Tier 4 Compliance Guidelines What this document is for To provide guidance to faculties in the recruitment, appointment and monitoring of those overseas students who will require sponsorship from the University in order to obtain a Tier 4 visa. These guidelines have been compiled with reference to the Home Office publication ‘Tier 4 of the Points Based System – Policy Guidance’ which can be found at1 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/45391 3/T4_Migrant_Guidance_August_2015.pdf This document outlines the University’s policy in ensuring that it adheres to the requirements of the UK Visas & Immigration (UKVI). The University is committed to safeguarding the visas of all of its students. Consequently the policy has been designed to ensure that the University can demonstrate to the UKVI that it is compliant with Immigration Law through well documented audit trails. Who should use it All staff involved in the recruitment, selection and supervision of overseas research students. 1 Please note that this link refers to the 08/15 version of the document. Updates to the guidance occur on a regular basis so please ensure that you refer to the latest version on the Home Office website. \\hulse\Research-Degrees\Procedures\Visa and PBI For RDO Use Last Updated Sept. 15 Tier 4 Compliance Guidelines Roles and responsibilities The responsibility for ensuring that the University is compliant with Immigration Law lies primarily with the UKVI Compliance Group. However all those involved in the selection, recruitment, supervision and progress monitoring of overseas students in receipt of a Tier 4 visa share responsibility for ensuring adherence to the University’s UKVI policies. The Research Degrees Office (RDO) is responsible for implementing the University’s UKVI policies. It has primary responsibility for ensuring that the following information is kept: Up to date copies of all relevant student documents including passport and visa details Current and historic contact details Evidence that demonstrates confirmation of attendance and engagement In addition the RDO is responsible for: Providing the Faculty with notification of any changes in UKVI policy that will impact upon the terms of a student’s visa The Faculty is responsible for ensuring that: Students comply with the monitoring requirements That the RDO is made aware of any changes in study that may impact on the students visa status The Student will be responsible for ensuring that: Advice He/she provides the RDO with up to date copies of his/her passport and visa. He/she informs the RDO of any changes to his/her visa status He/she provides all current contact details – in a situation where he/she changes residential address and/or study location, he/she must ensure that the RDO is informed immediately He/she completes and submits the annual leave/ authorised absence forms as appropriate on any occasion where he/she will be absent from his/her normal place of study. He/she must ensure that all points of contact as determined by The Open University are met. He/she must comply with the annual Tier 4 document check undertaken by the RDO. Please note that it is not the responsibility of anyone within the University to give immigration guidance. Nor should individuals seek to interpret UKVI guidelines. The University has a Premium Customer Service Team - Licence Manager through whom the University’s UKVI Compliance Group may direct queries on matters of policy and interpretation. \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 2 Tier 4 Compliance Guidelines Immigration advice for applicants is available from the UKVI at: http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/ The UK Council for International Student Affairs (UKCISA) at http://www.ukcisa.org.uk/ has an excellent range of factsheets on international student issues and rights. Procedure Receipt of Application It is essential that the following documents2 are submitted to the RDO together with the completed Application Form and the Applicant Recommendation Form for all overseas students3: Copies of the students Passport and any Visas Copies of Qualifications Evidence of previous study in the UK Evidence of Maintenance, Funds and Fees Passport Details: This is so that the University can determine the basis on which the student has the leave to be in the UK. If they have a valid: Tier 1 or 2 visa – the student can commence their studies as normal, however it is the expectation that the student will apply for a Tier 4 visa. Dependant’s visa – the student can commence their studies as normal, the expectation being that they will apply for a Tier 4 visa. It is recommended that the student applies for a visa in their own right because their right to remain in the UK will be at risk if the visa of the person on whom they are dependant is cancelled or changes. Please note that in order to get a Tier 4 visa, the student will need to apply from their country of origin and may wish to do so before they commence their studies. Tier 4 visa – if the student already has a Tier 4 visa from another sponsor, they will still have to apply for a new visa. This is because the original sponsor will withdraw sponsorship upon or prior to the student registering with The Open University. Once a Tier 4 visa has been issued under an Open University sponsorship, the University is responsible for the student, even if they have yet to register. Settlement or other permanent leave to remain – the student can commence their studies as normal as they do not fall under Tier 4 of the Points Based System. 