Student Visas - Home Affairs Committee Contents


Written evidence submitted by Universities UK (SV28)

EXECUTIVE SUMMARY

Universities are international organisations and are the largest volume users of the immigration system bringing in thousands of international staff, students and visitors every year. The Government's proposals to restrict and reduce students' temporary migration to the UK are problematic for universities in a number of ways.

The proposed blanket restrictions on English language qualifications and testing methods, work placements, progression and dependents would drastically reduce university income, interfere in academic matters and undermine institutional autonomy. The progression of students from other parts of the UK's education sector into higher education institutions would be severely affected and the attractiveness of the UK's universities would be diminished. Universities are already reporting prospective students and partners being deterred by the proposals published in December so it is likely that the current unfocused and far-reaching proposals will discourage well qualified students from coming to the UK rather than target abuse.

It would be more sensible for the Government to properly use the Highly Trusted Sponsor (HTS) arrangements and actually trust HTS institutions to recruit, admit and retain students appropriately, while restricting the activities and entitlements of non-HTS institutions and their students. The differentiated sponsorship system should be used to trust HTS institutions as the award of HTS status requires very high compliance levels.

HTS institutions should be able to determine their own language requirements as that is an academic matter for each institution. It is estimated that between 30% and 50% of international students joining university programmes prepare for study by taking a range of preparatory programmes in the UK (such as English for Academic Purposes (EAP), pre-sessional and international foundation programmes) run by universities or run in partnership with other providers in the UK.

HTS institutions should not be required to align their programmes on the academic/work placement proportions proposed. HTS institutions should not be required to provide specific evidence that a student is progressing from one course to another. If they are supporting a further visa application by a student by providing a CAS that should be considered sufficient.

Students attending HTS institutions should not have to leave the country between programmes. Students on student visitor visas at HTS institutions wishing to move into degree programmes at HTS institutions should be able to move into Tier 4 in the UK and not be required to leave the country to apply for a further visa.

It is concerning that students are being considered to be economic migrants subject to the Government's plans to limit migration when they are coming here to study not to live or work permanently and are required to support themselves without recourse to public funds. The Government's proposals to reduce international student numbers are in direct opposition to the ambitions and critical need of many universities to increase their international student numbers. This is particularly important as public funding for HE is decreasing and income diversification by universities is being pursued and encouraged by Government.

Universities UK would also wish to highlight concerns about the availability of data and the data being used by UKBA to advance some of the proposals in the student immigration consultation. While the consultation draws on a number of UKBA research reports to provide justification for some proposals there is still a lack of basic data about student visas and who they are issued to. For example, 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.

The research reports used by UKBA are problematic in a number of ways. The Migrant Journey report[7] found that 21% of students who entered the UK in 2004 were still in the UK in 2009 and this is used to support arguments for "breaking the link" between coming to the UK on a temporary basis and more permanent settlement and as evidence that significant numbers of students are seeking to stay in the UK for long periods. This appears to overlook the fact that students may be on five or six year programmes, may move from undergraduate to postgraduate programmes and may have legitimately switched into another immigration category with approval from UKBA.

The operational assessment of Tier 1 research[8] includes people who have used the Post Study Work route and found, from a very limited sample, that significant numbers of Post Study Work visa holders were in unskilled work. However, the definitions of skilled and unskilled work and salary levels used by UKBA are different to those applied to UK/EU graduates in the Destinations of Leavers from Higher Education survey.

Further analysis of the 2009 Labour Force Survey (LFS), used in the UKBA consultation to suggest that international students may be working more than the 21 hours per week during term allowed under their visa conditions, has indicated that the LFS sample of international students who are working more than 21 hours a week relates to 31 respondents.

Although many of the proposals are extremely concerning we welcome the emphasis on strengthening the accreditation arrangements for private providers and we would wish to emphasise the need for education quality to be the leading criteria used to determine the ability of a sponsor institution to bring international students into the UK.

Universities want to have positive and focused discussions on immigration matters with UKBA not for UKBA to provide advice beyond their remit on academic matters such as language competency and student progression. UKBA's efforts should be directed at targeting and minimising abuse rather than introduce greater complexity and upheaval to a system that has already experienced regular rules changes despite operating for less than two years.

UNIVERSITIES UK

Universities UK is the representative body for universities in the UK and has 133 members across the UK. The current President is Professor Steve Smith, Vice-Chancellor of the University of Exeter, and the Chief Executive is Nicola Dandridge.

UK UNIVERSITIES AND INTERNATIONAL STUDENTS

Universities are international organisations that depend on global mobility and compete in a global market. The UK's universities have an excellent reputation for high quality teaching and research. To maintain and enhance this reputation our universities need to be able to attract and recruit international students effectively and without disproportionate regulation and bureaucracy. Our established competitors such as the USA, Canada, Australia, New Zealand, France and Germany together with developing higher education systems in Singapore, China and India are competing fiercely with us for international talent and the UK will lose out by placing further restrictions on the mobility of international students.

