Attendance Monitoring Policy for Tier 4 Sponsored Students

Transcription

1 Attendance Monitoring Policy for Tier 4 Sponsored Students Version Number v5.0. Effective from September 2017 Author: Home Office Compliance Information Officer Home Office Compliance Student Administration Page 1 of 37

2 Document Control Information Revision History incl. Authorisation: (most recent first) Author Summary of changes Version Authorised & Date RDM RH, SM & LD SM & LD Exceptions to the Salford Business School attendance monitoring removed due to discontinuation of Block Delivery Model. Addition of PGR holiday entitlement Changes to include addition of commutable distance, minimum percentage attendance and the fraudulent signature process. Clarification on attendance panel. Inclusion of MBA students following structural changes to the programme of study. Procedural info transferred to supporting Student Guide. Changes to include the number of missed contacts reduced from 10 and 6 to 6 and 3 for taught programmes up to the point of progression to final stage of Masters programme which has also been reduced from 10 and 6 to 1 and PGR contact points reduced from 3 and 6 to 1 and 3. Form submission and Reporting period has changed. V5.0 SELTEC: 17/05/2017 V4.0 Chair s Action - Sam Grogan (for SELTEC Chair): 19/12/16 V3.0 Home Office Compliance Assurance Group: 09/2016 SM & LD Changes to include sickness and Authorised absence V2.0 Director of Student Admin: 09/2014 BB Initial Attendance Monitoring Policy created V1.0 Director of Student Admin: 08/2012 Policy Management and Responsibilities: Owner: Others with responsibilities (please specify): This Policy is issued by the Home Office Compliance Team within Student Administration. The Directorate of Student Administration has the authority to issue and communicate policy on Attendance Monitoring for Tier 4 sponsored students and has delegated day to day management and communication of the policy to the Home Office Compliance Team and School Administration Staff. All subjects of the Policy will be responsible for engaging with and adhering to this policy. Author to complete formal assessment with the following advisory teams: Equality Analysis (E&D, HR) Equality Assessment form Legal implications (LPG) 1. 1 September 2016 Copy sent to Equality adviser Dec N/A Page 2 of 37

3 Document Control Information Information Governance (LPG) 3. Template support Dec 2016 Student facing procedures (QEO) 4. N/A UKVI Compliance (Student Admin) 5. N/A this is a UKVI Compliance policy. Consultation: Staff Trades Unions via HR Students via USSU Relevant external bodies (specify) N/A the policy is non-negotiable due to UKVI regulations. The University s Home Office Compliance Assurance Group (HOCAG) includes representatives from across the University. On HOCAG 24/11/16 considered the policy and recommended approval to SELTEC. Review: Review due: Document location: At the point of Home Office changes, new attendance system or within one year, whichever is sooner. University Policy & Procedure Pages University Policy pages at The owner and author are responsible for publicising this policy document. Page 3 of 37

4 1. Purpose The University of Salford is required to monitor the attendance of all Tier 4 students, in line with UK Visas and Immigration (UKVI) regulations as well as the Immigration Rules that underpin immigration into the United Kingdom. As a Sponsor, the University of Salford is committed to meeting all of its duties under its Tier 4 licence. As such, the following attendance monitoring procedures have been put in place, which will assist students in protecting their immigration status. 2. Scope This policy is to be adhered to by the majority of Tier 4 students who are currently enrolled on a programme of study with the University of Salford. Tier 4 sponsored students would fall under the following categories: Students who currently hold a Tier 4 visa; Students holding student leave before the introduction of the Points Based System; Students who have made an application for Tier 4 leave within the UK using a Confirmation of Acceptance for Studies (CAS) number from the University of Salford and a decision on the application is outstanding; Students who have made an application for Tier 4 leave within the UK using a CAS number from the University of Salford, have had their application refused and are currently undergoing an administrative review; Students who have made an application for Tier 4 leave within the UK using a CAS number from the University of Salford, have had their application refused and are currently undergoing an appeal. This policy does not currently apply to students sponsored under Tier 4 by the University of Salford who currently study on the following programmes: Pre-Sessional English Study Programmes (ESP): Tier 4 students will be required to adhere to the attendance policy set and monitored by Salford Languages (SL); International Foundation Years (IFY) : Tier 4 students will be required to adhere to the attendance policy set and monitored by Salford Languages (SL); The above named programmes are approved exceptions to the University s Home Office Compliance Attendance Monitoring procedures due to the nature of their delivery: IFY and ESP programmes within SL are intensive courses with small class sizes and therefore registers are taken, and attendance monitored, locally. This policy does not apply to students who currently hold leave to remain in the UK that is outside of Tier 4 of the Points Based System. Examples of students holding leave outside of Tier 4 of the points based system are: Students holding Dependent leave; Students holding Short Term Study leave; Page 4 of 37

