HIGHLY TRUSTED PRIVATE COLLEGES DO NOT ALLOW STUDENTS SAME RIGHT TO WORK AS GOVERNMENT INSTITUTIONS

Cynthia Barker, Immigration Adviser at Bison UK writes...

The UK Border Agency (UKBA) has recently published proposed criteria to become a Highly Trusted Sponsor under Tier 4, which may be the final 'nail in the coffin' for some private colleges.

Many private colleges are giving up simply shutting their doors and telling their students to "find another college".

Tier 4 students are also utterly confused by further set of rule changes. In the last few weeks I have received an increasing number of calls and emails from panic stricken students reporting that their college had ‘closed down’, usually following their suspension from the Tier 4 Sponsors Register or perhaps following changes to the Tier 4 Immigration Rules on 4 July 2011.

Furthermore, students assume that if they are registered with a 'Highly Trusted' institution, they will be treated equally. NOT TRUE. A private college is a private college no matter how ‘highly’ they are trusted, and students applying to those colleges will not be allowed to work or sponsor their dependants.

To remind you, goalposts were moved again on 4 July so that students applying for visas or extension after this date are:

• only allowed to work if they are sponsored by government universities or higher education institutions (HEIs) and publicly funded further education colleges to work part-time during term time and full-time during vacations;
• only allowed to sponsor dependants if they are studying at or sponsored by HEIs on postgraduate courses lasting 12 months or longer, and of government-sponsored students on courses lasting longer than 6 months;
• only able to obtain a CAS if the institution has confirmed that their course represent genuine academic progression from any previous courses studied by the student in the UK – see also the 3 year rule and reference requirements which are preventing many students from renewing their visas.

Large numbers of students have also jumped from one private college to another without being able to prove that they have ever finished a course or made satisfactory progress. Progress reports and references have always been a vital requirement and colleges who do not take take these up will find themselves in trouble.

These changes do not affect EU migrants such as Bulgarian and Romanian students coming to the UK to study and work on a Yellow Card. They need to find a college on the 'pre-tier 4' DIUS regsiter and can still work full time when taking a vocational work based course, such as an NVQ or QCF in health and social care.

For free immigration news updates, please visit www.immigrationmatters.co.uk or email: info@immigrationmatters.co.uk

See also:

New Tier 4 sponsor guidance published for Highly Trusted Sponsorship – will your private college qualify?

Pre Tier 4 students in the UK under the Immigration Rules that were in place before 31 March 2009

New Tier 4 student visa rules now in force

Immigration Rules for Bulgarian and Romanian nationals

Free Movement of EU nationals explained

Comprehensive Sickness Insurance now required for Bulgarian and Romanian study work yellow cards

NVQ AND QCF VOCATIONAL QUALIFICATIONS

NVQ’s or National Vocational Qualifications are work-related, competence-based qualifications introduced to train people in the workplace. They reflect the skills and knowledge needed to do a job effectively, and show that a candidate is competent in the area of work the NVQ represents.

Millions of ‘learners’ or students (resident and international learners on student visas) in the UK have taken NVQ courses covering a wide diversity of subjects ranging from Health and Social Care, Customer Service, Administration, IT and Hospitality and Catering.

Vocational qualifications in the UK have recently been revamped by the introduction of QCF or Qualifications and Credit Framework model, which gradually replaced NVQ’s during a transition period giving learners time to complete their course.

There are thousands of learners still finishing NVQ’s, which will still be a valid qualification, however, to make matters even more confusing, the qualification framework levels have also been changed. For instance, an NVQ level 4 management level qualification is equivalent to a QCF level 5.

Advantages and disadvantages of QCF and NVQ

The QCF, like an NVQ, is a system for recognising skills and qualifications in a vocational setting. It does this by awarding credit for qualifications and units (small steps of learning), with each unit holding a credit value. This value specifies the number of credits gained by learners who complete that unit.

The advantage and flexibility of the QCF system allows learners to gain qualifications at their own pace along routes that suit them best. Unlike an NVQ the QCF’s credit based system means that a student who fails to complete the entire award, certificate or diploma can gain recognised credits for their work rather than walking away empty handed.

