DOCTORATE EXTENSION SCHEME OVERVIEW AND FREQUENTLY ASKED QUESTIONS

Transcription

1 1 DOCTORATE EXTENSION SCHEME OVERVIEW AND FREQUENTLY ASKED QUESTIONS 28 March 2013 DOCTORATE EXTENSION SCHEME OVERVIEW AND FREQUENTLY ASKED QUESTIONS From 6 April 2013, students completing a PhD or other doctorate-level qualification at an HEI in the UK will be able to apply to stay in the UK on a Tier 4 visa for 12 months after they complete their course, under the Doctorate Extension Scheme. This scheme is designed to allow full-time Tier 4 students who complete a PhD/doctorate a longer period to find work with a Tier 2 employer, set up as an entrepreneur, or to gain practical work experience in their field. It will operate within Tier 4, reflecting the fact that it is a sponsored scheme offering an extension of leave to existing students. This document is designed to help potential applicants and sponsors understand the purpose and scope of the Doctorate Extension Scheme. It outlines the scheme s main features and provides answers to some frequently asked questions. It should be regarded as a supplement to the Immigration Rules and Tier 4 policy guidance for migrants and sponsors, which set out the full details of participants responsibilities. It is not a living document, so sponsors and applicants should consult the guidance on any future adjustments to the scheme. SCHEME OVERVIEW No. of Places: Unlimited Settlement: Time spent under Tier 4 does not count towards settlement. Switching: Can subsequently switch into Tier 1 and Tier 2 (General). Eligibility criteria: Applicants must have current Tier 4 leave to study a PhD or other doctorate-level degree at an HEI in the UK. (In line with the existing Tier 4 Rules, the course-type specified in the Immigration Rules is PhD, but accompanying policy guidance makes it clear that most other doctorate-level qualifications are also within scope.) Applications can only be made from within the UK. Students who complete their course before 6 April are not eligible to apply, regardless of whether they have continuing Tier 4 leave. Dependants: Existing Tier 4 rules on dependants will apply. Dependants can apply for entry clearance to join a Doctorate Extension Scheme migrant, or for further leave to remain if they are already here. Work: Applicants will stay on Tier 4 work conditions while they continue to study. Their work conditions will change on the date they complete their course (or on the date their new leave is issued, whichever is sooner). They will no longer be subject to any work restrictions (other than on work as a doctor or dentist in training or professional sportsperson or coach).

2 2 DOCTORATE EXTENSION SCHEME OVERVIEW AND FREQUENTLY ASKED QUESTIONS 28 March 2013 Study: Standard Tier 4 restrictions will apply while the student is completing their PhD/doctorate. Once they have completed their course, only supplementary study will be permitted. Fee: Standard Tier 4 fees will apply. Sponsor requirements: A key principle of Tier 4 is that education providers must take responsibility for temporary migrants they sponsor to remain in the UK. This overarching principle applies equally to the Doctorate Extension Scheme, but the sponsorship requirements are light-touch. The sponsor should maintain an ongoing relationship with the migrant and offer them support to make the most of their additional time in the UK. It is expected that sponsor and migrant should determine the most appropriate arrangements for maintaining this relationship based on the individual circumstances of the case. In recognition of the fact that the scheme is aimed at top students and HEIs, few formal obligations will apply. As a minimum, there must be at least two contact points at regular intervals while the migrant is on the scheme. The sponsor will be required to notify UKBA of certain specified events. Application process Students wishing to stay in the UK on the Doctorate Extension Scheme must apply for further leave to remain under Tier 4 and meet the standard maintenance requirements for those with an established presence. The application must be made: before the student s existing Tier 4 leave expires; before the student completes their course; and up to 60 days before the course end date specified on the CAS. Course completion: the student will be considered to complete their course on the date specified by the HEI in the formal confirmation that that the PhD/doctorate is completed to the standard required for the award. Course end date specified on the CAS: when issuing the CAS to be used in the Doctorate Extension Scheme application the sponsor must specify a course end date. This should be the expected course end date agreed by the sponsor and migrant in the weeks before the student completes the course, and may be different from the course end date given on the original CAS. The student s 12 months additional leave will start from this date, so it is important that it is as accurate as possible.

