Guidance

Sponsorship duties (accessible)

Updated 8 November 2024

Version 07/2023 - This guidance is to be used from 17 July 2023

This guidance covers:

• Sponsorship duties

• The Sponsorship Management System (SMS) and Confirmation of Acceptance for Studies (CAS)

• Courses

• Assigning a CAS

• Working while studying

• Reporting changes

• Maintaining Educational Oversight

• Reporting changes to an institution

• Annual licence activities

• Renewing a Student sponsor licence

• Surrendering your licence

Please also see the other Student Sponsor Guidance documents:

• Document 1 - ‘Applying for a Student sponsor licence’

• Document 3 - ‘Student sponsor Compliance’

• Document 4 – ‘Higher Education regulatory reform’.

Changes since last publication

Current paragraph number	Previous paragraph number	Changes made
3.12	3.12	Additional wording covering best practice for early completion notifications within 2 week variance of CAS course end date.
3.27	New Paragraph	Added CAS requirement for denoting whether a course is research or taught.
5.82	New Paragraph	Added CAS requirement for denoting whether a course is research or taught, plus definition of “Research-based higher degree”.

1. Introduction

1.1 This is Document 2 of the Student Sponsor Guidance, which sets out the requirements for education providers wishing to apply for, and hold, a licence to sponsor international students to come to the UK under the Student and Child Student routes. Document 1 covers applying for a Student sponsor licence, Document 2 covers sponsorship duties, Document 3 covers compliance assessments and sanctions for non-compliance, and Document 4 covers the effect of Higher Education regulatory reform on Student sponsors. Sponsors, and education providers who would like to apply for a Student sponsor licence, should read all four documents and ensure they understand them and comply with them.

1.2 All references to Students and Child Students in this guidance must be read as including those applying for, or who were granted leave, under the previous Tier 4 (General) and Tier 4 Child) routes, as applicable.

2. Sponsorship Duties

This section gives information on:

• Guiding principles

• Duties

• Specific record-keeping duties

• Specific reporting duties

Guiding principles

2.1 Sponsorship is a privilege and not a right. Sponsors benefit directly from migration and are expected to play a part in ensuring that the system is not abused. Sponsors must therefore fulfil certain duties, in order to ensure that immigration control is maintained. Providers must be able to show that they can fulfil, and are fulfilling, these sponsor duties in order to gain and retain a Student sponsor licence.

2.2 Sponsors have responsibilities in respect of their sponsored students from the moment they assign a CAS to the student until:

• they withdraw sponsorship from the Student;

• the Student leaves the UK; or

• the Student is given permission to stay in the UK with a different sponsor or in another immigration category.

Duties

2.3 A sponsor has a duty to:

• act honestly in all its dealings with the Home Office. For example, a sponsor must not make false statements, and must disclose all relevant information when it applies for a Student sponsor licence or assigns a CAS;

• act with integrity as a genuine education provider;

• take responsibility for all its sponsored students while it is sponsoring them, including by doing all it can to ensure that prospective students are genuine students who can comply with the Immigration Rules, and that students enrol, comply with their conditions of leave, and see their course through to completion;

• ensure that concerns about the conduct and integrity of Students and Child Students are treated consistently with other students, including taking appropriate action where students are found to have used deception to gain advantage in their studies;

• comply with all aspects of the Immigration Rules and sponsor guidance, and support immigration control, including by taking steps to ensure that every student at their institution who is subject to immigration control has permission to study in the UK throughout the whole period of their study;

• co-operate with the Home Office by allowing its staff immediate access to any of its sites on request (whether or not visits are prearranged) and complying with requests for information, including in connection with the prevention or detection of crime, the administration of illegal working civil penalties and/or the apprehension or prosecution of immigration offenders; and

• ensure that its website and any marketing material accurately reflects its current Student Sponsor status.

Specific record-keeping duties

2.4 Sponsors must keep all of the documents listed in Appendix D: keeping documents guidance for sponsors (which is separate to this guidance) in accordance with Appendix D, storing them as paper copies or electronically. Sponsors are not required to keep original passports; these should be returned to the student once the necessary pages have been copied. It is illegal for passports to be retained for any purpose.

2.5 You must provide UKVI with any document listed at Appendix D, or any document relevant to the running of your organisation, if UKVI ask to see it at any time. Documents requested by UKVI which are not in English or Welsh must be accompanied by a certified translation. The translator’s credentials should be given, along with their official declaration that the translation is accurate.

2.6 UKVI may ask a sponsor to complete a spreadsheet showing the details of each of its Students and/or Child Students and their attendance. If requested, this must be sent electronically to UKVI within 21 days of the date of the request, providing all the information requested.

2.7 UKVI may also ask a sponsor to complete a spreadsheet showing the details of each of its Students and/or Child Students and their current addresses, including information on the proximity of their residential address to the sponsor’s teaching site. If requested, this must be sent electronically to UKVI within 21 days of the date of the request, providing all the information requested.

2.8 Sponsors of a child under the age of 18 must keep a copy of the letter from the child’s parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child. This should consent to the arrangements for the child’s application, travel, reception and care arrangements in the UK. Children aged 16 and 17 have the legal right to live independently in the UK, and may make their own arrangements for accommodation, but they need the consent of their parent(s)/legal guardian to do this and to travel to the UK (if applying from overseas).

Right to Study Checks for EEA nationals

2.9 The normal policy set out in Appendix D on checking documents applies to all sponsored students, including those from the EU and EEA. From 1 January 2021, EU and EEA nationals entering the UK to study, who are not eligible for the EU Settlement Scheme will need permission on the Student or Child Student routes.

2.10 We expect sponsors to start checking, from 1 July, that unsponsored EU and EEA nationals who enrol on a course of study on or after 1 July 2021 have an immigration status that allows them to study in the UK subject to Covid-19 concessions on record keeping.

2.11 Sponsors can accept Certificates of Application (CoA) to the EU Settlement Scheme as evidence to confirm that unsponsored EU and EEA nationals, or joining family members of an EEA national, have the right to study in the UK. The CoA should confirm receipt of their valid application under the EU Settlement Scheme.

2.12 We do not require sponsors to retrospectively check whether unsuspended EU or EEA students who enrolled before 1 July 2021 have an immigration status that allows them to study. In these cases it is the responsibility of the individual concerned to ensure they have the correct status and we will not take compliance action against a sponsor who has enrolled such an EEA student before date 1 July 2021 where the student has failed to obtain the correct permission.

Specific reporting duties

2.13 A sponsor has a duty to notify UKVI if:

a. it becomes aware that any of the students it is sponsoring has been granted leave with the incorrect conditions of stay, for instance if they have mistakenly been granted permission to work;

b. anything it has reported through the SMS is incorrect, explaining why it is incorrect;

c. if there are any changes to a Student or Child Student’s circumstances (please see Reporting changes to student circumstances); and

d. if there are any changes that affect its Student sponsor licence (please see Reporting changes to an institution).

2.14 A sponsor must report on all Students and Child Students that it is sponsoring, including when they are:

a. On a course (including a pre-sessional course or a study abroad programme) at a partner institution or at another institution under an exceptional arrangement; or

b. Doing a work placement that is part of their course.

2.15 A sponsor must also provide details of any third party, in the UK or another country, which has helped it to recruit students.

2.16 Further information on reporting duties can be found at Reporting changes to student circumstances and Reporting changes to an institution.

Specific child safeguarding duties

2.17 A sponsor which sponsors children to study in the UK under the Child Student route must ensure that:

• appropriate policies and procedures are in place to ensure the safety, wellbeing and protection from exploitation of the children which it sponsors

• where a Child Student is living in the UK in accommodation that was not provided by the sponsor, their living arrangements meet the requirements of the route

• sites at which children will be taught or accommodated meet all legally required standards for those purposes

• all staff who come into contact with the children have a current enhanced Disclosure and Barring Check (England and Wales), Protecting Vulnerable Groups Scheme (Scotland) or Disclosure and Barring Check (Northern Ireland)

3. The Sponsorship Management System (SMS) and Confirmation of Acceptance for Studies (CAS)

This section gives information on:

• Your Sponsorship Management System (SMS) account

• Confirmation of Acceptance for Studies

• Key points you need to know about sponsoring students under the Student and Child Student routes

What is the Sponsorship Management System (SMS)?

3.1 When we grant your Student sponsor licence, we also set up your Sponsorship Management System (SMS). This is an online tool which lets you carry out day-to-day sponsorship activities and report any changes. You will also use it to assign Confirmation of Acceptance for Studies (CAS) to students who wish to come to, or stay in, the UK to study, and to fulfil your reporting duties for your sponsored students.

3.2 We call a person who has access to the SMS a ‘user’. The SMS allows users two levels of access – ‘Level 1’ and ‘Level 2’. The level decides the type of access (permissions) the user has to the system and the functions they can perform. Please see the section titled ‘Key Personnel and others involved with your organisation’ in the ‘Applying for a Student sponsor licence’ guidance.

3.3 To maintain security, we will:

a. send the user name for the Level 1 user to the authorising officer by email unless, the Level 1 user is also the authorising officer and in which case we will send it by post; and

b. send the password directly to the Level 1 user by email.

3.4 Your SMS account is also the primary source of information about your sponsor licence and you can use it to view details such as your current organisation and Key Personnel details, the number of CAS you have remaining in your allocation and your allocation expiry and licence end dates. Your SMS account also has a message board where we post useful messages from time to time. It is important that you access your SMS account on a regular basis to review and update your licence details. We recommend that your Level 1 user accesses your account on at least a monthly basis.

3.5 SMS users must never give their password to anyone else. If they do, we will take action against you. This may include reducing your CAS allocation to zero and temporarily removing you from the Register of Student Sponsors, or revoking your licence.

3.6 You can access the SMS on our website at https://www.points.homeoffice.gov.uk/gui-sms-jsf/SMS-001-Landing.faces

3.7 You can also find some helpful guides on our website that explain:

a. changes that you can report using your SMS account; and

b. how to assign a Confirmation of Acceptance for Studies (CAS).

3.8 You can find this information located on our pages on the GOV.UK website using the following link: https://www.gov.uk/government/collections/sponsorship-information-for-employers-and-educators

3.9 You must have at least one Level 1 user in place throughout the life of your licence. If we find that you have no Level 1 user in place, you can’t fulfil your sponsor duties and we will take action against you. We will also take action against you if you have no SMS users in place at all. Please see the section titled ‘Key Personnel and others involved with your organisation’ in the ‘Applying for a Student sponsor licence’ sponsor guidance.

What is a Confirmation of Acceptance for Studies (CAS)?

3.10 A CAS is not a paper certificate or document but a virtual document, like a database record. When you have followed all the rules set out in this guidance and you are ready to sponsor a student under Student or Child Student routes you must assign a CAS to them using your SMS account. This involves working through a short online form where you give information about the student you want to sponsor and the course of study they will follow. For more information on how many CAS you will be able to assign, please see the section titled ‘Confirmations of Acceptance for Studies (CAS) allocations’ in the ‘Applying for a Student sponsor licence’ sponsor guidance.

3.11 You must complete all the relevant details in the SMS, for example the student’s personal details, course level, start and end dates, and information about fees. Complete the ‘evidence provided’ section in detail. This includes:

a. Stating how you assessed the student’s English language ability, when this is required.

b. Explaining how you assessed the student’s ability to follow the course.

c. Explaining how the course represents academic progression when this is required, including for students applying in the UK who come under the differentiation arrangements.

d. Stating the course fees and how much the student has paid towards their fees.

e. Giving the required details for gifted university students.

3.12 We recognise that sponsors’ academic schedules can change, and that it may therefore be difficult for you to pinpoint the end date of a course precisely when assigning a CAS. If changes to the academic timetable means that the student’s course finishes one or two weeks earlier or later than the course end date given on the CAS, this will not be considered as non-compliance with sponsorship duties. However, if there is evidence that a sponsor repeatedly gives course end dates that are significantly later than students are expected to complete their studies, that will be considered to be a breach of sponsorship duties. Further, it may be considered best practice to continue to make SMS notifications on change of student circumstances where course end dates have changed within the two week range, as the course end date informs when a Student is permitted to switch into work routes.

3.13 All the information you enter will be stored and can be viewed by us. A CAS can only be assigned by a person who has access to the SMS as a Level 1 or Level 2 user.

3.14 You are fully responsible for the actions of anyone who assigns CAS on your behalf. If you break any of our rules on assigning CAS we will take action against you. If we find that you employed an illegal worker because you have negligent staff recruitment practices, we may also issue you with a civil penalty. If we find that you have knowingly employed an illegal worker we will refer the case for prosecution.

3.15 When you assign a CAS, you must give the unique reference number to the student to use when they apply to us. Give the student the CAS details too, such as information on the qualifications you assessed. This will help them with their application for a visa. The CAS is valid for six months from the date you assign it. However, it does not guarantee that we will grant the student a visa following any application.

3.16 Treat the CAS number as a secure and confidential document. Make sure you send it securely and directly to the student personally because others could try to use it to apply for permission to come to or stay in the UK.

3.17 The student may ask for other information that was part of the process of generating the reference number. You can give the student a copy of their CAS and there is a function within your SMS account to print any CAS you have assigned. You can do this by using the ‘view CAS’ function, where you can open the CAS and choose ‘print’. More information on how to use this function can be found in the SMS user guide available on our pages on the GOV.UK website using the following link: https://www.gov.uk/government/collections/sponsorship-information-for-employers-and-educators

3.18 Once you have assigned a CAS, it can be used by the student to support their application at any time during the six month period from the date it was assigned. If the student does not use the CAS within this period, it will expire and show as ‘expired’ in your SMS account.

3.19 A CAS can only be used to support one application, whether or not that application is successful. If the student’s application fails and they wish to reapply, you must assign a new CAS to them to send in with their new application. They will not need a new CAS if their original application was rejected or withdrawn.

3.20 If the student’s application is rejected as invalid or withdrawn by the student, the CAS will still show in your SMS account as ‘assigned’ which means it can be used again to support a further application.

3.21 Assigning a CAS does not guarantee that the student will succeed in being granted entry clearance or permission to stay. They must meet all the criteria of the Student or Child Student route (as applicable). Before you assign a CAS, you should ensure that the student will meet the requirements for entry clearance or permission to stay. You can find details of these on our pages on the GOV.UK website using the following link: https://www.gov.uk/government/publications/points-based-system-student-route

3.22 Students who are applying for the Graduate route after successfully completing an eligible course of study are required to provide the CAS number issued to them for their Student application (including Tier 4) for permission to study that course. If a student requests their previous CAS reference number to make a Graduate route application, you should provide them with that CAS number.

Key information on sponsoring students under the Student and Child Student routes

3.23 All students who wish to come to the UK under the Student and Child Student routes must obtain a visa before they travel. Students who are already in the UK on the Student or Child Student routes (including students who hold Tier 4 visas) can apply for permission to stay in the UK under the Student or Child Student routes, provided they meet the academic progression and other requirements of the route.

3.24 Students cannot apply for entry clearance or permission to stay without a CAS. When you give a student an unconditional offer of a place on a course, you will issue the CAS using the Sponsorship Management System. For details of the Sponsorship Management System, see the section titled ‘What is the Sponsorship Management System (SMS)?’

3.25 Students can:

• apply for entry clearance from outside the UK up to six months before the course start date

• apply for permission to stay on the Student or Child Student routes up to three months before their course starts.

3.26 Students applying for permission under the Student or Child Student routes must meet the requirements of Appendix Student or Appendix Child Student of the immigration rules, as applicable.

3.27 Students who are sponsored by a HEP with a Track Record of Compliance are able to bring dependants if their course meets the requirements set out in paragraph ST 31. of Appendix Student. In support of this you must indicate in the relevant place on the CAS whether any course at RQF level 7/SCQF level 11 or above is a PhD, doctoral qualification or a research-based higher degree. This will be done via the Academic Course Level field as follows:

RQF_7 / SCQF_11 will denote a ‘taught’ course

RQF_7_Research / SCQF_11_will denote a Research course

RQF_8 / SCQF_12 will denote a ‘taught’ course

RQF_8_Research / SCQF_12_will denote a Research course

Care arrangements for children

3.28 Sponsors who recruit a child under the age of 18 must ensure suitable care arrangements are in place for them in the UK. This must include arrangements for their:

a. travel;

b. reception when they arrive in the UK; and

c. care while in the UK.

3.29 The maintenance requirements for a Child Student depend, in part, on:

a. their care arrangements; and

b. the location of the independent school at which they will study.

3.30 All arrangements for a child’s care and accommodation in the UK must comply with relevant UK legislation and regulations. You can find information on the regulations and national minimum standards at:

a. Accommodation of students under 18 by further education colleges: national minimum standards, inspection regulations: http://webarchive.nationalarchives.gov.uk/20071001175105/dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_4005629

b. Boarding schools: national minimum standards, inspection regulations: https://www.gov.uk/government/publications/boarding-schools-national-minimum-standards

c. The Education (Independent School Standards) Regulations 2014: http://www.legislation.gov.uk/uksi/2014/3283/contents/made

d. Residential special schools: national minimum standards, inspection regulations: https://www.gov.uk/government/publications/residential-special-schools-national-minimum-standards

3.31 Where you receive an inspection from the relevant Educational Oversight body that finds that you are not meeting the regulations or national minimum standards referred to above, you will be subject to restrictions on assigning CAS. This will not apply where the failure relates solely to a minor fault. Any restriction will remain in place until you receive a satisfactory report following a further visit or until such a time as the Educational Oversight body or the Department for Education confirms in writing that any issues identified by the relevant body have been addressed and that you have been returned to the normal inspection cycle.

3.32 If a child student will be cared for in a private foster care setting, the sponsor must give the local authority in whose area the child will live the following details, as soon as they become aware that the child has arrived in the UK or, if the private care arrangement begins when the child is already here, as soon as they become aware of the change:

a. the name of the foster carer; and

b. the address where the foster carer and the student will live.

3.33 If you fail to do this, we will immediately revoke your licence.

3.34 If a child student will be cared for by their parent who has permission under the Parent of a Child Student route, the sponsor must notify UKVI through the SMS within ten working days if there is any change in the care arrangements for the child. If the child student is 16 or 17 years old and will be living independently, the sponsor must submit a letter from the Child Student’s parent or legal guardian confirming they consent to their child living independently in the UK. If the child student will be residing with a resident British citizen or other UK resident who is a close relative or in a private foster care arrangement, the sponsor must submit the additional evidence for the new care arrangement on behalf of the child student, as set out in Appendix Child Student of the Immigration Rules.

3.35 A student aged 16 or 17 has the legal right to live independently in the UK, and may make their own accommodation arrangements. However, when a 16- or 17-year-old applies under the Student route they must have their parents’ permission both to travel to the UK and to live independently. For more information, see paragraph ST 21 in Appendix Student of the Immigration Rules.

4. Courses

This section gives information on:

• Course types allowed for Child Students

• Course types allowed for Students

  • Level of course

  • Full-time course

  • Part-time course

  • Approved qualification

  • Pre-sessional courses

  • Courses which require an ATAS Clearance Certificate

  • Postgraduate Doctors and Dentists

  • Doctorate Extension Scheme students

  • Postgraduate Students (Writing up Thesis)

  • Student Union Sabbatical Officers

  • Gifted university students

  • Supplementary study

Course types allowed for Child Students

4.1 Child Students can study courses which are:

a. taught in line with the National Curriculum;

b. taught in line with the Regulated Qualifications Framework (RQF);

c. accepted as being of equivalent academic status by Ofsted (England), or the appropriate bodies in the devolved nations, including the Education and Training Inspectorate (Northern Ireland), Education Scotland (Scotland) and Estyn (Wales); or

d. taught in line with the prevailing inspection standards for independent school education.