The main drawback for the QCF will be employer recognition and acceptance. NVQ’s are a well known ‘brand’ understood by industry as the standard for vocational, as opposed to academic, learning. Critics have argued that the qualifications could have been updated without dropping the established ‘NVQ’ label.

NVQ’s and QCF qualifications are based on 'national occupational standards' laid down by the Government bodies and the Sector Skills Councils. These standards describe what competent people in a particular occupation are expected to be able to do. They cover all the main aspects of an occupation, including current best practice, the ability to adapt to future requirements and the knowledge and understanding that make competent performance.

Within reason, NVQ’s and QCF qualifications do not have to be completed in a specified amount of time. They can be taken by full-time employees or by school and college students with a work placement or part-time job that enables them to develop the appropriate skills. There are no age limits and no special entry requirements.

How are QCF’s/NVQ’s achieved?

QCF/NVQ’s are achieved through study, training and on-going assessment. Assessment is normally through on-the-job, work related observation and questioning. Candidates produce evidence to prove they have the competence to meet the standards. Assessors ‘sign-off’ units when the candidates are competent. The assessor tests candidates’ knowledge, understanding and work-based performance to make sure they can demonstrate competence in the workplace.

There are no exams, dissertations or complicated written work needed to gain a vocational qualification.

The UK qualifications regulator QFQUAL describes the new structure as simple yet flexible.

Every unit and qualification has a credit value and a level. One credit represents ten notional hours of learning, showing how much time the average learner would take to complete the unit or qualification. Levels indicate difficulty and vary from entry (1) to level 8. There are three types of qualification:

• Awards (1 to 12 credits)
• Certificates (13 to 36 credits)
• Diplomas (37 credits or more)

You can have an award of any difficulty level from 1 to 8. This is because the type indicates the size of qualification, not its difficulty.

Comparing QCF with other qualifications

The title of a qualification should indicate its difficulty, how long it will take the average learner to complete, and its general content, using the following information:

• Qualification level (from lowest, entry level to level 8 at the top)
• Qualification size (award/certificate/diploma)
• Content of the qualification

The title of a qualification you will enable you to judge the degree of difficulty, how long it will take the average person to complete and a good idea of the content.

To illustrate the level of difficulty of the units and qualifications in the new framework OFQUAL states that that GCSEs (grade A*–C) are at level 2, GCE A levels are at level 3, a Bachelors Degree would be at level 6, a Masters Degree at level 7 and a PhD is a level 8.

Where can you take a QCF?

You can find approved centres all over the country. Colleges and centres must be assessed and approved by an official awarding body such as OCR, EDEXCEL or EDI in order to run QCF courses.

To ensure high standards are maintained, centres must demonstrate to the awarding body that they have competent tutors/assessors and IV’s (Internal Verifier) in place before approval is granted.

Majestic College is an OCR accredited NVQ/QCF Training Centre based in the north London/Herts area which has helped over 400 hundred students gain vocational qualifications in the last couple of years.

Who can take an NVQ/QCF vocational course?

In general anyone can take a vocational course provided they are able to demonstrate competence in a work based environment.

Some units within the QCF structure are purely 'knowledge based' and may be taken without the need for work based assessment.

Bulgarian and Romanian students

NVQ and QCF courses have proved popular with Bulgarian and Romanian citizens, as well as overseas Tier 4 students, seeking to gain a practical work based UK qualification whilst studying and working on a 'yellow card' registration (BR1).

Like other overseas students, many EU students already have academic qualifications in their own country which have not led them into the work place. Taking a vocational course will give them the practical skills to enable them to find a job.

The vocational or work based element of the course allows Bulgarian and Romanian students to work full time whilst studying. Employers usually welcome NVQ/QCF students because their course relates to the work they are doing and training helps drive up standards. Students like vocational courses because they can ‘earn while they learn’.

After 12 months of continuous full time study and work Bulgarians and Romanians can apply for UK residence Blue Card.

For more information on immigration rules for Bulgarian and Romanian citizens visit the UK Border Agency website or see an OISC registered immigration adviser.

