University of Portsmouth Points Based Immigration (PBI) Team, Academic Registry

Student Immigration Changes 2011/2012

(Updated 4 August 2011)

Contents Introduction UK Border Agency (UKBA) Timetable of Changes Overview April 2011 July 2011 April 2012 End of 2012 Section 1 - Highly Trusted Sponsor (HTS) Status Admissions Procedures Confirmation of Acceptance for Studies (CAS) Registration Record Keeping Reporting Monitoring Student Engagement Placements Re-sit Policy Section 2 - Partner Providers International College Portsmouth (ICP Language Specialists International (LSI) South Downs College Section 3 - English Language UKBA - Exemptions UKBA - Gifted Students English Language Proficiency at CEFR Level B2 Pre-sessional English (PSE) Language Programmes Section 4 - Additional Conditions Border Checks University Response Review of Low-risk Countries University Response Academic Progression University Response Section 5 - Student Entitlements Students Permission to Work University Response Work Placements Dependants Time Allowed as a Student in Tier 4 (General) Research Students University Response Working in the UK after Graduation Student Entrepreneurs University Response APPENDICES Appendix A UKBA Low Risk Countries Appendix B UKBA Secure English Language Tests (SELT) Appendix C UKBA Listing of Majority English-speaking Countries Appendix D University of Portsmouth acceptable proof of English Language Proficiency Appendix E Sample CAS Statement Appendix F Joint Responsibilities Appendix G Cause for Concern Form (Monitoring student engagement/attendance) Appendix H Pre-sessional English Language Programmes Appendix I Student Responsibilities for UKBA Compliance Appendix J i. Census Points Rationale ii. Census Points Matrix Appendix K English Language Statements TABLES Table i Table ii Table iii
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Sponsor ship Requirements Summary Tier 4 (General) English Language Requirement Summary English Language Requirement Summary

Student Immigration Changes 2011/2012

Introduction
Higher Education Institutions are coming under increased pressure to ensure that they comply with new UKBA student immigration rules. This document details the latest published changes and outlines the University of Portsmouths response. It should be read in conjunction with University of Portsmouths Student Immigration Administration Processes Document and will be updated with latest changes as and when they happen. Further guidance and information relating to this document may be obtained by emailing [email protected]

UK Border Agency (UKBA) Timetable of Changes Overview

21 April 2011 Sponsors (Summary of Requirements - Table i)
Any institution not holding Highly Trusted Sponsor (HTS) status will have an interim limit on their Confirmation of Acceptance for Studies (CAS) allocation. B rated institutions will not be allowed to issue CAS to new students only those currently completing a course. A sponsor who is NOT subject to an interim limit may sponsor, using their own allocation, students studying at a sponsor who is the subject of an interim limit, but must take full responsibility for them. This means that higher education institutions (HEI) may sponsor students on pathway or foundation programmes.

English Language (Summary of Requirements - Table ii) and Pre-sessional Programmes

English language requirements for students studying below degree level will be B1 of the CEFR. English language requirements for students studying degree level and above will be B2, with the exception of HEIs which may make a valid assessment on each student. A single CAS may only be issued for a joint Pre-sessional English (PSE) language programme if the following criteria are met: i. the student is in receipt of an unconditional offer to proceed to the main course; ii. English language proficiency must have reached CEFR level B1 before the PSE can be undertaken (UKBA expect progression will ensure students reach B2 by the end of the programme); iii. the PSE is no longer than 3 months, and iv. the start of the programme at the HEI is no more than one month after the end of the PSE.

July 2011
Sponsors will need to vouch for the academic progression of students changing course, where the new course is the same level. Revision of maintenance requirements for students: i. a declaration must be signed by the student to confirm that the funds are genuinely available for the purpose of funding their study and upkeep in the UK; ii. if UKBA have any concerns they may verify that the funds are still available or that they have been used to pay tuition and/or living expenses; iii. UKBA maintain a list of financial institutions (available on UKBA website and at local visa application centres) that they consider do not verify financial statements to their satisfaction. Where there is reasonable doubt about the declared funds UKBA will award no points and the application will be refused. Students from low risk countries (Appendix A) at HTS institutions will not be required to produce, at visa application stage, specified documents in respect of their maintenance or educational qualifications (although UKBA reserve the right to see this evidence). There will be restrictions on working hours for students not studying at HEI, but if the student is studying at a HEI they will retain the current entitlement to work. Only students at NQF level 7 and above who will be studying a course of more than 12 months will be allowed to sponsor dependents. Dependents will have the right to work. HTS criteria will have been reviewed by the summer of 2011.

April 2012
All sponsors MUST be rated as HTS (if an institution falls below this standard it will only be allowed to issue CAS to existing students). Placement ratio of courses must be 66:33, except at a HEI. Tier 4 visas will be capped to a maximum of 5 years at degree level or above (but some exceptions will be made for enhanced programmes and PhD). Tier 1 (Post-study Work) route will close but will allow switching into Tier 2. Provision will be made for student entrepreneurs.

End of 2012
All sponsors MUST have HTS status and meet the educational accreditation criteria to sponsor new students.

Section 1 Highly Trusted Sponsor (HTS) Status

UKBA Requirements By April 2012 all institutions wishing to sponsor international students MUST be rated HTS within the UKBA Sponsor Licence Register. University of Portsmouths Response
The University of Portsmouth will undertake the following processes and procedures in order to comply with immigration law and to ensure retention of HTS status.

Admissions Procedures
According to the Admissions Code of Practice all applicants are treated in a transparent and equitable way. Their applications are considered on individual merit and a place is offered on the basis of the qualifications that the student has already gained and/or is currently undertaking. All applications considered to originate from high risk countries (as designated by the International Office and based on their market knowledge) will be subject to additional verification of submitted qualifications to ensure that every effort is made to combat receipt of fraudulent application materials. This includes the online verification of qualifications such as: International English Language Testing Scheme (IELTS); Test of English as a Foreign Language (TOEFL); Cambridge ESOL, Pearson Test of English; International Baccalaureate Diploma; and West African and Nigerian Education Authoritys Secondary School Examinations. Once the student has received an unconditional offer, has formally accepted and the required deposit of 1000 has been paid (and cleared into university funds) the CAS statement can be produced.

