Select Committee on Public Accounts Minutes of Evidence


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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