telephone to in order toassess whether they are "genuine students", ie theiyintend and are able to undertake the course for whichthey have been assigned a CAS. "Low risk" nationals

Confirmations of Acceptance for Studies


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are exempt (see Appendix H of the Immigration Rulesfor the list of qualifying nationals).

If students are refused leave because they have notpersuaded an entry clearance officer that they are"genuine students", the refusal will not be counted whencalculating refusal percentages for a Highly TrustedSponsor status application, but this is a transitionalmeasure only and could cause concerns on the partof the UK Border Agency about a Tier 4 sponsor'srecruitment methods.

Academic progress

It is important that before assigning a Tier 4 (General)CAS, whether to current or to new students, yourinstitution considers whether this applicationrepresents academic progress for the student. This

must be considered in every case where a studenthas previously studied with Tier 4 (General) and/orleave under the 'old' student rules. In most situations,academic progress must be confirmed on the CAS.

Since 20 July 2012, "academic progress" has beendefined in the Immigration Rules (Appendix A paragraph120A(b)) as:

For a course to represent academic progress fromprevious study, the course must:

(i) be above the level of the previous course for which the

applicant was granted leave as a Tier 4 (General) Studentor as a Student, or

(ii) involve further study at the same level, which the Tier4 Sponsor confirms as complementing the previous

course for which the applicant was granted leave as aTier 4 (General) Student or as a Student.

In relation to further study at the same level, the Tier 4policy guidance for sponsors provides the example ofa student who completes a taught Master's course andwho then wants to take an MBA or a research Master's.

The Tier 4 policy guidance for sponsors also providesas a concession that moving to a lower level course canbe acceptable but must be fully explained and should bean exception. Failure to make a statement of academicprogress when it is required leads to refusal of HTSstatus.

The exceptions to the requirement to confirm academicprogress on a CAS are when the student is applying forTier 4 (General) leave: and the student has not previously studied in theUK with Tier 4 (General) or pre-Tier 4 student leave

(Immigration Rules Appendix A paragraph 120A - notethat this is not included in the Modernised guidanceon Tier 4 for UKBA caseworkers)

to re-sit an exam or to repeat a module (ImmigrationRules Appendix A paragraph 120A)

to move for the first time in order to complete a coursestarted at a different institution (Immigration Rules

Appendix A paragraph 120A) to continue a course at the same institution (Tier 4policy guidance for sponsors - note that this is notincluded in the Modernised guidance on Tier 4 forUKBA caseworkers)

and the new course is an "obvious step up" from theprevious course (Tier 4 policy guidance for sponsors- note that the Modernised guidance for UKBAcaseworkers provides four specific scenarios and notas examples, ie the new NQF, QCF or SCQF level ishigher than the previous one, the student is movingfrom A levels to a degree, from a Bachelor's degree toa Master's course or from a pre-sessional course to amain course).

Time limits on Tier 4 studyAs well as deciding whether the course meets the Tier4 requirements, it represents academic progress for astudent and the student is able and likely to complete it,sponsors must also assess whether leave requestednow will lead to the student exceeding the three-yearlimit on courses below degree level or the five-yearcap on courses at degree level. For more informationabout how to calculate these caps, see Courses yourinstitution can offer Tier 4 students.

Using the SMSThe sponsor management system (SMS) was originallydesigned for use by the employment sector and hasbeen modified for use by sponsors in the educationsector since the introduction of the SMS under Tier 4 inOctober 2009. A number of amendments were made tothe SMS on 6 April 2012. For details of these changes toCAS fields, see the UKBA document, "Reference DataValues for New CAS Fields Valid from 6 April 2012" at:

The UKBA has published a document entitled SponsorManagement System User Manual for Tier 4 whichis available to download from its website at . Thisprovides guidance on using the SMS.

Specific guidance on how to complete a CAS iscontained in the UK Border Agency documentSponsor Management System (SMS): Confirmationof Acceptance for Studies (CAS) : sponsor helpdocument. This is available at .


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CAS statementA CAS statement should contain the CAS referencenumber and all the relevant information that is containedwithin the CAS about the course, the student, the

qualifications on which the offer is based and financialinformation. This is not a mandatory document but it is auseful means of providing each student with the relevantinformation that has been input into the SMS. Studentsdo not need to include this document with the Tier 4immigration application but they do need to know thesedetails when completing the application form. The CASstatement does not have to be in any particular formatso it can be a hard copy letter, an email, a pdf or a fax.

When applying for immigration permission, moststudents are required to submit the original certificatesand qualifications that you have used to assess theiracademic suitability for study. You must include allrelevant qualifications in the SMS and list them in theCAS statement so that the student is aware of whichdocuments to include with the immigration application.

Since 4 July 2011, "low risk nationals" studying witha Highly Trusted Sponsor who apply for leave in thecountry or their nationality or in the UK have not beenrequired to provide evidence of their qualifications, butthey must still be able to provide evidence if the UKBAasks them for it. The list of "low risk nationals" is in

Appendix H of the Immigration Rules at

Validity of a CASA CAS is valid for six months from the date of issue.However, students cannot submit applications forimmigration permission more than three months prior tothe start date of the course, as stated in the CAS.

If a CAS expires whilst an application is pending with theUK Border Agency, the CAS remains valid as long as the

application was submitted before the CAS expired. TheTier 4 guidance for UKBA caseworkers confirms that theapplication should be processed in the normal way.

Students who need to extend their stay in the UK tocomplete a course with you can submit their immigrationapplication at any time as the actual course start datehas passed. For continuing students, guidance statesthat the course start date included in the CAS is the dayafter their current leave expires. However, it is importantthat you also include the actual start date of the course inone of the free text fields. We have heard that studentswho apply more than three months before their current

leave expires have been refused on the grounds thatthey must not apply more than three months before thestart date of their course, even though their course hasalready started. This appears to be an incorrect refusalbut, in order to avoid such problems, the institution might

consider using an earlier date as the start date on theCAS or advising students to wait, if possible, until theyare within three months of their current leave expiringbefore they apply,

Note that a CAS can in most cases only be submittedonce as part of an immigration application. Any studentwho has an immigration application refused, and whowants to submit a new immigration application in orderto study at your institution, will require a new CAS. Thisis because once an immigration application has beenprocessed (irrespective of the decision) the CAS will bemarked as USED within the SMS. There is, however,an exception, for leave to remain applications made inthe UK which are withdrawn by the student or rejectedby the UKBA as being invalid. In these cases, the CASshould not be marked as USED and can be used again

as long as it has not yet expired and all details are stillcorrect.

Students holding multiple CASs must decide which CASto use when submitting an immigration application, andthey must intend to study at the institution which hasissued this CAS. Once an immigration application hasbeen processed, all other CASs attached to a specificstudent will be marked as OBSOLETE within the SMS.

