Please confirm what instructions were given to Tier 4 sponsors in relation to ETS TOEIC. Please specifically confirm if:

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1 Freedom of Information Team Customer Service Operations North East, Yorkshire and the Humber Responder Hub PO Box 3468 Sheffield S3 8WA Hasil Makkar Fax: +44 (0) FOI Reference: 32102/ July 2014 Dear Mr Makkar Thank you for your enquiry of 21 May in which you requested information on the Educational Testing Service - Test of English for International Communication (ETS TOEIC). This has been dealt with as a request for information under the Freedom of Information Act I am sorry for the delay in my reply. You requested: You wrote to various Tier 4 applicants in February / March 2014 informing them that you will place their applications on hold if they supplied English Language result certificates from ETS TOEIC whilst you carried on your investigation. Please confirm what instructions were given to Tier 4 sponsors in relation to ETS TOEIC. Please specifically confirm if: 1. You instructed any Tier 4 registered sponsors to stop accepting ETS TOEIC certificates in relation to issuing a Confirmation of Acceptance letter (CAS)? We have not issued any instructions to sponsors regarding non acceptance of ETS test certificates. Students overseas can make a visa application relying on an ETS certificate as long as the visa application is made, and the visa fee is paid before 22 July You instructed any Tier 4 registered sponsors to withdraw CAS letter of applicants who applied using English Certificate from ETS TOEIC?

2 We have not issued any instructions to sponsors regarding the withdrawal of Confirmation of Acceptance for Studies (CAS) letters. As before students overseas can make a visa application relying on an ETS certificate as long as the visa application is made, and the visa fee is paid before 22 July Any other instruction given to Tier 4 registered sponsors in relation to ETS TOEIC? Please see Annex A. Annex A contains all of the letters we have issued to either the Joint Education Taskforce (JET) or T4 sponsors regarding ETS TOEIC. The names of individuals have been redacted. The general policy of the Home Office is not to disclose, to a third party, personal information about another person. This is because we have obligations under the Data Protection Act and in law generally to protect this information. The names of individuals are exempt from disclosure under Section 40(3) of the FOI Act. This exempts personal data if disclosure would breach any of the data protection principles. I hope this is of help to you. If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting a complaint within two months to the address below, quoting reference If you ask for an internal review, it would be helpful if you could say why you are dissatisfied with the response. Information Access Team Home Office Ground Floor, Seacole Building 2 Marsham Street London SW1P 4DF [email protected]. As part of any internal review the Department's handling of your information request will be reassessed by staff not involved in providing you with this response. If you remain dissatisfied after this internal review, you would have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act. Yours sincerely Sandra Birkinshaw We value your feedback, please use the link below to access a brief anonymous survey to help us improve our service to you:

3 Annex A Dear [FORENAME], The Home Office is determined to tackle abuse of the immigration system. We have been conducting an intensive investigation into the provision of English language testing by Educational Testing Services (ETS) BV, one of five companies licensed by the Government licensed by the Home Office to provide Secure English language testing in the UK. ETS are continuing to analyse test results from their UK test centres and so far they have identified more than 48,000 test results of serious concern, with many of these test certificates being used as evidence of English language proficiency by individuals at universities and private colleges. Earlier today, we took action against three universities to stop them from sponsoring new international students or those applying to extend their leave to remain in the UK. These universities are: Glyndwr University Tier 4 licence suspended; University of West London unable to sponsor new students (assigned zero Confirmation of Acceptance for Studies); and University of Bedfordshire unable to sponsor new students (assigned zero Confirmation of Acceptance for Studies). In addition, we have also suspended the Tier 4 licences of 57 privately-operated further education colleges (listed overleaf). A copy of the Immigration and Security Minister s oral statement can be found on the Home Office website. These are not steps that we have taken lightly. Following investigations, we were not satisfied at this stage that these institutions are fulfilling the sponsorship requirements. That is why we have taken action to prevent them from sponsoring new students. Further investigations will be carried out, following which a decision will be made on further action. Officials will be working closely with education partners and will invite Universities UK, the UK Council for International Student Affairs, the Higher Education Funding Council for England, the Scottish Funding Council, the Higher Education Funding Council for Wales and the National Union for Students to join a working group to minimise the impact on genuine students and ensure they have access to all the information they need.