3 3 DOCTORATE EXTENSION SCHEME OVERVIEW AND FREQUENTLY ASKED QUESTIONS 28 March 2013 FREQUENTLY ASKED QUESTIONS Eligibility Will those completing an HEI-validated PhD/doctorate at a private college be able to apply? No. When will the student be expected to apply? Up to 60 days before the expected course completion date specified on the CAS that accompanies the application. This may vary from the course end date specified on the CAS used in the application for their current period of leave. Students are encouraged to apply as early as they can during that period. If they make an application close to their course completion date UKBA will process the application, but the completing student may not receive the documentation confirming their change of conditions until after they have completed their course. Can a migrant apply for the Doctorate Extension Scheme after the completion of their course? No. The application must be made before they complete their course. Applications made after the course has been completed will be refused. Can a migrant apply from outside the UK? No. This is a Tier 4 extension scheme designed to allow PhD/doctorate students who are studying full-time in the UK to stay here for an additional 12 months. Only those who are currently a full-time student may apply. Applications must therefore be made from within the UK. Can a migrant who has completed a PhD/doctorate outside the UK apply? No. Only those completing a course at an HEI within the UK on a Tier 4 visa can apply. Will students on a student visit visa be able to apply under the scheme? No, only those with valid Tier 4 leave who have not yet completed their PhD/doctorate are eligible to apply. Will students whose leave expires between thesis submission and course completion be able to apply? No. Only those who have current Tier 4 leave when they complete their course can apply. Students whose leave expires before they complete their course must apply for further leave as a Tier 4 student if they wish to make a subsequent application for the Doctorate Extension Scheme.

4 4 DOCTORATE EXTENSION SCHEME OVERVIEW AND FREQUENTLY ASKED QUESTIONS 28 March 2013 Can students who have been granted leave on the Doctorate Extension Scheme reapply if their course completion date subsequently slips? No. Students can only have one grant of Tier 4 leave on the Doctorate Extension Scheme, and their additional 12 months leave will run from the expected course end date specified on the CAS accompanying their application. No further extension of Tier 4 leave will be given, regardless of whether they complete their course later than the expected end date specified. Will Tier 4 ATAS and English language requirements apply? Yes, but as applicants will already have been issued Tier 4 leave to study a PhD/doctorate, sponsors can assess their English language on the basis of their study with them to date. Where a student s ATAS certificate continues to be valid from their last application, this can also be re-used. Information for sponsors on how to complete the English language and ATAS fields on the CAS is available in the CAS completion guide, a new version of which will be published on 6 April.. This will be available from 6 April at: uidance/ Conditions of leave What are the conditions of the migrant s leave during this period? Migrants on the Doctorate Extension Scheme have more generous work conditions than students on a standard Tier 4 visa. There are no restrictions on work for Doctorate Extension Scheme migrants (except for work as a doctor or dentist in training, or as a professional sportsperson or coach). Once the migrant has been issued leave on the Doctorate Extension Scheme, the new conditions will take effect automatically on the date they successfully complete their PhD/doctorate. Until they complete their course, their work restrictions will remain the same as any HEI student s Tier 4 visa (work up to 20 hours a week during term time and unlimited work during vacations). Will the new conditions apply as soon as the student completes the course, providing they have made a valid application to the Doctorate Extension Scheme? The Immigration Rules provide that the new conditions will apply as soon as the student completes the course, providing they have made a valid application to the Doctorate Extension Scheme. On making their application, applicants will receive notification that their conditions will change on the date they successfully complete their PhD/doctorate.

