Changes to student visas

1
Changes to student visas

• April 2009 workshops
• Amendment November 2009

2
Objectives

• To update you on the emerging migration policy
  and procedures as they relate to prospective,
  current and recent students
• To clarify what this will mean for you
• To respond to your questions
• This presentation will be put on the Registry
  Services website, http//www.southampton.ac.uk/reg
  istryservices/

3
Context Why?

• Government migration policy is changing What are
  governments aims?
• To rationalise routes of entry to the UK
• To assure fairness and transparency
• To make migrants non-compliance with their visa
  conditions much harder
• To improve public confidence in government
  migration policy

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Scope of the scheme

• Points-based visa will have five tiers
• Tier one highly-skilled workers (includes
  post-study work
• Tier two skilled workers (in shortage
  occupations)
• Tier three low-skilled workers
• Tier four students
• Tier five youth mobility and temporary workers

5
How are we responding?The University holds two
sponsor licences

• HR leads on policy and process as it relates to
  prospective, current and recent staff
• HR is responsible for our sponsor licence for
  tiers two and five
• Main contact in HR Nick Townend,
  phone extension 29377, email nt3_at_soton.ac.uk

• SARD leads on policy and process as it relates to
  prospective, current and recent students
• SARD is responsible for our sponsor licence for
  tier four
• Main contact in SARD Zoë Heathcote,
  phone extension 22820, email zoe_at_soton.ac.uk

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How are we responding? cont

• Points-based visa is process change management
  project ADEP method
• Minimal IT systems change
• Process Ownership Group (chair PVC Prof Alistair
  Fitt)
• Project Management team (SARD, LATEAU,
  International Office, Student Services)
• Reporting to Student and Academic Admin Board
  (chair PVC Prof Debra Humphris)

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The Universitys legal obligations

• When we act as a sponsor to a visa applicant,
  we vouch that
• We are satisfied that the individual both intends
  and is able to follow the programme of study
• They are the student we sponsored (identity)
• They are participating and progressing in line
  with our regulations and UKBA requirements
• They are complying with the terms of their visa

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Why does it matter?

• If the UKBA thinks we are not consistently
  fulfilling our duties as sponsor, they will
  withdraw our licence.
• This would mean virtually all international
  student recruitment would halt
• Many existing international students would not be
  able to complete their studies
• Non co-operation with the authorities has
  consequences under civil and criminal law for
  students, staff and the University
• The University is subject to unannounced visits
  from UKBA auditors , to examine our processes and
  record-keeping. If they find our approach is not
  sufficiently robust, they will issue an action
  plan with a strict timescale, could downgrade or
  withdraw our licence.

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Which students are affected?

• The new requirements only apply to students who
  need entry visas (i.e. non-EEA/Swiss nationals)
• Definitive list of nationalities is at
  http//www.ukvisas.gov.uk/en/howtoapply/infs/inf18
  eeaswissnationalsQ1 and EEA/Swiss flag is in
  Discoverer views
• They only apply to full-time students (if
  part-time, the student must have secured entry
  already (either on a different type of visa or as
  a full-time student)
• Length of study they apply to students here for
  more than six months (if less than six months,
  the visiting student visa may be more
  appropriate)
• They only apply to individuals applying for a
  visa or visa extension after 31 March 2009 (via
  commencement date and sharing information on
  extension requests)

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Tier one post-study work

• Applicant must provide the UKBA with either
• Their award certificate or (if not yet issued),
• An original letter from awarding institution
• Standard letter content is covered in Student
  Admin Bulletin, March-April 2009, at
  http//www.southampton.ac.uk/registryservices/Bull
  etin/bulletins/200809bulletins/March-April09/March
  -April09bulletin.doc.
• Any further changes will be publicised through
  Student Admin Bulletin, and Student visa-related
  processes on Registry Services website.

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Nationality details

• Applicants nationality can be found in the Banner
  form SKASPIN
• Nationality ? Domicile
• Some missing data (0.6 not known for 08/09
  entry)
• Where data is missing, Schools will need to
  contact the applicant

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Commencement date details

• Where to look for an individuals commencement
  date? SKASAIN (as applicant), SKAHINS (as
  student)
• How is commencement date populated? For UG and
  PGT, it is derived from the programme record (for
  the individuals admit term)
• Schools update/maintain commencement date if it
  changes beyond initial application (e.g. PGR
  student delays entry within the year UG defers
  to following year)
• Some missing data for 09/10 entry (260
  applicants), all on taught courses, being fixed

13
New and changed processes

• New style visa letter that we need to supply to
  our new students (and those seeking visa
  extensions) from 31 March 2009, until February
  2010
• Admissions process where the student aims to meet
  English language condition through pre-sessional
  language study
• First wave of mandatory record-keeping
  requirements, that commence on 31 March 2009

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Visa letter - introduction

• To be issued to students requiring a PBS Visa
  from April 2009 until January 2010 (when the visa
  letter will be replaced by a Certificate of
  Acceptance of Studies, issued through the Sponsor
  Management System)
• The SMS is likely to be maintained by Registry
  Services
• The new Visa letter (VL01) and cover (CL01) are
  additional letters for the UG and PG
  communication plan
• Schools may still wish to send an acceptance of
  offer letter as a relationship building
  interaction to aid conversion, but this must not
  refer to obtaining a Visa
• Student may have multiple visa letters they
  select one to use to secure a visa