5 Students holding leave under Tier 1, 2 or 5. The list above is not exhaustive. Further information regarding leave to remain in the UK that permits study can be found in Appendix A of this policy. Any queries should be forwarded to HomeOfficeCompliance@salford.ac.uk 3. Policy Statements 3.1. All Tier 4 sponsored students on Undergraduate (UG) and Postgraduate taught (PGT) programmes All Tier 4 sponsored students on taught programmes (UG and PGT) will be monitored at one teaching event per week. If the student is on the final stage of a PGT programme, monitoring will take place once a month. Each teaching week or month, where applicable, is known as a contact point. Further information regarding regularity of submission can be found in Appendix B of this policy It is the student s responsibility to print off a Tier 4 Attendance Form from the Immigration and Visas section of the AskUS website; however a stock of blank forms will be made available to each school office at the start of each academic year. They must take this form together with their ID card to a teaching event each week. They will present their ID card to a lecturer/technician who will sign their form Students will submit their signed Attendance Form via Salford Advantage no later than the Sunday at the end of each teaching week PGT students who have progressed to the final stage of the programme will need to maintain contact with their supervisors on a regular basis. They should continue to have their Attendance Forms signed by their supervisors but, in addition to this, are required to demonstrate progress made since the previous Attendance Form submission and keep an accurate record of this. Progress can be detailed on the Attendance Form. Students who have progressed to the final stage of their PGT programme will submit their signed Attendance Form via Salford Advantage no later than the Sunday following the end of the calendar month concerned During the designated reading weeks and holiday periods for their programme of study, UG and PGT students are not required to submit attendance monitoring forms. This is because the programme of study has no expected contact points during these times Schools are responsible for checking attendance submissions and contacting students who have not submitted their attendance form on a weekly basis. Appendix C, D and E contain end to end flowcharts detailing the attendance monitoring process for students on each stage of the programme. Appendix F,G, H and I contain the end to end processes for checking attendance forms and chasing missed submissions via Qlikview PGT students who are writing up their dissertations during an approved extension to their original submission deadline will need to follow the same procedure as per point (e). a) As stated in the academic regulations for taught programmes (ARTP) 2014/2015 (7.4.1) and ARTP 2015/2016 (6.4.5), students entering the extension phase on a Page 5 of 37

6 PGT programme are not entitled to continued supervision. However there are occasionally exceptions to this, i.e. where lab work is required. In these instances the attendance monitoring policy must be adhered to and the supervisor may be requested to confirm they will continue to provide supervision and comply with the attendance monitoring requirements during the extension phase. However if poor attendance is identified prior to the extension the University reserves the right not to issue any further CAS. b) Where engagement in study is no longer required, Tier 4 sponsored students must be advised to leave the UK as their continued participation is no longer required. These students must then provide evidence that they have left the UK. c) For students governed by academic regulations for 2016/2017, the option to extend is no longer available. Extensions may be permitted by way of a PMC, should the PMC be accepted then the student may be required to attend if the opportunity to retake the final 60 credit module is to be offered as a first attempt All Tier 4 sponsored students are subject to the Attendance Policy for Tier 4 Sponsored Students until the end of their programme of study on their student record1 or duration of their visa, whichever is the earliest of the two dates, subject to points a c. For PGT students writing their dissertations or final project, Student Administration may also need to be informed of the final submission dates before they can be exempted from UK Visas and Immigration Attendance Monitoring requirements. Tier 4 sponsored students will also be exempt from the Attendance Policy for Tier 4 Sponsored Students if they return to their home country, evidence that they have left the UK has been provided and sponsorship of their Tier 4 visa has been withdrawn Student Administration will carry out an audit of submitted Attendance Forms annually. This will require a sample of forms to be checked by Student Administration from a list of specified students identified by Student Administration. The list will be sent to the schools with a request for the relevant academic signatures with a specified deadline that must be adhered to. The forms will then be checked against the academic signatures provided In order for Tier 4 sponsored students to fully comply with the Attendance Policy, the University expects students to live within a commutable distance from the University. The University of Salford defines commutable distance from the University of Salford as a distance from the University that enables the student to attend the University during core working hours on a daily basis if they are required to do so. The location of where a Tier 4 sponsored student chooses to reside cannot, in any circumstance, be considered an adequate reason for non-compliance with this policy All Tier 4 sponsored students on placements or exchange programmes It is a UK Visas and Immigration requirement that all Tier 4 sponsored students on placements must also be monitored for attendance. 1 The end date may be re-determined by approval of an academic extension, a resit requirement or retake requirement or an interruption of study. Page 6 of 37

