Tier 4 Briefing Document for Staff - Glasgow Caledonian University

Glasgow Caledonian University
UKBS Points Based Sytem:
Tier 4 Briefing Document for Staff
This is a Web Document. The
Policy and Regulations governing
Tier 4 sponsorship are revised and
updated regularly by the Government.
Accordingly this document will be
updated as appropriate. If you are
reading this Briefing Document in hard
copy you are seeing the position at
the point of printing. Please check the
University Website to ensure that you
have the current version of this Briefing
Document or seek guidance from the
responsible Offices and Individuals as
listed from page 11 of this document.

Contents
Contents
Page
Introduction 3
Why, How, Where and When 4
International Student Support 5
UKBA Sponsorship Management System 5
Student Attendance and Monitoring Policy 5
English Language 6
Academic Progression 6
Changes Course within GCU 6
Change Sponsor 6
Student Work Placement 7
Student Working Hours 7
Dissertation Write up Period 8
Student Absence 9
Examinations Resits 9
Sponsorship Ends 10
International Student Contacts 11
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Information Document: Tier 4 International Students
Introduction
This document is intended as an information guide. It will assist staff in providing a
greater understanding of the processes involved when recruiting and retaining tier 4
international students using the Points Based Immigration system (PBS).
The PBS was designed by the UK government and is the means of regulating
immigration to the United Kingdom from outside the European Economic Area
(EEA). The scheme was phased in between 2008 and 2010 and is administered by
the UK Border Agency (UKBA). The PBS consists of five separate tiers, 1 through to
5. Tier 4 is the route used for migrants who want to study full time in the UK.
Glasgow Caledonian University (GCU) is licensed by the UKBA to sponsor
successful international applicants who wish to enter the UK for the purposes of full
time higher education study. GCU must comply with the appropriate tier 4
regulations under which it is licensed. Failure to do so may result in the suspension
of and/or withdrawal of its sponsors licence. GCU, in common with all other UK
Universities, currently enjoys Highly Trusted Sponsor (HTS) status. In order to retain
its HTS status, which is renewed annually, GCU must meet the UKBA HTS eligibility
requirements introduced in September 2011.
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Why, How, Where and When
Why do we sponsor international students
At GCU we provide an environment which enables the student, both home and
international, to flourish and realise their full potential by offering a variety of
innovative and specialised programmes of study with world class facilities and award
winning student support. During Academic session 2010/11 recruitment and
sponsorship of tier 4 students generated income of £10.2m. This income helps us
maintain our financial independence by decreasing our reliance on Scottish Funding
Council (SFC) income.
How do we sponsor international students
All initial applications from potential students are processed by the Student
Recruitment and Admissions Service. Any student who wishes to come to the UK
under tier 4 of the PBS must obtain a visa before they travel. A student cannot apply
for a visa or extension of stay without a Confirmation of Acceptance for Studies
(CAS) which will be issued by the University under its HTS license. A student will
only be assigned a CAS when they have been issued with an unconditional offer of a
place on a course and paid a fees deposit. Students who are already in the UK
under tier 4 can apply for an extension of their current permission to stay; this is
called further leave to remain and they require and extension CAS. Extension CAS
are processed by the Student Records team.
Where do we recruit international students from
We recruit international students from countries out with the EEA. Students from
within the EEA do not require a tier 4 visa. Below is a link listing the EEA countries
and members. http://en.wikipedia.org/wiki/European_Economic_Area#Membership
When do we sponsor international students
We can sponsor an international student anytime as long as their permission to be in
the UK is valid. That is, the “valid from date” on their visa precedes the course start
date on their CAS. It is not possible for a student to have a visa which has a “valid
from date” which is after the course start date. There are traditionally 2 windows
when the majority of international students arrive in the UK and enrol on their course;
September and February.
Below is a link to the latest Tier 4 UKBA sponsor guidance which specifies the
regulatory framework within which the University must operate in order to meet its
statutory requirements and obligations as an HTS institution.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/p
bsguidance
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International Student Support/Points of Contact
How do we support international students
Support for staff with tier 4 and international student responsibilities should be
directed in the first instance to Brian Fitzsimmons the GCU/UKBA Compliance
Officer on x 1066 or at b.fitzsimmons@gcu.ac.uk
Support for tier 4 and international students at the point of entry and at the point of
contact is provided by International Student Support Service (ISSS) isss@gcu.ac.uk
Members of staff should refer international students, in the first instance, to the team
at ISSS. They will provide support on a wide range of issues and are the only team
fully qualified to give advice on issues relating to student or other types of visas. It
is extremely important that any information or advice given to students regarding tier
4 or other visas is dispensed only by ISSS.
