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Tier 4 Briefings - an update on student visas (November 2013)

Tier 4 Briefings - an update on student visas (November 2013). Sally Saca, Head of ISAT Alex Lewis, Immigration Compliance Officer. Today. Brief overview of recent changes to the Tier 4 student route Changes that have taken place to university processes to ensure compliance . The Tiers.

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Tier 4 Briefings - an update on student visas (November 2013)

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  1. Tier 4 Briefings - an update on student visas (November 2013) Sally Saca, Head of ISAT Alex Lewis, Immigration Compliance Officer

  2. Today Brief overview of recent changes to the Tier 4 student route Changes that have taken place to university processes to ensure compliance

  3. The Tiers

  4. Sponsor Duties • Brookes is a 'Highly Trusted Sponsor' • As a sponsor, we issue 'Confirmations of Acceptance for Studies' (CAS) to students to apply for a Tier 4 (General) Student Visa • Students obtain a 'Brookes' visa • Obligations - record keeping, monitoring attendance, reporting (non enrollment, changes of circumstances, refusals)

  5. Changes since July 2012 • Overstayers - the applicant has stayed in the UK beyond the leave they were granted • From October 1 2012 - if period of overstay is for more than 28 days, extension applications are now automatically refused, if applying in the UK • If the period of overstay is 90 days or more, applicants applying for entry clearance, will face a ban of a minimum of 1 year from returning to the UK • From October 1 2012 - gap between the end of an applicant’s leave and the start date of the course must be no more than 28 days

  6. Credibility Interviews • Now part of the Tier 4 student application process overseas (to be introduced in the UK) • Interviews are 4-5 minutes long, and are conducted via video link with the Home Office in the UK • If students fail this interview they are asked to attend a longer face to face interview in an application centre in their country • If refused - very difficult to make another application for study in the UK

  7. Students and work • Max 20 hours a week during term time (degree level and above) • Full time during 'vacation' • Placements - not more than 50% • Full time at the end of course (4 months for courses of 1 year plus) • Tier 2 for graduate level jobs paying at least £20,300 • Tier 1 Graduate Entrepreneur Scheme • New 6 April 2013 - Doctorate Extension Scheme

  8. Doctorate Extension Scheme • Students completing PhD programmes can apply to extend for 12 months to gain experience in their field • Applications must be made in the UK • Students must have Tier 4 leave • Universities still need to sponsor and monitor their students

  9. To be introduced • Removal of appeal rights - for extension applications in the UK - to be replaced by admin review with fee attached. Decisions reconsidered by Home Office with no independent tribunal • NHS charging - possibly £150 for students, Currently at House of Commons Committee stage. (dependents could be £200) • Housing Immigration Status check - landlords to check status - £3000 fine if found to have no permission to stay in the UK

  10. Approved Temporary Withdrawal • Maternity leave, health problems, problems at home etc • The period which students are taking ATW will be reported to the UKBA • They should return home asap • They will receive a letter to say their leave will be curtailed in 60 days, if their ATW is for more than 2 months • Students need to obtain a new visa in their country to return to the UK and re-commence study • Students considering ATW, should be referred to ISAT for immigration advice

  11. Changes at Brookes • ISAS has now become ISAT - International Student Advice Team • ISAT is one of the teams that make up ‘Student Central’ • Will be located in the JHBB, when it opens… • Immigration Compliance Officer post created and Alex Lewis took up post in January 2013 • The post is located within the ISAT team

  12. H.E.A.T • Higher Education Assurance team has been created • Specific responsibility for auditing HEI’s • Audits can announced or unannounced • Audits will sample 10-20% of Tier 4 students • Will be participating in new co-regulation steering group

  13. Internal Audit and Spotchecks • KPMG conducted a full audit in February 2013 • Framework for conducting spotchecks was developed as a result • Spotchecks occur roughly every 2 months and issues are reported to PBS Advisory Group. • Key to ensuring ongoing compliance with the regulations

  14. PGT Recordkeeping process • Clearly defined process has now been created and implemented. • First run this semester successfully captured the required copies from September entrants. • Copies of the process can be emailed to interested staff.

  15. Tier 4 regulations • Designed to increase staff and student knowledge of Tier 4. • Newly implemented this semester • ‘Regulations on compliance with Tier 4 rules’ located in section D of the regulations. • For more information on any of the regulations covered please contact ISAT@brookes.ac.uk

  16. CAS policy, Training policy & Training register • CAS policy pulls together rules, policies and procedures for a clearer picture at audit. • CAS issuance central to Sponsor duties • Training register and policy designed to evidence staffs ability to issue CAS on an ongoing basis

  17. Tier 4 Check-in process • Strengthens recordkeeping systems and adds a mid semester check-point to attendance monitoring policy • Runs in semesters 1 & 2 between weeks 6 & 7 each year • Documented follow up process to pick up non-compliance • Detailed in the University regulations under section D

  18. ISAT • Early warning emails sent to students at monthly intervals prior to visas expiry • Advisors follow up students who have not taken action to extend their visa • Student batch scheme check and sends off applications for students • Safer applications for students, lower refusal rates & higher levels of compliance as a result

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