7 3.2.2 Placement tutors or co-ordinators must inform Student Administration of a student s placement location and the duration of the placement as soon as the details are confirmed as this must be reported to UK Visas and Immigration within ten working days of the placement commencing. It is the student s responsibility to ensure that their contact details (e.g. term time address and contact telephone number) are kept up to date on the Student Information System by using Self Service The students must follow the same attendance monitoring procedure as those on taught programmes. They must print off an Attendance Form each week and have it signed by a nominated line manager or point of contact at the placement venue. Alternatively, copies of timesheets may be provided as evidence of attendance The Attendance Form (or timesheet) must be submitted via Salford Advantage. Placement co-ordinators must be able to verify the signature of the line manager at the placement venue During the designated reading weeks and holiday periods for their programme of study, Tier 4 students are not required to submit attendance monitoring forms. This is because the programme of study has not expected contact points during these times In order for Tier 4 sponsored students to fully comply with the Attendance Policy, the University expects students to live within a commutable distance from their placement or exchange programme. The University of Salford defines commutable distance from the University of Salford as a distance from the University that enables the student to attend the University during core working hours on a daily basis if they are required to do so. The location of where a Tier 4 sponsored student chooses to reside cannot, in any circumstance, be considered an adequate reason for non-compliance with this policy Please note: you must have applied for a new visa from your home country after securing, but before starting the placement if your programme will now be longer (applicable where: (i) students obtained their original visa on or after 6th April 2017; and (ii) their original visa was not granted for long enough to cover the duration of both the programme and the placement). This is a condition of the placement Reassessments/retakes and the 60-day regulation UK Visas and Immigration regulations state that if any students are not required to participate in their programme of study (either in class or by some other contact) for more than 60 days then these students must leave the UK. In such instances, the University will withdraw its Tier 4 sponsorship of these students, their student records will be set to interruption of study and UK Visas and Immigration will be informed of the circumstances The 60-day regulation applies to all students who fail their assessments and have to undergo reassessment (i.e. they do not undertake any study or attend any classes in the intervening period) as in the following, but not exhaustive, circumstances: a) The student fails in September and the next available opportunity will be in the following assessment period in January: the student must return to their home country and only return to the UK on a short-term study visa for the reassessment; Page 7 of 37

8 b) The student fails in January (e.g. January intake) and the next available opportunity will be in the following assessment period in June: the student must return to their home country and only return to the UK on a short- term study visa UK for the reassessment The 60-day regulation also applies to students who only need to retake one Semester in the next academic year, as in the following circumstances: a) The student has a retake in Semester One and then no further contact is required in Semester Two: the student should complete Semester One as required and then return to their home country for Semester Two; b) The student has a retake in Semester Two but there is no contact required during Semester One: the student must return to their home country for Semester One and only return to the UK for Semester Two Where a student is not required to engage in study within a 60-day period, students will be asked to provide evidence that they have left the UK (such as a scanned exit stamp in their passport or a scanned air ticket). This will then exempt them from the Attendance Policy for Tier 4 Sponsored Students Students that are carrying a fail that also have a requirement to engage in classroom based activities remain subject to the Attendance Policy for Tier 4 Sponsored Students In exceptional circumstances, if a Tier 4 sponsored student requires access to relevant university systems such as Blackboard and student then the student s record will be set back to registered once acceptable evidence has been received which shows: a) they have returned to their home country following withdrawal of sponsorship; or b) they have made an on time application for leave to remain outside of Tier All Tier 4 sponsored students on Postgraduate Research Programmes (PGR) Full-time PGR students are required to attend at least one formal supervision session each month. PGR students who take an authorised leave of absence of 21 days or more in one calendar month will not be required to have a formal supervision session within that calendar month For Home Office Compliance purposes, these sessions must take place once a month, every month It is the responsibility of the PGR student to keep a record of each formal supervisory session on the Research Supervision Record Form (RSRF). The RSRF is located on the Immigration and Visas section of the AskUS website and on the research-specific support pages Students will submit their signed RSRF via Salford Advantage by no later than the Sunday following the end of the calendar month concerned All Tier 4 sponsored research students are subject to the Attendance Policy for Tier 4 Sponsored Students until the end of their programme of study on their student record or the duration of their visa, whichever is the earliest of the two dates. Tier 4 sponsored students will also be exempt from the Attendance Policy for Tier 4 Sponsored Students if Page 8 of 37

9 they return to their home country, evidence that they have left the UK has been provided and sponsorship of their Tier 4 visa has been withdrawn Student Administration will carry out an audit of submitted RSRFs annually. This will require a sample of RSRF forms to be checked by Student Administration from a list of specified students identified by Student Administration. The list will be sent to the schools with a request for the relevant academic signatures with a specified deadline that must be adhered to. The forms will be checked against academic signatures held on file In order for Tier 4 sponsored students to fully comply with the Attendance Policy, the University expects students to live within a commutable distance from the University. The University of Salford defines commutable distance from the University of Salford as a distance from the University that enables the student to attend the University during core working hours on a daily basis if they are required to do so. The location of where a Tier 4 sponsored student chooses to reside cannot, in any circumstance, be considered an adequate reason for non-compliance with this policy All Tier 4 sponsored research students are required to comply with the Taking Leave of Absence Requirements in the Code of Practice for Research Programmes. 4. Policy Enforcement 4.1. Submission of Tier 4 Attendance Forms and Research Supervision Record Forms As previously detailed, Tier 4 sponsored students on UG and PGT programmes must submit their weekly attendance monitoring form no later than the Sunday at the end of the teaching week. Tier 4 sponsored students on the final stage of a PGT programme, or on a PGR programme, must submit their attendance monitoring form/research supervision record form no later than the Sunday following the end of the calendar month concerned. Late forms will not be processed and will be classed a missed contact point Attendance monitoring forms/research supervision record forms that are not signed and dated will not be accepted and will be classed as a missed contact point Tier 4 sponsored students who submit fraudulent forms, such as those where the date has been purposefully altered or a signature has been forged, will be subject to the University s Student Disciplinary Procedure. Further information about the submission of fraudulent forms can be found in Appendix J of this policy Consecutive missed attendance and non-compliance Tier 4 sponsored students on an UG course or on the taught phase of a PGT course who have not submitted an Attendance Form for the previous week will be contacted via by their School Tier 4 sponsored students on an UG course or on the taught phase of a PGT course who miss three to five consecutive contact points will be sent a warning by Student Administration. This warning will advise the student that they need to Page 9 of 37