5 5 DOCTORATE EXTENSION SCHEME OVERVIEW AND FREQUENTLY ASKED QUESTIONS 28 March 2013 Is it a condition of the migrant s leave that students be seeking skilled work? The Doctorate Extension Scheme is intended to provide a period of leave during which the completing student can gain further experience in their chosen field, seek skilled work under Tier 2, or develop plans to set up as an entrepreneur. However, there is no formal requirement that they be actively seeking this work. Can the migrant take unskilled work? There are no restrictions on the type of employment the migrant can take during this period (except for work as a doctor or dentist in training, or as a professional sportsperson or coach). Must work be with an employer on the sponsorship register? No. The Doctorate Extension Scheme will operate under Tier 4, and the completing student s educational institution will continue to have sponsorship responsibility for them during this period. There will be no sponsorship obligations on employers. How will the migrant prove to employers that they have the right to take a permanent full-time position? The migrant s Biometric Residence Permit will confirm that they are a Tier 4 (General) student on the Doctorate Extension Scheme and permitted to work fulltime after their course. The conditions of leave will be set out in full on the accompanying approval letter. If a student wishes to take a full-time permanent vacancy while their application to the Doctorate Extension Scheme is still being processed, their prospective employer can consider asking for verification that an intime application has been made from the Employer Checking Service. Can the migrant bring their dependants to the UK? Yes. If the migrant wishes to be joined by dependants who are currently overseas, their family members can apply for entry clearance under the established rules for Tier 4 dependants. Dependants who are already in the UK can stay, providing they meet the rules. Can the migrant leave and re-enter the UK once they have leave under the Doctorate Extension scheme? Yes, the migrant is permitted to re-enter the UK at any time during their leave. What if the student fails to successfully complete their course? Sponsors are required to notify the UK Border Agency if the migrant is awarded a lower-level qualification or stops studying for a PhD/doctorate without being awarded a qualification. The student s leave will be curtailed to a date in line with standard Tier 4 timeframes (for example 4 months beyond the course end date where the student was studying a course of 12 months or more.)

6 6 DOCTORATE EXTENSION SCHEME OVERVIEW AND FREQUENTLY ASKED QUESTIONS 28 March 2013 Sponsor obligations What details should be entered on the CAS? Detailed information on how to complete the CAS for Doctorate Extension Scheme applicants will be available in the CAS completion guide. This will shortly be updated and will be available from will be available from 6 April at: uidance/ Why don t you re-introduce a post-study work visa rather than expecting universities to continue to act as sponsors to graduates? Sponsorship underpins the Points-Based System. The Government believes that businesses and educational institutions who wish to bring temporary migrants to the UK should take some responsibility for them while they are here. In the case of the Doctorate Extension Scheme, the educational institution bringing that student to the UK and requesting that they be given permission to stay on after their studies must vouch for that completing student and maintain a relationship with them until they leave the UK or transfer to another sponsor as part of a successful Tier 2 application. Maintaining a relationship with high-achieving alumni should also bring benefits to awarding institutions, but there is no obligation on HEIs to sponsor migrants on the scheme. What are the obligations on sponsors? By agreeing to sponsor a completing PhD/doctorate student and issuing them with a CAS for the Doctorate Extension Scheme, the institution is confirming that: they expect the student to complete their course and gain a qualification conferring the title of Doctor on the course end date specified on the CAS; they have confirmed the student is aware of their responsibility to abide by the conditions of their Tier 4 visa, including that they will leave the UK when their visa expires unless they have obtained further valid leave; and they will maintain contact with the migrant during the time they are on the scheme. At a minimum, this must consist of at least two contact points at regular intervals during the 12 months. What format should course contacts take? It is the responsibility of the sponsor and migrant to determine the most appropriate format for their contact points, depending on the type of support the migrant needs. Sponsors can determine the most appropriate format for these contacts. Acceptable methods may include a meeting either in person or using Skype, telephone contact or contact by .

