Results of Tier 4 review announced

BAC statement follows:

Following the Prime Minster’s announcement of a review of Tier 4 on 12 November 2009, the Home Secretary has announced a package of measures “to tackle the abuse of Tier 4 by economic migrants whilst at the same time continuing to safeguard the ability of genuine international students to come to the UK to benefit from our world class education system and bring benefit to our economy.”

Changes to the Immigration Rules were laid which will:

halve the amount of time students can work during term time from 20 to 10 hours a week;
ban students who are studying on courses of six months or less from bringing their dependants with them to the UK; and
ban students’ dependants from working unless they qualify in their own right under Tier 1 (General) as a highly skilled migrant or as a skilled worker under Tier 2 General, Sportsperson or Minister of Religion.

These measures are designed to “target abuse seen amongst adult students coming here to study below degree level in the further education and English language sectors.” All of these changes will come into force on 3 March 2010 and all Tier 4 applications submitted on or after this date will be subject to the new restrictions.

There are no changes for students who come here to study a foundation degree, courses at degree level or above or for those coming here as child students at independent schools (except for a reduction in the number of hours a child student aged 16 or 17 may work to 10 hours per week) and the changes set out do not apply to these groups.

As well as the changes to the Immigration Rules, the Home Secretary also announced that the Tier 4 Guidance will be changed from 3 March 2010 to raise the minimum level of English language course which can be studied under Tier 4 from A2 on the Common European Framework of Reference (CEFR) to B2 but with exemptions for students sponsored by overseas Governments and for students on pre-sessional English language courses which prepare them for full degree courses. CEFR Level B2 is defined as follows:

“Can understand the main ideas of complex text on both concrete and abstract topics, including technical discussions in his/her field of specialisation. Can interact with a degree of fluency and spontaneity that makes regular interaction with native speakers quite possible without strain for either party. Can produce clear, detailed text on a wide range of subjects and explain a viewpoint on a topical issue giving the advantages and disadvantages of various options.”

The Government will also introduce a requirement for students to demonstrate their English language ability by passing a UKBA-approved test; this will apply to all students studying below (foundation) degree level, including those coming to study English language. Arrangements for formal English language testing for Tier 4 will be introduced by early summer 2010. The students will be required to demonstrate competency at at least level B1 using an approved test. A system of approved, secure and accessible tests is in the process of being set up.

The Home Secretary also introduced a new category of ‘Highly Trusted Sponsor’ under the Points Based System sponsorship arrangements, to be implemented on 6 April following a period of consultation with the education sector on the criteria against which sponsors wishing to be rated as ‘highly trusted’ will be judged.

In the first instance, publicly funded institutions will be treated as ‘highly trusted’ but removed from this category should the UKBA judge that they do not meet the criteria set, whilst privately funded institutions will need to apply to the UKBA to become highly trusted sponsors. BAC will be involved in the definition of eligibility criteria for this new category.

From 6 April, only those with highly trusted status will be able to offer courses at National Qualifications Framework level 3 (and its equivalents) and courses with work placements below degree level.

The Home Secretary’s announcement can be found at
www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/February/tougher-rules-for-foreign-stud and the changes to the Immigration Rules at
www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/statementsofchanges/2010/hc367.pdf?view=Binary.

Of key importance is ensuring that the Highly Trusted Sponsor criteria are fair and transparent, and that well-run and responsible independent institutions are able to promptly secure this status. BAC will be working closely with the UKBA and other partners to ensure that BAC-accredited colleges can achieve and maintain Highly Trusted Sponsor status under these new arrangements. Institutions are advised to consult BAC’s website (www.the-bac.org) for updates to Regulations.

Dr Gina Hobson
Chief Executive

10 February 2010