More information on ISSS can be found at
http://www.gcu.ac.uk/student/international/index.html
Complying with our UKBA Tier 4 responsibilities
UKBA Sponsorship Management System
Authorised members of staff use the UKBA Sponsorship Management System
(SMS) to carry out the day to day administrative functions necessary to comply with
our sponsor obligations and duties and to communicate information to UKBA. The
SMS is a Home Office designed IT system which allows sponsors like GCU to
ensure compliance by for example assigning CAS and maintaining an audit trail of
information reported back to UKBA.
All members of staff must be compliant when dealing with issues relating to or
arising from tier 4 international students. Should you be in any doubt please contact
Brian Fitzsimmons the GCU/UKBA Compliance Officer on x 1066 or at
b.fitzsimmons@gcu.ac.uk
Student Attendance, Monitoring and Reporting
It is the responsibility of the University as the tier 4 sponsor to monitor the progress
and attendance of all sponsored students during the length of their programme of
study at GCU. This includes students at all levels; Undergraduate, Post Graduate
Taught and Post Graduate Research. It is also the responsibility of the University to
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eport to UKBA any failure on the student’s behalf in fulfilling their requirements as
set out in the UKBA sponsors guidance at:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/p
bsguidance
and the University Guidance on Student Attendance, Monitoring and Reporting at:
http://www.gcu.ac.uk/guidelinesandpolicies/
English Language Requirements
All students who are issued a CAS must be competent in English language at a
minimum of B2 on the Common European Framework of Reference for Language
(CEFR). All Higher Education Institutions are allowed to choose their own way of
assessing that competency. However they must ensure that all students are
proficient to level B2 in each of the four components; speaking, listening, reading
and writing.
Academic Progression
Academic progression is not a concern if this is the student’s first programme of
study in the UK. However it becomes a concern if it is not. To show academic
progression the student’s new programme of study should normally be above the
level of the previous programme of study for which the UKBA gave them permission
to stay in the UK as a student. UKBA recognise that academic progression may
involve further study at the same level. However in such cases the new programme
of study must complement the previous one. It may also be the case that in rare
circumstances Academic Progression may involve further study at a lower level.
Changing a Programme of Study
A student is allowed to change their programme of study without informing or
seeking permission from UKBA as long as they stay with the same sponsor and as
long as they meet the admissions criteria. If the new programme is longer than the
previous then the student will have to apply for an extension of their permission to
stay. This can be done immediately or shortly before their existing permission
expires.
If the students new programme is shorter than the previous then UKBA must be
informed immediately.
Changing Sponsor (Institution)
When a student changes to a new programme of study with a different sponsor they
must apply again under tier 4, with a CAS from their new sponsor. They must not
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start their new programme until UKBA have approved their application unless the
new sponsor has HTS status and has assigned them a CAS and they applied to
UKBA before their existing permission to stay expired.
If a student leaves their original sponsor before UKBA approves their new application
they may not be able to return to the course with their original sponsor if UKBA
refuse their application.
Student Work Placement
Tier 4 students may undertake work placement provided that it is approved by the
University and is clearly defined as part of the programme structure. The work
placement must not exceed 50% of the total length of the programme and it must
also be an assessable part of the programme. For example if the course is a year in
length then the work placement element cannot be more than 6 months in total. The
work placement period can be split up into sections but the important principle is that
the total must never exceed 50% of the total length of the programme.
The only exception to the 50% rule is where there is a statutory requirement for a
programme to contain a work placement period which exceeds the 50% limit.
The work placement element can be part time or full time, paid or unpaid (not
voluntary), in country or out of country.
It is the responsibility of the University to ensure that all placement providers and
locations have been properly vetted in advance of any students being placed. In
vetting the providers, Schools and Departments must ensure that they are fully
compliant with EU and UK law and those providers are fully aware of the
requirement to comply with UKBA reporting regulations.
The University will be responsible for the student throughout the entirety of the work
placement period and must continue to comply with all their sponsor duties during
this time. As such the University must ensure that the student continues to comply
with the requirements of their programme of study including attendance and taking a
full and assessable part in their placement. It is also the responsibility of the
University to ensure that the appropriate monitoring and where necessary reporting
procedures are in place. These procedures must be auditable and fully documented.
Student Working Hours
During term time and out with any placement period tier 4 students are allowed to
work part time which is up to a maximum of 20 hours in any single week. This is not
an average of 20 hours but a fixed maximum for any single week.
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During vacation time and the visa grace period tier 4 students are allowed to work
full time. Full time is whatever the employer deems as long as they are not
contravening UK and EU law and are remaining UKBA compliant.
During the placement period a tier 4 student can, in addition to whatever hours they
are contracted to work with their placement provider, work part time.
Vacation time is identified in the trimester calendar as Inter Semester breaks and
Spring break. http://www.gcu.ac.uk/theuniversity/calendar/
Visa grace period is the time at the end of a student’s visa (over and above the
length of their course) which is granted by UKBA to allow students to work full time
and to take care of issues such as resits, graduation, personal affairs etc.
