Terms and conditions for international students who are subject to immigration control.

Please note that in addition to Bath Spa University's (“the University”) Terms and Conditions, Rules, Regulations, Policies and Procedures for Students and Academic Regulations generally, the following terms (“the international terms”) will also apply to international students who are subject to immigration control.

For the avoidance of doubt this includes international students studying at our partner colleges who are subject to immigration control for which Bath Spa University is the sponsor of the CASs.  The international terms are addressed to these students.

The international terms apply in addition to all other applicable Terms and Conditions, Rules, Regulations, Policies and Procedures for Students and Academic Regulations. In the event of any conflict or inconsistency between the international terms and any other University Terms and Conditions, Rules, Regulations, Policies, Procedures for Students and Academic Regulations, the international terms shall prevail.

The International Terms

Admission requirements

  1. You will need to produce satisfactory evidence of your qualifications, including a valid/verifiable Secure English Language Test (SELT) where required, in order to issue you with an unconditional offer. You will be required to provide certified true copies of official transcripts or certificate that are a clear and legible copy, where we are unable to verify the qualifications with the issuing organisation. You will need to produce the original copies of your transcripts and certificates for your visa application and when you arrive in the UK to enrol at our University.
  2. Before we can issue an offer to you we will require a fully completed application form with supporting documents either via our online application form or by paper application. We will not be able to issue a Confirmation of Acceptance of Study (CAS) for your visa application without complete academic and immigration history details (including where applicable past employment details)
  3. Admissions decisions are taken by us in good faith on both the basis of qualifications provided and statements made in your application.
  4. If it is discovered that a false statement has been made or significant information has been omitted from your application form, we may withdraw or amend our offer, refuse or withdraw sponsorship and terminate your registration at the University, according to the circumstances. Where a CAS or visa has been issued we would need to report the action taken to UK Visas and Immigration in accordance with our sponsorship duties.
  5. If you require a Tier 4 (General) Student visa to study in the UK, receipt of an academic offer does not guarantee that you will be assigned a CAS. Your immigration history and status will be assessed in accordance with our reasonable interpretation of Tier 4 requirements and the Immigration Rules.
  6. A deposit must be paid in accordance with the University’s Terms and Conditions and is a condition of your offer confirmed on your offer letter.
  7. We reserve the right to refuse to issue a CAS even if you meet all of the academic entry requirements.
  8. We reserve the right to refuse to issue a CAS for the extension of your visa in order for you to complete your course if all of the requirements under Tier 4 are not met and you have failed to meet attendance and academic progression requirements.
  9. It will be your responsibility to obtain a visa to enter and remain in the UK. All students entering the UK must adhere to UK Visas and Immigration regulations. The University will contact the Home Office and other government agencies in relation to issues affecting your leave to enter or right to remain within the UK.
  10. If you wish to defer your offer of a place once you have accepted it, this can only be done if agreed to in writing by the University, and we will need to notify the UK Home Office that you have done so.

Enrolment

  1. You will be required to present your original current passport or travel documents and valid UK visa for verification at enrolment. If you are not currently in possession of these documents, you may be allowed to enrol at the absolute discretion of the University however you will be required to produce original documents from the relevant authorities in order to provide evidence of your current immigration status. For example, a letter from the Home Office confirming that you have submitted an immigration application which is pending.
  2. You will be required to present original evidence of qualifications relied upon in the issue of your study offer for verification at enrolment.
  3. All tuition fees and accommodation fees payable must be paid in accordance with University Terms and Conditions and relevant policies
  4. Requests for refunds of any deposit paid will be administered in accordance with University Terms and Conditions. Refunds will not be given in any circumstances if fraudulent documents have been submitted. Any student rejected for false documents or false representations, including but not limited to any rejection under paragraph 320 (7a) or 320 (7b) of the UK Immigration Rules, will not be eligible for a deposit refund.
  5. In the case of refunds for Tier 4 students; we may require further evidence prior to authorising a refund (copy of refusal document, evidence of having switched immigration category or leaving the UK).
  6. If you are permitted to enrol on a course with a visa that expires before the end date of your course, then you do so at your own risk. It is your responsibility to ensure that you will be able to meet all of the requirements required in order to extend your current immigration permission, or meet the requirements in order to successfully obtain a Tier 4 visa in order to complete the course in the UK.
  7. In some cases, this may require you to return home and reapply for a new visa to come back to the UK.