10 comply with the attendance monitoring policy and further non-compliance will result in the withdrawal of sponsorship of their Tier 4 visa Tier 4 sponsored PGR students, and PGT students who have progressed to the final stage of the programme, who miss one to two missed contact points will be sent a warning by Student Administration. This warning will advise the student that they need to comply with the attendance monitoring policy and further non-compliance will result in the withdrawal of sponsorship of their Tier 4 visa If six consecutive contacts have been missed on a UG programme or up to the point of progression onto the final stage of a PGT programme or three consecutive contacts have been missed on a PGR programme or following progression onto the final stage of a PGT programme, the Tier 4 sponsored student will be requested to attend an attendance interview with two members of the Home Office Compliance Team and provide evidence of their attendance. If the student fails to meet with the Home Office Compliance Team and does not provides further evidence of their attendance within ten working days of being identified, sponsorship will be withdrawn Following attendance interviews with students, an attendance panel of three members of staff will meet to review the evidence provided and the outcome of the interview before considering a withdrawal of sponsorship. The panel will consider the student s attendance history in regards to the overall percentage of contact points met, regularity of submission, consecutive missed attendance and any evidence supplied by the student and their school in regard to their engagement in the programme of study. The panel will then decide whether continuing to sponsor the student poses a risk to the University s Sponsor License. N.B. This is less than ten consecutive contact points as per the Sponsor Guidance published by UK Visas and Immigration. For taught students this constitutes six weeks worth of study and for PGR students and PGT students who have progressed to the final state of their course, this is three months worth of study. Any student having no engagement in their programme for this period of time is too high a risk to the University s Sponsor license If a decision is made not to withdraw sponsorship of the student s Tier 4 visa, Student Administration will send an to the student to advise them of this. The student s attendance record will be updated and they will also be sent a Terms and Conditions document that they will need to sign and return. If the student continues not to comply with the University s Attendance Monitoring Policy, sponsorship of their Tier 4 visa will be automatically withdrawn Students who are withdrawn under this regulation will only be permitted to re-register if they are able to provide mitigating evidence for their non-attendance. This will be considered by the panel who will decide if the student is able to re-apply to the university or if it is deemed too high a compliance risk in which case no further reapplication opportunities will be offered If a decision is made to withdraw sponsorship of the student s Tier 4 visa, Student Administration will send a letter and to the student to advise them of this and to Page 10 of 37

11 detail the actions they need to take. A request will then be sent to the fees and awards team to withdraw the student s registration record and the relevant school will also be informed Where sponsorship has been withdrawn and contact is made by the student to the Home Office Compliance Team, the decision may be able to be reversed if sufficient evidence of attendance and engagement can be provided. If the Home Office have not actioned the withdrawal, and the student meets with the Home Office Compliance Team and provides sufficient evidence, the notification on the SMS will be withdrawn and the student can continue to be sponsored under Tier 4 by the University of Salford. In this situation, point will then apply. When requesting to reverse the decision on the SMS where the Home Office have already actioned the withdrawal of sponsorship, the student will be liable to obtain fresh leave to re-enter the UK Following withdrawal of a student s Tier 4 visa (because they were unable to provide satisfactory evidence of their attendance) the decision cannot be reversed. This is because the student has failed to meet the conditions of their Tier 4 visa. Sponsorship of the student s Tier 4 visa will be withdrawn, as will their student status, and the student must return home. Following these actions, if the student wishes to return to the University later on, they must provide sufficient reasoning and/or evidence of attendance. This will be reviewed on a case by case basis Percentage attendance and non-compliance At the end of each semester, all UG, PGT and PGR students (apart from the approved exceptions) with a percentage attendance of less than 80% will be requested to attend an interview with two members of the Home Office Compliance Team and provide evidence of their attendance Where a student has a percentage attendance of less than 80%, an attendance panel of three members of staff will meet to review the evidence provided and the outcome of the interview If a student fails to meet with the Home Office Compliance Team or does not provide satisfactory evidence of their attendance within ten working days of being identified they will not be issued any further CAS from the University of Salford. N.B. Even though this may not equate to ten consecutive contact points as per the Sponsor Guidance published by UK Visas and Immigration, any student having no engagement in their programme for 20% of the time is too high a risk to the University s Sponsor license If a student meets with the Home Office Compliance team and provides satisfactory evidence of their attendance, the student s attendance record will be updated and they will be sent a Terms and Conditions document that they will need to sign and return. 5. Related Documentation 5.1. University Policy Page 11 of 37

