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Page 1 of 34 Attendance Monitoring Policy for Tier 4 Sponsored Students Version Number v6.1. Effective from September 2019 Author: Head of Home Office Compliance Home Office Compliance Student Administration
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Page 1: Attendance Monitoring Policy for Tier 4 Sponsored Students · University of Salford Attendance Monitoring Policy V6.1 Page 4 of 34 1. Purpose The University of Salford is required

Page 1 of 34

Attendance Monitoring Policy for Tier 4

Sponsored Students

Version Number v6.1.

Effective from September 2019

Author: Head of Home Office Compliance

Home Office Compliance

Student Administration

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Document Control Information

Revision History incl. Authorisation: (most recent first)

Author Summary of changes Version Authorised &

Date

RDM General grammatical changes and Banner code updates. V6.1

RDM Addition of Salford Languages programmes to the policy,

removal of minimum percentage attendance, general updates.

V6.0 Home Office

Compliance

Assurance Group:

08/18

RDM Exceptions to the Salford Business School attendance

monitoring removed due to discontinuation of Block Delivery

Model. Addition of PGR holiday entitlement

V5.0 SELTEC: 17/05/2017

RH, SM &

LD

Changes to include addition of commutable distance, minimum

percentage attendance and the fraudulent signature process.

Clarification on attendance panel. Inclusion of MBA students

following structural changes to the programme of study.

Procedural info transferred to supporting Student Guide.

V4.0 Chair’s Action - Sam

Grogan (for SELTEC

Chair): 19/12/16

SM & LD Changes to include the number of missed contacts reduced from

10 and 6 to 6 and 3 for taught programmes up to the point of

progression to final stage of Masters programme which has also

been reduced from 10 and 6 to 1 and PGR contact points

reduced from 3 and 6 to 1 and 3. Form submission and

Reporting period has changed.

V3.0 Home Office

Compliance

Assurance Group:

09/2016

SM & LD Changes to include sickness and Authorised absence V2.0 Director of Student

Admin: 09/2014

BB Initial Attendance Monitoring Policy created V1.0 Director of Student Admin: 08/2012

Policy Management and Responsibilities:

Owner: This Policy is issued by the Home Office Compliance Team within Student

Administration. The Directorate of Student Administration has the authority to

issue and communicate policy on Attendance Monitoring for Tier 4 sponsored

students and has delegated day to day management and communication of

the policy to the Home Office Compliance Team and School Administration

Staff.

Others with responsibilities

(please specify): All subjects of the Policy will be responsible for engaging with and adhering to

this policy.

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Document Control Information

Author to complete formal assessment with the following advisory teams:

Equality Analysis (E&D, HR)

Equality Assessment form 1. 1 September 2016 – Copy sent to Equality adviser Dec 2016

Legal implications (LPG) 2. N/A

Information Governance (LPG) 3. Template support Dec 2016

Student facing procedures (QEO) 4. N/A

UKVI Compliance (Student Admin) 5. N/A – this is a UKVI Compliance policy.

Consultation:

Staff Trades Unions via HR

Students via USSU

Relevant external bodies (specify)

N/A – the policy is non-negotiable due to UKVI regulations.

The University’s Home Office Compliance Assurance Group

(HOCAG) includes representatives from across the University.

On 16/08/18, HOCAG considered the policy and recommended

approval to SELTEC.

Review:

Review due: At the point of Home Office changes, new attendance system or within one

year, whichever is sooner.

Document location: University Policy & Procedure Pages

University Policy pages at http://www.salford.ac.uk/policies

The owner and author are responsible for publicising this policy document.

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1. Purpose

The University of Salford is required to monitor the attendance of all Tier 4 students, in line

with UK Visas and Immigration (UKVI) regulations as well as the Immigration Rules that

underpin immigration into the United Kingdom. As a Sponsor, the University of Salford is

committed to meeting all of its duties under its Tier 4 licence. As such, the following

attendance monitoring procedures have been put in place, which will assist students in

protecting their immigration status.

2. Scope

This policy is to be adhered to by Tier 4 students who are currently registered on a

programme of study with the University of Salford. Tier 4 sponsored students would fall

under the following categories:

Students who currently hold a Tier 4 visa;

Students holding student leave before the introduction of the Points Based System;

Students who have made an application for Tier 4 leave within the UK using a

Confirmation of Acceptance for Studies (CAS) number from the University of

Salford and a decision on the application is outstanding;

Students who have made an application for Tier 4 leave within the UK using a CAS

number from the University of Salford, have had their application refused and are

currently undergoing an administrative review;

This policy does not apply to students who currently hold leave to remain in the UK that is

outside of Tier 4 of the Points Based System. Further information regarding leave to

remain in the UK that permits study can be found in Appendix A of this policy. Any queries

should be forwarded to [email protected]

3. Policy Statements

3.1. All Tier 4 sponsored students on pre-sessional English programmes (PSE)

3.1.1. All Tier 4 sponsored students on pre-sessional English programmes will be

monitored at one teaching event per day by the School. Teachers will register

students at each of the two timetabled classes. It is the responsibility of the

Salford Languages Support Office to monitor attendance on a daily basis and

contact students who do not attend.

3.1.2. Tier 4 PSE students must inform Salford Languages of any absence prior to the

start of the timetabled class where possible. Where this is not possible, students

must inform Salford Languages by lunchtime on the day of absence

3.1.3. All Tier 4 sponsored students are subject to the Attendance Policy for Tier 4

Sponsored Students until the end of their programme of study on their student

record or the duration of their visa, whichever is the earliest of the two dates.