Confirmation of Acceptance for Studies (CAS)

Confirmation of Acceptance for Studies or CAS is an electronic document. It consists of information relating to the student, the course and fees (Appendix E). This information is taken directly from the Admissions Plus database and converted to a XML file which is uploaded to the UKBA Sponsor Management System (SMS), a UKBA controlled database which generates the CAS number. The CAS number can only be generated once all the mandatory fields are populated (see CAS Statement) and the appropriate fee paid. Once these actions have been completed the CAS number is Assigned. This is the number with which students need to apply for their Tier 4 visa. CAS numbers once Assigned only have a shelf-life of six months, at which time they Expire. Students may not apply for a visa more than three months before the course begins. Students may apply to as many institutions as they wish and have several CAS numbers Assigned to them, however they may only use one to make a visa application. Once the student has applied for a Tier 4 visa the remaining CAS numbers issued to them become Obsolete.

Registration
All international students have the opportunity to complete a pre-registration form to ensure that the physical procedure of registration is as efficient as possible. Registration takes place predominantly over two weeks prior to the beginning of the academic year, the first week is during International Orientation Week and the second is during the Central Registration Operation. Both weeks are fully supported by a large complement of fully trained staff and the Student Administration Division of Academic Registry. Students appearing for registration are required to supply the following documentation: Original qualifications appearing on the CAS statement Passport Valid Tier 4 visa (showing the Sponsor Licence Number (SLN) of the University of Portsmouth) At registration students will be advised of both the responsibilities of the university as an education provider and of the student themselves under the student immigration rules. This information is also given to them in the form of an information sheet
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entitled Joint Responsibilities (Appendix F). Copies are taken of relevant documentation (see Record Keeping) if available and the student is registered. As there have been a number of issues with students not obtaining the correct visa prior to registration, it was agreed that the Campus Card for students not holding an appropriate visa will be restricted, enabling the Points Based Immigration (PBI) Team (in Academic Registry) to maintain accurate records on those students registered with the University of Portsmouth. The Campus Card collection slip issued to students will be valid only for the period indicated and will be dependent upon the following criteria which will be judged by a trained and experienced member of staff: If the student is not in possession of a valid visa to study with the University of Portsmouth and they have yet to apply for a visa the Campus Card will be restricted to four weeks. This will give the student time to apply for a visa and to obtain confirmation from UKBA that they have received the visa application (this should be in the form of a letter). At which time they can return to the PBI Team (with the letter of receipt) for an extension. If the student can provide a validated photocopy of the passport personal data page (usually validated by an International Student Adviser) or a letter of receipt from UKBA providing proof that an appropriate visa has been applied for(see note above) the Campus Card will be restricted to four months. This will allow time for UKBA to consider the application and for the student to receive the decision. Once the student has received the decision they can return to the PBI Team (in the event of a successful application) to be issued with a full Campus Card or (in the event of a refusal) be directed to the International Student Advisers for advice and guidance. If the student appears at registration with a full and complete Tier 4 visa showing the University of Portsmouth SLN a full length Campus Card will be issued (this will cover the whole length of the course on which the student has registered).

Record Keeping
The university, as a licensed education provider must maintain up-to-date records on ALL international students who have entered the UK on a Tier 4 (General) Student Visa. These records include copies of: all qualifications taken into consideration when making the offer of a place; and all pertinent pages of the students passport, including the personal information page and any previous UK visa information contained within it; and the visa vignette, stating that the student is here under Tier 4 and showing the UoP SLN; or both faces of the Biometric Residence Permit (BRP) card, which is issued to students who have made an application for leave to remain within the UK. As required by the UKBA, all copies of all documents must be signed and dated by the Registering Officer. These documents are then forwarded to the PBI Team for logging and scanning. Additionally the university must maintain an up-to-date record of all students local and home addresses, as well as current mobile or land line telephone numbers.

Reporting
The University of Portsmouth is responsible for all of the students that enter the country on the UoP SLN regardless of whether they register and study with us. It is very important that we have processes in place which allow us to monitor engagement of our students, including those on placements (see next two sections Monitoring Student Engagement and Placements). Currently a report is run fortnightly to pick up all students whose records show one of the following statuses: withdrawn interrupted cancelled This report is then emailed to the UKBA Migrant Reporting Team. However, if the student entered the country under the new Tier 4 immigration rules this student must also be reported via the SMS. It is vitally important that student records are updated as quickly as possible following interruption/withdrawal/cancellation as any delay in reporting the student to the UKBA may have a detrimental effect on the universitys ability to maintain its Highly Trusted Sponsor status. All interruptions and withdrawals SHOULD be reported via email to the PBI Team ([email protected]), as soon as possible after the withdrawal/interruption has been confirmed, with details of the reason(s) as these will also need to be input to the SMS when reporting the student. There are several categories within the SMS for reporting students and these are:
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Student failed to register this is used after final date for registration when student records are cancelled and category input as no show Sponsor has stopped sponsoring student this is used when a student withdraws/is excluded from the course and a reason must be given for the withdrawal/exclusion Significant change in any students circumstances this is used when a student either: i. interrupts their studies (and the university wishes to continue to sponsor them) the expected re-start and end dates are input to the SMS along with the reason for the interruption; or ii. change of course, by July 2011 all students who change course have to have a valid reason for doing so particularly if the course is at the same level, this information will need to be forwarded to the PBI Team in order for them to report accurately on the students status

Monitoring Student Engagement

Proposed procedure

As an education sponsor the University of Portsmouth is responsible for ensuring student engagement, attendance and ensuring that international students are not in breach of the conditions of their visa. Most schools and departments have their own procedures for attendance monitoring but it has become apparent that extra consideration must be given to cases of absence by international students. It is proposed that a pro forma is used (Appendix G) to alert the PBI Team to any absence that is Cause for Concern (CfC). Suggested protocol for the CfC procedure would be: Students absence/lack of engagement is noted Stage I Student is contacted (informally) to request a meeting. Stage II Response received - a meeting is scheduled and (hopefully) the issue is resolved. Failure to respond - a formal letter is sent containing a deadline for response. Stage III Response received - a meeting is scheduled and (hopefully) the issue is resolved. Failure to respond - CfC is handed to PBI Team for action. Stage IV Student is contacted by PBI Team and the universitys reporting responsibilities are explained. Withdrawal of Services may be introduced to implement a final deadline by which the student must respond. If no response is received the student may be excluded and reported to the UKBA confirming that the university is no longer acting as education sponsor. The student will be formally informed of this process by PBI Team. Course Administrator copied in on email correspondence to complete file.

