Leading appeal specialists, Bison UK, have reported a sharp rise in the number of entry clearance refusals, involving student visas and family cases, overturned by Entry Clearance Managers (ECM’s) at the British Embassy in Manila. 

Previously, Bison UK had to take most appeals all the way to hearing stage at the Asylum and Immigration Tribunal (AIT), where over 95% of their cases were successful. 

But in the last month, a number of clients in the Philippines have been contacted by the British Embassy to come and get their visas. 

Managers at the company are not sure why the Embassy seems to have had a change of heart, but are none the less delighted to see the notification from the AIT that the “respondent has withdrawn”.  

Most of the refusal grounds for student visas, which have since become obsolete under Tier 4 of the Points Based System, are based on “intention” to return home or study.  

Entry Clearance Officers (ECO’s) should no longer refuse on subjective grounds such as: “on the balance of probabilities you are unlikely to return home at the end of your studies” or “your real intention is to work in the UK rather than study”. 

Visa applicants still have the right of appeal on refusals based on previous Rules, however, refusals under Tier 4 applications (made after 31 March 2009) will be dealt with by an in-house ‘Administrative Review’ system.

Immigration Matters would be interested to hear about your experience with visa appeals – please add your comments below.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk  or visit www.immigrationmatters.co.uk

Tier 4 for students explained by Charles Kelly.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk  or visit www.immigrationmatters.co.uk

The UK Border Agency has announced a “strict new system to crack down on bogus colleges and fraudulent applications from foreign students”. 

The “new” system is in fact the final tier of the Points Based System, which has finally arrived after years of almost monthly announcements of the latest ‘crackdown’ on immigration. 

Tier 4, of the five-tier points system, starts today, despite the fact that the full electronic system (CAS) will not be ready until September. 

The Home Office claim that the new system set up to accredit educational providers  has so far screened out almost a quarter of applications from independent schools, colleges and universities.

Institutions must register with the UK Border Agency before they are allowed to ’sponsor’ or recruit international students under Tier 4. 

Currently, international colleges are approved and had to appear on the DIUS register. Providers were also approved and accredited by the various awarding bodies such as OCR and City and Guilds. The Government wanted a more robust system to prevent abuse.

Over 2,100 universities, independent schools and colleges have applied to sponsor international students and have been assessed or visited by UK Border Agency officers as part of the vetting process. 

The UK Border Agency said that around 460 institutions that “don’t make the grade have been rejected”, but have not mentioned that hundreds more have been awaiting accreditation for over six months before they can even apply to go on the sponsors register.

The Government acknowledge that international students play a major part in the UK’s cultural and economic wealth and help make the UK’s education sector one of the best in the world. 

“Last year tuition fees from international students totalled £2.5 billion – the Tier 4 rules ensure that institutions who benefit from having international students on their books take responsibility for ensuring students arriving from outside Europe comply with the conditions of their leave to be in the UK.” 

Prospective students must prove they have a place at a licensed institution, that they can financially support themselves, and provide their fingerprints to the UK Border Agency. 

The Government wants to ensure that Tier 4 benefits talented, legitimate students making the most of Britain’s world-leading educational institutions. 

Home Secretary Jacqui Smith, currently the subject of a Parliamentary investigation into her expenses claims, said: 

“These new measures make sure people who come here to study – and the people who teach them – play by the rules.

“This new tier of the points based system allows us to know exactly who is coming to the UK to study and crack down on bogus colleges.

“I have made it clear that I will not tolerate either the fraudulent applicants trying to abuse Britain’s immigration rules, or the dodgy colleges that facilitate them. However Britain will always welcome legitimate students who are coming here to receive a first-rate education.” 

Professor Mary Ritter, Pro Rector, International Affairs, at Imperial College London said: 

“International students play a big part in making Imperial the dynamic and exciting place it is, and we feel very fortunate that so many motivated, highly talented people from around the world want to pursue their studies here.