3.1.4. Tier 4 sponsored students will also be exempt from the Attendance Policy for Tier

4 Sponsored Students if they return to their home country, provide evidence that

they have left the UK and sponsorship of their Tier 4 visa has been withdrawn.

3.1.5. In order for Tier 4 sponsored students to fully comply with the Attendance Policy,

the University expects students to live within a commutable distance from the

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University. The University of Salford defines ‘commutable distance from the

University of Salford’ as a distance from the University that enables the student to

attend the University during core working hours on a daily basis if they are

required to do so. The location of where a Tier 4 sponsored student chooses to

reside cannot, in any circumstance, be considered an adequate reason for non-

compliance with this policy.

3.1.6. Salford Languages are responsible for checking attendance submissions and

contacting students who have not attended on a daily basis. Appendix C and D

contain end to end flowcharts detailing the attendance monitoring process for

students on the Pre-Sessional English (PSE) programme.

3.2. International Foundation Year (IFY), Undergraduate (UG) and Postgraduate

taught (PGT) programmes

3.2.1. All Tier 4 sponsored students on taught programmes (IFY, UG and PGT) will be

monitored at one teaching event per week. If the student has progressed to the

final dissertation stage of a PGT programme, monitoring will take place once a

month. Each teaching week or month, where applicable, is known as a ‘contact

point’. Further information regarding regularity of submission can be found in

Appendix B of this policy.

3.2.2. It is the student’s responsibility to print off a Tier 4 Attendance Form from the

Immigration and Visas section of the AskUS website; however a stock of blank

forms will be made available to each school office at the start of each academic

year. They must take this form together with their ID card to a teaching event

each week. They will present their ID card to a lecturer/technician who will sign

their form.

3.2.3. IFY, UG and students at the taught stage of a PGT programme will submit their

signed Attendance Form via Salford Advantage no later than the Sunday at the

end of each teaching week.

3.2.4. PGT students who have progressed to the final stage of the programme will need

to maintain contact with their supervisors on a regular basis and have their

Attendance Forms signed by their supervisors. Students who have progressed to

the final stage of their PGT programme will submit their signed Attendance Form

via Salford Advantage no later than the Sunday at the end of the calendar month.

These deadlines are available via the Immigration and Visas section of the AskUS

website.

3.2.5. During the designated reading weeks and holiday periods for their programme of

study, IFY, UG and PGT students are not required to submit attendance

monitoring forms. This is because the programme of study has no expected

contact points during these times.

3.2.6. During the designated exam periods for their programme of study, IFY, UG and

PGT students are not required to submit attendance monitoring forms.

3.2.7. Schools are responsible for checking attendance submissions and contacting

students who have not submitted their attendance form on a weekly basis.

Appendix E, F and G contain end to end flowcharts detailing the attendance

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monitoring process for students on each stage of the programme. Appendix H, I

J and K contain the end to end processes for checking attendance forms and

chasing missed submissions via Qlikview.

3.2.8. PGT students who are writing up their dissertations who have an approved PMC

will need to follow the same procedure as per point 3.2.4 if supervision is agreed.

3.2.8. All Tier 4 sponsored students are subject to the Attendance Policy for Tier 4

Sponsored Students until the end of their programme of study on their student

record or duration of their visa, whichever is the earlier of the two dates.

3.2.9. For PGT students writing their dissertations or final project, Student

Administration will also need to be informed of the final submission date before

they can be exempted from UKVI Attendance Monitoring requirements. This

evidence can be provided either by a TurnitIn receipt or by written confirmation

from the School. Tier 4 sponsored students will also be exempt from the

Attendance Policy for Tier 4 Sponsored Students if they return to their home

country, provide evidence that they have left the UK and sponsorship of their Tier

4 visa has been withdrawn.

3.2.10. In order for Tier 4 sponsored students to fully comply with the Attendance Policy,

the University expects students to live within a commutable distance from the

University. The University of Salford defines ‘commutable distance from the

University of Salford’ as a distance from the University that enables the student to

attend the University during core working hours on a daily basis if they are

required to do so. The location of where a Tier 4 sponsored student chooses to

reside cannot, in any circumstance, be considered an adequate reason for non-

compliance with this policy.

3.3. All Tier 4 sponsored students on placements or exchange programmes

3.3.1 It is a UKVI requirement that all Tier 4 sponsored students on placements must

also be monitored for attendance.

3.3.2 Placement tutors or co-ordinators must inform Student Administration of a

student’s placement location and the duration of the placement as soon as the

details are confirmed as this must be reported to UKVI within 10 working days of

the placement commencing. It is the student’s responsibility to ensure that their

contact details (e.g. term time address and contact telephone number) are kept

up to date on the Student Information System by using Self Service.

3.3.3 The students must follow the same attendance monitoring procedure as those on

taught programmes. They must print off an Attendance Form each week and

have it signed by a nominated line manager or point of contact at the placement

venue. Alternatively, copies of timesheets may be provided as evidence of

attendance.

3.3.4 The Attendance Form (or timesheet) must be submitted via Salford Advantage no

later than the Sunday at the end of each teaching week. Placement co-ordinators

must be able to verify the signature of the line manager at the placement venue.

3.3.5 During the designated reading weeks and holiday periods for their programme of

study, Tier 4 students are not required to submit attendance monitoring forms.

