Points-Based Immigration System
Tier 4 (students) of the new Points-Based Immigration System (PBIS)
Tier 4 of PBIS is now 'live'
This means that all visa nationals wishing to come to the UK for the purpose of study will have to apply for their visa under the new system, unless they already have a valid visa issued before 31 March 2009.
All programmes of study exceeding 6 months in length automatically fall within Tier 4. Students granted a Tier 4 visa will have permission to work (paid or unpaid, and including integral internships) for up to 20 hours per week in term-time, and full-time in University holidays. Extension applications and applications to change Tier can be made whilst in the UK.
For periods of study of less than 6 months there is the option to apply for a “Student Visitor Visa”, however this is more restrictive as no work is allowed, and the visas are unable to be extended or changed to a different Tier whilst in the UK.
UCL’s Sponsor Licence
UCL is a licensed Sponsor institution with the UK Border Agency and has an ‘A’ rated Sponsor Licence, and this one licence covers the student route for the whole of the University.
There is a separate licence covering employees under Tiers 2 and 5 of the Points-Based Immigration System (PBIS), and this is held by HR.
As a Sponsor institution there are various requirements and responsibilities that UCL has to comply with, and upon which we will be audited by the Home Office.
Failure to meet our duties as a Sponsor would result in UCL losing it’s Tier 4 licence – the result of which would mean that no further visa national students would be able to come to study at UCL, and nor would existing visa national students who need to extend their visas be able to complete their studies.
Requirements for Tier 4
In order for a student to successfully apply for a Tier 4 student visa the following criteria must be satisfied:
The 40 points required for a Tier 4 visa come from the student having a CAS, (a “Confirmation of Acceptance for Studies”) from their selected institution, and being able to evidence sufficient funds as shown below.
Please note: Both of these elements are essential and are unable to be substituted.
The following criteria must also be satisfied:
- Full-time study only, (and at a level of at least NQF Level 3) – part-time programmes are not allowed under the new system for those visa national students whose substantive purpose for coming to the UK is to study
- The selected place of study can only be an institution listed on the UKBA Sponsor Licence Register, and this will be named on each Tier 4 visa
- A confirmed unconditional offer for a named programme of study
- Evidence of sufficient funds, known as ‘maintenance’- Tuition fees for the first year- £800 per month for 9 months, (£7,200) - or for the duration of their course, whichever is the shorter period.
Visa applicants under Tier 4 will have to evidence the above funds in a bank account in their own name (or joint names) – and for visa applications made after 1 June 2009 the funds will have to have been in that account for at least 28 days prior to making the visa application.
Stop Press: The UK Border Agency have confirmed as of 1 June 2009 that the need to prove a student has funds in their bank account for 28 days will now come into force on 1 October 2009. All applicants applying for a Tier 4 student visa prior to 1 October 2009 will only be required to demonstrate that they have funds in their bank account on the day that they apply for their visa.
We recognise that this criteria is going to be the most difficult one for some students to meet, however it is non-negotiable and failure to provide this financial evidence in addition to the visa letter will result in an automatic rejection of the visa application.
All evidence provided to the Border Agency when making a visa application will have to be original documentation – photocopies and scanned copies will not be accepted.
UCL’s implementation of Tier 4
As a result of the significant implications of non-compliance, every effort is being made to support colleagues by centralising the implementation of UCL’s response to Tier 4 of PBIS. This approach will reduce duplication of tasks and minimise the impact on workloads, and to ensure consistency and overall compliance. All staff involved in admissions processes within UCL will be receiving clear procedural guidance and support over the coming months.
Three briefing sessions were held for staff during March, and the attached documents provide a reference to the:
We are currently in the process of embedding template visa letters into Portico so that they can be easily generated as a latter stage in the admissions process to prospective students who have a status of “Unconditional Firm” – and guidance as to their use will be cascaded to colleagues over the coming weeks.
We will be using tamper-proof paper for visa letters as a means of aiding authentication by the Border Agency and thereby supporting our students through this new process with the minimum of disruption. Similarly, it is likely that visa letters will be sent out via couriers to ensure safe and swift receipt in order that visa applications can be made as soon as possible.
Although offer letters will continue to be generated as per the existing practice, all colleagues are advised not to issue any other formal letters to students regarding information to support visa applications or their existing student status (the latter should always be referred to Student Records in Registry).
In addition, retrospective changes to student status will no longer be permitted, so any changes should be notified to Student Records immediately.
Full procedural guidance is being drafted for colleagues, but in the meantime any individual queries relating to Tier 4 should be forwarded to:
Kathleen Nicholls (kathleen.nicholls@ucl.ac.uk), Points-Based Immigration System key contact with UKBA.
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This website will be regularly updated over the coming months, as will the student sites, so please bookmark this link for ease of reference.
The full policy guidance for Tier 4 is available at: http://ukba.homeoffice.gov.uk/