A student who holds a valid CAS and who has providedthe original certificates of all qualifications listed in theCAS (f required), will be granted 30 points under Tier

4. 40 points are required for immigration permission tobe granted under Tier 4 of PBS and students receivean additional 10 points if they have sufficient funds (seeFinances evidence of money paid for details).



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Tier 4 students are allowed to study only specified typesof course, which are described below.

However, they are also allowed to undertakesupplementary studies provided they continue to studythe course for which their Tier 4 immigration permissionwas granted. This includes part-time courses whichrun concurrently with the main course of study.Supplementary study can be at any level and with anymode of delivery or attendance. Although it is not clear

in the Immigration Rules or in the Tier 4 policy guidancefor sponsors, the UK Border Agency has confirmed in anemail from Beth Fox dated 9 July 2012 that:"It is not possible for students in the grace period at theend of their visa to undertake supplementary study. Thisis because at this stage, there is no course for it to besupplemental to."

Tier 4 (General) coursesThe courses your institution can offer Tier 4 (General)Students are restricted to those specified in paragraph120 of Appendix A of the Immigration Rules. With the

exception of pre-sessional courses, students mustbe studying towards an approved qualification asdefined in sponsor guidance published by the UnitedKingdom Border Agency. These qualifications includerecognised degrees, qualifications on the NationalDatabase of Accredited Qualifications and qualificationsaccredited by the Scottish Qualifications Authority.

The minimum level of course your institution can offerTier 4 (General) Students depends on whether it hasHighly Trusted Sponsor status. Highly Trusted Sponsorstatus makes no difference to English languagecourses, courses at degree level and periods of study in

the UK as part of a degree-level qualification in anothercountry. However, it does affect the minimum level ofcourses below degree level and whether those coursescan include work placements.

Your institution can offer the following courses to Tier4 (General) Students; but B-rated sponsors can offerthese courses only to their current students:

Courses at degree level (NQF level 6 / SCQF level 9

or above) Must be full-time courses.

Can include work placements as long as workplacements are assessed and take up no more than50% of the total course in the UK, unless there is astatutory requirement for longer time on placements,for example, PGCE or PGDE courses. If your

institution is neither a recognised body nor in receiptof funding as a higher education institution (an "HEI")and the student applies for leave on or after 6 April2012, the time on work placements is restricted toone third of the total course, unless there is a statutoryrequirement for a longer period.

Students cannot spend more than five yearswith Tier 4 (General) Student and/or pre-Tier 4student leave taking degree level courses unlessan exception applies.The following courses

are excepted: architecture; medicine; dentistry;veterinary medicine and science; specified vocationalpostgraduate law qualifications following completionof a course at degree level in the UK; music studiedat a Conservatoire; degrees at doctorate level. TheImmigration Rules refer only to PhDs but since 13December 2012 the Tier 4 policy guidance has listedother exempt postgraduate research qualifications.Time spent as a Student Union sabbatical officer oras a postgraduate doctor or dentist is not included.If a student's previously completed degree-levelcourse was four academic years or longer (notincluding additional time spent resitting examinations

or retaking modules), the limit is six, not five, years.If a student has completed a specified postgraduateresearch qualification in the UK, the limit is eight yearsincluding time spent on otherwise excepted courses.

Period of study in the UK as part of a degree-level

course in another country No requirements for the UK study. Can include work placements as long as workplacements are assessed and take up no more than50% of the total course in the UK, unless there is astatutory requirement for longer time on placements,

for example, PGCE or PGDE courses. If yourinstitution is not an "overseas higher educationinstitution", a recognised body or in receipt of fundingas a higher education institution (an "HEI") and thestudent applies for leave on or after 6 April 2012,the time on work placements is restricted to onethird of the total course, unless there is a statutoryrequirement for a longer period.

English language courses In all cases, the course must consist of a minimumof 15 hours a week of organised daytime study, ieclasses between 8 am and 6 pm Monday-Friday.

Minimum level of Common European Framework ofReference for Languages (CEFR) level B2.

Students cannot spend more than three years asa Tier 4 (General) Student aged 18 or over taking

Courses your institution can offer Tier 4

students


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courses below degree level, including Englishlanguage courses.

Other courses below degree level Highly Trusted

Sponsors only Must consist of a minimum of 15 hours a week oforganised daytime study, ie classes between 8amand 6pm Monday-Friday.

Students cannot spend more than three years asa Tier 4 (General) Student aged 18 or over takingcourses below degree level.

Minimum level of NQF level 3 / SCQF level 6. Can include work placements as long as work

placements are assessed and take up no more thanone third (50% if the student applied for leave before6 April 2012) of the total course, unless there is astatutory requirement for longer time on placements.

Other courses below degree level A-rated and

B-rated sponsors Must consist of a minimum of 15 hours a week oforganised daytime study, ie classes between 8amand 6pm Monday-Friday.

Students cannot spend more than three years asa Tier 4 (General) Student aged 18 or over takingcourses below degree level.

Minimum level of NQF level 4 / SCQF level 7. Must not include work placements if the studentapplied for leave on or after 6 April 2012.

Students who applied for their leave before changes tothe Immigration Rules can sometimes study courses atlower levels or undertake work placements when thatwould not normally be permitted. Check the the Tier 4policy guidance for sponsors for details.

Calculating the five-year period of study on

courses at degree levelThe UK Border Agency will not grant leave if thisresults in a student having leave as a Tier 4 (General)student and/or a pre-Tier 4 student to study courses

at degree level for a period of more than five years intotal (more than six years if the student has previouslycompleted a degree-level course that is at least fouracademic years long and more than eight years if thestudent has already completed a PhD or other specifiedpostgraduate research qualification in the UK).

Some courses are excepted (see above for details).

Time spent or that will be spent on these exceptedcourses is not counted when calculating the period oftime a student will have with Tier 4 (General) and/or pre-Tier 4 leave, unless the student has already completed

a specified postgraduate research qualification in theUK. The Immigration Rules provide this exception onlyif the student is now applying for leave to study one ofthese courses but since 13 December 2012 the policyguidance has stated that time spent on such courses is

exempt, regardless of when it was studied. The periodsof leave before the course start date and after the courseend date are also ignored when calculating this period.However, time spent resitting examinations and retakingmodules are included.

Time spent with Tier 4 (General) leave during adeferral of study will be counted unless studentspresent evidence of compassionate and compellingcircumstances (serious illness and disabilityare mentioned in the Tier 4 guidance for UKBAcaseworkers). The Immigration Rules do not obligecaseworkers to disregard periods of time outside theUK, so this should be relied on only if leave is curtailed.

The Tier 4 policy guidance provides examples ofacceptable and unacceptable combinations of study.

The Tier 4 policy guidance does not explain the eight-year cap for those who have completed a postgraduateresearch qualification very clearly or accurately. Alwaysrefer instead to paragraphs 245ZV(gb) and 245ZX(hb)of the Immigration Rules, which say that if the applicanthas completed a course leading to the award of a PhDin the UK, the grant of leave the applicant is seekingmust not lead to the applicant having spent more thaneight years in the UK with Tier 4 (General) or studentleave.

