29 July 2011

As part of the reforms of the student visa route, all Tier 4 sponsors will need to obtain highly trusted sponsor status and also receive a satisfactory review or inspection by one of the publicly recognised inspection bodies approved for Tier 4 purposes - Ofsted and its equivalents in the devolved administrations, the Quality Assurance Agency (QAA), and the Department for Education-approved inspectorates for independent schools.

On 13 June we said that QAA and the Independent Schools Inspectorate (ISI) would extend their activities to offer inspection to private education providers who sponsor international students. Educational oversight by QAA will include higher education providers and pre-sessional providers throughout the UK. ISI will inspect further education providers and English language schools.

Mixed higher education and further education providers should apply to QAA or the appropriate further education inspectorate, depending on whether they offer predominantly higher education or further education courses. QAA and ISI have consulted interested Tier 4 sponsors about their procedures and standards. ISI will publish the final version of its standards in the first week of August.

We can now confirm further details of the overall arrangements.

Religious, Montessori and Steiner colleges of further education

The Bridge Schools Inspectorate (BSI) and the School Inspection Service (SIS) will offer inspection for Tier 4 purposes to further education sponsors within their area of expertise, in England and Wales:

• for BSI, further education colleges with a clear religious purpose;
• for SIS, further education Montessori and Steiner providers.

BSI and SIS will publish their standards soon.

Further education and English language colleges in Wales, Scotland, and Northern Ireland

In Wales, further education colleges and language schools must apply to ISI (or BSI for colleges with a religious purpose, or SIS for Steiner or Montessori colleges) - in line with arrangements for colleges in England. Estyn has confirmed it will not be involved.

In Scotland, all further education colleges and English language schools must apply to Education Scotland for inspection. Education Scotland will confirm its procedures shortly.

We will announce the position of further education colleges and language schools in Northern Ireland shortly.

Deadlines for applying for educational oversight

Existing Tier 4 sponsors that want to be inspected or audited must apply before a certain date to be able to continue to sponsor new international students under Tier 4.

Applications for educational oversight by QAA are being accepted now and those for inspection by the ISI will be accepted from 1 August.

• Higher education providers that are not already audited by QAA must apply to it by 9 September 2011, as previously announced.
  • Private further education colleges in England and Wales with a clear religious purpose should apply for inspection by the BSI, by 7 October.
  • Private further education Montessori and Steiner providers in England and Wales should apply for inspection by the SIS, by 7 October.
• Private further education providers and language schools in Scotland will be able to seek inspection from Education Scotland by 11 November.
• The inspection arrangements for private further education providers and language schools in Northern Ireland will be confirmed shortly on the UK Border Agency website.

Overseas higher education institutions operating in the UK

QAA will, in addition, provide educational oversight of certain foreign providers offering full recognised overseas degree programmes in the UK, working appropriately with their counterparts in the provider's country of origin. Accredited US institutions listed on the US Department of Education website that offer US degree courses are able to apply to the QAA along with associate members (or third party providers) of the Association of American Study Abroad Programmes UK (AASAP/UK). Foreign providers offering complete degrees from other countries should contact QAA in the first instance who will, on advice on the recognition of the provider, confirm whether it is able to review their education provision.

Consultation on criteria for highly trusted sponsor status

We are currently consulting on draft revised criteria for sponsors applying for highly trusted sponsor (HTS) status for Tier 4. Comments are requested by 5 August and we will publish the final new criteria by the end of August to apply to all applications from early September.

Existing sponsors may apply for HTS before they have received a satisfactory inspection or review report from the appropriate educational oversight body.

Prospective Tier 4 sponsors not already on the Tier 4 register should apply for educational oversight before they apply to us. To achieve a satisfactory educational oversight outcome, they must be able to demonstrate an established track record in providing quality teaching in the UK. This would normally involve teaching UK or EEA students before being able to sponsor international students.

28 July 2011

As part of the reforms of the student visa route, all Tier 4 sponsors will need to obtain highly trusted sponsor status and also receive a satisfactory review or inspection by one of the publicly recognised inspection bodies approved for Tier 4 purposes - Ofsted and its equivalents in the devolved administrations, the Quality Assurance Agency (QAA), and the Department for Education-approved inspectorates for independent schools.

On 13 June we said that QAA and the Independent Schools Inspectorate (ISI) would extend their activities to offer inspection to private education providers who sponsor international students. Educational oversight by QAA will include higher education providers and pre-sessional providers throughout the UK. ISI will inspect further education providers and English language schools.

Mixed higher education and further education providers should apply to QAA or the appropriate further education inspectorate, depending on whether they offer predominantly higher education or further education courses. QAA and ISI have consulted interested Tier 4 sponsors about their procedures and standards. ISI will publish the final version of its standards in the first week of August.

We can now confirm further details of the overall arrangements.

Religious, Montessori and Steiner colleges of further education

The Bridge Schools Inspectorate (BSI) and the School Inspection Service (SIS) will offer inspection for Tier 4 purposes to further education sponsors within their area of expertise, in England and Wales:

• for BSI, further education colleges with a clear religious purpose;
• for SIS, further education Montessori and Steiner providers.

