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Misuse of the student route Misuse of the student route

Misuse of the student route - PowerPoint Presentation

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Misuse of the student route - PPT Presentation

Chris Attwood Home Office Science Migration and Border Analysis By misuse we mean Sponsors Bogus colleges Students Application documents English language Course nonattendance ID: 384770

tier students funded office students tier office funded system privately visa source study attendance 2010 visas based points institutions

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Slide1

Misuse of the student route

Chris Attwood

Home Office Science: Migration and Border AnalysisSlide2

By misuse, we mean ....

Sponsors:

‘Bogus’ colleges

Students:Application documentsEnglish languageCourse non-attendanceWorking in breach of terms and conditionsOverstaying visa

2Slide3

Evidence discussion

1) Why do some students comply whilst others don’t?

2) Why do some sponsors comply whilst others don’t?

3) How do sponsors monitor compliance among students? 3Slide4

One in five non-EEA students remain in the system five years after first being granted a student visa......

4

Source: Home Office Migrant Journey Second Report

The 2004 cohort – immigration status in 2009, five years after their initial visa, by route Slide5

.....with India, in particular, standing out.

5

Source: Home Office Migrant Journey Second Report

185,600 students in 2004 cohort were granted student visas

79% had left the immigration system within 5 years;

15% had transferred to other routes, mainly work

3% had obtained settlement

- 6% were still students

Student visas granted in 2004 and their immigration status at end of 2009 – high volume countriesSlide6

Of those 6% who were still students in 2009 after 5 years in the UK, over half were postgraduates......

6

Long term students: Study route sample by level of study

Source: Home Office Migrant Journey Second reportSlide7

......with long-term Chinese students generally studying at Universities and Pakistani students at FE/HE colleges

7

Long-term students: Study route sample by type of institution

Source: Home Office Migrant Journey Second reportSlide8

Compliance appears to be an issue in privately funded HEI’s ....

Privately funded HE/FE

institutions

Publicly funded HE/FE

institutions

English Language schools

Enrolled on course and continuing to study

39%

47%

65%

Regularised their stay or left the

country

12%

15%

15%

Did not enter having been issued with a visa letter or a CAS

23%

30%

6%

Have no record of leaving the

country and

do not have a valid reason to remain (potentially ‘non-compliant’)

26%

8%

14%

Total

100

%

(1.191 respondents)

100

%(2,397 respondents)100%(2,060 respondents)

8

Students’ compliance by type of sponsoring institution

Source: Home Office Occasional Paper 90: Overseas students in the immigration system Slide9

.... but is less of an issue in universities

9

Universities

Enrolled on course and continuing to study

84%

Regularised their stay or left the

country

4%

Did not enter

UK having

been issued with a visa letter or a CAS

9%

Have no record of leaving the

country and

do not have a valid reason to remain (potentially ‘non-compliant’)

2%

Total

100

%

(12,656 respondents)

Source: Home Office Occasional Paper 90: Overseas students in the immigration system Slide10

Non-attendance an issue at privately funded colleges ...

‘Points-based system Tier 4: Attendance at privately funded colleges’. (

2011) London

: Home Office.Slide11

... notably for Indian and Pakistani students

‘Points-based system Tier 4: Attendance at privately funded colleges’. (

2011) London

: Home Office.Slide12

Enforcement arrests for Tier 4 visa holders increased in 2010...

12

Number of Tier 4 visa arrests by enforcement; Sept 2009 – Nov 2010

Source: Home Office: Points-based system Tier 4 attendance at privately funded colleges; Annex: Background InformationSlide13

...and Tier 4 visa applicants were responsible for 13.5% of asylum claims matched to previous applications in 2010

13

Asylum applications matched to PBS T4 (General) Student Visas

Source: Home Office: Points-based system Tier 4 attendance at privately funded colleges; Annex: Background InformationSlide14

Students from India and Pakistan are most likely to seek employment in the UK after graduation

Future plans

Overall

China

India

USA

Malaysia

Nigeria

Canada

Pakistan

Hong Kong

2010

2010

2010

2010

2010

2010

2010

2010

2010

Seek short term employment in UK

37% (2,262)

33%

46%

36

%

37

%

45%

33%

46

%

29%

Seek long term employment in UK

45% (2,305)

32%

55%

42

%

51%

54%

33%

63%

41%

Undertake further study in UK

49% (2,296)

43%

39%

29

%

55

%

69%

32%

56

%

42%

Apply for perm. residence in UK

29% (2,287)25% 27%24% 30%39% 14%47% 31%

14

Likelihood of 2010 graduates to undertake various activities in next 5 years, by nationality

Source: Tracking International Graduate Outcomes 2011, i-graduateSlide15

Document fraud an issue for student visas ....

Tier 4 applications were responsible for 41% of all forgery detections in applications for visas made in 2010, compared to 27% for visit visas, 3% for Tier 1.

Vast majority of forgeries related to supporting documents, mainly bank statements submitted as evidence of funds.

Top three posts where Tier 4 applications were refused on the basis of forged documents in 2010:

New Delhi (India),

Islamabad (Pakistan)

Dhaka (Bangladesh)

(UKBA, 2010a: 21).

UK Border Agency (2011) Points-based system Tier 4: attendance at

privately

funded

colleges

(including Annex). London: Home OfficeSlide16

.... as is speaking English

Anecdotal evidence suggests many Tier 4 visa holders refused entry at port are refused because Border Force Operators determined they could not speak English to the standard required.

UK Border Agency (2011) Points-based system Tier 4: attendance at

privately

funded colleges

(including Annex). London: Home OfficeSlide17

And, interviews to test credibility suggest false intentions to study

HO pilot study into role of using interviewing powers for entry clearance officers (ECOs) to the T4 route – 2,316 interviews in 13 overseas posts.

ECOs could have potentially refused around one third of those granted visas.

Largest potential grounds for refusal on credibility grounds referred to:

applicants’ intentions to study – indicators included poor academic knowledge, lack of knowledge about the course; +

applicants’ intentions to leave the UK at end of course.

Credibility refers to

intentions to study proposed course, intentions to leave the UK at the end of the course, ability to maintain themselves and dependants

.Slide18

18Slide19

19Slide20

Notes

UKBA Sponsorship Management Unit analysis (September 2010) of 18,304 international students studying at universities, English language schools, publicly funded + privately funded educational establishments.

Suggested attendance levels at private institutions relatively low: 39% of non-EEA students were ‘enrolled on a course and continuing to study’ in private institutions, 47% for public institutions, 65% for language schools

.

Roll-call analysis of the same data,

26% of non-EEA students in private institutions were found to be non-compliant

(‘have not left the UK and do not have a valid reason to remain’), 8% for public institutions, 14 per cent for language schools and 6 per cent overall. (Tier 4, evidence base).

Note these findings are based on a sample of data and should be taken as indicative only.