4.2 You can also assign a CAS to a Child Student to undertake a pre-sessional course to prepare them for their main course of study.

4.3 You must assign a CAS for each separate course of study the Child Student will take. A ‘course’ of study is, for example, the period of study for GCSEs or A-levels. You cannot assign a single CAS that covers both GCSE and A-level studies.

Course types allowed for Students

Level of course

4.4 Please see the table below for details of the level of courses you can assign a CAS for.

Minimum level of study for which a CAS can be assigned:

Probationary Sponsor

• Regulated Qualifications Framework (RQF) Level 4 or above in England, Wales and Northern Ireland (or level 7 or above in the Scottish Credit and Qualifications Framework (SCQF) by the Scottish Qualifications Authority (SQA))

• RQF Level 3 or above in England, Wales and Northern Ireland (or Level 6 or above in the SCQF by the SQA)

• RQF Level 3 or above in England, Wales and Northern Ireland (or the equivalent in Scotland) if the applicant is under the age of 18

• Level B2 of the Common European Framework of Reference for Languages (CEFR) for English language students.

Student Sponsor

• Regulated Qualifications Framework (RQF) Level 4 or above in England, Wales and Northern Ireland (or level 7 or above in the Scottish Credit and Qualifications Framework (SCQF) by the Scottish Qualifications Authority (SQA))

• RQF Level 3 or above in England, Wales and Northern Ireland (or the equivalent in Scotland) if the applicant is under the age of 18

• Level B2 of the Common European Framework of Reference for Languages (CEFR) for English language students.

4.5 We will take compliance action against you if you assign a CAS for a Student to take courses that do not meet our minimum level. This only applies to the Student’s main course of study. Supplementary study can be at any level.

A CAS cannot be assigned for courses below RQF level 3.

Full-time course

4.6 The course must be full-time, which we define as:

a. a full-time course of degree level study that leads to a UK-recognised qualification at level 6 or above on the RQF or equivalents;

b. an overseas higher education course that the student is studying for in the UK and leads to a qualification from an overseas higher education institution that is recognised as being equivalent to a UK higher education qualification; or

c. a full-time course of study below UK degree level that involves a minimum of 15 hours a week of classroom-based, daytime study (08:00 – 18:00, Monday to Friday.). Scheduled breaks do not count towards the 15 hours.

4.7 Vacation periods, including those between academic years, should be reasonable and broadly consistent with those at publicly funded institutions. Disproportionately long vacations may be considered immigration abuse.

Part-time course

4.8 The course can only be offered by an HEP with a track record of compliance and must be a part-time course of above degree level study that leads to a UK-recognised qualification at level 7 or above on the RQF or equivalents.

Approved qualification

4.9 The course that you assign a CAS to a student to take must lead to an ‘approved qualification’. An approved qualification is one of the following:

a. Validated by Royal Charter.

b. Awarded by a body that is on the list of recognised bodies produced by the Department for Education: https://www.gov.uk/recognised-uk-degrees.

c. Recognised by one or more recognised bodies through a formal articulation agreement with the awarding body.

d. In England, Wales and Northern Ireland on the Register of Regulated Qualifications (http://register.ofqual.gov.uk/) at RQF level 3 or above.

e. In Scotland, accredited at level 6 of above in the Scottish Credit and Qualifications Framework (SCQF) by the Scottish Qualifications Authority.

f. An overseas qualification that Ecctis can assess as valid and equivalent to level 3 or above on the RQF.

g. Covered by a formal legal agreement between a recognised body and another education provider or awarding body. (For additional information please see paragraph 4.11 below).

h. An aviation licence, rating or certificate issued in accordance with EU legislation by the UK’s Civil Aviation Authority.

i. Where the course is being delivered under a partnership between an HEP and a research institute, the course must be accredited at Regulated Qualifications Framework (RQF) level 7 or above, or accredited at Level 11 or above in the Scottish Credit and Qualifications Framework (SCQF) by the Scottish Qualifications Authority.

4.10 For the purposes of subsection (c) above, an articulation agreement is a process whereby all students who satisfy academic criteria on one programme are automatically entitled (on academic grounds) to be admitted with advanced standing to a subsequent part or year of a programme of a degree- awarding body. Arrangements, which are subject to formal agreements between the parties, normally involve credit accumulation and transfer schemes.

4.11 If the approved qualification is covered by subsection (g) above, an authorised signatory for institutional agreements within the recognised body must sign this agreement. The agreement must confirm the recognised body’s own independent assessment of the level of your or the awarding body’s programme compared to the RQF (or its equivalents). It must also state that the UK recognised body would admit any student who successfully completes your or the awarding body’s named course onto a specific or a range of degree-level courses it offers.

4.12 If the approved qualification is covered by subsection (h) above, please refer to Annex B to assess the equivalency of the level of qualification.

4.13 You cannot offer distance learning courses, or courses designed specifically to support students taking distance learning courses, under the Student route (except where exceptionally permitted under the concessions put in placein response to Covid-19 – for details see the current Covid-19 concessions guidance). Courses offered in the UK that are designed to support students on distance learning courses can be undertaken using the Visitor route if the conditions of that route are met. This does not include part-time courses, as defined in in the “Part-time courses” section above.

4.14 Pre-sessional courses do not have to lead to a recognised qualification, but must meet the requirements for the level of the course.

4.15 Except when a student is on a work placement, all study that is part of the course must take place on your premises, or at a temporary location you authorise. For example, it is acceptable if a student is on a field trip. We do not accept the location of a student’s work placement as a temporary, authorised location. Any study they do there cannot contribute to the 15 hours of classroom study we require for courses below RQF level 6.

4.16 In the case of the universities of Cambridge, Oxford, Durham and London, the university premises are taken to include the premises of self-governing colleges (which include permanent private halls and approved foundations) of the university named in the statutes of those universities, although it is open to the colleges to hold a separate sponsor licence.

4.17 Master’s and PhD students who are sponsored by an HEP and will be studying at the Alan Turing Institute or the Francis Crick Institute will also considered to be based on their HEP’s premises. The HEP sponsor must ensure they are able to fully comply with all of their sponsor duties in respect of all their students based at either the Alan Turing Institute or the Francis Crick Institute, including having a formal agreement in place with the Alan Turing Institute or the Francis Crick Institute to manage the HEP’s students’ supervision and reporting. If a student will be based at either the Alan Turing Institute or the Francis Crick Institute, you must give this as the student’s main study address when assigning a CAS for them.

Pre-sessional courses

4.18 A pre-sessional course is a course that prepares a student for, and directly precedes, their intended course of study in the UK and enables them to acquire the ancillary skills or knowledge necessary to adjust to study in the UK. This will usually be supplementary English Language training or some instruction in the British education system.

4.19 Courses which are designed to give a student fundamental training in the subject area of the main course as a stepping stone to it – e.g. a foundation course, foundation programme or foundation degree – or courses which form an integral part of the main course of study or replace part of it – but which are administered separately – are not considered to be pre-sessional courses.

4.20 The pre-sessional course must meet the full requirements of the Student or Child Student route for the level of the course, but it does not have to lead to a recognised qualification. A Student must pass a secure English Language test (SELT) showing proficiency at CEFR level B1 or B2 depending on the academic level of the pre-sessional course.

4.21 A pre-sessional course may be provided in the following ways:

a. By a Student sponsor who is also sponsoring the student for the main course of study. Please see the section titled ‘Assigning a single CAS to cover both pre-sessional and main course of study’ which sets out the circumstances in which a single CAS can be assigned for both courses. Where this does not apply, separate CAS must be assigned for the pre- sessional and the main course.

b. By a different Student sponsor from the one assigning the CAS for the main course of study. In this case, a separate CAS must be assigned for each course.

c. By an education provider that is named as a partner on a Student sponsor’s licence. Where a partner institution is not a licensed Student sponsor, they may only offer pre-sessional courses as described in the section titled ‘Assigning a single CAS to cover both pre-sessional and main course of study’ and the Student sponsor must issue the CAS. In all cases, partner institutions must be named on a Student sponsor licence, even if the partner has a licence in its own right.

Courses which require an Academic Technology Approval Scheme (ATAS) certificate

4.22 All students aged 18 or over, who have time-limited permission to stay in the UK, must obtain an ATAS certificate, unless they are an exempt nationality listed in Appendix ATAS of the Immigration Rules, if they are undertaking:

• undergraduate or postgraduate studies leading to a Doctorate or master’s degree by research in one of the subjects listed in paragraph 4a of Appendix ATAS of the Immigration Rules.

• undergraduate or postgraduate studies leading to a taught master’s degree or other postgraduate qualification in one of the subjects listed in paragraph 4b of Appendix ATAS of the Immigration Rules; or

• study or research at an institution of higher education in the UK, where this forms part of an overseas postgraduate level course, in any subject listed in Appendix ATAS of the Immigration Rules.

4.23 Student sponsors have a duty to ensure that any student, including individuals who aren’t applying for permission under the Student route, obtain an ATAS certificate if they need one.

4.24 An ATAS certificate is issued for a specific course with a named provider and covers the length of that course from the course start date to the course end date given on the CAS, plus up to an additional three calendar months of study. The certificate remains valid as long as the provider and/or course details do not change.

4.25 If the provider and/or course details change, or the student’s course end date is postponed for a period of more than three calendar months, the student must apply for a new ATAS certificate within 28 calendar days of being notified of the change in course, regardless of when their permission expires.

4.26 The student must also apply for a new ATAS certificate in any of the following circumstances:

• there are any changes to the course content (or research proposal). If the student is studying a PhD course, changes include changes other than minor changes to the areas of research or to the use of any new research technique;

• the student applies for an extension of permission in order to continue on the course;

• the student wishes to start a new course that requires ATAS clearance;

• the student moves to another institution; or

• the student needs further permission to stay for writing up a thesis.

4.27 Where there is a change to the length of the course because the student is deferring their studies, and sponsorship is withdrawn, the application for a new ATAS certificate should be made at the time the student is applying for permission in order to start the course again.

4.28 Applications for an ATAS certificate must be made online on the Foreign and Commonwealth Office (FCO) website. More information about the scheme and the list of designated subjects is available at: https://www.gov.uk/academic-technology-approval-scheme.

4.29 Where you assign a CAS that requires an certificate, you must confirm this on the CAS and keep a copy of either the ATAS certificate, or the electronic approval notice the student received from the FCO.

ATAS requirement for non-sponsored visiting academic researchers

4.30 Academic researchers can come to the UK as visitors, without being sponsored, in some circumstances. For further information, see Appendix Visitor: Permitted Activities PA 11.2 and Appendix ATAS.

4.31 From 21 May 2021, all non-sponsored visiting academic researchers who are carrying out or taking part in research at postgraduate level or above in a relevant subject area specified in the CAH codes listed in paragraph ATAS 4.1 of Appendix ATAS to the Immigration Rules are required to hold an ATAS certificate before they begin any such research.

4.32 Sponsors may consider it a matter of best practice to hold records that a visiting researcher has obtained an ATAS certificate, where required to do so, in the event there are wider compliance concerns around the general principle for sponsors to uphold the integrity of the immigration system and prevent abuse.

4.33 Visiting researchers who fail to obtain an ATAS certificate before starting any relevant research activity in the UK will be in breach of the conditions of their Visit permission and may face enforcement action as a result.

Postgraduate doctors and dentists

4.34 Students may take up a recognised foundation programme as a postgraduate doctor or dentist in the UK under the Student route.

4.35 They must have a valid CAS from their sponsor. Health Education England is the sponsor for all international students on the two-year foundation programme for postgraduate doctors and dentists.

4.36 A student who wishes to take a recognised foundation programme on the Student route must also:

a. have successfully completed a recognised UK degree in medicine or dentistry at:

i. an institution with a Student sponsor licence; or

ii. a UK publicly funded institution of further or higher education; or

iii. a genuine UK private education institution which maintains satisfactory records of enrolment and attendance; and

b. previously have been granted permission to stay in the UK as a student (including Tier 4), for the final academic year and at least one other academic year of their studies leading to that degree.

Postgraduate students (writing up thesis)

4.37 You may continue to sponsor a postgraduate student to write up a dissertation or thesis if you are confident that you can meet your sponsor duties for them during the period leading up to its final submission, including any oral (viva) examination. If you cannot meet your duties during this period, you should tell us this, and advise the student to leave the UK. You may later assign a CAS which they may use to apply to return to the UK. You may be able to meet your sponsor duties if, for instance, you require their continued participation in classes or by contact.

4.38 You must ensure students know what their term and vacation dates are, so they can comply with these limits. Students can work full time, during the period before their course starts and at the end of their course, provided their conditions permit work during term time and they have permission to enter or stay in the UK. The period at the end of the course is a vacation period for this purpose.

Student Union Sabbatical Officers

4.39 A Student Union Sabbatical Officer post is a full-time, salaried, elected, executive union position. A Student may be a Student Union Sabbatical Officer for a maximum of two years at the same institution, either during their course or in the academic year immediately after they graduate. The post must be at the institution that sponsors them or they must be elected to a National Union of Students of the UK position.

4.40 If the Student takes up the Student Union Sabbatical Officer post while they have current permission to stay under the Student route, you must notify us of this change in their circumstances. You must report the change using the Sponsorship Management System.

4.41 If the Student wants to take up a post as a Student Union Sabbatical Officer at the end of their course and their permission to stay is due to expire, they must apply again with a new CAS from their licensed sponsor that gives details of the post.

4.42 The term of office for a Student Union Sabbatical Officer is normally one academic year and, if the Student takes the post after their course is finished, we may grant them permission to stay under the Student route to cover this period. If the Student is re-elected after one year, they must apply again with a new CAS from their licensed sponsor that gives details of the post. They cannot apply again for a third year unless they are taking up the position under a new grant of leave at a different institution or at a national level with the National Union of Students (NUS).

4.43 A work placement must be no more than 33 per cent of a student’s overall course in the UK, or 50 percent if the course is at or above degree level and is studied at a higher education provider with a track record of compliance, where the sponsor is an overseas HEI and the UK course forms part of a study abroad programme, or where the student is studying with an HEI outside of the UK and the placement is part of a study abroad programme. However, this does not include any time they spend as a Student Union Sabbatical Officer. If they have another job as well as sabbatical officer duties, they can work part-time during term-time and full-time during vacations, including the period before their course starts, if they do not work full-time for the students’ union in the vacations.

Gifted university students

4.44 In exceptional circumstances, you may waive the English language requirement for a student if you are an HEP with a track record of compliance, the student is studying at degree level and you consider the student to be gifted. You must only do this if English language proficiency is not integral to that particular course of study and a pre-sessional course would be inappropriate.

4.45 If you want to waive the English language requirement for a gifted student, your academic registrar, or your institution’s equivalent, must approve this and you must follow the process below.

4.46 When you complete the CAS, you must confirm in the ‘evidence provided’ field:

a. that you are treating the student as gifted;

b. the reason why you are treating them as gifted; and

c. the name of your academic registrar, or your institution’s equivalent, their contact number and email address.

4.47 You must give the student an original letter signed by your academic registrar, or your institution’s equivalent. This must confirm:

a. your sponsor name;

b. your sponsor licence number;

c. the student’s name;

d. the student’s course including the level of study; and

e. that the academic registrar, or your institution’s equivalent, considers the student to be gifted and the reason why.

4.48 If the student is applying from overseas they must have this letter with them when they enter the UK.

4.49 If we are concerned about the number of gifted students to whom you have assigned a CAS, we will contact your academic registrar, or your institution’s equivalent.

Supplementary study

4.50 Student and Child Students are allowed to undertake supplementary study in addition to their main course of study, such as evening classes, or short courses studied full-time during vacation periods. Supplementary study can be in any subject and does not have to relate to their main course of study. It may be taken at any time during the period of permission granted for their main course of study, including before, during or after the main course. Students do not need permission from UKVI to take supplementary study. The ATAS requirement applies to supplementary study if it meets the criteria listed in Appendix ATAS.

4.51 Supplementary study must not in any way hinder the Student’s or Child Student’s progress on their main course of study. If it continues after the Student or Child Student has completed their main course, it must not delay their departure from the UK. Extensions of leave will not be given to complete supplementary study.

4.52 Qualifications obtained as a result of supplementary study cannot be used to show academic progression (please also see the section titled ‘academic progression’).

Doctorate Extension Scheme students

4.53 The Doctorate Extension Scheme will be closed to new applcations on 1 July 2021. From that date, Students can apply under the Graduate route if they wish to stay in the UK to work after they have successfully completed their studies and they meet the qualifying requirements. For existing students on the Doctorate Extension Scheme, you must continue sponsoring them for the 12 months after their course. To continue sponsoring the student, you must maintain contact with them. At a minimum, there must be at least two contact points at regular intervals during the time the Student is on the scheme. This arrangement is intended to enable you to continue to offer support to the Student to use their time on the scheme to gain experience in their specific field or seek skilled work. However, you do not have any formal responsibility to ensure they do this.

4.54 A Student does not need to hold or apply for an ATAS certificate to cover their time spent on the Doctorate Extension Scheme. If, however, they are currently studying a course (or period of research) that requires an ATAS certificate, and their course end date given on the CAS is postponed for a period of more than three calendar months (or any other changes outlined in the ‘Courses that require an Academic Technology Approval Scheme (ATAS) Clearance Certificate’ section of this guidance apply), the student must apply for a new ATAS certificate to cover the rest of their time on that course.

4.55 Students on the Doctorate Extension Scheme have new work conditions when they successfully complete their course. They will be regarded as having successfully completed their course on the date that their Student sponsor formally confirms that their PhD is completed to the standard required for the award of a PhD.

4.56 If the Student does not successfully complete their PhD, or they are awarded a lower qualification, their work conditions will not change. You must report this on the SMS. The Student’s leave will be curtailed to the time a Student would normally receive after their course. For example, if their course was three years long, their leave will be curtailed to four months from the date their course ended.

4.57 No compliance action will be taken against the sponsor if the Student fails to either leave the UK or apply for further permission at the end of their permission under the Doctorate Extension Scheme.

Additional reporting for Doctorate Extension Scheme students

4.58 If a student you have sponsored has a Student route application approved under the Doctorate Extension Scheme, you continue to report as normal until they successfully complete their course.

4.59 A Student has successfully completed their course once you have formally confirmed to them that their PhD is completed to the standard required for the award of a PhD. You must report this and the date of completion to us. You should report this using the SMS, unless the Student’s application has yet to be decided by us. If their application has yet to be decided, you should confirm this information in the notes field on the Student’s CAS.

4.60 If the Student finishes their course without successfully completing their PhD, or is awarded a lower qualification, you must report this and, if appropriate, the date of completion to us. You should report this using the SMS, unless the Student’s application has yet to be decided by us. If their application has yet to be decided, you should confirm this information in the notes field on the Student’s CAS. We will curtail the Student’s leave such that they are left with the same amount of leave that they would otherwise have received following the end of their course. You must continue to report on the Student as normal.

4.61 You must maintain contact with them. At a minimum, there must be at least two contact points at regular intervals during the time the migrant is on the scheme. You should determine the most appropriate format for these contacts. Acceptable methods may include a meeting either in person or using Skype, telephone contact or contact by email. You must tell us if the Student misses a scheduled contact with you without reasonable explanation and you are subsequently unable to make contact with them. You must report this using the SMS.