BSI and SIS will publish their standards soon.

Further education and English language colleges in Wales, Scotland, and Northern Ireland

In Wales, further education colleges and language schools must apply to ISI (or BSI for colleges with a religious purpose, or SIS for Steiner or Montessori colleges) - in line with arrangements for colleges in England. Estyn has confirmed it will not be involved.

In Scotland, all further education colleges and English language schools must apply to Education Scotland for inspection. Education Scotland will confirm its procedures shortly.

We will announce the position of further education colleges and language schools in Northern Ireland shortly.

Deadlines for applying for educational oversight

Existing Tier 4 sponsors that want to be inspected or audited must apply before a certain date to be able to continue to sponsor new international students under Tier 4.

Applications for educational oversight by QAA are being accepted now and those for inspection by the ISI will be accepted from 1 August.

• Higher education providers that are not already audited by QAA must apply to it by 9 September 2011, as previously announced.
  • Private further education colleges in England and Wales with a clear religious purpose should apply for inspection by the BSI, by 7 October.
  • Private further education Montessori and Steiner providers in England and Wales should apply for inspection by the SIS, by 7 October.
• Private further education providers and language schools in Scotland will be able to seek inspection from Education Scotland by 11 November.
• The inspection arrangements for private further education providers and language schools in Northern Ireland will be confirmed shortly on the UK Border Agency website.

Overseas higher education institutions operating in the UK

QAA will, in addition, provide educational oversight of certain foreign providers offering full recognised overseas degree programmes in the UK, working appropriately with their counterparts in the provider's country of origin. Accredited US institutions listed on the US Department of Education website that offer US degree courses are able to apply to the QAA along with associate members (or third party providers) of the Association of American Study Abroad Programmes UK (AASAP/UK). Foreign providers offering complete degrees from other countries should contact QAA in the first instance who will, on advice on the recognition of the provider, confirm whether it is able to review their education provision.

Consultation on criteria for highly trusted sponsor status

We are currently consulting on draft revised criteria for sponsors applying for highly trusted sponsor (HTS) status for Tier 4. Comments are requested by 5 August and we will publish the final new criteria by the end of August to apply to all applications from early September.

Existing sponsors may apply for HTS before they have received a satisfactory inspection or review report from the appropriate educational oversight body.

Prospective Tier 4 sponsors not already on the Tier 4 register should apply for educational oversight before they apply to us. To achieve a satisfactory educational oversight outcome, they must be able to demonstrate an established track record in providing quality teaching in the UK. This would normally involve teaching UK or EEA students before being able to sponsor international students.

The government has today announced proposals to crack down on sham and forced marriages, as part of a new consultation on better family migration.

The consultation also seeks to ensure that family migrants can integrate into society, and opens up debate on Article 8 of the European Convention on Human Rights and the circumstances where the public interest in removing someone from the UK should outweigh the right to respect for family life.

Immigration minister Damian Green said:

'This consultation is about better family migration - better for migrants, communities, and the UK as a whole.

'We welcome those who want to make a life here with their family, but too often in the past the family route has been abused as a means to bypass our immigration laws.

'That includes too many times when we have seen Article 8 used to place the rights of criminals and illegal migrants above the rights of the British public. That balance must be redressed where there is a clear public interest in removing someone from the UK.

'Our message is clear - we will not tolerate abuses. And if you cannot support your foreign spouse or partner, you cannot expect the taxpayer to do it for you.'

The consultation focuses on stopping abuse, promoting integration and reducing burdens on the taxpayer. Its key proposals include:

• defining more clearly what constitutes a genuine and continuing marriage, to help identify sham and forced marriages;
• introducing a new minimum income threshold for sponsors of partners and dependants, to ensure that family migrants are adequately supported as a basis for integration - the independent Migration Advisory Committee has been asked to advise on what the threshold should be;
• extending the probationary period before partners can apply for settlement in the UK from 2 years to 5 years, to test that relationships are genuine and to encourage integration into British life;
• requiring partners and adult dependants aged under 65 to demonstrate that they can understand everyday English (B1 level on the Common European Framework for Languages) when they apply for settlement;
• exploring the case for making 'sham' a lawful impediment to marriage in England and Wales, and for giving the authorities the power to delay a marriage where sham is suspected;
• working closely with local authorities to ensure that vulnerable people are not forced into marriage; and
• reviewing the full right of appeal for family visitor visas, and inviting views on whether there are circumstances (beyond race discrimination and human rights grounds) in which an appeal right should be retained.

In 2010, 48,900 visas were granted to people on the family route. Of these, 40,500 were granted on the basis of a marriage or civil or other partnership, and 8,400 were granted to other dependants.

At present, anyone who is refused a family visitor visa has the right of appeal. In 2009/10, these appeals - which were often based on new information which should have been submitted with the original application - made up approximately 40 per cent of all immigration appeals and cost around £40 million.

To reduce the financial burden on the taxpayer, and deliver an appropriate system for applicants, the government is reviewing this right of appeal. Appeals based on grounds of race discrimination and the European Convention on Human Rights will continue to be allowed, but the government is inviting views on whether an appeal right should be retained for family visitor visas in other circumstances.