1. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Tier 4 Society of Heads Annual Conference March 2016

2. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Coverage today Background and guiding principles of Tier 4 sponsorship Compliance with sponsor duties Basic Compliance Assessment (renewal of HTS) Recruitment processes including working with agents Care/living arrangements for day pupils BRPs

3. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Context and sources

4. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Context – net migration and schools Independent school sponsored visa applications up by 5%, to 14,000 Year to June 2015 Net migration up to 330,000 Year to March 2015

5. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Sponsor Guidance

6. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Tier 4 guiding principles

7. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Tier 4 regime …sponsorship is a privilege… …reputable education provider… …significant trust…

8. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents The courts agree 43 It should not be forgotten that under the PBS colleges are performing functions which used to be undertaken by entry clearance officers or other UKBA officials. There is a clear responsibility on those colleges to show that they deserve the trust which is being placed in them. R (Western Governors Graduate School) v Secretary of State for the Home Department (2013)

9. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Compliance with sponsor duties

10. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Sponsor duties – Tier 4 pupils Start and end of School’s responsibility CAS allocation Visa application Grant of visa Travel to UK Start study at partner or pre- sessional institution Start study at School End of tuition prior to exams End of exams End of final term Pupil leaves UK Or: School withdraws sponsorship Pupil receives permission to stay in the UK with a different sponsor/in another immigration category

11. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Sponsor duties - overview Record keeping Reporting

12. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Sponsor duties – common pitfalls 1.Failing to report agents to UKVI 2.Failing to keep copy of parental consent letter 3.Sharing SMS log in details 4.Sponsoring pupils for GCSE and A-level courses in single CAS 5.Failing to report non-enrolment of withdrawn pupils 6.Failing to flag up visa renewal dates 7.Failing to report deferrals mid-course 8.Failing to check whether overseas pupils need Tier 4 visas (and/or failing to keep copies of non-Tier 4 visas)

13. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Do you feel lucky?

14. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Well, do you?

15. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Sponsor duties – non-Tier 4 pupils A sponsor has a duty to … comply with all aspects of the Immigration Rules and sponsor guidance, and support immigration control, including by taking steps to ensure that every student at your institution has permission to study in the UK throughout the whole period of their study …

16. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Basic Compliance Assessments (HTS renewals)

17. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Basic Compliance Assessments – the key thresholds 91 visas82 enrolments70 finishers For every 100 applicants…

18. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents When things go wrong

19. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents When things get worse  Written notice from UKVI commencing revocation action  20 working days to respond  No right of appeal  Two year ban for sponsor and key personnel  Licence revocation in other Tiers (2, 5)  Pupils will have leave curtailed to 60 calendar days

20. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Sponsor duties – self-audit  Do you ask applicants about their immigration history?  Do you check applicant bank statements?  How do you monitor pending visa applications?  Do you report visa refusals as non-enrolments?  How do you know about reportable events at partner institutions?  When do you report absences to UKVI?  Do you have a parental consent letter for each sponsored pupil?  Do you know the visa expiry date for each sponsored pupil?  What evidence do you keep of pupils who don’t complete their sponsored course?  How do you flag up whether enrolling pupils might need a visa to study in the UK?  Does your parent contract allow you to share information with UKVI and terminate the contract if a pupil has no valid leave to remain?

21. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Recruitment and living arrangements

22. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Issuing the right CAS …or General visa

23. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Permissible living arrangements for day pupils 16/17 year olds may live independently Under 12 year olds may live with accompanying parent Close relative who is UK resident Private foster carer who is UK resident parent, grandparent, brother, sister, step-parent, uncle (brother or half- brother of your parent) or aunt (sister or half-sister of your parent) in each case aged 18 or over Commonly encountered situations…  15 year old living with ‘auntie’  Younger sibling living with older sibling  Parent on visitor visa Don’t confuse what UKVI accepts with what school permits

24. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Biometric Residence Permits

25. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents BRPs – the basics  Rollout last year, ending July  30 day vignette  Collection within 10 days  Responsible adult to accompany under 18s  Schools may receive BRPs for sponsored pupils

26. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents BRPs – common situations  Alternative Collection Location (ACL)  Standing Authority for 3 rd Party Collection  Failure to collect within 10 days of arrival  Enrolment by schools using visa vignette only  Retention of BRPs at Post Offices for 60 days

27. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents How VWV can help

28. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Tier 4 products and services  Compliance Checklists  Tier 4 Guidance Packs  Tier 4 outsourcing

29. www.vwv.co.uk | Offices in London, Bristol & Birmingham Lawyers & Parliamentary Agents Matthew Burgess Partner mburgess@vwv.co.uk 0117 314 5338