Calculating the three-year period of study on

courses below degree levelThe UK Border Agency will not grant leave if this resultsin a student having leave as a Tier 4 (General) studentto study courses below degree level for a period of morethan three years in total.

Time spent studying under the Rules that precededTier 4, with any other type of immigration permission,with Tier 4 (Child) leave up to age 18 and withTier 4(General) leave up to age 18 is not counted.

Additional time granted before the start and after the end

of studies is not counted as part of the three-year total.

There is nothing to suggest that time spent not studying,even outside the UK, will not be counted.

Use of the Student Visitor route can be helpful inovercoming potential problems with this three-year cap.

Courses for Tier 4 (Child) StudentsIf your institution has a Tier 4 sponsor licence whichallows it to issue Confirmations of Acceptance forStudies (CASs) under the Immigration Rules for Tier4 (Child) Student, it can offer courses at any level toTier 4 (Child) Students. The Immigration Rules provide(in Appendix A paragraph 126) that courses yourinstitution offers to Tier 4 (Child) Students must betaught in accordance with the National Curriculum or


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with the National Qualifications Framework (NQF), orbe accepted as being of equivalent academic status tothe National Curriculum or to the NQF by the relevantinspection body in your part of the UK, or as requiredby prevailing independent school education inspectionstandards.

Unlike the equivalent requirements for Tier 4 (General)Students, the Immigration Rules make no specificprovision for English language courses. However, theTier 4 policy guidance and the Tier 4 policy guidancefor sponsors state that students aged 16 or 17 mustapply as Tier 4 (General) Students if they want to studyEnglish language and so must study at CEFR level B2or above. The only exception to this is where the studentcan be assigned one CAS to study a pre-sessionalcourse, that can be an English language course,

followed by a main course at an independent school(see Pre-sessional courses below).

An amendment to the Immigration Rules of 21 April2011 means that Tier 4 (General) Students can nowapply in the UK to 'switch' to Tier 4 (Child) Student. Thismeans it can be possible for a student aged 16 or 17 tostudy English as a Tier 4 (General) Student and thenapply to stay for a different course as a Tier 4 (Child)Student.

Usually, your institution can assign Tier 4 (Child) StudentCASs only if its students are under 18 years old on the

date on which they make their immigration application(see the Tier 4 policy guidance for information aboutthis). However, the UK Border Agency has a specialarrangement for 18- and 19-year olds following theextension on 6 April 2010 of the maximum leave thatcan be granted to Tier 4 (Child) Students aged 16 or 17from two years to three. This means that 18 and 19-yearolds can apply under Tier 4 (Child) Student if they meetall the following requirements. They must: have last applied for immigration permission (leave)before 6 April 2010

have been granted under three years leave last time

they applied currently be studying in the UK have immigration permission granted under Tier 4(Child) Student or under the Immigration Rules forstudents which were in force before 31 March 2009and which was granted when the student was under18 years old.

In these cases, your institution can issue a Tier 4 (Child)Student CAS to 18- and 19-year olds and the studentswill be granted leave for a period of three years minustheir current leave. This arrangement applies only to 18-and 19-year olds. It is not in the Immigration Rules and

details are in Appendix A of the Tier 4 policy guidance.

Pre-sessional courses

A pre-sessional course is defined in the ImmigrationRules as "a course which prepares a student for thestudent's main course of study in the UK".

Pre-sessional courses must meet the samerequirements as other courses at the same level,although they need not lead to an "approvedqualification".

An institution can assign a CAS for a pre-sesssionalcourse if the study will take place on its premises or ifa 'partner institution' named as a branch on itsTier 4sponsor licence provides the course.

As an exception to the general rule that Tier 4sponsors can assign a CAS for only one course at atime, it is possible to assign one CAS for both a pre-

sessional and a main course, but only in very specificcircumstances.

The Tier 4 sponsor must be a recognised body or abody in receipt of public funding as a higher educationinstitution (see English language testing for details)and the student must have an unconditional offer ofa place on a degree-level course, preceded by a pre-sessional course that is no longer than three months.The gap between the end of the pre-sessional courseand the start of the main degree-level course with thesame Tier 4 sponsor must be no more than one month.The pre-sessional course can be provided by a 'partner

institution' if the CAS is assigned by the Tier 4 sponsorproviding the main course.

Since 13 December 2012, the Tier 4 policy guidancehas stated that one CAS can be assigned even if theoffer for the main course is conditional on the studentachieving English at B2. The sponsor guidance statesthat the offer for the main course must be unconditionalbut also adds that if a student fails to reach Englishat B2 the sponsor must report this to the UKBA. Thisconcession is not clear so reliance on it entails risk.

Alternatively, the student must have or must applyfor leave as a Tier 4 (Child) Student to study the maincourse at an independent school. The length of leaveof the pre-sessional course plus the main coursemust not exceed the total length of leave that Tier 4(Child) Student can be granted. Information about themaximum length of leave for Tier 4 (Child) Students isin the Immigration Rules, the Tier 4 policy guidance andthe Tier 4 policy guidance for sponsors.

In all other cases, the student must be assigned oneCAS for the pre-sessional course and, after the student

has used that CAS in an immigration application, aseparate CAS for the main course. The student has tomake two applications.


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The requirement to test most Tier 4 (General) Studentslevel of English, even if they are not studying Englishlanguage courses, was introduced on 3 March 2010through the Tier 4 policy guidance for sponsors. It wasthen incorporated into the Immigration Rules (Appendix

A paragraph 118) from 12 August 2010.

Until 12 August 2010, Tier 4 sponsors could choosetheir own method of assessing English language ability.From 12 August 2010, this changed in some casesso that only specified English language tests could beused and cited as a qualification on the Confirmation of

Acceptance for Studies (CAS). On 21 April 2011, theserequirements were again amended. In most cases,only specified, UK Border Agency-approved Englishlanguage tests (Secure English Language Tests orSELTs), can be used to assess English levels. Thesetests are listed in Appendix O of the Immigration Rules.

Students whose English must be tested are in mostcases required to provide the relevant documents,in translation if necessary, with their immigrationapplication. Since 4 July 2011, "low risk nationals"

studying with a Highly Trusted Sponsor who apply forleave in the country or their nationality or in the UKhave not been required to provide evidence of theirqualifications, but they must still be able to provideevidence if the UKBA asks them for it. The list of "low risknationals" is in Appendix H of the Immigration Rules at

No English test requiredIn all of the following cases, your institution is not

required to have tested the students English languageskills although for academic reasons it might choose toand include those qualifications in the CAS. Student is applying as a Tier 4 (Child) Student. Student is a national of a majority-English speakingcountry (student's passport acts as evidence):

Antigua and Barbuda Australia The Bahamas Barbados Belize Canada Dominica Grenada Guyana Jamaica New Zealand St Kitts and Nevis St Lucia St Vincent and theGrenadines Trinidad and Tobago United Statesof America.

