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that get suspended will not be affected unless their education provider has their sponsor licence permanently withdrawn.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.
My query is, I recently finished my masters from Centre For Alternative Technology College(www.cat.org.uk) in Wales.When I had enrolled there, they had no requirement of UKBA license to take International students.But now, they need UKBA licence to extend the visas or give post study work letters.They have applied for license and waiting for it and my query is, can i apply for post study work visa stating that UKBA license is awaiting(stage 2).I have called several times to Home offices and had no response from them.Can you please advice me on this issuse asap or can you give me the correct contact name Home office and how can i check whether the college has applied for license or not ???
Thanks in advance,
Regards,
Gopal
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Hi Gopal
Your college should be able to tell you the answer to this question – the UK Border Agency will have provided them will a lot of information as part of their application for a licence.
When you say you have had no response from the Home Office, what exactly do you mean? Have you called the UK Border Agency direct?
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College is telling that they are Bac stage 2 and awaiting for Inspection.i have master’s certificate in hand and can’t apply for psw (really shame on college).
Yes,I spoke to UKBA toll free number.They repeatedly saying one thing, no license no application of visa.
If UKBA is so serious about protecting the genuine students.They should accept student application and extend their visa.Then should fine college heavily..cheaters pay not genuine students.By this colleges will learn lesson and be regular with UKBA.If you leave this colleges like this,they will not change and students be trapped again and again.
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hi daniel,
the work u r doing is really appriciable
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Thanks for the comments, nice to hear.
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hi daniel,
it is your kindness because you are so generous man and also good thinker, rather, I should say, we are lucky to get you. Like all of them I have a question that is if the college is suspended permanently and college won’t tell me then how could I know about this.
After withdrawn college how much time will be given home office to change the other college.
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Hi Kabir
Thanks for your comments and kind words. I’m glad to be able to help anyone who has been caught up in all this mess.
The UK Border Agency is supposed to contact you if your sponsor’s licence is permanently withdrawn. They will use the contact details you provided them when you made your application, so make sure to keep them active.
You will have either 60 days or up to 6 months from when their licence has been withdrawn to change sponsor.
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hi daniel,
because my college is suspended until now, and I need to extend my visa ’cause it running out soon! (till July 4, 2010). I have to find a suitable college, should I only enroll to the college that is highly trusted?? I will enroll NVQ health and social care..Do you think if I enroll to a college that is A-trusted rating, will they refuse my visa application?? How about the college that wants a full payment to the course, is it right?
Many thanks
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If you are planning on studying a course that has any kind of work placement (which many NVG courses do), you will have to apply to a Highly Trusted Sponsor, or an A rated sponsor who has applied for Highly Trusted status.
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Hi,
is it true that if the students sponsor license been revoked they will only be given 2months by the UKBA to find another college or else they will be deported?
Thanks
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Migrants will be given either 60 days or a maximum of 6 months to change sponsor.
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I AM VERY DISAPPOINTED ABOUT THE ACTION OF UKBA.IF LONDON COLLEGE OF BUSINESS AND MANAGEMENT IS NOT A GOOD COLLEGE.HOW THEY PUT ON THE LIST OF TIER-4 A RATING.WHY WE LOST MONEY AND VALUABLE TIME DEPANDS ON THE LIST OF TIER -4 LIST?
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I agree with you; the UK Border Agency has a lot to answer for – why did they give all these dodgy colleges A ratings in the first place?
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dear mr daniel,i m awaiting for ur reply
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Hi Daniel,
I am studying in Leeds professional college.My college is suspended.I have been told to leave uk in 60 days,
My visas run out in october 2010.The classes are been conducted as usual.
I am confused as to what should i do should i continue to carry on my course or should i change to new college.
But the problem is if i change to new college they will not take me now as the enrollment would start in september.So what am i supose to do.So if i dont do anything i would have to leave in 60 days.
If i enroll myself in new college it will be half way through the course.
Very very confused.I am interested in taking a new course but can i do that.If i can then should i apply to home office for visa
Please advise.
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when did new london college remove from suspension and send me about deatial
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hi,
My college has been removed from UKBA list last March 8, my visa will run out 1st wk of July. I am on NVQ Health and Social Care Course, is it possible that if I transfer to another college I can also transfer to another course like English Course? My visa is not under Tier 4..My College said that our school is not suspended but obviously it is, because it is not on the UKBA list.. Do you think I should make a move now! and find another college?
Your advice will be a big help.. Thank you very much!