4.62 If the Student tells you that they are permanently leaving the UK, you must report this using the SMS.

4.63 If you have reason to believe that a Student is breaching conditions of their permission either during or after the completion of their course, you must report this to us using the SMS.

4.64 If for any reason you choose to stop sponsoring a Doctorate Extension Scheme student after the completion of their course, you must report this to us using the SMS.

4.65 You must withdraw sponsorship if:

a. the Student finishes their course without successfully completing their PhD, or is awarded a lower qualification;

b. the Student has missed a scheduled contact with you without reasonable explanation, you have subsequently been unable to make contact with them, and you do not reasonably expect the migrant to make further contact with you;

c. the Student notifies you that they are permanently leaving the UK; or

d. you are aware that the migrant is breaching conditions of their permission;

4.66 We will check you are complying with these requirements through our normal compliance activity. Failure to report will not directly impact on your sponsor licence, but if there is evidence that you are failing to take reasonable steps to fulfil your sponsorship obligations in relation to the Doctorate Extension Scheme, we may take this into account when considering action to ensure that you are complying with your obligations more generally.

5. Assigning a CAS

This section gives information on:

• Whether you should assign a Student or Child Student CAS

• What to consider before assigning a CAS

• How to assign a CAS

• Cancelling a CAS

Under which study route should a CAS be assigned?

5.1 There are two routes you can use to sponsor a student. These are the Student and Child Student routes.

5.2 The Child Student route is for students aged 4-17. Child Students may only be educated at independent schools. The Student route is for students aged 16 or over.

5.3 Students aged 16 or 17 may apply in the following categories:

a. Those who wish to study RQF level 2 courses (for example GCSEs) may only apply as a Child Student.

b. Those who wish to study a course at RQF level 3 or above, other than a foundation course, may apply under either the Student route or the Child Student route.

c. Those who wish to study a foundation course may only apply on the Student route.

d. Those who wish to study English as a foreign language may only apply on the Student route, unless the course is a pre-sessional language course to be taken before their main course of study at an independent school.

5.4 You must only assign CAS for courses that meet the requirements set out in the Student or Child Student immigration rules, as applicable, to students who you are sponsoring.

What to consider before assigning a CAS

• Complying with the law

• English language requirements

• Students studying at degree level and above

• Students studying below degree level

• Exceptions to the English language requirements

• Academic progression

• Place of study

• How long can a sponsored student stay in the UK?

Complying with the law

5.5 To ensure that you are complying with our immigration laws, you must only assign a CAS to a student whom you reasonably believe will:

a. meet the requirements of the Student or Child Student route for which the CAS was assigned; and

b. comply with the conditions of their permission to stay in the UK.

English language requirements for the Student route

5.6 Before you issue a CAS to a student, you must assess their English language ability. The required level of English language ability is specified in Appendix Student and the ways of demonstrating the required standard are set out in Appendix English Language of the immigration rules. In some circumstances you are required to check this using a Secure English Language Test (SELT) from an approved test provider. These approved providers are listed on the Home Office pages at the GOV.UK website at: https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests.

5.7 SELTs can only be sat at approved test centres. A list of all the approved test centres is available on GOV.UK at: https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests

5.8 If the student is successful in a SELT, they will be given a unique reference number. The Student sponsor should quote this number on the CAS. The student will also need to quote this number when they make their application. The Home Office will use this number on the SELT provider’s online verification system to confirm that the student passed the test.

5.9 We may interview an applicant on the Student route, either as part of their overseas application, or when they arrive in the UK (for example, at the airport). If we interview a student who was assigned a CAS and they cannot show at that interview that their English language ability is of the standard required in the immigration rules and this guidance without an interpreter, we will refuse their application or refuse them permission to enter the UK.

Students studying at degree level and above on the Student route

5.10 Depending on whether you are an HEP with a track record of compliance or not, you must assess the student’s English language competence in one of two ways.

a. If you are an HEP with a track record of compliance, we will allow you to choose your own way to assess it. (You may not have to do this for ‘gifted’ students. Please see the section titled ‘Gifted university students’ above). However, you must ensure they are proficient to level B2 in each of the four components (speaking, listening, reading and writing), unless they are exempt from being proficient in a component because of a disability.

b. If you are not an HEP with a track record of compliance, you must ensure that students demonstrate their level B2 English language competence by providing a recent secure English language test (SELT) from one of our approved test providers. They must have achieved at least CEFR level B2 in all four components (unless a test provider exempts them from sitting a component because of a disability).

5.11 You must take all reasonable steps to ensure that you are satisfied through your assessment that the applicant meets the language competence requirements. For example, you could interview students. If you have doubts about any documents then you should verify them with the appropriate body. You can read the list of our approved English language tests which is located on our pages on the GOV.UK website using the following link: https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests

5.12 If you are a HEP with a track record of compliance and have made an assessment on a student’s B2 level English ability without using a SELT, you must note on the CAS what method you have used to assess the student’s English Language ability. The information required on the CAS note is:

• brief details of the method(s) used to assess the student’s English language ability

• that the required B2 level is met in all four components (reading, writing listening and speaking) of the CEF

• if assigning a single CAS to cover both pre-sessional and main course of study, that the student has passed a SELT at level B1 and will meet the required B2 standard in all four components of CEFR following the completion of the pre-sessional course.

Students studying below degree level on the Student route

5.13 When you assign a CAS to a student studying a course at RQF level 3, 4 or 5 (SCQF level 6, 7 or 8 in Scotland), you must ensure they are competent in English language at a minimum of level B1 on the CEFR. Exceptions to this requirement are set out at paragraph 5.16. It is not acceptable to issue a CAS based on a student’s expected results.

5.14 Whether or not you are an HEP with a track record of compliance, you must assess your students’ English language competence at CEFR level B1 by making them provide a recent secure English language test (SELT) which confirms that they have achieved at least level B1 in all four components (unless a test provider exempts them from sitting a component because of a disability). If you have doubts about any documents, you should verify them with the appropriate body.

5.15 This requirement also applies to students who are:

a. undertaking foundation degrees;

b. taking pre-sessional courses which are below RQF 6 before a degree course. This includes students sponsored by an HEP with a track record of compliance; or

c. studying English as a foreign language under the Student route at CEFR level B2 or above.

Exceptions to the English language requirement

5.16 You do not have to confirm English language competence for:

a. applicants on the Child Student route;

b. students who demonstrated that they had the required level of English language ability in a previous successful application for entry clearance or permission;

c. applicants who have a GCSE, A’ level, Scottish National Qualification at level 4 or 5 or Scottish Higher or Advanced Higher, in English (language or literature), that was awarded:

(a) by an Ofqual (or SQA, Qualifications Wales or CCEA) regulated awarding body; and

(b) following education in a UK school undertaken while they were aged under 18.

d. those who have successfully obtained an academic qualification (not a professional or vocational qualification) from an educational establishment in the UK, which is a Bachelor’s degree or above;

e. those who have previously completed an academic qualification equivalent to a UK degree which was taught in what we call a ‘majority English- speaking’ country (see below);

f. those who are nationals from what we class as ‘majority English-speaking’ countries, (see below); or

g. those who are applying under the Student route to undertake a short-term study abroad programme in the UK as part of their course at an overseas HEI in the USA which Ecctis have confirmed leads to a qualification of at least equivalent level to a UK bachelor’s degree.

List of majority English-speaking countries

• Antigua and Barbuda
• Australia
• The Bahamas
• Barbados
• Belize
• Dominica
• Grenada
• Guyana
• Ireland
• Jamaica
• Malta
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• United States of America

5.17 Our pages on the GOV.UK website has a list of the approved English language tests, including how long tests are valid for, and the scores a Student must achieve to meet CEFR levels B1 and B2 in all four components (reading, writing, speaking and listening). For more information please see the following link: https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests

5.18 The Immigration Rules specify that only academic qualifications are acceptable for points c and d above. We will only consider a qualification to be an academic qualification if the awarding body consider it to be an academic qualification. Professional or vocational qualifications, regardless of whether or not they are equivalent to a UK bachelor’s degree, are not acceptable. If you are unsure whether or not a qualification is acceptable, you should check this with the awarding body. For point d, in order to assess the equivalency of an overseas qualification, the student should provide official documentation produced by UK NARIC which confirms the evaluation. This does not affect the ability of an HEP with a track record of compliance to choose how they assess a student’s English language ability. The requirement to provide official documentation produced by Ecctis does not apply to students applying under point f.

5.19 Please also see the section titled ‘Gifted university students’ who may also be exempt from the English language requirements and ‘Assigning a CAS’ section for details on how to demonstrate a student’s language ability when assigning a CAS.

Academic progression

5.20 The academic progression rule is in place to ensure that students are progressing academically if they wish to study a further course in the UK, and are not merely seeking to extend their stay in the UK.

Who is exempt?

5.21 A student does not need to show academic progression if:

a. they are making a Child Student application in the UK or overseas;

b. they are making their first Student application;

c. they are making a Student application overseas;

d. they are making a first application to move to a new institution to complete an existing course commenced at a Student sponsor that had its licence revoked (including Tier 4);

e. they are applying to resit an examination, repeat a course module^{[footnote 1]} or repeat an academic year, or they have previously re-sat examinations, repeated modules or repeated an academic year and require leave to remain to complete the course in respect of which those examinations were re-sat, modules repeated or academic year repeated;

f. they are applying to complete the PhD or other doctoral qualification for which study was undertaken in the last grant of permission under the Student route (including Tier 4), in the UK or overseas;

g. they are applying to undertake a role as a Student Union Sabbatical Officer, or to complete the qualification for which they were last granted permission as a Student (including Tier 4) after a period as a Student Union Sabbatical Officer;

h. they are applying as a postgraduate doctor or dentist on a recognised Foundation Programme; or

i. they are applying for permission to stay in order to undertake a study abroad programme or work placement or they have previously completed a study abroad programme or work placement and require a further period of permission to complete their course.

j. they are undertaking an integrated masters or PhD programme and are continuing to study their course but at the level of the lower level qualification (for example, an integrated masters student continuing on the bachelors programme)

5.22 If a student is exempt from demonstrating academic progression, the sponsor must confirm this and set out why in the CAS. Caseworkers may request further evidence when deciding applications.

5.23 If a student is applying in the UK as a differentiated applicant, the sponsor must explicitly confirm that they have completed their previous course of study on the CAS for academic progression to be considered to be met. Caseworkers may request further evidence when deciding applications.

5.24 If a student is applying for the purposes of re-sitting a single or multiple examination(s) or repeating a single or multiple module(s), or because they have previously done so, the sponsor must state this (and whether they are/have re-sat examinations or are/have repeated modules) in the CAS. If the student has changed their course without completing their previous course (having met the relevant requirements to do so), they must submit transcripts to show that they have previously sat the exam/s or taken the module/s to support their application, in respect of the course they changed to, not the previous course.

How can a student meet the academic progression requirement?

5.25 To meet the academic progression requirement, the student’s new course must normally be above the level of the previous course for which they were granted permission under the Student route. For example, if a student’s previous course was at RQF6 (and equivalents), their next course should be at least at level RQF7.

5.26 If a student has successfully completed an integrated master’s or PhD programme, leading to the award of the lower level of the two qualifications that may be awarded, and is applying for a new course which leads to the award of a qualification at a higher level than the qualification awarded, this would meet the academic progression requirement (for example, a student who completes an integrated masters programme with a bachelors qualification, then applies for a masters programme, would meet the academic progress requirement).

5.27 In certain circumstances a student may be able to continue to study at the same level (see ‘Studying at the same level’). However, if the student’s new course is at a lower level than the previous course, it will not represent academic progression and any application to extend their leave will be refused.

5.28 The student must also meet one of the following requirements:

a. they must have successfully completed (meaning they have achieved the qualification for which they were studying) the course for which they were last granted permission under the Student route (including Tier 4) or, if they have changed courses with the same sponsor, the course they changed to; or

b. they must be applying to progress from:

i. a Bachelors to Masters level course as part of an integrated Masters course, or

ii. a Masters to PhD level course as part of an integrated Masters and PhD programme; or

c. they must be applying to pursue an intercalating year as part of their medical, dental or veterinary science degree, or they are returning to their original course having completed their intercalated year.

Applying for an integrated course

5.29 A student can demonstrate academic progression if they are moving from the lower level to the higher level of an integrated Masters course or an integrated Masters and PhD programme. The sponsor must undertake an assessment of the student’s academic ability to complete the higher level course before assigning the CAS and must confirm this in the CAS.

5.30 The course must be a fully integrated course; it cannot be two separate courses placed back to back and there must be no option to undertake the two courses separately at the same sponsor. For example, if the course is an integrated Masters course in Engineering, the student cannot also have the option to undertake a Bachelors and Masters in the same course separately, which they could otherwise take consecutively. In order to grant permission, the caseworker must be satisfied that the course is integrated. If not, they may request further information or permission may be refused.

5.31 A sponsor will face compliance action if they do not make an assessment of the student’s ability to complete the higher level course before issuing a CAS. This change will be kept under review after introduction to ensure it is not being abused.

How can a student demonstrate academic progression?

5.32 A student can demonstrate having successfully completed their course by having received the award or, where the formal award has not yet been issued and the student is studying a course at degree level or above at a sponsor which is a HEP with a track record of compliance, through formal written confirmation.

5.33 In order to provide formal written confirmation, the current sponsor must make an assessment of the student’s academic ability to complete their current course successfully. The confirmation provided should state that, based on the assessment and the student’s performance throughout the course, the sponsor considers that the student is highly likely to complete their course successfully. It should also give an indication of when the qualification will be awarded.

5.34 The sponsor assigning the CAS should note on the CAS that their offer is based on formal written confirmation from the current sponsor. In the event that the student does not successfully complete their first course, the sponsor assigning the CAS will be required to notify UKVI and withdraw sponsorship of the student. Abuse of the ability to provide formal written confirmation, or failing to withdraw sponsorship, may result in compliance action being taken by UKVI.

5.35 If a student has failed to successfully complete their previous course or is not applying to progress from the lower to higher level of an integrated Masters course or integrated Masters and PhD programme, or an intercalating student, they will not be able to demonstrate academic progress and will have to apply from overseas if they wish to make an application for permission on the Student route to study a new course. A student who has been studying A- Levels, and achieves a qualification in at least one of the subjects they have been studying, will be considered to have successfully completed their course.

5.36 Qualifications obtained through supplementary study cannot be relied upon by a sponsor or a student to show academic progression.

5.37 If a student has been studying a pre-sessional English language course and then applies to study a substantive course, that will be considered to be academic progression. If an applicant who has completed a substantive course then wishes to undertake a pre-sessional English language course at a lower level, before another substantive course, this will represent academic progression if:

• a single CAS has been assigned to cover both the pre-sessional course and the substantive course; and

• the substantive course is at a higher level than the previous course for which they were last granted permission on the Student route.

In all other circumstances, undertaking a lower level English language course between two substantive courses will not represent academic progression.

5.38 A Student is permitted to undertake an intercalated bachelor’s or master’s degree course or PhD where they are studying medicine, veterinary medicine and science, or dentistry. If a Student requires further permission to intercalate (at the same or a different sponsor) or to complete their course, having completed a period of intercalation, this will be considered to be academic progression and the Student will be able to apply from within the UK.

5.39 If a medicine, veterinary medicine and science or dentistry student has existing permission and:

• wants to intercalate at a different sponsor; or

• is returning to complete their course after intercalating at a different sponsor

they do not need to make a new application. The current sponsor must notify their Account Manager or the Educator’s Helpdesk (if they are not a premium sponsor) who will update the Home Office IT system to reflect that a different sponsor is teaching the student. The sponsor who is teaching the student will be responsible for the sponsorship duties from the time the student moves to them and during that period. If intercalating at a different sponsor, during this time the sponsor teaching the student must make any relevant reports via their Account Manager or the Educator’s Helpdesk. If a student is intercalating at the same sponsor, they do not need to make a new application; the sponsor must report a change of course via the SMS, specifying this was for the purpose of intercalating.

5.40 The following circumstances are examples of where the student meets the academic progression rule:

• Student is progressing from A-levels (RQF 3) at an independent school to a bachelor’s degree (RQF 6) at an HEP with a track record of compliance.

• Student is progressing from a bachelor’s degree (RQF 6) to a master’s degree (RQF 7).

Studying at the same level

5.41 If the student’s new course is at the same level as the previous course, it may exceptionally be considered to represent academic progression if the course is at degree level or above; the sponsor teaching the course is an HEP with a track record of compliance and:

a. the new course is related to the previous course for which the student was granted permission on the Student route (meaning that it is either connected to the previous course, part of the same subject group or involves deeper specialisation); or

b. the student’s previous and new course combined, support the student’s genuine career aspirations.

5.42 If a student is studying at an embedded college, they will not be able to rely on this exception. They must be applying to study a course at a higher level than the previous course if they are applying within the UK.

5.43 In order to establish whether or not a student applying to study a course at the same level meets this requirement, UKVI will take into account all relevant factors, including the following points. This is not an exhaustive list, and will not be appropriate in every case:

• The level of the course.

• The subject matter of the new and previous courses.

• The applicant’s education history.

• The credibility of the applicant’s rationale for wishing to study the new course.

• Whether the HEP sponsor with a track record of compliance sufficiently explains why the student is applying to study a course at the same level

5.44 The following circumstances are examples of where the student is likely to be considered to meet the exception to the academic progression rule, as long as their sponsor provides a strong justification:

• Student has completed a master’s degree in Modern Languages (RQF 7) and wishes to study a master’s degree in Latin American Studies (RQF 7) in order to deepen their specialist knowledge or to prepare better for doctoral study or a career in academia and research. In this case, there is a clear connection between the previous course and the new course.

• Student has completed a master’s degree (RQF 7) in Environmental Policy and wishes to study a Master of Business Administration degree (RQF 7), and the HEP with a track record of compliance confirms that the two courses in combination support the student’s career aspirations in the energy industry. The student may be asked for evidence to demonstrate that they are pursuing a career in this field.

5.45 An example of where the student is unlikely to meet exception to the academic progression rule is where a student has completed an accountancy qualification (RQF 7) and is applying to study a master’s degree (RQF 7) in music, as the two fields are unrelated.

Sponsor duties

5.46 When assigning a CAS to a student required to show academic progression, the sponsor must confirm on the CAS that the student meets the requirement, and how. Where the sponsor is an HEP with a track record of compliance which has chosen exceptionally to assign a CAS to a student wishing to extend their leave who is applying to study a second course at the same level, the HEP must justify its decision by explaining its rationale on the new CAS. This explanation must include confirmation that either the new course is related to the previous course (meaning that it is either connected to the previous course, part of the same subject group or involves deeper specialisation) or the student’s previous and new course combined, support the student’s genuine career aspirations, and why. Abuse of this exception to the requirement to be moving up an academic level will be regarded as immigration abuse and compliance action may be taken against the sponsor.

5.47 If a student is leaving an integrated masters or PhD programme having successfully completed the course leading to the award of the lower level of the two qualifications it would be possible to be awarded by completing the course, the sponsor must submit a report through SMS confirming that the student will be completing with the lower level qualification.

5.48 UKVI may take compliance action against a sponsor if:

• they assign a CAS without properly assessing a student’s academic progression.

• they are required to confirm a student’s academic progression on the CAS, and do not.

• they abuse the exception to the requirement to be moving up an academic level.

• when assigning a CAS for an integrated Masters course or integrated Masters and PhD programme, they do not make an assessment of the student’s ability to complete the higher level course before issuing a CAS.

