Tier 4 sponsor licence problems, and colleges that close
12 April 2013
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What's new?
- We have amended the reference to the UKBA's Modernised Guidance for staff assessing Tier 4 applications [www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/studying/pbs-tier-4/pbs-tier-4] in the Making a new Tier 4 application section as this guidance has been updated.
Introduction
Hundreds of thousands of students come to study in the UK each year, with Tier 4 visas sponsored by schools, colleges and universities (for short, we refer to all of these as "institutions") in both the public and private sector. Very occasionally, an institution may close unexpectedly, perhaps because it has lost its Tier 4 sponsor licence, or because it is no longer a viable business. It is also possible (although rare) that an institution may have its Tier 4 sponsor licence suspended or revoked following an inspection by the UK Border Agency (UKBA), or following a failed application for Highly Trusted Sponsor (HTS) status.
This information sheet offers guidance about what to do if the institution that is sponsoring your Tier 4 visa has closed, or if it has had its Tier 4 sponsor licence suspended or revoked, or its application for HTS status has been refused.
Immigration issues if you are outside the UK
The Tier 4 sponsor institution has closed
All Tier 4 applications using a CAS issued by an institution that has closed will be refused. If you wish to come and study in the UK, you will need to find a new institution with a valid licence, obtain an unconditional place on a recognised course there, and make a Tier 4 application using their CAS.
If you have already been granted a Tier 4 visa using a CAS from an institution that has subsequently closed, including if you are part-way through a course and only temporarily outside the UK, do not travel to the UK. Your visa will be cancelled on arrival in the UK, and you will be refused entry.
If you have already paid a deposit to the institution which has closed, you will need to contact them directly to request any refund you are entitled to. See the information below Can I get my money back from the institution which closed?
The institution's Tier 4 licence is suspended, pending a UKBA investigation
If you have not yet made your Tier 4 application, wait until you know that the UKBA has completed their investigations and that the suspension has been lifted. You may need to contact the institution direct for updates.
If your Tier 4 application is still pending, it will be held until the UKBA has completed its investigation. If the institution's Tier 4 licence is then revoked, your application will be refused. See the next section for students whose institution's licence is revoked.
You may have already applied for your Tier 4 visa, and received it, or you may be part-way through your course and travelling outside the UK when the licence is suspended. The Tier 4 Policy Guidance, Annex 2 paragraph 10. [http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/Tier4migrantguidance.pdf] confirms that you are allowed to study at the institution while its Tier 4 licence is suspended, so you may travel to the UK to start or continue the course. This will be at your own risk because if the UKBA decides to revoke the licence rather than lift the suspension, you will need to find a new institution. See the next section for students whose institution's licence is revoked.
You may decide to switch your studies to a different institution before travelling to the UK. In this case, you will need to make a new Tier 4 application in your home country before you travel.
The institution's Tier 4 licence is revoked by the UKBA
All Tier 4 applications using the institution's CAS on will be refused. This includes applications submitted before the licence was revoked.
You may have already obtained a Tier 4 visa for study at the institution before their licence was revoked, or you may have already started the course and be temporarily travelling outside the UK.
If you have already obtained your Tier 4 visa but you have not yet travelled to the UK then you should not attempt to do so now. If you have already paid a deposit to the institution which has had its sponsor licence withdrawn, you will need to contact them directly to request any refund you are entitled to.
If you still wish to come and study in the UK you should find an alternative Tier 4 sponsor, be offered a place on a recognised course, and use their CAS to make a Tier 4 application in your home country.
If you have already travelled to the UK using your Tier 4 visa but you are temporarily outside the UK when your institution's licence is revoked (for example because you are on a holiday) then your leave is likely to be shortened to 60 days from the date on which you attempt to re-enter the UK using your Tier 4 visa.
You need to make it clear to the border force officer that you intend to make a fresh application for leave to study with a different Tier 4 sponsor. If you do not do this, then you may not be allowed to enter the UK at all, and your visa could be cancelled; the UKBA border force officer may not believe that you are intending to do further study unless you make it clear to him/her.
If you are visiting your home country when your institution has its licence revoked then you should not try to return to the UK using your Tier 4 visa.
The institution has become a legacy sponsor
A legacy sponsor is an institution that did not meet certain deadlines or criteria for becoming a Highly Trusted Sponsor. It cannot sponsor any new students, but current students can continue their studies until the current Tier 4 sponsor licence expires. The Register of Tier 4 sponsor licence holders indicates who is a legacy sponsor.