2 Please note that any document that is not in English or Welsh must be accompanied by a certified translation. The translator’s credentials should be given along with their official declaration that the translation is accurate. 3 Please note that incomplete forms cannot be processed as much of the information requested is needed by the UKVI when the University applies for a Confirmation of Acceptance for Study – see section below. \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 3 Tier 4 Compliance Guidelines Qualifications: The UKVI requires that the University has evidence of the qualification(s) upon which a student is submitting his/her application for registration onto the research degree programme Where the qualification is from outside the UK, it is a requirement that the RDO undertakes a UK NARIC check. UK NARIC4 is the National Agency with designated responsibility in providing advisory services on comparing international qualifications. The UKVI requires confirmation from the University of the student’s English language ability. There is an exemption for students from: Antigua and Barbuda Guyana Australia Jamaica The Bahamas New Zealand Barbados St Kitts and Nevis Belize St Lucia Canada St Vincent and the Grenadines Dominica Trinidad and Tobago Grenada United States of America Or for those who have completed a degree in the UK or a majority English speaking country from the following list: Antigua and Barbuda Jamaica Australia New Zealand The Bahamas St Kitts and Nevis Barbados St Lucia Belize St Vincent and the Grenadines Dominica Trinidad and Tobago Grenada United States of America Guyana Where this cannot be demonstrated, University policy is to request an English language test certificate that has been issued in the past two years. These should demonstrate competence in all four elements; reading, writing, speaking and listening, at SELTS level B2 or above. Level C1 is more appropriate to postgraduate study. Faculties are required to submit copies of a student’s English language assessment certificate(s).The list of approved English language qualifications can be found in Appendix O of the Immigration Rules: 4 http://ecctis.co.uk/naric/ \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 4 Tier 4 Compliance Guidelines https://www.gov.uk/government/publications/immigration-rules-appendix-o%20 Previous Study in the UK Where applicable the student’s previous study in the UK must be checked to determine whether there is any conflict with the UKVI’s academic progression rule or total amount of time spent studying. Academic Progression: The UKVI requires that we only accept students whose qualification aim is higher than that of any previous qualification that they may hold. Time Spent Studying in the UK: The total amount of time that a student has spent, or will spend, studying in the UK is limited to eight years. Consequently if by the time the student completes their PhD they will have spent more than 8 years on at Tier 4 visa (because of previous study in the UK), they will not be granted any further leave to remain. The total time spent studying must therefore be considered should the student subsequently apply for an extension to their registration. Maintenance Funds and Fees Please ensure that the student is either: In receipt of a grant (note start and end date) Is sponsored (fees and stipend, note start and end date) If self-funding, aware that they must be able to demonstrate that they have enough money to pay the fees and support themselves and any dependents that they intend to bring to the UK. https://www.gov.uk/government/publications/guidance-fordependants-of-uk-visa- applicants-tiers-1-2-4-5 ATAS Academic Technology Approval Scheme (ATAS) Any overseas student, regardless of the type of visa and mode of study, who is applying to undertake study in certain sensitive areas which could contribute to the spread of knowledge or skills used in the proliferation of weapons of mass destruction and their means of delivery, will need to apply for an Academic Technology Approval Scheme (ATAS) Certificate prior to embarking on their research. The requirement for ATAS is based upon JACS5 codes. Faculties are required to identify the JACS code on the Applicant Recommendation Form and where ATAS is required to provide a proposed thesis title and a 300 word summary of the student’s project. This will mostly affect, but is not exclusive to, students in MCT and Science. An up-to-date list of all JACS codes which need ATAS clearance can be found on the FCO website at: 5 JACS (Joint Academic Coding System) is used by HESA to code subjects offered by HEIs. \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 5 Tier 4 Compliance Guidelines http://www.fco.gov.uk/en/about-us/what-we-do/services-we-deliver/atas/whoatas/phd-or-other , or https://www.gov.uk/government/publications/immigration-rules-appendix-6 The Government periodically changes the list, so faculties are asked to