Changes to the UK Student Sponsor Regime

On the 12th May , the UK Government set out it’s intended policy regarding overseas students. The leitmotif of the strategy is to reduce the number of visas granted. The merits behind the rationale are not considered below. The purpose is to identify the pressure points the government shall apply.

The government relies upon the student sponsors to maintain an effective immigration control. Non compliance by a student is to be reported, and every year a sponsor is subject to a Basic Compliance Audit.

Under the current guidance, a Sponsor may lose their licence , with the concomitant loss of permission to stay for all sponsored students if they fail the Basic Compliance Audit. An Audit will fail at present where: -

• 10% or more visa refusal rate.

There has been a visa refusal rate of sponsored students of more than 10 percent over the previous year.

• Less than 90% enrolment rate.

There has been an enrolment rate of less than 90% of student’s sponsored and granted permission over the previous year.

• Less than 85% completion rate.

There has been a course completion rate of less than 85% of eligible students.

The changes.

The Home Office strategy is to increase the threshold by five percent on each category of compliance as follows.

• 5% or more Visa Refusal rate

• 5% or more failure to enrol.

• 10% or more failure to complete course.

Where one or more of these thresholds are met, revocation of the Sponsor’s Licence may ensue.

Commentary.

It is unclear whether raising the jeopardy in this fashion will improve the judgement of the Sponsor at the time of recruitment, given that the facts behind non compliance arise out of the activity of third parties, later on.

The sponsor may fall foul of a student’s bereavement, or parental ruin, or a visa officer’s disbelief . The very stuff of life. Yet only five percent of such outrageous fortune is tolerated before sanctions are triggered.

Whilst judgement in recruitment itself may be unaffected, neurosis thereafter amongst Sponsors is likely to flourish. A more stringent scrutiny will be applied to the students.

Sponsors may find it reassuring to instruct qualified Lawyers who are specialists in the field to assist them with maintaining compliance and who will themselves be professionally assiduous to ensure the continuation of the licence that is their mutual benefit.

It makes a certain sense that these professional and regulated law firms, who have an established and good relationship with the Sponsor , also undertake the visa applications for the individual. There is merit in it being seamless and convenient. Educational Sponsors are at heart businesses.

But if so, then such firms should also be able to answer the following: -

Who is representing the student ? The one who is paying for it all . And who is the most vulnerable. What happens once the money for fees has been taken but a difficulty in the student’s life precipitates an anxiety in the Sponsor and those paid to maintain the Sponsor’s good graces with the Secretary of State ?

For some these questions are rhetorical. But for students and parents they are on the money and should be raised at the application stage before savings are spent and hope confided.