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This is because the programme of study has no expected contact points during

these times.

3.3.6 In order for Tier 4 sponsored students to fully comply with the Attendance Policy,

the University expects students to live within a commutable distance from their

placement or exchange programme. The University of Salford defines

‘commutable distance’ as a distance from the placement or exchange programme

that enables the student to attend said placement or exchange during core

working hours on a daily basis if they are required to do so. The location of where

a Tier 4 sponsored student chooses to reside cannot, in any circumstance, be

considered an adequate reason for non-compliance with this policy.

3.3.7 Please note: if students move from a non-placement version of the course to a

placement version of the course, their visa will not cover them for the duration.

Students should therefore have applied for a new Tier 4 visa after securing, but

before starting, the placement or study abroad if their programme will now be

longer as a result. However, if this application is not made in good time (e.g.

eight weeks before the placement or study abroad is due to commence), this visa

extension should be made after the placement or study abroad has taken place.

3.4. Reassessments/retakes and the 60-day regulation

3.4.1. UKVI regulations state that if any students are not required to participate in their

programme of study (either in class or by some other in-person face-to-face

contact) for more than 60 days then these students must leave the UK. In such

instances, the University will withdraw its Tier 4 sponsorship of these students, their

student records will be set to ‘interruption of study’ and UKVI will be informed of the

circumstances.

3.4.2. The 60-day regulation applies to all students who fail their assessments and have

to undergo reassessment (i.e. they do not undertake any study or attend any

classes in the intervening period) as in the following, but not exhaustive,

circumstances:

a) The student fails in September and the next available opportunity will be in the

following assessment period in January: the student must return to their home

country and only return to the UK on either a Tier 4 or a short-term study visa for

the reassessment (dependent on whether they will be undertaking further

study);

b) The student fails in January (e.g. January intake) and the next available

opportunity will be in the following assessment period in June: the student must

return to their home country and only return to the UK on a Tier 4 or a short-

term study visa for the reassessment (dependent on whether they will be

undertaking further study).

3.4.3. The 60-day regulation also applies to students who only need to retake one

semester in the next academic year, as in the following circumstances:

a) The student has a retake in Semester One and then no further contact is

required in Semester Two: the student should complete Semester One as

required and then return to their home country for Semester Two;

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b) The student has a retake in Semester Two but there is no contact required

during Semester One: the student must return to their home country for

Semester One and only return to the UK for Semester Two.

3.4.4. Where a student is not required to engage in study within a 60-day period, students

will be asked to provide evidence that they have left the UK (such as a scanned exit

stamp in their passport and an e-ticket/ boarding pass). This will then exempt them

from the Attendance Policy for Tier 4 Sponsored Students.

3.4.5. Students that are carrying a fail that also have a requirement to engage in

classroom based activities remain subject to the Attendance Policy for Tier 4

Sponsored Students, subject to them being at dissertation stage.

3.4.6. In exceptional circumstances, if a Tier 4 sponsored student requires access to

relevant university systems such as Blackboard and student email, then the

student’s record will be set back to registered once acceptable evidence has been

received which shows:

a) they have returned to their home country following withdrawal of sponsorship; or

b) they have made an on time application for leave to remain outside of Tier 4.

3.5. All Tier 4 sponsored students on Postgraduate Research Programmes (PGR)

3.5.1. Full-time PGR students are required to attend at least one formal supervision

session each month.

3.5.2. For Home Office Compliance purposes, these sessions must take place once a

month, every month.

3.5.3. It is the responsibility of the PGR student to keep a record of each formal

supervisory session on the Research Supervision Record Form (RSRF). The RSRF

is located on the Immigration and Visas section of the AskUS website and on the

research-specific support pages.

3.5.4. Students will submit their signed RSRF via Salford Advantage by no later than the

Sunday at the end of the calendar month concerned. These dates are provided on

the University of Salford webpages.

3.5.5. If the RSRF form contains an electronic rather than a ‘wet’ signature from the

supervisor, the student must ensure that they provide a screenshot of the email in

which this form was returned to them in as evidence.

3.5.6. All Tier 4 sponsored research students are subject to the Attendance Policy for Tier

4 Sponsored Students until the end of their research programme on their student

record or the duration of their visa, whichever is the earliest of the two dates. Tier 4

sponsored students will also be exempt from the Attendance Policy for Tier 4

Sponsored Students if they return to their home country, evidence that they have

left the UK has been provided and sponsorship of their Tier 4 visa has been

withdrawn.

3.5.7. Student Administration will carry out a sample audit of submitted RSRFs annually.

The forms will be checked against academic signatures held on file.

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3.5.8. In order for Tier 4 sponsored students to fully comply with the Attendance Policy,

the University expects students to live within a commutable distance from the

University. The University of Salford defines ‘commutable distance from the

University of Salford’ as a distance from the University that enables the student to

attend the University during core working hours on a daily basis if they are required

to do so. The location of where a Tier 4 sponsored student chooses to reside

cannot, in any circumstance, be considered an adequate reason for non-

compliance with this policy.

3.5.9. All Tier 4 sponsored research students are required to comply with the Taking

Leave of Absence Requirements in the Code of Practice for Research

Programmes.

Please note: PGR students who take an authorised leave of absence of 21 days or

more in one calendar month will not be required to have a formal supervision

session within that calendar month, but will be required to complete an Advantage

form detailing the authorised leave period. PGR students who take an authorised

leave of absence of 20 days or less within one calendar month will still be required

to have a formal supervision session within that calendar month.