Majestic College offer a range of QCF and management courses for resident and overseas students including: NVQ/QCF in Health and Social Care or Customer Service, CMI Level 5 and Level 7 in Leadership and Management, A1, V1 and ESOL English Language. They are currently offering special packages for EU students. For more information call Joanna on 0208 207 1020, email info@majesticcollege.org or visit http://www.majesticcollege.org/

Enhance Your Career Prospects with a Vocational Qualification

At school we are taught a range of subjects to give us an all round education. Whilst this is important for our development, much the knowledge we acquire is, frankly, of little direct value in the work place. What employers need are people with the right skills for the right job.

Vocational qualifications such as NVQ’s (National Vocational Qualifications) and QCF (Qualifications and Credit Framework) are work-related, competence-based qualifications introduced to train people in a work based environment. They reflect the skills and knowledge needed to do a job effectively, and show that a candidate is competent in the area of work the NVQ/QCF represents.

Millions of learners in the UK have taken NVQ courses covering a wide diversity of subjects ranging from Health and Social Care, Customer Service, Administration, IT and Hospitality and Catering.

The NVQ qualification has recently been replaced by the QCF or Qualifications and Credit Framework.

The QCF, like an NVQ, is a system for recognising skills and qualifications. It does this by awarding credit for qualifications and units (small steps of learning), with each unit holding a credit value. This value specifies the number of credits gained by learners who complete that unit.

The advantage and flexibility of the system allows learners to gain qualifications at their own pace along routes that suit them best. Unlike an NVQ the QCF’s credit based system means that a student who fails to complete the entire award, certificate or diploma can gain recognised credits for their work rather than walking away empty handed.

NVQ’s and QCF qualifications are based on 'national occupational standards' laid down by the Government body ENTO. These standards describe what competent people in a particular occupation are expected to be able to do. They cover all the main aspects of an occupation, including current best practice, the ability to adapt to future requirements and the knowledge and understanding that make competent performance.

Within reason, NVQ’s and QCF qualifications do not have to be completed in a specified amount of time. They can be taken by full-time employees or by school and college students with a work placement or part-time job that enables them to develop the appropriate skills. There are no age limits and no special entry requirements.

How are QCF/NVQ’s achieved?

QCF/NVQ’s are achieved through study, training and on-going assessment. Assessment is normally through on-the-job, work related observation and questioning. Candidates produce evidence to prove they have the competence to meet the standards. Assessors ‘sign-off’ units when the candidates are competent. The assessor tests candidates’ knowledge, understanding and work-based performance to make sure they can demonstrate competence in the workplace.

There are no exams, dissertations or complicated written work needed to gain a vocational qualification.

Who can take an NVQ/QCF vocational course?

In general anyone can take a vocational course provided they are able to demonstrate competence in a work based environment.

Some units within the QCF structure are purely 'knowledge based' and may be taken without the need for work based assessment.

Bulgarian and Romanian students - why you should consider a vocational course

NVQ and QCF courses have proved popular with Bulgarian and Romanian citizens seeking to gain a UK qualification whilst studying and working on a 'yellow card' registration (BR1). After 12 months of continuous study and work they can apply for UK residence or Blue Card.

For more information on immigration rules for Bulgarian and Romanian citizens visit the UK Border Agency website or see an OISC registered immigration adviser.

Majestic College is a Borehamwood based OCR accredited NVQ/QCF Training Centre which has helped hundreds of students gain vocational qualifications.

Majestic College offer special packages for UK and EU students. For more information call Joanna on 0208 207 1020 or email info@majesticcollege.org

http://www.majesticcollege.org/

Students on Tier 4 visas are not 'migrants'

In a blog Nick Jordan writes. In August this year the Home Secretary Theresa May announced a raft of legislative proposals that would form another front in the Government's campaign to reduce the total number of immigrants entering the UK.

The current administration has pledged itself to reducing migration into Britain, 'from the hundreds of thousands, to the tens of thousands'. It's one of those pledges - catchy and somewhat vague - that are made when there is an election to be won; a promise made with fingers firmly crossed.

In this instance, the Government and its agencies are taking aim at the estimated 340,000 international, non-EU students who come to Britain every year to study at schools and colleges. The stated intention of the Home Office is to reduce the number of student visas issued every year by 70,000-80,000: the equivalent of a 25% fall.

