University of Surrey Institutional Policy on Points-Based Immigration System as it relates to students holding Tier 4 Visas

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1 University of Surrey Institutional Policy on Points-Based Immigration System as it relates to students holding Tier 4 Visas 1. BACKGROUND In order to be able to recruit students from outside the EU, the University is required to comply with the terms of the Immigration, Asylum and Nationality Act, The University has been granted a sponsor licence by the Home Office (formally known as the UK Border Agency) permitting it to issue Confirmation of Acceptance for Studies to potential overseas/non EEA students from 22 February Since April 2010, the University has also held Highly Trusted Sponsor status which carries with it additional responsibilities in relation to the sponsorship of international students. 2. SPONSORSHIP DUTIES FOR HIGHLY TRUSTED SPONSORS The University s duties as a Highly Trusted Sponsor are as outlined below: 1. To keep a copy of all non-eu students passports showing evidence of their entitlement to study and the period they have permission to stay in the United Kingdom 2. To keep each student s contact details and update them as necessary 3. To maintain any appropriate accreditation 4. To offer courses to international students which comply with the Home Office conditions (e.g. courses with work placements must not exceed a maximum of 50% work (for a course at NQF level 6 or above), with the placement assessed as part of the course.) 5. To assign CASs only to those students we feel meet the requirements of Tier 4 and if already in the UK, hold the required Immigration permission to be here. 6. To report to the Home Office any students who fail to enrol on their course within 10 working days of the end of their prescribed enrolment period (including those who defer students and are not yet in the UK) and why, where we can determine the reason, including where their visa has been refused 7. To report any unauthorised absences where the student has missed 10 expected contacts 8. To report any students who discontinue their studies (including any deferrals of study) or who stop attending the University because they have been 1

2 withdrawn or suspended from their course, within 10 working days of this being confirmed. 9. To report any significant changes in students circumstances, for example if the length of a course of study shortens, a student completes their studies earlier than the expected end date of the course which was stated on their CAS, a student secures a visa other than Tier 4 (i.e. a work visa), or the location of a study/work placement changes 10. If a student defers studies after arrival in the United Kingdom, permission to be in the United Kingdom will no longer be valid and the University must tell the Home Office of the deferral and advise the student accordingly. This is relevant to the University term Temporary Withdrawal 11. To report details of any agents used in recruiting international students 12. To refer to the police any information we have about students engaged in terrorism or other criminal activity 3. RESPONSIBILITIES OF INTERNATIONAL STUDENTS: International students are required: 1. to produce valid passport and visa for duplication and recording by the Academic Registry 2. to keep up-to-date their details on the student record system (via Student Self-Serve) 3. to ensure that their visa documentation is always valid and up-to-date 4. to apply in good time for extensions to their leave to remain and to provide copies of new/extended visa and passport information 5. inform the University immediately if their Immigration status changes at any time and provide us with copies of all correspondence that they receive from the Home Office in relation to their current immigration status or if they leave the UK permanently or switch into another immigration category/tier. 6. to attend compulsory lectures, course, tutorials, examinations and other activities which form part of their programme of studies 7. to submit by required deadlines coursework and other assignments required for the programme 8. to reach the level of academic attainment required for the programme. 9. To adhere/comply to the conditions of their visa at all times 4. DEFINITIONS OF TERMS USED: 2

3 Enrolment: The University is required to notify the Home Office if a student fails to enrol no later than 10 working days after the commencement of teaching. Sponsored Students: For the purpose of this guidance, the sponsoring institution is the University of Surrey and sponsored students referred to those students studying under a Tier 4 visa. Student Engagement: This term relates to a student s engagement with the programme of study on which they are registered. Expected engagements include attendance at lectures, tutorials, supervisory meetings etc as well as actions such as handing in coursework, sitting exams. Successful completion of these engagements demonstrates that the student is participating appropriately with his or her studies. Failure to engage will highlight concerns about the student s participation and will give rise to further investigation in line with the university s general regulations. 5. SELECTION AND ADMISSIONS 5.1 Academic Progression Applicants must apply for a programme of study which represents appropriate academic progression from their current programme of study. International applicants are required to declare, on their application form, any previous studies undertaken in the UK prior to their application being formally considered for entry. Failure to declare previous UK study may result in any academic offer being withdrawn. The most recent or most relevant qualification on which any offer is based, together with details of any UK-based education and the applicant s English language competence will be recorded on the student database (SITS) and will inform any offer made. Admissions decisions are taken by the University in good faith on both the basis of the qualifications provided and statements made in a student s application. If it is discovered that a false statement has been made, false documents submitted or significant information has been omitted from a student s application form, the University may withdraw or amend its offer, report the student to the Home Office, refuse or withdraw sponsorship and terminate the student s enrolment at the University, according to the circumstances. 5.2 Confirmation of English Language and Academic qualifications All conditions of offer must be met prior to the production of a Confirmation of Acceptance for Studies (CAS). For postgraduate students, a deposit (currently 3

