4 Ensuring the future viability of
the Student Immigration system
The International Passenger Survey
89. The numbers of visas issued to international
students has risen steadily over the past five years, peaking
in 2009. The UN definition of a migrant is "a person who
moves to a country other than that of his or her usual residence
for a period of at least a year, so that the country of destination
effectively becomes his or her new country of usual residence."
This means that international students will have been responsible
for a part of the recent growth of the net migration figure. However,
it is arguable that bona fide students who intend to stay in the
UK for a few years to pursue a course of study and then return
home are not a class of people who have a deleterious impact on
the resident population. As one of our witnesses argued
I think they are a totally irrelevant target. I think
the Financial Times put it more crisply in an article yesterday
when they said, "They eat, they drink, they spend money,
they do not drive down wages or weigh heavily on public services".
I think if we are looking at where real public concern is, it
is about impact on public services.[139]
Although we understand that students have to be classified
as migrants for the purpose of the collection of internationally-comparable
data, it doesn't follow that they have to be treated like other
migrants who intend to settle in the UK.
90. Moreover, we have received evidence which suggests
the data on which the net migration figures are based, the International
Passenger Survey, is flawed and therefore over-inflates the figure
of students who remain in country. The University of East Anglia
summarised what it saw to be the issue:
The Consultation claims that, in 2009, the student
route accounted for approximately 139,000 of a total net (non-EU)
migration of 184,000. This is largely based on the International
Passenger Survey (IPS) which surveys 0.2% of travellers, and is
therefore subject to significant sampling errors as a consequence.
Importantly, the Migration Advisory Committee Report "Limits
on Migration" observes that the outflow of students completing
their course and returning home as measured by the IPS is materially
less than their own estimates. The statistical evidence is highly
questionable and is likely to significantly over-state net migration
and the contribution of the student route.[140]
91. The Migration Advisory Committee, in its 2010
report, 'Limits on Migration' noted that:
In 2009, the largest inflows of long term migrants
were the 163,000 students who came to the UK from outside the
EU. 55,000 long-term migrants came to the UK from outside the
EU for work-related reasons, either with a definite job or looking
for work, compared to 79,000 non-EU nationals who left the UK
for work-related reasons. However, it is important to recognise
that this does not mean that net migration of non-EU work-related
migrants to the UK was negative. This is because the reason a
migrant leaves the UK is likely to differ from the reason why
he or she first came to the UK. For example, students will come
to the UK for the reason of formal study, but once they graduate
may leave the UK for work-related reasons, and be counted in the
work related outflow.[141]
92. Professor Smith of Universities UK said: "
Our problem with all the data is that there is not the linkage
shown between the methodology they are using through the International
Passenger Survey to estimate students leaving. That is our major
concern."[142]
Professor Acton, referring to the 2001 census, added: "The
IPS had undercounted young people leaving the country. They still
are, massively."[143]
In their written evidence, Universities UK highlighted the lack
of data about student visas:
We do not know how many visas and visa extensions
were issued to students studying at UK universities, we do not
know how many Post Study Work visas were issued to graduates from
UK universities and we do not know how many dependants accompanied
students at UK universities. Without this data it is very difficult
to have a properly informed discussion about the Government's
proposals.
93. Any
policy which is based on flawed data has the potential to create
significant unintended consequences. We are broadly supportive
of the Government's policy of reducing immigration, but we believe
that policy decisions ought to be based on the best possible information.
We therefore urge the Government, as a matter of priority, to
investigate whether a more reliable system of data collection
than the International Passenger Survey can be used upon which
to base immigration policy.
Exit Checks
94. At least two of our witnesses claimed that, in
certain areas, the Australian system of immigration is superior
to that in the UK. Dominic Scott of the UK Centre for International
Student Affairs described it thus:
I think Australia has the most sophisticated intelligence
on student movement of any country in the world. They will be
able to tell you how many students came last month into the country.
