Staff guide to UKVI points based immigration compliance

1. Purpose of the guide 

The University has a licence under the UK Home Office (Visas and Immigration) (UKVI) Points Based system which enables it to sponsor international students. This now includes EEA and Swiss nationals who are not resident in the UK and/or do not have settled or pre-settled status through the EU Settlement Scheme.

This guide is designed to help University of West London staff understand the importance of compliance with immigration rules around student visas, and to ensure that each department involved promotes and ensures good compliance practice. This Guide will help to ensure high levels of compliance with the University’s sponsorship obligations across all aspects of the University’s functions.

2. Maintaining the University’s UKVI sponsorship licence

The University’s holds a UKVI sponsorship licence which enables it to sponsor international students on full-time degree programmes. The University must re-apply for this licence every four years. Each year the University must pass a basic compliance assessment which is based on three key metrics:

• A refusal rate of less than 10 percent;
• An enrolment rate of at least 90 per cent; and
• A course completion rate of at least 85 percent. 

The University has duties as a Sponsor and it must maintain accurate records and report issues to the UKVI through the UKVI’s Student Management System (SMS) portal to inform the Home Office of any changes to a student’s course or attendance or enrolment status. These duties are set out in more detail in this guidance document.

3. The UKVI Compliance team

The University has a central UKVI Compliance team, which reports to the University Secretary and Chief Compliance Officer; the team’s main responsibilities for UKVI compliance include:

• Maintaining compliance with the University’s sponsorship duties
• Maintaining accurate records
• Reporting on the UKVI SMS portal
• Keeping records relating to the Basic Compliance Assessment (BCA)
• Dealing with student cases. Including: non-attendance/authorised absence/transfer requests/deferrals and withdrawing sponsorship where necessary
• Approving and issuing CAS for visa extensions.

It is important to note that, although The UKVI Compliance team has the responsibility to ensure that the University achieves and maintains a consistently high level of compliance with the UKVI immigration rules, the team cannot function in isolation and must work in close collaboration with Academic Schools and Colleges and Professional Service Departments.

4. Responsibilities of professional service departments

In order to operate successfully, compliance with the University’s sponsorship duties must be embedded into the functions of the following Professional Service Departments:

• International Recruitment Office – responsibility for ensuring that they are aware of the UKVI requirements and that these are communicated to agents.
• Admissions – responsibility for ensuring compliance in terms of applicant credibility, qualifications and English language when making offers and allocating Confirmation of Acceptance of Studies (CAS) and ensuring appropriate records are kept and scanned onto the EDM records system. Ensuring students have an ATAS certificate before issuing the CAS as required.
• Student Experience: the International Student Experience Coordinator is responsible for communicating with new and current visa holders, ensuring that new students inform the University of their visa status and travel plans and have a smooth transition through enrolment and induction.
• Student Records and Data – responsibility for providing appropriate recording and reporting tools and ensuring that student status changes (withdrawal/ deferral/ transfer etc.) are actioned only after consultation with The UKVI Compliance team. This team also manages the overall enrolment process.
• Academic Administration – responsibility for ensuring that students are fully enrolled, in attendance and engaged with their studies and that appropriate records of absences are maintained. Administrators must also refer to The UKVI Compliance team when a student has any issues affecting their studies and/or compliance including early completion, retakes etc. They should also check that all UKVI sponsored students are properly enrolled.   
• Finance – Finance should ensure that all students have paid and that those who have not have an appropriate payment plan which they are following.
• Students Services Advice team – responsibility for providing accurate immigration advice and guidance to students, eligibility checks for all CAS applications and advice on visa extensions. Student Advisers will also assist students in applying for visa extensions for themselves and their dependants (where applicable) from within the UK, checking forms and supporting documentation as well as advising on the application and biometrics procedures.
• Placement and Employment team – responsibility for ensuring that sponsored international students are on an appropriate placement and for recording and monitoring their placement activities and informing Compliance for reporting to UKVI through the SMS system.
• Human Resources – responsibility for undertaking ‘right to work’ and documentation checks. The Payroll team checks for students who are employed by the University to ensure that they remain with the 20 hours limit on employment during term time. Responsible for ATAS certificate for any Tier 2 sponsored employee where required.
• Quality Assurance Office – responsibility for ensuring that all courses with placements are approved in the appropriate format. Also to ensure notification that the course requires ATAS certification.
• Graduate School – responsibility for ensuring compliance with immigration rules for PhD students, particularly in respect of monthly supervision records.