3.6. Authorised absence and sickness periods

3.6.1. Schools should ensure that they know where the student is and what they are

doing at all times.

3.6.2. A student can self-certify for absences of up to seven days using the Self

Certification form provided to students via Blackboard.

3.6.3. If the absence exceeds seven days, the student must provide a medical certificate

to cover all consecutive days after the permitted seven days. Please note that

notes from holistic therapists without an additional note from a certified doctor or

recognised medical professional in the UK cannot be accepted.

3.6.4. To comply with Tier 4 sponsor duties, the School needs to stay in contact with any

student who is away from the University for field-work, data collection, conference

or for research purposes. The School should agree the schedule and form of

contact prior to the student leaving campus. These ideally should be face-to-face

contacts via Skype.

3.6.5. Any official absences need to be authorised by the academic member of staff

concerned. Please note that authorised absence, without maintaining contact

with the University, cannot exceed 59 days.

3.7. Staff absence

3.7.1. An expected contact point is one which the student would in principle have been

able to attend. If a lecture, tutorial or other planned contact point with a student is

cancelled due to staff absence or industrial action, any missed contact point caused

by such circumstances should not be treated as an unauthorised absence.

3.7.2. In the event of a prolonged disruption to the normal schedule of attendance, for

example as a result of the absence of a member of staff or industrial action, it may

be necessary to vary the process for verification of attendance. If this is necessary,

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students will be informed of any new requirements via their University email

address and other formal notification processes.

4. Policy Enforcement

4.1. Submission of Tier 4 Attendance Forms and Research Supervision Record

Forms

4.1.1. As previously detailed, Tier 4 sponsored students on IFY, UG and PGT

programmes must submit their weekly attendance monitoring form no later than

the Sunday at the end of the teaching week. Tier 4 sponsored students on the

final stage of a PGT programme, or on a PGR programme, must submit their

attendance monitoring form/research supervision record form no later than the

Sunday at the end of the calendar month. Late forms will not be processed and

will be classed as a missed contact point.

4.1.2. Attendance monitoring forms/research supervision record forms that are not

signed and dated will not be accepted and will be classed as a missed contact

point.

4.1.3. Tier 4 sponsored students who submit fraudulent forms, such as those where the

date has been purposefully altered or a signature has been forged, will be subject

to the University’s Student Disciplinary Procedure. Further information about the

submission of fraudulent forms can be found in Appendix L of this policy.

4.2. Consecutive missed attendance and non-compliance: Pre-sessional English

Language (PSE) students

4.2.1. Tier 4 PSE students will be sent a communication regarding their absence after

each missed contact point.

4.2.2. Tier 4 PSE students must inform Salford Languages of any absence prior to the

start of the timetabled class where possible. Where this is not possible, students

must inform Salford Languages by lunchtime on the day of absence. Absences

that have not been reported to Salford Languages will be recorded as an

unauthorised absence.

4.2.3. Tier 4 PSE students who have been recorded as having an unauthorised absence

will be contacted via email by Salford Languages Support Office.

4.2.4. Tier 4 PSE students who miss two consecutive contact points will be sent a

further warning email by Salford Languages Support Office.

4.2.5. Tier 4 PSE students who miss three to five consecutive contact points will be sent

a warning email by the English co-ordinator in Salford Languages. This warning

email will advise the student that they need to comply with the attendance

monitoring policy and further non-compliance will result in the withdrawal of

sponsorship of their Tier 4 visa.

4.2.6. If six consecutive contacts have been missed by a Tier 4 PSE student, they will

be requested, by the English Language Centre manager, to attend an interview

with Salford Languages and provide evidence of their attendance. If the student

fails to meet with Salford Languages and does not provide further evidence of

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their attendance within 10 working days of being identified, the case will be

referred to an attendance panel convened by the Home Office Compliance Team

and sponsorship may be withdrawn.

4.3. Consecutive missed attendance and non-compliance – IFY, UG and PGT

students

4.3.1. Tier 4 sponsored students on an IFY, UG or on the taught phase of a PGT course

who have not submitted an Attendance Form for the previous week will be

contacted via email by their School.

4.3.2. Tier 4 sponsored students on an IFY, UG or on the taught phase of a PGT course

who miss three to five consecutive contact points will be sent a warning email by

the Home Office Compliance Team. This warning email will advise the student

that they need to comply with the attendance monitoring policy and further non-

compliance will result in the withdrawal of sponsorship of their Tier 4 visa.

4.3.3. If six consecutive contacts have been missed on an IFY, UG or up to the point of

progression onto the final stage of a PGT programme, the Tier 4 sponsored

student will be requested to attend an interview with a member of the Home

Office Compliance Team and provide evidence of their attendance. If the student

fails to meet with the Home Office Compliance Team and does not provide further

evidence of their attendance within 10 working days of being identified, the case

will be referred to an attendance panel and sponsorship may be withdrawn.

4.4. Consecutive missed attendance and non-compliance – PGR students and PGT

students at dissertation stage of programme

4.4.1. Tier 4 sponsored PGR students, and PGT students who have progressed to the

final stage of their programme, who miss one to two contact points will be sent a

warning email by the Home Office Compliance Team. This warning email will

advise the student that they need to comply with the attendance monitoring policy

and further non-compliance will result in the withdrawal of sponsorship of their

Tier 4 visa.

