The Student Route under PBS

1. The Student Route under PBS Association of American Study Abroad Programmes-UK Annual General Meeting

2. Outline • The UK’s current experience of the student route and why it needs changing from an immigration perspective • AASAP-UK’s current concession and why it is being abolished • How we intend to use Tier 4 to tackle current problems • What is in Tier 4 for AASAP-UK? • Implementation of Tier 4 • Student Visitor route • Accompanying Academics

3. The Existing Student Route is open to abuse. Why? • REASON 1: RELATIVE EASE OF ACCESS TO CURRENT REGISTER • The lack of any quality assurance measure is a weakness to the current Register of Education & Training Providers (REP). • An unknown number of private institutions is operating largely to provide low quality teaching to those wishing to enter or remain in the UK as students whilst working illegally. • DIUS estimate 2,000 unaccredited institutions are on the current REP. • UKBA’s resources are occupied carrying out reactive, intelligence-led visits to suspect colleges. 143 colleges removed up to end of February 08. • UKBA’s resources could be better spent if such colleges had not been allowed onto the REP in the first place.

4. Why is the Existing Student Route open to abuse? • REASON 2: • Sandwich courses are long-established in the UK in the higher education sector, but the current instructions on such courses mean that this area is seen as an easy way of recruiting “workers” rather than students. Such providers have more in common with employment agencies rather than education establishments. • EXAMPLES: • English language courses: 2 weeks of language tuition at the start and end of the course, interspersed with a 10-month work placement – generally in the hospitality sector for a qualification in “work experience”. • NVQ courses in social care: ”students” work full time in a care home because 15 hours “study” are made up of “supervised practice” towards a low level social care qualification

5. Why is the Existing Student Route open to abuse? • REASON 3: • Current student visas do not tie the student to a particular institution. When they leave an institution no one knows whether they have switched to another institution and remain a student or whether they have disappeared and are therefore remaining in the UK in breach of their student conditions.

6. How is the threat of this abuse limited now? • The current rules allow ECOs to refuse student applications on for the following reasons: • using false documents, • lack of funds, • failing an “intention and ability to study” test; • failing an “intention to leave” test; and • Studying at an institution which is not on the REP • Globally the refusal rate for Student entry clearance applications is 31% and has remained fairly constant at this level despite the introduction of the DIUS REP.

7. AASAP • Within this, for many years the UK has welcomed those American HEIs who have chosen to send their students here for periods of study. • More recently, it also came to light that significant numbers of US students were entering the country purely to undertake unpaid work placements without doing any study or very little study while in the UK. • Such placements are not in line with the current immigration rules for students nor, as they are unpaid, are they currently compliant with our National Minimum Wage legislation (the exemption for work experience placements to be unpaid currently extends only to UK degree students).

8. AASAP-UK Concession • Rather than refuse all such students entry to the UK for not meeting the Immigration Rules, a specific concession was introduced for the Association of American Study Abroad Programmes (AASAP). • The concession was introduced as a temporary measure whilst our wider treatment of students was reviewed as part of our plans for the introduction of the new points based system (PBS) . • The concession will be abolished when Tier 4 (Students) of the PBS is introduced. It needs to be abolished as it is discriminatory – treating one group of students more favourably than all others.

9. Tier 4: Sponsor Register & Accreditation • In order to bring students from outside the EEA to the UK all education providers will need to be licensed by UKBA on a new Sponsor Register. To join the Sponsors’ Register all Education Institutions will need to demonstrate they are a bona fide institutions: • That aspublicly funded institutionsthey have been inspected or audited bythe Quality Assurance Agency for Higher Education or Ofsted or its devolved equivalents; or • That as private schools providing education for children up to the age of 18 they have been inspected by Ofsted or the Independent Schools Inspectorate (ISI); or • That as private institutions they either: • hold valid accreditation from an accreditation body approved by the UK Border Agency; or • that they have passed an inspection by the Office for Standards in Education (Ofsted) OR….

10. Tier 4: Accreditation • An overseas HEI solely offering short-term study abroad programmes in their own premises in the UK to students who are enrolled in their home country and who come to the UK for one or two semesters before returning home to complete their degree courses – such providers can benefit from a concession where they will qualify to apply for registration on the Sponsor Register if they can show: • they hold overseas accreditation from a nationally recognised accreditor; • they only teach part of their HE programmes in the UK; • they have full legal control of the premises they use; and if • UKBA is able to confirm that their programmes are UK degree level equivalents.