5. An overview of the University’s sponsorship duties under the points based immigration system

5.1 Terms of the University’s Sponsor Licence

Under the terms of its Sponsor Licence, the University must:

• Maintain accurate current records of all sponsored student documentation as follows;
  • Passport
  • BRP card or digital immigration status
  • Entry vignette
  • Qualifications
  • English language certificate
  • Offer/acceptance letter/statement of purpose/references
  • Attendance and Progression records
  • Current contact details including home address, term-time address, email address/s, telephone number(s) and mobile telephone number(s)
  • Details of any placements and their place of work and dates
• Ensure all students who are not UK or Irish citizens have appropriate permission to study with the University of West London. Students will not be able to commence a course of study if they do not hold a current immigration status in the UK unless they are starting an apprenticeship course where ESFA rules apply.
• Keep up-to-date copies of all non-UK/Irish citizens’ passports and visas. If students are issued with a new passport or visa during their course (either due to loss, renewal or extension), the University must verify the documents and keep copies.
• Notify the UK Home Office (Visas and Immigration) (UKVI) of any sponsored student who:
  • has a Visa refused or refused following an administrative review 
  • fails to enrol
  • defers the start date of their course to a later date
  • defers their studies and/or temporarily withdraws from their course of study
  • transfers to another institution
  • withdraws from their course of study at their request
  • is excluded for financial, academic or non-attendance reasons
  • transfers from their course of study to a different UWL course. Any transfer request must have compliance approval prior to any course transfer being agreed.
• Inform the UKVI of changes to a sponsored student's circumstances including:
  • details of a course transfer
  • details of a work placement
  • changes to a student’s immigration category, for example, where a student changes from the student visa to a different immigration category
  • early completion of a course of study by a sponsored student; the course end date would be earlier than originally expected.
• Monitor all sponsored students' attendance and engagement with their studies. This includes monitoring students' attendance, their engagement with blackboard and checking their progress on their course of study including submission rates.
• Monitoring students who are on a work placement which is part of their course. the University will contact their employer fortnightly to check that the student is engaging as required.
• Withdraw any student who fails to satisfactorily engage with their studies and report them to the UKVI.

Staff who have any queries should contact or email the UKVI Compliance team.

6. The University’s sponsorship duties

6.1 Overall responsibilities and duties

As a sponsor for student visas, the University’s responsibilities to sponsored students start from the moment a CAS is assigned to the student until:

• The University withdraws sponsorship from the student
• The student leaves the UK
• The student is given permission to stay in the UK with a different sponsor or in another immigration category.

As a sponsor, the University has a duty to:

• Act honestly in all dealings with the Home Office. For example, the University must not make false statements, and must disclose all relevant information when applying for its sponsorship license or assigning a CAS.
• Take responsibility for all sponsored students while they are under the University’s sponsorship. This includes taking all necessary measures to ensure that: prospective students are genuine students who are able to comply with the Immigration Rules; that students enrol, that they comply with their conditions of leave, and they undertake their course through to completion.
• Ensure that concerns about the conduct and integrity of sponsored students are treated consistently with other students, including taking appropriate action where students are found to have used deception to gain advantage in their studies.
• Comply with all aspects of the Immigration Rules and sponsor guidance, and support immigration control, including by taking steps to ensure that every student at UWL has permission to study in the UK throughout the whole period of their study.
• Co-operate with the UWL Compliance team who must comply with Home Office requests for information.
• Ensure that UWL’s website and any marketing material accurately reflects its status as a Sponsor under the points-based immigration system.

6.2 Checking appropriate right to study

Where students are sponsored, the date that they arrived in the UK must be checked at enrolment to ensure they entered during the validity of their visa and therefore can study. If a student enters the UK before the start date stated on their Student permission, they will be classed as having entered on a visitor visa and, therefore, will not be able to commence their studies. They will need to leave the common travel area and re-enter on or after the start date on their Student permission to activate their study visa.

If the migrant is an EU national, EEA national or a national of Australia, Canada, Japan, New Zealand, Singapore, South Korea, Switzerland or the United States of America, they may enter the UK through an automated e-Passport gate (‘e-Gate’) if they hold valid permission confirmed by digital status or a vignette or BRP. In such cases, they will not have an entry stamp in their passport which states the entry date.

6.3 Checking documents at enrolment

The Compliance team are responsible for ensuring that the original immigration documentation listed below in 6.3 is scanned onto Unit-e (EDM Screen and Columbus).

at the University Enrolment Right to Study Checks. They are also responsible for the issue to students of BRP (Biometric Residence Permit) cards that have been sent to the university by the UKVI.

6.4 Record keeping

As a sponsor the University must keep all of the documents listed below, as per Appendix D to the UKVI’s Sponsor Guidance.

