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What is the Points Based System (PBS)?

The UK Government has introduced widespread changes to the immigration system in an effort to manage migration better.  The many different visa routes that were previously available to overseas nationals (excluding Economic European Area and Swiss) have been replaced by a points based system split into 5 tiers.  The UK Border Agency (UKBA), which is part of the Home Office, is responsible for the new system.  The two main Tiers that affect the University are Tier 2 concerning international staff and Tier 4 concerning international students.

A very important change for the University, in order for us to be permitted to recruit international staff and students, is that we must become a recognised institution and be prepared to “sponsor” those students.  This means that we need to be licensed as a sponsor by UKBA, and comply with the requirements laid down by this legislation.

The focus here is on Tier 4 visas for international students.  In order to obtain a visa to come into the UK to study, international applicants must gain enough “points” to qualify for a Tier 4 visa.  Applicants receive points for being in possession of an unconditional offer from a recognised institution and by showing that they have enough money to meet their fees and living expenses for the first twelve months of their studies.  If they wish to bring dependants with them to the UK they also have to satisfy similar maintenance criteria for each dependant.

Why is this important to me?

The University cannot recruit and retain students without a Sponsor Licence.  As well as the students having to meet points-based criteria, the University now also has to meet PBS requirements. In order to retain our Licence the University must meet the overall criteria and also not lose more than 30 points in the various PBS criteria listed below.

Table (iv) Overall Criteria

(inserted from the UKBA website)

Minimum qualifying period

You must have held a Tier 4 sponsor licence for 12 consecutive months.

Unless you are applying to renew your HTS status, your licence must have been A-rated for the six months immediately before you apply.

No civil penalties

During the three-year period immediately before you apply, you must not have become liable to pay a civil penalty which still stood once your objection and appeal rights were exhausted.

Refusal rate

Your refusal rate must be less than 20 per cent.

This means that of all the CAS you have assigned which students have used to support an application for a visa or permission to stay, the total number of applications we refused must be less than 20 per cent. We will assess this using CAS data from the SMS for the 12-month period immediately before you apply. We will take into account all CASs that students have used and applications we refused during this 12-month period.

Enrolment rate

Your enrolment rate must be at least 90 per cent.

This means that of all the CASs you have assigned to students who have been granted a visa or permission to stay, at least 90 per cent must have enrolled on their course within the enrolment period.

We will assess this using CAS data from the SMS for the 12-month period immediately before you apply. We will take into account all the CASs students have used in a successful application where the student has enrolled on their course within the past 12 months.

Course completion rate

(If none of your students were due to complete their course in the past 12 months then we will not assess you against this requirement.)

Your course completion rate must be at least 85 per cent.

This means that at least 85 per cent of students sponsored under Tier 4 who enrol with you, must complete their course

We will assess this using all CAS data available from the SMS. To determine your course completion rate we will calculate the number of students whose course was due to end in the past 12 months and who dropped out of their course before the course end date. It does not matter when they started their course. We will then calculate the percentage of drop-outs compared with all students who were due to complete their course and subtract this from 100 per cent.

Declaration of academic progression

100 per cent

This means that you have, where required, confirmed the student’s academic progression on all CASs you have assigned during the past 12 months.

 

Table (v) PBS Criteria

(inserted from the UKBA website)

Refusal rate percentage

Less than 5 per cent

0 points deducted

5.0 – 9.99 per cent

5 points deducted

0 – 14.99 per cent

10 points deducted

15 – 19.99 per cent

20 points deducted

Enrolment rate percentage

More than 98 per cent

0 points deducted

96 – 98 per cent

5 points deducted

93 – 95.99 per cent

10 points deducted

90 – 92.99 per cent

15 points deducted

Course completion rate percentage

More than 98 per cent

0 points deducted

95 – 98 per cent

5 points deducted

90 – 94.99 per cent

10 points deducted

85 – 89.99 per cent

15 points deducted

 

There are also a number of duties placed on the University, which are statutory requirements by law, and include:

What happens if we don’t comply with these duties?

The worst case scenario is that we lose our Sponsor Licence and hence lose our ability to recruit and retain international students, with the consequent significant financial and reputational damage this would cause.  A lesser penalty could be that our Sponsorship Licence be downgraded from an ‘A’ rating to a ‘B’ rating or e.g. a ban could be placed on a particular programme whereby we could not bring in any new students until such time as UKBA was satisfied.  Any downgrading of our Licence would be accompanied by a list of areas where we had to improve (within a specified time period).

What are the things I should know about from a visa point of view?

There are a few basic things that all staff should be aware of and this includes:

So what are my responsibilities?

You need to make yourself aware of the duties and responsibilities we all share as staff of a Tier 4 Licence holder.  In order to ensure the University remains compliant you should do the following:

If students are experiencing particular difficulties (medical, personal, etc) they should be referred to the Student Advice and Support Office for an assessment to be made before it becomes necessary to report them to UKBA.

It is important to note that the University has only ten working days to report students who i) fail to enrol; ii) withdraw from their studies and / or exit early; iii) or who are reported as absent through monitoring.  It is therefore vital that information is passed to the Registry as quickly as possible.

Which students fall under the Tier 4 banner at the moment?

What should I not do?

What else is happening?

Over the past 2 years staff from the Registry, Student Recruitment & Admissions and Student Support have been working together with Schools and Colleges to raise awareness of the UKBA system.  We continue to do so.  It has been difficult because the UKBA frequently move the goal-posts, often at very short notice. 

Where can I find further information and advice?

Three main sections in the University will be dealing with Tier 4 students:

• New admissions: direct enquiry to Student Recruitment & Admissions

Carol Baverstock        - telephone: 2030 or email c.baverstock@abdn.ac.uk

Jenny Fernandes        - telephone: 2165 or email jenny.fernandes@abdn.ac.uk

• Registered students, and re-admission of students: direct enquiry to the Registry

Yvonne Gordon           - telephone: 3394 or email y.gordon@abdn.ac.uk

Emma Webb              - telephone: 2963 or email tier4@abdn.ac.uk

• Visa Extensions and general immigration advice: direct enquiry to the International Student Advisers in The Hub

Michele Theodule        - telephone: 3674 or email m.theodule@abdn.ac.uk

Glenda Hale                - telephone: 2659 or email g.e.hale@abdn.ac.uk

Shona Carr                 - telephone: 2043 or email s.carr@abdn.ac.uk

Links

www.abdn.ac.uk/international/visa-information

www.ukba.homeoffice.gov.uk/employers/points/quick-guides-pbs/sponsoringstudents/


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