Immigration Barristers' Blog

The Government should switch to a more rational method of measuring student migration flows and only count students who stay on in the UK permanently in net migration figures, according to a new report published by the think tank IPPR.

IPPR’s report argues that the current method of measuring student migration flows gives the Government a perverse incentive to cut international student numbers in the short term, rather than focusing on what it states is its real aim: reducing long-term net migration. Only around 15% of students stay permanently and contribute to long-term net migration.

IPPR’s analysis suggests that the current method of measuring student migration flows provides the Government with an opportunity to “game” its own 2015 net migration target by reducing the number of genuine international students coming to the UK in 2012-14. Although this would have little impact on real long-term net migration - because most students do not stay long-term - it would have a significant short-term impact on the target.

The report shows that planned Government reductions in student migration would cost the UK £2-3bn a year in economic contributions from the loss of 50,000 students per year while having only a small impact on long-term net migration.

The report recommends that the Government switch to a more rational method of measuring student flows, which would give a true picture of the trade-offs between controlling long-term net migration and the benefits of international students to the economy and the education sector.

The National Audit Office (NAO) has issued a report on the 2009 implementation of a points based route, known as Tier 4, by which students from countries outside the European Economic Area can study in the UK.

The report has found that the UK Border Agency implemented Tier 4 with flaws which were predictable and could have been avoided. The Agency has not dealt efficiently and effectively with overstayers and students in breach of the rules.

Under the previous system of student immigration for non-EEA students, replaced by Tier 4, there was no limit to the number of students whom a college could enrol and students were free to move college and course as they wished without notifying the Agency. Under Tier 4, each student must be sponsored by educational institutions licensed by the Agency and cannot change college without applying to the Agency. Sponsoring colleges are responsible for judging students' intentions to study.

The Agency implemented Tier 4 before the key controls were in place. Based on college enrolment rates and changes in application patterns, the NAO estimates that, in its first year of operation, between 40,000 and 50,000 individuals may have entered the UK via Tier 4 to work rather than to study. The Agency did not check that those who entered the UK as students were attending college.

The Agency introduced new controls in 2011 and a fully-documented compliance strategy in December 2011 that are likely to reduce the number of problem students. But it will not be possible to determine the value for money of the Points Based System for students, unless the Agency establishes ways to measure its success in tackling abuse, including how it deals with overstaying, and to establish the full cost of its Tier 4 related activities.

New rules will come into force within weeks to ensure that the brightest and the best students can stay and work in the UK, Immigration Minister Damian Green has announced.

Students can currently work in the UK for two years after their studies have finished, under the Tier 1 (Post-study work) route. But from 6th April, a more selective system will come into effect so only the most talented international graduates can apply to stay in the UK for work purposes.

Only those who graduate from a university, and have an offer of a skilled job at a salary of at least £20,000 (or more in some cases) from a reputable employer accredited by the UK Border Agency, will be able to continue living and working in the UK.

The rules are part of a radical overhaul of the student visa system, which will:

• encourage growth - a new Graduate Entrepreneur route will open, with up to 1,000 places for students working on world-class innovative ideas who want to stay and develop them but do not meet the requirements of the Tier 1 (Entrepreneur) route;
• boost the economy - young entrepreneurs or small company directors will get the chance to stay on in the UK after their studies if they have £50,000 to invest in their business;
• ensure that students can support themselves - for the first time since 2008, there will be an increase in the amount of money that students and working migrants (and their dependants) must prove they have to support themselves financially during their time in the UK; and
• tackle abuse - restricting work placements to one-third of the course for international students who are studying below degree level will ensure that those coming to the UK are here to study, not to work (as was often the case in the past). Additionally, the time that can be spent studying at degree level will be restricted to a general limit of five years.

Private higher education colleges face being devastated by a 'misplaced' clampdown on overseas students, CentreForum has warned.

In a new report, the think tank calls for the reversal of student visa controls which prohibit international students enrolled on HE courses at private colleges from working part time to support their studies.

Since these controls were introduced in 2011, enrolment numbers are estimated to have dropped by around 70%. One private institution, Cavendish College London, has already closed, while others face being taken over by public universities.

CentreForum had previously warned government about the adverse impact of the Tier 4 student visa reforms. It is now concerned that the impact has been 'swift and probably even more devastating than was predicted.'

In its report, CentreForum recommends that:

• The government should give Tier 4 visa applicants on HE courses at private colleges the same working rights as those studying at public universities.
• Tier 4 international students should be treated as temporary visitors rather than permanent migrants, and should be excluded from the government's net migration figures.

Tough new rules and enforcement action to stop abuse of the student visa system mean that over 450 education providers will no longer be able to sponsor new international students.

According to a report issued by the European Commission, foreign students still experience difficulties coming to the EU to study, due to an uneven implementation of the relevant EU legislation.