Documents which must be copied and retained by the University include:

• A copy of each sponsored student’s current passport including all pages showing any personal identity details including biometric details, stamps, or immigration status document including their period of permission to stay in the UK.
• For non EEA nationals this must show the student’s entitlement to study with the University if the students is a non-EEA national including the vignette to travel.
• For EEA nationals we must download the digital status document by obtaining a share code from the student and downloading the document for retention.
• A copy of the student’s biometric residence permit (BRP) or the reference number for the electronic immigration status document.
• The date of entry. If the student does not have an entry stamp, you must still check the date of entry by asking to see other evidence such as, but not limited to, e-tickets or a paper or electronic boarding pass. We must record the date the student entered the UK, but do not have to retain evidence of the date of entry.
• Record of absence/attendance.
• Contact details to include UK residential address, telephone number and mobile telephone number. This must be kept up to date with any changes to these details.
• An Academic Technology Approval Scheme (ATAS) clearance certificate where required either as a copy of the certificate or a copy of the the certificate or the electronic approval notice received from the Foreign and Commonwealth Office. If the Student is exempt from providing an ATAS certificate due to their nationality.
• For the Tier 1 Start-up route, we must keep evidence of the selection process that resulted in that endorsement.
• Details of the evidence assessed as part of the process of making an offer to the student including references and qualifications.
• Retain a record of any appeal documentation which a student makes against any refusal of leave.

The University is not required to keep original passports; these should be returned to the student once the required pages have been copied. Please note that it is illegal for passports to be retained for any purpose.

The University must provide the UKVI with any document listed in Appendix D, or any document relevant to the running of UWL, if they ask to see it at any time. Documents requested by UKVI which are not in English or Welsh must be accompanied by a certified translation.

6.5 Reporting students to the UKVI

The UKVI Compliance team must notify the UKVI, through the Sponsor Management System online portal, within 10 working days, if any of the following changes of circumstances occurs to any of UWL’s Sponsored Students:

• A student withdraws from their course of study before they travel to the UK.
• A student does not enrol within the enrolment period.
• Where an appeal against a visa refusal is successful and leave is granted and the student has a new start date for commencing their course.
• A student who has failed to engage or re-engage with studies.
• A student defers their studies after they have arrived in the UK and is no longer actively studying.
• The University withdraws a student from their course.
• The University stops sponsoring a student because they:
  • move into a different immigration category with a different sponsor;
  • move into an immigration category that does not need a sponsor;
  • complete the course sooner than expected.
• There is a significant change in a student’s circumstances, including:
  • a change in where a student studies or
  • the details of any work placement including employer address;
  • a change of course;
  • transfer to a different institution 
  • any matters of issues which would suggest that a student is breaking the conditions of their permission to stay in the UK, such as working in breach of their permitted conditions.
• The University suspects that a student is not a genuine student.

To ensure the University complies with the above requirements, vital that the UKVI Compliance team are kept informed and updated of any of the above changes (and similar changes) to a sponsored student’s status, course or circumstances during their time at UWL.

The University must also advise the UKVI of anyone endorsed under the Start-up visa who is not satisfactorily progressing or is in breach if their visa conditions.

7. Example case studies for reporting duties to the UKVI

Example scenarios have been provided below to demonstrate how UWL’s Compliance team would respond to and report, different student cases of change of circumstances for sponsored students.

Case Study 1 – Student has enrolled but not attended

Q. We have issued a CAS to an applicant to use in the visa application. The student has arrived in the UK and enrolled but has not attended. We have attempted to contact the student. As a result of contacting them/failing to get in touch with the student we have excluded them from their course. What do we do now?

A. We need to access our SMS account and select the activity type ‘Sponsor has stopped sponsoring the student’ and then ‘sponsor has excluded or withdrawn the student from the course’. We can then use the notes field to add more detail such as we have tried to contact the student but have been unsuccessful.

Case Study 2 – Student has not enrolled

Q. We have issued a CAS to an applicant to use in the visa application. The student hasn’t arrived for enrolment and we don’t know whether their application was successful or not. As a result of contacting them/failing to get in touch with the student, we have excluded them from the course. What do we do now?

A. We need to access our SMS account and select the activity type ‘sponsor has stopped sponsoring the migrant’ and then ‘sponsorship withdrawn; student has not enrolled’. We can then use the notes field to add more detail such as the outcome of the application is unknown.

Case Study 3 – Student withdrawn due to ill health

Q. We are sponsoring a student who has enrolled and is attending but has told us they are unwell. They are no longer able to attend and have formally withdrawn from the course. The student has returned home but no decision has been made to defer their studies. What do we do now?

A. We need to access our SMS account and select the activity type ‘sponsor has stopped sponsoring the student’ and then ‘student has withdrawn from studies post enrolment’. The student can then make a further application for leave to enter and study at a later date.

Case Study 4 – Sponsor has withdrawn a course

Q. We have had to withdraw a course as there are not enough students to constitute a full class. Our student has moved to another course with us and the course level is the same as the original course. What do we need to do?

A. We need to access our SMS account and select ‘change in student circumstances’ and then ‘student has switched courses but is still sponsored by you’.

Case Study 5 – Student is delayed

Q. We have a prospective student who is unexpectedly delayed. They have provided a new date of arrival which we are happy to agree and set a revised enrolment date. How do we tell you this?

A. We need to access our SMS account and select the category ‘student is delayed’ and then ‘student enrolment is delayed; new date provided’, entering the new date in the free text field.

Case Study 6 – Student has changed sponsor

Q. Our student has left and moved to a new sponsor. They did not tell us of the change before they moved. What do we need to do?

