Question to the Home Office:

To ask the Secretary of State for the Home Department, what assessment is made before granting a Student Visa of whether the applicant is a genuine student whose primary purpose is study.

All applicants seeking permission under the Student route must meet the English language requirements set out in the Immigration Rules. Applicants studying at degree level or above must demonstrate English language ability at level B2 of the Common European Framework of Reference for Languages, while those studying below degree level must demonstrate ability at level B1. Higher education providers with a track record of compliance may assess the English language ability of applicants studying at degree level or above using a method they consider appropriate. The provider must record the method of assessment on the Confirmation of Acceptance for Studies and retain evidence of that assessment. UK Visas and Immigration may assess a sponsor’s arrangements for determining English language ability as part of its compliance activity, including during a compliance visit. Sponsors that are not permitted to assess English language ability must ensure that applicants provide evidence through one of the methods specified in the Immigration Rules, such as an approved Secure English Language Test. Individuals remain subject to review during the visa process and at the border, and may be refused entry where they do not meet the relevant requirements.

All applicants seeking permission under the Student route are required to satisfy the genuine student requirement set out in the Immigration Rules. UK Visas and Immigration considers each application on its individual merits and assesses all the information and evidence available. This may include the applicant’s immigration and education history, the relevance of the proposed course to their previous study and future plans, their knowledge of the course and sponsoring institution, their reasons for choosing to study in the UK, and their financial circumstances. Where further information is required, the applicant may be invited to attend a credibility interview. An application may be refused where the decision maker is not satisfied, on the balance of probabilities, that the applicant is a genuine student.

Student sponsors must maintain oversight of sponsored students throughout their studies and notify UK Visas and Immigration of reportable events relating to their students. These include non-enrolment, a failure to attend or engage, withdrawal from a course, and earlier-than-expected completion. Sponsors are assessed in the annual Basic Compliance Assessment on the rates of non-enrolment and course completion. If sponsorship is withdrawn or an individual no longer satisfies the Student route requirements, their permission may be cancelled in accordance with the Immigration Rules.

The Home Office can conduct both virtual audits and in-person visits (either announced or unannounced) of sponsors at any time to assess their compliance with their sponsorship duties. Sponsors are assessed annually against the Basic Compliance Assessment requirements of refusal rate, enrolment rate, and course completion rate. Sponsors must also request their allocation of sponsorship certificates annually, and the Home Office will take account of factors including the number of students currently studying at the institution, its student-to-teacher ratio, the number of full-time teaching staff and the capacity of its premises. These arrangements support oversight of the number of sponsored students and whether a sponsor can continue to meet its sponsorship duties

Education providers must hold a valid Student sponsor licence and meet the relevant educational oversight and immigration compliance requirements to sponsor international students. Student sponsors must also apply for a Basic Compliance Assessment (BCA) each year to demonstrate that they continue to meet the required compliance standards. UK Visas and Immigration monitors sponsors through risk-based compliance activity and may take appropriate action where the required standards are not met or wider concerns are identified. Student route applications are considered on their individual merits against the Immigration Rules, including the requirement to demonstrate knowledge of English.

Student sponsors are required to monitor the academic engagement of sponsored students and report specified changes in their circumstances to UK Visas and Immigration, including where a student fails to enrol, ceases to study or sponsorship is withdrawn. Where an individual no longer meets the requirements of the Student route, the Home Office may cancel their permission in accordance with the Immigration Rules. Individuals must leave the UK before their permission expires, unless they have made a valid application for further permission to stay. Those who remain in the UK without permission are liable to enforcement action.