Student has an academic (not a professional or

vocational) qualification, which is deemed by UKNARIC to meet or exceed a recognised standardof a Bachelors or Masters degree or a PhD in theUK, from an educational establishment in one of thefollowing countries (students qualification must be

listed on the CAS and student must provide certificateas evidence):

Antigua and Barbuda Australia The Bahamas Barbados Belize Dominica Grenada Guyana Ireland Jamaica New Zealand St Kitts and Nevis St Lucia St Vincent andthe Grenadines Trinidad and Tobago UK United States of America. The Tier 4 policy guidanceand policy guidance for sponsors say that thequalification must have been taught in one of thesecountries, whereas the Immigration Rules say that thestudent must have a qualification from an institution inone of these countries. Currently, the UKBA does notacknowledge that there is a difference between theseforms of wording and caseworkers are likely to applythe provision in the guidance.

Student successfully completed course at least sixmonths long with Tier 4 (Child) Student leave or withleave under the old student Rules granted whenstudent was under 18, and the course was completedwithin two years of the CAS for this course beingassigned. Details of this course must be provided onthe CAS and the student must provide the certificate

as evidence.

English test requiredIf the student does not fall into one of the groupsdescribed above, the students English languagelevel must be assessed. This includes students whoare applying for leave to continue a course at yourinstitution.

If the student is applying to study an English languagecourse or any other course below degree level (NQFlevels 3, 4 or 5/SCQF levels 6, 7 or 8), the students

English must be at CEFR level B1 or above. Thisincludes pre-sessional courses that are below degreelevel, regardless of the level of course which followscompletion of the pre-sessional course. Where thecourse is below degree level, the institution must use aUKBA-approved Secure English Language Test (SELT).The student's English must be at level B1 or above in allcomponents of the test.

If the student is applying to study at degree level(NQF level 6/SCQF level 9 or above), the studentsEnglish must be at CEFR level B2 or above in all fourcomponents (reading, writing, speaking and listening).

However, the way in which your institution is required totest it varies.

If your institution is a recognised body or a body inreceipt of funding as a higher education institution

English language testing


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from the Department for Employment and Learning inNorthern Ireland, the Higher Education Funding Councilfor England, the Higher Education Funding Council forWales or the Scottish Funding Council (an "HEI"), youcan choose how to assess students English.

If your institution is an "HEI", and you can assign oneCAS to a student for both a pre-sessional course anda main course at degree level (see Courses yourinstitution can offer Tier 4 students for details), thestudent's English can be at level B1 but it must beassessed by means of a SELT if the CAS is assignedon or after 6 April 2012. This concession is not includedin the Tier 4 policy guidance for sponsors or in the Tier4 guidance for UKBA caseworkers. Beth Fox of theUKBA Sponsor Operational Policy team explained theprovision in an e-mail dated 15 June 2012:

"the student must have a B1 SELT (in all fourcomponents) at the time you assign the CAS. The

student must then reach B2 (in all four components)prior to the commencement of the degree course. The

HEI may make its own assessment of B2 competencyrather than relying on a SELT for the degree course. If the

student does not achieve B2 before the commencementof the degree course then the student cannot continueand the sponsor must report this via the Sponsorship

Management System".

If your institution is neither a recognised body nor a

body in receipt of funding from one of the bodies listedabove, you must use a Secure English Language Test toassess English at level B2 or above.

The UKBA has provided clarification of how it defines abody in receipt of public funding and its list of approvedEnglish tests at.

Details of how to confirm English language assessmenton a CAS are contained in the UK Border Agency's

document, Using the sponsor management system(SMS): confirmation of acceptance for studies (CAS) at:.

Entry clearance officers and border force officers havethe power to interview Tier 4 (General) applicantswithout an interpreter in order to assess whether theirEnglish is at the level described on the Confirmationof Acceptance for Studies. They should not conductan English language test, but if they consider that thestudent's English does not meet the required standard,they can refuse to grant the student leave to enter the

UK. Such a refusal is included in calculations of refusalpercentages when a Tier 4 sponsor applies for or torenew Highly Trusted Sponsor status.


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All institutions listed on the Register of Tier 4 sponsorscan enrol: anyone currently in the UK on student leave whichwas applied for prior to 31 March 2009 and grantedunder the old Rules

anyone with current leave under Tier 4 that wasgranted on the basis of a Visa Letter or CAS issued byyour institution

students with current leave under Tier 4 that wasgranted on the basis of a visa letter or CAS issued by

a different institution, provided they can show proof ofhaving contacted the UKBA (by email before 21 April2011 or by making a paid application on or after 21

April 2011) to request permission to change institutionIF the student applied for the current entry clearanceor leave to remain before 5 October 2009

Student Visitors Child Visitors Prospective Students those with current leave under Tiers1, 2 or 5 dependants in the UK under any immigration category anyone with current immigration permission underany other immigration category except those granted

leave on or after 6 September 2012 as a GeneralVisitor, Business Visitor (this includes AcademicVisitors), Sports Visitor, Entertainer Visitor, Visitor inTransit, Visitor for Private Medical Treatment, Parentof a Child at School, Marriage or Civil Partner Visitor,

ADS Visitor, Prospective Entrepreneur, PermittedPaid Engagement Visitor, PLAB test migrant orClinical Attachment or Dental Observer. They aresubject to a prohibition on study.

Highly Trusted Sponsors (HTS), and no other Tier 4sponsors, can ALSO enrol anyone with current leaveunder Tier 4 that was granted on the basis of a visaletter or CAS issued by a different institution whilst anapplication for new leave to remain to study at yourinstitution is pending with the UKBA, even if the currententry clearance or leave to remain was granted on thebasis of an application submitted on or after 5 October2009. The Immigration Rules require students to submitthis application before their current leave expires.Institutions should ask for proof that students havemade such an application before allowing them to enrol.Tier 4 students who have not applied before or shortlyafter enrolling have had their later applications refusedand any extant leave curtailed.

Students who plan to change institutions after timespent out of the UK should be advised to apply for leavefor the new institution before leaving the UK, if possible,or before re-entering the UK. Failure to do this can lead

to refusals on entry, although Border Force Officershave been instructed that students who are about tostart a course with a new Tier 4 sponsor that has HTSstatus can apply in the UK and start the course beforereceiving a decision from the UKBA.

Institutions can enrol any migrant whose leave doesnot include a restriction on studying and registered Tier4 sponsors are not contravening any laws by enrollingthem. In practice, this covers most migrants with the

exception of some Tier 4 students whose leave is tied toa different Tier 4 sponsor.

As a Tier 4 sponsor, you will not be doing anything wrongby enrolling migrants whose leave to enter or remainwas not granted under Tier 4. However, you shouldensure that appropriate immigration advice is offeredto these students before they enrol. Such studentsmay risk their current immigration status, particularlyif undertaking study might undermine the purpose forwhich their leave was granted. Furthermore, they mighthave difficulties extending leave to finish a course thatcontinues beyond the end of their current leave.