4 The attached factsheet sets out further information on the action we are taking, and explains the impact it will have on affected institutions existing and prospective students. We want to reassure you and genuine international students who are already studying, or plan to study, in our universities that we welcome them to the UK. Genuine international students are an asset to our education sector. The vast majority of international students meet our strict immigration requirements, and will not be affected by these suspensions. For further information see the secure English language testing pages on Gov.UK. Home Office Communications

5 Dear [FORENAME], Abuse of Immigration Student Route - Suspension of Sponsor Licences The Home Office is determined to tackle abuse of the immigration system. We have been conducting an intensive investigation into the provision of English language testing by Educational Testing Services (ETS) BV, one of five companies licensed by the Home Office to provide Secure English language testing in the UK. ETS are continuing to analyse test results from their UK test centres and so far they have identified more than 48,000 test results of serious concern, with many of these test certificates being used as evidence of English language proficiency by individuals at universities and private colleges. We have taken action against three universities to stop them from sponsoring new international students or those applying to extend their leave to remain in the UK. These universities are: Glyndwr University Tier 4 licence suspended; University of West London unable to sponsor new students (assigned zero Confirmation of Acceptance for Studies); and University of Bedfordshire unable to sponsor new students (assigned zero Confirmation of Acceptance for Studies). In addition, we have also suspended the Tier 4 licences of 57 privately-operated further education colleges (listed overleaf). A copy of the Immigration and Security Ministers oral statement can be found on the Home Office website. These are not steps that we have taken lightly. There is no doubt that organised crime was involved in facilitating this fraud, and this was a large criminal conspiracy. Following our investigations we are not currently satisfied that the institutions we have acted against are fulfilling the sponsorship requirements. We also know many of the students at these institutions are abusing immigration controls and appear to have obtained leave by deception. That is why we have taken action to prevent these institutions from sponsoring new students whilst further investigations are carried out. I am also very aware of the need for effective communications and support to the education sector and genuine students at the institutions we have acted against. We also need to ensure that we are clear in our communications to prospective students overseas that the UK remains open and welcoming to genuine students. The Home Office will work with officials across government to ensure we reassure genuine

6 international students who are already studying, or plan to study, in our universities that we welcome them to the UK. My officials are already working closely with education partners and will be inviting Universities UK, the UK Council for International Student Affairs, the Higher Education Funding Council for England, the Scottish Funding Council, the Higher Education Funding Council for Wales and the National Union for Students to join a working group to minimise the impact on genuine students and ensure they have access to all the information they need. The attached factsheet sets out further information on the action we are taking, and explains the impact it will have on affected institutions existing and prospective students. It is important we get this right. Genuine international students are undoubtedly an asset to our education sector and economy. If you require further information please contact For sponsorship questions Redacted For policy questions Redacted Sarah Rapson Director-General UK Visas and Immigration

7 Dear [FORENAME], The Home Office is determined to tackle abuse of the immigration system. We have been conducting an intensive investigation into the provision of English language testing by Educational Testing Services (ETS) BV, one of five companies licensed by the Government licensed by the Home Office to provide Secure English language testing in the UK. ETS are continuing to analyse test results from their UK test centres and so far they have identified more than 48,000 test results of serious concern, with many of these test certificates being used as evidence of English language proficiency by individuals at universities and private colleges. Earlier today, we took action against three universities to stop them from sponsoring new international students or those applying to extend their leave to remain in the UK. These universities are: Glyndwr University Tier 4 licence suspended; University of West London unable to sponsor new students (assigned zero Confirmation of Acceptance for Studies); and University of Bedfordshire unable to sponsor new students (assigned zero Confirmation of Acceptance for Studies). In addition, we have also suspended the Tier 4 licences of 57 privately-operated further education colleges (listed overleaf). A copy of the Immigration and Security Minister s oral statement can be found on the Home Office website. These are not steps that we have taken lightly. Following investigations, we were not satisfied at this stage that these institutions are fulfilling the sponsorship requirements. That is why we have taken action to prevent them from sponsoring new students. Further investigations will be carried out, following which a decision will be made on further action. Officials will be working closely with education partners and will invite Universities UK, the UK Council for International Student Affairs, the Higher Education Funding Council for England, the Scottish Funding Council, the Higher Education Funding Council for Wales and the National Union for Students to join a working group to minimise the impact on genuine students and ensure they have access to all the information they need. The attached factsheet sets out further information on the action we are taking, and explains the impact it will have on affected institutions existing and prospective