A. We need to access our SMS account and select the category ‘sponsor has stopped sponsoring the migrant’ and then ‘student has moved to another sponsor’. Where known, we should provide the new sponsor’s details in the notes field.

Case Study 7 – Student has ceased studying and stopped attending

Q. Our student has ceased studying and has stopped attending their studies. We can’t make contact so have excluded them from their course. We have heard unconfirmed reports that they have joined another institution. What do we need to do?

A. We need to access our SMS account and select the category ‘sponsor has stopped sponsoring the student’ and then ‘sponsor has excluded or withdrawn the student from the course’. This sub-category should be used instead of ‘student has moved to another sponsor’ as the student has not formally informed us that they have left. The notes field should be completed with any details that we may have about a new educational institution or sponsor.

Case Study 8 – Administrative error in student reporting

Q. We have reported that one of our students has failed to turn up to enrol on their course. However, we have now realised that an administrative error had been made and the student actually did enrol. How do we correct this?

A. We need to access our SMS account and select the option ‘previous notification withdrawn’, providing all relevant details in the free text field. If the report is submitted in time, curtailment of the student’s leave will be cancelled.

Case Study 9 – Student returned overseas but not withdrawn

Q. Our student must return overseas for compelling reasons and will not be able to return to complete their course within their existing leave. However, they fully intend to return as soon as they are able, to resume their studies. What do we need to do?

A. We need to access our SMS account and select the option ‘sponsor has stopped sponsoring the student’, followed by ‘the student has deferred their studies’ and explain the circumstances in the free text field.

Case Study 10 – Student missed a contact point due to industrial action

Q. Our student missed one or more contact points, such as scheduled lectures or tutorials, because the classes were cancelled by lecturers. Do we need to count these as unauthorised absences for reporting purposes?

A. We should not count such absences when assessing attendance. An expected contact point is one which the student would in principle have been able to attend.

Student contact details

Students are required to keep their records up-to-date through the MyRegistry student record website and students are reminded of this each semester. The University must keep a record of previous addresses for the student

8. Payment of tuition fees

Students are required to pay their fees inline with the Tuition Fees Policy. Where a student has not paid the required fee and therefore cannot be made active but is at ‘Mailweb’, the UKVI Compliance team must be consulted for advice before any action is taken.

Similarly, if a student has failed to honour a payment plan, any action must be discussed with the UKVI Compliance team as there may be other circumstances that need to be taken into account.

UKVI students must not be blocked from accessing the building or Blackboard etc as this means that the University is not compliant with its sponsorship duties.

9. Attendance and engagement monitoring

9.1 How we monitor attendance

The University is required to monitor the attendance of sponsored students and inform the UKVI if the student has stopped engaging and withdraw sponsorship.  The policy is set out in the Attendance and Engagement Monitoring Policy.

The University monitors attendance and engagement by using;

SEAtS: our swipe card based electronic attendance monitoring system

The Strategic Planning Dashboard: This brings together data from SAM, Blackboard (the University’s Virtual Learning Environment (VLE)), the Library, and Assessment Boards to monitor student attendance and engagement.

By the using all these systems the university is able to measure overall student attendance and engagement.

To ensure that these systems are correct, it is vital that students are encouraged to swipe into classes and that any errors are corrected. Where a student is participating in a class where there is no swipe facility, these must be recorded manually but the lecturer.

Approved authorised absence are recorded on the student’s record in SEAtS by academic school administration.

9.2 Where students are not engaging

Students who are not engaging at all with their studies will be automatically included in the SEAtS workflows set out below. Students who do not re-engage as required with have their sponsorship withdrawn and the UKVI will be informed in accordance with UKVI requirements. This will normally take place after five weeks of non-engagement but this period may be extended to 60 days for good reason as determined by the UKVI Compliance team.

Monitoring is also undertaken for students who are not attending all their sessions. The information should be reviewed if they are not attending so that any patterns of non attendance can be found (e.g. to see if someone is working when they should be studying).

9.3 SEAtS workflows

The SEAtS system has automated workflows that will be implemented if students miss classes (see Appendix 1 and 2). All visa bearing students are included in this workflow system.

Workflow zero – full attendance

Workflow 1 – one week’s unauthorised absence – automated email sent to student

Workflow 2 – two weeks’ unauthorised absence – automated email sent – academic school administration intervention

Workflow 3 – Student Experience team intervention at week three – manual intervention at this point students can be escalated to the next workflow or de-escalated back to zero

Workflow 4 – UKVI Compliance team have first student meeting request sent record then de-escalated to workflow 2 to zero dependent upon outcome of meeting, if student does not attend meeting escalated to workflow 5

Workflow 5 – UKVI Compliance team final meeting request - either de-escalation or withdrawal

9.4 Authorised absence

The University recognises that there are occasions where students need to be absent from their course for unavoidable reasons. If students are absent for more than one week, they must provide a doctor's letter, where possible, to confirm their illness which must be retained on their file.