Now, any government worth the name knows that for every single immigrant entering the country there are at least 100,000 members of the voting public expressing serious concerns about immigration levels. And if this statistic seems somehow dubious to you, confected perhaps by the writer in order to make a wider point, then a) you'd be right, I just made it up and b) if you think that's bad, read on to see how poorly the Government uses immigration numbers to frame policies that have an enormous bearing on the both the success of the British economy, and our wider standing in international affairs.

According to a recent report on Student Visas by a Home Affairs Select Committee, 'The international student market, estimated to be worth £40 billion to the UK economy is a significant growth market and the UK is the second most popular destination in the world for international students.' So, in these much-lamented days of recession and austerity, we have an industry bringing a whopping £40 billion into the UK economy. It is, by any account a fantastic commercial success story - and yet the current Government (in line with the previous) seems hell-bent on bringing this industry to its knees, by employing legislation that the Committee report says will have 'a calamitous impact' on business.

Within the industry itself, the situation is widely understood to be farcical. Tony Millns, Chief Executive of industry-body English UK points out the obvious (someone needs to), when he says:

"The Government's economic strategy and its immigration policy are completely at odds with each other in the area of international students. We should be making the most of the fact that our international reputation for quality in education is so high that students want to come here [to study]. Instead, the message which has gone out round the world is that Britain no longer wants students to come here."

As I have suggested, the 'problem' here is immigration, with the Government currently classifying international students who come to study on a visa as 'migrants'. But this is surely ridiculous. Whilst the public are, rightly or otherwise, concerned about immigration levels, do most people honestly think that foreign students visiting Britain on temporary visas, should be classified as immigrants? Even Migration Watch UK, a hard-line organisation dedicated to drastic reductions in immigration levels, has no problem with foreign students coming to study in the UK, as long as they leave again.

But the Government stubbornly refuse to make the distinction between immigrants and student visitors. They are, to all intents and purposes, the same thing. For MP Julian Huppert, who sat on the Select Committee for Student Visas, the situation is absurd:

"Students are clearly not migrants in any real sense, assuming they leave after their studies; if we had exit checks at the borders, we would know who was still here and who wasn't, and have more sensible policies."

And it is here that we come to real nonsense of this situation, indeed of the immigration question as a whole. Huppert says: 'if we had exit checks at the borders'. What he means is simple and terrifyingly absurd: the UK authorities only measure the number of immigrants coming into the country, not the number leaving. This would be similar to measuring the population of a country by taking into account its birth rate, and not its death rate. Is this really the way to 'restore sanity' to the student visa system, as Theresa May claimed? If that isn't a broken system, then it's hard to know what is, and yet it is being used to help inform and frame government policy towards this vital and enormously successful British service industry.

Politicians and their pledges come and go, but the reality and impact of commerce resonates in a very immediate way, affecting real people in real time. As a result of these changes, thousands of jobs will be lost, and millions of pounds lost to UK revenue at a time when jobs are desperately needed and the Exchequer is crying out for revenue. Where is the sense in that? Furthermore, the English language is Britain's great gift to the world. It is the vital language of commerce, diplomacy and human understanding, and it will stand long after the vote-grabbers have been forgotten.

I would contend, that the best place to learn our great language is in Britain, here and now. Sadly, and for the basest of reasons, the British Government which should represent this nation's interests, stands committed to making it as hard as possible for the world to learn the English language. Source: Nick Jordan, Huff Post.

See also:

New Tier 4 sponsor guidance published for Highly Trusted Sponsorship – will your private college qualify?

Pre Tier 4 students in the UK under the Immigration Rules that were in place before 31 March 2009

New Tier 4 student visa rules now in force

For free immigration news updates, please visit www.immigrationmatters.co.uk or email: info@immigrationmatters.co.uk

Looking for a college or University or need advice?

UKUS is a free University and College Admissions and advice service based in London, UK. Students interested in studying abroad can complete the Online UKUS Registration Form for more details.

New Tier 4 sponsor guidance for Highly Trusted Sponsors - will your private college survive?

