Misuse of the student route

Chris Attwood

Home Office Science: Migration and Border Analysis

By misuse, we mean ....

● Sponsors:● ‘Bogus’ colleges

● Students:● Application documents● English language● Course non-attendance● Working in breach of terms and conditions● Overstaying visa

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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?

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

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Source: Home Office Migrant Journey Second Report

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

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

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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 countries

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

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Long term students: Study route sample by level of study

Source: Home Office Migrant Journey Second report

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

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

Source: Home Office Migrant Journey Second report

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)

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Students’ compliance by type of sponsoring institution

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

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

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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

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

‘Points-based system Tier 4: Attendance at privately funded colleges’. (2011) London: Home Office.

... notably for Indian and Pakistani students

‘Points-based system Tier 4: Attendance at privately funded colleges’. (2011) London: Home Office.

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

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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 Information

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

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Asylum applications matched to PBS T4 (General) Student Visas

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

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

Future plansOverall 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%

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

Source: Tracking International Graduate Outcomes 2011, i-graduate

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 Office

.... 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 Office

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.

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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.