• they abuse the ability to provide formal written confirmation, or fail to withdraw sponsorship in the event that the student does not successfully complete their first course.

Place of study

5.49 The place of study for Students and Child Students must be in the UK. However, a Student sponsor may issue a CAS for a course that involves a study abroad programme. The programme must be related to the course the Student is studying in the UK and the Student must meet all the immigration requirements of the country in which they will study. If the Student intends to return to the UK to continue or complete their course, it may be practical for the Student sponsor to continue sponsoring them for the period they are outside the UK. The Student’s study abroad programme must therefore be undertaken at a partner institution of their Student sponsor.

5.50 For the purposes of a study abroad programme, a partner institution is one which has entered into an arrangement with the Student sponsor which will enable the Student sponsor to continue fulfilling its sponsorship duties whilst the Student is studying overseas. Such arrangements are separate to the sites and partnerships arrangements set out in ‘Student sponsor Guidance Document 1: Applying for a Student sponsor licence’. The arrangements of a partnership for the purposes of a study abroad programme are decided between the Student sponsor and the partner institution and do not require additional Home Office approval. The sites and partnerships arrangements set out in Document 1 of this guidance must be approved by the Home Office.

5.51 This means you must continue to meet all of your reporting duties for the Student while they are overseas, but it also means their permission to stay in the UK will remain current and they will be allowed to return to the UK without having to apply again. However, we will assess the reports you make on the Student, and may not allow them to re-enter the UK after studying abroad if they have failed to meet any requirements.

5.52 If a Student does not plan to return to the UK or you do not want to continue to be responsible for them while they are out of the UK, you can end their sponsorship at the time they travel overseas. If you do this, we will cancel their permission to stay in the UK. If they want to return to the UK later on, they will have to apply for a visa again. They may have to return to their country of normal residence to apply to re-enter the UK under the Student route.

Further information on Students adding a study abroad programme or work placement to their course is provided in the sub-section of this document titled ‘Students who are adding a study abroad programme or work placement to their course’, under the heading ‘Assigning a CAS to a Student who wants to extend their stay’.

How long can a sponsored student stay in the UK?

5.53 The period of permission given to a successful Student or Child Student applicant is based on the length of their course. We will calculate the length of the course using the start and end dates you put on the CAS.

5.54 If a Student receives government or other official financial sponsorship, we will limit their permission to stay in line with any requirements the financial sponsor specifies.

5.55 A Student is allowed to spend no more than two years studying in the UK below RQF 6 or SCQF 9 (i.e. studying courses below degree level).

5.56 The two year limit does not apply if the Student is applying to study a course at below degree level, having never studied as a Student (including Tier 4) in the UK before, and applies for permission to study a 3-year course which is subject to a regulatory requirement by the Maritime and Coastguard Agency that they must spend at least 12 months at sea (see Annex C for list of recognised courses). In these cases, a Student is allowed to spend no more than three years studying in the UK below RQF 6 or SCQF9.

5.57 In addition, the time a Student can spend studying at degree level is limited to five years unless:

a. the Student is studying a course at degree level in one of the following exceptional subject areas:

• Architecture;

• Medicine;

• Dentistry;

• Veterinary Medicine & Science;

• Music at a music college that is a member of Conservatoires UK (CUK); or

• Law, where the applicant has completed a course at degree level in the UK and is progressing to:

  • a law conversion course validated by the Solicitors Regulation Authority and the Bar Standards Board in England and Wales,

  • a Masters in Law (MLaw) in Northern Ireland,

  • or an accelerated graduate LLB in Scotland;

5.58 Time spent in the UK as a Child Student (including Tier 4 Child), or a Student (Including Tier 4 General) whilst under the age of 18 years does not count towards these time limits. Where a Student turns 18 during a period of permission, the calculation will start from their 18th birthday.

5.59 There is no time limit on study at postgraduate degree level and above. For the purposes of calculating study time which counts towards the time limit, where a student is undertaking an integrated masters programme, the entirety of the period of permission will be considered to be study at RQF level 7 and as such will not count towards the limit on study at degree level.

Calculating periods of leave counting toward time limits

5.60 When assessing a migrant’s eligibility to undertake the proposed course of study, UKVI will determine how long the applicant has previously spent on the Student route (including time spent on Tier 4) to study courses as a Student (including time spent on Tier 4), and add the proposed length of permission that they will receive if their current application is granted.

5.61 To calculate time counting towards the time limit, UKVI will add the proposed permission together with any current or previous grants of permission under the Student route. This period will be counted from:

• the date permission would begin if granted, if the application is for entry clearance; or

• the date the current period of permission began, if the application is for permission to stay,

until the day the permission would expire if granted.

UKVI will also count any previous periods the Student has held under the Student route (including Tier 4 General), including where the student has subsequently left the UK. This period will be counted from the date the permission began until the date it expired. If the applicant extended their permission on the Student route (or Tier 4), or received any period of continuing permission in accordance with section 3C of the Immigration Act 1971, this will be included. If the applicant’s permission was curtailed, UKVI will take the date the curtailed permission expired.

5.62 UKVI will count the periods based on the level of course for which a CAS was assigned and associated permission granted, including where the student changed to study a course at a different level or for a shorter duration without making a new application.

5.63 Time will be counted in months, with individual days rounded upwards or downwards to the nearest month. Dates falling on the middle day of the month will be rounded downwards. For the avoidance of doubt, time will not be double-counted.

5.64 UKVI will count the full period unless there are exceptional compelling and compassionate circumstances that either prevented the student from completing the course within the time given or caused them to leave their course prematurely (for example, serious illness or disability).

5.65 UKVI may exercise discretion where a student would exceed the time permitted studying at or below degree level if this was for reasons related to the Covid-19 pandemic. If a student is applying for a period of Student permission which would exceed the time limit due to previous study delays caused by Covid-19, details of the reason that a student requires more time due to Covid-19 must be provided on the CAS. For example, a student who is undertaking A-Levels might exceed the two years study permitted below degree level if the Student had been unable to complete the course of study due to disruption to course delivery as a result of the pandemic.

5.66 If the length of the course applied for in the current application would lead to the applicant spending more than the maximum period permitted, UKVI will refuse the application unless the application is to study a new course, or complete a current course within either 6 months of the time limit being reached and 1) below applies or 11 months of the time limit being reached, and any of 2), 3) or 4) below apply:

1) The student is applying to study a course at below degree level, has never studied as a Student (including Tier 4) in the UK before, and is applying for permission to study a 3-year course which is subject to a regulatory requirement by the Maritime and Coastguard Agency that at least 12 months must be spent at sea.

Worked example

A student has never studied in the UK as a Student (including Tier 4) before and is applying to study a 3-year Foundation Degree in Marine Operations in the UK with a requirement to spend 12 months at sea.

If granted, the Student’s leave would begin on 1 August 2021 and expire on 1 January 2024 (course duration 36 months + 1 month added before + 4 months added after the course).

This is a total of 41 months, more than the 3- year time limit, but the concession will be applied to let the Student complete their third year of study.

2) The student is subject to the two-year limit for studying below degree level, has never studied as a Student (including Tier 4) in the UK before, and is applying for permission to study a two-year course.

Worked example

A student has never studied in the UK as a Student (including Tier 4) before and is applying for entry clearance to study a 2 year A-levels course.

If granted, the Student’s leave would begin on 1 August 2021 and expire on 1 October 2023 (course duration 22 months + 1 month added before + 4 months added after the course). This is a total of 27 months, more than the two year time limit, but the concession will be applied to let the Student complete their second year of study.

3) The student is applying to study a course being taught by an HEP with a track record of compliance which is also sponsoring the student, and the strict application of the five-year time limit would prevent them from completing a fifth academic year at degree level. The following table provides an example of where these circumstances apply.

Worked example

A student has never studied in the UK as a Student (including Tier 4) before and is applying for entry clearance to study a 5-year pharmacy degree.

If granted, the Student’s leave would begin on 1 August 2021 and expire on 1 October 2026 (course duration 57 months + 1 month added before + 4 months added after the course).

This is a total of 62 months, more than the five year time limit, but the concession will be applied to let the Student complete their fifth year of study.

If these circumstances apply, UKVI will not refuse the application on the basis that the time limit would be breached.

For the avoidance of doubt, this concession is not intended to extend the time limits for all Students. Students who have already undertaken the maximum period of academic study will not benefit.

Additional periods before and after the course

5.67 In addition to the period granted to the applicant to undertake their course of study, additional periods will also be granted to the applicant as set out in the following table.

Type of course	Period to be granted before the course starts	Period to be granted after the course ends
12 months or more	1 month before the course starts or 7 days before the intended date of travel[footnote 2], whichever is later	4 months
6 months or more but less than 12 months	1 month before the course starts or 7 days before the intended date of travel, whichever is later	2 months
Pre-sessional course of less than 6 months	1 month before the course starts or 7 days before the intended date of travel, whichever is later	1 month
Course of less than 6 months that is not a pre- sessional course	7 days before the course starts	7 days
Postgraduate doctor or Dentist	1 month before the course starts or 7 days before the intended date of travel, whichever is later	1 month

5.68 If the grant of entry clearance is made less than 7 days before the intended date of travel, entry clearance will be granted with immediate effect.

How to assign a CAS

This subsection gives information on:

• Assigning a single CAS to cover both pre-sessional and main course of study

• Assigning a CAS to a Student who wants to extend their stay

• Assigning a CAS for a new course with the same sponsor

• Assigning a CAS to a Student coming to study with you from another establishment

• Examination re-sits and repeating study

5.69 We have produced a document to help you complete a CAS. This help document for Student sponsors is located on our pages on the GOV.UK website accessed using the following link: www.gov.uk/government/collections/sponsorship-information-for-employers-and-educators#user-manuals-sponsorship-management-system-sms

5.70 If you wrongly assign a CAS, we may take action against you.

5.71 If you use all of your CAS we may not allocate more to you. For more information on applying for more CAS, please see the section titled ‘Confirmations of Acceptance for Studies (CAS) allocations’ in the ‘Applying for a Student sponsor licence’ sponsor guidance.

5.72 A student can study only with the sponsor named on their CAS, including at any partner institution named on the CAS. The exceptions to this are:

a. where a student has a new sponsor with Student sponsor status who has assigned them a new CAS and they have applied to us before their existing permission to stay has expired. See the section titled ‘Assigning a CAS to a Student coming to study with you from another establishment’; or

b. where a student is also undertaking supplementary study, in addition to the studies they are taking with the sponsor named on their current CAS, at another education provider. See the section titled ‘Supplementary study’.

5.73 Before you assign a CAS you must assess a student’s ability to follow a course of study. You must state on the CAS what evidence you have used to make this assessment. For example, you might:

a. confirm any qualifications the student already has which make them suitable for the course you are offering, such as checking a master’s degree if they are going to do a PhD; or

b. base the assessment on their progress in their existing course or a recently completed course. You must take reasonable steps to ensure that you are satisfied through your assessment that the applicant’s qualifications are authentic. One method of doing this would be to contact the awarding body.

5.74 Before you assign a CAS you must be satisfied that you and/or the student can meet the criteria laid out in the table below:

Checklist for assigning a CAS

Are you satisfied:

• You are assigning a CAS under the appropriate Student or Child Student route?

• The student intends and is able to follow the course of study concerned?

• The student will successfully complete their course on the date specified on the CAS?

• The course the student intends to follow will lead to an approved qualification?

• The student is aware of their responsibility to abide by the conditions of their Student or Child Student visa, including their obligation to study at their sponsor institution (unless studying at a partner institution or undertaking supplementary study), their working restrictions and that they will leave the UK when their visa expires unless they have obtained further permission to stay?

• The CAS you are assigning is for a course that represents academic progression if the student is continuing their studies and is applying from within the UK? See ‘Academic progression’ in the previous section.

5.75 You must not assign one CAS to cover more than one course (unless in some cases the student is taking a pre-sessional course). You must assign a separate CAS for any stage of the course that leads to a recognised qualification in its own right. For example:

a. if a series of modules leads to a certificate or a diploma, each of which is a recognised qualification in its own right; or

b. if a student will do an HND and then a bachelor’s degree. You must assign a new CAS before each stage starts.

5.76 You can only assign one CAS to cover a dual award course where there is a clear cohesive programme and this programme has been signed off by the relevant awarding bodies. You must assess students for admission into both parts of the programme independently and also accept them into both parts of the programme at the same time at point of entry onto the course and assigning the CAS.

5.77 If an international student is specifically studying towards an Association of Certified Chartered Accountants (ACCA) qualification or an ACCA Foundation Level qualification, you can only assign a CAS and/or deliver this course to them if you are an ACCA approved learning partner – student tuition (ALP-st) at either Gold or Platinum level. For more information about the levels of ACCA approval, see: http://www.accaglobal.com/uk/en/learning-provider.html

5.78 You must state on the CAS at what level you have assessed the student’s language ability, and give the name of any formal assessment they have, if appropriate.

5.79 If you have used an approved English language test to check that a student is competent in English language at a minimum of CEFR level B1 or B2, you must put their test result for each component on the CAS and the name of the test provider. You must put this information in the text box ‘Is SELT required’ under the ‘Course details’ section on the CAS. It is not acceptable to use a student’s expected results.

5.80 However, you do not have to do this if you are an HEP with a track record of compliance and you have used an approved English language test to assess a student’s competence at level B2 (for courses at RQF 6 (SCQF level 9 in Scotland)) or above. In these cases you must have seen scores that the approved test provider specifies are equivalent to level B2 in each of the four components, but you only need to state on the CAS that the student is proficient to B2 level in each of the four components.

5.81 You must keep records of the specific method or combination of methods you used to ensure your student’s language competence. This must be recorded on the CAS for a Student.

5.82 You must state in the relevant field on the CAS whether the course of study is a PhD or other doctoral qualification, or a research-based higher degree or not. To be considered a “research-based higher degree” the course of study must meet the definition of a “research-based higher degree” in Paragraph 6.2(b) of the Immigration rules:

“Research-based higher degree” means a postgraduate programme comprising a research component (including a requirement to produce original work) that is larger than any accompanying taught component when measured by student effort.”

The definition is consistent with that set out in HESA’s Qualification Category.

Assigning a single CAS to cover both pre-sessional and main course of study

5.83 A single CAS can be assigned to cover both the pre-sessional course and the main course in the following circumstances.

a. Where the sponsor is an independent school which:

i. has made an unconditional offer to a Child Student for a main course of study at the independent school and the student will also take a pre-sessional course, as defined in this guidance; and

ii. the total length of the pre-sessional course plus main course of study is not more than the maximum time for which the applicant may stay in the UK as a Child Student.

b. Where the sponsor is an HEP with a track record of compliance which:

i. has made an unconditional offer to a Student for a main course of study at degree level, and the student will also take a pre-sessional course as defined in this guidance with the sponsor or a teaching partner named on its licence;

ii. the pre-sessional course is no more than three months’ long; and

iii. the pre-sessional course ends no more than one month before the main degree course.

In these circumstances, the HEP may choose its own method to check the student is proficient at CEFR level B2, and a SELT is not required.

c. Where the sponsor is an HEP with a track record of compliance which:

i. has made an offer to a Student for a main course of study at degree level, and the offer is unconditional, other than the condition that the student must reach B2 level English on completion of a pre-sessional English language course;

ii. the student has demonstrated their English language ability at a minimum of B1 level by providing a SELT meeting the requirements of this guidance and the sponsor is satisfied that, on completion of the pre-sessional English language course, the student will have reached the required B2 level and will proceed to the main degree course;

iii. the pre-sessional course will be taught by the sponsor or a teaching partner named on its licence;

iv. the pre-sessional course is no more than three months’ long; and

v. the pre-sessional course will end no more than one month before the main degree course.

In these circumstances, the HEP may choose its own method to check the student has reached B2 level on completion of the pre- sessional English language course. Sponsorship must be withdrawn if, on completion of the pre-sessional course, the student has not reached B2 level.

5.84 In any other circumstance, the student will have to make two separate applications with two separate CAS, to come to the UK to study.

5.85 The flowchart below sets out the steps an HEP with a track record of compliance should follow when considering how many CAS are needed to cover a pre-sessional course and a main course:

Is the pre-sessional course no more than three months long, and ending no more than one month before the main degree course starts?

No:

A separate CAS must be assigned for the pre-sessional course and the main course.

Yes:

Is the entry onto the main degree course conditional on passing the pre- sessional course?

No:

Both the pre-sessional and the main course can be covered on one CAS

Yes:

Is the pre-sessional course to allow a student who has already achieved a minimum of B1 level English to achieve B2 level? *

No:

A separate CAS must be assigned for the pre-sessional course and the main course.

Yes:

Both the pre-sessional and the main course can be covered on one CAS

This provision only covers students moving from courses that require a minimum of B1 level to courses that require B2 level, or a higher B2 level, and does not include any other moves between levels. For example a student holds B2 level English but needs C1 level to enter their course, the answer to this question is ‘no’.

Assigning a CAS to a Student who wants to extend their stay

5.86 If you are considering assigning a CAS to someone who is already in the UK as a Student (including Tier 4), you should discuss their current immigration status with them and whether they are able to apply for further permission under the Student route.

5.87 A Student who is applying for further permission under the Student route must be studying a full-time course and be academically progressing (unless they are exempt from demonstrating academic progression).

5.88 All migrants wishing to apply for further permission must do so before their existing period of permission expires. There are limited exceptions relating to overstaying previous conditions (remaining in the UK when the applicant’s permission to be here has expired). Any period of overstaying will not count against the applicant where either of these conditions apply:

1. the application is made within 14 days of the applicant’s permission expiring and the Secretary of State accepts there is a good reason beyond the control of the applicant, or their representative, preventing the application from being made in time. The reason for the overstay should be provided in the application

2. the application is made following the refusal of a previous application for permission to stay which was made in-time (or to which the exception at point 1 above applied) and within 14 days of:

• the refusal of the previous application for permission to stay; or

• the expiry of any permission which has been extended by section 3C of the Immigration Act 1971; or

• the expiry of the time limit for making an in-time application for administrative review or appeal; or

• any administrative review or appeal being concluded, withdrawn, abandoned or lapsed.

Assigning a CAS for a new course with the same sponsor

5.89 Whether you can assign a new CAS for a student to do a different course of study with you will depend on whether the student has successfully completed the course (or courses where their permission included a pre- sessional course) for which they were given permission to stay.

The Student has completed the course for which they were given permission to stay

5.90 If a student wants to do a different course of study with you, their existing Student sponsor, and they have completed the course for which they were given permission to stay, they will need to make a new application for permission to stay for their new course.

5.91 They must not start their new course until we have approved their new application unless:

a. the sponsor has Student Sponsor status;

b. the sponsor has assigned them a CAS;

c. they applied to us before starting their course; and

d. they applied to us before their existing permission to stay expired.

5.92 The student does this at their own risk as it is possible that their application will be refused.

Students starting a new course with their existing HEP sponsor

5.93 For students who have finished their course with their existing HEP sponsor and are starting a new course with that sponsor, an HEP may enrol a student on a new course immediately if:

a. the HEP has with a track record of compliance;

b. the student is currently sponsored by them and has finished their last course;

c. the student’s permission to stay has not yet expired; and

d. the student will be studying their new course with their existing sponsor;

5.94 The student must make their new application for permission to stay within six weeks of their enrolment on their course, or before their current period of permission expires, whichever is the earliest.

5.95 In all other circumstances a student must make an application for permission to stay and must not start their new course until we have approved their new application, unless they meet paragraph 5.100 of this guidance.