8 students. We want to reassure you and genuine international students who are already studying, or plan to study, in our universities that we welcome them to the UK. Genuine international students are an asset to our education sector. The vast majority of international students meet our strict immigration requirements, and will not be affected by these suspensions. For further information see the secure English language testing pages on Gov.UK. Home Office Communications

9 Dear [FORENAME], As you know, Education Testing Services (ETS) BV s licence to carry out secure English language tests for immigration and nationality purposes has come to an end and has not been extended. Today we laid before Parliament changes to the Immigration Rules and Nationality Regulations to remove ETS BV from the approved list of secure English language test suppliers. This will come into effect on 1 July Transitional arrangements will be in place to ensure that genuine applicants who have not yet applied for a visa are not unduly affected by this change. Those who are overseas can make a visa application relying on an ETS certificate as long as the visa application is made and the visa fee is paid before 22 July Those who are overseas and seeking to study in one of the following categories can make a visa application relying on an ETS certificate as long as the visa application is made and the visa fee is paid before 1 October 2014: 1. a pre-sessional course lasting no longer than 3 months; 2. a foundation course awarded at a minimum of level 3 on the revised National Qualifications Framework, or equivalent in Scotland, Wales and Northern Ireland; or 3. a foundation degree, at a UK Recognised Body or a body in receipt of public funding as a Higher Education Institution. After these dates, visa applications relying on an ETS certificate will not be accepted. This change does not affect Higher Education Institutions ability to choose their own method of assessing prospective students English language competence. This means it will still be up to the university to decide whether to accept, as part of their processes for establishing the English language competence of prospective students they wish to sponsor, an ETS certificate as evidence of a prospective student s ability to speak English at the appropriate level, even if the test is taken after the Immigration Rules changes come into effect. Further information SELT pages

10 Separate arrangements apply to applications for settlement or naturalisation as a British citizen. Applicants should check our website for full information about the knowledge of language and life in the UK requirement: UKVI Communications

11 Dear [FORENAME], You will be aware that on 17 April the Home Office confirmed that Education Testing Services' (ETS) licence to carry out secure English language tests for immigration purposes had come to an end and would not be extended. We will make changes to the Immigration Rules to remove ETS from the list of approved secure English language test providers. Until those changes come into effect, overseas visa applications where the applicant already has an ETS certificate will be processed, subject to our normal checks. These will include interviews and sponsorship checks where appropriate. UK Visas and Immigration will continue to accept these applications for the time being until the Immigration Rules have been amended and transitional arrangements have come to an end. These changes will be laid in due course. We will write to you again to confirm that this has happened. Visa applicants who have an ETS test booked for a future date should seek an alternative test provider. For more information visit: This change does not affect Higher Education Institutions' (HEI) ability to choose their own method of assessing degree students' English language competence. This means it will still be up to the university to decide whether to accept an ETS certificate as evidence of a degree student's ability to speak English at the appropriate level, even if the test is taken after the Immigration Rules change. Updated information will continue to be made available on the Secure English Language Testing pages of the UK Visas and Immigration website. Home Office Communications

12 Dear [FORENAME], I am writing to update you about the actions we are taking as our investigation into ETS Secure English Language tests (SELT) taken in the UK progresses and the impacts that this may have on you and your students. Our licence agreement with ETS, in UK and overseas, ended on 5 April 2014 and will not be extended. We have suspended accepting ETS tests as evidence of English language ability. Applicants wishing to make an application should take a test with an alternative provider from the list. We will write to you again with full details of how we will work through applications that are currently suspended. I am sure you understand that we treat any threat to immigration control with the utmost seriousness and as such, cannot allow any cases where fraudulent evidence may have been obtained to be processed until we have absolute certainty that they are genuine. If you wish to withdraw your sponsorship of an applicant, you must do so via the Sponsorship Management System (SMS). The application will then be refused. Further information is available at Christine Douglas National Lead for Temporary Migration

13 Dear JET Member, I wanted to write to you and update you on our investigations into ETS and also on ETS as a provider of English language tests for Immigration applications. Our licence agreement with ETS ended on 5 April 2014 and will not be extended. We have suspended acceptance of ETS tests as evidence of English language ability. Applicants wishing to make an application should take a test with an alternative provider from this list. Further information is available at As soon as we have any further updates we will write again. Christine Douglas National Lead for Temporary Migration