About UKCISA:
Lobbying and responses to consultations
A key part of our work is to monitor government legislation that could affect international students and lobby to ensure any new measures are as fair and workable as possible. Our regular dialogue with the Home Office about immigration and employment legislation and with the Department for Business, Innovation and Skills and the devolved administrations over fees and student support regulations, helps us to keep them informed about current issues, and ensures we are consulted at an early stage when changes are planned.
We work closely with education sector bodies such as Universities UK, the Association of Colleges and the National Union of Students, to ensure where possible that the education sector has a strong voice and co-ordinated response to new proposals.
Some examples of current and recent lobbying activity, and consultation responses, are given below.
Consultations on access to the NHS by foreign nationals
28 June 2010
UKCISA has responded to the two consultations related to access to the NHS which are outlined below. Both have a deadline for responses of 30 June 2010.
Department of Health consultation
UKCISA’s response to The Department of Health consultation on proposed changes to “the charging Regulations for overseas visitors requiring hospital treatment and the recovery of any charges, and also initial thinking around possible future introduction of health insurance for some visitors” concentrates on the proposals for health insurance requirements.
Department of Health consultation details and documents include:
- ‘Guidance on implementing the overseas visitors hospital charging regulations [DRAFT]’ – this gives some clear explanations of the current system and paragraphs 4.29 to 4.32 are particularly relevant to students. Paragraph 4.30 on students who stop attending their course ‘for no discernible reason’ might have some significance in relation to each of the consultation documents mentioned below. And paragraphs 4.50 to 4.52 are relevant to refugees and asylum seekers.
- ‘Review of access to the NHS by foreign nationals. Consultation on proposals’ – Chapter 4 ‘Tackling NHS debt and misuse’, also referred to as ‘health tourism, is of particular relevance and links with the UKBA consultation (see below). Chapter 5 ‘Health insurance for overseas visitors’ seems to be laying down markers for longer term consultation, but is also relevant in relation to students.
UKBA consultation
UKCISA’s response to the UKBA consultation on a proposal “to change the Immigration Rules so that we can refuse permission to enter or stay in the UK if a migrant is subject to immigration control and is in debt to the NHS above a prescribed amount” urges that any such provision should not impact on international students who inadvertently become overstayers as the result of having their Tier 4 applications rejected as invalid.
UKBA consultation details and relevant documents
The consultation document is called ‘Consultation; Refusing entry or stay to NHS debtors A public consultation around proposed changes to the immigration rules’. Pages 14-17 contain the proposals on curtailing, or refusing, leave to those who have an outstanding NHS debt.
Tier 4: students' experiences surveys
1. Extending their visas in the UK
17 March 2010
This report finds that students extending visas in the UK are highly
critical of the service currently provided by the UK Border Agency,
finding the application process unnecessarily slow, complex and expensive.
We recommend the process is made simpler, clearer and quicker to ensure
that students' experiences do not impact negatively on their perception
of the UK's welcome for international students.
Full
report
2. Applying from outside the UK
4 December 2009
UKCISA is calling on UKBA to improve the application process for students
under Tier 4. Results of our survey show that the system has worked
well for substantial numbers of students, but for many others, difficulties
with forms, guidance and procedures or errors and obstruction from Entry
Clearance Officers and commercial partners resulted in delays, extra
costs and unnecessary refusals.
UKBA Charging Consultation
November 2009
Members may have seen that UKBA launched a Charging Consultation based on a number of principles (as opposed to prices) which might govern their next round of increases. Read details of UKBA's charging consultation and their response.
You may also wish to read UKCISA's response to this consultation.
UKCISA’s response to the UKBA consultation on OISC and the regulation of immigration advice
August 2009
Earlier this year, UKBA consulted on the ‘shape and future of the immigration advice and services sector’.
Read the details of the UKBA consultation and their response.
You may also wish to read UKCISA's response to this consultation.
We understood from OISC that the proposal to combine regulated and exempted advisers would take in those, such as UKCISA itself, who are required to register with the OISC but are currently exempt from paying any fee for registration. It would not take in those covered by Ministerial Orders under Part V of the Immigration and Asylum Act 1999 (sometimes referred to as the ‘block exemption’ for the education sector).
We received confirmation of this from UKBA in an email dated 28 July 2009: “The position is that the reference to exempted under option 2 and within question 4 refers to those exempted from paying a fee by the regulator, ie the Immigration Services Commissioner. The proposals relating to those exempted apply to those on the OISC list of exempted advisers, NOT to all those exempted (including those exempted by Ministerial orders).” .
This seems to be a welcome reassurance regarding possibly the only major concern that would directly impact on UKCISA members.