12 The following documents can be found on the University Policy & Procedure pages at (Academic Governance section): Attendance Monitoring Policy For Tier 4 Sponsored Students Academic Regulations for Taught Programmes Academic Regulations for Research Programmes Personal Mitigating Circumstances Procedure Interruptions and Withdrawals Policy Student Disciplinary Procedure Fitness to Practise Procedure 5.2. Government guidance The following documentation can be found on the Government webpages at Tier 4 of the Points Based System Guidance for Sponsors. Document 1: Applying for a Tier 4 License Tier 4 of the Points Based System Guidance for Sponsors. Document 2: Sponsorship Duties Tier 4 of the Points Based System Guidance for Sponsors. Document 3: Tier 4 Compliance Tier 4 of the Points Based System Policy Guidance 5.3. School advice The following related documentation is available on request from the Salford Languages, Salford Business School or Student Administration: Salford Languages IFY, ESP, SESP & SISESP Attendance Guidelines SBS UKVI PGT Block Delivery Process 5.4. Advice The following supporting documentation can be found on the Salford University Immigration and Visa Help Pages at Tier 4 attendance form Research supervisory record form Sickness self-certification form Guides to submitting your attendance monitoring form Deadlines for research supervision record forms 6. Appendices Appendix A: Visas outside of Tier 4 Page 12 of 37

13 Appendix B: Summary of Submission Type and Regularity of Submission Appendix C: Flowchart for UG and PGT students (taught phase of their course) Appendix D: Flowchart for PGT students who have progressed to dissertation Appendix E: Flowchart for PGR students Appendix F: Flowchart submissions for UG and PGT students (taught phase of their course) Appendix G: Flowchart submissions for PGT students who have progressed to dissertation Appendix H: Flowchart submissions for PGR students Appendix I: Flowchart for Chasing Missed Submission Appendix J: Fraudulent Submission Process Page 13 of 37

14 6.0 Appendices Appendix A: Visas outside of Tier 4 Visa Code Description Instances Where Used D1 F1 F2 F3 F4 F5 Doctorate Extension Scheme Student Visa Tier 4 Dependent of Student Short Term Study Visa Prospective Student Other Dependent To be used where the student has been granted a Tier 4 visa under the University s Doctorate Extension Scheme. If the University of Salford is sponsoring a student, the Tier 4 visa will display our licence number (9DFMKXFW4). To be used where the student has been granted a Tier 4 visa and is studying and enrolled on any programme of study with us. If the University of Salford is sponsoring a student, the Tier 4 visa will display our licence number (9DFMKXFW4). The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. To be used where the student has been granted a visa as a dependent of somebody else with Tier 4 leave. This would normally state PBS Dependent on the visa. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. To be used for any student that has been issued with what was commonly known as a Student Visitor Visa. These can either be issued as a vignette style visa or be given in the form of an entry stamp at the UK Border for low risk nationalities. They are only valid for 6 months from the date of issue. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. It was confirmed by the University of Salford s Premium Account Manager on the 21 st April 2015 that anyone holding Indefinite Leave does not require an ATAS for an ATAS related course of study. This route is no longer applicable and has not been in use since October 2013 To be used where the student has been granted a visa as a dependent of somebody else with any leave outside of Tier 4. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. Page 14 of 37

15 Visa Code Description Instances Where Used F6 Tier 5 There are three main types of Tier 5 visa: Tier 5 (Youth Mobility); these are issued to people aged between the age of and are from a countries that are part of the Youth Mobility Scheme. The current countries that are under the scheme are: Australia New Zealand Canada Hong Kong Japan Republic of Korea (South Korea) Monaco Taiwan You can also apply for the scheme if you are a British Overseas citizen, a British Overseas territories citizen and a British National (Overseas) citizen. In all cases students studying on this type of leave can study full or part time. There are no general obligations the student must meet in order to retain this type of visa. The visas will normally be valid for two years in total. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. Tier 5 (Temporary Worker Creative & Sporting); these are normally issued to people if they have been offered work as a sports person or creative worker and are normally valid for 12 months. Students with this type of visa can normally study full or part time as long as they meet the primary obligations of their visa, i.e. work for the company that is sponsoring them. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. Tier 5 (Temporary Worker Government Authorised Exchange); these are normally issued to people who come to the UK as part on an approved government exchange programme and are being sponsored by a licensed sponsor. Leave can be granted for either 12 or 24 months dependant on the exchange programme. Students can study full or part time as long as they are meeting the primary obligations of their visa, i.e. work for the company that is sponsoring them. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. Page 15 of 37

16 Visa Code Description Instances Where Used F7 Tier 1 There are two main types of Tier 1 visa: Tier 1 (Entrepreneur); these are normally issued to people who wish to set up a business within the United Kingdom. Leave granted is normally for a maximum of 3 years and 4 months. Students can study full or part time as long as they are meeting the primary obligations of their visa, i.e. working for the business they have intended to set up. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. Tier 1 (Exceptional Talent); these are normally issued to people who are recognised leaders or emerging leaders in your field of work. There is a two stage process for application, the first being an endorsement from the Home Office as a leader or emerging leader. Leave is granted for a maximum of 5 years and 4 months and the number of places available on this application route is limited. Students can study full or part time as long as they are meeting the primary obligations of their visa, i.e. working in their field of expertise. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. F8 F9 Indefinite Leave to Remain Student Visa (Pre-Tier 4) This is normally granted to people seeking settlement within the UK. Although the term indefinite means that the person granted this type of leave are able to remain in the UK indefinitely, the BRP cards issued to endorse this type of leave will have an expiry date. They are required to re-apply before the expiry date of the endorsement. Students can study full or part time on this type of leave without any restrictions. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. It was confirmed by the University of Salford s Premium Account Manager on the 21 st April 2015 that anyone holding Indefinite Leave does not require an ATAS for an ATAS related course of study. These were granted to students who were sponsored by the University of Salford before the points based system was introduced in It is very unlikely that you are going to be presented with a visa from a student holding this type of leave. Page 16 of 37

