In this the fourth 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 suspends an education provider from the Register of Sponsors and what punitive action they can take against sponsors.
What happens when a Sponsor Licence is suspended?
Whenever the UK Border Agency has any suspicion that a licensed sponsor has breached the rules and poses a serious threat to UK border control, they will suspend a sponsor’s licence pending a full investigation. One reason for investigation maybe a school or college who has allowed a student to enrol on a course without satisfying the entry requirements; for example, if the student’s English level is below the required level but the education provider sponsors them anyway.
Following notification from the UK Border Agency, any education provider under suspension will be removed from the Sponsors Register. This stops the school or college from sponsoring any new student migrants. No visa letters or confirmation of acceptance for studies reference numbers will be allowed to be issued. If an education provider assigns a confirmation of acceptance for studies or provides a student with a visa letter during their suspension, the UK Border Agency will take further action and the migrant’s application will be refused. Any institution under suspension is still obligated to carry out their duties as a sponsor for current students already in the UK. If the suspension is lifted, the school or college will be re-instated on the Tier 4 Register of Sponsors and will be allowed to sponsor migrant students again. The UK Border Agency may well only allow re-inclusion on the Register with a transitional B rating, with sponsors having a maximum of 12 months to achieve an A rating or be have their sponsor licence permanently removed.
If an institution is suspended, the suspension will apply to all Tiers that apply. For example, some schools and colleges are also registered to sponsor highly skilled workers (Tier 2) as well as students (Tier 4). If they are suspended from Tier 4, the suspension will also apply to Tier 2 and vice-versa.
Any students who are already in the UK and studying with an institution that get suspended will not be affected unless their education provider has their sponsor licence permanently withdrawn. However, the UK Border Agency will not consider any pending applications to enter the UK or to extend permission to stay in the UK until the suspension is resolved.
Any students granted a visa for the UK and their education provider’s sponsor licence has been suspended before they travel, are advised to remain in their home country until the suspension is resolved.
How does the UK Border Agency decide to take action?
The UK Border Agency will make a full assessment of the available facts when deciding what action to take against a sponsor who is suspected of breaking the rules. Unless of course the breach of the rules is so severe that immediate and permanent withdrawal of the sponsor’s licence is the only remedy.
It should also be noted that there is no one size fits all approach to the circumstances that affect the UK Border Agency’s decision to suspend or withdraw a licence, downgrade a sponsor or even take no action at all. As a general rule of thumb, the following factors will be taken into account when the UK Border Agency decides the fate of a sponsor:
- Seriousness: How much harm has been caused by the sponsor’s breach? If the sponsor’s actions or in-actions lead to students going AWOL, the UK Border Agency will take a very dim view indeed.
- Sustained breaches of the rules: Is the education provider’s breach a one-off, part of a pattern of failings or a consistent and sustained record of non-compliance with their obligations as a sponsor under the Points Based System?
- Action taken: Has the sponsor taken any action to minimise the impact of their breach of the rules? For example, the UK Border Agency is likely to look more favourably on sponsors who have regularly and promptly update them about any students who fail to attend classes. Sometimes it is individual members of staff who have caused problems for the sponsor and any action taken against them will be considered by the UK Border Agency. For example, if an employee was responsible for the breach of the rules and they were later dismissed, the UK Border Agency would factor this into their response. But, if the UK Border Agency finds evidence of coercion of staff or a deliberate plan to ignore their actions, severe punitive action will be taken.
- Civil penalties: Any penalties that have been issued to a sponsor or member of staff will also be considered. Civil penalties could lead to a downgrading of a sponsor or even permanent withdrawal of their licence. If the penalty is withdrawn or cancelled on appeal, then it will not be considered.
What process does the UK Border Agency follow when suspending sponsors?
Following an on-site inspection, the UK Border Agency’s Sponsor Licensing Unit will listen to the recommendations of the visiting officer and write to a sponsor detailing any action they are going to take – such as withdrawing the licence or downgrading the sponsor – and the reasons why.
Following first written notification from the UK Border Agency, sponsors will have 28 days to respond in writing to the allegations. This allows education providers the opportunity to submit any evidence or details of mitigating circumstances. The UK Border Agency does not allow oral hearings so any case that an education provider wishes to make must be done in writing.
The Sponsor Licensing Unit will correspond with schools and colleges regarding their submissions and will provide a response to the sponsor within 14 days. The UK Border Agency does have the right to extend this timeframe – they will notify sponsors of this – if the case is particularly complicated or further advice needs to be sought, before making their final decision.
If a sponsor chooses to ignore notification from the UK Border Agency and doesn’t reply within 28 days, the Sponsor Licensing Unit will carry out the recommendations of the visiting officer, without consulting the sponsor. Any school or college in this position will be contacted in writing to explain what action will be taken.