Placements
Proposed Procedure

As an education sponsor the University of Portsmouth remains responsible for students who have entered the country under the Tier 4 (General) student immigration route whilst they are on placement. Immigration law states that placements for international students, studying at a HEI, cannot be more than 50% of the course. All international students must be monitored whilst on placement and contact maintained. As there are very few international students who take placements these will be dealt with on a case-by-case basis but the following details will be required to complete the universitys sponsorship responsibilities: Full name of the company which is employing the student Full address of the company which is employing the student Up-to-date contact details for the student (these may have changed as part of the placement) Frequency of university contact with the student and what basis (formal and recorded/informal) Start date of placement End date of placement

Re-sit Policy The university will need to be aware that the UKBA will be monitoring a HEIs provision on re-sits and extensions and will
develop benchmarks for acceptable frequency of confirmations where a student is not moving to a higher level. Therefore some
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provision will need to be made to consider frequency and viability of re-sits. Particularly in response to the new time limit of a maximum of five years on a Tier 4 (General) visa at degree level or above.

Section 2 Partner Providers UKBA Requirements

The UKBA will allow educational providers to provide courses where they are working in partnership with a Tier 4 sponsor, but they will require the licensed sponsor to take responsibility by sponsoring the students directly by issuing the CAS. These arrangements will, for example, accommodate short PSE courses prior to study at a HEI, longer pre-higher education pathway and international foundation year programmes and other courses organised through partnerships between education providers. Where the level of immigration compliance of students studying with the partner provider is found to be below the required standard this will have an impact on the rating of the licensed sponsor and directly impact their ability to sponsor international students for ALL courses.

University of Portsmouths Response International College Portsmouth (ICP)

ICP is a partner institution that is based within the UoP campus. It currently does not hold HTS status. The university has, for the past year, been issuing CAS on behalf of ICP for the joint pathway programmes that are run on a collaborative basis. The University of Portsmouth is ultimately responsible for the actions of these students whilst they are studying at ICP. It is proposed that all students are monitored for attendance and engagement and any who are cause for concern are reported to the PBI Team for further action. Any students who fail to register within the required period are reported to UKBA via the SMS. It is proposed that copies of registration forms, qualifications and passport/visa details are sent through to the PBI Team from ICP post registration. PBI Team will need copies of ALL visa refusal documentation for ALL students.

Language Specialists International (LSI)

The University of Portsmouth has a formal agreement with LSI to provide PSE programmes to students who have received an offer from the university. LSI offer several lengths of programme including Junior Year Abroad (Appendix H). (See section on P 8). Students studying at LSI and in the UK on a UoP SLN are monitored by LSI and reported to the PBI Team should there be any cause for concern regarding attendance. If students fail to register, withdraw or are not in attendance they are reported via the SMS. It is proposed that copies of registration forms, qualifications and passport/visa details are sent through to the PBI Team from LSI post registration. PBI Team will need copies of ALL visa refusal documentation for ALL students.

South Downs College South Downs College holds a franchise from the University of Portsmouth and currently runs a Higher National Diploma in Business. Students studying at South Downs and in the UK on a UoP SLN should be monitored by South Downs and reported to
the PBI Team should there be any cause for concern regarding attendance. If students fail to register, withdraw or are not in attendance they are reported via the SMS. It is proposed that copies of registration forms, qualifications and passport/visa details are sent through to the PBI Team from South Downs College post registration. PBI Team will need copies of ALL visa refusal documentation for ALL students.
A similar programme is offered at the Isle of Wight College but is currently not offered to international non-EU students.

Section 3 English Language UKBA Requirements

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After April 2011 ALL CAS both for new and existing students must confirm that the student is competent at an appropriate level. This level for courses at NQF level 6 and above is B2 of the Common European Framework of Reference (CEFR) in all four components (Reading, Writing, Speaking and Listening).

HEIs may choose their own method of assessment and verification of these competence levels but must be able to produce supporting evidence on request. Students studying at NQF level 5 and lower will be expected to provide evidence on the CAS of a UKBA approved Secure English Language Test (SELT) (Appendix B).

Exemptions
Those who have completed a degree level qualification in the UK or majority English language speaking country (Appendix C), and/or Nationals of majority English language speaking countries

Gifted students
Students who do not meet the B2 requirement but who are deemed to be gifted or highly talented may be exempt from the English language requirement. A statement needs to be made on the Sponsor Management System (SMS) and a letter of support, signed by the Academic Registrar, given to the student to provide as evidence to the Entry Clearance Officer when applying for a Tier 4 visa. These will be expected to be exceptionally talented students. University of Portsmouths Response

English Language Proficiency at CEFR level B2

If a student who is not from a UKBA recognised mainly English speaking country has no UKBA listed SELT, then the university as a HEI, has the right to make their own assessment of an applicants English language ability. We will still need to inform the UKBA via the SMS how we have assessed the applicants English language proficiency and that this is at the required CEFR level B2, this should be recorded on the Overseas Decision Form (OsDF) and any supporting documentation supplied to the PBI Team for referencing with the student UKBA file post registration. To comply with this the university will continue to accept qualifications that are equivalent to our minimum requirement (GCSE grade C or above) and that are validated by the National Recognition Information Centre for the UK (UK NARIC) as being acceptable in lieu of GCSE English Language. If we do not provide this evidence on the CAS then we risk students having their visas refused on the grounds that they do not meet the minimum English language requirement for study. A table of qualifications acceptable in lieu of GCSE grade C or above is available at Appendix D. This is not a definitive list and will continue to be a work in progress. Work is currently being undertaken in order to provide guidance to Faculty Admissions Centre staff and Admissions Tutors when verifiable English language tests cannot be provided by the student. This is likely to involve cross referral to the International Office.