The Student has not completed the course for which they were given permission to stay

5.96 Only some students are able to change from the course which they are currently studying and for which their CAS was assigned (the “current course”) to an alternative course (the “new course”), without first completing their current course. The ability to change course is dependent on a student’s conditions of permission, which will differ depending on when the student applied for that period of permission. The conditions and circumstances in which students can change courses are set out below. If a student wants to change their current course but, under their current conditions, are not permitted to do so, they need to make a new Student application before changing course.

5.97 In all cases, if a student requires a further period of permission to complete a course they will need to meet the current Student route requirements including the academic progression requirement. Students should read and consider the academic progression guidance carefully and consider whether they will qualify for a further period of permission to stay before deciding whether to change their course if they will not be able to complete the new course within their existing period of leave.

5.98 Where the student was assigned a CAS to undertake A-levels, they will not be considered to be changing their course if they are changing individual A- level subjects. The Student or Child Student will need to be able to complete all A-level subjects in their current period of permission.

5.99 Where the new course (or period of research) is specified in the section ‘Courses which require an Academic Technology Approval Scheme (ATAS) Clearance Certificate’, the student must obtain an ATAS Clearance Certificate before they start that course (or period of research), and you must keep a copy of either the ATAS certificate, or the electronic approval notice the student received from the Foreign and Commonwealth Office (FCO).

5.100 If the student’s new course is shorter than the one for which they were originally assigned a CAS, you must tell us immediately.

5.101 A Student can only change their course without getting permission from us to start their new course if:

• the sponsor is an HEP with a track record of compliance;

• the new course is at degree level or above;

• the new course is not at a lower level than the current course;

• the student will be able to complete their new course within their current period of permission; and

• for students who have previously been granted permission under the Student route (including Tier 4), the sponsor confirms that:

a) the new course is related to the previous course for which the applicant was granted permission as a Student (including Tier 4), meaning that it is either connected to the previous course, part of the same subject group, or involves deeper specialisation, or

b) the previous course and the new course in combination support the applicant’s genuine career aspirations.

This cohort of students must complete their new course within their existing permission; the only exception to this is if they are applying to resit exams or repeat modules or they require further permission because they have previously resat exams or repeated modules for their current course. The student will need to provide evidence that they have attempted exams/modules when applying for leave (see the ‘Academic Progression’ section for further details). You should not use this provision to allow students to undertake part/s of the course for the first time.

5.102 Students will not be granted further permission to stay to complete their course in any other circumstance. If they need further permission to do so, they must apply from overseas.

5.103 We may take compliance action against you if you allow a student to change courses without properly assessing and/or confirming that the student meets the above points or if the exception above is abused.

Assigning a CAS to continue the same course

5.104 A student can only demonstrate academic progression if they have successfully completed their previous course. The only circumstance in which a sponsor should be assigning a CAS to a student to continue the same course is if the student is exempt from demonstrating academic progression.

5.105 If one of your existing students applies to extend their period of permission in the UK to continue the same course, the course start date on the CAS must be the day after their current permission expires. You should state on the CAS that the student will continue on the same course. Put this in the ‘evidence provided’ box. You must also explain the reasons for your decision including why they are exempt from demonstrating academic progression.

Students who are adding a study abroad programme or work placement to their course

5.106 If the Student is adding a study abroad programme or work placement to the course they have started studying under the Student route (including courses commenced under Tier 4), they will be exempt from demonstrating academic progression. The programme must be an additional period of study that is connected to the course they have already started studying, rather than part of a brand-new course studied for the first time.

5.107 Students are able to apply for permission to stay, either before their study abroad programme or work placement starts, or after they have completed their study abroad programme or work placement. In both circumstances, they must apply no more than 3 months before the start date of the course, as recorded on their CAS. Further guidance on how the start date is interpreted is detailed within the Creating a CAS: guide for education sponsors.

5.108 Students in this circumstance are able to start their study abroad programme or work placement before getting permission from us to start their new course. If they wish to apply for their permission to stay before their study abroad programme or work placement starts, they must ensure they have sufficient time to do so and if they are travelling abroad they must receive a decision on their application before their intended date of travel. They must not start their study abroad programme or work placement while they have an application for permission to stay pending, as leaving the UK or requesting their passport back for the purpose of travel will result in their application being withdrawn. Further information on the circumstances in which applications may be withdrawn can be found in the guidance ‘Applications for leave to remain: validation, variation and withdrawal’ at: https://www.gov.uk/government/publications/specified-application-forms-and-procedures.

5.109 If the Student is not leaving the UK to undertake their work placement they should still refrain from applying for additional permission once their placement has started. If Students do not have time to apply for their permission before their programme or work placement starts, they can apply when their programme or work placement has finished and they have returned to complete their course.

Assigning a CAS to a Student or Child Student coming to study with you from another sponsor

5.110 When a student changes to a course with a different sponsor (irrespective of whether they have completed their previous course), they must apply again under the Student or Child Student routes, with a CAS from their new Student sponsor.

5.111 They must not start their new course until we have approved their new application unless:

a. the new sponsor has Student sponsor status; and

b. the new sponsor has assigned them a CAS; and

c. they applied to us before starting their course; and

d. they applied to us before their existing permission to stay expired.

5.112 The student does this at their own risk as it is possible that their application will be refused. In all circumstances, where the new course (or period of research) is of a type specified in the section ‘Courses which require an Academic Technology Approval Scheme (ATAS) Clearance Certificate’ above, the student must obtain an ATAS Clearance before they start that course (or period of research), and you must keep and keep a copy of either the ATAS certificate, or the electronic approval notice the student received from the Foreign and Commonwealth Office (FCO).

5.113 Students moving to a Probationary Sponsor must not, under any circumstances start their new course until we have approved their new application.

5.114 The new sponsor will be responsible for them as soon as we grant the new permission.

5.115 A student can study only with the sponsor named on their CAS. This includes studies at any partner institution named on the CAS. Students should not apply for permission to start a new course with a new sponsor too early. If they do, they may be unable to complete their existing course because their new permission only allows them to study with their new sponsor.

5.116 If a student leaves their original sponsor before we approve their new application, they may not be able to return to the course with their original Student sponsor if we refuse their application.

Assigning a CAS to a continuing Student who applies for new entry clearance

5.117 If a Student is unable to apply for further permission to stay because they cannot meet the academic progression requirements, they must leave the UK and apply for new entry clearance to undertake further study under the Student route. As soon as a Student knows they will need to apply for new entry clearance, they should make plans to leave the country and make an application. The most practical time to do this would be during a holiday period and ideally the next semester break. A valid CAS must be submitted with the application.

5.118 Other than a student having valid permission in place under the academic progression requirements, there are no additional time restrictions for when a student needs to have a new grant of permission in place.

5.119 If one of your existing students applies for entry clearance to continue the same course, the course start date on the CAS must be the date from which the applicant requires their next permission to start, which is the date they are planning on returning to the UK to recommence their course. You should state on the CAS that the student will continue on the same course and include the original course start date in the ‘evidence provided’ box.

5.120 If the Student is unsuccessful in their application for new entry clearance, they can return to the UK to complete the course for which they were originally granted permission, as long as they can do this within the period of permission originally granted and they continue to meet all the conditions of the Student route.

Examination re-sits and repeating study

5.121 In exceptional circumstances we will allow Students to re-sit examinations or repeat any part of their course more than twice for any individual examination or module but we may ask you to justify this.

5.122 If you are a Probationary Sponsor, your Students cannot re-sit examinations or repeat any part of their course more than twice.

5.123 If the student’s permission to stay expires before they finish the re-sit or repeat, they must apply to extend it before their current permission expires. You must decide whether or not to continue sponsoring them, based on your assessment of their ability to pass the course.

5.124 You may continue to sponsor a student during the re-sit or repeat period if you require their continued participation (in classes or by contact) and are confident you can meet your sponsor duties for them during the re-sit or repeat period.

5.125 If you do not require their continued participation within 60 days of the next academic period starting (except for recognised vacation periods) you should not continue to sponsor them. If they have ongoing permission to stay in the UK, you should tell us this and advise them to leave the UK. Alternatively, If their permission is due to expire, you must not assign a CAS and they must arrange to leave the UK. You may later assign a CAS which they may use to apply to return to the UK.

Cancelling a CAS

5.126 We can cancel a CAS you have assigned at any time if we find you were not entitled to assign it, for example if it was assigned:

a. through misrepresentation or fraud; or

b. for a course that you are not permitted to offer.

5.127 You can withdraw a CAS that you have assigned to a student if they have not yet used it to support an application. You must withdraw the CAS using the SMS and notify the student.

5.128 If a CAS is cancelled or withdrawn, we will not refund your fee. Once a CAS has been cancelled or withdrawn, we will automatically refuse any application supported by that CAS.

5.129 If the student is already in the UK, we will cancel or reduce (curtail) their permission to stay if we find that the CAS on which we based that permission was improperly assigned. We will:

a. curtail their permission to 60 calendar days (to give them a chance to find a new sponsor) if they were not actively involved in the CAS being assigned improperly. Their leave will be curtailed to 60 days from the date of our letter informing them that their leave has been curtailed; or

b. immediately end their permission to stay if they were actively involved.

Fee for assigning a CAS

5.130 You must pay a fee for every CAS that you assign. We will only accept on- line payments for these transactions. Full payment guidance is located on our pages on the GOV.UK website using the following link: https://www.gov.uk/immigration-operational-guidance/fees-forms

5.131 Even if a student does not use the CAS in an application to us, or uses it but is refused leave, you will pay the fee for assigning it. To ensure that you do not waste a CAS, you should check that the student is likely to apply and pass the points-based assessment.

6. Working while studying

This section gives information on:

• Whether a student can work while studying and for how many hours

• Work placements

• Work that is not allowed

6.1 The main purpose of the Student and Child Student routes is for students to come to the UK to study. Where a student is permitted to work, the intention is that this should be to supplement their income whilst studying or as part of a work placement provided it is an integral and assessed part of the course.

6.2 There are limits on students’ working hours that depend on when they applied for permission to come to or stay in the UK, the type of course they study and what type of sponsor you are. Any time spent working can be in addition to any time spent on a permitted work placement.

Can a student work while studying and for how many hours?

6.3 The table below outlines the work rights granted to Students and Child Students

A full-time course at degree level (RQF level 6 (and equivalents)) or above sponsored by a higher education provider with a track record of compliance

20 hours per week during term-time and full-time during vacations.

A short-term study abroad programme in the UK at an overseas higher education institution

20 hours per week during term-time and full-time during vacations.

A course below degree level (RQF level 6 (and equivalents)) sponsored by a higher education provider with a track record of compliance

10 hours per week during term-time and full-time during vacations.

A part-time course at postgraduate degree level (RQF level 7 (and equivalents)) or above sponsored by a higher education institution with a track record of compliance

No work allowed.

A course at any level with a higher education provider which does not have a track record of compliance

No work allowed.

A course at any level with a publicly funded further education college

No work allowed.

A course at any level with a private provider

No work allowed.

Any course where the student is a Child Student over the age of 16 years old

10 hours per week during term-time and full-time during vacations.

Any course where the student is a Child Student under the age of 16 years old

No work allowed.

Work placements

6.4 The course of study for Students or Child Students aged 16 years old or above may include a work placement, provided it is an integral and assessed part of the course.

If a student is changing course to add a work placement to their original course of study, they will be exempt from meeting the academic progression requirements, enabling them to apply for an additional period of permission to stay from within the UK. Further information on work placements and when students should apply is provided in the sub-section of this document titled ‘Students adding a study abroad programme or work placement to their course’, under the heading ‘Assigning a CAS to a student who wants to extend their stay’. Students are permitted to undertake MBA and other academic business programmes and work placements as part of their course, including secondments to businesses.

6.5 Work placements must not be more than 33 per cent of the total length of the course in the UK.

6.6 Exceptions to the 33 per cent rule are:

a. Where the course is at degree-level or above and the student is:

• sponsored and taught by a HEP with a track record of compliance;

• studying at an overseas HEI in the UK and is studying a UK course which forms part of a study abroad programme; or

• enrolled at an HEI located overseas and is studying a UK course which forms part of a study abroad programme

In these circumstances, the work placement must not be more than 50% of the total length of the course.

b. Where there is a UK statutory requirement for the course to contain a specific period of work placement which exceeds this limit.

c. Where the student is sponsored under the Child Student route and is aged 16 or above, in which case the work placement must not be more than 50% of the total length of the course.

6.7 A student who is enrolled on a higher education course at an overseas higher education institution and comes to the UK to do part of their course can complete a work placement during their time in the UK. You can assign a CAS to cover the period of UK study and the work placement, if:

a. the student will study with a licensed Student sponsor for at least 50 per cent of the total time they spend on the course in the UK;

b. the work the student does will be an integral and assessed part of their overseas qualification; and

c. the student will work for an employer in the UK for no more than 50 per cent of the total time they spend on the course in the UK.

6.8 Students who are undertaking a course of study in music or dance at degree level or above, are able to undertake work placements which involve a professional performance, where the performance has been arranged by the sponsoring education provider and is an integral and assessed part of the course.

6.9 If you are Probationary Sponsor, you cannot offer courses to new Students that are below degree level and include a work placement.

6.10 You will be responsible for the student throughout the period of their work placement and must continue to comply with all your sponsor duties during this time.

6.11 We will take action against you if you offer courses with work placements to students and:

a. the work placement does not meet these requirements; or

b. the study element of the course is not taken in an education institution; or

c. you do not continue to fulfil your sponsor duties to monitor the student while they are on their work placement

Work that is not allowed

6.12 Students cannot work if they do not fit into any of the categories in the section above titled ‘Can a Student work and for how many hours?’.

6.13 If allowed to work, Students cannot:

a. be employed as a professional sportsperson (including a sports coach);

b. be employed as an entertainer;

c. be self-employed (except where the Student is awaiting a decision on an application, for permission as a Start-Up migrant, which is supported by an endorsement from a qualifying HEP with a track record of compliance;

d. engage in business activity; or

e. fill a full-time, permanent vacancy (except on a recognised foundation programme or as a Student Union Sabbatical Officer).

Professional sportsperson (including sports coach)

6.14 Students cannot be employed as a professional sportsperson (including a sports coach). This is defined as someone, whether paid or unpaid, who:

• is currently providing services as a sportsperson, playing or coaching in any capacity, at a professional or semi-professional level of sport;

• is currently receiving payment, including payment in kind, for playing or coaching that is covering all, or the majority of, their costs for travelling to, and living in the UK, or they have done so within the previous four years;

• currently registered to a professional or semi-professional sports team, who has been so registered within the previous four years. This includes all academy and development team age groups;

• has represented their nation or national team within the previous two years, including all youth and development age groups from under 17’s upwards;

• has represented their state or regional team within the previous two years, including all youth and development age groups from under 17’s upwards;

• has an established international reputation in their chosen field of sport;

• engages an agent or representative, with the aim of finding opportunities as a sportsperson, and/or developing a current or future career as a sportsperson, or has engaged such an agent in the last 12 months;

unless they are playing or coaching as an “Amateur” in a charity event.

6.15 The Home Office defines an “Amateur” in paragraph 6 of the Immigration Rules as “a person who engages in a sport or creative activity solely for personal enjoyment and who is not seeking to derive a living from the activity. This also includes a person playing or coaching in a charity game.”

6.16 The restrictions apply where a Student or Child Student is providing services as a professional, determined by the indicators listed above. Students and Child Students are permitted to play, participate or coach in grassroots/amateur sport, for instance at and for local and community teams, as well as at their Student sponsor, and in amateur competitions and leagues, such as those organised through British Universities and Colleges Sport (BUCS), providing they are doing so on a wholly amateur basis.

6.17 If a Student or Child Student is permitted to undertake a work placement as part of their course and wishes to undertake a sport-related placement, in certain circumstances this would be permissible. The work placement must be an integral and assessed part of the course and not involve filling a permanent vacancy. Additionally, a Student or Child Student would not be permitted to take up a role which requires them to play or coach sport as part of a work placement, unless they are doing so as an amateur.

6.18 In certain circumstances a Student may be offered a sports scholarship, to assist them in studying in the UK. If a Student is required to play or coach sport in exchange for receiving the scholarship, this activity is only permitted if the student is studying a course at degree level or above, at a Higher Education Institution with Student sponsor status and the scholarship has been awarded for playing or coaching sport at an amateur level for their Student sponsor or British Universities and Colleges Sport (BUCS). This will not be considered a breach of the ‘professional sportsperson’ restrictions which prohibits receiving payment, including payment in kind, for playing or coaching sport.

6.19 If the sports scholarship requires the Student to play or coach with a professional or semi-professional team, or where any of the other indicators of the definition apply to them, they will be considered to be employed as a professional sportsperson, as per the definition above, and undertaking such activity will be a breach of the employment restrictions regarding work as a professional sportsperson.

Self-employment and engaging in business activity

6.20 Students cannot be self-employed or engage in business activity unless they have made an application for permission as a Start-Up migrant, which is supported by an endorsement from a qualifying HEP with a track record of compliance and are yet to receive a decision on that application. This provides an additional period for preparation and development work before the Student makes the switch to the Start-Up visa route and establishes their business in earnest.

6.21 Everyone in the UK undertaking self-employed work must be registered with HMRC; Students must check HMRC guidance to see if they need to be registered as self-employed.

6.22 A Student will be considered to be engaging in business activity where they are working in a capacity other than an employee for a business in which the Student has a financial or other significant beneficial interest.

6.23 This would include the following:

• setting up a business as a sole trader or under a partnership arrangement and that business is either trading or establishing a trading presence;

• being employed by a company in which the Student holds shares of 10% or more (including where the shares are held in a trust for the Student); or

• working for a company where they also hold a statutory role, such as a director.

This is not an exhaustive list but provides examples of the types of circumstance in which a Student will be engaged in business activity.

If you have concerns about Students working illegally in the UK or who are otherwise breaching their conditions, you should ensure that you report such concerns to us. This is one of your duties as a sponsor.

7. Reporting changes to Student circumstances

This section gives information on:

• What you must report

• Information you do not have to report

• Academic engagement policy for higher education providers

What you must report

7.1 Sponsors must report on all Students and Child Students that they are sponsoring, even if they are:

a. On a course (including a pre-sessional course or a study abroad programme) at a partner institution or at another institution under an exceptional arrangement or teaching partnership; or

b. Doing a work placement that is part of their course; or

c. On a study abroad programme overseas that is part of their course, unless the sponsor has decided to end sponsorship during this period.

7.2 You must give us details of any third party, in the UK or another country that helped you to recruit international students. To do this, email [email protected]. We may take action against you if you fail to provide this information or any other information we request about your use of third parties.

7.3 You must retain records about any appeal which a student makes against refusal decisions. If a student’s appeal is successful and permission is granted, you must tell us if their start date is delayed and provide us with a new enrolment date. To do this, use the free text field on the sponsor management system. Please refer to the relevant sections in this guidance for more information on the Sponsor Management System, CAS and reporting student activity.

7.4 Sponsors must inform UKVI if anything they have reported through the SMS is incorrect and why it is incorrect.

7.5 The table below titled ‘Changes to student circumstances’ sets out all of the changes sponsors must report. Unless stated otherwise in the relevant section of the table, all reports should be made using the SMS, and should include the last recorded residential address and contact telephone number that the sponsor holds for the migrant. Sponsors should also include any email address they hold for the student, if they have one.

