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
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