Pre-sessional English (PSE) Language Programmes Language Specialists International (LSI)

In the new guidance UKBA have stated that no PSE programme should be more than three months in length which will impact on the newly introduced, longer LSI programmes and we may need to consider reverting to a two CAS procedure. This will be expensive for students and turn-around times for visa applications will be difficult. However, agreement has been given by the Academic Registrar for students studying on the SLAS PSE to be made UF as soon as proof of registration is confirmed and received by the PBI Team. We may wish to consider this as an option to enable earlier production of CAS statements for LSI PSE students (these can be input but not assigned until confirmation of successful completion received) and more timely availability of UoP registration forms. Consideration will be made over whether a re-branding of the LSI PSE programme can be seen as a pathway programme and treated similarly to ICP programmes.

School of Languages and Area Studies (SLAS)

The SLAS provides three PSE+ programmes. These are a new format for 2011 as they include a shorter time studying prior to the start of the course and have one semester of mandatory (0 credit rating) English language. Programme length, start and end dates can be found at Appendix H. These programmes will be unaffected by the new cap on length of course prior to studying at a HEI.

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Section 4 Additional Conditions UKBAs Requirement

UKBA Border Checks
UKBA retain the right to interview students at port of entry and if they are unable to communicate during a simple interview without assistance may be refused entry, this refusal MUST be authorised by a Senior Border Officer.

UKBA Review of Low-risk Countries

Risk patterns and patterns of compliance change over time and UKBA will build mechanisms to ensure that the lighter touch for students from low-risk countries is regularly reviewed and updated. They will: re-assess the risk and evidence, normally on an annual basis; re-assess the list of nationalities as and when new risks are identified and revert to standard requirements if concerns are confirmed; and randomly assess a sample of applicants to ensure that the initiative is not being abused and that the risk profile remains accurate.

Academic Progression
It is the expectation of UKBA that most students extending their visas will be progressing to a higher course level. From summer 2011 a requirement for the sponsor to confirm that any student is making academic progress when they are applying for further leave to remain to commence a new course that is not at a higher level on the NQF. Under these circumstances the sponsor will be expected to confirm that the new course is complementary to the previous course, for example those moving from a taught Masters degree to MBA, a research based Masters degree or developing a deeper specialisation in a given area. Confirmation of academic progression will be through the CAS, initially in the free text field on the SMS and in due course through a tick box on the CAS form. Exceptions: applications to move to a new course at the same level at a different institution before completion of the initial course (once only); and applications to take re-sits in order to complete the course provided that this will not take the student over the relevant limit (HEI set their own strict criteria on re-sits) UKBA will not seek to challenge an individual confirmation of progression from sponsors, however provision will be monitored and they will strive to develop benchmarks for acceptable frequency of confirmations where a student is not moving to a higher level.

University of Portsmouths Response UKBA Border Checks As this is a new procedure and UKBA have the right to stop and question any student entering the UK the university needs to be aware that it may be approached by Port of Entry Immigration Officers for information regarding the student. All requests for information on any student should be directed to the PBI Team in Academic Registry. UKBA Review of Low-risk Countries The introduction of low and high risk countries will not adversely affect students entering the UK to come to the University of Portsmouth. We will need to make students aware that even if they have not had their qualifications checked by UK Border Agency at the time of applying for their visa they may well be required to present these to the Immigration Officer at their Port of Entry. However this does not mean that the university should be any less vigilant when considering application materials from low risk countries. If any student is found to have supplied fraudulent documents once they reach visa application stage it may be detrimental to the universitys retention of HTS status.

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Academic Progression The university may wish to consider its current policy on re-sits for international students. The UKBA expectation is that a visa extension application will be from a student who wishes to study at the next academic level (NQF level 5 to level 6 and NQF level 6 to levels 7 and/or 8). This will not always be the case for a student who may be required to re-sit units or re-take a complete year. Under the new restrictions on length of stay under Tier 4, students will need to be made aware of the implications of re-sits with regards to the capacity to undertake further study once their present course is completed. The university may wish to consider any detrimental effect that UKBAs monitoring of HEIs provision on current re-sit policy and visa extensions may have on its HTS status.

Section 5 Student Entitlements UKBA Requirement

Students permission to work
Students studying at HEI will retain entitlement to work part-time 20 hours a week during term-time Students studying below degree level will be restricted to working part-time 10 hours a week during term-time All students studying directly with HEI will be able to work full-time during vacations From summer 2011 students applying for entry clearance or leave to remain and who are not sponsored by a HEI or publically funded FE college will NOT be granted permission to work at any time during their studies

Work Placements
The work/study ratio for students studying at a HEI will remain at 50:50. From April 2012 non-HEI sponsored students work placement study/work ratio will change to 66:33.

Dependants
From summer 2011 students applying for their initial grant of leave as a student will only be able to bring their dependent family members (limited to spouses/partners and children aged under 18) where the course is of at least 12 months duration and the student is studying at postgraduate level or is Government sponsored. These dependants will have unrestricted access to the UK labour market.

Time allowed as a student in Tier 4 (General)

Maximum time allowed for study below degree level is three years From April 2012 the introduction of a maximum total period of leave of five years will be introduced for study at degree level and above This will limit the overall time spent in Tier 4 (General) to eight years, with some limited exceptions: i. Advanced courses where, for example as a matter of professional qualifications, the required total period of study is longer than five years UKBA will work with the relevant sectors to define a list of these courses by April 2012, to include: i. Architecture ii. Engineering iii. Law iv. Medicine (including dentistry and pharmacy) v. Veterinary Medicine and Science

Research Students
Research students will not be subject to this time limit. Those who have already accumulated eight or more years leave as a student or in Tier 4 (General) will, as from April 2012, be given the opportunity to complete their course but will be unable to apply for further leave in Tier 4 (General) when their existing leave expires.

