Memorandum submitted by Universities UK
INTRODUCTION
1. Universities UK is pleased to submit
this memorandum to the House of Commons Committee of Public Accounts
to aid its evidence session with Sir Michael Jay of the Foreign
and Commonwealth Office and Mr Robin Barnett of UKvisas.
2. Universities UK responded to the National
Audit Office's examination of the service provided by UKvisas
in November 2003. This memorandum draws on a number of the concerns
expressed in that submission and developments since.
SUMMARY
3. International students provide an immense
economic, social and cultural benefit to the UK. Higher Education
is one of the UK's most successful exports and an effective system
of visas is essential for this sector to continue to thrive.
4. Higher Education Institutions (HEIs)
have reported an improved level and quality of service provided
by UKvisas in recent years. However, they also report a number
of continuing difficulties. There are some inconsistencies in
the treatment of prospective students, such as in the following
of guidelines, the reasons offered for the rejection of applications,
and the period of leave to remain granted by officials. These
have consequences for the income of universities.
5. Recent changes in the charging policies
for visas also have the potential to undermine the Government's
aim of attracting more international students to the UK. Visa
extension charges were introduced in 2003 without consultation
and powers under the Asylum and Immigration (Treatment of Claimants
etc) Bill would allow the Government to "overcharge"
applicants for visas.
BACKGROUND
6. British diplomatic posts issue "entry
clearance" to prospective international visitors to the UK
which gives them permission to enter the UK ("Leave to Enter")
for a certain period. The UK Government is gradually increasing
the number of people for whom "entry clearance" is compulsory
including most international students. It is needed for prospective
students from countries that appear on the UK's "visa national"
list, nationals of "phase 1" countries who are coming
to the UK for more than six months and anyone coming with the
intention of settling permanently, or for a number of specific
purposes. Applications for entry clearance by prospective students
cost £36.
7. Entry clearance officer guidance encourages
officials to grant leave to enter the UK for the duration of their
course, plus a few months (the length depends on the type of course).
There remain concerns that students are not being granted the
appropriate leave for their course which results in them paying
either £155 or £250 to apply to extend their leave.
8. International students make up 11% of
all full-time higher education students and 32% of all students
at full-time research postgraduate level according to the latest
figures from the Higher Education Statistics Agency (HESA) for
2002-03. HESA also reports that there were 184,685 international
(non-EU) students at universities and colleges in the UK out of
a total of 2,175,115 higher education students in 2002-03.
9. International students are already making
a significant financial contribution to the UK. In 2002-03 non-EU
fees provided 7% of the UK higher education sector budget. A recent
study produced by the British Council, DfES and UK Trade and Investment
on "The global value of education and training exports to
the UK economy" was carried out by Professor Geraint Jones
from Lancaster University Management School. This report provides
figures for the economic value of education and training exports
to the UK economy. For the whole area of education and training
exports, it calculates earnings of £10.2 billion for the
UK economy. For higher education a number of figures are provided
including income from tuition (£1.25 billion), spending on
other goods and services (£1.86 billion), transnational higher
education (£99 million), other higher education activities
such as academic visitors, franchise agreements, overseas research
grants and contracts (£796 million) giving a total of just
under £4 billion as export earnings from UK higher education's
international activities. These figures for the value of the international
activities of UK HEIs are significant and a considerable increase
on the findings of previous studies in this area.
10. International students also provide
an immeasurable cultural and social benefit to the higher education
sector and the UK at large. At postgraduate level international
students make a significant contribution to the UK's research
base and maintain the viability of a number of key subject areas.
They contribute economically through income tax contributions
for part time and vacation work.
LEVEL OF
SERVICE PROVIDED
BY UK VISAS
11. In their replies to the NAO's request
for information on the performance of UKvisas, institutions reported
that the UKvisas office in the UK has provided an improved level
and quality of service to UK universities in the last few years.
They are mostly found to be very helpful and prompt in dealing
with enquiries. Institutions highlighted some countries where
good practice was being implemented and indicated that these practices
should be spread elsewhere. For example, in China and Pakistan
entry clearance officers have liased effectively with the British
Council and in India the High Commission has hired a private company
to vet applications at smaller local centres before prospective
students receive interviews. Institutions appreciate the progress
that has been made and the improved service that has been provided
with fast-track systems and group applications. Many institutions
advocate extending this service to more posts and countries.