4 2,000) be paid prior to the production of a CAS. If ATAS is required, see below, this certificate must also be produced before a CAS can be issued. 5.3 ATAS REQUIREMENTS For new students Currently, under the Foreign and Commonwealth Office (FCO) regulations, international applicants who require a Tier 4 visa to study in the UK or who wish to extend their current period of leave and apply for postgraduate study (PGT and PGR and some MEng programmes) in certain sensitive subjects will require an Academic Technology Approval Scheme (ATAS) certificate before they can apply for a visa or an extension of stay. If an applicant is unable to produce an ATAS certificate, he or she will be refused a visa. Normally applicants must show evidence that they have applied for and received an ATAS certificate prior to the production of a Confirmation of Acceptance of Studies. However, for late applicants who are already in the UK and will be making their visa extension application from inside the UK, confirmation that an ATAS certificate has been applied for will suffice to raise a CAS. However, students will not be permitted to register for and commence their programme until an ATAS certificate has been received by the University For existing students wishing to transfer to a programme of studies which requires an ATAS certificate Students already registered at the University of Surrey who wish to progress to another programme of study (ie BEng to MEng at undergraduate level) or from PGT to PGR must apply for an ATAS certificate prior to application for a visa to extend their stay. Students who do not require an extension of study but nevertheless require an ATAS certificate in order to transfer to another programme (eg a BEng student who initially registered for a full-time programme with PTY who then wishes to transfer to the MEng) will not be permitted to register for the new programme until he/she has provided proof of receipt of the appropriate ATAS certificate. Where an existing student is unsuccessful in gaining an ATAS certificate, s/he will remain on the existing programme or will be required to suspend his/her studies pending formal review of their application. 5.4 Sponsorship Management System and CAS processing 4

5 Only applicants holding unconditional offers, and who have paid a deposit of 2,000 (if applicable) will be issued with a CAS no sooner than 3/6 months prior to the start of their programme. When attendance of a pre-sessional language course is a condition of that offer, a CAS will be issued for the pre-sessional course. Upon successful completion of the pre-sessional course, a second CAS will be issued for the main programme of study. For applicants holding an unconditional offer who choose to attend a presessional course which is not a requirement of their offer, a single CAS will be issued. Receipt of an academic offer does not guarantee that you will be assigned a CAS. Your Immigration history and status will need to be assessed in accordance with the Tier 4 requirements and Immigration Rules. The University reserves the right to refuse a CAS even if the student meets all of the academic entry requirements. The University reserves the right to refuse a CAS to a student to complete their programme if the immigration requirements of the Tier 4 and Immigration Rules are not met. It is the student s responsibility to familiarise themselves with the UK Immigration requirements and that they have available evidence to show they have the required permission to be in the UK and study at the University of Surrey. The onus is on the student to ensure they qualify for a Tier 4 student visa. The student is also responsible for ensuring their visa and Immigration status remain valid during the period they intend to study in the UK. 5.5 Visa and Registration Checks All new international students are required to present at registration their passport and Biometric Residence Permit or UK visa to be checked and scanned. Students are also required to provide the University with a UK address and telephone number. Admissions Staff will take reasonable steps to satisfy themselves of the authenticity of the documentation provided and will copy in a format which cannot be subsequently altered the personal details page of the passport and the visa. If checks establish that the student is not the rightful holder of the documentation produced or is not entitled to study at the University of Surrey, the individual should be referred to the Assistant Registrar (Visa Compliance) immediately. 5

