It is obvious that having a Student Sponsor licence is an invaluable asset for any higher education institution.

Not only does it provide diversity to the student body, but it contributes greatly to the local economy and is a good income stream.

However, if something negative happens to an institution’s sponsor licence - the consequences can be dire.

Here are some of the key considerations and things to look out for to minimise putting your institution’s student sponsor licence at risk.

Background

A lot of work is involved in obtaining an initial student sponsor licence and maintaining it.

Firstly, it involves putting together and submitting a robust online application to UK Visas and Immigration (“UKVI” which is part of the Home Office) together with the required supporting documents.

UKVI will assess each application against the:

• Guiding principles;
• Educational Oversight requirement
• Eligibility and suitability requirements for a Student Sponsor licence

If UKVI is satisfied, they will grant the institution Probationary Sponsor status.

It is only after further satisfactory assessment, that an institution will be granted full Student Sponsor status.

Probationary Sponsor status

The “training wheels” of the Student Sponsor licence, this is the interim sponsorship status granted to new applicant institutions.

It allows licence holders to become familiar with the immigration system and to establish a record of compliance.

Due to its transitional status, there are various limitations on institutions.

For example, they cannot offer courses:

• at Regulated Qualifications Framework (“RQF”) level 3 (and equivalent) (unless they are a Child Student Probationary Sponsor and wish to offer courses to child students at this level);
• at RQF level 3 (and equivalent), unless the applicant is under the age of 18;
• below degree level that include work placements;

In order to remove the “training wheels”, it is necessary to apply for and pass a Basic Compliance Assessment (“BCA”) within 12 months of being granted the interim status.

Sponsors are assessed against and must meet all three core requirements by having:

1. a visa refusal rate of less than 10% (in relation to Student visa applications)
2. an enrolment rate of at least 90%
3. a course completion rate of at least 85%

The assessment will calculate the above rates for the 12-month period immediately before the date of application of the BCA.

If a Probationary Sponsor fails a BCA, UKVI will usually begin the process to revoke the institution’s Student Sponsor licence, although there is limited time to challenge the decision.

Student Sponsor status

After passing the first BCA, the institution will be granted full Student Sponsor status.

This removes the various limitations imposed on a Probationary Sponsor.

In addition, it allows institutions to apply to add other categories to their sponsor licence for instance the Skilled Worker category to sponsor foreign migrants to work in the UK.

However, there is an ongoing duty to apply for and to pass an annual BCA (not just at the Probationary Sponsor stage) and it is worth noting that a sponsor licence is only valid for four years so it will be important to diarise these key dates, especially if an institution wishes to renew its licence.

Sponsorship duties

UKVI describe sponsorship as being a privilege and not a right.

It is necessary for institutions to show they can and are fulfilling the numerous sponsorship duties (whether this is with Probationary Sponsor or Student Sponsor status) including:

• acting honestly in all dealings with UKVI – e.g. not making false statements/ disclosing all relevant information
• acting with integrity as a genuine education provider
• complying with the Immigration Rules and sponsor guidance
• keeping specified documents/ records – e.g. copy of the Student’s current passport/ BRP or eVisa/ record of absence and attendance
• reporting specified events within the required timeframes (10 or 20 working days depending on the event)

It is important to adhere to any UKVI stipulated timeframes, but it is better to submit a late report than not submit at all.

If it transpires that a duty or duties have not been fully complied with, professional immigration advice should be sought to discuss how the shortcoming(s) may be rectified before submitting a report (if necessary).

Visa requirements (and visa refusal rate)

As one of the core requirements to meet for a BCA, this is something an institution will have some degree of control over. For example, by providing guidance and having immigration advisers/ trained staff to support and review applications/ documents for student applicants.

Where UK immigration advice is provided, care will need to be taken by institutions that it is line with the statutory exemptions and/or advice is being provided by a regulated adviser in line with the statutory requirements.  It will be important for institutions and Student visa applicants to have an understanding of the visa requirements which include:

• obtaining a Confirmation of Acceptance for Studies (“CAS”) from the sponsoring institution
  • a CAS is an electronic document issued when an institution makes an unconditional offer and stored in the UKVI system
  • the information provided on the CAS should be consistent with the information provided in the visa application
• meeting the financial requirements
  • demonstrating they have enough money to pay course fees for the first year/ entire course fee (if less than a year long)
  • demonstrating they have sufficient funds (“maintenance”) – minimum of £1,334 (if studying in London) or minimum of £1,023 for each month of the course, up to a maximum of 9 months
  • these can be demonstrated for example by personal bank statements of the Student applicant; by documentation relating to an official student loan and/or financial sponsor
  • “low-risk” applicants (e.g. those from Australia, China, USA) only need to have the funds available but do not need to provide evidence at the time of their visa application
• meeting the English language requirement
  • this can be met by various methods including
    • being a national of a majority English speaking country (e.g. Australia, Canada, USA)
    • passing a secure English language test with an approved provider at the relevant CEFR Level (B1 or B2 depending on the course)
• declaring criminal convictions
  • certain convictions (obtained within a specified timeframe of the visa application) may mean that a visa application MUST or MAY be refused by UKVI
• “general grounds for refusal”
  • similar to criminal convictions, (evidence of) certain behaviour may mean that a visa application MUST or MAY be refused by UKVI – e.g. having a poor immigration history

The rules and guidance are very particular about the format of and what supporting evidence must show.

It is therefore sensible that a student visa applicant obtains guidance/ advice prior to submitting their application to UKVI, as a refusal of their application could potentially put an institution’s sponsor licence in jeopardy.

Conclusion and practical tips

The devil is in the detail, and unfortunately for prospective and current student sponsor licence holders, the rules and guidance can get very complex and differ depending on the type of institution and courses being offered.

We would suggest that some or all of the following tips will be helpful for staff who have or will have regular interactions with the sponsor licence process:

• attending regular training
• have robust systems to ensure compliance with the immigration system – e.g. diarising key dates in multiple sources/ ensuring any checklists used are regularly reviewed in light of any changes to the rules and guidance/ ensuring compliant documents are obtained and records are maintained
• offering support services for Student visa applicants
• seeking professional advice immigration advice – e.g. to carry out mock audits/ prepare, review, and submit applications/ on-going advice on sponsor licence queries/ making representations to UKVI/ outsourcing certain sponsor licence duties to advisers.

If you would like more information concerning the points raised in this blog, please do not hesitate to contact our team.

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