Where students inform the University that they will be absent for other reasons, particularly if they need to return home during term time, they need to seek authorised absence and complete the Authorised Absence form.

The student must complete the authorised absence form giving reasons for their request. The Course Leader may approve five working days absence and the form should be given to the School Administration team for processing.

Any absence over 5 working days should be referred to the UKVI Compliance team for authorisation with appropriate supporting documentation. The University permits a maximum absence of 2 weeks’ duration for exceptional circumstances such as a family emergency but not holidays or weddings. Students should be advised not to book flights prior to approval of their leave.

If a student requires a longer period, this will be considered on a case-by-case basis but may result in the student being deferred from their studies and the University would need to temporarily stop its sponsorship for that student. All students wishing to take an extended period of leave during term time should discuss the implications on their student visa with the Student Advice team.

All students with authorised absence are advised to   carry the following documentation in their hand luggage when re-entering the UK: Copy of signed Authorised Absence Form Student Status letter and CAS letter.

9.5 Masters students undertaking their dissertation/project

Masters students who are undertaking their dissertation need to be monitored and records kept of their supervisory sessions. The dissertation/project supervisor should retain a documented record of all supervisory meetings held with the student whether these are through electronic means or in person.

While undertaking their dissertation, Masters students are classed as being in term time even though it may be outside of UWL semesters. They are only able to work for 10/20 hours per week as stated on with their student visa.

9.6 Assessment Boards

The University’s Assessment Boards monitor student’s submission to assessment and their academic progress.  Student may be withdrawn from their studies due to academic failure or for non-submission of assessment.

Where students are awarded out early or withdrawn, the School should inform the UKVI Compliance team after the Board so they can inform the UKVI.

These students will be monitored by the UKVI Compliance team through the Columbus reporting system.

The School should review the achievement of all sponsored students following the Assessment Board to ensure that they have passed. Where a student has failed a module(s) they should follow up to ensure that they have appropriate academic advice and that they have an appropriate study plan going forward which they should discuss with the UKVI Compliance team in the event that more time to complete their studies is required.

They should also discuss with the UKVI Compliance team and Student Advice team where a student is required to resit a module(s) and is unable to progress to their next level of study to ensure that the University is not in breach of its sponsorship duties.

9.7 Graduate visa route

This is not a University sponsored route and permits students to work for 2 years (undergraduate/Masters) or 3 years for PhD students it is open to students who have successfully completed the course stated on their CAS. The University is required to confirm the successful completion of their course following the Assessment Boards.

10. Placements (including internships and work experience)

Where students are undertaking a placement or internship as part of their course, this must be recorded on the CAS and monitored through the Placements Office and recorded on the SMS system. This applies to extended periods where the student is working full-time on the placement but also to shorter periods or where the student is doing a few hours per week. This is particularly important as being on a placement means that students can work full time rather than the normal 20 hours stipulated on their visa.

At UWL, the Placement and Employment team takes responsibility for ensuring the correct documentation and paperwork is in place for the placement and for the monitoring of the students’ attendance whilst they are on placement. The UKVI Compliance team are responsible for reporting any changes to the student’s placement company and/or address to the UKVI.

10.1 UKVI rules around placements for sponsored students

Work placement duration can be up a maximum of 50% of the length of the course if the course is at degree-level or above. For courses below degree level (e.g. Foundation degrees), work placements must not have a duration of more than 33% of the total length of the course in the UK.

Work placements:

• must be an integral and assessed part of the students’ course of study
• can occur at any stage of the course and can take place throughout the course duration
• can be for more than 10 or 20 hours a week even where this is the stipulated time that students are allowed to work for during term time.

During their placement, students remain registered students of UWL and their student visa remains in place. The University is responsible for the student throughout the period of their work placement and must continue to comply with all of the sponsor duties during this period.

10.2 Records for sponsored students on placement

The following details must be kept for students on placements:

• records must be kept of all work placement sites, with address and key contact details maintained
• tripartite agreement between the University, the student and the employer
• Fortnightly updates on the student’s attendance from the work placement provider including sickness or holiday absence.

All details of the students work placement, including the address and start and end dates of the work placement must be maintained on the UKVI SMS portal by The UKVI Compliance team. The Placement & Employment Service are responsible for advising The UKVI Compliance team of any changes to a student’s placement and any changes must be reported.

10.3 Monitoring attendance while on placements

The Placements and Employment Service will email the employer each fortnight to check that the student is attending the placement. Where the employer fails to respond they will be contacted. If the employer fails to respond within 3 days a follow up email is sent and after 5 days this is followed up by a telephone call.

Where a student has failed to attend the placement, the Placement and Employment Service will contact the student, explaining the consequences if they fail to re-engage. If they do not re-engage with their placement, this will be reported to UKVI Compliance team who will make one more attempt to engage the student after which they will be withdrawn from UWL and the University’s sponsorship for that student will be withdrawn.