6 The use of false or forged documents will be reported to the Home Office and the potential student will be advised to return home. 5.6 Arrival and Enrolment The University is required to report to the Home Office any individuals who were issued with a CAS under a Tier 4 Student Visa to study at the University but who fail to arrive within ten days of the start of the academic year (for taught students) or within ten days of the start of their research programme (for postgraduate research students). If the CAS has been issued then the University will report that the student has failed to enrol and will withdraw sponsorship for the visa. If the CAS has not been used and is still assigned, then the CAS will be withdrawn so it is no longer valid for use in a visa application. A report will be run post-registration from SITS to identify those Tier 4 students who were expected but failed to register. Reasons for the failure to register (if known) will be reported to the Home Office along with the details of each student failing to register. Students who enrol on a programme with a visa that expires before the end date on their programme, do so at their own risk. It is the student s responsibility to ensure that they will be able to meet all of the requirements of a successful Tier 4 visa application and the Immigration Rules in order to complete the course in the UK. 6. STUDENT TRACKING AND MONITORING Monitoring student attendance is the responsibility of the Academic Registry in conjunction with staff based in the Faculty Registries. The University does not consider it appropriate to monitor the attendance of students at every individual lecture and tutorial. Rather, it favours a broader approach whereby expected academic engagement points are monitored. Moreover, it is recognised that levels of contact between students and the university can differ according to the level of study and programme for which students are registered. 6.1 Engagement monitoring The University monitors expected student engagement with the programme throughout the course of the student s registration. Engagement points include: classroom assessments; essays; submission of course work; attendance at 6

7 examinations; meetings with personal tutors; monthly contact with research supervisors (for postgraduate research students). At the beginning of each academic year all students are required to complete initial registration for new students and online registration for returning students. All UG and PGT students are then required to have a personal tutor meeting which is a recorded engagement point. The University will then follow a two checkpoint system to monitor for UKVI academic engagement, as specified by the Tier 4 sponsor guidance (Document 3 Sponsor Duties and Compliance, section 75 (e)). A checkpoint will be set following each semester and completion of exam boards, therefore the first checkpoint will be end of February and the second checkpoint will be end of July. Each of these will monitor the student s academic engagement in the preceding semester. Academic events which are monitored for student engagement in each semester include module selection, essays, coursework and exams (combination of which can depend of the programme). The results of the expected engagements will be monitored centrally by the VDCO. In consultation with the faculty, any student failing to academically engage satisfactorily will be considered for reporting to the Home Office. This process will follow the way all students are considered for progression within their programme. The University may not wait until 10 expected engagements are missed, appropriate follow up action will be taken at each checkpoint. English language students are required to attend their programme on a daily basis where attendance is recorded. These registers are entered on a local database in the department on a weekly basis. The English department will notify the VDCO if a student fails to attend without explanation. In addition, but separate from the above academic engagement monitoring process, there will be an administrative contact point for all Tier 4 students to ensure the University is meeting our sponsor responsibilities in regards to holding the correct passport/visa copies and to check that the current contact details are correct. The Visa Compliance Event is planned to take place in March and will be run by the VDCO with support of the International Student Support Team in the Student Services Centre. When considering those students whose engagement is a matter of concern, the VDCO will discuss this with the student s Faculty to discuss appropriate action. 6.2 Research students Monthly interaction by students with their supervisors is monitored and recorded on SITS at local level. The VDCO monitors the attendance of PGR students on a 7

8 quarterly basis, reporting those not engaging to the Faculty administrator for appropriate follow-up action. PGR students who are writing up are also required to maintain contact with their supervisors as above. PGR students who wish to transfer to Tier 2 while taking on a fixed term contract should contact their supervisor in the first instance. All such transfers require approval by the Research Degrees Sub-Committee. 6.3 Professional Training Year students Details of all PTY placements are held on the SITS database, these are notified to the Home Office. Placement providers are required, by virtue of their contract with the university, to alert the university to any unauthorised absences by students. The placement provider will advise the appropriate PTY administrator of any student failing to attend and/or engage with their placement and the administrator will refer this matter to the appropriate Programme Director to follow-up. University Placement tutors visit students twice if the placement is of 30 weeks duration and three times if the placement is of 45 weeks duration (although the third visit may be virtual). 6.4 Student withdrawals, exclusions, deferrals and suspensions All changes to a student s registration will be recorded on SITS in a timely fashion to enable timely reporting to the Home Office. Where a student has been required to withdraw from their studies but has submitted an appeal against this decision, the student will be reported to the Home Office as they are not actively studying at that time. The student will be advised to return home to await the outcome of the appeal. The Assistant Registrar (Visa Compliance) runs weekly reports to pick up on changes to students status which would require subsequent reporting to the Home Office. 6.5 Students required to undertake reassessments It is the responsibility of the Boards of Examiners to determine whether or not a student is required to repeat a module with attendance before undertaking a 8