A legacy sponsor cannot assign a CAS to a new student. However, if they have already given you a CAS, you can use it to apply for entry clearance. Likewise, if you have already submitted a Tier 4 application when your institution becomes a legacy sponsor your CAS will remain valid and your application will still be considered. However, if the application is refused, your institution cannot give you another CAS.
If you have already obtained your Tier 4 visa you can still use it to travel to and enter the UK, even if your institution has since become a legacy sponsor.
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You are in the UK, and your institution has closed
The institution is required to notify the UKBA that they have closed. The UKBA will then withdraw their Tier 4 sponsor licence immediately. All CASs that they have already assigned become invalid, and current students' Tier 4 leave will be affected.
In all cases, any new Tier 4 application will need to be for study at a new Tier 4 sponsor institution. For information, see below Finding a new course
You still have Tier 4 leave for more than 60 days
The UKBA will write to you and curtail (shorten) your leave. It is therefore important that the UKBA always has your current address in the UK; see our information sheet Protecting your Tier 4 student immigration status for information about reporting a change of address to the UKBA. If the UKBA does not have a current address for you, or if they only have your institution's address for you, this may delay important letters from the UKBA reaching you, or they may not reach you at all if, for example, if the institution itself closes or if they do not have systems in place for forwarding post to you promptly and efficiently.
Your permission to stay in the UK will be curtailed to 60 days from the date on the letter from the UKBA. This was confirmed in a letter to UKCISA from the UKBA explaining the position (dated 6 December 2011). You must leave the UK or make a Tier 4 application to study at an alternative institution within the 60 day period.
Your Tier 4 leave expires within the next 60 days
Your permission to stay in the UK will not be shortened. However, you must leave the UK or apply for immigration permission to study at an alternative institution before your current leave expires.
You are about to make a Tier 4 application using their CAS
Do not apply. Your application would be refused, even if the CAS was issued before the institution closed. You must either leave the UK or make a new Tier 4 application for study at a new institution, before your current leave expires.
You have a Tier 4 application still under consideration by the UKBA
Your application will be refused because your CAS is no longer valid. It is not clear from the UKBA’s guidance documents whether they will refuse your application immediately, or whether they will delay the refusal of your application for 60 days so that you can obtain a CAS from a new Tier 4 sponsor and apply to vary your existing application, submit a new application, or leave the UK. However, the UKBA will write to you with more information so it is essential that you ensure they have your current address. See our information sheet Protecting your Tier 4 student immigration status for information about reporting a change of address to the UKBA. You may also wish to seek advice from a solicitor.
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You are in the UK, and the institution fails to renew its Highly Trusted Sponsor (HTS) status
A Tier 4 sponsor can be either A-rated or a Highly Trusted Sponsor (HTS). A HTS must apply to the UKBA every 12 months to renew that status. If the renewal is refused, their Tier 4 licence will normally be revoked. See the information below for students at an institution that has had its Tier 4 sponsor licence revoked, for information about how this affects you.
If your institution’s HTS renewal application scores a ‘near miss’, they will be downgraded to an A-rated sponsor and they should let all their Tier 4 students know this. The UKBA will inform the institution about any impact on their students and their courses, and the institution should let you know this.
A small number of Tier 4 sponsors are B-rated. This is an old category of Tier 4 sponsor licence and the status of these sponsors is under review by the UKBA.
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You are in the UK, and the institution's Tier 4 sponsor licence is suspended
The UKBA can suspend an institution's Tier 4 licence temporarily if they are investigating the institution. The result of the investigation will be either that licence is reinstated, or that it is revoked completely. During a suspension, the institution cannot issue any new CAS, but they can continue to sponsor students who already have Tier 4 visas based on their CAS.
If the result of the investigation is that the licence is revoked, see the next section for how this affects you.
You have continuing Tier 4 leave
If you already have enough leave (visa) to complete your course, you do not need to worry or take any action. You can continue your studies while the UKBA carry out further investigations into your institution.
You need to make a Tier 4 application
If you were issued with a CAS before the licence was suspended, you can use the CAS in a Tier 4 application. However, your application will not be processed until after the UKBA has completed their investigations.