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Working in the UK at the end of the course Tier 1 Post Study Work (PSW)
From April 2012 the Tier 1 PSW route will be closed to new applicants. Instead students graduating with a UK degree or PGCE will be able to apply for a job with a UKBA licensed Tier 2 sponsor. Students will only be able to switch into Tier 2 if: they are in the UK before their student visa expires; they will meet the normal criteria for Tier 2, but UKBA will waive the Resident Labour Market Test requirement; they will be paid at least the minimum salary (currently 20,000 pa) or the minimum set out in the relevant code of practice (UKBA will review these to ensure the appropriateness for new graduates). Students switching, as above: will not be subject to the limit on Tier 2 migrants will be able to sponsor any dependants who accompanied them as students but will not be able to sponsor any new dependants UKBA will monitor the numbers switching from Tier 2 and check for any evidence of abuse. If necessary it will consult with the Migration Advisory Committee (MAC) on how to address abuse, including any subsequent imposition of a cap.

Student Entrepreneurs
Within the new regulations UKBA are going to be making provision for bright and innovative students who have a business idea and want to make it work in the UK. They understand that some students who have developed world class innovative ideas for example in science, technology or design may not want to be tied to an employer but want to market their ideas themselves. UKBA will work with the education and business sectors to design a process to identify those whose ideas and innovation can help drive our growth and productivity.

University of Portsmouths Response Students permission to work

At registration students are reminded about the conditions of their stay including permission to work. See Student Responsibilities for UKBA Compliance (Appendix I). This document is sent to students when their CAS statement is emailed to them.

Time allowed as a student in Tier 4 (General)

The university will need to be aware of the amount of time a student has already been in the UK on a Tier 4 (General) student visa as this will now be restricted to 5 years. It may be possible to ascertain this at registration but it would be more pro-active to do this at the offer stage as the university does not want to offer a programme of study to any student that may be unable to complete due to the newly introduced time limit. We will be giving further consideration to the application process and procedures taking this into consideration, along with possible reworking of the application form. The university does offer some enhanced undergraduate programmes and consideration must also be made for students who may (due to the new restrictions) not be able to undertake postgraduate study following their undergraduate programme.

Research Students
The university currently issues research students with a CAS statement stating that the full length of the course is four years, allowing time for the viva voce and any corrections to be undertaken and the programme of research to be successfully completed without the student needing to renew their leave to remain. Any further extensions to this length of time will need to be monitored as, although the restriction do not apply to research students, if they have already been on a previous programme of study (including any time studying prior to Tier 4) and this amounts to eight years no further leave to remain will be granted under Tier 4. Should the student already be in the UK under a Tier 4 (General) student visa this may need to be reviewed dependent upon how much time they have left within Tier 4. We will be working on protocols for this along with the application process (see above).

Working in the UK at the end of the course

As the Tier 1 (Post-study Work) immigration route closes in April 2012 the university may need to consider options for students completing courses that need some form of practice in order to obtain registration from a professional body. For example
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following a four year MPharm Pharmacy programme students wishing to be registered with the Pharmaceutical Society must undertake a one year practice. It may be possible for this to be undertaken under Tier 2 but new restrictions on this mean that the graduate would need to be earning a minimum of 20,000 per annum and be sponsored with a Tier 2 Sponsor. We will be moving forward with this in light of the PSW immigration route closure and information will be available in the near future.

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Appendices
Appendix A UKBA Low-Risk Countries (as at April 2011)
Argentina Australia British National Overseas Brunei Canada Chile Croatia Hong Kong Japan Mexico New Zealand Singapore South Korea Trinidad and Tobago United States of America

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Appendix B UKBA Secure English Language Tests (SELT)

Please note: This is the UKBA complete listing. A full listing of acceptable tests for University of Portsmouth is at Appendix D) The UKBA accepts tests provided by the following organisations for use as evidence of proficiency in English Language. The following list is valid from 4 August 2011 English Language Test Awarded by Level Minimum Grade Test Documents required with Required Validity application Test of English as a Foreign Educational B1 Listening 13 2 years Score Report Language Internet based test Testing Service Reading 8 (TOEFL IBT) (ETS) Writing 17 Speaking 19 Test of English as a Foreign Educational B2 Listening 21 2 years Score Report Language Internet based test Testing Service Reading 22 (TOEFL IBT) (ETS) Writing 21 Speaking 23 Pearson Test of English Pearson B1 Listening 36 2 years On-line printout of Score Academic (PTE Academic) Reading 36 Report Writing 36 Speaking 36 Pearson Test of English Pearson B2 Listening 51 2 years On-line printout of Score Academic (PTE Academic) Reading 51 Report Writing 51 Speaking 51 International English Language University of B1 Overall band 4.0 5.0 2 years Test Report Form Testing System (IELTS) Cambridge ESOL with no component Academic Examinations below band 4.0 International English Language University of B2 Overall band 5.5 6.0 2 years Test Report Form Testing System (IELTS) Cambridge ESOL with no component Academic Examinations below band 5.5 Certificate of Proficiency in University of C2 Grades A C No Expiry Certificate and Statement English (CPE) Cambridge ESOL On statement of of Results Examinations results the graphical profile must show as borderline or above on each skill Certificate in Advanced English University of C1 Grades B and C No Expiry Certificate and Statement (CAE) Cambridge ESOL On statement of of Results Examinations results the graphical profile must show as borderline or above on each skill No Expiry Certificate and Statement First Certificate in English (FCE) University of B1 On statement of Cambridge ESOL results the graphical of Results Examinations profile must show as a minimum Listening weak Reading weak Writing weak Speaking weak Preliminary English Test University of B2 On statement of No Expiry Certificate and Statement of Results Cambridge ESOL results the graphical Examinations profile must show as a minimum Listening borderline Reading borderline Writing borderline Speaking borderline