17 Visa Code Description Instances Where Used The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. G1 G2 Tier 4 another institution Family Reunion Visa If the University of Salford is sponsoring a student, the Tier 4 visa will display our licence number (9DFMKXFW4). If the student presents us with a Tier 4 visa with a different sponsor number it is likely that their leave is being sponsored by another institution. Care must be taken if this type of leave is presented to you and in all instances should be referred onto the Home Office Compliance Team particularly if the student has a large amount of time left on the visa (the visa may have been cancelled by the relevant sponsor and may no longer be valid). The University does not enrol students holding Tier 4 leave sponsored by another institution and will therefore ask the student to make an on time Tier 4 application and present us with evidence of this before allowing the student to enrol and populating a check in date in SGASTDN. In any instance, this type of visa should only be populated into the GOAINTL record by the Home Office Compliance team as a reference as to why a student was unable to enrol and check-in. The visa start date should the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. This type of visa is normally granted to people who have applied to join or stay in the UK if the student was separated from a partner if they were forced to leave their home country or Asylum or 5 years humanitarian protection has been granted but they do not yet have British Citizenship. Students can study full or part time. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. Page 17 of 37

18 Visa Code Description Instances Where Used G3 Tier 2 Tier 2 visas are normally granted where the student is being sponsored by an employer to work full time. Study is permitted on this type of visa as long as the primary obligations are being met by the student, i.e. working full time for the sponsor that is employing them. Generally, if you come across this type of visa it will be for a part time programme. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. Page 18 of 37

19 G4 Visa Application With UKBA T4 We can allow students to study with us where a physical visa is not held as long as the student has made an on time application to UK Visas and Immigration. Where an applicant has made an application to UK Visas we normally ask for the following evidence in place of a physical visa (the following list is in the order that the student normally receives this in): The application cover sheet and a post office receipt (where applicable): this indicates the date of application and the date supporting documents have been sent to UK Visas (the student normally has 15 days to submit any supporting documents to UK Visas) A letter confirming receipt of the documents: this is normally sent to the student within two weeks of the application and supporting documents being submitted to UK Visas. There seems to be inconsistency with how these letters are now managed by UK Visas and in most cases these appear to no longer be issued, instead the student will receive their request to enrol for their biometrics instead. A Biometric Appointment Request and Post Office Receipt: the student will be requested to make an appointment with a local post office to take biometrics (fingerprints) for their residency permit. The student must enrol for the biometrics within 15 working days, the post office receipt should confirm the date of enrolment. A decision letter: a decision on a Tier 4 application is normally made within 8 weeks of submission provided the student enrols for their biometrics on time. A decision will either be that applicant has been successful or refused. If the applicant is successful they will be sent their Biometric Residency Permit within ten working days. The GOAINTL record must be updated and inputted in the following way: Visa Start Date This must be the date the application was made to the Home Office Visa End Date This must be 8 weeks from the visa start date Visa number This must be the word Evidence followed by the date the latest piece of evidence was received. By updating it in the above format it allows us to see if the application is taking longer than expected and chase up with UK Visas and it also allows us to see the last time the student provided us with an update. We would not chase up a student who has provided an update within the last month. Page 19 of 37

20 Visa Code Description Instances Where Used G5 G6 G7 G8 Limited Leave to Remain Visa not required (EEA) Visa/passport with DVLA No visa required/no attendance There are various instances where limited leave can be granted to a student, the reasons and restrictions are normally detailed on the visa. Studying on limited leave can be acceptable in most circumstances. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. Students may arrive at the University with a passport that was issued from an EU or EEA country but they may be resident in a country outside of the EU/EEA. In all cases the student will be entitled to study in the UK. The GOAINTL record must be updated and inputted in the following way: Visa Start Date This will normally be the date of issue of the passport Visa End Date This will normally be the end date of the passport Visa Number This will normally be the issuing country of the passport Students may be required to send their visa or passport to the DVLA to apply for a driving license within the UK. This is generally not used as the student must be able to demonstrate they currently hold leave in order to enrol or where their previous leave has expired, if the documents are with the DVLA this is often hard to determine. This is normally inputted onto the students record if the students visa has expired, they still have time remaining on the course but they have left the UK upon receipt of exit evidence from the student. Exit evidence would normally be: Flight tickets; and/or Entry stamp from their home country (where applicable) The GOAINTL record must be updated and inputted in the following way: Visa Start Date This will normally be the date the student left the UK based on the evidence received Visa End Date This would only be entered where the student is required to return to the University, i.e. after an interruption of study. The date entered would be the return date Page 20 of 37