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Hi Nilo
You won’t be able to extend your visa whilst your sponsor’s licence is suspended so perhaps you should change college?
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hi mr daniel.please give me a suggestion.read my previous feedback
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dear Daniel,i m currently studying in renaissance international college.i came to uk on 28th january2010.my college was suspended on 11th february.its already 2 months over.i m studying certificate in travel tourism and hospitality management.my visa will be expired on june2011.still my college is suspended.but college authority saying that college will come back soon.i have my tution fees due 1400 pounds.my college pressure me to pay that due tution.but its already 2 month college is suspended.should i pay my due tution??also they r telling me if i dont pay they will report to ukba.what can i do now??do u think my college will come back??
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Hi Giash
What’s the level of the course that you are currently studying?
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my course level is NQF 3.course duration is one year.please advice me what can i do now.also my college forcing me to pay my due tution fees 1400.they said if i dont pay within 3 rd may they will report to UKBA.should i pay tution fees??there college is out of UKBA list.they can report to ukba??
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What is the name of the college?
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my college name in renaissance international college.please let me know what should i do now??how i will kn that my college permanently suspended or not?
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you should not have paid your college because they will never be able to report u to the ukba as they are not allowed to report a student concerning payments not made.. that was between u n the college.. ukba would not interfere concerning payments.. and the colleges are not allowed to enrol students for certificate courses unless you have been enrolled for both certificate and diploma courses.. certificate only is not allowed..
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I reached Manchester on the 30th of March and was informed by immigration officail that my college has been temporarily suspended and she told me that i may have to go back to apply fresh visa for U.K. if the college gets blacklisted.
I want to know whether its true and if it is so then is there any possibility that i dont move back to my home country for applying visa again and can apply from here in U.K. as it will save my time and money.
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Hi Shakaib
If your current sponsor’s licence is withdrawn, your permission to stay in the UK will be limited to 60 days. You will be able to find a new sponsor during this time.
Keep me posted on your situation shakaib.
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Hi,
I am doing my MBA form Rayat London College, and this college has been suspended in Jan’10. My husband wants to apply for a dependent Visa, so can he apply for thet, as college is still suspended.
and please tell me what is the process of changing sponser.
Thanks
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Hi,
Any information regarding Cheltenham Ladies’ College since I cannot find her name on the “Register of Sponsors Licensed Under the PBS”? Do you know the reasons why her name still not be included on the list?Is it still in the inspection process? And do you know when will the process end?
Thanks a lot.
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Hi KeiKei
It appears on the Register as The Cheltenham Ladies’ College and has an A rating.
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hi daniel,
I applied for my student visa extension last January when my school is not yet suspended. My visa expired first week of March, because of this suspension I am worried about my extension, I am still waiting for the decision. Please tell me what to do. What if it is refuse, what would be my next move? Obviously I ran out of visa but that is not my fault. If I was refused, can I still enrol to a another school?
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===>> what will happen to the students if the sponsors license will be revoke? can they transfer to another school?
===>> also, if the student took up NVQ course and the sponsors license is revoke can they take up another course? thank u…
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HI DANIEL,
I AM A STUDENT OF NORTH LONDON COLLEGE OF BUSINESS STUDIES. MY COLLEGE HAS ALREADY SUSPENDED.I AM A STUDENT OF POST GRADUATE DIPLOMA.I HAVE GOT VISA ON 10TH SEP09 AND IT WILL BE FINISHED ON 30TH JUNE 2011. NOW I WANT TO CHANGE MY COLLEGE. SO WHAT SHOULD I HAVE TO DO RIGHT NOW? PLZ LET ME KNOW ABOUT THIS.
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hi my name is krizyl!
I am currently enrolled in Trans- Atlantic College and I’ve learned that the school was suspended. I just want to ask if how long will the UKBA decide for the school suspension to be lifted?.
thank you!
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Hi Krizyl
The college’s licence was suspended on 8 March, which is pretty recent. I doubt they have been visited by the UKBA yet, but they may well be soon.
Once they’ve been inspected, we should hear something no more than 32 days after. If a decision takes longer, it may not necessarily be a bad thing, but bear in mind that there are colleges whose licences have been suspended for many months now, which maybe a bad sign.
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Hi there Daniel…
Such a nice advices of you ..thank you.
I have a querry that I m studying in Hamilton College London n I m student of PGD and my course is finishing by September-10. The college is running smoothly, the classes are going properly, n there r proper examinations but the college is suspended from the Tier 4 list. What happens if i complete my PGD n the college still remains suspended. Can the college issue me the certificate of the awarding body n will I get the addmission in University in Masters Programme as mentioned on my visa letter.And can i travel to my country and back if the college is suspended.