“It’s vital that, while taking appropriate border control measures, we don’t make it difficult for these students to come to the UK. For that reason we are very pleased that the Government has decided to extend the maximum length of the Tier 4 visa from the planned four years to cover the complete duration of a student’s course. This will be particularly helpful for medical students. 

“We also welcome moves to make the system simpler for institutions and students.” 

Following consultation between the UK Border Agency and educational institutions, it has been agreed that students must show they have the money to support themselves for nine months – this is lower than the 12 months originally proposed.

The UK Border Agency website contains advice for educational institutions and advice for students who want to study in the UK under Tier 4.

There has been little information published on transitional arrangements for visa applicants under current rules. Thousands of student visa VAF applications are backed up in the pipeline at major embassy visa sections.

How will the new rules affect you?

If want to study at an accredited college in the UK and have the funds to support yourself, it should be easier to obtain a student visa under Tier 4. But the visa will be tied to the educational provider and there will be no right of appeal against a refusal.

See: http://www.immigrationmatters.co.uk/points-based-tier-4-starts-31-march.html for more information on the points system for students.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk  or visit www.immigrationmatters.co.uk

Related stories: 

UK Border Agency announce new immigration rules and Tier 1 application forms 

ID Cards for more migrants from 31 March 

Points Based Tier 4 starts 31 March 

Tier 4 Quick Guides for Student Visa 

New Tier 4 student forms for use after 31 March 2009

Large visa sections, such as Manila, are inundated with student visa applications and processing is taking up to four months. 

There is also the question of exactly how the visa section will treat applicants who have submitted their VAF visa applications online, but have failed to get an appointment to submit payment and biometrics.

We have received a large number of complaints from students unable to get an appointment inorder to submit documents to the British Embassy’s visa handling partner, VFS Global. 

Tier 4 is the final stage of the five-tier points-based system, which has been phased in over the last 18 months by the UK Border Agency. 

Students will need to gain at least 40 points to qualify for a visa under the new scheme: 

• 30 points are gained form a visa letter or Letter of Acceptance from an approved educational provider
• 10 points are gained by proving you have enough money to cover the course and living expenses 

The full Sponsorship Management System and electronic confirmation of acceptance (CAS) for studies will not be rolled out until September 2009.

According to the UKBA document, ‘Tier 4 of the Points Based System Policy Guidance‘, if you are studying inside London you will need to show, in your account, at least £800 per month for 9 months plus the course fee.  If you are studying outside London, you will need to show £600 per month for 9 months plus the course fee. 

For in-country students renewing their visas for courses of longer than 9 months, you will need to show the first year’s course fees plus £1600 for courses inside London and £1200 outside London.

Applying for a visa under Tier 4 should be more straightforward than the current student visa scheme, but there are some drawbacks. 

The maintenance requirement is more clearly defined, however, funds will have to be shown in the applicant’s account for at least a month before applying. 

Entry Clearance Officers (ECO) will not be able to refuse a visa based on subjective reasons such as “intention to return home” or because the ECO believes “on the balance of probabilities” that the student will not follow the course. 

Decisions under Tier 4 will be more objective and based on factual information. For this reason students will no longer have the right to appeal against a refusal. Instead, refusals will be dealt with internally by an Entry Clearance Manager under a new “Administrative Review” system. 

Applications refused under the current rules will still qualify for a full appeal to the Asylum and Immigration Tribunal (AIT), where cases will be decided by an Immigration Judge. 

Tier 4 students will still be able to work 20 hours per week, plus additional hours of ‘work-based study’ for those on vocational or NVQ courses, but this will be more strictly monitored by the college. 

Some employers in the care sector have come to rely on ‘NVQ Health and Social Care’ students to fill the gap left by Work Permit restrictions on Senior Carers. Despite the recession there seems to be plenty of jobs available for the student’s paid work placements.

For full details see the ‘Studying in the UK’ section of the UK Border Agency website: http://www.bia.homeoffice.gov.uk. 

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk  or visit www.immigrationmatters.co.uk