Where a student completes their designated placement weeks in line with their course requirements and returns to the University before the commencement of the next point of study, they will be required to attend a weekly meeting with a member of academic staff for support in relation to the submission their assessment portfolio or other monitored activity.

10.4 Assessment of placements

All placements including internships and work experience during term time, must be assessed. This can be undertaken in a number of ways but must be approved as part of the validation process.

10.5 Example case studies for placement issues

Example scenarios have been provided below to demonstrate how UWL’s Compliance team would respond to and report, different student cases of change of circumstances for sponsored students.

Case Study 1 – Student is unable to find a placement

Scenario: A student is unable to secure a placement.  The student will be supported by the course and Placement Office to find a placement and given a deadline by which they must have found one.

Action: A course transfer must be completed and UKVI Compliance informed. UKVI Compliance will inform the UKVI by SMS that the Student has transferred to the non-placement course and advised of the revised end date of the course. The UKVI will curtail the end date of the current visa accordingly. The student will not receive a new BRP card but will still be permitted an additional four months wrap-up period at the end of the new course.

Case Study 2 - Student is unable to find an internship as part of a Masters course

Scenario: The student will be supported by the course and Placement Office to find a placement and given a deadline by which they must have found one. If they do not find one, the student must take the dissertation instead.

Action: A course transfer must be completed and Compliance informed. Compliance will inform UKVI by SMS that the Student has transferred to the non-Internship course advised of the revised end date of the course. The UKVI will curtail the end date of the current visa accordingly. The student will not receive a new BRP card but will still be permitted an additional four months wrap-up period at the end of the new course.

Case Study 3 – Student has work experience during the course

Scenario: The University student is undertaking one week’s work experience of 40 hours or two weeks of 20 hours.

Action: Placements will be responsible for completing the tri-partite agreement with employers. UKVI Compliance will record the placement on the SMS to inform UKVI.

10.6 A note about what constitutes ‘work’

Even where the work may be unpaid or the student is undertaking voluntary work, this still counts as work and will be included in the 10 or 20 hours students are allowed to undertake according to the conditions of their student visa.  

Students may only do more than 20 hours per week (defined as Monday to Sunday) during term time if they are on a properly managed placement/internship or monitored work experience.

11. Research students

11.1 Responsibility for UKVI compliance

The Admissions Office is responsible for ensuring that all appropriate checks have been undertaken prior to issue of a CAS, including where an ATAS Certificate is required. The CAS will be issued in accordance with procedures outlined below.

Students who are registered for research degrees will be monitored by the Graduate School. The Graduate School Administrator is responsible for checking that the student is engaging with their Supervisor as required and making progress with their studies as required.

11.2 Admissions

The Admissions team is responsible for overseeing the initial admission of research students, in consultation with prospective supervisors and the relevant school. The Admissions team undertake the initial screening of applications to ensure applicants meet the entry requirements. Those applications that meet the entry requirements are then sent to Schools for their consideration. Schools then identify the applicants that they wish to interview. The interview panels normally include the applicant, the proposed principal supervisor and the school doctoral research contact.

When schools wish to make an offer, the Admissions team carry out an immigration history check and provide the applicant with the ATAS CAH code where applicable. Where an ATAS certificate is required (see Appendix 3) a conditional offer is made subject to the student obtaining ATAS certification, this is prior to Confirmation of Acceptance for Study (CAS) allocation and being able to enrol and commence their research.

Once an international research student has been accepted for study on academic grounds, the Admissions team should check all the relevant information relating to the student’s admission (passport, visa and qualifications, including evidence of English language ability). The Admissions team then issues a Confirmation of Acceptance for Study (CAS).

11.3 Enrolment – Right to study checks

During enrolment, students are required at the Right to Study check to present their passport, visa and the original copy of their English language qualification as determined on their CAS and where applicable ATAS certification. These documents are scanned onto the Unit-e (EDM Screen and Columbus).

The Academic school administration check their original qualification certificates and complete the fee assessment.

11.4  Supervision and monitoring

During the first year of their studies, research students are required to attend regular research workshops and their attendance is recorded and monitored.

Students are required to meet with their supervisors on a monthly basis and to submit monthly supervision records.  Students are also required to submit an annual report.  In addition to this, progress is checked when students submit their research proposals to the University Research Degrees Sub-Committee (4-6 months after enrolment), at a milestone presentation (12-14 months after enrolment) and when they apply to transfer from MPhil to PhD (18-24 months after enrolment).

At each supervision meeting, the supervision record is completed by the student and the supervisor. Supervision records are then forwarded to the Graduate School and kept electronically. The Graduate School will monitor these to ensure that students are attending and making progress with their research.

11.5  Absence and issues 

Students should have supervision each month unless absence has been authorised. Where a student is going to be absent for more than two weeks or has had several short absences, the Graduate School Senior Admin Officer should consult with the UKVI Compliance team before any further leave is authorised.