9 reassessment or whether s/he may simply resit the assessment on the next occasion at which it is offered Repeating with attendance A student required to repeat with attendance must register on the relevant modules as determined by the relevant Board of Examiners. A Tier 4 resitting student must be registered on at least one module per semester to enable their continued participation to be monitored and reported. A fee for the repeat module will be charged to the student concerned Resitting without attendance Where a student is not required to repeat a module but may return to resit an examination or other assessment, s/he will be advised to return home as their sponsorship has been withdrawn as they are not actively studying. S/he will need to apply for a further visa to return to the UK to take their resit assessment(s). Detailed guidance will be available from the International Students Support Team PERIODS OF ABSENCE 7.1 Up to 60 days Authorised absences where a student is permitted to remain in the UK will be granted by the university for up to 60 days. The student will be expected to return to their studies after this short absence and will remain in contact with their faculty and agree regular points of contact during this period of 60 days. 7.2 Over 60 days Students taking an authorised leave of absence of over 60 days (regardless of the reason for the absence) will be advised to leave the UK and they will be reported to the Home Office as a cessation of sponsorship. They would then be required to re-apply for a new visa to return to the University. 8. OVERSTAYERS Responsibility for a student s visa validity remains solely with the student. However, the Assistant Registrar (Visa Compliance) will generally advise students three months in advance of the visa expiry date and advised to refer to the International Student Support Team for guidance. Although students have a period of 28 days grace in which to apply for an extension of leave to remain without automatic refusal of their application, universities should not be sponsoring students who have no valid visa. For this reason, if a student does not apply for a new visa until after 9

10 the current visa has expired, the University may no longer be able to sponsor the student and the student s registration will be terminated. In these cases, the University will not refund tuition fees. 9. TIER 4 STUDENTS AND EMPLOYMENT Employment conditions are shown on the Tier 4 visa or Biometric Residence Permit. Tier 4 students who are studying at degree level or above are permitted to work no more than 20 hours per week during semester time. Tier 4 Students who studying on a programme which is below degree level are permitted to work 10 hours per week during semester time. Students are permitted to work full-time during vacation times. International students seeking work through Unitemps are required to confirm in writing that they will notify Unitemps of any change to their circumstances which may impact their permission to work. Undergraduate and Postgraduate taught students have defined vacations at Christmas and Easter. Undergraduate students also have summer vacations. However, postgraduate taught students do not have summer vacations and are expected to continue to study on a full-time basis during the summer months until the specified dissertation submission date. Postgraduate research students have no defined holiday periods, other than when the University is closed over Christmas and Easter periods. Vacation dates can be found on the University website at VISA SUPPORT AND EXTENSIONS Any queries or requests for extensions to visas will be handled by staff in the International Student Support Team who have been trained to provide guidance regarding student Leave to Remain in the UK and extensions of that Leave to Remain. The guidance offered must be viewed as guidance and not as legal advice. It is the responsibility of the student to ensure that s/he possesses the correct visa and that it is valid and that its terms are adhered to at all times. The International Student Support Team sends off student visa extension applications to the Home Office, having first checked them fully. Advisers will advise any student whose application has been unsuccessful or if there are any problems with the case. 11. COMMUNICATION Details of the obligations of Tier 4 students and those of the University to monitor and report their non-attendance to the Home Office will be communicated to international students at various times and in various ways: 10

11 Specific web-page for international students Details in the International Pre-Departure Guide Information sessions during International Orientation and Welcome Week Details in online registration guidance Student contract included in all programme handbooks communication sent from the Assistant Registrar (Visa Compliance) Details of the University s policy will be communicated to academic and administrative staff via signposts to the appropriate web pages, by guidance issued as appropriate by the Deputy Registrar and Director of Student Administration and the Assistant Registrar (Visa Compliance) 12. RECORDING AND REPORTING OF INFORMATION Information recorded about individual students is recorded on SITS in a timely fashion by Faculty Registry staff and is reported, when required, to the Home Office SMS system on a weekly basis. Reporting to the Home Office will be completed in line with deadlines set by the Home Office. 13. MANAGERIAL OVERSIGHT AND REVIEW The Vice-President, Administration and Registrar, as Authorising Officer for the University and a member of the University s Executive Board, chairs the University s HTS Steering Group comprising the Deputy Director of HR, the Deputy Registrar and Director of Student Administration, the Assistant Registrar (Visa Compliance) and a representative from UniTemps. This Steering Group, meeting twice a year and reporting bi-annually to the Executive Board, will review the University s working practices and to ensure compliance with its obligations under its licences and HTS. The Deputy Registrar and Director of Student Administration convene a fortnightly operations group which oversees activities and monitoring relating to Tier 4 students. The Head of International Student Support, the Admissions Manager (International), the Senior Assistant Registrar (Student Records and Data) and the Assistant Registrar (Visa Compliance) attend this meeting. This policy and the related summary of institutional guidance are reviewed on an annual basis by the HTS Steering Group. 11