15
Visa letter When Who

• Letter must be sent to applicants when they go
  UA/UF (there may be some catch up required)
• Letter must be sent not more than 6 months before
  the commencement date of the programme
• Letter must be couriered
• Letter must be sent to non-EEA/Swiss nationals

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Please see process maps and sample CL01 VL01
letters

• web link to letters

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Visa other things

• You must use the CL01 VL01 templates together
• You must not alter the format of the letter or
  delete any of the fields, even if not relevant
• You must sign the VL01 (pp signatures are
  acceptable)
• If any applicant has difficulties obtaining a
  visa because of the letters we issue, please
  inform Registry Services immediately

18
Centre for Language StudyEnglish for Academic
Purposes

• Changed process with effect from November 2009 a
  booking on a pre sessional course can not be used
  to clear English Language requirements (as per
  decision by POG and PVC Fitt)
• Instead, a student who must complete EAP study in
  order to progress, will have to apply for a
  short-term student visa, then extend (after
  passing the pre-sessional)

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First wave record keeping

• From end March 2009, we must keep copies of the
  following documents
• All sponsored migrants passport pages (showing
  personal identity details, leave stamps or
  immigration status document including their
  period of leave to remain in the UK and biometric
  ID card (if they have one)
• A history of the students contact details (UK
  residential address, phone number, mobile number)
  which must be updated regularly
• Copies of any evidence assessed by the sponsor as
  part of the process of making an offer to the
  student (e.g. references, certificates, etc)
  appeared in sponsor policy guidance for the first
  time, mid March 2009

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Record-keeping how?

• Documents used in admissions is it covered by
  existing document retention practices? School
  responsibility
• History of contact details functionality and
  data is in the SAS, updated through students
  actions (enrolment and student self-service) and
  staff members actions
• Forcing UK contact details is new
• Retaining copies of passports is new

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Checking-in

• All new visa-national students from 1 April 2009
  to check-in
• On arrival, attend a session organised by
  Registry Services
• Two key functions take copy of passport and
  ensure adequate UK residential contact details
  are held
• Also, assist the student to enrol, apply for ID
  card, and give out information about the visa
  processes students obligations to the
  University, and how the University can support
  them

22
Registry Services will

• be present at pre-sessional induction for intakes
  in June, July and August
• host checking-in event during International
  Student Welcome Week (21 to 25 Sept 2009) and
  Freshers Week (28 Sept to 2 Oct 2009), at
  Highfield
• be present in week one at WSA
• rest of the year? Drop-in counter service in
  Registry Services, or by prior arrangement, well
  come to the School Office
• retain documentation, chase those who have not
  yet checked-in and, when chasing fails, notify
  the UKBA

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Schools need to

• where admissions conditions are cleared on
  receipt of photocopied/scanned/faxed documents,
  check the originals for credibility (i.e. is it
  the document that was photocopied/ scanned/faxed)
• be careful in maintaining commencement dates for
  PGR students
• work with Registry Services to ensure accurate
  data is held (commencement date and nationality)
• work with Registry Services on notifying students
  of the need to attend checking-in

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From autumn 2009

• Keep records of visa-sponsored students absence/
  attendance major issue still to resolve
• Notify UKBA of failure to enrol, failure to
  attend
• Notify UKBA of discontinuation of studies
  (whether through successful completion,
  withdrawal or termination of studies)
• Other substantial changes (e.g. length of
  programme)
• We are told that suspension is regarded by the
  UKBA as discontinuation the student is no
  longer studying, and therefore has no legitimate
  purpose being in the country.
• Further workshops are planned closer to
  implementation date

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Other issues term dates

• During term-time, those with student visas are
  allowed to work part-time for a max of 20 hours
  per week, and during vacations they can work
  full-time.
• We need to ensure our students are clear about
  their term and vacation dates, through student
  handbooks
• Link to HR practices where we employ our own
  students

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Other exam re-sits and repeats

• Migrants are allowed to re-sit examinations or
  repeat any part of their course up to two times
  per individual examination or module (para 275)
• Sponsors must not continue to sponsor a migrant
  if the migrant has already twice failed a re-sit
  or twice repeated a period of study. (para 276)
• These academic policy and regulation issues are
  being taken up by LATEU.

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Other change of sponsor

• Inter-institutional transfers (including taking
  up a new course of study) are considered by UKBA
  to be a change of sponsor. Student initiates
  this by emailing UKBA who contacts the to be
  institution to ensure they want to take the
  student on.
• How this is ensured not yet clear
• Problem once their further leave has been
  granted, the new sponsor will be responsible for
  them straight away (para 287)

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Communication

• Queries from students? Do not give immigration
  advice it is illegal to do so (unless licensed
  by the Office of the Immigration Services
  Commissioner).
• Instead, please refer students to SUAIC (until 1
  June) and Student Services (after 1 June)
• UKBA website (student-facing) -
  http//www.ukba.homeoffice.gov.uk/studyingintheuk/
  quickguideforstudent/adultstudents/
• Any queries from UK Border Agency? Please refer
  to Registry Services, Zoë Heathcote (ext 22820,
  email zoe_at_soton.ac.uk)

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• Any final questions?

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• Thank you for coming