Written evidence submitted by the Migrants'
Rights Network (MRN) (SV35)
MIGRANTS' RIGHTS
NETWORK (MRN)
1. The Migrants' Rights Network (MRN) was established
in December 2006. We work to support migrant community organisations
and organisations working with migrants, on issues related to
employment, the community, access to public services, and on other
matters which have consequences for migrants' rights and social
justice. We work within a framework of discussion, sharing of
experiences, promotion of research, policy analysis and lobbying
and campaign activities. Currently over 2000 organisations and
individuals participate in MRN's policy discussion and information
exchanges.
INTRODUCTION AND
SUMMARY OF
SUBMISSION
2. The recent set of proposals regarding international
students released by the coalition government in December 2010
is situated within a broader objective—to significantly
reduce the level of net immigration to the UK by 2015. International
students make up the highest proportion of non-EU inflows into
the UK, meaning that they are now a key target for restrictions.
As with the cap on economic immigration to the UK, the prospect
of turning this objective into practical policy changes has generated
concern among those sectors likely to be most affected, as well
as among migrant communities.
3. If introduced, the measures proposed by the
government in its latest consultation document would be significant;
the majority of these proposals potentially affecting all international
students coming to the UK by increasing the requirements for entry
and restricting their rights when here. The importance of the
current routes for international students for the UK economy,
skills and research base and for international students themselves
means that a strong evidence base should be offered up in order
to support and guide these proposals. Currently, this evidence
base simply does not exist. Instead the government has accompanied
its new proposals with broad analysis of data in this area.[36]
Although this analysis does provide some general information about
international students in the UK, it is wholly inadequate support
for the proposals which have been put forward.
4. The proposed measures have additionally been
accompanied by a growing distinction between "desirable"
and "undesirable" international students, following
on from government targeting of "abuse" in the student
system. Below degree-level students are increasingly presented
as undesirable and prone to abuse the system—this characterisation
appears to enable the government to substantially restrict their
numbers as an easy means of moving towards its goal of reducing
overall net immigration. We think that, as yet, the government
has not adequately made the case that students studying courses
below degree-level, are in and of themselves more inclined towards
breaking the immigration rules in the UK than those studying at
degree-level—or that these courses are less important to
the UK economy.
5. The home office's own data indicates that
incidents of "abuse" of the system are likely to be
connected with a relatively small number of cases—we think
often related to exploitative practices among some private institutions.
As such, it would neither benefit British institutions or migrants
themselves to prevent below degree-level study in the UK by making
it the subject of overly severe restrictions. The focus of reforms
would better be on tighter regulation of the educational sphere,
leading to improved conduct by colleges themselves towards foreign
students.
We address some of the specific concerns
of the HASC inquiry below:
Whether the cuts should be limited to certain
types of courses (eg pre-degree level)
6. The latest Home Office proposals particularly
target below degree-level students—judged by the government
to be at "higher risk of abusing" Tier 4 than further
education students. The majority of below degree-level students
find opportunities for study at public and privately funded institutions
rather than universities. If implemented, the government's proposed
measures would mean that most adults would no longer be able to
apply to take below-degree level courses of more than six months
in the UK under Tier 4—with the exception of those applying
to courses run by a small number of institutions rated as "Highly
Trusted Sponsors".
7. There are substantial problems with presenting
the majority of below degree-level students as undesirable. Below
degree-level students are estimated by the home office to make
up two-fifths of all adult foreign students, coming to the UK
for a wide range of educational pursuits ranging from study in
nursing, social care and other vocational courses, as well as
professional diplomas, HND and technical qualifications. The indications
are that there is substantial financial gain from these students
to the education sector (although this data is generally not separated
out from figures accounting for both degree and pre degree-level
courses). The group representing the interests of leading colleges
in the Further Education sector in the UK, the157 Group has set
out its findings that the 66,500 international students on technical
courses in FE colleges in England contribute £42 million
to college budgets from fees alone.[37]
8. Wider benefits are accrued from these courses,
both for the UK and for students themselves. Below degree-level
course qualifications gained in the UK are often well-regarded
overseas, promoting the reputation of UK education abroad. Moreover,
they play an important role in feeding students into the further
education system in the UK. As such below degree-level courses
often operate as a way for potential further education students
to acclimatise to a new educational system, to improve their English
or to gain foundation-level training before enrolling on degree-level
courses in the UK. This is reported by some working in further
education to have benefits for both the students and colleges,
with foreign degree-level students able to perform and adapt to
demands of degree-level study with greater ease.