7 7 DOCTORATE EXTENSION SCHEME OVERVIEW AND FREQUENTLY ASKED QUESTIONS 28 March 2013 What are the contacts expected to cover? Sponsors should decide how best to use the contacts to support the migrant during their time on the Doctorate Extension Scheme, and to determine whether any notifications need to be made to the UK Border Agency. What happens if the migrant completes their course earlier or later than the course end date specified on the CAS? The migrant can only be granted one period of leave on the Doctorate Extension Scheme and their new conditions will only apply once they have completed their course, so it is important to make every effort to predict this date with as much accuracy as possible. However, there is no formal requirement that the migrant completes the course on or around that date and no negative consequences for the sponsor if they complete earlier or later. What notifications will the sponsor be expected to make, and how? Sponsors will be expected to use the sponsor management system to notify the UK Border Agency of the following: The migrant successfully completes their course. The migrant does not complete their course or is awarded a qualification lower than doctorate level. The migrant misses a scheduled contact with the sponsor and fails to provide an adequate explanation for doing so. The sponsor becomes aware that the migrant has left the UK permanently. The sponsor has reason to believe the graduate is breaching the conditions of their leave. The migrant is no longer participating in the scheme (i.e. they have switched into another migration route). They withdraw their sponsorship. What if the migrant misses a contact, or doesn t respond to ? The sponsor should use their judgment to determine what is reasonable. If a student misses a contact without getting in touch with the sponsor to provide a reasonable explanation, and the sponsor cannot re-establish contact with them, they should consider withdrawing sponsorship.

8 8 DOCTORATE EXTENSION SCHEME OVERVIEW AND FREQUENTLY ASKED QUESTIONS 28 March 2013 Sponsor compliance How will the UK Border Agency check that the sponsor meets their obligations? The Border Agency may check that sponsors are fulfilling their obligations through normal compliance activity. What will be the consequences for sponsors who do not meet their obligations? If there is evidence that sponsors are failing to take reasonable steps to fulfil their responsibility to make contact with the completing student the UK Border Agency may take this into account as part of routine activity to ensure sponsors are complying with their obligations. But we want to reassure sponsors that this is intended to be a light-touch sponsorship arrangement, building on the type of supportive relationship that many universities already choose to maintain with their alumni. Will sponsors be responsible for ensuring the completing student actively seeks skilled work? The sponsor s role is to maintain a supportive relationship with the completing student, encouraging them to use the time to gain experience in their specific field or seek skilled work. However, the sponsor does not have any formal responsibilities in this regard. What will be the consequences for sponsors if the student fails to leave the UK at the end of their visa or apply for further leave? No compliance action will be taken against the sponsor. However, the Home Office will closely monitor this new scheme to ensure it is operating as intended, and will take action if there is evidence of widespread abuse. In what circumstances will curtailment action be taken against migrants given leave under the Doctorate Extension Scheme? The UK Border Agency will curtail leave where the sponsor withdraws their sponsorship of the migrant. It would be appropriate to withdraw sponsorship in the following circumstances: The migrant finishes their course without successfully completing their PhD/doctorate, or is awarded a lower qualification. The migrant has missed a scheduled contact with the sponsor without reasonable explanation, the sponsor is subsequently unable to make contact with the migrant, and does not reasonably expect them to make further contact. The migrant notifies the sponsor that they are permanently leaving the UK. The sponsor becomes aware that the migrant is breaching conditions of their leave.

9 9 DOCTORATE EXTENSION SCHEME OVERVIEW AND FREQUENTLY ASKED QUESTIONS 28 March 2013 There may be other circumstances in which a sponsor considers it is appropriate to withdraw sponsorship, but this will be for the sponsor to decide. How will the Doctorate Extension Scheme affect HTS assessments? We expect refusal rates to be extremely low, so we do not expect Doctorate Extension Scheme applications to have any impact on HTS assessments. Home Office 28 March 2013