refer to the websites for the latest codes. The RDO will send a student requiring ATAS a document with the offer letter which provides them with the information that they will require to apply for an ATAS certificate (Appendix 1). A student must register within six months of the ATAS certificate been issued. Where registration is deferred it may be necessary to reapply for an ATAS certificate. Please note that if during the course of study the research changes substantially it may be necessary to reapply for an ATAS certificate. CAS – Confirmation of Acceptance for Study The Open University has Tier 4 Sponsor status and therefore has the right to assign a Confirmation of Acceptance for Study (CAS) to its students. In order to remain a Tier 4 Sponsor the University must meet the following benchmarks: refusal should be below 20%, enrolment above 90%, completion above 85%, attendance above 90%. A CAS is required before a student can apply for a Tier 4 visa. Issuing a CAS Once a student has accepted an offer and, where required, the University is in receipt of a copy of the ATAS certificate, a CAS can be applied for through the UKVI online site. Upon receipt of the CAS the University will send a CAS letter (Appendix 2) to the student which provides them with the information that they require to apply for their visa. NHS Surcharge At the point of submitting a visa application or visiting the immigration centres students who are to be based in the UK for more than six months are required to pay a Health Surcharge. This is currently £150 per year. The fee for the duration of the visa must be paid in advance. Students should therefore be advised that the total cost is likely to be £600. Further details can be found at: https://www.gov.uk/healthcare-immigration-application/when-you-need-to-pay Registration and Record Keeping When a student registers, the University is required to: (a) ensure that it has the students contact details in the UK; this includes domicile, email address and telephone number (b) view the original and take copies of current passport pages showing all personal identity details (including biometric details), leave stamps, or immigration status document including their period of leave to remain (permission to stay) in the UK (c) view the original and take a copy of the original examination certificates which demonstrate that the student met the entry criteria for the programme. \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 6 Tier 4 Compliance Guidelines (d) view the original and take a copy of any English language certificates (e) check that photos are consistent with the person’s appearance dates of birth are consistent across documents documents are genuine have not been tampered with and belong to the holder additional supporting documents (i.e. marriage certificate) are provided where the two documents are in different names (f) ensure that it has a copy of the ATAS certificate on file. Monitoring Attendance and Ongoing Record Keeping Records of the above have to be maintained so that they can be made available to the UKVI upon request. No data can be destroyed until such a time as the UKVI authorises the destruction. The monitoring engagement with study is the responsibility of the Faculty and the RDO. The Faculty is responsible for ensuring that the students complete, and the supervisors confirm, the Record of expected contacts form (see appendix 5). This should be completed on a monthly basis. RDO is responsible for maintaining the records of student engagement with study. It is very important that the supervisor/Faculty informs the RDO if they have not seen a student or if they have any concerns regarding their attendance or their academic progress. The University is also required to be in a position to locate the student if required. Contact details The University is required to keep a record of the students contact details, current and historic. The RDO send monthly reminders to students to check that the contact details that the University holds are up to date. It is an expectation that the University is in a position to maintain contact with the student at all times, should the need arise. Contact details are therefore needed for those times when the student is away from the University. Absence Records Sickness Where a student is absent for more than a week a sick note is required. The RDO will keep a copy of the note on the students UKVI file. Students who suspend their studies (i.e. are no longer actively studying) as a consequence of ill health for more than 60 days may continue to be sponsored providing that they can still complete their course within their existing period of leave to remain (i.e. before their visa end date)6. During the absence the 6 For information on how periods of suspension may impact on any stipend payments please contact the RDO. \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 7 Tier 4 Compliance Guidelines University is required to continue to fulfil its sponsorship duties (i.e. maintain contact and monitoring duties) and to provide evidence as to why this decision was taken. If this is not possible then the University has to withdraw sponsorship and advice the student to leave the UK. Once the student is ready to resume