ARC Council Meeting HESA Data Charges for Resubmission

ARC Council MeetingHESA Data Charges for Resubmission

Jon PinkAcademic Registrar, University of Kent

UKBA Compliance Visits

HESA Data Charges for Resubmission

• The University of Kent needs to make a small change to our 2012 HESA return in order to address a HEFCE question about 2012-13 old regime students not present in 2011/12. This involves completing a flag on 8 existing records to identify co funding and supplying 4 new records for which the proposed (standard) HESA charge is 20% of our annual subscription or £5770.

• Is anyone else fed up with the level of these charges for tiny data amendments (charges that date from a time when HESA data was perhaps used for less exacting purposes), or is it just KENT whose data is fractionally on the wrong side of perfect?

Page 2

ARC Council Meeting

Home Office (UKBA) Update



UKBA Expectation for Monitoring Engagement

• UKBA sent a letter to UUK, UKCISA, Guild HE and AHUA dated 15 February 2013 setting out further clarification of expected contacts and monitoring

• Fundamental Principle of PBS is those who benefit from immigration should play their part in controlling it.

• Intention of Tier 4 attendance monitoring is to ensure students with permission to study continue to do so.

• Sponsors must have systems in place to identify when a student has stopped studying

• Not prescription on a particular attendance monitoring or record keeping system due to diversity of the sector

Page 4


UKBA Expectation for Monitoring Engagement

• No requirement to create separate monitoring systems for international students

• Expectation that monitoring is incorporated existing policies and systems for all students

• If systems and processes are compliant then there is no need to introduce separate physical checks

• Compliance officers are starting to collect examples of systems that meet requirements

Page 5


Current position of monitoring engagement

• I think this is an issue that is being resolved by institutions• At the last (beginning of May) Practitioner group meeting

there no longer seems to be an issue• Universities appear to be more confident they have things in

place, now need to check internal compliance• Compliance visits will focus on:

Is the individual continuing to study at an institution? Is there a robust policy and process in place to monitor continued

engagement with studies? Is this process being followed?

Page 6

ARC Postgraduate Practitioner Group

Credibility Interviews



Credibility Interview Issues - Example 1

You have applied to study pre-sessional English course from 28/04/2013 30/08/2013 at the XXXXXX. I note that you previously studied an English course at YYYYY. You abandoned this course 1 month into a 9 months course. When asked at interview why you abandoned this course you advised you felt it was too long.I am not satisfied that this is credible given that the course you now propose to go on, although shorter in length, actually finishes 2 months after your previous course would have. I also note that when asked what you did when you returned to China you advised you self-studied English but you demonstrated a low standard of English at your interview.Given these inconsistencies I am not satisfied that you are a genuine student. In view of this I am therefore not satisfied that you meet the requirements of paragraph 245ZV(k) of the Immigration Rules and I therefore refuse your application for entry clearance.

Page 8



'You advised that you finished studying textiles in 2002 and have been working as a photo journalist for Beijing News for 10 years. You propose to go to the UK to do an 18 week English course and then a Masters in Visual Anthropology from September 2013 for 1 year. You advised that this would cost around £40,000 in total.When asked what you would do when you finish your studies in the UK you advised you would return to China and return to the same job. It is not credible that somebody would spend £40,000 to take 18 months out of their life to study in the UK, to simply return to the same job. You did state you had been 'encountering problems' in your job and felt the Masters degree would help you with this however you were unable to elaborate further when asked.You also gave inconsistent answers regarding who was paying for your studies in the UK. You initially stated you would be paying for it yourself and this was clarified by saying you would pay for it solely. However later in the interview when you were asked to provide evidence to show the origin for a deposit of 203,000RMB made a week before your interview, you stated it was from your mother's account. These inconsistencies cast doubt on your credibility I therefore refuse your application' etc etc

Page 9



You stated that you completed your full time study in Pakistan in 2012 intermediate in dental hygiene. Against this background you now intend to return to study in order to follow DEI Level 3 Diploma in Healthcare Support Services at XXXXXXX and in order to do so you have taken out a substantial loan from the bank. You state that at the end of the course you intend to return to Pakistan because as a family you intend to establish a hospital trust and you will establish a dental laboratory as you are a dental hygienist. However the course contents you described relating to the diploma do not relate to starting a hospital business/trust or a dental laboratory, indeed there are no elements of dentistry in the proposed course. You have therefore, not demonstrated that you undertook serious research before deciding on your course or place of studies and i am not satisfied your post-study plans relate to the proposed course. There is no evidence to show how completion of this course or how this single qualification will enable you to achieve your post-study plans.The course fees are £3500 and maintenance is £7200 making a total of £10,700. You state your father is financing your studies and he earns Rs 150,000 (£993: £Rs 151) a month, however you state your father financially supports 4 people. This level of financial outlay is not commensurate with your family’s personal and financial circumstances in Pakistan. I am not therefore satisfied, on the balance of probabilities, you are a genuine student and refuse your application under paragraph 245ZV(K) .....