Dissertation/Final Project Write Up Period
In line with UKBA guidance tier 4 students are required to be in attendance at GCU
for the full duration of the length of their programme of study. These dates are
clearly stated in the students CAS as the course start date and the course end date.
However tier 4 students can request to write up and submit their dissertation from
their home country, from another address in the UK or from their term time address
in the UK without attendance.
The granting of such requests must be the exception and not the rule.
The School will approve or refuse the request based on UKBA guidance and their
own criteria, usually academic. If the request is approved then the School must be
confident that it can maintain its sponsor duties towards the student during this
period thus maintaining compliance and apply the following:
Write up and submit from home country
Before student departure both parties must agree a study plan which they consider
reasonable and must include a schedule of agreed contacts; could include email,
telephone, face to face, video conferencing etc. The student’s records must be
updated to include the change of term time address (ISIS).
An example of a schedule of agreed contacts (to be included in the study plan)for a
12 week dissertation write up period could include weekly progress reports via email,
4 weekly submission of works via email and a video conference or telephone call
every 6 weeks; this is for both parties to decide so long as it’s reasonable and
auditable.
UKBA will be informed. The student’s visa would be revoked. Once out of the UK
the student would require another visa should they wish to re-enter.
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Write up and submit from elsewhere in the UK
As above with regards to the study plan and the agreed schedule of contacts.
However in the above scenario it may not be reasonable to ask for face to face
meetings but in this scenario it certainly would be.
The student’s records must be updated to show the change of term time address
(ISIS).
UKBA would be informed that the student has changed address within the UK. Their
visa status would remain intact.
Write up and submit from term time address but without attendance
As above with regards to the study plan and agreed schedule of contacts. However
with this scenario there would a requirement to have face to face meetings on a
regular basis.
There is no requirement to inform UKBA.
IN ALL SCENARIOS LISTED ABOVE THE MEASURES AGREED MUST BE
AUDITABLE AND FULLY DOCUMENTED AND STORED IN A SECURE
ENVIRONMENT. A COPY OF ALL AGREEMENTS, INCLUDING THE INITIAL
REQUEST FROM THE STUDENT, MUST BE KEPT IN THE STUDENTS FILE.
Student Absence for a prolonged period
Where a student is going to be absent for a prolonged period the University can
classify this as an Authorised Absence. However it is for the University to judge
whether or not the student will be able to pick up and resume their studies without
the need to repeat previous study. If repeat study is required then the student will be
advised to defer or take time out from their studies. In either case UKBA will need to
be informed. This will result in the student’s visa being revoked and they will be
required to return home. When and if a student wishes to resume their studies they
will have to apply for another CAS in order to make a new visa application.
If a student requests an authorised absence, is refused and takes it upon themselves
to be absent then the School has to follow due process. The student will have to be
reported to UKBA as they have broken the conditions laid out in the UKBA tier 4
guidance.
The definition of a prolonged period is for the School to make. It could be the case
that for a weak student a prolonged period absent from their studies could be as little
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as one week and for a stronger student it could be 3 weeks; this is for the School to
decide.
Examination Resits
Tier 4 students are normally permitted to re-sit examinations or repeat any part of
their course no more than twice per module; extra attempts are at the discretion of
the Assessment Board.
If a student is required to repeat modules in the corresponding semester of the
following year and their attendance is not required for the remainder of the current
year then the student will be required to go home and re-apply for entry at the next
most suitable date. A new CAS will also be required.
If the students permission to stay expires before they finish the re-sit or repeat they
must apply to extend it before their current permission expires. The School is
responsible for making the decision as to whether or not to continue sponsoring the
student based on their assessment of their ability to pass the course.
Sponsorship Ends
The University has a duty to inform UKBA of any student who formally withdraws or
is withdrawn from their studies or who defers their studies. UKBA must be told within
10 working days of them doing so.
If the University stops sponsoring a student for any other reason UKBA must also be
informed within 10 working days.
If a student decides to defer their studies after arriving in the UK then their
permission to stay will no longer be valid as there are not actively studying. As well
as informing UKBA the student must be advised to leave the country and when they
are ready to resume their studies, apply for a new CAS to make a fresh visa
application.
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UKBA Compliance
Staff enquiries should be directed to the University’s UKBA Compliance Officer Brian
Fitzsimmons at b.fitzsimmons@gcu.ac.uk or on x1066
International Student Support Service
The first point of contact for all International student enquiries is the International
Student Support Service (ISSS) which is located next to the George Moore
Reception area. ISSS can be contacted at isss@gcu.ac.uk or on x 1244.
Student Records
Student Records can be contacted at studentrecords@gcu.ac.uk or on x 3338
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