Tier 4 Compliance VisitsExperiences and Requirements
Jon Pink
Academic Registrar, University of Kent
UKBA Tier 4 Compliance VisitsSponsor Duties - 1
•When do sponsor’s duties start and finish?
when the sponsor notifies us that the student has ceasedto be in their employment or on his/her course of study; or
when the student leaves the United Kingdom and his/herentry clearance or leave to remain lapses; or
when the student is granted further leave to remain with adifferent sponsor or in another immigration category; or
if the sponsor surrenders its licence; or
if we withdraw the sponsor’s licence.
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UKBA Tier 4 Compliance VisitsSponsor 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
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UKBA Tier 4 Compliance VisitsSponsor Duties - 3
•Appendix D (last page Tier 4 specific) to theGuidance sets out the documents sponsors mustkeep (excluding child route)
Copy of all sponsored migrant’s passport pages showingall personal identity details (including biometric details),leave stamps, or immigration status document includingtheir period of leave to remain (permission to stay) in theUnited Kingdom. This must show the migrants entitlementto 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 bekept either electronically or manually.
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UKBA Tier 4 Compliance VisitsSponsor Duties - 4
•Appendix D (last page) to the Guidance sets out thedocuments sponsors must keep (exclud child route)
A history of the migrant’s contact details (United Kingdomresidential address, telephone number, mobile telephonenumber). This must be updated regularly.
Where the student’s course of study requires him/her tohold an Academic Technology Approval Scheme (ATAS)clearance certificate, the sponsor must keep a copy of thecertificate or the electronic approval notice received by thesponsor, from the Foreign and Commonwealth Office.
Copies (or originals where possible) of any evidenceassessed by the sponsor as part of the process of makingan offer to the migrant. For example copies of references,examination certificates etc
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UKBA Tier 4 Compliance VisitsHE Sector Visit Experiences - Kent
•Kent had an introductory visit to meet the HTSAccount 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 Tier4 visas
All copies must be updated at least every 12 months
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UKBA Tier 4 Compliance VisitsHE Sector Visit Experiences - Kent
•Kent:
Did not keep signed and dated copies of the front cover ofthe passport,
Does keep copies of the details page of the passport aspart of admissions (not signed or dated)
Does keep digital copies of the visa pages from thepassport, 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 acompliance test
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UKBA Tier 4 Compliance VisitsHE Sector Visit Experiences – SOAS
•SOAS had a Post License Inspection Visit T4 andwere told:
should check T4 visas annually because they might havebeen "curtailed" by an immigration officer if a student leftand then re-entered the UK, UKBA won’t tell sponsors!
should have a process for reminding students to renewtheir visas if they expire mid-programme
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UKBA Tier 4 Compliance VisitsHE Sector Visit Experiences – SOAS
•View after the Inspection
The continuing inconsistent expansion of compliancerequirements, apparently on the hoof and without anylegitimacy (e.g. the annual visa check). As a sector we arevery good at compliance, but we do need to know what therules are and they do need to be reasonable.
The overlap with other regulatory requirements and theresulting duplication of effort (e.g. having to prove that weare accredited, demonstrating that we have the right tooccupy our buildings, providing student numbers andcompletion rates...). This is such a waste of public money.
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UKBA Tier 4 Compliance VisitsCase Study
•The University of Cambridge had a compliance visiton 26 and 27 Jan 2011
•The outcomes are still to be known
•Catherine Fage, PBS Officer will talk aboutCambridge's experience of the visit.
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UKBA Tier 4 Compliance VisitsUKBA Policy View
•UKBA policy officers have confirmed, in emails, adifferent view from local visiting officers
No requirement for copies of documents to be signed anddated (though would be good practice)
No requirement for keeping documents for non-Tier 4students (though this would be helpful)
We do not have to check and copy documents every 12months
They are aware of inconsistencies across the UK in theinterpretation of the document requirements
They will contact the local office if required, some emailreplies were copied to the HTS account manager
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UKBA Tier 4 Compliance VisitsGuidance for HEIs and Visiting Officers
•In the absence of clear guidance for Tier 4 visitingofficers are using the same rules that are used forTier 2 employees
•The current information is open to interpretation
•These issues are causing concern in HEIs and isdamaging the relationship with local UKBA officers
•There is a clear need for a guidance publication thatsets out in detail what sponsors should keep forTier 4 compliance checks
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UKBA Tier 4 Compliance Visits
Discussion
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