4.4.2. If three consecutive contacts have been missed on a PGR programme, or

following progression onto the final stage of a PGT programme, the Tier 4

sponsored student will be requested to attend an interview with a member of the

Home Office Compliance Team and provide evidence of their attendance. If the

student fails to meet with the Home Office Compliance Team and does not

provide further evidence of their attendance within 10 working days of being

identified, the case will be referred to an attendance panel and sponsorship may

be withdrawn.

4.5. Action following an Attendance meeting

4.5.1. Following attendance meetings with students, a member of Home Office

Compliance staff will review the evidence provided and the outcome of the

interview before considering a withdrawal of sponsorship. Staff will consider the

student’s attendance history overall, regularity of submission of attendance forms

(where applicable), consecutive missed attendance and any evidence supplied by

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the student and their school in regard to their engagement in the programme of

study. The Home Office Compliance Team staff member will then decide whether

continuing to sponsor the student poses a risk to the University’s Sponsor

License.

N.B. This is less than 10 consecutive contact points as per the Sponsor

Guidance published by UKVI. For pre-sessional students this constitutes

over one week of intensive language classes, for taught students this

constitutes six weeks’ worth of study and for PGR students and PGT

students who have progressed to the final stage of their course, this is

three months’ worth of study. Any student having no engagement in their

programme for this period of time is too high a risk to the University’s

Sponsor license to continue to sponsor.

4.5.2. If a decision is made not to withdraw sponsorship of the student’s Tier 4 visa, the

Home Office Compliance Team will send an email to the student to advise them

of this. The student’s attendance record will be updated and they will also be sent

a ‘Terms and Conditions’ document that they will need to sign and return. If the

student continues not to comply with the University’s Attendance Monitoring

Policy, sponsorship of their Tier 4 visa may be automatically withdrawn.

4.5.3. Students who are withdrawn under this regulation will only be permitted to re-

register if they are able to provide mitigating evidence for their non-attendance or

state that they understand and will comply with this attendance policy going

forward. This will be considered on a case-by-case basis by the attendance panel

who will decide if the student is able to re-apply to the university or if it is deemed

too high a compliance risk in which case no further reapplication opportunities will

be offered.

4.5.4. If a decision is made to withdraw sponsorship of the student’s Tier 4 visa, the

Home Office Compliance Team will send a letter and email to the student to

advise them of this and to detail the actions that they need to take. The School

will then be asked to liaise with the Fees and Awards Team (in Student

Administration) to withdraw the student’s registration record.

4.5.5. Where sponsorship has been withdrawn and contact is made with the Home

Office Compliance Team by the student, the decision may be reversed if sufficient

evidence of attendance and engagement can be provided. If the Home Office

have not actioned the sponsorship withdrawal, and the student meets with the

Home Office Compliance Team and provides sufficient evidence, the notification

on the Sponsor Management System (SMS) may be withdrawn and the student

can continue to be sponsored under Tier 4 by the University of Salford. It should

be noted that once the student’s registration has been re-instated if the student

continues not to comply with the University’s Attendance Monitoring Policy,

sponsorship of their Tier 4 visa may be automatically withdrawn.

4.5.6. When requesting to reverse the decision on the SMS where the Home Office

have already actioned the withdrawal of sponsorship, the student will be liable to

leave the UK and obtain fresh leave to re-enter the UK.

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4.5.7. Following withdrawal of a student’s Tier 4 visa (because they were unable to

provide satisfactory evidence of their attendance) the decision cannot be

reversed. This is because the student has failed to meet the conditions of their

Tier 4 visa. Sponsorship of the student’s Tier 4 visa will be withdrawn, as will

their student status, and the student must return home. Following these actions,

if the student wishes to return to the University later on, they must provide

mitigating evidence for their non-attendance. This will be reviewed on a case-by-

case basis.

5. Related Documentation

5.1. University Policy

The following documents can be found on the University Policy & Procedure pages at

http://www.salford.ac.uk/policies (Academic Governance section):

Attendance Monitoring Policy For Tier 4 Sponsored Students

Academic Regulations for Taught Programmes

Academic Regulations for Research Programmes

Code of Practice for Research Programmes

Personal Mitigating Circumstances Procedure

Interruptions and Withdrawals Policy

Student Disciplinary Procedure

Fitness to Practise Procedure

5.2. Government guidance

The following documentation can be found on the Government webpages at

https://www.gov.uk/:

Tier 4 of the Points Based System – Guidance for Sponsors. Document 1:

Applying for a Tier 4 License

Tier 4 of the Points Based System – Guidance for Sponsors. Document 2:

Sponsorship Duties

Tier 4 of the Points Based System – Guidance for Sponsors. Document 3: Tier 4

Compliance

Tier 4 of the Points Based System: Guidance for Sponsors. Document 4: Higher

Education regulatory reform

Tier 4 of the Points Based System – Policy Guidance

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5.3. Advice

The following supporting documentation can be found on the University of Salford

Immigration and Visa Help Pages at http://www.salford.ac.uk/askus/immigration-visas:

Tier 4 attendance form

Research supervisory record form

Sickness self-certification form (for IFY, UG, PGT and PGR students)

Guides to submitting your attendance monitoring form

Deadlines for research supervision record forms

The following supporting documentation can be found on the Salford Languages website:

Sickness self-certification form (for PSE students)

6. Appendices

Appendix A: Visas outside of Tier 4

Appendix B: Summary of Submission Type and Regularity of Submission

Appendix C: Process flow of the attendance monitoring process for PSE students

Appendix D: Process flow for PSE Tier 4 students and self-certification form

Appendix E: Flowchart for UG and PGT students (taught phase of their course)