If a Tier 4 sponsor is downgraded or has their licence withdrawn permanently, this will apply from the date the UK Border Agency write to the education provider. This does therefore allow schools and colleges room to still sponsor migrants during the above timeframes by issuing visa letters of confirmation of acceptance for studies reference numbers, however, the UK Border Agency will not decide any applications to enter or extent stay in the UK until the suspension is resolved.
Hi daniel
my girlfriend is currently study in commonwealth law college which is also suspended sponsor license by UKBA, and her visa will be expired the end of March which is 31st March 2010. the question is the college do not want to assign a CAS to her as they said it could not able to issued during the time of suspention. and they unwilling to do anything for her,only told us to change school, but she still got course which will be finished in JULY. so pls help us what can i do.
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Hi Lilizzq
She will not be able to extend her visa as the college will not be able to issue a CAS. She will either have to change college or return home and apply for a new visa.
You could try getting a pro rata refund from the college, but I doubt they would. You should consult the college’s terms & conditions.
What a nightmare of a situation, especially as certificates are involved. But, can I please stress something: don’t leave your visa extension application to the last minute in the future!
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Hi Daniel,
I m student of gateway2uk enroll in postgraduate diploma in business management i got my visa in march 2010 n i travel to uk on immigration they ask me different questions i m not aware that my college got suspended so they allow me to enter n said i have 28days to change my college now can u please guide me how can i change my college well abt gateway2uk i call them but no one is answering the phone i visit their hayes campus but no one is available i guess college is shutdown well i contact few persons here sum said i had to make new application with new sponsor n i had to submit my passport to ukba which takes 90days to paste sticker of new visa untill they not approved my application i m unable to study with my new sponsor that mear ns for next 3months i cant continue my studeies with new sponsor other said if new college issue me cas letter i dont have to make new application as if college issue me cas letter my data get updated on ukba system so i dont need to reapply or make new application i m just fed-up rite now i m in uk and dont know what do do unable to study unable to open an bank account nor college card wat should i do kindly guide me my email addreass is anilnaqvi@hotmail.com kindly reply me asap thanks
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Hi Arif
If a student wants to switch to a new Tier 4 sponsor and their current permission to enter or stay in the United Kingdom is based on an application made on or after 5 October 2009, they must make a new application for permission to stay under Tier 4. This application will need to be supported by a confirmation of acceptance for studies from their new sponsor.
The student must not start their new course until the UKBA have approved their new application. They can leave their original sponsor before the UKBA have decided their new application, but this will be at their own risk – if their new application is refused, they may not be able to return to the course with their original sponsor.
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Sir,
Hi, would like to seek your advice regarding our school OVT COLLEGE who has been suspended recently March 8 2010, my tution fee is 2050 Lbs, i’ve already paid half of that is it true that colleges can increase 35% of our total tution fee in the middle of the year. Is there any specific percentage amount implemented by UKBA regarding tuition fee increase. Do i need to stop my direct debit.
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Hi Rony
You should consult the terms & conditions of your college. I think they are trying to increase your fees becuase your programme spreads over two different years?
I would have thought that you already had a contract, at an agreed price, which is to be paid in installments. I therefore do not think that they can change the value of the contract without your agreement. If in doubt, consult a lawyer, but if the college insists, I think you’d have a case.
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Good Day..
Sir, I would like to seek for an advise regarding my college. When I arrived(feb 26) our college was already a week suspended. I reported just this monday(march7). The college was asking me to pay half of my tuition fee since the college was suspended. I was informed before in my homecountry that when I arrive that I have to pay the whole amount. There’s no problem in paying but I was very reluctant because of the college’s situation/status. They wont allow me to go/attend classes if I dnt pay, I have registered and paid a downpayment. I told them that as soon as their license is back that I will pay the whole amount. What should I do? Do I have to pay the college now even though they’re suspended? Im really confused on what to do. Im looking forward to your advice. Thank you.
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Hi Kristiegrae
You have the pay the college as that is the arrangement you have with them. Check your terms & conditions and I am sure it will say that you must clear any outstanding tuition – or a % – before you can register and you will be confirmed as a student studying at that college with the UK Border Agency.
You could pay with a credit card to secure some protection or better still, have you considered tuition fee insurance? It’s a cheap way to cover against any loss of fees.
What college are you studying at?
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hi Daniel
Thank you for the response.
Unity College is still suspended and as of the moment I am looking for a new college to transfer. Can you be kind enough to advice me on the steps to follow in transferring from one college to another? and can you also advice me any other option to take because until now
I was very reluctant in paying the college (Unity) the amount that they are asking because of their current situation. I have paid a registration fee way back home. I don’t have any problems in paying the amount it’s just that I wanted everything to be alright I even told them that as soon as they got their license back that I will pay the whole amount but they wont allow me to attend classes if I wont pay half of the fees. Do you think they are doing it right? What if they wont get back their license? What will happen to us? It is very stressful on both side specially on the students side.
