Amity University [IN] London is a recognised immigration sponsor under Tier 4 of the Points Based System and, as such, is required to comply with the UK Visa and Immigration requirements as outlined in the T4 Sponsor Guidance. Failure to comply with these requirements could result in Amity's Sponsorship Licence being suspended and/or revoked.
The Sponsor Guidance outlines the responsibilities/duties of an immigration sponsor in terms of issuing CASs to prospective students. We must only assign a CAS to a student who we believe will:
- Meet the requirements of the Tier 4 category under which the CAS is assigned; and
- Comply with the conditions of their permission to stay in the UK
While Amity is obliged to follow the requirements outlined in UKVI Sponsor Guidance when acting as an immigration sponsor, the institution is under no legal obligation to issue CASs to individual students and we reserve the right to withhold a CAS and/or withdraw immigration sponsorship where this is justified in light of Amity and/or UKVI policy or where deemed necessary based upon the facts of an individual case. Where immigration sponsorship is withdrawn this may result in a student record being suspended/interrupted or even closed where it is not possible to continue on a course in the absence of immigration sponsorship.
In order to meet the requirements of the Tier 4 Visa category students must:
- Have the academic ability (including appropriate English language qualification) to study the proposed course
- Making academic progress
- Have the funds in place to study on their course
- Intend to study the course
Academic/English language qualifications are checked against University requirements.
Information on admission procedures and requirements can be found in the Admission Policy for International students.
Academic progress must be shown for international students undertaking further studies in the UK. All proposed studies must be completed within permitted UKVI time limits.
Academic progress is demonstrated by moving up a level on the NQF/CEFR scale (e.g. Foundation to UG degree, UG degree to PGT degree). The Home Office requires qualifications to be successfully completed for progress to be shown. This means that the full qualification must be completed rather than parts of the qualification.
Failure to disclose previous studies on an application may lead to any CAS which has been assigned being withdrawn.
Where students are unable to study on a full time basis for health reasons but remain in the UK on a Tier 4 student visa, this time will count towards the University's maximum permitted time for immigration sponsorship. However, if students leave the UK, the time spent overseas will not count towards the University's maximum permitted time for immigration sponsorship.
UKVI has strict restrictions on the length of time that international students can spend in the UK on a student visa issued under Tier 4 of the Points Based System and the progression requirements need to be read in light of these time restrictions:
5 years on a student visa for studies at UG and PGT, PhD level at non HEI's such as Amity University [IN] London
Where a student will be unable to finish a new course within these time limits a CAS should not be issued. Time limits are calculated based upon the length of the visa issued not the length of the course itself.
Tuition fee deposits apply to self-funded applicants to demonstrate willingness and ability to pay. Deposits are compulsory for these groups and can only be waived where the applicant receives full funding for tuition fees from a recognised sponsor (as confirmed by the Admissions Office).
The intention of applicants is assessed by reference to their studies to date (whether within or outside the UK and including any incomplete courses), the personal statement on their application form and interviews with academic and admissions staff. It is also assessed by the use of tuition fee deposits for applicants.
We would not normally issue a second CAS following a refusal on credibility grounds.
For applicants moving from other institutions, their immigration history (including previous refusals) will be considered as part of an assessment of their credibility when determining if a CAS can be issued.
Where applicants and current students extending their visa do not meet the academic ability, academic progress, funding and credibility requirements outlined above the University will not assign a CAS and act as an immigration sponsor. If a CAS has already been assigned when it becomes clear that an applicant or student does not, in the opinion of the University, meet the requirements, the University will withdraw the CAS and notify the Home Office that immigration sponsorship is being withdrawn if the CAS has been used to make a visa application.
In order to comply with the conditions of their permission to stay in the UK, students must observe and follow the Immigration Rules. Where students are unable to meet the requirements of these rules the University should not issue a CAS unless and until the situation has been remedied and, where appropriate, the student has returned home to make an application overseas.
There are situations where it will not be possible to issue a CAS for practical reasons such as those outlined below:
Insufficient time for a visa application to be processed and for the student to join/rejoin the course before the official latest/final date for registration
Where the visa application is likely to be refused either because it is outside of the Immigration Rules (e.g. a student visitor applying to extend under Tier 4 from within the UK, or an over-stayer of more than 90 days who returns home but will receive a ban on entering the UK) or because the evidence to be included by the applicant is unsatisfactory and would result in a refusal
We are unable to assign a second/subsequent CAS for the same course where a visa refusal has been issued and the problem/issue has not been resolved
We are unable to assign a CAS if the original visa covers the original period of studies (excluding the additional period for graduation) where the request is received within the final four weeks of the course
We are unable to assign a CAS if a student extends the period of their studies and the new completion date falls before, on or within two weeks of the end date of their current visa.
This is not an exhaustive list and there may be other scenarios where it will not be practical to issue a CAS.
Withdrawing immigration sponsorship
In certain circumstances (outlined below) immigration sponsorship will be withdrawn by the University either by withdrawing an assigned CAS or by reporting to the UKVI against a USED CAS.
If the University becomes aware that an applicant/student is unable to make a successful visa application after a CAS has been issued
If an applicant/student fails to disclose key information relating to their application to study at the University or their immigration status in the UK which comes to light after a CAS has been issued.
If an applicant/student acts in breach of the Immigration Rules and/or the conditions of their permission to stay in the UK, or if there is reason to suspect that this might be the case. This includes non-attendance and ongoing poor attendance.
If a student is suspended as a result of unpaid tuition fees
If a student suspends their studies voluntarily for a period of more than 2 months
If a student withdraws from their studies or the course is terminated
If there are any other relevant circumstances, such as the student moving into a different immigration route, or the course being completed sooner than expected.
This is not an exhaustive list and there may be other scenarios when the University will withdraw immigration sponsorship.
It is important to note that although Extenuating Circumstances may be accepted from an academic point of view to justify an additional or repeat period of study this does not guarantee that immigration sponsorship will be extended to cover this. Each case will be considered on its merits and in light of the nature of the Extenuating Circumstances.
Curtailment of leave and re-instating immigration sponsorship
Where leave is curtailed as a result of Amity withdrawing immigration sponsorship on the grounds of a breach of the Immigration Rules/conditions of permission to stay in the UK, Amity will not automatically re-instate immigration sponsorship (by issuing a new CAS) if/when a student is ready to return to their studies. Consideration will be given to the nature of the breach, the reason for it and the action taken by the student to remedy the situation, when determining if a new CAS can be issued.