The institution cannot issue a valid CAS while their licence is suspended. If this means that you cannot make a Tier 4 application before your current leave expires, you should either leave the UK or find a new Tier 4 sponsor with whose CAS you can make an in-time application. If you leave the UK, and the institution's Tier 4 licence is later reinstated, you can make a new Tier 4 entry clearance application to return to the UK and continue your studies there.
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You are in the UK, and the institution's Tier 4 sponsor licence is revoked
If your institution's Tier 4 sponsor licence has been revoked by the UKBA, your institution is no longer allowed to sponsor international students to study in the UK. All CAS already issued by your institution will become invalid and cannot be used to support a Tier 4 application.
You have Tier 4 leave for more than another 60 days
The UKBA will write to you and curtail (shorten) your leave. Your permission to stay in the UK will be shortened to 60 days from the date on the letter from the UKBA. It is important that the UKBA has your current address in the UK: see our information sheet Protecting your Tier 4 student immigration status for information about reporting a change of address to the UKBA.
Within the 60 days, you must leave the UK or make a new Tier 4 application to study at a new institution.
You have Tier 4 leave for 60 more days or fewer
You must either leave the UK or make a new Tier 4 application to study at a different institution, before your current leave expires. Your permission to stay in the UK will not be curtailed.
You need to make a Tier 4 application
A Tier 4 application using a CAS from the institution whose licence has been revoked will be refused, even if the CAS was issued before the licence was revoked. Before your current leave expires, you must leave the UK or make a Tier 4 application to study at a new instution.
You have a pending Tier 4 application
Your application will be refused because your CAS will no longer be valid. However, the UKBA will delay the refusal of your application for 60 days so that you can obtain a CAS from a new institution and either apply to vary your existing application, or make a new application. The UKBA will write to you with more information including the date by which you must provide them with a new CAS to vary the application.
If you take no action before the deadline, your application will be refused. You may prefer to withdraw the application and avoid the refusal.
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You are in the UK, and the institution becomes a legacy sponsor
A legacy sponsor is an institution that did not meet certain deadlines or criteria for becoming a Highly Trusted Sponsor. It cannot sponsor any new students, but current students can continue their studies until the current Tier 4 sponsor licence expires. The Register of Tier 4 sponsor licence holders indicates who is a legacy sponsor.
You have continuing Tier 4 leave
You need to make a Tier 4 application
You have a pending Tier 4 application
Finding a new course
If you are still in your home country, and you applied with the help of a local education adviser, you should contact them directly and ask for further help. Alternatively your nearest British Council office may be able to help. They can advise you how to find a new programme of study at an approved institution in the UK.
In the UK, contact the adviser at your current institution for advice on finding a new course at an approved institution. If this is not possible, for example because the institution has closed, see Where can I find out about courses of study in the UK?.
You can find information about alternative courses of study at www.educationuk.org which has a database of courses and colleges.
For colleges accredited by Accreditation UK, if you are on an English language course, English UK will arrange for students at a college which closes to transfer to an equivalent course at other accredited centres. This will be free of charge up to the value of the fees you have already paid to the closed centre. In addition, the Student Emergency Support Fund will pay for your accommodation where you have paid accommodation fees in advance to the closed centre and lost that money. Whether you can continue on an alternative course will depend on you achieving the required level in a Secure English Language Test, and on your visa status. You may also choose to go to a different college, but if so you will need to pay course fees to any college you choose yourself. See www.englishuk.com.
If you studied at an institution accredited by the British Accreditation Council (BAC), they will try to help you find an alternative placement with another of their institutions which minimises any additional costs if you have already paid fees to the institution which closed. See www.the-bac.org.
Other accrediting bodies (see below) may also give you similar help.
How do I know who accredited my institution?
Check the institution's website (if it is still available) or their publicity materials. Otherwise, contact the accrediting bodies direct.
Note that after an institution closes, this information will no longer be on the accrediting body's website, so you will need to contact them by phone or email.
English language colleges |
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Other institutions |
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Making a new Tier 4 application
If you are making a new Tier 4 application because your institution has closed, or because their sponsor licence has been suspended or revoked, you must meet the normal Tier 4 requirements, and pay the standard fee. See our information sheet
Making a Tier 4 application.
Check the date your current permission expires. It expires either because it has been curtailed to 60 days, or because it is ending anyway. If the start of the new course is no more than one month later, you can make the new Tier 4 application. If the gap is more than a month, you must leave the UK (ideally before your leave expires, or failing that within 28 days of it expiring) and apply in your home country. Furthermore, you can only apply (either in the UK or in your home country) if the course starts three months or less after the day you are applying.