The latest Tier 4 immigration rule changes may be the ‘straw that breaks the camel’s back’ for many private colleges. Having invested millions in buildings and infrastructure, some college owners have already closed their doors - unable to recruit sufficient student numbers following 4 July Tier 4 changes which mean that students studying at their college will not be allowed to work or sponsor their dependants.

The UK Border Agency’s (UKBA) proposed criteria to become a Highly Trusted Sponsor under Tier 4, announced on 19 July, invited comments and feedback from the education sector.

Following that feedback the UKBA has published new Tier 4 sponsorship guidance covering:

• Highly Trusted Sponsorship, including the date by which Tier 4 sponsors who are not already highly trusted need to apply for HTS by; what will happen to existing Tier 4 sponsors who do not apply for HTS by the deadline or who do apply and fail; and details of transitional arrangements for sponsors who are not already highly trusted.
• educational oversight, confirming the previously announced detail of the new approach, including a reminder of the date by which applications should be made and to which oversight body; and information Tier 4 sponsors who either do not apply by the specified deadline or who apply and fail to obtain it.

Tier 4 sponsor ratings will also change and in future there will be just 2 ratings: 'A' rating and Highly Trusted.

The Tier 4 changes are being implemented as part of the government's reforms of the immigration system to ‘tackle abuse and bring net migration down to sustainable levels’.

Immigration changes included reforming the work route, settlement and family migration to the UK.

You can now download the new sponsor guidance from the Guidance for sponsors page.

On 13 June, the UKBA announced in a separate news story that applications for educational oversight would need to be made to the Quality Assurance Agency (QAA) and Independent Schools Inspectorate (ISI) by Friday 9 September 2011. These bodies have since issued additional guidance on the QAA website and the ISI website. Tier 4 sponsors are required to apply to the QAA or ISI by Friday 9 September or they will not be able to sponsor new students.

The Bridge Schools Inspectorate wll inspect faith-based private colleges in England and Wales, and that the School Inspection Service would inspect Steiner and Montessori colleges in England and Wales with providers required to apply by a deadline of 7 October. Education Scotland will inspect privately funded providers in Scotland, with providers required to apply by 11 November.

Any registered independent schools and publicly funded colleges will be covered by their statutory inspections and do not need to apply separately for educational oversight. Source: UK Border Agency.

A UKBA spokesperson said in a statement: “the changes to the student visa system will, create a system where every student coming to the UK attends a legitimate course at a legitimate institution. We are also reforming the work route, and change is being planned for the settlement and family routes.”

Speaking at the Universities UK annual conference this week Business Secretary Vince Cable said:

“The criteria aim to achieve a sensible balance between attracting genuine students and operating a robust immigration system that denies entry to people with an ulterior motive.

“You have my absolute assurance that I will continue to work with the UKBA – and with universities – on removing obstacles to the essential business of global intellectual exchange. International students are important for a university’s basic mission and important for the economy; put crudely, HE is an export industry.”

Industry figures are predicting that the new Highly Trusted Sponsor (HTS) regime and recent student visa rule changes will put a large number of private colleges out of business.

Colleges which have been suspended from the Tier 4 Sponsors Register will not qualify for HTS.

In recent weeks Immigration Matters has received an alarming number of emails from students reporting that their college had 'closed their doors' and ceased trading following a UKBA suspension.

Students who have paid thousands of pounds to these colleges for a CAS in order to renew their visas are unlikely to see their money again.

The UK Border Agency has implemented significant changes to the Tier 4 student route of the points-based system this year.

On 4 July the government changed the Immigration Rules relating to Tier 4 so they could:

• restrict work entitlements, by only allowing students sponsored by higher education institutions (HEIs) and publicly funded further education colleges to work part-time during term time and full-time during vacations;
• restrict sponsorship of dependants to those of students sponsored by HEIs on postgraduate courses lasting 12 months or longer, and of government-sponsored students on courses lasting longer than 6 months;
• require institutions to confirm that courses represent genuine academic progression from any previous courses studied by the student in the UK; and
• create a streamlined application process for low-risk nationals sponsored by Highly Trusted sponsors.

A spokesman for UK University Services added that there are a number of rule changes which will make it difficult for students renewing visas, especially those at private colleges.

"Students renewing visas at private colleges will no longer be allowed to work as well as sponsor dependants.

