Following on from a number of questions, much discussion from our readers – and a real concern over lack of information from the UK Border Agency, Embassies, schools and colleges –we’re going to do a series of posts focusing on schools and colleges removed from the Tier 4 Sponsors Register. In this series of posts we’ll cover the following topics (we’ll update the links as the posts are published):

Part 1: The Tier 4 Sponsor System: Sponsor Licences
Part 2: Tier 4 Sponsor Licence Ratings
Part 3: Help, my School or College is suspended from the Tier 4 Register of Sponsors!
Part 4: What happens to my College if its sponsor licence is suspended?
Part 5: My College is Suspended – Will it be blacklisted or lose its Tier 4 sponsors licence?

This post will look at how the UK Border Agency operates its Tier 4 Sponsor Register system, including how schools and colleges are assessed for licences, the differences between an A-rating and a B-rating and will look at the implications of an inspection by the UK Border Agency on checks, processes and systems for a tier 4 sponsor.

How are Applications Considered?

A key role of the UK Border Agency is to thoroughly investigate any institution that applies for a sponsor licence to ensure that only genuine entities are able to sponsor migrants coming to the UK. Any application will be extensively checked and in many cases a member of the UK Border Agency will visit the sponsor’s premises. A simple motto is currently buzzing around the industry: if the UK Border Agency wants to know more, they will know more. Any UK Border Agency inspection official is able to issue on the spot civil penalties and refer more serious matters for prosecution.

The UK Border Agency basis its decision for issuing sponsor licences under the points based system on three major principles:

1. Is the institution a lawful one and fully registered in the UK?
2. Is the organisation and its staff trustworthy? The UK Border Agency will make detailed history and background checks of all and everyone connected to the organisation. Obviously, if any criminal activity is uncovered during this stage, the application for a sponsors licence will fail.
3. Will you be a capable sponsor? In other words, the UK Border Agency wants to know if schools and colleges have proper systems in place to monitor student attendance. This is step will be furthered when the Confirmation of Acceptance For Studies system goes live, as schools and colleges will be required to regularly update a student’s attendance on their record. If the UK Border Agency has any doubts about these processes they may refuse to give a sponsor licence or award a B-rating.

How the UK Border Agency Scores the Inspections

When a school or college is inspected for a sponsor licence, they are assessed in three key areas:

1. Suitability of monitoring systems;
2. Any civil penalties and/or criminal convictions;
3. Any suspicious behaviour or breaking of the rules by the school or college.

For each of the above three criteria, the UK Border Agency will award a score of 1, 2 or 3:

• 1 point – meets all of the criteria.
• 2 points – meets only some of the criteria.
• 3 points – does not meet any of the criteria.

Any civil penalty or criminal conviction found in the history of any member of staff of a sponsor which has access to the Sponsor Management System will receive a score of 3.

What the UK Border Agency Scores Mean

If a school or college receives a score of 1 in each of the categories and there are is no other information to consider, an A-rated licence will be granted.

If a school or college receives a 2 in any category and there is no other information to consider, a B-rated licence will be granted.
If a score of 3 is awarded in any category the sponsor will lose its licence and be removed from the relevant Register of Sponsors.

But Wait, Sometimes a Civil Penalty is OK

Something very interesting to note is that under certain circumstances a school or college could have broken the Tier 4 rules, paid the fine and then be re-graded as either A or B. This seems quite crazy to me to have as a rule of thumb; surely this a school that breached the rules should only receive its licence back under extreme mitigating circumstances, surely? If a school or college receives a B-rating under these circumstances, the UK Border Agency visiting officer will attach an action, usually lasting 12 months, with the sponsor’s progress subject to review every three months.

Related Posts

• Schools Removed From the Tier 4 Register – Will my College be blacklisted or lose its Tier 4 sponsors licence?
• Schools Removed From the Tier 4 Register – What Happens to My Education Provider if their Licence is Suspended?
• Schools Removed From the Tier 4 Register – Help my School or College is Suspended!
• Schools Removed From the Tier 4 Register – Sponsor Licence Ratings
• UK Tier 4 Changes: Two New Announcements