Institutions should ensure that migrants provideevidence of their current immigration status beforeallowing them to enrol on a course of study. This canconsist of correspondence from the UK Border Agencyif an application is still pending. Institutions should keepcopies of any evidence.

It is good practice to ensure that all non-Tier 4 studentsare given contact details for an immigration adviser atyour institution or Students Union so that they have thechance to discuss their situation before enrolling.

Those wishing to enrol who do not have leave to enter orremain covering the full duration of the course do so attheir own risk; leave might not be extended (even if theyare allowed to make an in-country extension application)and students returning home to apply for fresh entryclearance as a Tier 4 student might be refused. Studentscould face disruption to their studies and any tuition feesalready paid could be lost.

Tier 4 students are allowed to undertake supplementarystudies provided they continue to study the course forwhich their Tier 4 immigration permission was granted.

This includes part-time courses which run concurrentlywith the main course of study. You might want to seeevidence that students are taking their main course atthe institution to which their immigration permission tiesthem.

Enrolment


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OverstayersSome students might have no immigration permissionto be in the UK. Usually, they have forgotten to apply toextend their leave before their previous leave expired, or

they might not have been able to meet the requirementsto make a successful application but did not leave theUK. Other students apply to extend their leave beforetheir previous leave expires, but their applications arerejected as invalid or refused.

Some Tier 4 sponsors have developed policies thatprevent all overstayers from studying with them becausesuch students potentially jeopardise their sponsorlicence. In such cases, it is important that students'terms and conditions make this clear as suspensionin the middle of a course can lead to severe disruptionof study. Other Tier 4 sponsors have different policiesdepending on students' individual circumstances.Since 13 December 2012, the Tier 4 policy guidance forsponsors has made it clear that a CAS can be assignedto an overstayer but provides no guidance about studyduring this period of overstay.

However students are or become overstayers andwhatever your institution's policies towards them are,it is important to be clear about who is an overstayerand the immigration consequences of overstaying. TheImmigration Rules (paragraph 6) define 'overstaying'.From 9 July 2012, the definition is:

Overstayed or Overstaying means the applicant has

stayed in the UK beyond the latest of:(i) the time limit attached to the last period of leave

granted, or(ii) beyond the period that his leave was extended undersections 3C or 3D of the Immigration Act 1971, or

(iii) the date that an applicant receives the notice ofinvalidity declaring that an application for leave to remain

is not a valid application, provided the application wassubmitted before the time limit attached to the last periodof leave expired.

Staying beyond a time limitStudents who do not apply to extend their leave beforetheir previous leave expires are overstayers fromthe date on which their previous leave expires. Theyremain overstayers until they leave the UK or untilthey are granted leave to remain in the UK. Making animmigration application does not 'stop' the overstayingperiod. The Immigration Rules allow overstayers toapply under Tier 4 but they have no right of appealagainst a refusal and are in the UK unlawfully pendingthe decision.

Applications for leave to remain that otherwise meet therelevant requirements will be granted if the student hasoverstayed for 28 days or fewer. Applications from thosewho have overstayed for more than 28 days are verylikely to be refused, with no right of appeal. Those who

go home will be able to apply for entry clearance if theyhave overstayed for 90 days or fewer. Those who haveoverstayed for more than 90 days will face refusals for a12-month period.

Those who are studying without leave when theyapply to extend their leave could be refused as being"in breach of immigration laws". We are awaitingclarification from the UK Border Agency on this point.

Staying beyond the end of section 3C or 3D leave

Sections 3C and 3D of the Immigration Act 1971 ensurethat those who apply to extend their leave before theirprevious leave expires but who are still waiting fora decision when that leave expires do not becomeoverstayers. When their previous leave expires, theyremain in the UK lawfully until they receive a decision or

until any appeal against a refusal is concluded.

During this time, their original conditions are extended,so they are still 'tied' to the Tier 4 sponsor for which theiroriginal leave was granted. Those who need to changesponsor in order to start a new course are permitted tostart study with a Highly Trusted Sponsor not only beforetheir new Tier 4 application is decided but also until anyappeal against a refusal of that leave is concluded.

Section 3C leave covers those who apply in time toextend leave. Section 3D leave applies to those whoseleave is revoked, or is varied leaving the applicant with

no leave. It is not possible to make a fresh applicationduring section 3C or section 3D leave, but it cansometimes be possible to apply to vary an outstandingapplication or appeal.

If leave is refused and not appealed against or if anappeal is unsuccessful and is not appealed againstfurther, students become overstayers after the expiry ofany deadline for appealing. From this point, the sameprovisions apply as for those who stay beyond a timelimit (see above).

Staying beyond receipt of notice of invalidityIf an immigration application is rejected as invalid, it isnot considered substantively and there is no right ofappeal against the rejection. If students still have leave,they can apply again without becoming an overstayer.If their original leave has expired while the applicationwas with the UKBA, and their application is rejected onor after 9 July 2012, they become overstayers on thedate on which they are notified that their application isinvalid. This is deemed to be the second day after it wasposted excluding any days that are not business days, ieweekends, bank holidays, 25 December or Good Friday.

From that date, or from when their original leave expiredif they applied after that date or if their application wasrejected before 9 July 2012, the same provisions applyas for those who stay beyond a time limit (see above).


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In order to be granted Tier 4 immigration permission,students must obtain a total of 40 points. Studentsare awarded 30 points for holding a valid CAS (seeConfirmations of Acceptance for Studies for details)and a further 10 points for having sufficient funds.

Most students applying under Tier 4 are required toprovide evidence that they have the funds available tocover their tuition fees for the first or next year of theirstudy (or entire course, if less than a year), plus their

maintenance costs.

Since 4 July 2011, "low risk nationals" studying witha Highly Trusted Sponsor who apply for leave in thecountry or their nationality or in the UK have not beenrequired to provide evidence of their funds, but theymust still meet the immigration requirements relating tofunds and be able to provide evidence if the UKBA asksthem for it. The list of "low risk nationals" is in Appendix Hof the Immigration Rules at

The Immigration Rules and corresponding guidanceclearly state the amount of money that Tier 4 applicantsmust show in order to meet the maintenancerequirements, and for how long they must have held thismoney. This will vary according to a students place ofstudy and proposed length of study.

As the Tier 4 sponsor, you must include the tuition feesfor the first or next year of study (or entire course, ifless than a year) that students are required to pay intheir Confirmation of Acceptance for Studies (CAS). Ifstudents have already paid all or part of the tuition fees,you can include details of this in the CAS. Alternatively,you can choose to provide the students with a receipt forall money paid to your institution. The receipt must meetthe UKBA requirements outlined in Appendix C of theImmigration Rules and in the Tier 4 policy guidance.