Page 10


Credibility Interview Issues – Example 4

You have been interviewed in relation to your application. You are an A Level student in Sri Lanka and would be abandoning your course after 1.5 years to follow and NQF6 course. I acknowledge that a British qualification would be beneficial to your long term prospects.You appear to have chose the course solely on the recommendation of a friend. Whilst I accept the value of personal recommendation, you appear to have done little research of your own and did not name any other educations establishments that you had considered. In addition you knew little about the course or course context. Your account of why you are studying now and why you are studying at University X lead me to doubt that you are a genuine student.In view of the foregoing, you do not meet the requirements to be granted entry clearance under Tier 4 General Student and I refuse your application under paragraph 245ZV(k) of the immigration rules.

Page 11


Credibility Interview Issues – Example 5

You were sent an email to [email protected] and an interview was arranged for 11/04/2013. You did not attend the interview and have not contacted us to explain why. As you have failed to attend the interview I am refusing your application under paragraph 320 (7D) of the immigration rules for failure, without providing a reasonable explanation to comply with a request made on behalf of the Entry Clearance Officer to attend interview. Your application is also refused under para 245ZV (a).

Page 12

mailto:[email protected]


Legislation 245 ZV(ca) – English Language

• The applicant must, if required to do so on examination or interview, be able to demonstrate without the assistance of an interpreter English language proficiency of a standard to be expected from an individual who has reached the standard specified in a confirmation of acceptance for studies (CAS) assigned in accordance with Appendix A paragraph 118(b) (for the avoidance of doubt, the applicant will not be subject to a test at the standard set out in Appendix A, paragraph 118(b).

Page 13


Legislation 245 ZV(k) – Genuine Student

• [To qualify for entry clearance as a student] the entry clearance officer must be satisfied that the applicant is a genuine student.

• 245 ZV(k) will not be applied to a national or the rightful holder of a qualifying passport issued by one of the relevant competent authorities listed in Appendix H.

• See:

http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/sty/sty2/

Page 14









Explanation (email dated 21 May 2013)

• Interviewing has always been a part of the visa application process. This additional step has been introduced to help us continue to identify any non-genuine students trying to abuse the immigration system. The UK continues to welcome the brightest and best students to our universities and education institutions to drive growth in the economy. Genuine students have nothing to fear from credibility testing.

Page 15


Process (email dated 21 May 2013) - 1

• We will conduct a credibility interview at the Visa Application Centre when the student applicant attends to submit their application and biometric information (fingerprint and photograph).

• The interview will primarily be conducted using video-conferencing. We are also putting in place suitable telephony as a contingency.

• Interviews are not carried out by entry clearance officers, rather an interviewing officer based in the UK. The officer will question the applicant about their reasons for studying in the UK. The interview will be conducted in English and provide assurance that the English language requirements of the Tier 4 rules are met. A report of the interview will be sent to the visa officer.

Page 16


Process (email dated 21 May 2013) - 2

• The report of the interview will be an additional piece of information that will be considered by the visa officer at the decision making hub, alongside the application and supporting documents. It will help the visa officer make an informed and high quality decision on the application.

• If the visa officer needs to examine wider genuine student rule points, such as immigration history or finances, then the applicant may be called for an in-depth interview.

Page 17


What they are looking for:

• a) The immigration history of the applicant, in the UK and other countries, for example:

Previous visa applications for the UK and other countries, including reasons for any visa refusals;

The amount of time the applicant has spent in the UK or other countries on previous visas, and for what purpose; and

Whether the applicant has complied with the terms of previous visas for the UK and other countries.