"In addition the 3 year rule will block those who take too long to complete a lower level course such as an NVQ.

"These changes, combined with the burden of reapplying under the new Highly Trusted scheme, will be the 'last straw' for many private college owners who have faced an onslaught in the last 18 months."

The 3 year rule will prevent students who take too long to complete lower level courses from renewing their student visas or leave to remain.

Immigration appeal specialists are seeing a surge in enquiries from people who have been refused visas and leave to remain.

The government’s aim is to ‘encourage’ international students to study only at government colleges and universities.

See also:

MORE CHALLENGES FOR TIER 4 STUDENTS AS ‘3-YEAR RULE’ APPLIED

Can family dependants of Tier 4 Students work while studying in the UK?

UK University places filling up faster than last year

Colleges and Universities discount fees to attract more Tier 4 students

Pre Tier 4 students in the UK under the Immigration Rules that were in place before 31 March 2009

New Tier 4 student visa rules now in force

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR, Settlement, Citizenship, dependant visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Looking for a college or University or need advice?

UKUS is a free University and College Admissions and advice service based in London, UK. Students interested in studying abroad can complete the Online UKUS Registration Form for more details.

Cambridge University tops world university league table again

Cambridge University has retained its top place in an international university league table, having ended Harvard's six-year lead last year, the BBC reports.

The rankings assess factors including reputation, graduate employability, research and staff-student ratios.

The picture was similar to a year ago, with US institutions leading overall.

As last year, three other UK universities made the top 10 - Oxford rose one place to fifth, while Imperial College rose one place to sixth and University College London dropped from fourth to seventh.

In total there were 31 UK institutions in the top 200, compared with 30 last year - but the number in the top 100 dropped from 19 to 18.

Ben Sowter, head of research at QS which compiled the list, said that in the context of the debate over raised tuition fees and cuts to teaching and research budgets, the largely unchanged picture would be seen as "welcome news".

In total, 34 out of 37 UK universities in the top 300 had dropped down the list when institutions were ranked purely on this measure, he said.

A spokesman for the Department for Business, Innovation and Skills said UK universities' global reputation was "well deserved".

"Our reforms will put students at the heart of the system, allowing popular universities to expand and putting the sector on a sustainable financial footing.

"We expect total funding for UK universities to grow by around 10% by 2014-15," the spokesman said.

US universities maintain their dominance in the rankings, making up 31 of the top 100 institutions.

However, the main up-and-coming region is East Asia, particularly Hong Kong, China, Japan, Korea, Taiwan and Singapore, said Mr Sowter.

But at the lower levels in the rankings, universities in Latin America and the Middle East were climbing the table, he added.

The QS rankings are weighted 40% to academic reputation, 10% to employability, 20% to research citations, 20% to the staff-student ratio and give a further 10% weighting to how international the make-up of the faculty and student body is. Source: BBC.

A spokesman for UK University Services (UKUS) the free student placement service said:

‘This is fantastic news for Britain’s world class academic reputation, however, the vast majority of international students Tier 4 student visas opt for less expensive middle ranking universities or private institutions, which tend to offer better value.’

QS RANKING: TOP 10

1. Cambridge (1)
2. Harvard (2)
3. Massachusetts Institute of Technology (5)
4. Yale (3)
5. Oxford (6)
6. Imperial College London (7)
7. University College London (4)
8. University of Chicago (8)
9. University of Pennsylvania (12)
10. Columbia University (11)

See also:

MORE CHALLENGES FOR TIER 4 STUDENTS AS ‘3-YEAR RULE’ APPLIED

Can family dependants of Tier 4 Students work while studying in the UK?

UK University places filling up faster than last year

Colleges and Universities discount fees to attract more Tier 4 students

Pre Tier 4 students in the UK under the Immigration Rules that were in place before 31 March 2009

New Tier 4 student visa rules now in force

For free immigration news updates, please visit www.immigrationmatters.co.uk or email: info@immigrationmatters.co.uk

Looking for a Tier 4 college or University or need advice?

UKUS is a free University and College Admissions and advice service based in London, UK. Students interested in studying abroad can complete the Online UKUS Registration Form for more details.