tier 4 academic progression exemption

These arrangements will apply until 31 July, when they will be reviewed. All rights reserved. For applicants moving from other institutions, their immigration history (including previous refusals) will be considered as part of an assessment of their credibility when determining if a CAS can be issued. If a student suspends their studies voluntarily within the first 4 months of commencing the programme for any duration or reason. The sponsor must end their sponsorship and teaching of the student if the Home Office ultimately refuses the application. Sponsors will be aware that the rules for academic progression were first introduced in July 2011 in an effort to stop ‘the serial student’. Immigration rules are complicated and change quite regularly. ---------------------------------------------------------. If the new course cannot be completed within the duration of the existing visa a CAS can be issued but the student will, in most cases, need to apply for a new visa from overseas. Students who need to repeat a year, retake a module, or resit an exam are exempt from demonstrating academic progression as would normally be the case for those applying in the UK. Required fields are marked *. In practice, this means that schools can no longer be asked to provide documents on pupils for whom sponsorship ceased twelve months or more ago. The Royal College of Art (RCA) is a recognised immigration sponsor under Tier 4 of the Points Based system and as such is required to ensure that all students meet the requirements as outlined by the Tier 4 Sponsor Guidance.This means that before assigning a Confirmation of Acceptance of Studies (CAS) the College needs to be certain that prospective students meet certain Home Office requirements. If you continue to use this site we will assume that you are happy with it. The intention of applicants is assessed by reference to their studies to date (whether within or outside the UK and including any incomplete courses) and, where available, the personal statement/researchstatement on their application form and any references provided. This can include absences due to illness, their need to isolate or inability to travel due to travel restrictions. Where multiple suspensionsare taken over a 6 month period these will be considered cumulatively. during a period of suspension). If extra time is approved by an academic school, the University will only act as an immigration sponsor for the student to remain in the UK for the length of time originally allowed for that element of the studies and this will be counted backwards from the new expected completion date. Veale Wasbrough Vizards LLP is authorised and regulated by the Solicitors Regulation Authority (SRA 597329). Where the first 6 months or more of the PhD/research is based outside the UK, Tier 4 immigration sponsorship will not be appropriate and a CAS should not be issued at the outset. The Sponsor Guidance outlines the responsibilities/duties of an immigration sponsor in terms of issuing CASs to prospective students (including current students requiring a visa extension). Such students must register with the police or update their information once social distancing measures are lifted. This will have to be confirmed on the CAS. A Tier 4 CAS may be issued when the student commences their UK study period at a later stage. if you were studying at undergraduate level and your new course is a Master's degree), this will represent academic progression. Where one or more of these requirements is not met a CAS will not be issued. However, where an applicant receives a visa refusal on financial grounds the University will not issue a second CAS unless the applicant can confirm that appropriate funding and evidence of that funding is in place. where a sponsor suspends studies for the duration of any social distancing measures. Failure to disclose previous studies on an application may lead to any CAS which has been assigned being withdrawn. Where you are extending your Tier 4 visa to complete your current course you can only apply in the UK if you meet the academic progression rules or are exempt. We must only assign a CAS to a student who we believe will: While the University is obliged to follow the requirements outlined in UKVI Sponsor Guidance when acting as an immigration sponsor, the institution is under no legal obligation to issue CASs to individual students and we reserve the right to withhold a CAS and/or withdraw immigration sponsorship where this is justified in light of University and/or UKVI policy or where deemed necessary based upon the facts of an individual case. Students applying for a Tier 4 (General) visa are subject to strict requirements regarding the demonstration of funds for living costs. 3.6 Students who are unable to complete their course of study within the current 14 period of leave due to Covid-19 will be able to apply in country to complete that course. Offices in London, Watford, Bristol and Birmingham. Academic progress must be shown for international students undertaking further studies in the UK. Where a student is suspended or re-sittingwithout attendance and will be inactive for a period of more than 60 term-time days. In addition, where a Tier 4 (Child) Student is already in the UK and a private foster care arrangement subsequently commences, you must provide details of the name of the foster carer and the address where the foster carer and the student will be living, to the local authority in whose area the child will be living as soon as you become aware of the change in their care arrangements. All proposed studies must be completed within permitted UKVI time limits.*. If your new course is at a higher level than your previous course (e.g. 1.2. This policy applies from 21 March while social distancing restrictions are in place. Where immigration sponsorship is withdrawn this may result in a student record being suspended/interrupted or even closed where it is not possible to continue on a course in the absence of immigration sponsorship. Campus maps | More contact information | Jobs, Limitations on Tier 4 immigration sponsorship, Immigration Sponsorship and limitations on Immigration Sponsorship, meet the requirements of the Tier 4 category under which the CAS is assigned; and, comply with the conditions of their permission to stay in the UK, have the academic ability (including appropriate English language qualification) to study the proposed course, have the funds in place to study on their course, be studying on a full-time basis - the University does not support part-time study under Tier 4, be physically present in the UK with periods of studying away limited to a maximum of 3 months in any 12 month period. If the new course cannot be completed within the duration of the existing visa a CAS can be issued but the student will need to apply to extend their visa from overseas. The rule only applies to students who have previously been granted leave as a Tier 4 (General) Student and are applying for leave to remain.

3.8 Students applying to study a new course can commence study at the institution from the date of the application. Sponsors do not need to tell the Home Office when students have moved to distance learning. Visa monitoring and surveillance technologies: on the instrumentalisation of pastoral care in universities, Covid-19 Technology and Monitoring Survey. This means your new course must normally be above the level of the previous course studied on a Tier 4/student visa. You must keep a record of the notification to the local authority.”, In other words, schools are reminded that they must be able to provide evidence to UKVI compliance officers that they have informed the local authority wherever a sponsored pupil is in a private foster care arrangement. New Tier 4 Guidance - Latest Changes for Schools and Their Overseas Pupils. These requests will be automatically processed but will have immigration implications which students are notified of in the letter confirming the transfer. If a student has stopped attending their online studies for other reasons, the normal attendance monitoring policy applies to online learning. It is important to note that although Extenuating Circumstances may be accepted from an academic point of view to justify an additional or repeat period of study this does not guarantee that immigration sponsorship will be extended to cover this. As stated in paragraph 2.4 – 2.8, sponsors are not required to withdraw sponsorship when students are absent from studies, including online studies, due to Covid-19. achieved the award for) the most recent programme of study in the UK for which you were given a Student route or Tier 4 visa; Your new course is: At a higher level than your previous programme, OR; Complementary study at … January's rule change doesn’t alter these basic principles, but does create an additional requirement, as follows: “If a student is exempt from demonstrating academic progression, the sponsor must confirm this and set out why in the CAS. © Veale Wasbrough Vizards LLP. We are unable to assign a CAS if a student extends the period of their studies and the new completion date falls before, on or within two weeks of the end date of their current visa. You cannot make your Tier 4 visa application from inside the UK unless your new course represents academic progression from … The academic progression rule is in place to ensure that students are progressing academically if they wish to study a further course in the UK and are not merely seeking to extend their stay in the UK. The academic progression rules rarely affect independent schools and their sponsored pupils. To keep abreast of legal developments in your industry or generally, please subscribe to our law briefs. If the University becomes aware that an applicant/student is unable to make a successful visa application after a CAS has been issued. Where students are unable to meet the requirements of the rules the University should not issue a CAS unless and until the situation has been remedied and, where appropriate, the student has returned home to make an application overseas. A Tier 4 (General) student is permitted to complete part of their course overseas as a study abroad programme.

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