9. Despite the value of below degree-level students,
the rationale behind potential restrictions is increasingly based
on the perceived risk of "abuse" of the system among
this group. However, existing data about the outcomes of migration
for below degree-level students presented by the home office has
not provided adequate support for this conclusion. Although the
recent home office study "Overseas students in the immigration
system" was used to demonstrate that they are more likely
to break the rules when here than those coming to study at degree-level,[38]
these findings fell far short of being conclusive. The report
offered up estimates for numbers of foreign students viewed as
"potentially non-compliant"—this figure actually
referred to those students who could not be accounted for in other
categories in the study. The actual figures relating to students
who had broken the terms of their leave in the UK, and the circumstances
in which this may have happened (ie was non-compliance intentional)
remain unknown.
10. We think that it is certainly likely that,
in particular, some private colleges, under-regulated by the government,
have engaged in exploitative practices which have led to migrants
falling foul of the rules. Accounts we have received from, for
example, within the Filipino community, indicate that there has
been significant abuse of individual students coming to the UK
by private colleges in order to study for below degree-level qualifications
in Health and Social Care. Individuals entering the UK, having
paid fees and with the full intention of studying here have reported
then finding that their college is either not legitimately operational
or has changed the rules, fees or requirements in order to exploit
them. In order to build a more accurate and nuanced picture of
the outcomes of below degree-level study for international students,
there is a need for better data collection supplemented by wider
qualitative research.
11. In terms of the policy response, instead
of preventing the majority of genuine students from taking below
degree-level courses in the UK, serious steps should be taken
to regulate private education institutions, and clamp down on
the potential exploitation of international students. Although
this has been referred to by the government in its current consultation,
the lack of concrete steps that will be taken to regulate the
sector do not reassure that this is a major focus for the government.
The impact, if any, that reductions in student
visas might have on the UK's standing in the world
12. In addition to the direct revenue gained
from foreign students to the UK, (estimates of the value of international
students to the UK economy range from £8.5 billion and £12.5
billion), there are much wider implications of reducing student
visas for the UK. The openness of the UK higher and further education
systems for global business has undoubtedly been important in
maintaining its position as a significant global player. Research
from the Work Foundation in 2008[39]
points out the importance of international students in building
the UK's position in the global knowledge economy—for which
there is considerable competition among OECD countries.
13. Recent research from the New Economics Foundation
supports this, pointing out that, although the UK is currently
in a relatively privileged position as regards its international
reputation for education, global trends are constantly in flux.
NEF points out that, currently, 49 of the world's top 100 universities
are identified as in the UK or USA.[40]
The position of these universities within global rankings is highly
competitive, and strongly related to the capacity of these countries
to attract the strongest international students and research talent.
In this regard, it is critical that countries can compete by offering
favourable conditions for foreign students, including providing
the possibility for further work at the end of their studies.
14. The UK's wider economic relationships are
also linked to its intake of foreign students, indicated by their
key countries of. The latest figures from the UKCISA[41]
indicate that the top countries of origin for international students
to the UK are rapidly changing. In 1998 the top five countries
of origin for students were Greece, Ireland, Germany, France and
Malaysia. In 2007 the picture was quite different, with China,
India, Ireland, the USA and Germany making up the top five countries
of origin for international students—all countries with
which the UK has an interest in maintaining a mutually beneficial
relationship. The negative impacts of changes to the UK immigration
system on international relations were demonstrated in late 2010,
when the Indian government made its concern clear around the prospect
of a UK cap on economic immigration.