their studies a new CAS will be assigned and the student must apply for a new visa. Annual Leave Where a student is intending to take annual leave they must complete an annual leave request form (Appendix 3). These can be downloaded from the VRE and must be authorised by the supervisor and submitted to the RDO before the annual leave takes place. Where a student has travelled overseas during annual leave they will be required to bring their passport to the RDO as soon as possible after their return to the UK. This is so that the University can maintain up to date copies of the passport including all pages that have been stamped. Authorised Absence Where a student is intending to take authorised absence e.g. attending a conference or undertaking field work they must complete an authorised absence request form (Appendix 4). These can be downloaded from the VRE and must be authorised by the supervisor and submitted to the RDO before the absence takes place. Where a student has travelled overseas during annual leave they will be required to bring their passport to the RDO as soon as possible after their return to the UK. This is so that the University can maintain up to date copies of the passport including all pages that have been stamped. Annual Review As a Tier 4 Sponsor the University is required to check students’ documentation annually. In September, all Tier 4 students are sent a request that they comply with the annual document check Maternity and Paternity Document Expiry Monitoring Change of Visa Status Students who are pregnant, have had a baby, or are adopting a child will need to contact the UKVI directly about the immigration status of the child, and any impact on their visa. The RDO cannot provide advice in these situations but can provide supporting documentation, e.g. a letter confirming the maternity leave, if required by the student. A CIRCE report is run monthly to pick up any passports/visas due for expiry in the coming 3 months. Any students with a visa due to expire who are not due to complete are contacted as a prompt to renew their passport/visa. The email is copied to the supervisor(s) and Associate Dean (Research). If a student’s visa status changes, it is important that the RDO is informed so that the UKVI can be informed. This will include a change in their location of study e.g. should they undertake a work placement; a change of course e.g. if the course aim changes from PhD to MPhil – following an adverse outcome at probation; anything suggesting that they are breaking the conditions of their permission to remain in \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 8 Tier 4 Compliance Guidelines the UK. Visa Extensions Where the student has limited leave to enter or remain in the UK and wishes to extend their visa, they must apply within 28 days of their current visa expiring. Applications for further leave will be refused if they have overstayed their visa by more than 28 days when they apply. A student who had not made a timely application for an extension to their visa would have to leave the UK. Please note that a student will not be permitted to extend their visa if such an extension would breach the total time allowed for studying in the UK (see section on Time spent studying in the UK above). ATAS for visa extensions Students should be advised that, where required, they will need to apply for a new ATAS certificate if they apply for an extension of leave in order to complete the course. This must be done before they can apply for a visa extension. CAS for visa extensions Students will need a new CAS. Reporting Completions and Withdrawals If a student is leaving the University, we are required to report this to the UKVI and to provide information about what the student is intending to do (e.g. return home, apply for a different kind of visa, change sponsor). Students who have completed their research degree may under the Doctoral Extension Scheme (see section below) seek to remain in the UK an additional 12 months in order to seek work. Completion Once a student completes the University is required to inform the UKVI within 10 working days. Withdrawal/De-registration Where a student choses to withdraw or is de-registered, the University is required to inform the UKVI within 10 working days. Doctoral Extension Scheme Eligibility Students who are about to complete, or have recently completed, their research degree, and are still covered by a Tier 4 visa, can apply from within the UK to remain in the UK for a further 12 months after their completion date, to find skilled work or set up as an entrepreneur. Under the extension scheme, students will have full unrestricted working rights (some professions are exceptions) once the University confirms they have completed their degree. Students will not be prevented for applying to the extension scheme if the extension of their leave would take them beyond the maximum of 8 year permitted study time in the UK. Policy documents currently refer to ‘PhD’ students but other doctoral level research degrees are also considered valid. Students whose Tier 4 visa has expired are not allowed to apply for the extension scheme CAS requirements \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 9 Tier 4 Compliance Guidelines