education update - issue nine
Tier 4 management system: are partnership agreements the answer?
In March 2009, the government over-hauled the way students from
outside the EEA and Switzerland gain entry to study in the
UK. The Home Office’s four-stage licensing scheme, the new
Points Based System (PBS), was rolled out to all educational
establishments to ensure more forensic accreditation processes are
followed. The PBS scheme obliges educational institutions to
be accredited, to register their sponsors, to identify key
personnel to manage the systems, to have a certificate of
sponsorship and requires prospective students to gain a minimum
level of entry (assessed by points).
The rationale behind this change is to stop
the abuse of the system by both fraudulent students and
institutions. Tuition fees from international students
generate £2.5 billion a year in the UK and the scope for exploiting
this market has, until recently, been vast. The Home Office
scheme seeks to encourage only genuine applicants to apply and
study in the UK.
How is the new licence affecting education
providers?
The reasons for the change are apparent and necessary.
However, what has not been so widely acknowledged is the extra
administrative time and costs this measure will create for
education providers now that they must be licensed as a
sponsor.
There are at least four separate roles
involved in managing the scheme as a sponsor. Costs may be
kept down if these responsibilities can be merged with existing
roles. If not, the cost of employing new staff will, no
doubt, create problems for the providers in question.
Furthermore, the cost for a school or college to apply for a
licence and becoming an accredited sponsor is currently £400, with
each confirmation of acceptance for study costing £10 per
student.
More onerous than the financial burden are the
duties these roles impose. Record keeping and compliance with
the law is one thing, but the reporting duties also place
considerable responsibilities on the sponsors. If they are
found to be falling short of any of their obligations, criminal
proceedings can be instigated against individuals and there could
be civil penalties against the provider. Most likely the
sponsorship licence will also be withdrawn, creating financial
concerns, but more importantly, there will then be the problem of
numerous non-EEA/Swiss pupils living in the UK without a valid
sponsor.
Where are we now?
Phase three of Tier 4 went live on the 5
October 2009. Phase three is the voluntary trialing period of
the sponsorship management system for Tier 4 sponsors. This
trial period allows sponsors to continue using visa letters, whilst
gradually adopting the use of the sponsorship management system to
issue confirmations of acceptance for studies prior to them
becoming mandatory in February 2010.
Could partner institutions be the
solution?
A high level of confusion has surrounded pupils who attend
pre-sessional courses in the UK before they move onto their main
educational provider (as is often the case with international
students). Do they need two different visas? Do both the
pre-sessional provider and school have to offer visa letters?
The answer could be no if education providers can benefit from
forming ‘partnerships’ with each other. This would ensure
less administrative costs for the providers, and a hassle-free
transfer for the pupil from one provider to the other.
Are there any catches?
As with all new things, there are some pros and cons as things
develop. On the positive side, the collaborative effect of
‘partner institutions’ means the pupil will only need to apply for
one child student visa. The administration involved in this
would be minimal for the institution offering the pre-sessional
course as well as less cost and paperwork for the parents.
Furthermore, a student would not need to leave the UK after
completing the pre-sessional course in order to make a fresh
application in respect of their substantive education provider.
On the other hand, the single grant of entry
clearance to cover both the pre-sessional course and the
substantive course will only be granted where the two providers are
named as ‘partner institutions’ on the sponsor licence. This
could lead to problems if one institution omits to fulfil their
obligations or fails in their duties. In this case both
institutions would be held accountable given the singular nature of
the application.
How can you avoid these pitfalls?
A legal agreement between the partners would allow for transparency
as well as security. It would mean both providers are clear
about their obligations to one another as well as where liability
for the students begins and ends. It does not have to be a
lengthy document, but it needs to outline all the key areas of
responsibility and when and how they manifest themselves.
Given the very recent closures of bogus institutions and fraudulent
applications, prudent sponsors should ensure they have one in place
should they elect to respond to the new requirements in this way.
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