TIER 4 Ion Plan - UK Border Agency

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STUDENTS UNDER THE POINTS

BASED SYSTEM - (TIER 4)


IMPLEMENTATION PLAN
Change history

This document was updated in August 2009 in accordance with approved revisions
to Phase 3 of the Tier 4 Implementation Plan. Changes have been made primarily
to paragraphs 12 – 16
THE TIER 4 IMPLEMENTATION PLAN

1. The ‘Students under the Points PHASE 1: SPONSOR REGISTRATION


Based System - (Tier 4) Statement
of Intent’, published in July 4. Since Monday 28 July 2008, the
2008, committed to publishing sponsor register has been open to
an Implementation Plan for Tier all education providers to apply
4 in October 2008. The new to the UK Border Agency to
student route under the Points become licensed sponsors.
Based System will introduce
five key changes to the current 5. Education providers who want
system, which can be found in the to be able to sponsor would-be
Statement of Intent. Following students through Tier 4 should
consultation with the education apply for a sponsor licence as
sector over the summer, the soon as possible. Sponsors were
original Implementation Plan for encouraged to apply no later than
Tier 4 was published. 2 February 2009 in order for the
UK Border Agency to ensure that
2. The original Implementation sponsor applications were processed
Plan was revised in August 2009 in time for the March 2009 policy
in accordance with Ministerial implementation. Applications made
approval of refinements to Phase 3 after 2 February 2009 are still being
of the Tier 4 Implementation Plan. accepted. The UK Border Agency
will adopt a risk based approach to
3. Tier 4 of the Points Based System compliance visits for Tier 4.
will be delivered across four phases:
6. Further information on
sponsorship under the Points
Based System can be found at:
www.ukba.homeoffice.gov.uk/
employers/points/


STUDENTS UNDER THE POINTS BASED SYSTEM - (TIER 4) IMPLEMENTATION PLAN

PHASE 2: POLICY IMPLEMENTATION intake after this date. Any student


visa applications or applications
7. Since the end of March 2009, for an extension of leave made
students applying to come to the after the end of March will be
UK have been assessed under the refused if the education provider
new points system. Changes to is not licensed by the UK Border
the current system for students Agency on the new Sponsor
included: Register. Education providers can
still apply for a sponsors licence.
• Only allowing adult students
from overseas to study in the 9. Since March 2009, students
UK where they have a proven applying to come to the UK have
track record in studying before had to demonstrate that they
they come here; and have:

• All adult students must be • Evidence of sufficient funds


enrolled on a course at Level to pass a maintenance test; and
3 or above on the National
Qualification Framework • The education documents
(NQF) or its equivalent used to obtain an offer
or a course at Level A2 of from the sponsor, such as
the European Common qualification certificates.
Framework of Reference for
Language if they are seeking 10. Since March 2009, education
to learn English. providers have had to:

8. All education providers wishing • Ensure that students comply


to bring students from outside with the terms of their visa; and
the European Economic Area
(EEA); into the UK need a • Comply with record keeping
licence from the UK Border duties – keeping copies of
Agency. Education providers passports, keeping and updating
not recruiting students at this student contact details.
time still need to ensure they
are licensed by the UK Border 11. Since March 2009, sponsors
Agency in time for any student have had to issue potential


students with a letter confirming PHASE 3: TRIAL AND
the students’ details, course of IMPLEMENTATION OF THE
study, course duration, along SPONSORSHIP MANAGEMENT
with their sponsor registration SYSTEM FOR IN-COUNRTY
number (Phase 2). This letter is MIGRANT APPLICATIONS
generally referred to as the visa
letter. Reporting failure to enrol 12. In Autumn 2009 the UK Border
on a course, non-attendance and Agency will implement the IT
discontinuation of a course will system to support the PBS Tier
only be mandatory once the IT 4 route (Phase 3). This IT system
system is trialled in Autumn 2009 is the sponsorship management
(Phase 3), although sponsors system (SMS). Detailed discussions
are able to provide these details have been held with education
voluntarily prior to this date. sector representatives in regards
to the IT and the opportunity has
been provided for educational
institutions to contribute to the
development process.

13. The implementation of the SMS


will enable institutions to issue
Confirmations of Acceptance
for Studies (CAS) to potential
students and to fulfil their
sponsorship obligations to report
back to the UK Border Agency if
a student fails to enrol.

14. Phase 3 is voluntary and allows


sponsors the option to use the SMS
to issue CAS to Migrants in the
UK instead of the paper visa letter
(Phase 2). As the use of the SMS
to issue CAS will not be mandatory
during phase 3, sponsors will have
the following options:


STUDENTS UNDER THE POINTS BASED SYSTEM - (TIER 4) IMPLEMENTATION PLAN

• Continue to issue students in 16. All out-of-country (non-UK


the UK with visa letters as per based) Tier 4 applications will still
Phase 2 and not use the SMS require a visa letter during phase
to issue CAS until Phase 4. 3. CAS will not be accepted for
Tier 4 applications made from
• Use the SMS to issue CAS outside of the UK.
to some students in the UK
while continuing to issue visa
letters to others; allowing the
sponsor to gradually adopt the
full use of the SMS.

• Use only the SMS to issue


CAS to all in-country
Migrants.

15. The SMS will be available from


Autumn 2009 for sponsors
to trial the gradual roll-out of
issuing CAS to migrants in the
UK and phase-in the SMS in
the most appropriate way for
their institution. Phase 3 enables
sponsors to use the SMS to issue
CAS to:

• Would-be students in the


UK who are switching from
another Tier (or predecessor
route) into Tier 4.

• Would-be students in the


UK who are extending their
current student visa.


PHASE 4: SPONSORSHIP
MANAGEMENT SYSTEM AND CAS
FOR ALL APPLICATIONS

17. From February 2010, all potential


students applying in- and
out-of-country will require a
sponsor issued CAS to apply to
the UK Border Agency. It will
be mandatory for sponsors to
use the SMS to issue a CAS to
all potential students who are
applying in- or out-of-country.
Students will not be able to use
visa letters to apply to the UK
Border Agency for a Tier 4 visa
once CAS are mandatory.


STUDENTS UNDER THE POINTS BASED SYSTEM - (TIER 4) IMPLEMENTATION PLAN

Produced by UK Border Agency


ISBN 978-1-84726-844-0
© Crown copyright August 2009


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