A new CAS will be required – students must apply for the new CAS no more than 60 days before the course end date. Standard Tier 4 conditions continue to apply while the student is still studying. ATAS clearance is not required for any period spent in the UK under the extension scheme. Monitoring arrangements – (by the RDO only) Sponsors are expected to have oversight of any students they are sponsoring on the Doctoral Extension Scheme; however, formal points of contact are less frequent. We are expected to: remain in contact with the student, with at least two scheduled contact points during the extension period, provide support if required, to be agreed with the student on an individual basis. request up to date contact details from them Doctoral Extension Scheme Agreement Form The Doctoral Extension Scheme Agreement form should be completed when a student wishes to apply for a new CAS (see Appendix 6) Maintaining Compliance and Good Practice The Senior Manager, Research Degrees is signed up to UKVI news feeds, UKCISA email updates, and attends conferences on the subject to aid ‘horizon scanning’. A quarterly check and update of procedures and forms is also scheduled (June / September / December / March), although ad-hoc updates will be made when required in line with changes in policy. \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 10 Tier 4 Compliance Guidelines Appendix 1 Date Academic Technology Approval Scheme (ATAS) This document which accompanies your research degree registration offer letter, dated Date, provides the information you need from The Open University to apply for the ATAS Clearance Certificate that you are required to have before you apply for a UK student entry visa. The ATAS application form which you must complete is available at https://www.atas.fco.gov.uk. Student Name: Date of Birth: Enter DoB Student Personal Identifier: Passport Number: JACS Code: same as HESA code Funding Period: Grant start and end date Funding Source: Funder Registration Period: Registration start and end date Full-time Research Degree Project Thesis title Enter Project Text - max 300 words - Abstract of project {Insert name} Research Degrees Office \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 11 Tier 4 Compliance Guidelines Appendix 2 Research Degrees Office The Open University Walton Hall Milton Keynes United Kingdom MK7 6AA Tel +44 (0) 1908 654 882 research-degreesoffice@open.ac.uk www.open.ac.uk DATE TO WHOM IT MAY CONCERN Confirmation of Acceptance of Studies Statement Applicant Details Name: NAME AS ON PASSPORT Date of Birth DoB CAS Number: ENTER CAS NUMBER FROM BORDER AGENCY WEBSITE Sponsor Details License Number: Y1B0GDNK6 NAME has been given an unconditional offer for a full-time programme of study at The Open University. The address of the sponsoring institution is as the letterhead. Course Details Title: THESIS TITLE Course Start Date REGISTRATION START DATE Course End Date: SUBMISSION DEADLINE DATE Hours per week: Full-time (i.e. a minimum of 35 hours per week) Documents should be included as part of an application to prove qualifications NAME has been assessed as being able to continue on this programme of study on the basis of progress to date. OR Documents that should be included as part of an application to prove qualifications Degree Certificates and (where appropriate) LIST QUALIFICATIONS IF NEW STUDENT certified transcripts of the following VISA qualifications: \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 12 Tier 4 Compliance Guidelines [ENGLISH LANGUAGE] e.g the Candidate completed a Masters degree at [University in majority English speaking Country] in [YEAR] in the medium of English. His/her proficiency in English was assessed at interview as being at a level equivalent to B2 in the CEFR. An ATAS Certificate IS/IS NOT required for this programme of study. Details of Financial Sponsorship: The Open University has provided a maintenance grant to NAME in order to allow HER/HIM to study for a postgraduate degree, Master of Philosophy (MPhil), progressing to Doctor of Philosophy (PhD). The studentship will be funded for a period of three years from REG START DATE and covers all fees and living costs. The studentship consists of a maintenance grant of £AMOUNT per annum and all fees are waived by The Open University. We understand that the maintenance grant will also be used to support the living costs of NAME's WIFE/CHILD, NAME. Please note that although NAME'S funded studentship for the MPhil/PhD ends on GRANT END DATE, subject to HER/HIS satisfactory progress, S/HE is entitled to remain registered as a full-time student until SUBMISSION DEADLINE DATE in order to allow HER/HIM to complete and submit HER/HIS thesis for examination for the degree of Master of Philosophy (MPhil) progressing to Doctor of Philosophy (PhD). If you need further advice, please contact me, either by email: research-degrees-faculty@open.ac.uk or phone (0044 (0) 1908 number), in the first instance. Yours sincerely, name of adviser Research Degrees Adviser \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 13 Tier 4 Compliance Guidelines Request for Annual Leave Appendix 3 What this form is for To request Annual Leave: Who should complete it For research degree students