Thanks n Regards,
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Hi Chaudry
I’m not sure on the rules surrounding certificates, but a suspension of a sponsor licence is an immigration issue, not an examination issue. I think that their licence to sponsor new student migrants will not prevent them from issuing certificates to students currently in the UK – in fact, as part of their suspension, colleges have to continue to carry out their duties for students already studying and in the UK. You could speak to the awarding body your self to be sure.
The UK Border Agency advises students not to travel if their sponsor’s licence has been suspended – you run the risk of trouble with the Entry Clearance Officer when you return to the UK. Many people have chosen to travel and the results have been mixed: some have come back with no problems, others have been sent home and had their visas cancelled. If you really do have to travel then at the very least you should get a letter from your college confirming your absence and the reasons, but again travel is at your own risk and you could even seek legal advice given the circumstances.
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Thank u So much Daniel for your wonderful advice…
One more question in this regard that in case of College Licence suspended can my spouse still apply for visa to UK under the students dependents category or have to wait for the college licence decesion…
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Hi,
Any info regarding the status of the appeal of Majestic College or the status of teh school itself? coz the administrators isn’t giving us enough info with that matter. and do we still have to pay tuition fees even if the school is suspended?
thanks
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Hiya
My cousin has recently enrolled at Unity College which is now suspended- what should we doing – do we await an outcome or change her college- thanks for any advise in advance
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Hi Salina
See my other reply.
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Dear Daniel,
I am a student of Lincolns Group of Colleges (Manchester Campus). Their license has been suspended 6 months ago, in the first week of October 2009. I am very confused as my extension is due in the Mid of April 2010.
Can you please advice what should I do:
1) Should I still send my visa extension from the Suspended college or
2) Change my college and go to a new college.
Are there any signs of getting the license back for Lincolns Group of colleges (both London and Manchester) as it been 6 months now.
Please advice.
Thanking you in anticipation.
Kind Regards,
Ismail Iqbal
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Good day daniel! my school is being suspended now for 3 weeks and im a bit worried that they might revoked their license,in that case is it alright to look or enroll in other school this soon? And if i enroll in the other school im i now on a new system TIER 4?im still holding a visa type of STUDENT VISA (old system), will expire on nov.
thank you.
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Hi Cookie
3 weeks is not a long time at all in the grand scheme of things. Where are you studying? How you change sponsor under Tier 4 depends on when you got your visa – before or after 5 October 2009.
If you apply for a new visa soon or renew your current visa, you will then be subject to the new rules implemented 3 March 2010.
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Hi Daniel
I have been reading your threads and not sure if this is the right method of appraoching you. My cousin has recently arrived from india and enrolled at Unity College- which is now suspended- please advise what steps we should be taking?
Thanks,
Salina
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Hi Salina
As I understand it, your cousin is already in the UK and will soon be starting their studies? In that case you should await the outcome of the suspension. If your cousin’s sponsor has their licence permanently withdrawn, they should have time to change college. But right now, as they are already in the UK, they should continue to attend class and complete work as required.
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Hiya Daniel
Thanks for your prompt reply. My I have advised my cousin as above- thanks for your help..hopefully these college’s will come back on- it is very unfair to all these people that have paid thousands in tuition fees.
Please keep me updated re Unity College.
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Could anyone tell me what is happening with ecollege London?
The college won’t give me any information and I don’t know if hey are still suspended or not.
Thanks
Manu
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Hi Manu
What do you mean they won’t give any information at all. What kind of responses have they given when you’ve asked them?
As of 12 March 2010 their licence is still suspended. What’s your situation – waiting for your visa, paid the college? etc etc
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Hi.
I am a student at the college, I study Acca, so I have my Visa with them and am fully paid up.
I only found out that the Visa was suspended from classmates, the college didn’t inform us. Since then, we have asked about the situation and just been told that the licence was suspended because we changed campus. We knew this couldn’t been true. They keep telling us to check teh UKBA website, but that’s all the information we can get from them.
TO be honest, it makes me think that the outcome is not going to be positive.
Any information would be greatly appreciated, and advice.
Thank you so much
Manu
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Daniel,my college london college of law and management has been inspected 16 february,now how long uk ba will take for their decision.
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Hi Monty
After an inspection, the UK Border Agency will write to the sponsor explaining what they have discovered and any action they will take. The sponsor is also given time to respond to the UK Border Agency’s correspondence. This can take 32 days.
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