12. However, institutions reported that
considerable numbers of prospective international students face
problems when trying to obtain visas or entry clearance to study
at HEIs in the UK. A significant number of prospective students
who defer their entry to university for a year cite difficulties
in obtaining a visa or entry clearance as the reason for their
decision to defer.
13. Inconsistency in the service provided
by UKvisas is the main problem that students report. Although
institutions acknowledged the difficulty of resourcing, implementing
and co-ordinating standard procedures across a number of countries
operating under different local circumstances, there appear to
be unacceptable disparities in the level of service students receive,
the information requested by officials and the reasons given for
refusals.
14. One of the most significant problems
faced by prospective students when trying to obtain a visa is
the delay in obtaining an interview with entry clearance officers.
Institutions report prospective students waiting for three months
after they make their initial application before they are given
an interview date. The effect of this delay is that interviews
are conducted too late, and visas granted too late, to enable
students to start their courses in the UK in September/October.
15. The situation is most acute in countries
where there are few visa offices, particularly Kenya, Nigeria
and Ghana. Problems have also occurred in India and China but
this is explained by the considerable increase in the number of
applications from prospective students in these countries over
the last few years. Institutions report applicants queuing outside
UKvisas offices for up to 10 days to obtain interviews. Students
who have tried to pre-empt this problem by applying early ahead
of the peak period in the summer have been told to come back later
in the year and on other occasions have been processed in the
same queue as those applicants seeking non-urgent visitor visas.
16. Institutions report that entry clearance
officers do not always adhere to the immigration rules and guidelines.
Students have been asked to provide documentation such as tenancy
agreements or proof of payment of tuition and accommodation fees,
even though these documents are not required according to the
immigration rules. There is also inconsistency in the responses
students receive when their application is refused. Some of the
reasons given for refusals seem to be made on criteria outside
the remit and judgement of the entry clearance officers, for example
on the academic suitability of the candidate or their English
language skills. A template of the information required to support
applications would be a useful resource for students and institutions
to help to reduce the apparent inconsistencies that occur in this
area.
17. There have been benefits for prospective
students in countries where group applications are available as
this system can speed up the process, although there is a danger
that applications are generalised and therefore group refusal
can be detrimental for individual genuine applicants. If whole
cohorts of applicants from particular countries coming to the
UK under partnership agreements are refused visas there may be
a danger that valuable relationships between UK universities and
universities overseas may be damaged.
18. In some countries UKvisas allow interviews
to be booked on the basis of conditional offers. However, elsewhere
interviews can only be booked on the basis of unconditional offers,
which is problematic as often they can only be given when examination
results are issued in late summer. This tends to concentrate the
demand for visas in late summer and leads to delays.
19. Once the interview has taken place students
sometimes have to wait for up to three months with no feedback
before they get a decision on their application. One institution
reported that its prospective students were refused visa interviews
at one high commission this year if they had conditional offers
of places at the institution. This was despite an agreement made
in 2001 with the relevant head of the visa section to encourage
students with conditional offers to start applying earlier in
the year.
20. An increase in the number of refusals
of visa applications from prospective students has also been reported
by a number of higher education institutions. Obviously applications
need to be assessed carefully to ensure that fraudulent applications
using the student visa route are minimised, but when all the necessary
documentation has been provided refusals risk frustrating genuine
applicants and the institutions that wish to receive them. Suggestions
were made that a lack of resources contributed to an increase
in refusals. A particular problem was raised with regard to Pakistan
as to whether the visa offices are open for a sufficient time
to applicants throughout the year, although the security situation
in Pakistan has undoubtedly had an impact on the level of service
that could be provided.
21. There are also issues around the period
of leave to remain in the UK that international students are granted
by entry clearance officers. According to the UK Visas guidelines
students should be given leave to remain for the duration of their
course plus at least several months. In many cases it appears
that entry clearance officers are either ignoring the guidelines
or are unaware of the guidelines and the period of leave granted
to students is often insufficient to cover the duration of their
course. This was previously administratively inconvenient for
students and international student advisers. With the introduction
of charges for visa extension applications from 1 August 2003
there is now also a considerable cost implication for international
students when they do not receive the appropriate leave to remain
in the UK (see section on Visa Extension Charges below). Institutions
also highlighted the position of international students coming
to the UK for less than six months, who are entitled to work,
but who are usually given visitor stamps and then have to apply
for a new visa to enable them to work at considerable cost.