Page 18


What they are looking for:

• b) The applicant's education history, study and post study plans, for example:

How long has elapsed since the applicant last studied, and whether the applicant has sound reasons for returning to, or commencing formal study in this area, particularly after any significant gap;

The applicant's knowledge of, and level of research undertaken into, the proposed course of study and sponsoring institution, and living arrangements in the UK;

The applicant's personal circumstances, where these would make it difficult to complete a full time course of study; and

The relevance of the course to post-study plans.Page 19


Roll Out – from email

• We tested credibility interviews in April 2013. We started with the Philippines, closely followed by Thailand, India, China, Nigeria and Pakistan

• In May 2013 we started to introduce mandatory appointments for these locations. This was then extended to the remaining countries.

• Overall, we are installing video conferencing equipment in over 70 Visa Application Centres worldwide. One of our current commercial partners (VFS) is providing a hub in the UK for this year from which the interviews will be conducted. The hub is now operational.

• From 1st June 2013, interviewing will become part of the mandatory Tier 4 (General) visa application process in many countries.

Page 20


Home Office Co-regulation Groups



Steering Group

• Membership from HO, BIS, UUK, Guild HE, ARC and AHAU

• The co-regulation steering group will act as a strategic body to: Agree and oversee a programme of work to be delivered by the co-regulation working group. The programme of work will be determined via: (i) BIS, UUK/Guild HE, ARC, AHUA and HO discussions on issues

of mutual interest in the operation of the PBS sponsorship system for HEIs, focussing on support for legitimate students and robust tackling of abuse.

(ii) Jointly monitoring the way policy is being delivered and how it impacts on HEIs.

Page 22


Working Group

• Membership from HO, BIS, UUK, Guild HE and ARC

• The co-regulation working group will act as a body of practitioners at an operational level to further the aims of the steering group as set out above. Specifically it will: Provide a forum to take forward in practical terms, items from

the co-regulation work programme in workshops or other agreed formats, reporting back on progress on a monthly basis. This may include commissioning or organising focus group sessions on specific issues of concern, as agreed by the steering group.

Put forward issues for consideration of further work for the consideration of the steering group.

Page 23


Steering Group Priorities

• Review and change the structure of the Tier 4 Sponsor Guidance• Update the Tier 4 Sponsor Guidance to give greater clarity over

ambiguous areas• Review, and possibly amend, the sanctions applied to sponsors

who do not meet their duties• Oversee the Higher Education Assurance Team and the training for

that group of staff• Agree joint communications to come from the group to inform others

its work• Consult with the sector on new initiatives and changes to the policy

and guidance

Page 24


Higher Education Assurance Team



The HEAT

• The team has now been appointed and formally come together on 10 June 2013

• Will be led by Derek Knight who many will know. Has extensive experience (relatively) of visiting HEIs

• The team will have 5 other members from across the UK• Each member will still be based in their current area and

will come together for training and visits• They will cover some Tier 2/5 visits as well as ALL Tier 4

visits

Page 26


HEAT Training Programme

• ARC, UUK and GuildHE are working with the HO on a training programme for the HEAT

• Proposed areas to cover are: UK Higher Education development, context and diversity The UK Higher Education Regulatory Framework Qualifications, Programmes and Assessment Recruiting and Admitting Students Student Engagement, Monitoring and Support

• To be delivered in HEIs across the UK• Programme will also include visits to UK HEIs

Page 27


HEAT Training Programme

• To take place end of June to end of August• We are discussing how this will be delivered:

Leadership Foundation may be able to offer a tailored programme drawing on current programmes

ARC Members deliver sessions

• Whichever is chosen there will be visits to representatives HEIs across the UK

• Meeting with LF next week to discuss• May come back top ARC members to see who may be able to

support the programme

Page 28


Doctoral Extension Scheme


Key elements

• Tier 4 (General) and HEI sponsor; monitoring and reporting duties

• Must apply in UK (with current Tier 4 leave?)

• Applicant must not have completed doctorate

• Must apply within 60 days before “expected end date” (date award confirmed)

• Less restricted work from date of actual completion, before or after “expected end date”

• Can qualify for “established presence”

“Expected end date”

• Date award is expected to be formally confirmed, eg after thesis submitted, viva held, any corrections accepted [Rules paragraph 6]

• This is ‘Course end date’ to use on CAS

• CAS must not be assigned more than 60 days before this date [Appendix A paragraph 116(h)]

• Student cannot apply after this date

Sponsoring during writing up period

• Sponsor Guidance para. 491: • Can continue to sponsor during period when writing

up a thesis or completing a viva if participation is not required and can meet sponsor duties

• If don’t sponsor, those students who return as Student Visitors will not be eligible for DES