In 2008-09 there were 251,310 international (non-EU) students in UK higher education institutions. These numbers have increased in recent years with a 106% increase in international student enrolments between 1999-2000 and 2008-09.[9] The UK has some of the most internationalised universities amongst OECD countries, with international students (defined by domicile) accounting for 14.7% of all higher education enrolments in 2008.[10] UK universities welcome students from over 190 countries, second only to the US in the diversity and total number of international students. The latest Times Higher Education World University rankings use the number of international students and staff as a measure of success.

Within the full-time postgraduate student community international students comprised 44.5% of total student numbers in 2008-09. In many strategically important subject areas international students sustain the UK's research base with international postgraduate students comprising over 62% of the total postgraduate community in engineering, 63% in mathematics and computer science, 27% in physical sciences and just under 24% in biological sciences.[11]

International students in the UK report very high levels of satisfaction. The International Student Barometer, an international survey of international students in UK universities, found that over 93% of international students in the UK were highly satisfied or satisfied with the expertise of the academics that taught them with very high levels of satisfaction reported for IT services, the Students Union and Student Support Services.

Income from international student fees provided 9% of the sector's income in 2008-09, in cash terms over £2.2 billion. International students make a significant contribution to their local economies, in 2007-08 off-campus expenditure by international students was around £2.3 billion.[12] International students in other parts of the education sector, many of whom progress into higher education, also make a significant economic contribution to the UK.

GOVERNMENT PROPOSALS ON CHANGES TO THE STUDENT MIGRATION ROUTE

The Government is consulting on changes to the student migration route from April 2011 that will seek to minimise abuse of the student route and also to reduce the number of international students in the UK. The Government's Programme for Government stated that:

  • "We will introduce an annual limit on the number of non-EU economic migrants admitted into the UK to live and work. We will consider jointly the mechanism for implementing the limit.
  • We will introduce new measures to minimise abuse of the immigration system, for example via student routes, and will tackle human trafficking as a priority."

It is interesting to note that the annual limit was only referred to in relation to economic migrants who come to the UK to live and work and students were not mentioned in relation to the limit on economic migrants. It is unfortunate that the government is including students within its definition of "migrant"[13] as students are only temporarily resident in the UK, pay their full costs and have no recourse to public funds.

All UK universities support the Government's attempts to minimise abuse as fraudulent use of the student route damages the reputation of the UK as a high quality destination for international students. All universities take their responsibilities as sponsor institutions very seriously and have invested significant resources in new staff, IT systems and other systems to enable them to comply with the requirements of Tier 4 of the points-based immigration system.

UK universities do not support the reductions in international student numbers. International education is major business success for the UK, generating billions of pounds in knock-on output for the UK economy and supporting thousands of jobs throughout the UK.[14] At a time of economic difficulties it is strange that the Government is proposing to undermine a successful export business with a consequent negative impact on the UK economy and jobs.

While the Government appears to be trying to "protect" higher education from changes by potentially focusing changes on other parts of the education sector there appears to be a fundamental lack of understanding by Government of the interdependency of the higher education sector on other parts of the sector as students progress from one sector to another, from English language or further education into higher education or from undergraduate to postgraduate.

It must also be noted that while the Government may be seeking to "protect" the current numbers of international students in higher education the number of international students will need to grow as institutions prioritise international activities over the next few years. The effect of cuts in public funding to universities mean that income from international students is critical to institutions' and will need to grow if institutions are to survive.

HOME AFFAIRS COMMITTEE INQUIRY AREAS OF FOCUS

Whether the cuts should be limited to certain types of courses (eg pre-degree level)

Restricting access by international students to programmes below degree level may appear of limited importance to universities but from analysis of HESA, UCAS and other data it is clear that a very significant number of international students in higher education were previously studying at a lower level at another type of education provider in the UK.

The education sector in the UK is interdependent with progression routes from one sector to another enabling students to undertake more of their education in the UK with benefits for academic performance, immigration compliance and income to the UK.

It would be more appropriate for UKBA to use its Highly Trusted Sponsor arrangements to differentiate between sponsors and sponsor entitlements rather than simply apply blanket restrictions on levels of study. There is much pre-degree level provision in the UK that is high quality and this should be supported as a successful activity and students who enter at pre-degree level appropriately supported to progress through the UK's education system into our universities.

The impact different levels of cuts might have on the various sectors

The proposals to restrict access to below degree provision by international students would have an rapid impact on all sectors of education.

The most immediate impact will be on non higher education providers initially but higher education institutions will be affected very quickly as significant numbers of international students progress every year from other parts of the education system into higher education.