Your new application may not meet the requirements for "established presence", which allow you to have maximum two months' maintenance, not the standard maximum nine months' maintenance. To have "established presence", you must still have a valid Tier 4 visa, and
- you must have either completed a single course that was at least six months long with the Tier 4 visa you have now, or
- you must be applying for more time to complete a course that you have already spent at least six months studying.
There are two further situations in which you can show a reduced maintenance level ("established presence" in the UK):
If your college has closed, and you have completed at least six months of your course at the closed institution. UKBA confirmed this to UKCISA on 6 December 2011.You will be able to do this, even if the Immigration Rules and Policy Guidance appear not to allow you to. Read the letter from the Home Office explaining the position.
If you have interrupted your studies because your sponsor's license was revoked, and you had completed at least six months of your course before the interruption. This is confirmed in the UKBA's Modernised Guidance for staff assessing Tier 4 applications (updated 6 April 2013) [www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/studying/pbs-tier-4/pbs-tier-4] on page 85:
If the applicant's study has been interrupted (for example, because their sponsor's Tier 4 licence was revoked) they will still qualify as having an established presence providing at least six months of the course has been completed by the date on which studies were interrupted.
Although this wording seems to suggest that there might be other acceptable reasons for an interruption to your study that would also result in you qualifying as having an established presence under this provision, it is not clear what these may be. We therefore do not recommend relying on this provision unless your studies were interrupted as the result of your sponsor’s Tier 4 licence being revoked.
If you meet either of the two specific provisions above, we still recommend that you show the full maintenance provision if you can, because neither is in the immigration rules. However, if you need to rely on these provisions, we recommend that you print out a copy of the relevant page of the documents linked to above, and include it with your Tier 4 application.
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Can I start my studies before the UKBA approves a new Tier 4 application?
Yes, if your new Tier 4 application is supported by a CAS issued by an institution with Highly Trusted Sponsor status, and you applied before your leave (visa) for study in the UK with your previous Tier 4 sponsor expired. You may start your new course, but you do so at your own risk because the UKBA might refuse your application.
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Where can I get further advice about immigration issues?
For more information about how to make a new Tier 4 application, read our information sheet
Making a Tier 4 application [www.ukcisa.org.uk/student/info_sheets/immigration_uk.php]
If you require further advice on your immigration status, and that of any dependants who are in the UK with you, you can speak to the international student adviser at your new sponsor institution or ring the UKCISA Advice line on 020 3131 3576 (open 1-4pm, Monday to Friday). Please note this is a very busy line.
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Can I get my money back from the institution which closed or had licence problems?
There is no guarantee you will get your money back, and there is no specific protection by the UK Border Agency for international students who have lost money in this way. It may be possible to take action under UK consumer protection law, or for example if your fees were paid by credit card, and the credit card company has payment protection. Otherwise you can refer the issue to your local authority Trading Standards Services or the Office of Fair Trading.
If the institution has closed or been declared insolvent, it might take a long time to find out if you will receive any money back, and there is little chances of receiving a full refund.
The most appropriate course of action will depend on your individual circumstances. The following organisations give information and practical advice:
- Gov.uk, the website of the UK government: www.gov.uk/consumer-protection-rights
- Consumer Direct - for information on whether you may be able recover the fees paid to the institution if it goes out of business before you complete your course. Tel: 08454 04 05 06
- Your local Trading Standards office can take action against institutions which misrepresent the services they provide. See www.tradingstandards.gov.uk/advice/consumer-advice.cfm
- If you believe there has been fraud on the part of the institution, for example if it never intended to provide the course for which you paid, then it might be worth contacting the police.
- You can also consult your local Citizen’s Advice Bureau for further information and advice:
In England and Wales, see www.citizensadvice.org.uk/, in Scotland, see www.cas.org.uk/ and in Northern Ireland, see www.citizensadvice.co.uk/
UK Council for International Student Affairs
Website: www.ukcisa.org.uk
Telephone advice line: Mon-Fri 1300-1600 hours (UK time)
Tel (from within the UK): 020 3131 3576
Tel (from outside the UK): +44 20 3131 3576
We regret that we cannot advise personal callers at our offices. Please use the telephone advice line or write to us at: UKCISA, 9-17 St Albans Place, London N1 0NX, UK.
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