Tier 4 Sponsorship Licence duties
Tier 4 Sponsor Duties as a Tier 4 Sponsorship Licence holder include ensuring that the education provider adheres to the obligations imposed on them in the Tier 4 Sponsorship policy guidance.
What is a Basic Compliance Assessment (BCA)?
A Basic Compliance Assessment (BCA) is a mandatory assessment carried out by UKVI every 12 months for the Tier 4 Sponsors that wish to retain their Sponsor status. As outlined in Document 3 of the Tier 4 Sponsor Guidance, this must be done regardless of the time taken by UKVI to decide on a previous BCA.
Revocation of the Sponsorship Licence will commence if the Assessment is not carried out in time. Applications for the Assessment can be done through the SMS, through which the fee can also be paid. It is the sponsor’s duty to ensure the application is made on time.
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Factors that are taken into account during a BCA
The sponsor will be assessed on the core requirements. The sponsor must have:
- A visa refusal rate of less than 10%;
- An enrolment rate of at least 90%, and;
- A course completion rate of at least 85%.
All requirements must be met by the sponsor on the date the application is made. There is further information on the core requirements in document 3. If a BCA is passed during a Sponsor Probationary period, they will be granted the full status of a Tier 4 Sponsor.
Tier 4 Sponsorship Licence duties and continued compliance
The sponsor must ensure that they have suitable systems in place to maintain full and continued compliance with their obligations throughout their status as a Tier 4 Sponsor. They will need to verify that the HR systems and internal polices reflect the duties of the tier 4 sponsor and that the education provider has sufficient checks and balances in place. This is to ensure a strict adherence to their obligations as set out in the tier 4 policy guidance.
Tier 4 training, compliance reviews and strategic advice
We can work with education providers to help them understand and fully implement their duties as a Tier 4 Sponsor. We can provide small workshops, one to one training or a dedicated telephone helpline to assist with the same. Additionally, we can audit the sponsor’s existing compliance procedures to review systems, procedures, files and advise on the most appropriate remedial action to take if necessary.
How can NA Law Solicitors help you understand your Tier 4 Sponsor duties?
Attracting and retaining overseas students can be a difficult task. We will ensure that you will be able to focus your attention on providing your students with a unique educational experience whilst we work to help you understand and adhere to your duties as a tier 4 sponsor.
We can assist you with the various steps your organisation will need to take as a sponsor, such as:
- How to prepare for and pass the BCA
- Policies you can adopt to minimise refusals of the tier 4 student applications, including those arising under the genuine student test
- The most appropriate procedures to adopt when conducting immigration status checks and monitoring attendance
- How to structure licences in relation to partnerships and sites
- Alternative visa routes available under the permitted paid engagement or visitor visa categories for visiting lecturers
- Tier 2 or Tier 5 sponsor licence issues
- How to conduct RTW checks on students, staff and employees in the prescribed manner
We are a niche immigration law firm specialising in this area of law. Our team of specialist immigration solicitors can assist you with the entire Tier 4 Sponsorship licence process. We will take instructions from you during your initial consultation and advise you on the appropriate documents to gather in support of your application as outlined in Appendix A. We will ensure that the documents provided to the Home Office are in the required format and we will draft detailed legal representations in support of your Tier 4 Sponsorship licence application. Finally, we will ensure you understand and adhere to your duties as a Tier 4 Sponsor.
For more information on how to apply for a licence, click here.
Please feel free to get in touch for a 15-minute telephone consultation on how we can assist with your obligations as a Tier 4 Sponsorship Licence holder.