The impact, if any, that reductions in student visas might have on the UK's standing in the world

International students are of value academically, culturally and financially to many parts of the UK and also to its international standing in research, innovation, business, trade and diplomacy.

The reputation of the UK as a welcoming destination for international students that has been supported and invested in not only by universities but also by the UK Government will be diminished and in some places lost if the Government's proposals are implemented. It will take many years to restore our reputation as international student mobility is not an activity that can be simply turned on again.

Policy changes that are nuanced for UK audiences are likely to be understood very differently overseas and the proposals currently being consulted on have already been noticed and commented on overseas. Universities are receiving feedback from applicants and overseas partners and the British Council expressing concern about the proposals and indicating that the UK is becoming increasingly less attractive as a study destination. Obviously if the proposals are implemented then this damage will deepen.

Whether cuts in student visas would have any effect on the decisions of highly qualified graduates to conduct research or take up teaching posts in the UK

Several of the proposals are likely to have a direct effect on the decisions of highly qualified graduates to conduct research or take up teaching posts in the UK as well as the negative effects of a general perception that the UK is not welcoming to international students.

The proposal to end the Post Study Work route will cause difficulties for the movement of international graduates from the student visa system into the employment routes.[15] A number of universities advise newly qualified PhD graduates to use the Post Study Work route to enable them to take up post doctoral positions at UK universities. This has become increasingly important over the last few months with the very tight restrictions on Tier 1 and Tier 2 visas and the closure of Tier 1 and the numerical limit on Tier 2 certificates will only add to difficulties for universities trying to enable highly talented graduates to move into academic work. The Post Study Work route is an important mechanism for these highly talented and often highly sought after individuals to remain in the UK.

The proposal to prohibit dependents from working in the UK is likely to have a particular effect on research students who are more likely to have dependents than students at other levels. If dependents are unable to work, not primarily for financial reasons (although that is likely to be important) but to do something "useful" with their time in the UK, then prospective research students may decide not to come to the UK. International students make a particular contribution to the UK's capacity in strategically important subject areas such as engineering, mathematics and computer sciences, physical sciences and biological sciences and if they are deterred from coming it will have a extremely detrimental impact on the UK's research and teaching activity in these areas.

Whether the post study route should be continued

The Post Study Work route needs further analysis rather than closure as it is a valuable route for international graduates to build on their academic experience with a period of work. It is a very useful part of the UK offer to international students and has helped to create positive views among prospective students. Any changes, particularly if they affect current students who had been recruited with an understanding that Post Study Work would be available on graduation, will be received very negatively by international students and prospective international students.

Universities UK suggests that it would be appropriate to look in more detail at the people using the Post Study Work route in terms of institutions attended and qualifications achieved. This data has not been provided by UKBA so there is rather limited information on what types of applicants have been using the route. The Government suggests that the route is not providing a route into skilled work for international graduates drawing on an analysis of a group of Tier 1 users but there are problems with their analysis as they apply different definitions of skilled work and skilled work salaries to those applied to UK and EU graduates six months after graduation.

As the Migration Advisory Committee commented in their report in 2009 on Tier 1[16] the Post Study Work route is currently available to people who have attended over 700 education institutions in the UK, which is a significantly larger number than the 165 higher education institutions in the UK.[17]

Rather than close the route based on very limited evidence it would be appropriate to undertake further analysis and then use that analysis to take properly informed decisions on mechanisms to enable international graduates from UK universities to move into the labour market. Possible options could include limiting Post Study Work to graduates from Highly Trusted Sponsor institutions or to postgraduates.

The educational routes through which students come to the UK to study at degree level; and

Universities UK can only comment on students entering UK higher education institutions and not on those studying "at degree level". There is no comprehensive data on the different educational routes used by students to enter UK higher education institutions but analysis of different data sources provides some indications of the use of different routes.

Universities UK has analysed HESA data to try to provide an indication of progression volumes into and within the higher education sector.

The figures outlined below relate to students with a known region of previous institution and as 63% of international entrants in 2007-08 had an unknown region of their previous institution, this field is not a mandatory field for data collection, these figures are likely to be significant underestimates and need to be considered as an indication of likely mobility rather than robust data.

The HESA data indicates that for first year non-EU domiciled undergraduates at UK HEIs in 2007-08), 46% or 9,684 were recorded as progressing from another UK education institution. The HESA data indicates that for non-EU PGT entrants in 2007-08 33% or 21,889 were recorded as having some previous experience of HE in the UK. The HESA data indicates that for non-EU PGR entrants in 2007-08 46.8% or 4,370 were recorded as having some previous experience of HE in the UK.

In total this data indicates that in 2007-08 almost 36,000 international entrants progressed from another education institution in the UK into their chosen programme and chosen institution.

