Friday, 16 April 2010

Tier 4 college suspensions – which students are affected?

Who is affected when a college Tier 4 licence is suspended?  
Students on Tier 4 visas 
What the UK Border Agency says: 
‘Before you travel to the UK. If you have a visa letter that you got before your approved education provider’s license was suspended, and have already been granted permission to enter the United Kingdom, but you have not yet travelled, we will try and contact you to tell you not to come until we have resolved the suspension. 
‘If you are already in the United Kingdom and studying with your approved education provider, we will not tell you if we suspend their licence. However, if the result of the suspension is that your approved education provider loses their licence, we will tell you and your permission to stay will be limited.’  

Who is affected when a college Tier 4 licence is withdrawn? 
Students on Tier 4 visas 
What the UK Border Agency says: 
‘We will limit your permission to stay to 60 days if you were not involved in the reasons why your approved education provider had their licence withdrawn (we will not limit your permission to stay if you have less than six months left. You may want to apply for permission to stay with another approved education provider during this time) immediately if we think you were involved in the reasons why your sponsor’s licence was withdrawn.’ 
Which students will not be affected? 
Students on old student visas 
Students holding older student visas (not Tier 4), who are not holding a ‘Tier 4 visa letter’, and are not approved under Tier 4 of the points based system will not be directly affected if their college is suspended from or removed from the Tier 4 Sponsors Register. 
Prior to the introduction of Tier 4 in March 2009 colleges were approved under the old DIUS system and students applied for the old student visa. 
Check your student visa stamp to see if it states that your visa was issued under Tier 4.
Tier 4 visas are issued to those who applied for their visas, or applied for further leave to remain as a student, after 31 March 2009.
The UK Border Agency has published the following useful guide: 

Tier 4 licence suspended
Licence suspended
What will happen

Before you apply to come
You can still apply for permission to come to the United Kingdom but we will hold your application until the suspension is resolved.
Before you travel to the United Kingdom
If you have a visa letter that you got before your approved education provider’s license was suspended, and have already been granted permission to enter the United Kingdom, but you have not yet travelled, we will try and contact you to tell you not to come until we have resolved the suspension.
If you do travel to the United Kingdom
If you do travel to the United Kingdom, you will be allowed to enter and start studying with your approved education provider.
If you are already in the United Kingdom studying
If you are already in the United Kingdom and studying with your approved education provider, we will not tell you if we suspend their licence. However, if the result of the suspension is that your approved education provider loses their licence, we will tell you and your permission to stay will be limited. 
If you are extending your stay
You can still apply to extend your permission to stay if it runs out when your approved education provider’s licence is suspended, as long as you already have your visa letter. However, we will hold your application until the suspension is resolved.

Tier 4 licence is withdrawn
Licence withdrawn
What will happen
Before you apply to come
If your approved education provider’s licence is withdrawn, your visa letter will become invalid and you will not be able to use it to support any application for leave to come to the United Kingdom. Any applications made using an invalid visa letter will be refused.
Before you travel to the United Kingdom
If you have been given permission to come but have not travelled yet, your permission to come is cancelled.
If you travel to the
United Kingdom, you will not be allowed to enter.
If you are already in the United Kingdom studying
We will limit your permission to stay to 60 days if you were not involved in the reasons why your approved education provider had their licence withdrawn (we will not limit your permission to stay if you have less than six months left. You may want to apply for permission to stay with another approved education provider during this time) immediately if we think you were involved in the reasons why your sponsor’s licence was withdrawn.
Source: UK Border Agency

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