Tier 4 Compliance Visits Experiences and Requirements Jon Pink Academic Registrar, University of Kent

UKBA Tier 4 Compliance Visits Sponsor Duties - 1 When do sponsor’s duties start and finish?  when the sponsor notifies us that the student has ceased to be in their employment or on his/her course of study; or  when the student leaves the United Kingdom and his/her entry clearance or leave to remain lapses; or  when the student is granted further leave to remain with a different sponsor or in another immigration category; or  if the sponsor surrenders its licence; or  if we withdraw the sponsor’s licence. Page 2

UKBA Tier 4 Compliance Visits Sponsor Duties - 2 Duties that apply to all sponsors  Record keeping  Reporting  Complying with the law  Co-operating with the UKBA Specific Duties under Tier 4  Issuing Confirmation of Acceptance for Studies  Ensuring minimum language requirements are met  Maintain appropriate Accreditation  Offer courses which comply with UKBA conditions  Child category specific duties Page 3

UKBA Tier 4 Compliance Visits Sponsor Duties - 3 Appendix D (last page Tier 4 specific) to the Guidance sets out the documents sponsors must keep (excluding child route)  Copy of all sponsored migrant’s passport pages showing all personal identity details (including biometric details), leave stamps, or immigration status document including their period of leave to remain (permission to stay) in the United Kingdom. This must show the migrants entitlement to study with a licensed sponsor in the United Kingdom.  Copy of the migrants United Kingdom Biometric Card.  Record of the migrant’s absence/attendance, this may be kept either electronically or manually. Page 4

UKBA Tier 4 Compliance Visits Sponsor Duties - 4 Appendix D (last page) to the Guidance sets out the documents sponsors must keep (exclud child route)  A history of the migrant’s contact details (United Kingdom residential address, telephone number, mobile telephone number). This must be updated regularly.  Where the student’s course of study requires him/her to hold an Academic Technology Approval Scheme (ATAS) clearance certificate, the sponsor must keep a copy of the certificate or the electronic approval notice received by the sponsor, from the Foreign and Commonwealth Office.  Copies (or originals where possible) of any evidence assessed by the sponsor as part of the process of making an offer to the migrant. For example copies of references, examination certificates etc Page 5

UKBA Tier 4 Compliance Visits HE Sector Visit Experiences - Kent Kent had an introductory visit to meet the HTS Account Manager and a Visiting Officer Kent was told they should have:  Signed and dated copies of the front cover of the passport,  Signed and dated copies of the details page of the passport,  Signed and dated copies of the visa pages from the passport.  This applies to all students with visas, even those not on Tier 4 visas  All copies must be updated at least every 12 months Page 6

UKBA Tier 4 Compliance Visits HE Sector Visit Experiences - Kent Kent:  Did not keep signed and dated copies of the front cover of the passport,  Does keep copies of the details page of the passport as part of admissions (not signed or dated)  Does keep digital copies of the visa pages from the passport, these are date and staff id stamped  Only keeps documents for Tier 4 visa students  Does not update copies at least every 12 months In the Visiting Officers view we would not pass a compliance test Page 7

UKBA Tier 4 Compliance Visits HE Sector Visit Experiences – SOAS SOAS had a Post License Inspection Visit T4 and were told:  should check T4 visas annually because they might have been "curtailed" by an immigration officer if a student left and then re-entered the UK, UKBA won’t tell sponsors!  should have a process for reminding students to renew their visas if they expire mid-programme Page 8

UKBA Tier 4 Compliance Visits HE Sector Visit Experiences – SOAS View after the Inspection  The continuing inconsistent expansion of compliance requirements, apparently on the hoof and without any legitimacy (e.g. the annual visa check). As a sector we are very good at compliance, but we do need to know what the rules are and they do need to be reasonable.  The overlap with other regulatory requirements and the resulting duplication of effort (e.g. having to prove that we are accredited, demonstrating that we have the right to occupy our buildings, providing student numbers and completion rates...). This is such a waste of public money. Page 9

UKBA Tier 4 Compliance Visits Case Study The University of Cambridge had a compliance visit on 26 and 27 Jan 2011 The outcomes are still to be known Catherine Fage, PBS Officer will talk about Cambridge's experience of the visit. Page 10

UKBA Tier 4 Compliance Visits UKBA Policy View UKBA policy officers have confirmed, in s, a different view from local visiting officers  No requirement for copies of documents to be signed and dated (though would be good practice)  No requirement for keeping documents for non-Tier 4 students (though this would be helpful)  We do not have to check and copy documents every 12 months  They are aware of inconsistencies across the UK in the interpretation of the document requirements  They will contact the local office if required, some replies were copied to the HTS account manager Page 11

UKBA Tier 4 Compliance Visits Guidance for HEIs and Visiting Officers In the absence of clear guidance for Tier 4 visiting officers are using the same rules that are used for Tier 2 employees The current information is open to interpretation These issues are causing concern in HEIs and is damaging the relationship with local UKBA officers There is a clear need for a guidance publication that sets out in detail what sponsors should keep for Tier 4 compliance checks Page 12

UKBA Tier 4 Compliance Visits Discussion Page 13