UKBA issues Statement of Intent and Transitional Measures for Student Visas

On March 22, 2011, the UK Border Agency’s Home Secretary, Theresa May, has published its ‘Statement of Intent and Transitional Measures’ for the student visa changes.

This announcement outlines new guidance, effective 21 April 2011, and dates of implementation of other measures, including the new rules on student working hours. The UK Government hopes to ‘ensure a smooth transition with minimal disruption to sponsors’ recruitment plans and student decision making’.

The first round of implementation, including interim measures, was started by laying changes to the Immigration Rules before Parliament on 31 March, which will come into effect on 21 April 2011.

There will be further changes to the Immigration Rules taking effect in summer 2011, in April 2012 and by the end of 2012. The agency point out that ‘measures outlined in this Statement should not be seen as a definitive account of the requirements that will apply in future. The definitive version will be set out in the Immigration Rules and published formal Guidance for Tier 4 sponsors and applicants. The Statement does, however, represent the Government’s current intentions’.

OVERVIEW OF THE CHANGES
The Government will ‘phase in changes to the rules in order to give providers and students time to plan accordingly’.
Changes include a ban on all work for students applying for visas to study at private colleges from this ’summer 2011′, a shake up of accreditation bodies and the right to refuse entry to students who fail to demonstrate a competent level of English upon arrival at UK ports.

During a ‘transitional period’ beginning 21 April 2011, those sponsors who do not meet the new requirements as regards educational accreditation and Highly Trusted Sponsor status will be subject to a limit on their allocation of Confirmations of Acceptance for Studies until such time as they meet those new requirements.

In summary the measures and timetable are as follows:

Changes from 21 April 2011
1. New sponsors not already on the Tier 4 register will have to meet the new educational accreditation criteria in order to be issued a Tier 4 licence.
2. Existing sponsors will be subject to an interim limit on the number of students they can sponsor unless they:
- hold Highly Trusted Sponsor status; and
- meet the new accreditation criteria.
3. Existing sponsors that do not already meet the new accreditation criteria will be required to apply to the relevant inspection body by a date to be announced, in order to be able to continue to sponsor new students, subject to the interim limit, during the transitional period.
4. B-rated sponsors will not be able to assign CAS to new students (only to those seeking to complete a course).
5. A sponsor who is not subject to the interim limit may sponsor, using his own CAS allocation, students studying at a sponsor who is subject to the interim limit, but must take full responsibility for them (e.g. higher education institutions1 could sponsor students at Pathway providers).
6. English Language
The English language requirements for Tier 4 (General) students will be tightened as follows:
- A B1 Secure English Language Test (SELT) requirement for all courses at NQF 3-5 /QCF 3-5 / SCQF 6-8 (ending the current SELT exemptions on pre-sessionals /pathway /foundation degree courses).
- A B2 SELT requirement for courses at NQF 6 /QCF 6 / SQCF 9 and above, with an exception for higher education institutions who can make their own assessment.

A student may be refused a visa or entry to the UK if he cannot speak English without assistance.

The Government will clarify that a CAS may only be issued in respect of a single course, except where the student is attending a pre-sessional course of not more than three months’ duration and has an unconditional offer of a place at a higher education institution or at an independent school starting not more than one month after the end of the pre-sessional course.

The UKBA official document is available for download here

For more information on UK Tier 4 visa or to get migration program advice, email icsi@iconsultancyservicesinc.com or contact any ICSI office near you.

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