If students have paid money to your institution for theiraccommodation, this can also be stated in the CAS.If not, then you will need to issue the students with areceipt with meets the UKBA requirements outlined inthe Immigration Rules and in the policy guidance.

Any money already paid to your institution to cover

tuition fees which is included in students CASs orevidenced by a receipt will then be deducted from theamount of money that students must show as availableto them. This also applies to money paid towards Tier4 sponsor-arranged accommodation but since 6 April

2012, the maximum sum that will be deducted from thetotal sum for maintenance is 1000, even if studentshave paid more than this. It is important that studentsknow whether any money paid towards tuition feesand accommodation has been included in the CAS or ifthey will need to include a receipt with their immigrationapplication.

Under the previous immigration system, studentswere required to prove they had access to adequate

resources not just for the first year but, if longer, for theentire duration of their time in the UK. Whilst it is not arequirement of the Points Based System, your institutioncan choose to request further assurance from studentsthat they do have sufficient funds for their entire studiesin order to avoid the possibility of students having todrop out before their courses end because of a lack offunds.

Students must sign a declaration in the application formconfirming that their funds will remain available to themunless spent on tuition fees and living costs in the UK.

Details of how to confirm outstanding and paid fees andaccommodation expenses on a CAS are containedin the UK Border Agency's document, Using thesponsor management system (SMS): confirmation ofacceptance for studies (CAS) at:.

Finances evidence of money paid


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All Tier 4 sponsors must have or be working towardsHighly Trusted Sponsor (HTS) status in order to sponsorTier 4 students. There is an exception for institutions thatobtained their Tier 4 sponsor licence within the previous12 months.

Tier 4 sponsors, except higher education institutionsbased overseas, the Foundation Programme Office andthe Yorkshire and Humber Strategic Health Authority,must meet the UK Border Agency's educational

oversight requirements, that were amended on 21 April2011. Institutions, including those that already haveHighly Trusted Sponsor status, must have "a currentand satisfactory full inspection, review or audit" by oneof the eight UKBA-approved bodies that are listed in theTier 4 policy guidance for sponsors. The deadline forobtaining the appropriate educational oversight is theend of 2012.

A successful application for a Tier 4 sponsor licenceresults in the grant of A-rated or Highly Trusted Sponsorstatus. B-rated licences are no longer awarded.

If an institution is given A-rated sponsor status, it mustapply for Highly Trusted Sponsor status after a period of12 months. It can apply for HTS up to one month beforethe end of this 12-month period.

A-rated independent schools were automatically givenHTS status for a period of one year from April 2011.They must now apply for HTS status but in most casesare assessed against the mandatory requirements only.

The requirements for Highly Trusted Sponsor statuswere changed on 5 September 2011 and can be foundonly in the Tier 4 policy guidance for sponsors. Themandatory requirements are based on Confirmationsof Acceptance for Studies used by students to apply forTier 4 leave within the 12-month period preceding theHTS application. As well as considering civil penaltiesand the length of time a Tier 4 sponsor has been A-ratedif it does not already hold HTS status, the UKBA requiresrefusal of leave rates of under 20%, enrolment rates ofat least 90%, course completion rates of at least 85%and declarations of academic progress (where required)of 100%.

Institutions that fail to meet these mandatory

requirements will have their applications refused andtheir Tier 4 sponsor licence will be revoked with no rightof appeal.

Insitutions that meet the mandatory requirements

will then have their refusal, enrolment and coursecompletion rates assessed according to the UKBA'score measurable requirements. Those that meet theserequirements are awarded HTS status. This meansthat their CAS allocation is not limited, they have achoice in how they monitor attendance, they can offercourses at NQF level 3/SCQF level 6, they can offerwork placements in courses below degree level andtheir students can re-sit examinations or retake modulesmore than twice. Their "low risk" national students

are not required to produce evidence of funds andqualifications when they apply for Tier 4 leave.

Institutions that meet the mandatory requirements butnot the core measurable requirements are describedby the UKBA as having scored a "near miss" with theirapplication. They wil be given A-rated sponsor statusand allocated a limited number of CAS. The UKBAwill let them know when they can apply again for HTSstatus, which they must do after a 12-month period ofbeing an A-rated sponsor.

If they are not awarded HTS after this second attempt

and they fail to meet the mandatory requirements,their licence will be revoked. If they meet themandatory requirements, but again fail to meet thecore measurable requirements, they will become a"legacy sponsor". This means that they will have a zeroallocation of CAS, and will have to request CAS fromthe UKBA to allow existing students only to continuetheir courses. They will be removed from the register ofTier 4 sponsors. The Tier 4 policy guidance for sponsorshas full information about the consequences of being a"legacy sponsor".

Tier 4 sponsors must apply to renew their Tier 4 licenceevery four years, and they must apply to renew theirHTS status every year. They can apply up to onemonth before their deadline and the application will beconsidered after this deadline.

As HTS status is now required of every Tier 4 sponsor,many advantages now depend on whether Tier 4sponsors are also higher education institutions thatare recognised bodies or in receipt of public funding.For example, their postgraduate students who are notgovernment-sponsored can bring dependants, theycan choose how to assess English language for their

degree-level students, their students can work up to 20hours a week in term-time and work placements can beup to 50% of the total course (more if there is a statutoryrequirement for this) rather than 33%.

Highly Trusted Sponsor status



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Students who have completed their UK degreein medicine or dentistry and who need to take theFoundation Programme are covered by Tier 4(General). The UK Foundation Programme Office actsas the Tier 4 sponsor for postgraduate doctors. TheYorkshire and Humber Strategic Health Authority actsas the Tier 4 sponsor for postgraduate dentists. They willissue Confirmations of Acceptance for Studies for theFoundation Programme.

For more information, see the UK FoundationProgramme Office website at .

Postgraduate doctors and dentists


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Students who have not yet finalised their plans to studycan choose to apply for entry clearance to come to theUK as a Prospective Student. This is a specific categorywithin the Immigration Rules and it is important todifferentiate between these provisions and the informaluse of the term prospective student to mean a studentwho is in the UK but who is not due to begin studyingimmediately. Prospective Students are allowed to enterthe UK for up to six months in order to finalise their plansto study.

This route remains outside the Points Based System(PBS) and so students do not need a Confirmationof Acceptance for Studies (CAS) to apply. However,anyone applying under this route must be able todemonstrate a genuine intention to begin studying acourse that meets the Tier 4 requirements. Guidancefor Entry Clearance Officers suggests that provisionalacceptance on to such a course is sufficient to proveintention to study.

Students who enter the UK as a ProspectiveStudent must enrol on a course that meets the Tier 4

requirements during this six-month period or returnhome. Once students have obtained an unconditionaloffer to study at your institution, and been issued with aCAS, they should apply for further immigration as a Tier4 student. This application can be made within the UK.

