Glasgow Caledonian University UKBS Points Based Sytem: Tier 4 Briefing Document for Staff This is a Web Document. The Policy and Regulations governing Tier 4 sponsorship are revised and updated regularly by the Government. Accordingly this document will be updated as appropriate. If you are reading this Briefing Document in hard copy you are seeing the position at the point of printing. Please check the University Website to ensure that you have the current version of this Briefing Document or seek guidance from the responsible Offices and Individuals as listed from page 11 of this document.
Contents Contents Page Introduction 3 Why, How, Where and When 4 International Student Support 5 UKBA Sponsorship Management System 5 Student Attendance and Monitoring Policy 5 Time Spent Studying in the UK 6 English Language 6 Academic Progression 6 Change Programmes within GCU 6 Change Sponsor 7 Student Work Placement 7 Student Working Hours 8 Dissertation Write up Period 8 Student Absence 9 Examinations Resits 10 Sponsorship Ends 10 International Student Contacts 11 Page 2
Information Document: Tier 4 International Students Introduction This document is intended as an information guide. It will assist staff in providing a greater understanding of the processes involved when recruiting and retaining tier 4 international students using the Points Based Immigration system (PBS). The PBS was designed by the UK government and is the means of regulating immigration to the United Kingdom from outside the European Economic Area (EEA). The scheme was phased in between 2008 and 2010 and is administered by the UK Border Agency (UKBA). The PBS consists of five separate tiers, 1 through to 5. Tier 4 is the route used for migrants who want to study full time in the UK. Glasgow Caledonian University (GCU) is licensed by the UKBA to sponsor successful international applicants who wish to enter the UK for the purposes of full time higher education study. GCU must comply with the appropriate tier 4 regulations under which it is licensed. Failure to do so may result in the suspension of and/or withdrawal of its sponsors licence. GCU, in common with all other UK Universities, currently enjoys Highly Trusted Sponsor (HTS) status. In order to retain its HTS status, which is renewed annually, GCU must meet the UKBA HTS eligibility requirements introduced in September 2011. Page 3
Why Do We Sponsor International Students At GCU we provide an environment which enables the student, both home and international, to flourish and realise their full potential by offering a variety of innovative and specialised programmes of study with world class facilities and award winning student support. Income generated by the recruitment and sponsorship of tier 4 students helps us maintain our financial independence by decreasing our reliance on Scottish Funding Council (SFC) income. How Do We Sponsor International Students All initial applications from potential students are processed by the Global Admissions team. Any student who wishes to come to the UK under tier 4 of the PBS must obtain a visa before they travel. A student cannot apply for a visa or extension of stay without a Confirmation of Acceptance for Studies (CAS) which will be issued by the University under its HTS license. A student will only be assigned a CAS when they have been issued with an unconditional offer of a place on a course and paid a fees deposit. Students who are already in the UK under tier 4 can apply for an extension of their current permission to stay; this is called further leave to remain and they require and extension CAS. Extension CAS are processed by the Student Records team. Where Do We Recruit International Students From We recruit international students from countries out with the EEA. Students from within the EEA do not require a tier 4 visa. Below is a link listing the EEA countries and members. http://en.wikipedia.org/wiki/european_economic_area#membership When Do We Sponsor International Students We can sponsor an international student anytime as long as their permission to be in the UK is valid. That is, the valid from date on their visa precedes the course start date on their CAS. It is not possible for a student to have a visa which has a valid from date which is after the course start date. There are traditionally 2 windows when the majority of international students arrive in the UK and enrol on their course; September and January. Below is a link to the latest Tier 4 UKBA sponsor guidance which specifies the regulatory framework within which the University must operate in order to meet its statutory requirements and obligations as an HTS institution. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/p bsguidance Page 4
How Do We Support International Students Support for staff with tier 4 and international student responsibilities should be directed in the first instance to Brian Fitzsimmons the GCU/UKBA Compliance Officer on x 1066 or at b.fitzsimmons@gcu.ac.uk Support for tier 4 and international students at the point of entry and at the point of contact is provided by International Student Support Service (ISSS) isss@gcu.ac.uk Members of staff should refer international students, in the first instance, to the team at ISSS. They will provide support on a wide range of issues and are the only team fully qualified to give advice on issues relating to student or other types of visas. It is extremely important that any information or advice given to students regarding tier 4 or other visas is dispensed only by ISSS. More information on ISSS can be found at http://www.gcu.ac.uk/student/international/index.html UKBA Sponsorship Management System Authorised members of staff use the UKBA Sponsorship Management System (SMS) to carry out the day to day administrative functions necessary to comply with our sponsor obligations and duties and to communicate information to UKBA. The SMS is a Home Office designed IT system which allows sponsors like GCU to ensure compliance by for example assigning CAS and maintaining an audit trail of information reported back to UKBA. All members of staff must be compliant when dealing with issues relating to or arising from tier 4 international students. Should you be in any doubt please contact Brian Fitzsimmons the GCU/UKBA Compliance Officer on x 1066 or at b.fitzsimmons@gcu.ac.uk Student Attendance, Monitoring and Reporting It is the responsibility of the University as the tier 4 sponsor to monitor the progress and attendance of all sponsored students during the length of their programme of study at GCU. This includes students at all levels; Undergraduate, Post Graduate Taught and Post Graduate Research. It is also the responsibility of the University to report to UKBA any failure on the student s behalf in fulfilling their requirements as set out in the UKBA sponsors guidance at: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/p bsguidance Page 5