Changes to student circumstances table

a. If a student withdraws from their course before they travel to the UK

You must:

• Report it to us within 10 working days of you knowing about it

• Tell us if the student is joining another institution and the name and address of that institution if you know it.

b. If a student’s start date is delayed before they enter the UK but after they have been granted entry clearance

You must:

• Agree with the student whether they can still complete the course within the dates given on their visa. If they can, you need not report anything.

If they can’t, you must:

• Assign a new CAS

• Advise the student to apply to vary their leave to include a later finish date.

c. If a student does not enrol within the enrolment period.

You must:

• Report it to us within 10 working days of the enrolment period ending, including the reasons for non-enrolment, for example;

a) they missed their flight;

b) they decided not to come to the UK;

c) they delayed their enrolment;

d) they are doing a course with a different sponsor; or

e) we have refused them permission to come to, or stay in, the UK.

If we have refused a student permission to come to, or stay in, the UK, you do not need to report the non-enrolment as soon as you become aware of the refusal. The time-limit is still 10 working days from the date the enrolment period ends.

d. If you are a sponsor with Probationary Sponsor status

If you are a sponsor with Probationary Sponsor status and:

• you are a higher education provider and a student stops academically engaging; or

• you are not a higher education provider and a student misses 10 consecutive expected contact points

Examples of expected contacts include:

• attending formal academic or pastoral care activities including:

• a lesson, lecture, tutorial or seminar;

• a test, examination or assessment board;

• a meeting with a supervisor or personal tutor;

• a research-method or research- panel meeting, writing-up seminars or doctoral workshops;

• an oral examination(viva);

• an appointment with a welfare adviser or international student adviser;

• submitting;

  • assessed or unassessed coursework; or

  • an interim dissertation, coursework or report; and

  • registration (for enrolment or matriculation).

You must:

• Tell us, within 10 working days of the last expected contact point, or the date the student has stopped academically engaging, that you intend to withdraw sponsorship of that student

• Provide the name and address of any other sponsor the student has moved to, if you know it.

e. If you are a sponsor with Student Sponsor status

If you are a sponsor with Student Sponsor status and:

• you are a higher education provider and a student stops academically engaging; or

• you are not a higher education provider and a student misses 10 consecutive expected contact points

Examples of expected contacts include:

• attending formal academic or pastoral care activities including:

• a lesson, lecture, tutorial or seminar;

• a test, examination or assessment board;

• a meeting with a supervisor or personal tutor;

• a research-method or research- panel meeting, writing-up seminars or doctoral workshops;

• an oral examination(viva);

• an appointment with a welfare adviser or international student adviser;

• submitting;

  • assessed or unassessed coursework; or

  • an interim dissertation, coursework or report; and

  • registration (for enrolment or matriculation).

You can either:

• Report a tenth missed contact, or the date the student has stopped academically engaging whenever it occurs during the year; or

• Set two checkpoints during any rolling 12-month period. You must report any students who have stopped academically engaging or missed 10 consecutive expected contacts, without you reasonably giving them permission leading up to that checkpoint, and you are withdrawing sponsorship of the student.

f. If a student defers their studies after they have arrived in the UK and is no longer actively studying

You may continue to sponsor a student who has deferred their studies for up to a maximum of 60 days providing you can continue to carry out your sponsorship duties and the student will be able to complete their course within their existing period of permission. If you think the student will not resume their studies after 60 days, you must withdraw sponsorship.

In exceptional circumstances, such as serious illness or injury, you may continue to sponsor a student for longer than 60 days, providing the student can still complete their course within their existing period of permission when they resume their studies.

It is for you to decide whether you are prepared to continue sponsoring a student during a deferral and, if necessary, provide evidence to verify this decision to our compliance officers.

You must report that the student has deferred their studies within 10 working days of agreeing the deferral. If you withdraw sponsorship, the student’s permission to stay is no longer valid and you must advise them to leave the UK.

Once the student is ready to resume their studies, you must assign a new CAS and the student must reapply for a new visa.

g. If you are withdrawing a student from their course.

You must:

• Tell us within 10 working days of you knowing about the issue

• Tell us why, for example;

a) The student has not met your requirements

b) The awarding body stops running the course or stops trading.

If a student to whom you have issued a CAS intends to request administrative review of a decision to refuse their visa application, and you will continue to sponsor them if the refusal is overturned, do not withdraw sponsorship until the review has been concluded. Report such students as non-enrolments in accordance with row c. of this table, unless you are withdrawing sponsorship for other reasons.

h. If you stop sponsoring a student because they:

• commence a study abroad programme overseas and do not plan to return to the UK or you do not want to continue to be responsible for them while they are out of the UK

• move into a different immigration category with a different sponsor;

• move into an immigration category that does not need a sponsor; or

• complete the course sooner than expected.

You must:

• Tell us about it within 10 working days of knowing about the issue.

i. If there is a significant change in a student’s circumstances

These include:

• a change in where they study or do their work placement;

• a change of course; or

• anything that suggests that they are breaking the conditions of their permission to stay in the UK, such as working in breach of their conditions.

You must:

• Report the change to us within 10 working days of you knowing about it.

j. If you suspect that a student is not a genuine student.

You must:

• report this by e-mail to the Home Office as soon as possible. https://www.gov.uk/report-immigration-crime

k. If you are a Higher Education Provider

If you are a Higher Education Provider with a track record of compliance, and your sponsored student has both:

• successfully completed a course at GR. 5 of Appendix Graduate of the Immigration Rules;

• held Student permission for the relevant period as required by GR 6 of Appendix Graduate of the Immigration Rules.

You must:

make a report by bulk data transfer, or a workaround notification process agreed with UKVI of successful completion of the course against that student’s record.

While concessions around distance learning and eligibility for the Graduate route are in place, you must also assess whether a student has arrived by the relevant date if they have not held the minimum period of permission required but the concession on arrival dates applies.

This data will be used to assess matters such as: eligibility for any future application under the Graduate route made by the student; use of sponsor privileges by those with ‘track record’ status; the behaviour and trends of sponsored students at individual sponsors within the Student route; and to monitor uptake of the Graduate route.

Reports do not need to be made immediately upon the results of a course being known for individual students; both individual and bulk reporting is permitted.

Nil returns against this reporting duty are not required where sponsored students fail to meet the criteria above.

Successful completion reporting duty

7.6 To identify that an eligible sponsored student is eligible for the graduate route, you must satisfy yourself that the student has:

a) successfully completed their course;

b) met the qualification requirement;

c) met the requirement for studying in the UK.

By making a report, you will be confirming to UKVI that each of these requirements have been met by those students included in the report.

7.7 To satisfy 7.6(c), you may use one variable from Category 1 below as a query in your systems. If you are not able to do so or would prefer to use a variable in Category 2 to satisfy this requirement, this must be agreed with the Home Office. Reports made by sponsors in accordance with this requirement in good faith will be considered as complying with this reporting duty, provided they are based on accurate record keeping, in the event that individual students are found not to meet relevant Graduate route eligibility criteria for reasons that were not know to their sponsor at the time of making the notification.

Category 1:

• Evidence of entry into the UK

• Entry clearance stamp

• Evidence of in-person enrolment

• Student card pick up

• Collection of the BRP

Category 2:

• On campus status

• UK address

7.8 Where there is a requirement for the sponsored Student to enter the UK before a target date in order to meet the requirement for study in the UK, you must ensure that the data point in Category 1 or Category 2 is accurately recorded in your records.

7.9 You are permitted to confirm to your sponsored students whether or not they meet the criteria for reporting under this duty. However, you are not able to give advice to sponsored students about making an application under the Graduate route, as this is an unsponsored route and the exemption for sponsors on providing immigration advice does not apply to such applications.

Information you do not have to report

7.10 You do not need to tell us if:

a. you have given a Student permission to miss a contact or expected academic engagement event. One example would be if the Student was ill, or absent due to a pregnancy. There may well be other circumstances where you wish to give the Student permission to miss a contact or academic engagement event. It is for you to decide whether you are prepared to support an absence and, if necessary, provide evidence to verify this decision to our compliance officers;

b. you have decided not to withdraw sponsorship even though a Student has missed 10 consecutive contacts. This should be very rare and you must keep evidence of your decision and the reasoning behind it as our compliance officers will monitor these exceptions.

7.11 Case studies can be found as an annex to this document. They illustrate how the reporting options should be used in a range of circumstances. The case studies are to provide additional support and are not intended to be a definitive list of the circumstances you need to report.

7.12 Please ask us if you have any questions about your duties as a sponsor. You can email us at [email protected] or you can telephone us on 0300 1234699.

Academic engagement policy for higher education providers

7.13 All sponsors must ensure that sponsored students are academically engaging throughout the period of leave for which the students are being sponsored.

7.14 A student is academically engaging if they are actively and consistently following their course of study.

7.15 This guidance sets out the new academic engagement policy for higher education providers, which replaces the current attendance monitoring policy for such sponsors. Sponsors which are not higher education providers must continue to ensure that their sponsored students are academically engaging by applying the current attendance monitoring policy, set out at rows d. and e. of the ‘Changes of student circumstances table’.

7.16 The change for higher education providers took effect from 5 October 2020.

7.17 Current attendance monitoring policies which meet the attendance monitoring policy requirements will also meet the requirements of the new academic engagement policy.

7.18 Sponsors which are higher education providers must monitor and review students’ academic engagement according to the requirements set out in the Bands below and, for deferral of studies, in the “Changes to student circumstances table”.

7.19 Where a sponsored student fails to meet the minimum requirements as set out in this guidance for Band 1, or to meet the requirements of the sponsor’s own academic engagement policy in Band 2, the sponsor must annotate the student’s record with the reason for the lack of academic engagement and the steps taken to ensure the student re-engages with their study.

7.20 Where the student fails to re-engage with their studies within 60 days (30 days for distance learning) of the first contact from their sponsor regarding their lack of academic engagement, the sponsor must withdraw sponsorship except in exceptional circumstances (see row f. in the “Changes to student circumstances table” for examples of exceptional circumstances).

Academic engagement requirements for higher education providers

Band 1 – Study at a higher education provider at RQF level 5 (SCQF 8 and equivalents) and below

7.21 Each student in this band must be required to attend a minimum of 15 hours of daytime (08:00 to 18:00, Monday to Friday) classroom-based study per week. Where the student has not reached 85% attendance of their classroom- based study in any given month, the sponsor must review the reason for the student’s absence. The student’s record must then be annotated with the reason for the non-attendance and the steps being taken to improve the student’s attendance.

7.22 Where a student’s attendance falls below 70% for three consecutive months, the sponsor must withdraw sponsorship due to lack of academic engagement unless there are exceptional and evidenced reasons for the non-attendance (e.g. illness).

Band 2 – Study at a higher education provider at RQF 6 (SCQF 9/10 and equivalents), RQF 7 (Taught and Research) (SCQF 11 and equivalents), and RQF8 (SCQF 12 and equivalents)

7.23 The sponsor must have a single academic engagement policy in place that applies consistently to international students across their institution. This can be the same policy that applies to home students, although there is no requirement or expectation that home students are to be included. The policy may differentiate between levels of study (for instance, doctoral and masters by research students may have their engagement recorded in a different way to undergraduates).

7.24 Academic engagement in band 2 is indicated by activities such as:

• Attending required lectures, seminars or tutorials

• Undertaking required laboratory work

• Undertaking research or fieldwork

• Submitting essays, assignments and attending examinations.

7.25 This is not an exhaustive list and not all courses will contain all these study elements. It is the sponsor’s responsibility to decide which study elements are required for a given course and constitute academic engagement and what minimum level of engagement is required for each element.

7.26 The sponsor must be able to produce its academic engagement policy on request and demonstrate:

• how it is being applied

• that systems are in place to monitor academic engagement

• what information is being recorded to confirm that students are academically engaging

• what actions are expected when a lack of academic engagement is identified

• the maximum period of non-engagement before intervention takes place does not exceed 60 days in duration (30 days for students studying by distance learning), excluding post-graduate research and doctoral students

• that they have a robust system in place to identify any student who has ceased to engage with their studies and the action they will then take to support the student to re-engage

• that they have a clear policy on when non-engagement will lead to withdrawal of sponsorship.

7.27 The academic engagement policy must set out the sponsor’s policy for retaining contact with students:

• on work placements/research programmes/field research trips if the student is studying at RQF Level 6 or above

• on Postgraduate Doctor or Dentist courses

• on study-abroad programmes (outward from the UK)

• during dissertation periods, where the student has no taught elements during this period

• whilst undertaking official roles as Student Union sabbatical officers

7.28 Sponsors must also notify UKVI and withdraw sponsorship where a student has deferred their studies for more than 60 days, unless the exceptional circumstances set out in the “Changes to student circumstances table” apply.

Band 3 – Exceptions

7.29 During the following periods, the sponsor is not required to monitor academic engagement of their students in any way for immigration purposes:

• During vacation periods

• During the post-study period

• Whilst the student is on the Doctorate Extension Scheme

Study at more than one level

7.30 When the student’s course of sponsored study involves study at more than one level, sponsors must apply the most appropriate academic engagement band for each level of study.

Examples

1) Student is studying a pre-sessional course (RQF3) at one provider followed by an undergraduate degree (RQF6) at a different provider.

Apply band 1 for the pre-sessional and band 2 for the remaining course.

2) Student studying a year-long foundation year programme (RQF 5) before moving onto a degree programme (RQF 6) at the same provider.

Apply band 2 to all study.

Covid-19 and academic engagement

7.31 Students who are no longer attending classroom based learning or work placements as a result of moving to a distance learning model due to Covid-19, or are absent as a result of Covid-19 related illness or travel, will not be able to meet any requirements to attend physical contact points under a sponsor’s duty to monitor academic engagement. Missing expected physical contact points for these reasons does not constitute lack of academic engagement.

7.32 Distance or blended learning is only permitted for sponsored students as set out, and until the expiry date in, the Covid concessions guidance, provided they will transition to face-to-face learning as soon as circumstances allow. Where a student is studying by distance learning, including study overseas, where possible sponsors should use expected online contact points such as logging into online learning portals, attending virtual lectures and tutorials, and online submission of coursework to monitor academic engagement. If a student stops engaging with their distance learning for more than 30 days, whether overseas or in the UK, and fails to re-engage with their studies within another 30 days following intervention, their sponsor must withdraw sponsorship.

7.33 We will not take action against sponsors who are unable to monitor online contact or engagement points due to practical or technical limitations. Sponsors are not required to withdraw sponsorship when students are absent from studies, including online studies, due to Covid-19. If a student has stopped attending their online studies for other reasons, the normal academic engagement policy applies to online learning. For the current Covid-19 concessions see the Covid-19 guidance.

8. Maintaining Educational Oversight

8.1 All sponsors must continue to meet Educational Oversight requirements.

Statutory education inspections

8.2 Where a sponsor is subject to a statutory education inspection, there will be a planned schedule of reviews, within which the Educational Oversight body may decide that additional scrutiny is necessary, in accordance with its statutory obligations.

8.3 All sponsors must achieve and maintain one of the required ratings set out in Document 1 of the Student Sponsor Guidance (‘Applying for a Student sponsor licence’) following a statutory education inspection (or an Educational Oversight inspection, if this is required). If a Student sponsor fails to achieve the required rating in a statutory education inspection, its CAS allocation will be set to zero until it achieves the required rating in a subsequent inspection^{[footnote 3]}.

Student Educational Oversight inspections

8.4 Private providers and overseas HEIs must have a Student Educational Oversight inspection when their circumstances change significantly, or at least every four years. They must apply to the relevant Educational Oversight body in the fourth year after their last Student Educational Oversight inspection.

8.5 In order to retain their Student sponsor licence, they must achieve the required rating, as set out in Document 1 of the Student Sponsor Guidance.

8.6 If a private provider or overseas HEI fails to apply for an Educational Oversight inspection in time, or fails to achieve a required rating, its CAS allocation will be set to zero until it achieves the required rating in a subsequent inspection.

Additional checks on private providers

8.7 Educational Oversight bodies will conduct the following additional checks on private providers during the four-year period to ensure that educational quality standards are being maintained:

• a monitoring visit where there is a material change in circumstances, or either UKVI or the relevant Educational Oversight body consider it to be necessary; and

• an interim health check every year, or every two years if the provider is considered to meet the highest educational standards.

8.8 Educational Oversight bodies will also conduct an additional check if they have received complaints about academic standards or quality, or there are other serious concerns about a provider’s ability to effectively maintain academic standards.

8.9 Following a monitoring visit or an interim health check, should an Educational Oversight body wish to conduct an Educational Oversight inspection on a private provider, the Educational Oversight body will notify UKVI immediately. The sponsor’s CAS allocation will be set to zero until it achieves the required rating.

Material change in circumstances

8.10 A material change in a private provider’s circumstances will trigger a monitoring visit by the relevant Educational Oversight body or a full /partial Student Educational Oversight inspection. Private providers must inform the relevant Educational Oversight body within 28 days of meeting one of the triggers. If UKVI become aware that a private provider has failed to do so within 28 days, it will have its CAS allocation set to zero pending the outcome of a monitoring visit or a full/partial Educational Oversight assessment.

8.11 The following material changes in circumstances will always trigger a monitoring visit:

• a change of address;

• the acquisition of a new building;

• an extension of premises with an increase in capacity by 25 per cent or more;

• a change of legal or trading name;

• a change of principal and/or proprietor or equivalent;

• a change of 20 per cent or more of permanent teaching staff;

• a change of 30 per cent or more on the type of provision/courses offered, including changes or awarding body/organisation;

• a change in the age range of students (from 18+ to under 18s) for the first time; or

• a change in accommodation arrangements for students (from not directly owning and managing to directly owning and managing accommodation).

8.12 The following table sets out material changes in circumstances that will always trigger either a monitoring visit, or a full/ partial Student Educational Oversight inspection.

Fewer than 50 students

• an increase in total student numbers (international and domestic) of more than 50 students;

• a new site;

• a merger with another provider; or

• a change of 50 per cent or more on the type of provision/courses offered, including changes of awarding body/organisation.

50 or more students

• an increase in total student numbers (international and domestic) by more than 20 per cent or 100 students, whichever is greater;

• a new site;

• a merger with another provider; or

• a change of 50 per cent or more on the type of provision/courses offered, including changes of awarding body/organisation.

8.13 Additionally, providers should notify their Educational Oversight body if their financial circumstances or management and governance arrangements have changed since the initial assessment was carried out. Such changes include, but are not restricted to, changes of ownership, changes of directors or beneficial interest, and changes in financial support provided by a parent company or other financial backer. The Educational Oversight body reserves the right to require an additional check to be carried out to provide ongoing assurance of a provider’s financial sustainability management and governance.

8.14 In addition, Educational Oversight bodies will decide whether they consider any other changes to be material for these purposes.

8.15 Where there is a takeover involving two existing Student sponsors with one being incorporated as a going concern, we will consider whether new Educational Oversight is required on a case by case basis. In considering this, we will take into account the sponsors’ respective track records, the circumstances of the takeover and changes or personnel.

9. Reporting changes to an institution

This section gives information on:

• Changing your sponsor details

• Change of circumstances form

• Mergers, takeovers and similar changes

• What happens if a sponsor becomes insolvent

Changing your sponsor details

9.1 Sponsors must report any changes which may affect their Student sponsor licence.

9.2 UKVI may ask for more details and documents in relation to the change. There are also functions within the SMS to amend minor details for existing users such as e-mail addresses, telephone and fax numbers and immigration status.