Your institution can enrol Prospective Students, andallow them to begin studying before they apply to stayin the UK under Tier 4, as Prospective Students arenot prohibited from studying. However, they shouldbe advised to make a Tier 4 application as soon aspossible.

Prospective Students are not allowed to undertake anywork in the UK, whether paid or unpaid. Consequently,those who enter the UK as Prospective Students cannotundertake a work placement, even if it is part of thecourse of study, before Tier 4 leave has been granted.

Students should not be encouraged to come to theUK as Prospective Students unless, for example, yourinstitution requires their attendance at an interviewbefore confirming their acceptance on a course.

Applications made to the Home Office are expensiveand it is more cost-effective for them to come to the UK

as Tier 4 students in the first place.

For more information about Prospective Students, seethe UKCISA Manual.

See also Entry Clearance Guidance which has links tothe Immigration Rules at .

Prospective Students


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When your institution applied to become a Tier 4sponsor, it agreed to comply with specific duties asdescribed by the UK Border Agency (UKBA) in its Tier 4policy guidance for sponsors. These compliance dutiesinclude keeping certain records and reporting changesin a students circumstances.

As a Tier 4 sponsor, your institution must maintainup-to-date records for all Tier 4 students it has enrolled,in accordance with Appendix D of the Points Based

System: Guidance for Sponsors, which is available at.

This includes: a copy of the personal details pages in the passport a copy of all UK immigration stamps contained in thepassport, including current permission

a copy of the Biometric Residence Permit (IdentityCard for Foreign Nationals), if applicable this isissued only to students who have extended theirleave within the UK

contact details in the UK (address, mobile, email)

copy of the ATAS clearance certificate, if required a record of attendance as outlined in the sponsor

guidance (see Reporting for further details)

It is also good practice to keep the same records forall other non-Tier 4 migrants who are enrolling at yourinstitution, to ensure that:a) you have evidence they can study at your institutionon their current immigration permissionb) you have evidence of which students you do not needto monitor and report to the UKBA .

Students enrolled at your institution should beencouraged to keep you informed of any changes totheir circumstances whilst in the UK, for example achange of address or change in immigration status.

Record keeping


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Compliance duties for Tier 4 sponsors relate only to yourTier 4 students. That is, those students to whom yourinstitution has issued a visa letter or CAS AND who haveused that visa letter or CAS to apply for leave to enter orremain in the UK under Tier 4.

Reporting duties are mandatory only in relation to Tier4 students who used your CAS, not visa letter, in theirimmigration application. You can choose whetherto report Tier 4 students who used your visa letter in

their immigration application. If you choose to report astudent who used a visa letter, the reporting method isby email to .

All reporting of Tier 4 students who applied using a CASmust be done centrally via the Sponsor ManagementSystem and only by those staff within your institutionwho are authorised to do so.

Your institution must report to the UKBA all Tier 4students who: fail to enrol by the latest date allowed by your

institution to join the programme - this includesstudents who fail to enrol because they were refusedleave to enter or remain in the UK

miss 10 consecutive expected contacts withouthaving obtained the institution's permission to doso - the UKBA's guidance on reporting and, since13 December 2012, the Tier 4 policy guidance forsponsors state that this is required only if studentshave missed the contacts AND your institution nolonger wishes to sponsor them

withdraw or are suspended from your institution,including those who defer and intend to re-enrol withyou at a future date and those whose study with youis suspended for any reason, including where they nolonger have leave to be in the UK

no longer require Tier 4 sponsorship, for example,those who switch to a different immigration categorybut possibly still intend to continue to study with you

have any significant changes in their circumstances,including a move to study at a different campuswithin your institution, details of work placements orcompletion of the course of study earlier than planned(do not report early completion until the student hasactually completed the course)

have breached the conditions of their immigration

permission.

Reports to the UKBA must be submitted within 10working days of the change in circumstances. HighlyTrusted Sponsors can choose to report 10 missed

contacts at one of two reporting checkpoints during theacademic year.

When reporting a Tier 4 student to the UKBA, all reasonsfor the change in circumstances should be includedwhere known, for example, a missed flight, changing toanother institution or decision to go to another country tostudy.

Reporting to the UKBA that you are no longer

sponsoring students, even if this is for a short period,can result in students' leave being curtailed. It is,therefore, extremely important that students are madeaware that they are going to be reported and whatthe consequences of that action are likely to be. It isalso very important that Tier 4 sponsors do not reportstudents if there is no requirement to do so.

Tier 4 sponsors are not required to report their students''authorised absences'. The Tier 4 policy guidancefor sponsors states that it is the Tier 4 sponsor'sresponsibility to judge whether an absence is authorisedor unauthorised but suggests that if students will need to

repeat a period of study and/or are unlikely to completethe course in the original time frame as a result of timeaway from study, this is likely to be a deferral (andreportable) rather than an authorised absence.

As a Tier 4 sponsor, your institution is also required toreport to the UKBA any significant changes in its owncircumstances. This includes mergers, take-oversor any changes in the nature of your business. Thisreport must be submitted within 28 calendar days of thechange.

For detailed information about what and how to report,see the Tier 4 policy guidance for sponsors and theUKBA guidance 'The Sponsorship ManagementSystem User Manual for Tier 4 Sponsors: How to ReportStudent Activity', available at:

For information about when students' leave will becurtailed following reports by Tier 4 sponsors, see theUKBA guidance for its caseworkers, 'Curtailment ofLeave', at:.

Reporting


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Highly Trusted Sponsors can allow students to re-sitexaminations and to retake modules as often as isrequired subject to any academic restrictions whichapply to all students. Tier 4 (General) Students withother Tier 4 sponsors are limited to re-sitting eachexamination or retaking each module twice, meaningthat they can sit an exam or retake a module a maximumof three times in total. This, and no other informationabout re-sits and retakes, is provided for in theImmigration Rules (paragraph 119 of Appendix A).

Continued participationThe Tier 4 policy guidance for sponsors has additionalinformation. This refers to the need for the studentscontinued participation where the Tier 4 sponsor isconfident that it will be able to meet its sponsor dutieswith respect to that student during the re-sit or repeatperiod.

Continued participation is not defined or explained,and so it is a matter for each Tier 4 sponsor to decide foritself. There is no requirement that students mode ofattendance during the re-sit or retake must be full-time.

However, the course as a whole must be a full-timedegree-level course or consist of at least 15 hours aweek of organised daytime study.

Next academic periodThe policy guidance for sponsors imposes a furtherrestriction. If the students continued participation isnot required for a period of 60 days or more from thestart of the next academic period, with the exception ofrecognised institutional vacation periods, you should notcontinue to sponsor the student. The guidance does notdefine academic period but it does not say academic

year so it can include the start of terms and semestersand other relevant periods.

The Tier 4 policy guidance for sponsors does notexplain the date from which you should assess when thenext academic period falls.

Calculating 60 days if studentdoes not need to make Tier 4applicationIf the student has continuing leave, it would seem logical

to calculate the 60-day period from the start of theacademic period which follows the end of the studentsneed for continued participation before the re-sit orrepeated module.