Analysis by Universities UK of UCAS application data in 2009 indicates that the proportion of all non-EU applicants to UCAS who applied through UCAS centres in the UK was 75.6%.

Universities UK, in partnership with other organisations in the higher education sector, is gathering additional information on the numbers of international students who are on specific "pathway programmes" in the UK that operate in partnership with UK universities. While no overall figures are available yet it is clear that the number of students on these programmes has increased significantly in recent years and at least a third of international students at many UK universities were on such programmes prior to entry to universities.[18]

Progression through the UK education system is beneficial in a number of ways. Students gain a better understanding of the UK education system and approach to study, this is particularly important as many overseas school systems end at 17, and are able to adapt to higher education study more quickly than those coming directly from overseas. Progression through the UK system also delivers more income to the UK and supports a larger number of jobs in other parts of the education system.

UKBA should have some data on students who move through the UK education system as they will need to make new visa applications at certain points but as far as Universities UK is aware this data is not publicly available.

Despite the lack of comprehensive data it is clear that the different routes from other parts of the UK education sector into higher education institutions are very important.

INTERNATIONAL COMPARISONS

Compared to the UK there has been much tighter control of private sector education institutions wishing to recruit international students in Australia, New Zealand and to some extent Canada. In those countries public sector institutions are trusted to comply with immigration requirements and allowed to recruit, admit and retain international students in accordance with their existing policies and processes as their immigration authorities recognise that they are already highly regulated institutions. The focus for private provider compliance is based in ensuring that their provision is of appropriate quality and that the international student experience is supported. Immigration compliance follows from ensuring quality provision and the student experience.

Canada has introduced a similar scheme to the Post Study Work route that enables graduates from recognised Canadian higher education institutions to apply to stay in Canada for a period after graduation.

It may be appropriate to consider the problems experienced by both the US and Australia following decisions to restrict international student mobility.

The US experience was particularly painful as changes introduced following September 11, 2001 contributed to a 20% reduction in the number of international student visas issued by the US in 2002 compared to 2001 with consequent reductions in international student enrolments. International student enrolments in the US only started to increase in 2005-06 following re-adjustments to the visa system.[19] As a paper published by Georgetown University commented:[20]

The U.S. visa system cannot alone be blamed for a decline in international student enrollment, but addressing the problems with visa policy and practice may create an opportunity to work toward reversing this decline. It is essential to consider both the real and perceived deficiencies of the U.S. visa system when working to improve and explain visa policy and practice.

The perception of the United States as unwelcoming—which is in part perpetuated by cumbersome visa processes—inspires an ill will against America that the United States can hardly afford.

The Australian experience is more recent and its long-term impact not yet clear but the Australian Government issued nearly 16% fewer student visas in 2009-10 compared to 2008-09[21] following changes to the visa system in early 2010. These changes were aimed at preventing students gaining permanent residence through lower-skilled vocational student immigration routes but resulted in a drop in demand for all types of Australian educational institutions from international students. Following representations by education institutions the Australian Government eased the requirements in December 2010.

January 2011



7   The Migrant Journey, Home Office Research Report 43, 2010. Back

8   Points based system Tier 1: an operational assessment. International Group, UKBA October 2010. Back

9   Patterns of higher education institutions in the UK: tenth report. Universities UK, 2010. Back

10   Education at a Glance 2010: OECD Indicators. OECD, 2010. Back

11   Universities UK analysis of HESA student record. Back

12   The impact of universities on the UK economy. Universities UK, 2009. Back

13   The Government uses the definition of "migrant" as anyone who is in the UK for more than 12 months. Back

14   Knock-on output generated throughout the UK economy from international students estimated at £3.26 billion and knock-on employment generated equivalent to 27,868 full time jobs in 2007-08-The impact of universities on the UK economy. Universities UK, 2009. Back

15   Just under 20% of new non-EU entrants to the academic workforce at UK HEIs in 2008-09 were previously international students in the UK. Universities UK analysis of HESA staff data. Back

16   Analysis of the points-based system: Tier 1. Migration Advisory Committee, December 2009. Back

17   Higher education in facts and figures. Universities UK, Summer 2010. Back

18   Data will be available by the end of January 2011 on student numbers in these programmes. Back

19   Students on the Move: The Future of International Students in the United States. American Council on Education Issue Brief, 2006. Back

20   Voices of Hope, Voices of Frustration: Deciphering US Admission and Visa Policies for International Students-Janine Keil, Institute for the Study of Diplomacy, Edmund A. Walsh School of Foreign Service, Georgetown University, 2006
www12.georgetown.edu/sfs/isd/ISD_Visa_Report.pdf 
Back

21   Fact Sheet 50-Overseas Students in Australia. Department of Immigration and Citizenship, Australian Government, 2010. Back


 
previous page contents next page


© Parliamentary copyright 2011
Prepared 25 March 2011