After Enrolment

  1. On enrolment you must inform us by providing us with your UK contact details (address and telephone number) and keep us informed of any changes to your contact details during the course of your studies. In normal circumstances this can be done via the hub by yourself but from time to time we may contact you to check that you have kept this information updated.
  2. We have a continuing duty to UK Visas and Immigration to ensure all Tier 4 Sponsored students continue to be eligible for sponsorship. In the event that sponsorship of a Tier 4 visa is withdrawn; you will be required to defer enrolment and leave the UK, or switch to an alternative immigration category.
  3. All international students subject to immigration control must hold current, valid leave to be in the UK that allows study at all times during their course. Should you be unable to produce satisfactory evidence of this at any point your enrolment will be suspended until such a time that you are able to confirm your immigration status.
  4. As part of your visa conditions and our academic regulations you are required to attend lectures, tutorials, examinations and other activities which form part of their programme study/course. This includes the requirement to submit all pieces of assessed work on time unless you have mitigating circumstances being dealt with in accordance with the academic regulations.
  5. Your attendance will be monitored for the duration of your course and failure to meet satisfactory attendance requirements may result in us taking further action which could include withdrawal and reporting to the UK Visas and Immigration.
  6. If you require a Tier 4 Student Visa and you are sponsored by Bath Spa University under Tier 4 of the Points Based System (PBS), you will be subject to the reporting requirements set out by the Home Office in the Tier 4 Sponsor Guidance. If you fail to meet all of the attendance requirements, we are legally obliged to report you to the Home Office for non-attendance and sponsorship of your Tier 4 visa will be withdrawn.
  7. You must adhere to and comply with the conditions of your visa at all times. This includes the number of hours you are permitted to work during term time and during the holidays. We are legally required to report to the Home Office any student who breaches the conditions of their UK visa.
  8. You must inform us by contacting the University’s Compliance Team immediately if your immigration status changes at any time and provide our Compliance Team with copies of all correspondence that you receive from the Home Office in relation to your current immigration status or if you leave the UK permanently or switch into another immigration tier.
  9. International students for whom a discontinuation decision has been made by the Awards Board and who are studying under a Tier 4 Visa are required to submit their academic appeal within ten working days in order to avoid the withdrawal of the sponsorship of their Tier 4 Visa (in line with UKVI requirements). If the appeal is not submitted within these ten working days, such students should make arrangements to leave the UK but are entitled to submit their academic appeal within the standard three week deadline.
  10. Any decision taken by the University in respect of its decision whether or not to issue a CAS or to withdraw sponsorship of your visa via UK Visas and Immigration for non-compliance of your immigration responsibilities are final.

International Students who are under 18

In addition to the procedures in place as shown in the Academic Regulations (Section 4 Admissions (B) Age of Entrants), if you are under 18 at the time of application and/or when you begin your programme of study, your parent/legal guardian will be required to:

  • Provide their written consent for you to study at the University
  • Nominate a legal guardian for you in the UK (who must be a relative or a person whom your parent/legal guardian nominates as your guardian while you are under the age of 18 in the UK) in accordance with Tier 4 Sponsorship requirements.
  • Provide your arrival details from your home country before the start of your course including travel details and arrival meeting arrangements
  • Provide your UK accommodation details.

These international terms will be reviewed and amended where necessary in line with changes to the Immigration Rules and Guidance as issued by UKVI and other regulatory bodies.

Date of last approval: December 2016
Approved by: Vice Chancellor and Senior Management Team
Date of next review: June 2017
Department/Post responsible: University Solicitor and Head of International Compliance
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