For the UK, we are quite often six months or a year behind.[144]
This was further emphasised by Sir Andrew Green of
MigrationWatch who stated that "the big difference with Australia
is they do have a system that counts individuals in and individuals
out." In the Coalition Agreement, the Government pledged
to reintroduce exit checks.[145]
We suggest
the Government make the introduction of exit checks a priority.
We recommend that the Government deliver a timetable for the reintroduction
of exit checks as soon as possible.
95. Several respondents questioned the introduction
of, and ability of the UK Border Agency to cope with, another
major set of changes within the student immigration system. INTO
University Partnerships[146]
called attention to the fact that
The [Highly Trusted Sponsor] Scheme has been operational
for less than a year—and has already been reviewed and revised
on three occasions. It has already resulted in the removal of
2000 colleges from the Register of Sponsors. The Sponsor Management
System introduced in March 2010 enables much greater levels of
control and the HTS (especially at University levels) operates
at less than 2% non compliance rates - according to the UK Border
Agency's own research. We believe it should have a full operational
cycle before we review and implement yet more changes to an over-stretched
and under-resourced UK Border Agency.[147]
The Immigration Law Practitioners' Association identified
several areas where the proposals would significantly increase
the UK Border Agency's workload:
It is proposed that the students return home between
courses (question 8 in the UK Border Agency consultation paper).
This has the potential to generate large numbers of applications
to posts, requiring a quick turnaround, and peaking at particular
times of year. Secure English language tests showing a level of
B2 across all four components (questions 5 and 6 of the UK Border
Agency consultation paper) would also appear to require of the
UK Border Agency that it is able to produce and administer a scheme
for mapping International English Language Testing System scores
onto Common European Framework of reference for Languages. This
would appear to be resource intensive and, based on experience
to date, something that institutions are better placed to do than
the Agency.[148]
96. However, when we suggested that such an undertaking—at
a time when the budget of the UK Border Agency is being cut by
20%[149]—might
be difficult for the Agency to cope with, the Minister assured
us that this would not be a problem.
In the course of the next few years, we will be moving
many more of our basic systems onto something that we would all
recognise as modern technology. Essentially, the whole computer
revolution has come late to the UK Border Agency, but it is now
happening. Also, we will get smarter at differentiating. That
is what a lot of this whole student consultation is about.[150]
97. We
welcome the Government's assurance that the UK Border Agency will
be able to cope with the changes in the student immigration system.
We regularly receive updates from the UK Border Agency as to their
work and we will ensure that scrutiny of the student immigration
system becomes a regular feature of our scrutiny of the agency.
98. The student immigration consultation was launched
by the Home Office. Immigration is a Home Office issue but international
students also fall within the remit of both the Department for
Business, Innovation and Skills and the Foreign and Commonwealth
Office. We commend the fact that there appears to have been cross-departmental
consideration of the issues raised by the consultation paper.
However, as the Minister for Universities and Science made clear,
this cross-departmental work was carried out following the end
of the consultation period:
It is absolutely right that this is put out for consultation
so that all the outside bodies affected—and my understanding
is that there has been 30,000 responses to the consultation—it
is absolutely right to do a proper consultation, and now what
is happening is there is a shared exercise by the Home Office
and BIS working together now developing precise proposals in the
light of that consultation.[151]
The consultation proposals ought
to have been developed jointly by the Home Office, the Department
for Business, Innovation and Skills and the Foreign and Commonwealth
Office. If this had been done, a number of the problems with them
that we have identified probably would have been avoided.
139 Q200 Back
140
Ev w89-University of East Anglia (UEA) (SV47) Back
141
P67, Limits on Migration, Migration Advisory Committee,
November 2010 Back
142
Q76 Back
143
Q78 Back
144
Q209 Back
145
P21, The Coalition: Our programme for Government Back
146
A pathway provider Back
147
Ev w42-INTO University Partnerships (SV27) Back
148
Ev w48-Immigration Law Practitioners' Association (ILPA) (SV33) Back
149
Her Majesty's Treasury, Comprehensive Spending Review press notices,
20 October 2010, cdn.hm-treasury.gov.uk/sr2010_pressnotices.pdf Back
150
Q297 Back
151
Q363 Back
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