9.3 In most cases, a sponsor’s Level 1 user must use its SMS account to notify UKVI of the changes. In some limited circumstances, where it is not possible to use the SMS to notify UKVI of a change, sponsors must use a change of circumstances form. Please see the section below titled ‘Change of circumstances form’ for more information.

9.4 Sponsors must notify UKVI of the changes set out in the following table. UKVI may ask to see any evidence needed in relation to the change.

Changes to sponsor circumstances table

a. Changes to key personnel

If you replace your authorising officer and/or key contact; or

You need to amend the details of your existing authorising officer and/or key contact; or

You replace your existing Level 1 user; or

You want to add another Level 1 user; or

You need to amend the details of your existing Level 1 user.

You must:

• Use the SMS to notify us as soon as possible

• Give all the details of the new Key Personnel

We will conduct checks on all people nominated to these roles and will not accept a nominated person who does not meet our requirements.

Changes to the address of your authorising officer, key contact or a level 1 user may take effect automatically, if their new address matches your main or head office address, or the address of your representative for a key contact or level 1 user.

We will write to you if you are enabled to make these or any other changes automatically.

b. If you change your address and/or change your name

You must:

• Use the SMS to notify us as soon as possible

• Give us the details

• Tell us why you are changing address and/or name

We will need to understand exactly why you are changing your name because in some circumstances, you may have to apply for a new licence. For example, if the only reason you are changing your name is because you are incorporating yourself for the first time, having not been incorporated in the past, and nothing else at all is changing other than your name, we can change the name on your licence. However, if there are also changes to your structure, for example if you are involved in a merger or takeover, you must read the section of this guidance that covers mergers and takeovers and it is possible that you may have to apply for a new sponsor licence.

Changes to your main or head office address may take effect automatically, but you will still need to send us a completed submission sheet and any required supporting evidence. We will assess these changes and may require more information from you.

We will write to you if you are enabled to make these or any other changes automatically.

c. Changes to sites

If you would like to add or remove a site, exceptional arrangement or teaching partnership (as set out in Document 1 of this guidance) to your sponsor licence. You must also report any material changes^{[footnote 4]} to such a site, exceptional arrangement or teaching partnership.

Adding a site, exceptional arrangement or teaching partnership

You must use the SMS to notify us:

• Give us the full details of the site, exceptional arrangement or teaching partnership you wish to add to your sponsor licence. The information must comply with the requirements in the section titled ‘Sponsor checklist for supporting documents’ in Document 1 of this guidance.

• Provide us with any additional information that we ask for to help us reach a decision on your application within 10 working days of our written request for information.

• Notify your approved Educational Oversight body that you would like to make this addition to your sponsor licence (and provide us with confirmation of this) and take any steps required by that body to maintain your Educational Oversight. You must ensure that any teaching partner, exceptional arrangement or site you wish to add to your licence meets the Educational Oversight requirements set out in this guidance.

You must also be able to demonstrate you meet the requirements of the section titled ‘Sites and teaching partnerships’ of Document 1 of this guidance, including the relevant specific conditions for the category of site, exceptional arrangement or partnership you would like to add, as specified in Tables 1, 2 and 3 of that section.

We may refuse your request to add a site, exceptional arrangement or partnership to your licence if you fail to provide the information we require to reach a decision or if we consider that your request is not suitable.

To assess the suitability of your request, and decide whether to grant or refuse it, we will assess whether you have systems that enable you to meet your sponsor duties in respect of students you would like to teach at the site, exceptional arrangement(s) or teaching partnership(s) you wish to add to your sponsor licence. We will also consider whether you, or any of the sites or institutions involved in the teaching partnership or exceptional arrangement you wish to add on your licence, have failed to comply with the Immigration Rules or our sponsor guidance in the past.

We will verify your application and the documents you have provided with it, especially if we have reasonable doubts about them, in line with the section titled ‘Document checks’ in Document 1 of this guidance.

We may visit your existing site(s), or the new site or any of the institutions involved in the exceptional arrangements or teaching partnerships you wish to add and carry out compliance checks as part of the pre- assessment process before making a decision on your application. Our visits may be announced or unannounced. These checks will be conducted in line with the section titled ‘Compliance checks’ in Document 1 of this guidance.

Removing a site, exceptional arrangement or teaching partnership

You must use the SMS to notify us:

• Give us the full details of the site, exceptional arrangement or teaching partnership you wish to remove from your sponsor licence.

• You must notify us within 20 working days of ceasing to use the site, or ending the exceptional arrangement or teaching partnership.

• You must provide details of any students that you are sponsoring at the site, under the exceptional arrangement or under the teaching partnership and whether those students will be ceasing their studies or transferring to another site or course.

Reporting material changes to a site, exceptional arrangement or teaching partnership

You must use the SMS to notify us:

• Give us the full details of material change to the site, exceptional arrangement or teaching partnership.

• You must notify us within 20 working days of the material change to the site, exceptional arrangement or teaching partnership.

d. If you appoint a new principal or change owners

You must:

• Use the SMS to give us their names within 20 working days of the change.

If you do not, we will revoke your licence.

e. If you have a criminal prosecution pending, or you are convicted of a relevant offence

You must:

• Use the SMS to give us details of the pending prosecution or the conviction as soon as you know about it.

For more information on the action we will take, please see the sponsor guidance document titled ‘Student sponsor compliance’.

f. If there is a change in status of any registration by a governing body that you are required to hold including changes to your Educational Oversight

You must:

• Use the SMS to inform us and give full details of the change, within 20 working days of the change.

g. Changes to the business

If you have sold all or part of your business;

or

You are involved in a merger or takeover.

You must:

• Use the SMS to inform us within 20 working days of the change.

If you do not, we will take action against you which could also lead to your students having their permission curtailed.

Please also see the section below titled ‘Mergers, takeovers and similar changes’ for more information.

h. Insolvency

If you become insolvent and

• go into administration (including special administration) or administrative receivership (receivership in Scotland);

• enter into a Company Voluntary Arrangement (CVA) or Debt Arrangement Scheme (DAS);

• go into liquidation or sequestration is awarded; or

• become bankrupt

You must:

• Use the SMS to notify us within 20 working days of:

1. going into administration or receivership

2. the CVA or DAS being agreed

3. ceasing trading

4. entering an Individual Voluntary Arrangement (IVA) or DAS

5. being issued a bankruptcy order

• tell the administrator/receiver that you are a licensed sponsor

• tell us who has been appointed as the administrator within 20 working days of them being appointed.

• nominate the insolvency professional appointed as administrator or receiver as your authorising officer

• tell us if the CVA, IVA or DAS has resulted in a change of ownership

Please see the section below titled ‘What happens if I become insolvent?’ for more information on what other action you need to take in these circumstances and what impact the changes will have on your licence.

i. If you want to appoint, remove or change a representative

You must:

• Use the SMS to give the details of the representative you want to appoint/remove/add.

j. If you want to, or are required to, surrender the whole or part of your licence

You must:

• Use the SMS to notify us as soon as possible

Please see the section titled ‘Surrendering your licence’ for more information.

k. If you are subject to a civil penalty

You must:

• Use the ‘Request any other changes to your licence details’ part of the SMS to give the details of the civil penalty as soon as you know about it. For more information on the action we will take, please see the section titled ‘Compliance’.

l. If you become an academy or a school maintained by a local authority

You must:

• Use the SMS to notify us as soon as possible and provide us with details of the conversion

At the point you become an academy or school maintained by a local authority, your CAS allocation will be set to zero and you will not be allowed to sponsor any new students. Any CAS assigned prior to the conversion may still be used to support a visa application. We will also process any visa application supported by a CAS that you have assigned, which has been made but not yet been decided at the point you become an academy or school maintained by a local authority.

Students or Child Students (including Tier 4) already studying with you at the time of the conversion may complete their current course of study but may not commence a new course with you.

You must continue to fulfil your sponsor duties, including reporting on your students and applying for a Basic Compliance Assessment, until you have taught out your existing Students or Child Students, after which you must surrender your licence.

9.5 When you submit the changes, UKVI will tell you what documents you must send as evidence of the changes. For some changes, for example replacing your authorising officer or surrendering your licence, you will also have to sign a short declaration.

9.6 For some changes in circumstances you will have to complete more than one action on the SMS. For example, if you notify UKVI of a change to your organisation address, you may also need to notify it of a change to the working address for your Key Personnel. You must request each change separately.

9.7 When you use SMS to notify UKVI of a change, the system will produce a submission sheet if we need a signed declaration and/or any evidence to validate the request.

Change of circumstances form

9.8 Where a sponsor needs to notify UKVI that it wishes to:

• replace the Level 1 user;

• replace the key contact or authorising officer; or

• appoint a representative;

and there is no other SMS-user to do this on the SMS (for example when the previous Level 1 user was the only SMS user and has left the organisation), it must complete a change of circumstances form. This is available on the GOV.UK website using the following link: https://www.gov.uk/government/publications/sponsor-change-of-circumstances-form

9.9 UKVI will contact the sponsor to tell them what evidence to submit, if any is needed.

Mergers, takeovers and similar changes

9.10 This section explains what you must do if you are involved in a merger, takeover, de-merger or other similar change, for example if you sell all or part of your business, or the controlling number of shares in your business. It also explains what you must do if you are taken over in full or in part by another organisation and some of your students transfer to that organisation or, as an existing sponsor, you carry out a de-merger and some students transfer to a new organisation.

9.11 Your sponsor licence is not transferable and what happens to your sponsor licence will depend on whether you:

a. sell all or part of, or the controlling number of, the shares in your business or organisation;

b. are being taken over completely or in part by another organisation; or

c. are splitting out to form new organisations.

9.12 A change in the ownership of an institution will take place if the change is to the business, organisation or individual that directly owns the institution. A change in ownership will also take place if the institution is part of a wider corporate group and there is a change at any point in the chain of ownership (for instance at the parent company level, ultimate parent company level or any parent company in-between) and this affects the institution’s day-to-day operations, governance or any other sponsor licensing related matters.

9.13 You must report a merger, takeover, de-merger, change of ownership or other similar change within 20 working days by notifying us using the SMS. If you fail to do so, we will take action against you. Any action we take could also lead to the students involved having their permission cancelled (curtailed).

9.14 If there is a change in ownership of your organisation or business, for example if it is sold as a going concern or a share sale results in the majority number of shares being transferred to a new owner, we will revoke your sponsor licence. The new owners of the business must then apply for a new sponsor licence (unless they already have one) if they wish to continue teaching any migrants that you were sponsoring before the change of ownership. This will be considered in accordance with this guidance.

9.15 Your Level 1 user must report the merger, takeover, de-merger or change of ownership or other similar change. If that person is no longer available because you have been completely taken over or merged into another organisation, we will accept the report from the authorising officer at the new sponsor organisation. Once you have reported the change, we will ask for (and check) documents to support the change you are reporting. These may be different or additional to documents we have listed in this guidance. We may contact your authorising officer for confirmation of details of the takeover or merger at a later date if we feel it is necessary to do so.

9.16 A student studying at an organisation involved in a merger, de-merger or takeover does not need to apply for new permission to stay and the new sponsor does not have to assign a new CAS.

Complete takeovers and mergers

9.17 If you are being completely taken over or merged into another organisation and your sponsored students are transferring to a new organisation you must:

a. report the change to us within 20 working days, using the SMS. Include details of any students who will transfer to the new organisation.

b. report any students who will not transfer to the new sponsor. We will cancel their permission to stay in the UK. If the student received their permission to stay on the basis of a CAS, make the report using the SMS and if it was on the basis of a visa letter email [email protected].

c. confirm if you need to surrender your sponsor licence by using the SMS or, if you do not have any active Level 1 users, by using the change of circumstances form.

9.18 If you have completely taken over, or merged with, another sponsor organisation and their sponsored students are transferring to you, you must:

a. Make a valid application for a sponsor licence, if you do not already have one, within 20 working days of the change. If your application is unsuccessful or you fail to apply, we will cancel the permission to stay of all students who were due to transfer to you; or

b. if you already have a sponsor licence, report the change, including details of any students for whom you have accepted full sponsorship responsibility.

9.19 You cannot use the SMS to apply for an increase in your current allocation of CAS if you already have a sponsor licence and expect to sponsor more students in the future as a result of the takeover or merger. You must wait for the point at which you renew your annual CAS allocation.

9.20 If you ask us, we will give you access to the original sponsor’s licence on the SMS, so that you can report activity for the sponsored students who have moved.

Partial takeovers and mergers

9.21 This section explains what you must do if an organisation takes over part of an existing sponsor organisation, or if part of an existing sponsor organisation splits away to form a new organisation, and at least some sponsored students will transfer to the new organisation.

If you are the existing sponsor and no longer need or want your sponsor Licence

9.22 If you are the existing sponsor, and the change means that you will no longer have any sponsored students, you must report the change to us (including details of all students who will transfer to the new organisation) within 20 working days of it taking place, by emailing [email protected].

9.23 You may surrender your licence if you wish. You can do this using the SMS or, if you have no active Level 1 users, by using the sponsor change of circumstances form, but only if you no longer have any sponsored students of your own. If you surrender your licence but then need to sponsor students again in the future, you will need to apply for a new sponsor licence.

9.24 If you are left with no sponsored students, but are not sure if you will need to sponsor any new students in the future, you may choose to keep your licence. If you do keep your licence, we will reduce your current allocation of CAS to zero.

If you are the new organisation and the existing sponsor does not need or want its sponsor licence

9.25 You must make a valid application for a sponsor licence, if you do not already have one, within 20 working days of the change. If your application is unsuccessful, we will cancel the permission to stay for all students who were due to transfer to you.

9.26 You cannot use the SMS to apply for an increase in your current allocation of CAS, if you already have a sponsor licence and the change means that you may need to recruit more students in the future. You must wait for the point at which you renew your annual CAS allocation.

9.27 You must report the change, including details of any students for whom you have accepted full sponsorship responsibility.

9.28 As the new sponsor, you will not be able to report in the usual way on the students who have transferred from the original sponsor organisation because you will not have an SMS record for them. However, you must email [email protected] giving the following details:

a. The original sponsor organisation’s name;

b. The original sponsor organisation’s licence number (if known);

c. The student’s details; and

d. Details of what you want to report (for example, if the student has missed 10 expected consecutive contacts and you have withdrawn sponsorship as a result).

If you are the existing sponsor and still need your licence

9.29 You must:

a. report the change (including details of any students who will transfer to the new organisation) to us within 20 working days of it taking place by using the SMS.

b. tell us if you need to reduce your annual CAS allocation.

c. continue to report as usual on any sponsored students who are still enrolled, although you will no longer have any responsibility for reporting on students who have moved to the new organisation.

9.30 If you do not know whether or not you will sponsor any more students in the future, we will reduce your current allocation of CAS to zero.

If you are the new organisation and the existing sponsor still needs its Licence

9.31 You must make a valid application for a sponsor licence, if you do not already have one, within 20 working days of the change. If your application is unsuccessful, we will cancel the permission to stay for all students who were due to transfer to you.

9.32 You cannot use the SMS to apply for an increase in your current allocation of CAS, if you already have a sponsor licence and the change means that you may need to sponsor more students in the future. You must wait for the point at which you renew your annual CAS allocation.

9.33 You must report the change, including details of any students for whom you have accepted full sponsorship responsibility.

9.34 As the new sponsor, you will not be able to report in the usual way on the students that have transferred from the original sponsor organisation, and whose permission to stay has been granted on the basis of a CAS, because you will not have an SMS record for them.

9.35 However, you must email [email protected] giving the following:

a. the original sponsor organisation’s name;

b. the original sponsor organisation’s licence number (if known);

c. the student’s details; and

d. details of what you want to report (for example, if the student has missed 10 consecutive expected contacts).

Publicly funded college mergers – licensing and educational oversight requirements

9.36 Each newly merged college will continue to be assessed for Student sponsor licensing purposes on a case-by-case basis depending on the type of merger:

• for Type A mergers (a double or triple dissolution plus a new incorporation) a new licence will be required. All sponsored students will need to be transferred to the new licence.

• for Type B mergers (a single dissolution), if the college that is continuing already holds a Student sponsor licence this can be transferred to the merged college. All sponsored students will need to be transferred onto this licence.

9.37 Please refer to the guidance above in paragraphs 9.10 – 9.35 for details on the processes you must follow if you are involved in a merger.

9.38 If you are a Student sponsor with the required Educational Oversight grade/rating as set out in Document 1 of the Student and Child Student Sponsor Guidance (‘Applying for a Student sponsor licence’) and are involved in a Type B merger, whereby you are taking over another college, you will meet the Home Office’s Educational Oversight requirements. You will continue to meet the requirements as long as the required Educational Oversight grade/rating is maintained and/or until the merged college achieves one of the required ratings set out in Document 1 of the Student and Child Student Sponsor Guidance following a statutory education inspection (or a Student Educational Oversight inspection, if this is required).

9.39 If you are a Student sponsor and are involved in a Type B merger, whereby you are taken over by another college that does not hold a Student sponsor licence but has the required Educational Oversight grade/rating, your CAS allocation will be zeroed. The merged college can apply for a new Student sponsor licence as it will meet the Home Office’s Educational Oversight requirements. All sponsored students will need to be transferred onto the new licence.

9.40 If you are a Student sponsor and are involved in a Type B merger whereby you are taken over by another Student sponsor your CAS allocation will be zeroed.

9.41 If you are involved in a Type A merger, each college that is dissolving must already hold the required Educational Oversight rating/grade set out in Document 1 of the Student and Child Student Sponsor Guidance following a statutory education inspection (or an Educational Oversight inspection, if this is required) to be eligible to apply for a Student sponsor licence.

9.42 If any of the colleges involved in a Type A merger do not currently hold the required Educational Oversight rating/grade, the merged college cannot apply for a Student sponsor licence until it achieves one of the required ratings set out in Document 1 of the Student and Child Student Sponsor Guidance following a statutory education inspection (or a Student Educational Oversight inspection, if this is required).

9.43 If you are a current Student sponsor and are involved in a Type A merger where the college(s) you are merging with do not hold the required Educational Oversight rating/grade, you your CAS allocation will be zeroed and you will need to surrender your licence once your last student’s permission expires.

What happens if the institution become insolvent?

9.44 You must notify us as described in the section above titled ‘Changing your sponsor details’.

9.45 The insolvency professional appointed as the administrator or receiver must be appointed as your authorising officer. This can be done in one of two ways:

a. If the administrator or receiver is content for your named Level 1 user to remain in that role, then the Level 1 user can use the request change of circumstances function within your SMS account to replace your existing authorising officer.

b. If the administrator or receiver does not want your existing Level 1 user to continue to access your SMS account, they must complete a change of circumstances form to appoint themselves as your new Level 1 user. They must write ‘In Administration’ across the top of the Change of Circumstances form so we can ensure that it is dealt with as quickly as possible. Once we have approved that change and they have access to SMS, they can then appoint themselves as the new authorising officer using your SMS account.

9.46 The administrator or receiver must also decide whether they are content for your existing SMS users to continue accessing your SMS account or if they want to replace them.

9.47 There are different ways in which you can come out of administration (including special administration), or administrative receivership (receivership in Scotland) and some of these will have an impact on your continuing permission to hold a sponsor licence. The deciding factor will be whether or not you continue to own your business.

Company Voluntary Arrangement (CVA) or Debt Arrangement Scheme (DAS)

9.48 If you enter into a CVA, you must tell us within 20 working days of this being agreed and also tell us if it has resulted in a change of ownership. Where there is a change of ownership, we will treat this in the same way as if you had simply sold your business and we will revoke your sponsor licence. If you are sponsoring anyone at the point where ownership changes and the new owner wishes to continue sponsoring them, the new owner must apply for a sponsor licence within 20 working days of the day they took ownership.