Thank you so much. Hope to hear from you soon.
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Thank you very much indeed sir.
Very kind of you.
I’d like to study in General English course for a year.
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Dear Sir :
Now I as Mayfair School of English’s student and will be finish course in recently. I still would like to study here but my school is suspended. So I’m planning to enroll a course at Malvernhouse International in London in spite of Tier 4 B rating.
Could you suggest me ?
I don’t really know what the best way to do.
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Hi Pantanaa
I can definitley help you. What course do you want to study? I can help you change to a college which is on the Sponsors Register and has a good reputation? B ratings are OK, but they are transitional in that if an education provider doesn’t achieve an A rating after 12 months, their licence will be permanently withdrawn. Something to bear in mind if you are looking to study for more than a year. My email is: daniel@adviceforyou.org.uk
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My visa was initially refused under tier 4 (student visa), i made appeal and now allowed to enter to uk.ECO asked me to submit the new offer letter from the college. When i contacted the college, they said its under suspension. now what to do? Is it possible to change the college or somthing else. my college name is London college of excellence.
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Dear Sir:
Good day, I’m from the Philippines and my school is Unity College . My lodgement date is December 8 2009. My college was suspended and I want to know when? and there will be an effect on the date of my schooling, which started last Jan, and how does it take for me to wait for the result of the suspension. Thank you very much.
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Hi Lance
Unity College had their sponsor licence suspended on 17 February 2010 – quite recently in the scheme of things.
It can take schools and colleges anywhere from 3-6 weeks to several months to be inspected by the UK Border Agency, for a Sponsor Action Plan to be drafted if needed and to be re-included on the Register.
You should keep checking the master list of college suspensions to see when your colleges suspension is resolved.
Only the college and the UKBA will know for sure. After inspection, 32 days is set aside for correspondence, so it isn’t a quick process. Find out more on the timescales: what happens to my education provider if their licence is suspended?.
Your application will have been placed on hold pending the UK Border Agency investigation.
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hi daniel,thnx for accommodating my concerned.. im from philippines and i believed that this country is not included from the countries been banned last time.
for the school i enrolled is majestic college, been so shocked since it was suspended effective march 1. thats why my papers being stocked since the day i lodged jan 20,2010. would you know how soon their going to reopen? to lift the suspension? thnx
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Hi! i’m a student in Majestic College since Feb. 2009 and my visa will expire on 2012. I’m planning to take my vacation back in my country on September which is summer vacation here. My concern is will i be facing a problem with the immigration at the airport when i come back here in England, knowing that my school is suspended?
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Dear Daniel
I want to know about eCollege London, someone told me that Home office inspected them last week and hopefully the College will be back on list soon.
Regards
Alam
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Hi Alam
It can take schools and colleges anywhere from 3-6 weeks to several months to be inspected by the UK Border Agency, for a Sponsor Action Plan to be drafted if needed and to be re-included on the Register.
You should keep checking the master list of college suspensions to see when your colleges suspension is resolved.
Only the college and the UKBA will know for sure. After inspection, 32 days is set aside for correspondence, so it isn’t a quick process. Find out more on the timescales: what happens to my education provider if their licence is suspended?.
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Hi
Thank you for your help Daniel, your website is very informative and helpful.
God bless you.
Alam
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Dear Sir,
I had got the admission on Jan 15, 2010 in UK HELP4U ENGLISH ACADEMY and submitted my visa application to embassy. On Feb 23, 2010 UK HELP4U ENGLISH ACADEMY’s license was suspended. My visa application still in process. How can I aspect my visa will be refused or will be granted me? UK HELP4U ENGLISH ACADEMY’S license is permanently suspend or temporary? If temporary suspend then when it will be resolved?
Please reply me.
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Hi Murtaza
As your sponsor has had their licence suspended so recently, they probably won’t have had confirmation of an inspection date yet. The college needs to wait to be inspected plus a further 28 days to allow the UK Border Agency to put in writing any complaints or charges against the sponsor. The college will then be given 14 days to respond.
There is no way to know if the UK Border Agency intend to permanently withdraw a sponsor’s licence until the process is completed.
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Hi Daniel
thank u very much for the information u sharing with us.
my question is i came to uk on 28jan 2010 till then my college is suspended from tier 4 and college lisence number is printed on my visa now i want to ask u that if i want to switch to another college what should i do,what is the procedure?i got my visa after 0ct 2009.thanks a lot
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Hi Anas
You would have to make a fresh visa application with a new sponsor.
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hi, im really worried now with my status. i am enrolled in majestic college since sept 2009 and was due for extension in december. so now my passport still with home office waiting for extension but we have been told their license was suspended. can i change college now?