who have entered the UK on a Tier 4 visa sponsored by The Open University To initiate a request for annual leave, the student and supervisor should first discuss and agree the duration of the leave. The policy is detailed below. The form must be completed by the student in consultation with the student’s supervisor(s) or Director of Studies (Affiliated Research Centre (ARC) students). It must be endorsed by the supervisor, and the ARC research degree coordinator (ARC students) and submitted to the Research Degrees Office prior to the beginning of the period of leave: How it should be submitted For directly supported students the form should be submitted directly from the supervisor’s institutional email address. For ARC students the form should be submitted from the research degree coordinator’s email address copied to the supervisor’s institutional email address. The form must be submitted, using the appropriate email address from the list below: For students in ARCS, use research-degrees-arc-se@open.ac.uk For directly supported students, use: Policy Research-degrees-Arts@open.ac.uk Research-degrees-CREET@open.ac.uk Research-degrees-EdD@open.ac.uk Research-degrees-HSC@open.ac.uk Research-degrees-KMi@open.ac.uk Research-degrees-MCT@open.ac.uk Research-degrees-OUBS@open.ac.uk Research-degrees-Science@open.ac.uk Research-degrees-SocSci@open.ac.uk Full-time research students on the OU’s directly supported research degrees programme are entitled, with the prior agreement of their supervisors, to take up to eight weeks’ holiday each year including public holidays and University closure dates. The academic year begins on 1 October and ends on 30 September. For those students who are registered with the University through the Affiliated Research Centre (ARC) programme your holiday entitlement is determined by your ARC. Please consult the Research Degree Coordinator in your ARC. For more information refer to the Research Degrees Student Handbook at: http://www3.open.ac.uk/res-handbook/p6_9.shtml (directly supported students) or http://www3.open.ac.uk/arc-handbook/ (ARC students). \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 14 Tier 4 Compliance Guidelines Further advice is available from the Research Degrees office on: +44 (0)1908 654882, or email research-degrees-office@open.ac.uk (directly supported students) +44 (0)1908 653117 or email research-degrees-arc-se@open.ac.uk (ARC students) Tier 4 Compliance: It is a general principle that, as a sponsor, the Open University is aware of the current location of all of the Tier 4 students it sponsors. This form provides evidence of that location. The form may be made available to the UKVI as evidence of the University’s commitment to ensuring compliance with its responsibilities as a Tier 4 Sponsor. Resources For advice and support before submitting a request please contact the Research Degrees office on +44 (0)1908 654882, or email research-degrees-office@open.ac.uk (directly supported students) +44 (0)1908 653117 or email research-degrees-arc-se@open.ac.uk (ARC students) This form is available to download from the Forms and Guidance notes page of the Virtual Research Environment (VRE) at www.open.ac.uk/students/research The Research Degrees student handbook is at http://www3.open.ac.uk/res-handbook/index.shtml http://www3.open.ac.uk/arc-handbook/ \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 15 Tier 4 Compliance Guidelines Request for Annual Leave Name of student: Personal identifier: Affiliated Research Centre (ARC) (if applicable): ARC Collaborating Establishment (if applicable): Registration date: Programme of study (check box): MPhil/PhD MRes* EdD* *Directly-supported students only Discipline: Date thesis is due for submission: Supervisor(s): Director of Studies (ARC students only): Date leave to start: / / Date leave to end: / / / / Total number of days: Leave remaining, should this leave period be approved: Supervisor authorisation: ARC research degree coordinator authorisation: (ARC students only) Date: Contact details whilst on leave: Address: Telephone No.: Will the leave take you outside of the UK? Yes If Yes, confirm the date after your return that you will take your passport to the Research Degrees Office/ARC Research Degree Coordinator / ARC responsible officer in collaborating establishment: / \\hulse\Research-Degrees\Procedures\Visa and PBI No / Sept 2015 16 Tier 4 Compliance Guidelines Student Signature: Date of submitting this form to Research Degrees Office/ARC Research Degree Coordinator: / / (updated 16 March 2105) \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 17 Tier 4 Compliance Guidelines Request for Authorised Absence Appendix 4 What this form is for To request Authorised Absence: Who should complete it For research degree students who have entered the UK on a Tier 4 visa sponsored by The Open University To initiate a request for authorised absence, the student and supervisor should first discuss and agree the rationale for, and duration of, the absence. The policy is detailed below. The form must be completed by the student in consultation with the student’s supervisor(s) or Director of Studies (Affiliated Research Centre (ARC) students). It must be endorsed by the supervisor, and the ARC research