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The duties of the Tier 4 sponsor
1. Tier 4 sponsor is your licensed sponsor while you are in the UK and they have a number of duties that they must comply with.
Record keeping duties
2. Your Tier 4 sponsor must keep a copy of your passport, Biometric Residence Permit (BRP) or UK immigration status document (the student must keep the original) and your contact details.
Reporting duties
3. If you got your Tier 4 visa using a CAS, your sponsor will report on:
• if you fail to enrol on your course within the enrolment period;
• if you miss 10 expected contacts without your Tier 4 sponsor’s permission;
• if your Tier 4 sponsor stops being your sponsor for any other reason, for example, if
you move in to an immigration category that does not need an Tier 4 sponsor;
• if there are any significant changes in your circumstances, for example, if the length of
a course of study becomes shorter;
• any suspicions they may have that you are breaking the conditions of your permission to stay.
4. You must give your Tier 4 sponsor all the information they need to be able to meet the duties above. If you do not, we may investigate you and take action against the Tier 4 sponsor which may affect your status.
5. If you got your Tier 4 visa using a visa letter before 5 October 2009, these sponsor duties are voluntary, but we encourage sponsors to report.
What should I do if I think my Tier 4 sponsor is not complying with their duties?
6. If you think your Tier 4 sponsor is not complying with their duties or has given false information to us to you, you must tell us your concerns.
7. We treat any allegation of abuse of the Tier 4 sponsor’s duties (known as the sponsorship arrangements) in the strictest confidence. Anyone with information about abuse of the sponsorship arrangements can report this using the Home Office
Tier 4 Policy Guidance version 11/2014 page 62 of 81
Account manager or compliance officer visits
8. Your Tier 4 sponsor can get a visit from our visiting officers at any time to check they are complying with their duties. During the visit, our teams may want to speak to you and any other students they are sponsoring.
Changes to the Tier 4 sponsor’s licence
9. There are certain circumstances where the status of your Tier 4 sponsor’s licence may
have an effect on you and your application.
If the Tier 4 sponsor’s licence is suspended
10. If your Tier 4 sponsor’s licence is suspended, they cannot assign any new CAS’.
| Your situation | What will happen |
| You have a CAS but have not applied to come to the UK | You can make an application for leave, however, if you have a CAS issued by a Tier 4 sponsor whose licence has been suspended, we will put your application on hold until we have taken a final decision on their licence. Where your CAS shows that you will be undertaking a pre- sessional course with a partner institution of your Tier 4 sponsor and that partner institution’s own licence has been suspended, we will also put your application on hold until we have taken a final decision on their licence. |
| You have a CAS and have applied to come to the UK | If you have a CAS issued by a Tier 4 sponsor whose licence has been suspended, we will put your application on hold until we have taken a final decision on their licence. Where your CAS shows that you will be undertaking a pre- sessional course with a partner institution and that partner institution’s own licence has been suspended, we will also put your application on hold until we have taken a final decision on their licence. |
| You have entry clearance but have not travelled to the UK | If you have a CAS that was issued to you before your approved education provider’s licence was suspended and you have already been granted permission to enter the UK but you have not yet travelled, you are strongly advised not to attempt to travel to the UK until a final decision is taken in relation to your Tier 4 sponsor’s licence. You are advised to check the Tier 4 sponsor register before you travel in case there has been a change in your sponsor’s circumstances. |
| You have travelled to the UK | If you travel to the UK, you will be allowed to enter (subject to satisfactorily meeting all immigration requirements) and to start studying with the Tier 4 sponsor. |
Tier 4 Policy Guidance version 11/2014 page 63 of 81
| You are already in the UK studying | If you are already in the UK and studying with your Tier 4 sponsor, we will not tell you if we suspend their licence. However, if the Tier 4 sponsor’s licence is revoked, we will tell you and your permission to stay may be limited. |
| You are applying to extend your stay in the UK | You can apply to extend your permission to stay if it expires whilst your Tier 4 sponsor’s licence is suspended, as long as you were issued with a CAS before your sponsor’s licence was suspended. We will consider on a case by case basis whether to proceed with deciding your application before a final decision is taken on your sponsor’s licence. While a decision on your application is pending, we may ask you to submit further documentation and we may carry out further procedures and investigations, including credibility checks. |
Date: 2016-03-03; view: 953
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| Administrative review - applications for entry clearance only | | | If their licence expires, is revoked or is surrendered |