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Appendix C UKBA Listing of majority English-speaking countries

Antigua and Barbuda Australia The Bahamas Barbados Belize Canada Dominica Grenada Guyana Jamaica New Zealand St Kitts and Nevis St Lucia St Vincent and the Grenadines Trinidad and Tobago United States of America

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Appendix D University of Portsmouth acceptable proof of English Language proficiency

Qualification International English Language Testing Scheme (IELTS) Academic Grade Requirement University standard minimum requirement is overall band 6.0. (However, please see individual course requirements as some do differ) University minimum requirements is overall score of 79 - 92. (Please see individual course requirements) University minimum requirements is overall score of 50 - 57 Pass Validity (if applicable) 2 years

Test of English as a Foreign Language Internet-based test (TOEFL IBT)

2 years

Pearson Test of English Academic (PTE 2 years Academic) Cambridge ESOL Certificate of No Expiry Proficiency in English (CPE) Cambridge ESOL Certificate of Advanced Pass No Expiry English (CAE) In line with the guidance offered on the National Recognition Information Centre for the UK (UK NARIC) database, the following qualifications are considered to be the equivalent of GCSE grade C or above and are considered acceptable as a suitable alternative to the SELTs. The use of NARIC will need to be credited on the SMS for UKBA confirmation on assessment. Ghana Secondary School Certificate Grades A1 C6 No Expiry Indian Grade XII Over 80% (IELTS 6.0) No Expiry Over 90% (IELTS 6.5) International Baccalaureate Diploma Higher Level (Grade 4 or above) No Expiry Kenya Certificate of Secondary Grades A C No Expiry Education Malaysian SPM (Advanced 1119) Grades 1 6 No Expiry Nigerian Education Council Organisation Grades A1 C6 No Expiry Senior Secondary Certificate Norwegian Vitneml fra den Grade 4 or above No Expiry Videregende Skole

Pakistan Intermediate/Higher (only Advanced or Elective considered equivalent to GCSE) Tanzania Certificate of Secondary Education Uganda Certificate of Education West African Examinations Council Senior Secondary Certificate Zambia School Certificate

Over 50%

No Expiry

Grades A C Grades 1 6 Grades A1 C6 Grades 1 6

No Expiry No Expiry No Expiry No Expiry

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Appendix E Sample CAS Statement

CAS STATEMENT
(For student use only you do not need to submit this when applying for your visa)
Issued on behalf of the University of Portsmouth - Sponsor Licence Number 926WMQQ73

CAS Number FP8X08G67PO9T

Personal Information Surname Given Name Date of Birth Gender Nationality Country of Birth Passport Number Student Identifier Course Information Course Title Course Type Start Date Expected End Date Final Date for Registration Mode of Study Bhatti Sanjeev 12 November 1989 Male Indian India FP879546J 987345 MSc Mechanical Engineering Masters not mainly by research 12 September 2011 30 September 2012 4 October 2012 Full-time This course is subject to ATAS clearance. Please ensure that you have received a clearance certificate prior to applying for your Tier 4 visa. Faculty of Technology, Portland Building, Portland Street, Portsmouth. PO????

Main Study Address Evidence provided 2010 Bachelor of Technology in Mechanical Engineering Second Division 2006 All India Grade XII Secondary School Examinations 85% (recognised by UK NARIC as equivalent to GCSE grades AC) Financial Information Actual Fee to Pay 2011/2012 (after 9,450
any allowed discounts)

* Any payment received (tuition) 1,000 Any payment received (halls) 200 Partner Institution (if applicable) Partner Institution Information Not applicable *Please note that if the course is a split masters programme the second year fee will appear BUT will not be input to the SMS

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Appendix F Joint Responsibilities

Tier 4 - Sponsorship Duties

Joint responsibilities to meet the Universitys sponsorship duties
The University of Portsmouth is happy to sponsor you as a student, under Tier 4. We need to work together to ensure that we remain compliant with the conditions of your sponsorship. This is very important, because if the university fails to comply, your visa may be revoked and so may our sponsor licence; we would then be unable to sponsor any students.

For every student who enters with a visa, the University must keep and make available to UKBA officials the following:
a copy of all sponsored students passport pages or UK immigration status document, showing all personal details and leave stamps, including evidence of their entitlement to study in the UK and the period of that permission to stay a copy of the students ID card up-to-date contact details (address, telephone number, mobile telephone number)

For every student who is sponsored with a CAS, in addition to the above details the University must record:
confirmation and date of students registration record any late arrival and the reason for this record each expected contact record any student who defers record any student who withdraws record any student whom we cease to sponsor record any significant change to circumstances (for example change in course length)

And we must report to the UKBA: students who fail to register on their course before the final date for registration any student who misses 10 expected contacts students who withdraw from their studies students who defer their studies any changes in students circumstances (for example change in course length) any student suspected of being in breach of the conditions of their leave

In addition the student must understand and abide by the following conditions:
working restrictions no access to state benefits possible registration with the police notify the University of changes to contact details, personal details and/or appearance notify the PBI Office of any changes to your status conditions on the students partner and/or children who enter the UK as their dependents understand that any time the student spends in the student category does not count towards the time needed to qualify for settlement in the UK

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Appendix G Cause for Concern Form (Monitoring student engagement/attendance)

CAUSE FOR CONCERN FORM

Student Name:

Student ID Number:

Course Title:

Last confirmed date of attendance:

(unauthorised absence confirmed)

Date initial email sent:

(including any deadline for response, attach copy to file)

(include email address and notes if failed)

Response
If response received the action taken
(including any follow up on attendance monitoring)

If no response received

Formal correspondence, including a final deadline

(attach copy to file)

Deadline date:

Response
If response received the action taken
(including any follow up on attendance monitoring)

If no response received

HANDED TO PBI TEAM FOR ACTION Date sent to Academic Registry:

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Appendix H Pre-sessional English Language Programmes