Sponsor duties

• Standard confirmation of sponsorship from CAS guide:• Sponsorship under DES• Expected end date• Continued sponsorship for 12 months• Student is aware of responsibility to comply with Tier 4

conditions

• At least 2 contacts in 12-month period

• Intention is for sponsor to offer support in seeking and gaining skilled work but not formal responsibility

• No requirement that person seek or obtain skilled work

• No compliance action against sponsor if person becomes overstayer

Sponsor duties: reporting

• Successful completion of doctorate

• End of course without award of doctorate

• Missed contact without reasonable explanation and subsequent failure to establish contact with no reasonable expectation of further contact

• Permanent departure from UK

• Breach of conditions

Work

• Fewer work restrictions from date of actual completion of course

• No employment as a• doctor or dentist in training• professional sportsperson/coach

• Can undertake all other employment including permanent full-time vacancy and employment as an entertainer

Study

• Supplementary study is possible

• Supplements other permitted activities, eg work

• Supplementary study can be at any level, with any institution (including Tier 4 sponsor for DES) and with any mode of attendance

Areas of contention

• Who can apply?

• Is ATAS required?

• Does the cap apply?

• Can students apply if leave expires before but within 60 days of expected end date?

• What to put on the CAS?

• How will employers understand the scheme?

Who can apply?

• Home Office – current Tier 4 only

• Rules – anyone who would usually qualify to apply under Tier 4 (General), eg pre-Tier 4 student leave, Tier 1 (PSW), Tier 2, overstayers by no more than 28 days

• If possible switch to Tier 4 to avoid refusal

Gap between end of leave and award

• Home Office – no, must apply for further Tier 4 student leave

• Rules – nothing to prevent application as long as no more than 60 days before expected end date; leave should not be allowed to expire

• Other option – apply as student, then vary or apply again but under DES


Graduate Entrepreneur Scheme



New in Summary

• MBA, General [and Global – UKTI only] endorsements: additional 1000 places

• Amended allocation system

• Lower requirements for business and progress

• Entry clearance now possible

• Eligibility for Tier 2 postdoctoral researchers

• Unlimited hours of employment

Page 41


Endorsements

• MBA• MBA graduates only • 1000 endorsements• Max 10 per MBA-awarding institution

• General• MBA graduates• Everyone else, including Tier 2 postdoctoral researchers• 900 endorsements• Max 10 per institution

• Number Allocation• Institutions that offer MBAs – max 20 endorsements each• Institutions that do not offer MBAs – max 10 endorsements

each

Page 42


Endorsements: allocation

• Number requested or equal share of those available

• Maximum 10 each of General and MBA

• If fewer than 880 General or 980 MBA endorsements allocated, all HTS, A-rated T2/T5 sponsors invited to request remaining endorsements – deadline 30 September

• Endorsements allocated April 2013• 78 endorsing bodies• 77 allocated General endorsements, leaving at least 130

unallocated• 63 allocated MBA endorsements, leaving at least 370 unallocated

Page 43


Endorsements: unallocated

• Remaining endorsements allocated to institutions with degree-awarding powers, whether or not previously allocated endorsements for that year

• Will be allocated number requested or equal share of those available

• Any remaining endorsements will not be allocated; unused endorsements cannot be carried over to next year starting 6 April

Page 44

Business and progress

• “World class” now “genuine and credible business ideas and entrepreneurial skills”

• To extend leave for extra year, endorsing body no longer required to assess if likely to meet requirements of Tier 1 (Entrepreneur) within 12 months – instead must endorse that applicant has “made satisfactory progress” Home Office website out of date on this – has been acknowledged

Entry clearance now possible

• No requirement in Rules to have studied in UK – just to have been awarded UK recognised degree by endorsing body within 12 months of application . Policy guidance currently incorrect but acknowledged

• No requirement to have studied in UK with any particular category of leave, ie not restricted to those who can ‘switch’ in to Tier 4 in UK

• Tier 1 (GE) extenders can also apply for entry clearance

Tier 2 postdoctoral researchers

• General endorsement only

• Endorsing body must be researcher’s Tier 2 sponsor

• Must have been awarded recognised UK degree from a UK HEI

• No requirement to have studied in UK

• Degree can have been awarded longer than 12 months before application

•[Appendix A Table 10]

Employment

• No longer limited to working for business applicant has established and other employment of no more than 20 hpw

• Only remaining restrictions• no employment as dr or dentist in training• no employment as professional sportsperson

(including coach)

•[Paragraph 245FC(iii) and (iv)]

Documents

ARC Council Meeting HESA Data Charges for Resubmission