Where students do not attend a supervision as expected, they should be contacted to find out why they did not attend and warned that they should always attend supervision sessions. If they miss subsequent supervisions, the UKVI Compliance team must be informed who will follow up the student.

12. Visa extensions

The UKVI Compliance team will monitor students who are coming to the end of their visa by means of the Visa Expiry Report. This report shows all students who are enrolled and whose visa is due to expire within the next three months. This will be circulated to Academic Schools who will flag those students that may require additional time to complete their studies. These students will be directed to get advice from the Student Advice team about the requirements for extension to their current leave. The Student Advice team and Compliance team will decide whether the student is eligible for a new CAS. This will take into account how much study they have already undertaken to ensure that they come within the five-year rule.

Students must submit the Visa Extension Form which is available from the School Office. All applications must be made at least three weeks in advance, although students should be advised to submit an application as early as possible. When considering whether to issue an extension CAS, the University will consider a student’s study and engagement record. The University reserves the right not to issue a CAS where a student has not engaged or where there is reason to believe the student is not a genuine student.

13. Change of status

13.1 Change of course

Students will not normally be able to change their course of study once they have been allocated a CAS; this would only be possible where the course is in the same subject area to the course for which they have applied; it fits with their career aspirations and the student can complete their new course within their current grant of student visa leave, unless they were adding a placement year. The UKVI Compliance team is required to approve all course changes.

Students are permitted to change from a course without an integrated placement to the same course with an integrated placement. The student must apply for further Leave (extension CAS) prior to the start of the work placement. If a student wishes to change from one with an integrated work placement to one without, in this instance, the UKVI would be informed via the SMS portal and the course dates will be changed. The student will not receive a new BRP card but will still be permitted an additional four months wrap-up period at the end of the new course. The student will be advised by the Student Advice Immigration Adviser that they must complete and submit to the UKVI a change in migrant circumstances form, advising of the revised course end date.

13.2 Withdrawal or deferral

Where a student wishes to return home for either a temporary period or permanently, the School Administrator and/or the Student Records and Data team must inform the UKVI Compliance team. The UKVI Compliance team must authorise all deferral forms which they will then send to the Student Data records team for processing.

The student must first be directed to the Student Advice team for immigration advice, the student will then complete the deferral form which is to be signed by the Course Leader and an agreed return date indicated. The deferral form is then sent to the UKVI Compliance team for signature and UKVI notification.

Where a student wishes to defer, they must in the first instance speak with their course leader to establish whether their proposed deferral leave is possible academically. The UKVI Compliance team ensure that the student has received the required academic and immigration advice and will inform them of the requirement to apply for a new visa before they return. Before issuing any new CAS, the student’s circumstances will be reviewed and the University reserves the right not to allocate a new CAS if the student does not meet the requirements (e.g. where the student does not have sufficient finances or had an erratic attendance record).

13.3 Students who complete early

The School Administrative Officer will inform the UKVI Compliance team of any student who completes their course earlier than expected. The UKVI Compliance team will inform the UKVI that the student has completed early and the length of leave granted on the students visa will be curtailed accordingly.

13.4 Changing visa category

Students may sometimes change their immigration visa category; for example, if the student has been granted indefinite leave to remain. In this event, the UKVI Compliance team will inform the UKVI via the SMS portal that the student has changed immigration visa category and that the University has stopped sponsoring the student under the student route. It is to be noted that a change in visa category does not necessarily mean a change in fee status for the student. Staff should contact the Student Advice team for further guidance.

14. Working for the University

Students are generally permitted to work for 20 hours during term time (the permitted hours of work will be stated on the students BRP card) and full-time during vacation periods.

Where the University is employing the student, it must ensure that it has undertaken the appropriate Right to Work checks which are undertaken by the Human Resources Department. Each student needs to complete a Talent Bank Registration Form and they are provided with the UWL Talent Bank Student Guidelines. These guidelines provide clear advice and guidance for sponsored students on their ‘Right to Work’ together with working hour restrictions.

Students and line managers are provided with clear instructions and guidelines in respect of the restriction on term time working hours, however, Human Resources monitor compliance with this on a monthly basis.

15. Non sponsored students’ visa categories

15.1 Record keeping

The University has students studying courses with different immigration status. The University must maintain a record of the passport and immigration visa expiry dates for these students, and monitors these students to ensure that they have valid immigration leave to remain in the UK during their studies.

From 1 January 2021, this includes EEA and Swiss Nationals who have settled or pre-settled status.

15.2 What if a student’s status is undetermined?

Students without valid immigration leave- including those with pending applications with the Home Office are not permitted to commence a course until their immigration status has been finalised. An exception is where a student is being admitted to an apprenticeship and they have applied to extend their existing leave within the appropriate timeframe.

If a student is already studying on a course with UWL they are permitted to continue on the course whilst their immigration status is being decided.