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Hi Lia
You could withdraw your application, change college and apply for a new visa. But, this depends on how much leave you have remaining on your student visa.
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my visa expired on dec 2009 but i have applied for extension since nov when majestic was not suspended yet. now i heard they will be closed and my application still with the homeoffice. can i still change school to get
new sponsor?
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Dear Daniel
It’s a great job you are helping so many students, May God bless you
Regards
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hi, this is janice.. this is about majestic college.. i found out today that effective mar 1 the school suspended. im worrying what the real stand of that school, since the consultancy is not giving the exact info.. and actually, my papers were in the embassy since january 20,2010. til now, the result is not yet release. and now, got abig problem since suspension being granted. pls help me to clear it out. thnx
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Hi Janice
What country are you applying from as there have been bans in some parts of the world on all visa applications.
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I have aplied under tier 4 policy and on the 43rd day after submission of my passport my college has been removed from the list even though it was in “A” rating, what will I have to do now please help me.
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Where are you applying from Danih – is there a reason for a 43 day delay before your college’s licence was suspended?
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dear sir
When I enrolled Access college has a registered in Tier 4
ranking list. and i came and joint the college one week before. after one week my college has been suspended temporarily.but classes one going. I want to know in your own knowledge What is the best option? is it worth wait until the licence will be lifted? or can i continue the course, and can i pay the fee or can i joint any other college Please help me. Iam in confuse
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Hi Shakeer
The suspensions shouldn’t have any affect on your day-to-day experience as a student, unless your college is dodgy.
Where are you studying?
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Hello!
my college has been suspended i just want to know if i can transfer to another school..thanks
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Hi Jeff
You can change your education provider. The procedure you need to follow depends on whether you applied for your visa before or after 5 October 2009.
You should bear in mind that you may not qualify for any refund of your fees.
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thank you for your reply my visa application was after october 5,2009 tell me what will i do next so that i can transfer to another college…. Thank you again
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my college gas been suspended temporarily . I just want to know that how much time approximately it will take when the college will get their licence back or will get permanently suspend.
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Hi Sweety
Every case is different and it does depend on how big the school or college is. It is taking several months for the large colleges and 3-6 weeks for smaller schools to be re-included on the list.
What college are you studying at?
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When I admission in this school. School has a registered in Tier 4
ranking list. I deposited course tution fees and conferm the school
administration and now a days school website still open. Please tell
me the student of this school transfer an other school or not.
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I think you will encounter problems trying to change college whilst they are suspended as they are not obligated to give you a refund of your fees. I assume you’ve paid everything already as you have all the documents you needed for your visa application.
You’d have to check the school’s terms and conditions. Most schools and colleges in the UK will only provide a refund upon receipt of original visa refusal documents.
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Very informative, especially since this is not an issue a lot of people are familiar with…
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Thanks Amanda. I’m really happy to help students caught up in this mess.
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Dear W,
LSC is still in the list of sponsors and a better one. anyway, it would be better you go for that as nobody knows when St. P is coming back to list. best of luck.
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St. Patrick’s Tier 4 suspension lifted 6 March 2010.
Their licence was suspended mid January, so it has taken them around 6 weeks to resolve the issue.
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Thank you for writing with all of us. Your article content are really helping me to discover the reality about education online. I need to keep to this website. Thanks and well done again.
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Thanks Fidela for your comments. Nice to hear that we’re able to help you.
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Dear sirs,
Good day!
I have already my acceptance letter from St. Patricks College.. I’ve learned that the school licence was just suspended. My agent suggested to me to enroll in London college of Commerce.. I want to know in your own knowledge if this school is an UKBA license? What is best option? Do I have to wait for St. patricks licence will be lifted? or I will go for London College of commerce?.. Please help me so I will not be confuse
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Hi Venus
I think it is probably best to wait for your college’s suspension to be resolved before you think about changing.
I don’t think your agent is correct as you will not be able to get a refund from the college. Most schools and colleges in the UK only process refunds in the case of visa refusal.
As of 16 February 2010, London College of Commerce does appear on the Register of Sponsors and has an A rating.
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Dear Sir,
Good day!
I received UK student visa letter dated August 2009. Several months postponed due to my daughter health status. Last November I took medical Labs as usual requisite upon travel abroad til found out TB(+), completely 6 months treatment as supervised by Pulmonologist & medical clearance given after the treatment. While on monthly treatment progress, I informed the agency until medical clearance issued by doctor & went to that agency to re-informed conditions. Lately, I’ve heard & learned Majestic College is suspended & revoke. My agent suggested to take IELTS soon for TIER 2 applications. What shall I do? How can I refund the tuiton fees I sent to the school? Pls help me! Thank u & more power..
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