9.49 If the CVA amounts to an agreement with your creditors, but no change in ownership, then you can continue to hold your sponsor licence. You can also remove the administrator from the position of authorising officer and appoint either your original authorising officer or a new one. You must do this using your SMS account.

If you enter into a Debt Payment Programme under DAS and there is no change in ownership, you can continue to hold your sponsor licence.

Liquidation or Sequestration

9.50 If you go into voluntary or compulsory liquidation you must tell us within 20 working days of the date you cease trading. If sequestration has been awarded or if you have signed a Trust Deed and either of these means you cease trading, you must tell us within 20 working days of the date you cease to trade. If you or any appointed insolvency professional cannot access your SMS account to report this, either you or your appointed insolvency professional must email us at [email protected]. We will then revoke your sponsor licence.

Sole Traders

9.51 If you are a sole trader and you enter into an Individual Voluntary Arrangement (IVA) or a Debt Arrangement Scheme (DAS), in connection with your business, you must tell us using your SMS account within 20 working days. If your IVA or DAS amounts to an agreement with your creditors where you remain as the sole owner of your business and you can continue to trade, you must also tell us about this. If this happens, you can keep your sponsor licence.

9.52 If your IVA or DAS results in your business being sold, you must tell us about this within 20 working days. We will then revoke your sponsor licence. If you are sponsoring anyone at the point where your business is sold and the new owner wishes to continue sponsoring them, the new owner must apply for a sponsor licence within 20 working days of the day they took ownership.

9.53 If you are a sole trader and a court issues a bankruptcy order against you, or sequestration has been awarded, you must tell us within 20 working days of this happening. You will not be able to do this using your SMS account because you will not be permitted to access it. Instead you must e-mail us at [email protected] to tell us about this and you must tell us the date you ceased trading.

We will then revoke your sponsor licence.

10. Annual Student sponsor activities

This section gives information on:

• Your annual CAS allocation

• Renewing your Student sponsor status

Your annual CAS allocation

10.1 You can apply for your annual CAS allocation using your SMS account. If you assigned 50 or more CAS in the previous year, you can apply for an increase in your CAS allocation of up to 50 per cent of your previous year’s CAS allocation. If you assigned fewer than 50 CAS in the previous year, you can apply for any reasonable increase.

10.2 If your request would increase your current student body by 20 per cent or more, your request may trigger an Educational Oversight inspection. We will not take a decision on your request until we have received a report from your Educational Oversight body.

10.3 When considering your request to renew your annual CAS allocation, we will take a number of factors into account, including but not limited to:

• Evidence that you have provided to support your request.

• Any agents that you use to recruit international students, where they have been linked to immigration abuse in the past.

• The number, type and level of courses provided by your organisation.

• The student-teacher ratio in classes for the courses you provide.

• The number of students currently studying at your organisation.

• The number of academic (teaching) staff your organisation employs on a full-time basis.

• The total student capacity of your premises and any capacity restriction written in to your planning permission.

• The length of time that you have been operating.

• Your history of compliance with the Immigration Rules and sponsor guidance.

• Your Educational Oversight report.

UKVI will take a pragmatic and flexible approach when considering CAS allocation requests where sponsors require additional CAS to allocate to EEA nationals.

10.4 We may ask you for further information and a compliance officer may visit you before we take a decision.

10.5 If we grant fewer CAS than you requested this may be because:

• you have a history of non-compliance;

• you cannot justify the number you requested; or

• we do not consider your request to be credible based on your current circumstances.

10.6 Once we take a decision, we will add your CAS allocation to your SMS account, and give you 12 months to assign the CAS. After that time, any unassigned CAS will expire. You may not apply for additional CAS during this period but UKVI will retain discretion to grant additional CAS on an exceptional basis.

10.7 We may review your annual CAS allocation at any point, and reduce it, including setting it to zero. We may do this if your circumstances change or we believe that you are not complying with your sponsorship duties. We will write to you if we do this and take into account any representations you make.

Requesting a provisional CAS allocation

10.8 You may request a provisional CAS allocation if your request to renew your annual CAS allocation has triggered an Educational Oversight inspection or if you are a Probationary Sponsor and your Basic Compliance Assessment is being considered.

10.9 We may grant a provisional CAS allocation on an exceptional basis, until a decision is taken on your request to renew your annual CAS allocation or your Basic Compliance Assessment.

10.10 Your provisional CAS allocation will not exceed your previous CAS allocation, and may be less than your previous CAS allocation.

10.11 If you are a Probationary Sponsor and your Basic Compliance Assessment is pending, your provisional CAS allocation will not exceed the amount of unassigned CAS that you held in the previous 12 months. If you do not have any unassigned CAS or you assign your provisional CAS allocation whilst your Basic Compliance Assessment is pending, you may only apply for additional CAS to be added to your provisional CAS allocation in order to extend the leave of an existing student.

10.12 Your provisional CAS allocation will be deducted from your final CAS allocation, once that is decided.

Applying for an annual Basic Compliance Assessment

10.13 You must apply for a Basic Compliance Assessment every 12 months^{[footnote 5]}(#bookmark73). This is an opportunity for you to demonstrate that you have met our core requirements over the past 12 months, and can continue to retain a Student licence.

10.14 Information on this can be found in Document 3 of the Sponsor Guidance in the section titled ‘Basic Compliance Assessment’.

11. Renewing a Student sponsor licence

This section gives information on:

• Key information

• How to renew your Student sponsor licence

• How the application process works

• Timing your Student sponsor licence renewal application

• Declining to renew your Student sponsor licence

Key information

11.1 A Student sponsor licence lasts for four years, after which it will expire. The only exception to this is if we revoke it or you surrender it before it expires.

11.2 If you have been granted a licence and subsequently apply for an additional category or sub-category, the expiry date of the original licence will apply to all additional categories or sub-categories which you have added.

11.3 If you do not apply to renew your licence and it expires at the end of the four year period, you will automatically cease to be a licensed sponsor on the ‘licence end date’, as displayed on your SMS account. This means that:

a. you will no longer be able to access your SMS account; and

b. you cannot assign any more CAS; and

c. we will curtail the permission of any students you are currently sponsoring (and who have more than 60 days extant permission) to 60 days, during which time they are allowed to find a new sponsor. If they do not make a further application before their permission expires, they must leave the UK or face enforced removal; and

d. your details will be removed from the online public register of licensed sponsors.

11.4 If you have any sponsored students studying with you, you must apply to renew your Student sponsor licence before it expires if you want them to be able to continue studying with you, even if you do not plan to sponsor any new students in the future.

How to renew your Student sponsor licence

11.5 You must apply to renew your licence using your SMS account. The SMS will only allow you to make a renewal application from three months before the expiry date of your licence. Your licence start and end date, and the date that you can make your application to renew your licence, can be viewed using the ‘Licence summary’ function in SMS. Your licence end date is the last day that you will be able to make a renewal application before your licence expires. If we grant your application to renew your licence, your licence end date and future renewal date will be updated.

11.6 We will write to you 120 days in advance of the expiry date of your licence to confirm your licence expiry date and tell you that you will soon need to apply to renew it.

11.7 We will write to you again 90 days before the expiry date of your licence to remind you and to let you know that you can now make an application using your SMS account.

11.8 We will write again to remind you that your licence is due for renewal:

a. 60 days before it is due to expire; and

b. 30 days before it is due to expire; and a final reminder will be sent

c. 14 days before it is due to expire.

11.9 There is a fee for renewing your licence. The fee will be the same as it would be if you were applying for a new licence now. Details of all our fees are available on our pages on the GOV.UK website using the following link: https://www.gov.uk/guidance/apply-for-a-student-sponsor-licence. If you pay less than the required fee for the size and structure of your organisation, your application to renew your licence will be rejected and the payment will be refunded. If you pay more than the required fee, we will accept your application and we will refund the difference between the amount you have paid and the amount you should have paid.

How the application process works

11.10 The licence renewal function in your SMS account can only be accessed by a Level 1 user. The authorising officer and the Level 1 user should discuss your licence renewal before a Level 1 user submits it. When the Level 1 user submits the application, they will be confirming that they are doing so with the consent of the authorising officer.

11.11 The application is simple and will only take around five minutes to complete. At the end of the process the Level 1 user will be prompted to make an online payment to cover the licence renewal fee and to print off a summary sheet to keep for your own information. You do not need to send us any documents at this stage.

11.12 If you pay less than the required amount or you fail to send any documents that we have requested at this stage, your application will be rejected and any payment made refunded to you. If your application is rejected, you can reapply again at any time before your licence expires.

11.13 If your application is accepted, we will temporarily extend your current licence to allow us time to conduct any checks that we decide are necessary before making a decision on your application.

11.14 The checks we make once we have temporarily extended your licence could include asking you to send us some documents. For example we may want to see again, any documents listed in Appendix A for anyone applying for to renew their sponsor licence. We may also ask for other documents that are not listed in Appendix A. If we write to you to ask for any documents, you must send them to us within five working days of the date of the request.

11.15 If you do not send the documents within this time, we will take action against you.

11.16 We may:

a. reduce your CAS allocation; or

b. reduce your CAS allocation to zero and remove you from the Register of Student Sponsors pending further investigation; and/or

c. revoke your licence. (Please see the ‘Student Compliance’ sponsor guidance for more information on when we will, or may, revoke your licence).

We may want to visit you in connection with your application to renew your licence. If we do, and as a result we find that we have concerns about you as a licensed sponsor, for example if you have failed to comply with any of your sponsor duties, we will either:

a. reduce your CAS allocation; or

b. reduce your CAS allocation to zero and remove you from the Register of Student Sponsors pending further investigation; and/or

c. revoke your licence. (Please see the ‘Student Compliance’ sponsor guidance for more information on when we will, or may revoke your licence).

11.17 If your CAS allocation has been reduced to zero and/or you have been removed from the Register of Student Sponsors, and your licence is due to expire, you must still apply to renew it. Otherwise, even if our investigations do not lead to revocation of your licence, we will not be able to reinstate your licence if it has expired.

11.18 If we have granted you access to a dormant sponsor licence because you have been involved in a merger, takeover or other restructuring exercise, you do not need to do anything in respect of that dormant licence expiring. You can continue to access it until your last sponsored student’s leave under that licence has expired.

Timing your Student sponsor licence renewal application

11.19 You must apply to renew your licence before the date your licence expires. We strongly recommend that you make your application to renew your licence at the earliest opportunity, and in any event, at least one month before the expiry date. If you apply in good time, it is likely that you will have the chance to apply again if your application is rejected or refused. If your licence has expired by the time we make a decision to reject or refuse your application, you will not be able to make another application to renew your licence.

11.20 If you delay making your renewal application and it is then rejected, you will

be risking the possibility that your licence expiry date will have already passed and you will be unable to make another application.

Declining to renew your Student sponsor licence

11.21 You may choose to decline to renew your licence because you no longer sponsor any students and you do not intend to sponsor any in the future.

11.22 The renewal function in your SMS account includes an option to ‘decline’ to renew your licence. If you choose to decline and work through this process to its completion, you will not be able to change your mind afterwards and your licence will simply expire on its due date. Nothing can be done to change or reverse that situation.

11.23 We strongly advise that you think carefully about whether you want to decline to renew your licence and that this is discussed between the Authorising Officer and the Level 1 user who will complete this process using your SMS account. (When the Level 1 user declines to renew, they will be confirming that they are doing so with the consent of the Authorising Officer).

11.24 If you do decline to renew your licence, either deliberately or in error, your licence will expire. Please see the section titled ‘Key Information’ for what this means for you.

12. Surrendering your licence

12.1 If you no longer wish to sponsor students, and have no sponsored students currently studying with you, you may choose to surrender your licence. You should do this using SMS.

12.2 We will remove you from the Register of Student Sponsors. You may apply for a new licence, subject to the conditions in the sponsor guidance. If you are facing compliance action when you decide to surrender your licence, we will treat the surrender of your licence in the same way as we treat a revoked licence, should you wish to apply for a licence in the future.

12.3 You may choose to surrender your licence in all the categories and sub- categories for which you are licensed at the same time or you may choose to surrender part of your licence, in relation to certain categories or sub-categories. You must clearly indicate on the change of circumstances form which part you are surrendering.

12.4 You must provide evidence that you are no longer responsible for any students you may have previously sponsored category or sub-category. If you still have responsibility for students, we will revoke your licence, cancel the students’ permission to stay and may remove them from the UK.

12.5 When you submit the change, we will tell you what documents you must send us to support the changes. When you submit the change, you will also have to sign a short declaration.

Annex A - Student reporting case studies

The following case studies illustrate how the reporting options should be used in a range of circumstances. The case studies are to provide additional support and are not intended to be a definitive list of the circumstances you need to report.

Case Study 1 – Student has enrolled but not attended

Q. We have issued a CAS to a potential student to use in an application. The student has arrived in the UK and enrolled but hasn’t attended. We have attempted to contact the student. As a result of contacting them/failing to get in touch with the student we have excluded them from their course. What do we do now?

A. You need to access your SMS account and select the activity type ‘Sponsor has stopped sponsoring the student’ and then ‘sponsor has excluded or withdrawn the student from the course’. You can then use the notes field to add more detail such as you have tried to contact the student but have been unsuccessful.

Case Study 2 – Student has not enrolled

Q. We have issued a CAS to a potential student to use in an application. The student hasn’t arrived for enrolment and we don’t know whether their application was successful or not. As a result of contacting them/failing to get in touch with the student, we have excluded them from the course. What do we do now?

A. You need to access your SMS account and select the activity type ‘sponsor has stopped sponsoring the migrant’ and then ‘sponsorship withdrawn; student has not enrolled’. You can then use the notes field to add more detail such as the outcome of the application is unknown.

Case Study 3 – Student withdrawn due to ill health

Q. We are sponsoring a student who has enrolled and is attending but has told us they are unwell. They are no longer able to attend and have formally withdrawn from the course. The student has returned home but no decision has been made to defer their studies. What do we do now?

A. You need to access your SMS account and select the activity type ‘sponsor has stopped sponsoring the student’ and then ‘student has withdrawn from studies post enrolment’. The student can then make a further application for leave to enter and study at a later date.

Case Study 4 – Sponsor has withdrawn a course

Q. We have had to withdraw a course as there are not enough students to constitute a full class. Our student has moved to another course with us and the course level is the same as the original course. What do we need to do?

A. You need to access your SMS account and select ‘change in student circumstances’ and then ‘student has switched courses but is still sponsored by you’.

Case Study 5 – Student is delayed

Q. We have a prospective student who is unexpectedly delayed. They have provided a new date of arrival which we are happy to agree and set a revised enrolment date. How do we tell you this?

A. You need to access your SMS account and select the category ‘student is delayed’ and then ‘student enrolment is delayed; new date provided’, entering the new date in the free text field.

Case Study 6 – Student has changed sponsor

Q. Our student has left and moved to a new sponsor. They did tell us of the change before they moved. What do we need to do?

A. You need to access your SMS account and select the category ‘sponsor has stopped sponsoring the migrant’ and then ‘student has moved to another sponsor’. Where known, you should provide the new sponsor’s details in the notes field.

Case Study 7 – Student has ceased studying and stopped attending

Q. Our student has ceased studying and has stopped attending their studies. We can’t make contact so have excluded them from their course. We have heard unconfirmed reports that they have joined another institution. What do we need to do?

A. You need to access your SMS account and select the category ‘sponsor has stopped sponsoring the student’ and then ‘sponsor has excluded or withdrawn the student from the course’. This sub-category should be used instead of ‘student has moved to another sponsor’ as the student has not formally informed you that they have left. The notes field should be completed with any details that you may have about a new educational institution or sponsor.

Case Study 8 – Administrative error in student reporting

Q. We have reported that one of our students has failed to turn up to enrol on their course. However, we have now realised that an administrative error had been made and the student actually did enrol. How do we correct this?

A. You need to access your SMS account and select the option ‘previous notification withdrawn’, providing all relevant details in the free text field. If the report is submitted in time, curtailment of the student’s leave will be cancelled.

Case Study 9 – Student returned overseas but not withdrawn

Q. Our student must return overseas for compelling reasons and will not be able to return to complete their course within their existing leave. However, they fully intend to return as soon as they are able, to resume their studies. What do we need to do?

A. You need to access your SMS account and select the option ‘sponsor has stopped sponsoring the student’, followed by ‘the student has deferred their studies’ and explain the circumstances in the free text field.

Case Study 10 – Student missed a contact point due to industrial action

Q. Our student missed one or more contact points, such as scheduled lectures or tutorials, because the classes were cancelled due to industrial action by lecturers. Do we need to count these as unauthorised absences for reporting purposes?

A. You should not count such absences towards the 10 missed expected contact points. An expected contact point is one which the student would in principle have been able to attend. If a lecture, tutorial or other planned contact point with a student is cancelled due to industrial action, any missed contact points caused by the industrial action of lecturers should not be treated as unauthorised absences.

Annex B - Qualifications provided by flight schools

From 24 November 2016, the definition of an approved qualification includes aviation licences, ratings and certificates issued by the UK’s Civil Aviation Authority (CAA).

Organisations conducting approved courses of flight and ground training are listed in the CAA Standards Document 31

In order to assess the equivalency of the level of courses offered by flight schools, please refer to Table 1 below.

Table 1

Course	Level
Private Pilot Licence (PPL) or Light Aircraft Pilot Licence (LAPL), associated class ratings and theoretical knowledge exams. Air Traffic Control Officer (ATCO) licence/ endorsement/rating	RQF3/SCQF6
Commercial Pilot Licence (CPL) / Instrument Rating (IR) (or Multicrew Pilot Licence (MPL) / IR), associated type ratings and CPL, IR and Airline Transport Pilot Licence (ATPL) theoretical knowledge exams	RQF4/SCQF7
Pilots holding ATPLs proceeding to senior level qualifications such as Type Rating Instruction (TRI) and Type Rating Examiner (TRE)	RQF5/SCFQ8

Annex C – Maritime courses eligible for the 3-year time limit below degree level

From 6 April 2017, the two year time limit for Students studying below degree level was extended to three years for courses which are subject to a regulatory requirement by the Maritime and Coastguard agency that the applicant must spend at least 12 months at sea.

The following programmes, approved by the Merchant Navy Training Board (MNTB) for Maritime and Coastguard Agency (MCA) certification, are delivered by UK maritime and training centres and are recognised as requiring 12 months’ work away from the UK on-board a merchant vessel.

Eligible courses

Foundation Degree in:

• Electro-technical Engineering

• Marine Electrical Engineering

• Marine Electrical and Electronic Engineering

• Marine Engineering

• Marine Operations

• Nautical Science

• Navigation and Maritime Science

HNC/HND in:

• Marine Engineering

• Nautical Science

In order to be eligible for this provision, the Student sponsor must be an approved MCA centre.

1. A student may not take the same exam or module more than three times unless their sponsor has Student sponsor status. ↩

2. The intended date of travel is the date recorded by the applicant through the relevant online application process, as their intended date for travel to the UK. ↩

3. See the table following paragraph 3.24 in Document 1 of the Student Sponsor guidance for the circumstances in which a sponsor may regain its CAS allocation before achieving the required rating in a full statutory education inspection. ↩

4. A material change is one which affects Student sponsor policy requirements. ↩

5. To make an application for a Basic Compliance Assessment, a sponsor must apply for Student Sponsor status using the SMS and pay the relevant fee. ↩