11. Tier 4: Courses with Work-placements • The course will need be taught in the UK at an institution on the Sponsor Register. • Any work placement will need to form an integral and assessed part of the course; • The course should lead to a UK qualification based at NQF level 3 or above or an overseas degree recognised as being at a UK equivalent degree-level by NARIC; • Study (teaching) must be in the form of direct instruction from a suitably qualified lecturer/ teacher; and • the total proportion of work experience allowed for courses under the PBS may not exceed one half of the total course length ;or • for students studying overseas and completing part of their programme in the UK, it may not be more than 50% of the academic period spent in the UK.

12. Tier 4: Sponsorship • Sponsors will need to issue their students with a Confirmation of Acceptance for Studies (CAS) to use when they make their entry clearance applications. Students will be tied to that institution. They will need to make an application to UKBA if they decide to change institution and will require a new Sponsor and CAS. • The education provider as the student’s sponsor will have to comply with certain responsibilities in order to remain on the SR including: • Keeping a copy of all students’ passports showing evidence of his or her entitlement to study • Keeping the student’s contact details and updating them as necessary. • Reporting to UKBA within 10 working days of the end of the enrolment period any students who have failed to enrol • Reporting students who are absent from study for more than 10 working days, without the sponsor’s reasonably granted permission • Reporting within 10 working days students who discontinue their studies, and • Reporting any significant changes in the student’s circumstances, for example if the duration of a course of study shortens.

13. What is in this for AASAP? • Although your specific concession is being abolished the new general student route should be sufficient to allow most of your programmes to continue in the UK: • If you run your programmes directly here in the UK you will not need any additional accreditation to apply for a sponsor licence for our Sponsor Register (3rd parties will need UK accreditation); • Your programmes with work-placements can still be run provided your students spend 50% of their academic time in the UK on studies – the rest can be spent working (eg. 12 week programme can include 6 weeks work-placement) • Your programmes no longer have to abide by the 15 hour rule of organised daytime study – you can run your HE programmes in the way that you see fit. We are treating your programmes on a par with UK degree programmes • We are working with DIUS and BERR to ensure that the NMW exemption which currently exists for UK HE students is extended to your students

14. Implementation of Tier 4 • The Implementation Plan is due to be published at the end of October. Still subject to change but, essentially, the IT (Sponsor Management System) will be de-coupled from the main policy changes. A phased implementation is being proposed: • Phase 1: Already started: since 28 July, colleges and universities have been able to apply to register as sponsors. • Phase 2: From 1st quarter 2009, all students applying for a student entry clearance or extension of stay will be assessed under the new Tier 4 rules. Without a Confirmation of Acceptance for Studies (CAS) they will need to have a letter showing they have a place to study from their sponsoring institution in the UK (which includes the sponsor licence no.) and show sufficient funds. Their EC/visa will tie them to that institution. We will also implement other key rules changes in relation to level of course and courses with work placements to tighten up the system. 4 year max also introduced but no more intentions tests. • Phase 3: In autumn 2009: begin trialling the new IT with sponsors using the Sponsor Management System to issue the more secure CASs (with a unique identifier number) and to fulfil their sponsorship duties to report if a student fails to enrol/attend. Will apply ONLY to students applying for extensions in the UK at this point. • Phase 4: Tier 4 fully implemented for all institutions for all applicants in-country and out of country in February 2010.

15. Student Visitor Route • Key Points: • Remains outside of PBS • Is a visitor route • Student visitors cannot work or do work paid or unpaid as part of a course • Student visitors will nonetheless need to show that they are studying at an appropriately accredited institution IF their institution in the UK is NOT on the Sponsor Register

16. Accompanying Academic Staff A number of routes are available depending on the time spent in the UK : Staff coming for less than 6 months will be able to enter as Business Visitors (without seeking prior entry clearance)- NO FURTHER EXTENSION POSSIBLE FROM WITHIN THE UK Staff coming for more than 6 months will need to seek entry clearance either as: a Skilled worker (sponsored by the institution in the UK) under Tier 2 of PBS; or A highly skilled migrant under Tier 1 of PBS (no sponsorship required but higher points required). 16