Appendix F: Flowchart for PGT students who have progressed to dissertation

Appendix G: Flowchart for PGR students

Appendix H: Flowchart submissions for UG and PGT students (taught phase of their

course)

Appendix I: Flowchart submissions for PGT students who have progressed to dissertation

Appendix J: Flowchart submissions for PGR students

Appendix K: Flowchart for Chasing Missed Submission

Appendix L: Fraudulent Submission Process

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Appendix A: Visas, including those outside of Tier 4

Visa

Code

Description Instances Where Used

D1 Doctorate Extension Scheme

To be used where the student has been granted a Tier 4 visa under the University’s Doctorate Extension Scheme. If the University of Salford is sponsoring a student, the Tier 4 visa will display our licence number (9DFMKXFW4).

F1 Tier 4 (General)

To be used where the student has been granted a Tier 4 visa and is studying and registered on any programme of study with us. If the University of Salford is sponsoring a student, the Tier 4 visa will display our licence number (9DFMKXFW4).

The visa start date should be the date indicated on the Visa or Biometric Residence Permit (BRP), the visa end date should be the end date indicated on the Visa or BRP.

F2 PBS Dependent

To be used where the student has been granted a visa as a dependent of somebody else with Tier 4 leave.

The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP.

F3 Short Term Study Visa

To be used for any student that has been issued with what used to be known as a ‘Student Visitor Visa’. This can either be issued as a vignette style visa or be given in the form of an entry stamp at the UK Border for non-visa nationals. This visa is usually only valid for six months from the date of issue (those issued solely for English language study can be issued for 11 months).

The visa start date should be the date indicated on the Visa or BRP (or entry stamp for non-visa nationals), the visa end date should be the end date indicated on the Visa or BRP (or six months after the entry stamp for non-visa nationals).

F6 Tier 5 In all cases students studying on this type of leave can study full or part time. There are no general obligations the student must meet in order to retain this type of visa.

The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP.

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Visa

Code

Description Instances Where Used

F7 Tier 1 Students can study full or part time as long as they are meeting the primary obligations of their visa, i.e. working for the business they have intended to set up.

The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP.

F8 Indefinite Leave

Although the term ‘indefinite’ means that the person granted this type of leave is able to remain in the UK indefinitely, the BRP cards issued to endorse this type of leave will usually have an expiry date. The student is required to re-apply before the expiry date of the endorsement. Students can study full or part time on this type of leave without any restrictions.

The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP.

It was confirmed by the University of Salford’s Premium Account Manager on the 21st April 2015 that anyone holding Indefinite Leave does not require an ATAS for an ATAS related course of study.

G1 Tier 4 another institution

If the University of Salford is sponsoring a student, the Tier 4 visa will display our licence number (9DFMKXFW4). If the student presents us with a Tier 4 visa with a different sponsor number it is likely that their leave is being sponsored by another institution. Care must be taken if this type of leave is presented to you and in all instances should be referred onto the Home Office Compliance Team particularly if the student has a large amount of time left on the visa (the visa may have been cancelled by the relevant sponsor and may no longer be valid).

The University does not register students holding Tier 4 leave sponsored by another institution and will therefore ask the student to make an on time Tier 4 application and present us with evidence of this before allowing the student to register and populating a check in date in SGASTDN.

In any instance, this type of visa should only be populated into the GOAINTL record by the Home Office Compliance team as a reference as to why a student was unable to register and check-in. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP.

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Visa

Code

Description Instances Where Used

G3 Tier 2 Tier 2 visas are normally granted where the student is being sponsored by an employer to work full time. Study is permitted on this type of visa.

The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP.

G4 Visa Application With UKVI T4

We can allow students to study with us where a physical visa is not held as long as the student has made an on time application to UK Visas and Immigration (UKVI). Where an applicant has made an application to UKVI we normally ask for the following evidence in place of a physical visa (the following list is in the order that the student normally receives documents):

The application cover sheet: this indicates the date of application

UKVI confirmation email confirming receipt of the application

Proof of a Biometric Appointment being made via Sopra Steria: the student will be requested to make an appointment with the UKVI’s commercial partner, Sopra Steria to have their biometrics (fingerprints) taken for their residence permit. The student must enrol for the biometrics within 45 working days of making their visa application..

A decision letter: a decision on a Tier 4 application is normally made within 8 weeks of submission provided the student is able to enrol their biometrics on time. A decision will either be that the applicant has been successful or refused. If the applicant is successful they will be sent their Biometric Residence Permit within 10 working days.

The GOAINTL record must be updated and inputted in the following way:

Visa Start Date – This must be the date the application was made to the Home Office

Visa End Date – This must be 8 weeks from the visa start date

Visa number – This must be the word ‘Evidence’ followed by the date the latest piece of evidence was received.

By updating records in the above format it allows us to see if the application is taking longer than expected and chase up with UKVI. It also allows us to see the last time the student

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Visa

Code

Description Instances Where Used

provided us with an update. We would not chase up a student who has provided an update within the last month.

G5 Limited Leave to Remain

There are various instances where limited leave can be granted to a student; the reasons and restrictions are normally detailed on the visa.

Studying on limited leave can be acceptable in most circumstances. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP.

G6 Visa not required (EEA)

Students may arrive at the University with a passport that was issued from an EU or EEA country but they may be resident in a country outside of the EU/EEA. In all cases the student will be entitled to study in the UK.