For example, if students learn in the summer that theyhave failed an examination or module and will not needto re-sit the exam or repeat the module until the nextcalendar year, the next academic period is likely to bethe autumn semester or term. This would mean thatthe students continued participation is not requiredfor a period of 60 days or more. You would be requiredto notify the UK Border Agency of this and you shouldadvise the students to leave the UK.

If a student has more than 60 days' leave on the date onwhich the UK Border Agency considers the report, theUKBA will curtail the student's leave. The UKBA doesnot send notification of curtailment outside the UK, sostudents who have left the UK will not be made aware ofthis unless their mail is forwarded to them. They shouldbe advised in all cases that their leave will be curtailedand that they must apply for fresh entry clearance beforere-entering the UK.

If the re-sit or repeated module takes place in theautumn, the students continued participation is requiredwithin 60 days of the start of the next academic period

because the sponsor guidance says you should ignoreholidays. This means that there is no requirement toreport such students.

Calculating 60 days if the studentneeds to make a Tier 4 applicationIf a students leave is about to expire, you shouldprobably calculate the 60-day period in the same way asfor those whose leave is not about to expire rather thanfrom the end of the students leave. In this case, if thestudent is not required to participate for 60 days or morefrom the start of the next academic period, you should

not assign a CAS to the student until nearer the timewhen the student will need to re-enter the UK in order tore-sit the exam or repeat the module.

For example, if students whose leave expires in Octoberthis year learn this summer that they need to re-sitan exam or repeat a module next January, the nextacademic period is probably the start of the autumnterm, the period of non-participation is more than 60days and so the students should go home, at the verylatest by the time their leave expires. You should notassign CASs until after their leave has expired.

Re-entry as a Student Visitor tore-sit exams or retake modulesThe UK Border Agency has stated in emails and in aCourt of Appeal case that it is happy for students who

Re-sit students and students retaking

modules


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need to re-enter the UK only in order to re-sit exams toapply as Student Visitors rather than under Tier 4.

We have been assured that the guidance for EntryClearance Officers and for Border Force Officers hasbeen updated to reflect this, but there is nothing yet tothis effect in the public domain. Therefore, studentswho attempt to enter under this route might experiencedifficulties as the Student Visitor route was alwaysaimed at those taking courses which are under sixmonths long.

The Court of Appeal case that considers the Tier 4 re-sitprovision and confirms that the Student Visitor route isacceptable for re-sits is RS (Pakistan) v Secretary ofState for the Home Department[2011] EWCA Civ 434(18 April 2011), available at

.


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Revocation of a Tier 4 sponsor's licence

If the UK Border Agency (UKBA) revokes a Tier 4sponsors licence, the institution can no longer sponsorstudents who have or who need to apply for Tier 4 leave.Students with other forms of immigration permissioncan continue to study at the institution, though StudentVisitors and Child Visitors must study at an institutionthat is subject to UKBA-approved accreditation orinspection if it does not have a Tier 4 sponsor licence.

Tier 4 students who need to transfer to a different

college or university in order to complete or to restarttheir studies must successfully apply for fresh Tier 4leave, unless they meet the requirements of a differentimmigration category that allows them to study.

The UKBA will curtail the leave of Tier 4 students at aninstitution whose licence is revoked if those studentshave more than 60 days of leave remaining on the dateon which the UKBA considers their situation. Unlessthe student was involved with the reason for revocationof the licence (in which case, leave is curtailed withimmediate effect), the UKBA curtails leave to 60 daysfrom the date of its decision. The UKBA notifies the

student of its decision by writing to the students lastknown address in the UK. Students should alwaysinform the UKBA of their current address by sending theMCC form. Until the student receives notification, thedate of consideration is unknown. UKCISA memberscan contact the UKBAs Student Adviser Line in orderto check whether a students leave has been curtailed.If this is not possible, the earliest date of potentialcurtailment is 60 days from the date of revocation of theTier 4 sponsor licence.

If students affected by the revocation of their Tier4 sponsors licence wish to transfer to a differentinstitution, the new Tier 4 sponsor is required to assessthem in the same way as other prospective studentsbefore assigning a confirmation of acceptance forstudies (CAS) that will enable the students to apply forfresh leave. This means that the new sponsor needsto know if a students leave has expired and whetherthe student is in a position to make a successful Tier 4application whether in or outside the UK.

The UKBA operates a concession that allows studentsin this situation to provide evidence of the reducedmaintenance level (established presence in the UK)

if they have completed six months or more of theirprevious course, even if they are not now applyingto continue that course or have not completed theirprevious course. They must have current student or Tier

4 leave and they must have evidence in the requiredformat that they have held those funds for 28 days.

There are no other concessions for students in thisposition. Therefore, new Tier 4 sponsors must: assess their English language ability if this required

(see English language assessment) consider their ability and intention to follow and

complete the course (see Confirmations ofAcceptance for Studies)

decide whether the students application representsacademic progress or is exempt from this requirement(see Confirmations of Acceptance for Studies)

calculate whether the new application will mean thatthey exceed the maximum time they can spend withTier 4 leave (see Courses your institution can offerTier 4 students).

Students who have entry clearance to study with theTier 4 sponsor whose licence has been revoked andwho have not yet travelled to the UK should attempt tofind a new sponsor from home and apply for fresh entryclearance for study with that sponsor before travelling.

Students who have already started studying but who areoutside the UK when the Tier 4 licence is revoked shouldbe able to re-enter with that leave but should be warnedthat their leave will be curtailed and they might receivenotice of that when they enter the UK. They should notattempt to re-enter with that leave if the 60 days from theUKBA decision might already have expired.

For more information for students whose Tier 4sponsor loses its licence, see the Information SheetTier 4 sponsor licence problems, and colleges thatclose at

Information for Tier 4 sponsors is in the policy guidancefor Tier 4 sponsors at:


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The Immigration Rules allow Tier 4 students to takefull-time employment as a Student Union SabbaticalOfficer for a period of up to two years, provided thepost is an elected position at the institution which is thestudents Tier 4 sponsor. Tier 4 students can take up thispost either during their course of study or starting in theacademic year immediately after their studies.

Since 13 December 2012, Tier 4 also covers thosewho are elected to a position with the National Union

of Students. The original Tier 4 sponsor remainsthe sponsor in such cases, as the National Union ofStudents does not have a Tier 4 sponsor licence.

If Tier 4 students are elected to take up the post duringtheir studies, you are required to notify the UK Border

Agency (UKBA) of this change in circumstances. Youmust notify the UKBA via the Sponsorship ManagementSystem (SMS) if the students obtained their Tier 4 leaveusing a CAS. However, if they obtained their Tier 4 leaveon the basis of a visa letter, you should send detail

Overview Immigration Rules Dec2012

Documents

Transcript of Overview Immigration Rules Dec2012