and the University Guidance on Student Attendance, Monitoring and Reporting at: http://www.gcu.ac.uk/guidelinesandpolicies/ Time Spent Studying In the UK A student, studying at degree level and above, can spend no more than 5 years, during their lifetime, studying in the UK under tier 4. There are exceptions to this rule. For a full listing of exceptions and a more in depth explanation please go to: http://www.gcu.ac.uk/staff/index.html and click on the PBS Guidance link. English Language Requirements All students who are issued a CAS must be competent in English language at a minimum of B2 on the Common European Framework of Reference for Language (CEFR). All Higher Education Institutions are allowed to choose their own way of assessing that competency. However they must ensure that all students are proficient to level B2 in each of the four components; speaking, listening, reading and writing. It should be noted that an Entry Clearance Officer now has the right to refuse entry to any student who cannot speak English to the required standard as stated in the immigration rules. Academic Progression Academic progression is not a concern if this is the student s first programme of study in the UK. However it becomes a concern if it is not. To show academic progression the student s new programme of study should normally be above the level of the previous programme of study for which the UKBA gave them permission to stay in the UK as a student. UKBA recognise that academic progression may involve further study at the same level. However in such cases the new programme of study must complement the previous one. It may also be the case that in rare circumstances Academic Progression may involve further study at a lower level. Changing a Programme of Study A student is allowed to change their programme of study without informing or seeking permission from UKBA as long as they stay with the same sponsor and as long as they meet the admissions criteria. If the new programme is longer than the previous then the student will have to apply for an extension of their permission to stay. This can be done immediately or shortly before their existing permission expires. If the students new programme is shorter than the previous then UKBA must be informed immediately. Page 6
Changing Sponsor (Institution) When a student changes to a new programme of study with a different sponsor they must apply again under tier 4, with a CAS from their new sponsor. They must not start their new programme until UKBA have approved their application unless the new sponsor has HTS status and has assigned them a CAS and they applied to UKBA before their existing permission to stay expired. If a student leaves their original sponsor before UKBA approves their new application they may not be able to return to the course with their original sponsor if UKBA refuse their application. Student Work Placement Tier 4 students may undertake work placement provided that it is approved by the University and is clearly defined as part of the programme structure. The work placement must not exceed 50% of the total length of the programme and it must also be an assessable part of the programme. For example if the course is a year in length then the work placement element cannot be more than 6 months in total. The work placement period can be split up into sections but the important principle is that the total must never exceed 50% of the total length of the programme. The only exception to the 50% rule is where there is a statutory requirement for a programme to contain a work placement period which exceeds the 50% limit. It should be noted that a professional body requirement would not meet UKBA requirements even if the statutory body doesn t list a percentage. The work placement element can be part time or full time, paid or unpaid (not voluntary), in country or out of country. It is the responsibility of the University to ensure that all placement providers and locations have been properly vetted in advance of any students being placed. In vetting the providers, Schools and Departments must ensure that they are fully compliant with EU and UK law and those providers are fully aware of the requirement to comply with UKBA reporting regulations. The University will be responsible for the student throughout the entirety of the work placement period and must continue to comply with all their sponsor duties during this time. As such the University must ensure that the student continues to comply with the requirements of their programme of study including attendance and taking a full and assessable part in their placement. It is also the responsibility of the University to ensure that the appropriate monitoring and where necessary reporting procedures are in place. These procedures must be auditable and fully documented. Page 7