21 Visa Code Description Instances Where Used Visa Number This must be the word Evidence followed by the date the latest piece of evidence was received. G9 H1 Sponsorship Withdrawn Sponsorship Withdrawn Exit Evidence Where students have had sponsorship withdrawn by us in most instances. The reason for withdrawal must be noted on SKAICAS but the GOAINTL record must be updated in the following way: Visa Start Date This will normally be the date sponsorship was withdrawn Visa End Date This should be left blank Where students have had sponsorship withdrawn by us at the student s request, normally where they have returned to their home country and still have time remaining on their Tier 4 visa but do not wish to return to the UK and has provided evidence of their return. Exit evidence would normally be: Flight tickets; and/or Entry stamp from their home country (where applicable The reason for withdrawal must be noted on SKAICAS but the GOAINTL record must be updated in the following way: Visa Start Date This will normally be the date the student left the UK Visa End Date This should be left blank Visa number This would be the date the student has provided exit evidence Page 21 of 37

22 Visa Code Description Instances Where Used H2 H3 Dissertation or Thesis Submitted Visa Application Check & Send scheme Where students have submitted their final piece of assessed work (on a Masters level programme) or final hard bound thesis following viva and any corrections (on research related programmes). However if the piece of assessed work or thesis has been submitted two weeks earlier than the completion date indicated on SKAICAS then the student may need to be reported and sponsorship withdrawn as the student has completed early. If this is the case the student must be set to G9 instead. If this code is applicable then the BANNER record must be updated in the following way: Visa Start Date This will normally be the date the student submitted the final piece of assessed work Visa End Date This should be left blank It is normally beneficial to update the GOAINTL record to this visa type where the student may require an exemption from attendance monitoring duties and is pending award/graduation. This is normally used where the student has submitted a visa application via the University s Check & Send scheme. The date inputted onto GOAINTL for this type of record should be the same as a G4 Application with UKBA T4 record. However, documents are sent directly to the University as opposed to the student Page 22 of 37

23 Visa Code Description Instances Where Used H4 H5 Appeal against UKVI T4 Derivative Residence Card The right of appeal is gradually becoming less common with refusals on Tier 4 applications. Appeals normally have to be submitted within 10 working days of a visa refusal in order to be classed as on time and timeframes can vary across the UK but the Courts and Tribunals service recommend that on average standard appeals can take up to 20 weeks from the date of submission. If the application for appeal (at any stage) was submitted on time, students can continue to study until the outcome of the appeal is known. If an appeal is rejected, the student can sometimes appeal to an upper tribunal and then the court of appeal if it is then rejected by the upper tribunal. The final stage may be a Judicial Review but students no longer have study rights when they submit a Judicial Review. We chase students for an update on appeals where contact/updates have not been made/received within the last month. The GOAINTL record must be updated and inputted in the following way: Visa Start Date This must be the date the application was made to the Courts and Tribunals Service Visa End Date This must be 20 weeks from the start date Visa number This must be the word Evidence followed by the date the latest piece of evidence was received. This is normally issued to primary carer for someone who has the right to live in the UK, a child of a primary carer for someone who has the right to live in the UK or a child of a former EEA worker who is currently studying at a school, college or university within the UK. Students can study on this visa. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. Page 23 of 37

24 Visa Code Description Instances Where Used H6 Appeal Against UKVI Non T4 Appeals normally have to be submitted within 10 working days of a visa refusal in order to be classed as on time and timeframes can vary across the UK but the Courts and Tribunals service recommend that on average standard appeals can take up to 20 weeks from the date of submission. If the application for appeal (at any stage) was submitted on time, students can sometimes continue to study until the outcome of the appeal is known but in some instances we would need to know the type of application the student has submitted and to see the refusal in order to see if the student has retained any study rights. If an appeal is rejected, the student can sometimes appeal to an upper tribunal and then the court of appeal if it is then rejected by the upper tribunal. The final stage may be a Judicial Review but students no longer have study rights when they submit a Judicial Review. We chase students for an update on appeals where contact/updates have not been made/received within the last month. The GOAINTL record must be updated and inputted in the following way: Visa Start Date This must be the date the application was made to the Courts and Tribunals Service Visa End Date This must be 20 weeks from the start date Visa number This must be the word Evidence followed by the date the latest piece of evidence was received. Page 24 of 37

25 Visa Code Description Instances Where Used I1 I2 Administrative Review Discretionary Leave Asylum As the right of appeal is gradually being removed from Tier 4 applications, UK Visas and Immigration have replaced this with the administrative review. The student has ten working days to submit the administrative review. If the original visa application was submitted on time and then the subsequent administrative review was submitted on time, the student retains any study rights. Administrative reviews are expected to take 28 days from the date of submission to review. The GOAINTL record must be updated and inputted in the following way: Visa Start Date This must be the date the application was made to UK Visas and Immigration Visa End Date This must be 28 days from the date the student has submitted the application Visa number This must be the word Evidence followed by the date the latest piece of evidence was received. If someone applies for Asylum but the application is refused, the person applying may be given Discretionary Leave instead. This is normally only applicable for a 5 year period. The person holding discretionary leave then has the option to apply for a renewal. In order to retain any study rights the student has to have make a renewal to UK Visas and Immigration on time. Students can study on this visa. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. I3 General Visitor Visa Students cannot normally study on any visitor visa routes outside of the short term study visa route. However, UK Visas do allow students to study for a maximum of 31 days over the lifecycle of the General Visitor Visa provided study is not their primary reason for travel to the UK. The GOAINTL record must be updated and inputted in the following way if we have allowed the student to study on this visa: Visa Start Date This must be the start date of study, not the start date on the visa Visa End Date This must be 31 days from the start date of study, not the end date on the visa Page 25 of 37

