Update on UK Visa and Immigration (UKVI)

Matthew Russell Academic Registrar, Cranflled University Jon Pink Academic Registrar, University of Kent Update on UK Visa and Immigration (UKVI)

UKVI Practitioner Group – Future Meetings • Matthew has taken over Chair of the UKVI (UKBA) PG • Jon will continue as Vice-Chair • The PG will focus on operational matters relevant to practitioners • Jon will continue, at this time, to represent ARC with the Home Office • Do we need to change the focus of the PG to compliance with other PGs picking up relevant visa matters or keep it wider?

Current and emerging issues • ATAS • Turnaround time and inexperience of staff • Currency of ATAS clearance is only six months • No joined up thinking or communication between FCO and HO • ATAS a requirement for Tier 4 but not for other visas on which students can be enrolled – how “inclusive” should HEIs be? • Unclear guidance on “change of circumstances” and when ATAS clearance should be re-sought • (Possibly just an issue for Cranfield but…) no joined up thinking with MoD agencies, especially their security clearance agencies for international students coming in on military visa UKBA Compliance Visits

Current and emerging issues • Police Checks, no decision yet, Police are preparing for registration so very unlikely to be stopped for this year • India and the rupee exchange rate – current impact? • Working during a Masters dissertation period • Working after the course has finished but before visa expires • HEAT – training, operation and implications • Co-regulation steering group and its potential impact • Definition of course start and end dates • Credibility interviews – robustness, fairness operations UKBA Compliance Visits

HEAT Update and Training Programme • The HEAT has had a short day session arranged by UUK and GulidHE, QAA did a session. • The HEAT have started visiting volunteer Universities, the Universities hosting are representative of the sector • HEAT have visited Cranfield University • Have you been visited yet? • How HEAT operates is the subject of discussion at the co-regulation steering group, the Home Office are producing a document setting out the HEAT priorities and method of operation

Co-regulation Steering Group • There have been 4 meetings so far, another on Monday • The last two meetings have focused on: • changing the format of the Policy Guidance, possible 4 sections to reflect the topisc and users. • The HEAT operations • After a compliance visit how the outcomes are communicated and the sanctions to be applied • The meetings are positive and the Chair, Sonia Dower, is keen to make progress and hold Home Office staff to account • However progress is slow partly due to staff leave

Course start and end dates definition • Paragraph 452: after “course level” add “, start and end dates” • In Paragraph 453 add at the end, “ In assigning a CAS to a Tier 4 (General) student, the following definition of course start and end date should be applied: • The course start date is the date of enrolment in person or induction on the course, whichever is the earlier. • The course end date is the date by which the student is expected to have completed all academic elements of the course – taught sessions, examinations including meetings with examination boards, assessments, including oral assessments and other formal assessments, and writing and submitting dissertations or theses. In the case of PhD students, academic elements include writing and correcting theses and oral (viva) examinations, provided the sponsor is satisfied that they can continue to carry out their sponsor duties for the student.” UKBA Compliance Visits

Course start and end dates definition • It is recognised that sponsors’ academic schedules can change, and that it may therefore be difficult for you to pinpoint the end date of a course precisely when issuing a CAS. If changes to the academic timetable means that the student’s course finishes up to two weeks earlier or later than the course end date given on the CAS, this will not be considered as non-compliance with sponsorship duties. However, if there is evidence that a sponsor repeatedly gives course end dates that are significantly later than students are expected to complete their studies, that will be considered to be a breach of sponsorship duties. UKBA Compliance Visits

Course start and end dates definition • Replace Paragraphs 490 and 491: Writing up (postgraduate students) with: • 490. You may continue to sponsor a postgraduate student to write up a dissertation or thesis if you are confident that you can meet your sponsor duties for them during the period leading up to its final submission, including any oral (viva) examination. If you cannot meet your duties during this period you should tell us this, and advise the student to leave the UK. You may later assign a CAS which they may use to apply to return to the UK. You may be able to meet your sponsor duties if for instance you require their continued participation in classes or by contact.” UKBA Compliance Visits

Credibility Interviews – the set up • Members of the JET – representatives from UUK, GuildHE, UKCISA, NUS, Study UK, English UK went on visit to Sheffield in June to see interviews in practice • The interviewing operation is run from a business park in Sheffield • It is an expansive open plan office space with approximately 60 cubicles set up across it. The cubicles are three sided like the voting booths you get during elections. They allow for some privacy but are not completely enclosed • Staff sit within these cubicles to carry out the interviews. UKBA Compliance Visits

Credibility Interviews – the positives • Interviews are carried out in a friendly but professional manner • The interviews were not carried out in an intimidating manner aided by the young and casual appearance of the staff and the fact they did not have an immigration background • Staff thanked applicants for applying to come to the UK and thanked them at the end for their time (wishing them an enjoyable ‘rest of the day’) • There are clear efforts being made to promote consistency in interview procedures UKBA Compliance Visits

Credibility Interviews – the negatives • Lack of recording is a big issue • Lack of appeals process • Interviewers face a difficult task in conducting interviews and recording them simultaneously. This may lead to mistakes and inconsistencies • Interviewers are required to make a subjective judgement on the applicant and this will inform to some extent the outcome of that individual’s application • Still unclear at this stage how much information we can provide members on the content of interviews – can we explain to them the exact nature of the questions on the pro-forma or will this be viewed in a negative light (and open to coaching of applicants) UKBA Compliance Visits

Questions

Update on UK Visa and Immigration (UKVI)