Conclusions and recommendations
1. Insufficient quality assurance procedures
on the part of the Department for Innovations, Universities and
Skills for private educational establishments on the Register
of Education Providers, which facilitated the issuing of student
visas between 2005 and 2009, allowed bogus colleges to bring foreign
nationals into the UK on fraudulent student visas. We are pleased
that the UK Border Agency has recognised the deficiencies of this
system and introduced more rigorous regulation of educational
establishments sponsoring student visas under the Points Based
System. However, we remain cautious about the UK Border Agency's
ability to deal with this issue and will continue to monitor sponsorship
arrangements once Tier 4 of the Points Based System has been fully
implemented. (Paragraph 8)
2. It is difficult to ascertain a precise figure
for the number of bogus colleges in existence. One method of forming
an estimate is to look at the discrepancy between educational
establishments listed on the previous Register of Education Providers,
which provided the only means of obtaining a student visa until
March 2009, and those listed on the register of sponsors under
the points based immigration system, which has replaced the Register
of Education Providers and requires more stringent checks of educational
establishments' credentials. There are around 2,200 colleges which
were on the Register of Education Providers but are not on the
register of sponsors. Whilst failure to transfer from the Register
of Providers to the register of sponsors does not automatically
mean a college is "bogus", we suspect that a significant
proportion of these colleges are not legitimate. (Paragraph 13)
3. Colleges not on the register of sponsors will
no longer be able to facilitate student visas; however we are
concerned about the number of illegal immigrants who may already
have entered the UK on fraudulent student visas, the numbers of
which could be in the tens of thousands. Firm enforcement action
must be taken against any individual whose student visa has expired
to ensure that they leave the country, as well as against those
who have set up bogus colleges to perpetrate visa fraud. We have
received no evidence that the Home Office has made adequate preparations
to deal with this issue. (Paragraph 14)
4. We found no substantial evidence to corroborate
the alleged link between bogus colleges and terrorist activity.
The Pakistani nationals who entered the country on fraudulently-obtained
student visas and who were arrested in Operation Pathway in April
2009 were subsequently released without charge. As far as we are
aware, foreign students involved in previous terrorist plots have
entered the UK on genuine student visas. Our evidence suggested
that most individuals entering the UK on fraudulently-obtained
student visas do so in order to work illegally. (Paragraph 16)
5. New arrangements for issuing student visas
under the points based immigration system do appear to provide
a more effective means of countering bogus colleges because of
the requirement for independent accreditation coupled with the
UK Border Agency's inspection regime. However, we are deeply concerned
to hear that advance notice of inspection visits has been given
in up to 85% of cases. This is unacceptable and does not give
us any confidence in the rigour of the inspection regime in combating
bogus colleges. The UK Border Agency should ensure that sufficient
resources are provided to allow for rigorous and, critically,
unannounced inspections. Any change in college ownership should
require the college to be re-accredited. (Paragraph 22)
6. In addition, we note concerns amongst the
education sector about the credentials of one of the accrediting
bodies, the Accreditation Service for International Colleges.
We understand the UK Border Agency is currently conducting a review
of accrediting organisations, but the allegations are very worrying,
and we suggest that they look closely at these allegations and
request they make the results of the review available to us as
a matter of urgency. (Paragraph 23)
7. We are extremely disappointed that the Government
has ignored repeated warnings from the education sector about
the problem of bogus colleges. While the new sponsorship system
under the points based immigration system should help to prevent
bogus colleges, we consider that a more complete means of prevention
requires the compulsory regulation of private further education
colleges and English language schools by the state. We therefore
strongly recommend that the Government uses the Companies Act
2006 to restrict use of the term "college" in future
to properly accredited institutions and instigates an inspection
regime to enforce this. Alongside measures to tighten the UK's
immigration controls, this would protect EEA, as well as non-EEA,
students from receiving sub-standard education at unregulated
private colleges, which is highly damaging to the UK's international
reputation for education and therefore the UK economy. (Paragraph
27)
8. We recommend that the Department for Business,
Enterprise and Skills devises a system to make better use of intelligence
provided by college networks, such as the Association of Colleges,
to close down bogus colleges. We intend to revisit this issue
once Tier 4 of the Points Based System has been fully implemented.
(Paragraph 29)
9. Foreign nationals who apply to study in the
UK in good faith but find themselves to be the victim of a scam
on arrival also provide a valuable source of information about
bogus colleges. However, these individuals may fear that reporting
such establishments to the authorities would result in the closure
of the establishments and lead to the students' status becoming
that of illegal immigrants. As they have entered the UK illegally,
however unwittingly, such individuals should not be allowed to
remain; but to encourage greater reporting, those who do come
forward with information should not be precluded from making successful
immigration applications in future. (Paragraph 30)
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