Language Specialists International Programmes (length and start dates) 2011 Programme 1 25 weeks 21 March 2011 Programme 2 18 weeks 9 May 2011 Programme 3 12 weeks 20 June 2011
Muslim Option Available 9 May 2011

Programme 4
Muslim Option Available

8 weeks 4 weeks 1 Semester English followed by 1 Semester Academic

18 July 2011
6 June 2011

Programme 5 Junior Year Abroad

15 August 2011 22 August 2011

School of Languages and Area Studies Programmes (length and start dates) 2011 Programme 1 9 weeks 11 July 2011 Programme 2 6 weeks 1 August 2011 Programme 3 4 weeks 15 August 2011

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Appendix I Student Responsibilities for UKBA Compliance

Tier 4 - Sponsorship Duties

The University of Portsmouth is happy to sponsor you as a student under Tier 4 of the Points Based Immigration System. This document is a summary of your responsibilities whilst under our sponsorship. What the University requires of you To ensure the University remains compliant with UK Border Agency (UKBA) Student Immigration Rules, we require you to undertake the following. If you fail to comply, we may have to report your non-compliance to the UKBA. Before arrival a. b. c. Check your visa contains the correct dates. Your visa expiry date should be after your course ends. If you believe that the dates are incorrect email the PBI Office to discuss your concerns. Keep your passport safe. Take copies of all pages of your passport that contain information, no matter how minor, and all other documents before travelling and keep these securely in a different place from your passport. Arrive at Portsmouth by the date given as the course start date in the CAS. If, for any reason, you are unable to arrive by this date you must inform the PBI Team by email as soon as possible, stating your arrival date and the reason for the delay.

When you arrive 1. i. ii. You must: report to the International Office to confirm that you have arrived attend formal registration, providing your passport and visa/ID card along with the original certificates/transcripts that appear on your CAS statement iii. attend school/departmental induction [information will be given to you by the International Office at Orientation] 2. register with the police if this is a condition of your entry to the UK. Your passport or ID card will include this information along with any time frame for this. Please note not all students will need to do this.

Whilst you are studying 1. 2. 3. 4. You must make ten contacts with the PBI Team over the duration of your course. For every contact, you must: report to the PBI Team within seven working days of the beginning of each term unless prior agreement has been given for an alternative contact date, and produce your student ID card, passport and visa/ID card, and You must keep your contact details current. You can do this through Victory or by contacting your Course Administrator. You must abide by all the conditions of your visa. The UKBA website details these conditions and includes such things as restrictions on work. If you intend to withdraw from your studies you will need to complete the formal procedures in place within your school/department. You must also inform the PBI Team who will inform UKBA of this change. You must then return home as your Tier 4 visa will become invalid. If you interrupt your studies after you have arrived in the UK the UKBA states that your permission is no longer valid because you are not actively studying. If this happens the PBI Team reports your interruption to UKBA. The UKBA expects you to leave the UK as you are not actively studying. You will need to contact the PBI Team with your flight details when you leave the country. Once you are ready to return if your visa is still in date you may contact the PBI Office with your arrival date and flight details and these will be reported to UKBA. If your visa is no longer valid you will need to apply for a new visa. Contact the PBI Team who will issue a new CAS. You may wish to discuss any implications that your interruption may have on your migrant status with the PBI Team/International Office Student Advisor prior to finalising this.

5.

Visa Expiry Date

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Note the date your visa expires. You must not remain in the UK after the date given. If you need more time to complete your course then you will need to apply for a new student visa. Contact the PBI Team when you wish to start processing to extend your visa. This should be at least two months ahead of your visa expiring. The International Office offers a service for extending student visas, you may contact them at [email protected] for advice.

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University of Portsmouth Census Points for UKBA Compliance

Appendix J (i) University of Portsmouth Census Points Rationale

Census Point 1 Registration The university provides a fully supported registration period during which students are asked to provide the following documentation: Valid passport UK immigration status document or Biometric Residence Permit (BRP) Original certificates and/or transcripts, of all qualifications (including any certified translations) which appear on the CAS statement. Students are also required to check, complete/amend and sign a university registration form. Campus Card Restrictions (2011 Entry onwards) As the University of Portsmouth is a Highly Trusted Sponsor we can register students who do not yet hold a valid visa vignette/UK BRP bearing the Sponsor Licence Number (SLN) of the University of Portsmouth, however it has become apparent that students do not always comply with applying or informing PBI Team when visas have been issued or otherwise. To combat this beginning in September 2011 students not holding a visa/BRP bearing the University of Portsmouths SLN will be given the opportunity to register but will be issued with a Campus Card with the following restrictions: Valid visa/BRP bearing University of Portsmouth SLN unrestricted No University of Portsmouth visa/BRP but receipt from UKBA showing application has been made restricted to 4 months No University of Portsmouth visa/BRP and no receipt from UKBA showing that an application has been made restricted to 4 weeks to enable student to apply for visa and to bring in receipt letter confirming that application has been made Once a visa/BRP bearing University of Portsmouth SLN has been presented and checked by PBI Team then a Campus Card collection slip will be issued to enable the student to collect an unrestricted Campus Card. Census Point 2 Mid-year (February/March following initial registration) It is the intention of the University of Portsmouth to introduce a mid-year census point that will give students the opportunity to have their immigration status checked ensuring their continued adherence to student immigration rules for their remaining time in the UK. This will also give them an opportunity to check with trained experts as to any upcoming changes that may affect their continuing Leave to Remain as well as to gain advice on when to apply for any extension that may be required in order to complete their course. Census Point 3 Final Assessment/Graduation A report will be run to pick up all registered students who are NOT graduating to check that the final assessment for the current academic year has been completed.