The GOAINTL record must be updated and inputted in the following way:

Visa Start Date – This will normally be the date of issue of the passport

Visa End Date – This will normally be the end date of the passport

Visa Number – This will normally be the issuing country of the passport

G7 T4 visa with Gov Dept

Students may be required to send their visa or passport to the a government department, such as DVLA to apply for a driving license within the UK.

G8 No attendance required – Exit evidence received

This is normally inputted onto the students record if the students visa has expired, they still have time remaining on the course but they have left the UK upon receipt of exit evidence from the student. Exit evidence would normally be:

A boarding pass; and/or

Entry stamp from their home country (where applicable)

The GOAINTL record must be updated and inputted in the following way:

Visa Start Date – This will normally be the date the student left the UK based on the evidence received

Visa End Date – This would only be entered where the student is required to return to the University, i.e. after an interruption of study. The date entered would be the return date

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Visa

Code

Description Instances Where Used

Visa Number – This must be the word ‘Evidence’ followed by the date the latest piece of evidence was received.

G9 Sponsorship Withdrawn

Where students have had sponsorship withdrawn by the UoS. The reason for withdrawal must be noted on SKAICAS but the GOAINTL record must be updated in the following way:

Visa Start Date – This will normally be the date sponsorship was withdrawn

Visa End Date – This should be left blank

H1 Sponsorship Withdrawn – Exit Evidence received

Where students have had sponsorship withdrawn by us at their request, normally where they have returned to their home country and still have time remaining on their Tier 4 visa but do not wish to return to the UK and have provided evidence of their return home. Exit evidence would normally be:

Boarding pass; and/or

Entry stamp from their home country (where applicable)

The reason for withdrawal must be noted on SKAICAS but the GOAINTL record must be updated in the following way:

Visa Start Date – This will normally be the date the student left the UK

Visa End Date – This should be left blank

Visa number – This would be the date the student has provided exit evidence

H2 Dissertation or Thesis Submitted

Where students have submitted their final piece of assessed work (on a Master’s level programme) or final hard bound thesis following viva and any corrections (on research related programmes). However if the piece of assessed work or thesis has been submitted one month earlier than the completion date indicated on SKAICAS then the student may need to be reported and sponsorship withdrawn as the student has completed early. If this is the case the student must be set to G9 instead.

If this code is applicable then the BANNER record must be updated in the following way:

Visa Start Date – This will normally be the date the student submitted the final piece of assessed work

Visa End Date – This should be left blank

It is normally beneficial to update the GOAINTL record to this visa type where the student may require an exemption from

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Visa

Code

Description Instances Where Used

attendance monitoring duties and is pending award/graduation.

H3 Visa Application – Check & Send scheme

This is normally used where the student has submitted a visa application via the University’s Check & Send scheme. The date inputted onto GOAINTL for this type of record should be the same as a G4 – Application with UKVI T4 record. However, immigration documents are sent directly back to the University as opposed to the student

H4 Appeal against UKVI T4

The right of appeal is gradually becoming less common with refusals on Tier 4 applications. Appeals normally have to be submitted within 10 working days of a visa refusal in order to be classed as ‘on time’ and timeframes can vary across the UK. The Courts and Tribunals service recommend that on average standard appeals can take up to 20 weeks from the date of submission. If the application for appeal (at any stage) was submitted on time, students can continue to study until the outcome of the appeal is known.

If an appeal is rejected, the student can sometimes appeal to an upper tribunal and, following that, the court of appeal. The final stage may be a Judicial Review but students no longer have study rights when they submit a Judicial Review.

We chase students for an update on appeals where contact/updates have not been made/received within the last month.

The GOAINTL record must be updated and inputted in the following way:

Visa Start Date – This must be the date the application was made to the Courts and Tribunals Service

Visa End Date – This must be 20 weeks from the start date

Visa number – This must be the word ‘Evidence’ followed by the date the latest piece of evidence was received.

H5 Derivative Residence Card

This is normally issued to a primary carer of someone who has the right to live in the UK, a child of a primary carer for someone who has the right to live in the UK or a child of a former EEA worker who is currently studying at a school, college or university within the UK.

Students can study on this visa. The visa start date should be the date indicated on the Visa or BRP, the visa end date should be the end date indicated on the Visa or BRP.

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Visa

Code

Description Instances Where Used

H6 Appeal Against UKVI Non T4

Appeals normally have to be submitted within 10 working days of a visa refusal in order to be classed as ‘on time’ and timeframes can vary across the UK. The Courts and Tribunals service recommend that on average standard appeals can take up to 20 weeks from the date of submission. If the application for appeal (at any stage) was submitted on time, students can usually continue to study until the outcome of the appeal is known but in some instances we would need to know the type of application the student has submitted and to see the refusal notice in order to note if the student has retained any study rights.

If an appeal is rejected, the student can sometimes appeal to an upper tribunal and then the court of appeal. The final stage may be a Judicial Review but students no longer have study rights when they submit a Judicial Review.

We chase students for an update on appeals where contact/updates have not been made/received within the last month.

The GOAINTL record must be updated and inputted in the following way:

Visa Start Date – This must be the date the application was made to the Courts and Tribunals Service

Visa End Date – This must be 20 weeks from the start date

Visa number – This must be the word “Evidence” followed by the date the latest piece of evidence was received.