26 Visa Code Description Instances Where Used I4 Application with UKVI Non T4 Applications outside of the Tier 4 route can still allow the student to study in some cases but we would need to know the type of application that has been made and be able to establish if the student made the application on time. Most applications outside of the Points Based System can take up to 6 months to process. The GOAINTL record must be updated and inputted in the following way if we have allowed the student to study whilst an application outside of Tier 4 is pending: The GOAINTL record must be updated and inputted in the following way: Visa Start Date This must be the date the application was made to the Home Office Visa End Date This must be 6 months from the visa start date Visa number This must be the word Evidence followed by the date the latest piece of evidence was received. By updating it in the above format it allows us to see if the application is taking longer than expected and chase up with UK Visas and it also allows us to see the last time the student provided us with an update. We would not chase up a student who has provided an update within the last month. I5 Diplomat Visa This type of visa is issued to diplomats and their dependents who are posted to the UK. Students can study on this type of visa. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. I6 Temporary Visa (30 day) Tier 4 Students applying for Tier 4 visas outside of UK will be required to provide a visa that is only valid for 30 days. They are then required to pick their permanent Biometric Residency Permit, normally, from the University. In some instances they will be required to collect these from the Post Office. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP. Page 26 of 37

27 Visa Code Description Instances Where Used I7 Asylum Application This is where an asylum application is pending a decision from UK Visas and Immigration. The University currently allows students with pending asylum applications to study. The GOAINTL must be updated in the following manner: Visa Start Date This must be the date the application was made to the Home Office Visa End Date This must be left blank Visa number This must be the word Evidence followed by the date the latest piece of evidence was received. Page 27 of 37

28 Appendix B: Summary of Submission Type and Regularity of Submission Student Type Where to submit form Regularity of Submission Warning Sent To Student Student Interviewed Student Reported & Sponsorship Withdrawn Undergraduate All Schools Postgraduate completing PgDip element of programme Postgraduate completing PgDip element of programme Salford Advantage School Office Weekly Between three and five consecut ive contacts missed After six consecutive contacts missed Within ten working days of six consecutive contacts being missed where sufficient evidence cannot be provided to explain missed attendances Postgraduate completing final stage of programme Postgraduate completing final stage of programme Salford Advantage School Office Monthly Between one and two consecut ive contacts missed After three consecutive contacts missed Within ten working days of three consecutive contacts being missed where sufficient evidence cannot be provided to explain missed attendances Postgraduate Research All schools Salford Advantage Page 28 of 37

29 Appendix C: Process flow of the attendance monitoring process for UG and PGT students on the taught phase of their course. Page 29 of 37

30 Appendix D: Process flow of the attendance monitoring process for PGT students who have progressed to dissertation. Page 30 of 37

31 Appendix E: Process flow of the attendance monitoring process for PGR students. Page 31 of 37

32 Appendix F: Process Flow for Processing Salford Advantage Submissions (for UG and PGT students on the taught phase of their course). Page 32 of 37

33 Appendix G: Process Flow for Processing Salford Advantage Submissions (for PGT students who have progressed to dissertation). Page 33 of 37

34 Appendix H: Process Flow for Processing Salford Advantage Submissions (for PGR students). Page 34 of 37

35 Appendix I: Process Flow For Chasing Missed Submission Page 35 of 37

36 Appendix J: Fraudulent Submission Process Background The University currently requires students sponsored to be in the United Kingdom under Tier 4 of the Points Based System (PBS) to have their attendance monitored. This is a compulsory part of our Tier 4 license with the Home Office. The University s Attendance Monitoring Policy for Tier 4 Students currently requires students to submit a signed form from a lecturer, supervisor or academic confirming their attendance via Salford Advantage or their school office in the following manner: Student Type Undergraduate All Schools Postgraduate completing PgDip element of programme All Schools except Salford Business School Postgraduate completing PgDip element of programme Salford Business School Postgraduate completing final stage of programme All schools except Salford Business School Postgraduate completing final stage of programme Salford Business School Postgraduate Research All schools Where to submit form Salford Advantage School Office Salford Advantage School Office Salford Advantage Regularity of Submission Weekly Monthly Since moving the submissions over to Salford Advantage, increased oversight of the process and increased student ownership over the submissions has led to more scrutiny over the signatures being used on the form. Following implementation during semester one of the 2016/2017 academic year, there were 26 Salford Advantage submissions flagged as potentially fraudulent submissions. Whilst this only accounts for under one per cent of the total number of submissions on Salford Advantage, (20469 submissions in total), to support the implementation of a culture of compliance across the University of Salford a Page 36 of 37

37 process is required to review these submissions and note what actions have been taken upon identification of any fraudulent submissions. The submission of falsified information is a very serious matter which can have a damaging effect on the operation of University processes and on overall student experience. Such action, if not appropriately addressed, can damage the reputation of the University and, in certain circumstances, be considered a beach of the University s UK Home Office licence. In addition such an act may well be a criminal act under UK law (fraud). Where the University suspects information that is submitted to be falsified it may choose to take action under the Student Disciplinary or the Fitness to Practise procedures. Penalties that maybe applied through both these procedures range from written warnings, up to, and including, Expulsion from the University. Proposed process Page 37 of 37