Student Working Hours During term time and out with any placement period tier 4 students are allowed to work part time which is up to a maximum of 20 hours in any single week. This is not an average of 20 hours but a fixed maximum for any single week. During vacation time and the visa grace period tier 4 students are allowed to work full time. Full time is whatever the employer deems as long as they are not contravening UK and EU law and are remaining UKBA compliant. During the placement period a tier 4 student can, in addition to whatever hours they are contracted to work with their placement provider, work part time. Vacation time is identified in the trimester calendar as Inter Semester breaks and Spring break. http://www.gcu.ac.uk/theuniversity/calendar/ Visa grace period is the time at the end of a student s visa (over and above the length of their course) which is granted by UKBA to allow students to work full time and to take care of issues such as resits, graduation, personal affairs etc. Dissertation/Final Project Write Up Period In line with UKBA guidance tier 4 students are required to be in attendance at GCU for the full duration of the length of their programme of study. These dates are clearly stated in the students CAS as the course start date and the course end date. However tier 4 students can request to write up and submit their dissertation from their home country, from another address in the UK or from their term time address in the UK without attendance. The granting of such requests must be the exception and not the rule. The School will approve or refuse the request based on UKBA guidance and their own criteria, usually academic. If the request is approved then the School must be confident that it can maintain its sponsor duties towards the student during this period thus maintaining compliance and apply the following: Write up and submit from home country Before student departure both parties must agree a study plan which they consider reasonable and must include a schedule of agreed contacts; could include email, telephone, face to face, video conferencing etc. The student s records must be updated to include the change of term time address (ISIS). An example of a schedule of agreed contacts (to be included in the study plan)for a 12 week dissertation write up period could include weekly progress reports via email, Page 8
4 weekly submission of works via email and a video conference or telephone call every 6 weeks; this is for both parties to decide so long as it s reasonable and auditable. UKBA will be informed. The student s visa will be revoked. Once out of the UK the student would require another visa should they wish to re-enter. Write up and submit from elsewhere in the UK As above with regards to the study plan and the agreed schedule of contacts. However in the above scenario it may not be reasonable to ask for face to face meetings but in this scenario it certainly would be. The student s records must be updated to show the change of term time address (ISIS). UKBA would be informed that the student has changed address within the UK. Their visa status would remain intact. Write up and submit from term time address but without attendance As above with regards to the study plan and agreed schedule of contacts. However with this scenario there would a requirement to have face to face meetings on a regular basis. There is no requirement to inform UKBA. IN ALL SCENARIOS LISTED ABOVE THE MEASURES AGREED MUST BE AUDITABLE AND FULLY DOCUMENTED AND STORED IN A SECURE ENVIRONMENT. A COPY OF ALL AGREEMENTS, INCLUDING THE INITIAL REQUEST FROM THE STUDENT, MUST BE KEPT IN THE STUDENTS FILE. Student Absence for a Prolonged Period Where a student is going to be absent for a prolonged period the University can classify this as an Authorised Absence. However it is for the University to judge whether the student will be able to pick up and resume their studies without the need to repeat previous study. If repeat study is required then the student will be advised to defer or take time out from their studies. In either case UKBA will need to be informed. This will result in the student s visa being revoked and they will be required to return home. When and if a student wishes to resume their studies they will have to apply for another CAS in order to make a new visa application. Page 9
If a student requests an authorised absence, is refused and takes it upon themselves to be absent then the School has to follow due process. The student will have to be reported to UKBA as they have broken the conditions laid out in the UKBA tier 4 guidance. The definition of a prolonged period is for the School to make. It could be the case that for a weak student a prolonged period absent from their studies could be as little as one week and for a stronger student it could be 3 weeks; this is for the School to decide. Examination Resits Tier 4 students are permitted to re-sit any part of their course no more than twice except in exceptional circumstances and excluding special factors. Extra attempts are at the discretion of the assessment board. When a student does not have any modules to undertake during a trimester, due to resits, then they must return home and apply to re-enter the UK at the next most suitable entry point. This is commonly referred to as Resits without attendance. Sponsorship Ends The University has a duty to inform UKBA of any student who formally withdraws or is withdrawn from their studies or who defers their studies. UKBA must be told within 10 working days of them doing so. If the University stops sponsoring a student for any other reason UKBA must also be informed within 10 working days. If a student decides to defer their studies after arriving in the UK then their permission to stay will no longer be valid as there are not actively studying. As well as informing UKBA the student must be advised to leave the country and when they are ready to resume their studies, apply for a new CAS to make a fresh visa application. Page 10
UKBA Compliance: Central Support Staff enquiries should be directed to the University s UKBA Compliance Officer Brian Fitzsimmons at b.fitzsimmons@gcu.ac.uk or on x1066 UKBA/SAS Officer: Glasgow School for Business and Society Laura Wilson L.J.Wilson@gcu.ac.uk or on x3091 Overseas Partnership Officer: School for Health and Life Sciences Chen Zhang Chen.Zhang@gcu.ac.uk or on x1798 Overseas Partnership Officer: School of Engineering and Built Environment Elaine Cabrey Elaine.Cabrey@gcu.ac.uk or on x1131 International Student Support Service The first point of contact for all International student enquiries is the International Student Support Service (ISSS) which is located next to the George Moore Reception area. ISSS can be contacted at isss@gcu.ac.uk or on x 1244. Student Records Student Records can be contacted at studentrecords@gcu.ac.uk or on x 3338 Page 11