16. Federal Aid students

Students who are in receipt of Federal Aid (who may not necessarily be UKVI sponsored students) are subject to different attendance and progress rules. These are set out in the following policies:

• Satisfactory Attendance Policy
• Return of Title IV Funds

All Federal Aid students’ attendance should be monitored in accordance with these policies to ensure that they are progressing. A return to confirm attendance is made each month.

The Head of Student Advice reviews Satisfactory Academic Progress (SAP) before each loan disbursement. Any student who does not meet the SAP requirements will be treated in accordance with the above policies.

17. Providing advice to students – important note from the Student Advice team

As all students do, international students may come to members of academic or support staff for advice during their studies. However, it is important to note that the regulations surrounding student visas are particularly complex, it is therefore vital that staff do not give advice on changing a course, deferring or withdrawing as these changes in circumstances can significantly impact an international student’s visa.

The Student Advice team are trained and competent in advising students on UKVI immigration regulations, applications and extensions. Student Advisers are the only UWL staff authorised by the Office of the Immigration Services Commissioner (OISC) to provide immigration advice and services to students. Therefore, if an international student has a course-related or visa-related query, it is important that staff do not try to give immigration advice; this is only permitted by a member of the Services Advice team, (as the rules surrounding immigration change very regularly). Staff must instead refer students to the Student Advice team, the contact details are:

Student Advice team

• William Brake Student Services Centre
• The Street
• St Mary’s Road site

Opening hours: Mon-Friday, 9am - 5pm

Appointments are booked via: https://studenthub.uwl.ac.uk/

Email: studentadvice@uwl.ac.uk

18. Start-up visa

18.1 The process

The University is able to endorse please who have a viable business idea to apply for a start up visa which is designed to enable entrepreneurs to develop successful business in the UK.

18.2 Eligibility

To be eligible to be considered for start-up endorsement, the individual must be accepted as member of the Westmont Enterprise Hub and:

• Have a viable business idea
• Have appropriate immigration leave to enable them to undertake the required activities
• Normally be a student or former student of UWL.

18.3 Endorsement

Once the Hub member has engaged for three months, consideration can be given to endorsing an application for a start-up visa. A panel comprising the Deputy Vice Chancellor, the University Secretary and the Director of the Westmont Enterprise Hub will form a panel to consider the application.  Other specialist advice will be sought as required or other members invited to the panel if required.

The panel will consider the proposal in relation to the following criteria:

Innovation: Is there a genuine business plan that meets new or existing market needs and/or creates a competitive advantage.

Viability: Does the applicant have the necessary skills, knowledge, experience and market awareness to successfully run the business.

Scalability: Is there evidence of structured planning and or potential for job creation and growth into national and international markets.

Once the panel has made its decision to endorse, the hub member will be provided with an endorsement letter in the form required by the UKVI by the Compliance team and will be supported to apply by Student Advice to become a start-up migrant.

18.4 Monitoring

Prior to endorsement, the Hub will monitor the student in accordance with the conditions of their existing immigration leave.

Once a hub member has been endorsed, performance will be monitored monthly in accordance with agreed key performance indicators. There will be a review at 6 and 12 months to ensure continuing to work on their business ventures and have either demonstrated reasonable progress with their original ideas or are pursuing new business ideas that are also innovative, viable and scalable.

18.5 Record keeping and reporting

The UKVI Compliance team will retain the panel papers and the records of the decision together with copies of the endorsement letter and any other relevant documentation used to make an endorsement.

The UKVI Compliance team will also retain the 6 and 12 month assessment records. The Hub will be responsible for retaining records of monthly meetings and KPIs.

The UKVI Compliance team will be responsible for contacting the UKVI if:

• if the start-up migrant does not keep in contact, e.g. by missing one or more progress reviews without authorisation;
• if we have evidence to suggest that the start-up migrant is breaching the conditions of the leave; or
• if a Start-up migrant is no longer participating in the scheme.

19. UKVI meetings

To keep staff up-to-date with compliance issues, regular cross University meetings are held. All staff with an involvement in compliance should attend. The meetings provide an opportunity to learn about new developments, changes to compliance, share good practice and raise issues.

20. The UKVI Compliance team

UWL’s UKVI Compliance team is responsible for promptly reporting international students’ activities, attendance, course status and changes in student circumstances to the Home Office. As previously stated, these form part of our Student Visa Sponsorship Duties. If we neglect these duties, or do not comply with them, the University risks losing its Sponsor licence to sponsor international students to come and study at the University of West London.

Staff are required to address all UKVI sponsorship related queries to the UKVI Compliance team contact details below:

Senior Compliance Officer: Jackie Forbes

• Email: Jackie.Forbes@uwl.ac.uk
• Telephone: 0208 231 2338

Compliance Officer: Vivien Stennett

• Email: Vivien.Stennett@uwl.ac.uk
• Telephone: 0208 231 2368

Compliance Assistant: Jan Whitfield

• Email: Jan.whitfield@uwl.ac.uk
• Telephone: 0208 231 0120

Office location:

• BY01.002
• St Mary’s Road site
• Ealing
• London  W5 5RF