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Visa

Code

Description Instances Where Used

I1 Administrative Review

As the right of appeal has gradually been removed from Tier 4 applications, UKVI have replaced this with the ‘administrative review’. The student has 14 days to submit the administrative review if in the UK and 28 days if outside the UK. If the original visa application was submitted on time and then the subsequent administrative review was submitted on time, the student retains their study rights. Administrative reviews are expected to take 28 days from the date of submission.

The GOAINTL record must be updated and inputted in the following way:

Visa Start Date – This must be the date the application was made to UKVI

Visa End Date – This must be 28 days from the date the student has submitted the application

Visa number – This must be the word ‘Evidence’ followed by the date the latest piece of evidence was received.

I3 General Visitor Visa

Students cannot normally study on any visitor visa outside of the short term study visa route. However, UKVI do allow students to study for a maximum of 31 days over the lifecycle of the General Visitor Visa provided study is not their primary reason for travel to the UK (as established by UKVI or the Border Force when the student enters the UK).

The GOAINTL record must be updated and inputted in the following way if we have allowed the student to study on this visa:

Visa Start Date – This must be the start date of study, not the start date on the visa

Visa End Date – This must be 31 days from the start date of study, not the end date on the visa

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Visa

Code

Description Instances Where Used

I4 Application with UKVI (Non T4)

Applications outside of the Tier 4 route can still allow the student to study in some cases but we would need to know the type of application that has been made and be able to establish if the student made the application on time. Most applications outside the Points Based System can take up to 6 months to process.

The GOAINTL record must be updated and inputted in the following way if we have allowed the student to study whilst an application outside of Tier 4 is pending:

The GOAINTL record must be updated and inputted in the following way:

Visa Start Date – This must be the date the application was made to UKVI

Visa End Date – This must be six months from the ‘visa start date’ entered

Visa number – This must be the word ‘Evidence’ followed by the date the latest piece of evidence was received.

By updating the record in the above format, this allows us to see if the application is taking longer than expected and chase up with UKVI. It also allows us to see the last time the student provided us with an update. We would not chase up a student who has provided an update within the last month.

I5 Diplomat Visa This type of visa is issued to diplomats and their dependents who are posted to the UK. Students can study on this type of visa.

The visa start date should be the date indicated on the Visa or BRP. The visa end date should be the end date indicated on the Visa or BRP.

I7 Asylum Application

This is where an asylum application is pending a decision from UKVI. The University currently allows students with pending asylum applications to study.

The GOAINTL screen must be updated in the following manner:

Visa Start Date – This must be the date the application was made to UKVI

Visa End Date – This must be left blank

Visa number – This must be the word “Evidence” followed by the date the latest piece of evidence was received.

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Appendix B: Summary of Submission Type and Regularity of Submission

Student Type Where to submit form

Regularity of Submission

Warning Sent To Student

Student Interviewed

Student Reported & Sponsorship Withdrawn

Pre-sessional N/A – paper registers taken

Daily Between one and five consecutive contacts missed by Salford Languages

After six consecutive contacts missed

Within 10 working days of six consecutive contacts being missed where sufficient evidence cannot be provided to explain missed attendances

International Foundation Year

Salford Advantage

Weekly Between three and five consecutive contacts missed

After six consecutive contacts missed

Within 10 working days of six consecutive contacts being missed where sufficient evidence cannot be provided to explain missed attendances

Undergraduate – All Schools

Postgraduate completing taught element of programme

Postgraduate taught completing final stage of programme

Postgraduate Research – all Schools

Salford Advantage

Monthly Between one and two consecutive contacts missed

After three consecutive contacts missed

Within 10 working days of three consecutive contacts being missed where sufficient evidence cannot be provided to explain missed attendances

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Appendix C: Process flow of the attendance monitoring process for PSE students

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Appendix D: Process flow for PSE Tier 4 students and self-certification form

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Appendix E: Process flow of the attendance monitoring process for IFY, UG and PGT

students on the taught phase of their course.

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Appendix F: Process flow of the attendance monitoring process for PGT students who

have progressed to dissertation.

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Appendix G: Process flow of the attendance monitoring process for PGR students.

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Appendix H: Process Flow for Processing Salford Advantage Submissions (for

IFY, UG and PGT students on the taught phase of their course).

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Appendix I: Process Flow for Processing Salford Advantage Submissions (for

PGT students who have progressed to dissertation).

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Appendix J: Process Flow for Processing Salford Advantage Submissions (for

PGR students).

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Appendix K: Process Flow For Chasing Missed Submission (IFY, UG, PGT and

PGR)

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Appendix L: Fraudulent Submission Process

Background

The University currently requires students sponsored to be in the United Kingdom

under Tier 4 of the Points Based System (PBS) to have their attendance monitored.

This is a compulsory part of our Tier 4 licence with the Home Office.

Since moving most submissions over to Salford Advantage, increased oversight of

the process and increased student ownership over the submissions has led to more

scrutiny over the signatures being used on the form.

The submission of falsified information is a very serious matter which can have a

damaging effect on the operation of University processes and on the overall student

experience. Such action, if not appropriately addressed, can damage the reputation

of the University and, in certain circumstances, be considered a beach of the

University’s sponsor licence. In addition such an act may well be a criminal act under

UK law (fraud).

Where the University suspects information that is submitted to be falsified it may

choose to take action under the Student Disciplinary or the Fitness to Practice

procedures. Penalties that may be applied through both these procedures range

from written warnings, up to, and including, Expulsion from the University.