22. Some of these issues could be dealt
with by instituting a dedicated, centralised enquiry procedure
for higher education institutions. This would avoid time being
wasted trying to contact UK Visas officials seeking clarification
only to be directed to the wrong officials. Institutions report
that the heads of visa sections are usually very responsive to
complaints in person and will occasionally investigate the circumstances
of an individual applicant's visa refusal. However, if the complaint
is not taken up in person by UK Visas official it is unlikely
to receive even an acknowledgement.
CONSEQUENCES FOR
UNIVERSITIES
23. Universities, as one of the main points
of contact in the UK for prospective students and in many cases
the only point of contact, are heavily involved and affected by
the service provided by UK Visas. Delays in students obtaining
visa interviews and then delays in decisions being made on their
applications can result in students arriving late, students deferring
their arrival until the following year and ultimately students
not attending the university. This can have a knock-on impact
as students who arrive late may require additional support.
24. Preparations and assistance given by
the institution in considering and accepting the student and then
supporting the student's visa application may be wasted. Further
work such as providing additional documentation may be required
when students need assistance in appealing against their refusal.
Universities lose considerable income from tuition fees and accommodation
fees when students are unable to take up their places due to a
delay in receiving a decision or refusal of their visa application.
Courses may run without their full complement of students if prospective
students accepted onto the course have not been able to come to
the UK.
VISA EXTENSION
CHARGES
25. During the passage of the Immigration
and Asylum Act 1999 (which established the principle of charging
for visa extension charges) the then Home Office Minister, Mike
O'Brien MP, said that international students would be given special
consideration and that consultation would be undertaken prior
to the introduction of charges.
26. However, without consultation, the Home
Office announced on 10 July 2003 that with effect from 1 August
2003 foreign nationals living in the UK would be charged the costs
of the immigration services they use. The charges are being made
for applications for an extension of stay in the UK, applications
for settlement and permanent residency stamps being put in new
passports. International student advisers report that around half
of all international students generally need to apply for a visa
extension during their time in the UK.
27. Charges for applications for extensions
of stay in the UK are £155 for applications made by post
and £250 for applications made in person at Public Enquiry
Offices. Despite these high charges, institutions report that
the service provided by UK Visas is still inconsistent. There
are disparities in the level of service that students receive
and there are particular delays in obtaining interviews with entry
clearance officers.
28. The Government has now said that it
will consult with the sector to assess the impact of these charges.
This is due to begin in Autumn 2004.
ASYLUM AND
IMMIGRATION (TREATMENT
OF CLAIMANTS
ETC) BILL
29. Clause 28 of the Asylum and Immigration
(Treatment of Claimants etc) Bill would give the Secretary of
State the power to exceed the administrative costs of an application
in charging entrants to the UK, subject to consultation and secondary
legislation.
30. The Government has agreed to bring forward
amendments in the House of Lords to give "a three-month consultation
period and approval by both Houses of Parliament under the affirmative
resolution procedure before any new fees can be introduced"
[Hansard, 18 May 2004: Column 759].
31. Universities UK is concerned that increasing
the charge to prospective students above administrative costs
would be likely to deter international students from coming to
the UK. Universities UK has lobbied for an amendment, put forward
by UKCOSA: The Council for International Education, to exclude
students from these charges and there has been considerable discussion
of the position of students with regard to the provisions of this
Bill.
CONCLUSION
32. Although universities recognise that
the service provided by UK Visas has improved, there are still
a number of areas that need to be addressed. In particular, the
service provided and assessment of applications is not consistent
across countries.
33. The introduction of charges for visa
extensions in 2003, without consultation and with limited warning,
damaged institutions' confidence in the Government's role in attracting
international students. They are therefore wary of the powers
in the Asylum and Immigration (Treatment of Claimants etc) Bill
which would enable the Government to charge visa applicants above
the cost of processing their application.
Catherine Marston
Universities UK
10 June 2004
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