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 2 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? 3 One in five non-EEA students remain in the system five years after first being granted a student visa...... The 2004 cohort – immigration status in 2009, five years after their initial visa, by route Source: Home Office Migrant Journey Second Report 4 .....with India, in particular, standing out. Student visas granted in 2004 and their immigration status at end of 2009 – high volume countries 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 Source: Home Office Migrant Journey Second Report 5 Of those 6% who were still students in 2009 after 5 years in the UK, over half were postgraduates...... Long term students: Study route sample by level of study Source: Home Office Migrant Journey Second report 6 ......with long-term Chinese students generally studying at Universities and Pakistani students at FE/HE colleges Long-term students: Study route sample by type of institution Source: Home Office Migrant Journey Second report 7 Compliance appears to be an issue in privately funded HEI’s .... Students’ compliance by type of sponsoring institution 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% 100% (1.191 respondents) 100% (2,397 respondents) 100% (2,060 respondents) Total Source: Home Office Occasional Paper 90: Overseas students in the immigration system 8 .... but is less of an issue in universities 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 9 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... 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 12 ...and Tier 4 visa applicants were responsible for 13.5% of asylum claims matched to previous applications in 2010 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 13 Students from India and Pakistan are most likely to seek employment in the UK after graduation Likelihood of 2010 graduates to undertake various activities in next 5 years, by nationality Overall China India USA Malaysia Nigeria Canada Pakistan Hong Kong 2010 2010 2010 2010 2010 2010 2010 2010 2010 37% (2,262) 33% 46% 36% 37% 45% 33% 46% 29% 45% (2,305) 32% 55% 42% 51% 54% 33% 63% 41% 49% (2,296) 43% 39% 29% 55% 69% 32% 56% 42% 29% (2,287) 25% 27% 24% 30% 39% 14% 47% 31% Future plans Seek short term employment in UK Seek long term employment in UK Undertake further study in UK Apply for perm. residence in UK Source: Tracking International Graduate Outcomes 2011, i-graduate 14 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. 18 19 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.