Monthly Archive for February, 2010

In this the last post of our series on schools and colleges removed from the Tier 4 Sponsors Register, we’ll be looking at how the UK Border Agency withdraws a sponsor licence, why they may do so and what will happen to students.

An education provider will have their licence to sponsor student migrants under Tier 4 of the Points Based System immediately withdrawn if any of the following happen:

• The school or college becomes involvement and ceases to operate
• If the school or college loses an accreditation it needs to deliver courses
• If the school or college – or connected person – is issued a civil penalty for employing an illegal worker and they are fined the maximum of £10,000
• If the school or college fails to improve from a B rating to an A rating and/or fails to follow a Sponsorship Action Plan for 12 months or more
• If anyone connected with the school or college is convicted of a criminal offence, the sponsor’s licence would normally be withdrawn :
• Any immigration offence
• Any people trafficking offence
• Any offence which might mean the individual is a risk to immigration control

An education provider can also have their licence withdrawn if they are dishonest in any way to the UK Border Agency – I guess this goes without saying! For example:

• Making false statements when applying for a sponsor licence
• Making false statements about certificate of sponsorship issued e.g. stating a student has paid more fees than they have, issuing completion certificate despite poor attendance, etc
• Offences relating to ability to run a business can also result an education provider losing their licence:
• If any person connected with the sponsor is banned from being a company director
• If any person connected with the sponsor files for bankruptcy
• If any person connected with the sponsor is issued with a civil penalty and fails to pay
• If the education fails to follow any instruction from the UKBA

The above lists of offences that can result in a sponsor having their licence permanently withdrawn are quite varied and widespread. So it does raise the question of what mitigating factors apply when the UK Border Agency makes their decision. We can’t speak for every individual case, but in general terms, if the sponsor’s breach of the rules is down to a rogue employee who was dismissed as soon as management became aware, the education provider is likely to be downgraded to a B rating.