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Appendix J (ii) University of Portsmouth Census Points Matrix

Overview of agreed monitoring for all non-EEA students, sponsored with a CAS and registered at Portsmouth.
Pattern repeats over remaining years of study, for programmes of two years or more Autumn Term 24 Month 15 Month 48 - 60 Month 12 Month Programmes 36 Month Programmes (eg Programmes (eg Programmes (eg (eg MSc Social Programmes MEng, MPharm, MSc Project MSc Finance) Work, HND (eg BA) PhD) Mgt) programmes) Registration Spring Term Census Point - each Faculty will be given a week when international students should come to PBI Team with their Passports and Visa/BRP Summer Term End of Year End Of Year Assessement / Assessement Viva Report to check final assessments have been handed in to cover all Registered nongraduating students End of Year Assessment End of Year Assessment End of Year Assessment

Registration

Census Point - each Faculty will be given a week when international students should come to PBI Team with their Passports and Visa/BRP

Registration

Census Point - each Faculty will be given a week when international students should come to PBI Team with their Passports and Visa/BRP

Registration

Census Point - each Faculty will be given a week when international students should come to PBI Team with their Passports and Visa/BRP

Registration

Census Point - each Faculty will be given a week when international students should come to PBI Team with their Passports and Visa/BRP

All students report for registration to Orientation Programme, Central Registration or PBI Team (post initial registration period)

All students report to PBI Team as pre-determined by the PBI Team (in agreement with the School/Department)

The mid-year Census point is also to give students the opportunity to check with the PBI Team that their visas are still current/valid and have not been curtailed and to receive advice on whether or not they will need to request a new CAS number and when this should be done in order to apply for Leave to Remain in the UK to complete their studies.

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Appendix K English Language Statements

Statement 1 Students holding a UKBA recognised Secure English Language Test (SELT) score The University of Portsmouth has assessed this students English Language ability and confirm that it is equivalent to CEFR Level B2 or higher in each of the four components of language learning. No documents are required to be submitted as evidence of this. Statement 2 Students holding an English language qualification not recognised by UKBA from a non-majority English speaking country (but confirmed as being acceptable in lieu of GCSE by NARIC) The University of Portsmouth has assessed this students English Language ability and confirm that it is equivalent to CEFR Level B2 or higher in each of the four components of language learning. This qualification is recognised by UK NARIC as equivalent to the universitys minimum requirement for entry. No documents are required to be submitted as evidence of this. Statement 3 Students whose English language has been assessed by interview (either over the telephone or face-to-face) (See additional pro-forma for completion) The University of Portsmouth has assessed this students English Language ability and confirm that it is equivalent to CEFR Level B2 or higher in each of the four components of language learning. The student has undergone an intensive interview. No documents are required to be submitted as evidence of this. Statement 4 Students who have previously been taught in English in a majority English speaking country The University of Portsmouth has assessed this students English Language ability and confirm that it is equivalent to CEFR Level B2. This student completed degree in (country). No further language test required. No documents are required to be submitted as evidence of this. Statement 5 Students who have previously been taught in English in a non-majority English speaking country The University of Portsmouth has assessed this students English Language ability and confirm that it is equivalent to CEFR Level B this student completed degree in (country). No further language test required. No documents are required to be submitted as evidence of this. Statement 6 Student who is a national of a majority English speaking country Student is a (country) national. No further language test required. No documents are required to be submitted as evidence of this. Statement 7 Exchange Students The University of [name of partner institution] has assessed this students English Language ability and confirm that it is equivalent to CEFR Level B2 or higher in each of the four components of language learning. The student will be following an Exchange Programme with the University of Portsmouth under a long-standing partnership. No documents are required to be submitted as evidence of this. Statement 8 Alumni Student Statement The University assessed the students English language proficiency as being acceptable for entry to this course. Further language test not necessary as student is making normal progress through the programme of studies. No documents are required to be submitted as evidence of this. Statement 9 Academic Progression Statement The University of Portsmouth confirms that this student is making academic progress by undertaking this course of study.

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Tables
(Table i)

Sponsorship Requirements Summary

Category Existing sponsors meeting new requirements on both accreditation and HTS status Sponsors meeting new requirements on accreditation Effect No restriction on CAS allocation. Granted licence, but with CAS allocation limited. Must achieve HTS status within 12 months to be able to continue to sponsor new students. Must obtain HTS status by April 2012. Interim limit on CAS allocation. Must obtain new accreditation by the end of 2012. Interim limit on CAS allocation. Must obtain HTS by April 2012. Must obtain accreditation by the end of 2012. Interim limit on CAS allocation. Not able to sponsor new students. Not able to sponsor new students. Existing students have 60 days to find alternative sponsor.

Existing sponsors meeting new requirements on accreditation but not HTS Existing sponsors with HTS but not meeting new accreditation requirements Existing sponsors not meeting new requirements on either accreditation and HTS status Any sponsor licence downgraded to B rating Any sponsor licence suspended Any sponsor licence revoked (Table ii)

Tier 4 (General) English Language Requirement Summary

Category Exemptions: Students moving from Tier 4 (Child) into Tier 4 (General); Those who have completed a qualification equivalent to a UK degree which was taught in a majority Englishspeaking country; and Nationals of majority English-speaking country. Students following courses between NQF 3 and NQF 5 including: Foundation degrees; Pathway courses; Pre-sessional courses; English as a foreign language at CEFR level B2. Non-HEI students following courses at NQF 6 and above HEI students following courses at NQF 6 and above. Requirement No requirement

Valid SELT certificate at B1 level

Valid SELT certificate at B2 level Confirmation from HEI that the student is competent to B2 level; or Confirmation from the sponsor that an exemption should apply on the basis that the student is exceptionally gifted.

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(Table iii)

English Language Requirement Summary Qualification SELT Course Level Pre-sessional B1 English (in all components) B2 Pre-degree (in all components) B2 Degree (in all components) B2 PG Taught (in all components) B2 PG Research (in all components)

Non-SELT Qualification Not acceptable University approved list (including those confirmed by UK NARIC) University approved list (including those confirmed by UK NARIC) University approved list (including those confirmed by UK NARIC) University approved list (including those confirmed by UK NARIC)

No Qualification (university approved) Not acceptable B2 (in all components) B2 (in all components) B2 (in all components) B2 (in all components)

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