degree coordinator (ARC students) and submitted to the Research Degrees office prior to the beginning of the absence period: How it should be submitted For directly supported students the form should be submitted directly from the supervisor’s institutional email address. For ARC students the form should be submitted from the research degree coordinator’s email address copied to the supervisor’s institutional email address. The form must be submitted, using the appropriate email address from the list below: For students in ARCS, use research-degrees-arc-se@open.ac.uk Policy For directly registered students, use:Research-degrees-Arts@open.ac.uk Research-degrees-CREET@open.ac.uk Research-degrees-EdD@open.ac.uk Research-degrees-HSC@open.ac.uk Research-degrees-KMi@open.ac.uk Research-degrees-MCT@open.ac.uk Research-degrees-OUBS@open.ac.uk Research-degrees-Science@open.ac.uk Research-degrees-SocSci@open.ac.uk Full-time research students may during the course of their studies be required to be absent from their main place of study, be it the Open University or an ARC. These periods of absence will include, but are not restricted to, periods during which a student is undertaking fieldwork, visiting another laboratory, library, or attending a conference. For maternity leave, sick leave and suspension requests please use the Research Degrees Suspended Registration form. For more information refer to the Research Degrees Student Handbook at: http://www3.open.ac.uk/res-handbook/p6_9.shtml (directly supported students) or http://www3.open.ac.uk/arc-handbook/ (ARC students). Further advice is available from the Research Degrees Office on: \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 18 Tier 4 Compliance Guidelines +44 (0)1908 654882, or email research-degrees-office@open.ac.uk (directly supported students) +44 (0)1908 653117 or email research-degrees-arc-se@open.ac.uk (ARC students) Tier 4 Compliance: It is a general principle that, as a sponsor, the Open University is aware of the current location and maintains contact with, all of the Tier 4 students it sponsors. This form provides evidence of that location and method of maintaining contact. The form may be made available to the UKVI as evidence of the University’s commitment to ensuring compliance with its responsibilities as a Tier 4 Sponsor. Resources For advice and support before submitting a request please contact the Research Degrees Office on +44 (0)1908 654882, or email research-degrees-team@open.ac.uk (directly supported students) +44 (0)1908 653117 or email research-degrees-arc-se@open.ac.uk (ARC students) This form is available to download from the Forms and Guidance notes page of the Virtual Research Environment (VRE) at www.open.ac.uk/students/research The Research Degrees student handbook is at http://www3.open.ac.uk/res-handbook/index.shtml http://www3.open.ac.uk/arc-handbook/ \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 19 Tier 4 Compliance Guidelines Request for Authorised Absence Name of student: Personal identifier: Affiliated Research Centre (ARC) (if applicable): ARC Collaborating Establishment (if applicable): Registration date: Programme of study (check box): MPhil/PhD MRes* EdD* *Directly-registered students only Discipline: Date thesis is due for submission: Supervisor(s): Director of Studies (ARC students only): Date absence from normal place of study to start: / / Date absence from normal place of study to end: / / / / Total number of days: Reason for absence: Method of maintaining contact with the supervisory team during the absence period: Supervisor authorisation: ARC research degree coordinator authorisation: (ARC students only) Date: Contact details whilst on authorised absence: Address: Telephone No.: Will the absence take you outside of the UK? \\hulse\Research-Degrees\Procedures\Visa and PBI Yes No Sept 2015 20 Tier 4 Compliance Guidelines If Yes, confirm the date after your return that you will take your passport to the Research Degrees Office/ARC Research Degree Coordinator /ARC collaborating establishment responsible officer: / / / / Student Signature: Date of submitting this form to Research Degrees Office/ARC Research Degree Coordinator: (Updated 16 March 2015) \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 21 Tier 4 Compliance Guidelines Appendix 5 RESEARCH STUDENT ATTENDANCE RECORD Name: …………………………………….. PI: ………………………………………... Department: ………………………………… Faculty: Month ……………………………… Expected Contact / Reports Date Who Attended Notes, Comments or Other Contacts Year 1: September International Student Registration & Conference October [Registration] Which staff from faculty, department, RDO, Research career Dev staff or trainers, supervisors, other students, lab staff Student Induction: Welcome to the OU Faculty Induction Supervisory Meeting Third party monitor meeting Note here the main point of the event. If a supervisory session, note a couple of sentences about the discussion and what was achieved. Example: viva The point of this column is to consolidate the evidence presented that Other contact7 (please specify under ‘Notes/Comments/Other contacts’) Discussion on how the MRes Study could be designed; what should be the focus of the MRes Period; Exploring option of Indian Support 7 