15. In addition to lucrative and high profile
further education courses, it is important that below degree-level
courses are not viewed as insignificant in terms of the UK's international
standing. As outlined earlier, these courses are also likely to
play a significant role in supporting the position of the UK internationally—both
acting as a gateway for students into degree-level study, and
by enabling people from a broad range of countries to engage with
the UK educational system, and return with these skills to their
country of origin.
Whether the post study route should be continued
16. In addition to the direct revenue gained
from foreign students to the UK, (estimates of the value of international
students to the UK economy range from £8.5 billion and £12.5
illiobn), there are much wider implications of reducing student
visas for the UK. The openness of the UK higher and further education
systems for global business has undoubtedly been important in
maintaining its position as a significant global player. Research
from the Work Foundation in 2008 points out the importance of
international students in building the UK's position in the global
knowledge economy - for which there is considerable competition
among OECD countries.[42]
17. Recent research from the New Economics Foundation
warn that, although the UK is currently in a relatively privileged
position as regards its international reputation for education,
the government should be careful not to jeopardise this through
overly restrictive immigration policies. NEF points out that,
currently, 49 of the world's top 100 universities are identified
as in the UK or USA.[43]
The position of these universities within global rankings is highly
competitive, and strongly related to the capacity of these countries
to attract the strongest international students and research talent.
In this regard, it is critical that the UK can continue to compete
with other global players by offering favourable conditions for
foreign students coming to the UK.
18. Wider economic relationships are also linked
to the UK's intake of foreign students, indicated by the key countries
of origin for foreign students. The latest figures from the UKCISA[44]
indicate that the top countries of origin for international students
to the UK are rapidly changing. In 1998 the top five countries
of origin for students were Greece, Ireland, Germany, France and
Malaysia. In 2007 the picture was quite different, with China,
India, Ireland, the USA and Germany making up the top five countries
of origin for international students—all countries with
which the UK would wish to maintain a mutually beneficial relationship.
The negative impacts of changes to the UK immigration system on
international relations were demonstrated in late 2010, when the
Indian government made its concern clear around the prospect of
a UK cap on economic immigration.
19. In addition to lucrative and high profile
further education courses, it is important that below degree-level
courses are not viewed as insignificant in terms of the UK's international
standing. As outlined earlier, these courses are also likely to
play a significant role in supporting the position of the UK internationally—both
acting as a gateway for students into degree-level study, and
by enabling people from a broad range of countries to engage with
the UK educational system, and return with these skills to their
country of origin.
FURTHER COMMENTS
20. Overall, we are disturbed by the proposed
major changes to current policy, which remain unsupported by adequate
evidence, and in pursuit of an overall reduction in net immigration
to the UK. This goal is, in itself, aimed at reducing long-term
immigration to the UK, with wider concerns about population growth
vocalised by advocates of this goal. There is a case to be made
that, if the government's primary concern is with long-term settlement,
it is inappropriate to include international students in this
calculation. The recent home office research paper "The Migrant
Journey" found that only 3% of those entering the UK in 2004
as students later applied for settlement. This may be viewed as
undermining the inclusion of student's in the government consideration
of net immigration.
January 2011
36 See www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/reports/pbs-tier-4/overseas-students-report.pdf?view=Binary
and rds.homeoffice.gov.uk/rds/pdfs10/horr43c.pdf Back
37
www.157group.co.uk/files/colleges_international_contribution.pdf Back
38
www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/reports/pbs-tier-4/overseas-students-report.pdf?view=Binary Back
39
www.theworkfoundation.com/assets/docs/publications/30_globalisation.pdf Back
40 Figure attained
by NEF from Times Education World University Rankings, available
at:
www.timeshighereducation.co.uk/hybrid.asp?typeCode=438 Back
41
www.ukcisa.org.uk/about/statistics_he.php Back
42
www.theworkfoundation.com/assets/docs/publications/30_globalisation.pdf Back
43 Figure attained
by NEF from Times Education World University Rankings, available
at:
www.timeshighereducation.co.uk/hybrid.asp?typeCode=438 Back
44
www.ukcisa.org.uk/about/statistics_he.php Back
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