Expected contacts could also include attendance at research methods seminars or doctoral workshops organised by the Department/Faculty/Research Centre, submission of interim reports, submission of thesis and viva. \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 22 Tier 4 Compliance Guidelines the student did attend the specified event. Could include MRes modules Doctoral Workshops Seminars Other departmental meetings Journal club Daily attendance in lab Probation assessment – presentation, discussion of lit review, mini viva etc. November December January February March April May June July August September Year 2-3-4 etc. October Add months and years as appropriate. Monitoring must \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 23 Tier 4 Compliance Guidelines continue until the student has completed their degree. Please note – this includes when the student is writing up, the time period when a student has submitted and is awaiting an examination and when completing corrections. If the student leaves the UK for any reason, a form for authorised absence should be completed. In consultation with Research Degrees office, a decision will be taken as to whether the OU can continue to sponsor the student. In these circumstances, contact Research Degrees office for advice. If monitoring cannot continue, the University may have to withdraw sponsorship for the student. Failure to comply with UKVI attendance monitoring requirement puts your individual visa and the University’s Highly Trusted Sponsor status at risk. Please provide details for the reason for any missed contact(s) in the box below: Please provide details of any absence, including annual leave, sick leave or other authorized absences below: Reason for absence Date of absence \\hulse\Research-Degrees\Procedures\Visa and PBI Date of return Confirmation student has returned and that the relevant forms have been submitted to the Research Sept 2015 24 Tier 4 Compliance Guidelines Degrees Office \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 25 Tier 4 Compliance Guidelines Appendix 6 Research Degrees Office The Open University Walton Hall Milton Keynes United Kingdom MK7 6AA Tel +44 (0) 1908 654 882 Email research-degreesoffice@open.ac.uk www.open.ac.uk/students/researc Doctoral Extension Scheme Agreement Form \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 26 Tier 4 Compliance Guidelines Student Name: Student PI: RDO Officer: Supervisors Names: Date: Prepared by: Doctoral Extension Scheme Agreement Purpose of the Agreement The purpose of this agreement is to ensure that [insert name of student] is aware of his/her responsibilities to the University under the Doctoral Extension Scheme agreement. This agreement serves as the guidelines and ground rules enabling both [insert student name] and the Open University to ensure that they comply with the requirements of the UKVI. Responsibilities 8 The Research Degrees Office will retain responsibility for ensuring that the following information is kept: Up to date copies of the passport and visas Contact details Confirmation of engagement Provide [insert student name] with notification of any changes in UKVI policy that will have an impact on the terms of his/her visa [insert student name] will be responsible for ensuring that: He/she provides the Research Degrees Office with up to date copies of his/her passport and visa. He/she informs the Research Degrees Office of any changes to his/her visa status He/she provides current contact details (including address of domicile, e-mail address and telephone number) – in a situation where he/she relocates he/she must ensure that the Research Degrees Office is informed He/she in order to apply with The Open University requirements for maintaining contact 8 either (a) Visits the Research Degrees Office in person on the following dates ……………………….. and ………………………... These should be no less than four months apart. The UKVI requires the University to maintain contact with the students sponsored under the Doctoral Extension Scheme. \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 27 Tier 4 Compliance Guidelines (b) Visits the Research Degrees Office in person on the following date ………………….9 and contacts the Research Degrees Office in person on the following three dates …………., ……………… and ……………. In addition he/she will respond to all e-mails sent to him/her by the University10. Should [insert student name] fail to comply with any of these requirements the Open University will withdraw their sponsorship. Signed by [insert student name] ………………………………… Date: ………………………. Approved by: ________________________________________________ Head of Research Degrees ________________________________________________ Senior Manager; Research Degrees/ Collaborative Provision ________________________________________________ ____________________ Date: ____________________ Date: ____________________ 9 This date should be at the mid-point of the sponsored year. Please note that should [insert student name] miss any of these contacts without reasonable explanation or fail to reply to any email within five working days without reasonable explanation The Open University will withdraw its sponsorship. 10 \\hulse\Research-Degrees\Procedures\Visa and PBI Sept 2015 28