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English Language Policy

Notification of amendment of admissions policy: International applicant English language waivers

The Admissions and Widening Participation Policy Group met on the 17th May 2011 to review and agree a new policy on English Language waivers as a result of the changes confirmed by the Minister of State for Immigration, Damian Green, to the Tier 4 Student visa regulations/process.

When English Language waivers are referred to we are referring only to the UKBA’s definition which applies to entrants who (a) require a Tier 4 Entry Visa in order to study and (b) have no evidence of their English Language competency or demonstrate ability below CEFR Level B2 (this equates to IELTS 5.5 with 5.5 in all sections).

Any students who have English at CEFR level 2 but (i) below the University’s standard entrance requirements and/or (ii) do not require a Tier 4 Entry Visa (i.e. distance learning programmes) may be approved for entry under the current system for softening (please note that this is subject to review for the 2012/13 recruitment cycle and the internal approval form will be renamed Approval Form for Softening of the University’s Standard English Language Requirements with immediate effect, in order to avoid confusion).

Background

The headline changes that came into effect on the 21st April were:

  • Any institution wanting to sponsor students will need to have Highly Trusted sponsor (HTS) status.
  • Students coming to study at degree level will require English at CEFR Framework (B2) level.
  • The tightening of English Language waivers which means that only candidates who are deemed as ‘gifted’ would be eligible (this applies only to those candidates who do not have an English Language qualification at B2 level). The University will be required to assign a CAS to students in this category, but also formally notify the UKBA and provide written authorisation for the applicant to present upon entry to the UK.
  • The UKBA will have the right to refuse entry to any student who does not demonstrate sufficient ability in English (i.e. if an interpreter is required).

Risks – Admission/Entry clearance

The tightening of English Language waivers is significant and required an immediate change in University Admissions policy. Cases need to be very carefully considered in light of the UKBA’s requirements and because UKBA Officers will now have the power to refuse entry on the grounds of insufficient English on arrival. Failure to implement changes to our Admissions policy on English Language waivers could result in applicants being turned away at the border or at visa interviews.

With the UKBA creating a section to handle English Language waivers, it is clear that they will be undertaking a high level of monitoring to ensure that this category is not exploited, and that only very ‘gifted’ students are considered. This is reaffirmed in Vince Cable and David Willets letter of 28th March 2011 to the Vice Chancellor (regarding the Government Review of the Tier 4 Migration Student Visas) in which they state:   “The minimum English language requirement for exceptional students studying at degree level and above at an HEI (for example, a gifted musician) can be waived by the UKBA on request from the HEI, although we expect the number of such requests will be minimal” and reinforced further in the UKBA Tier 4 of the Points Based System - Policy Guidance April 2011 where it states “We expect such cases to be exceptional” (page 39 point 256) .

Failure to adhere to this guidance and advisory warnings could result in the University losing is HTS status, which would mean that we are no longer authorised/permitted to recruit International Students.

Agreed Changes to English Language Waiver policy

  • A cap will be put on the number of English Language waivers that can be put forward to the UKBA. This has been agreed at 5 cases per cycle.

Capping the number of requests put forward is essential to ensure that the University is not deemed to be exploiting this category and is only deemed to be putting forward exceptional cases.

An internal process will be put in place for requests to be put forward on behalf of the College.

  • English Language waivers will only be permitted for applicants undertaking STEM subjects, where a very strong case can be made for the value that they will add to the University/sector.

Following guidance from the International Student Advice Team and the International Office, English Language waivers are most likely to be accepted for STEM subjects due to current Government lead recruitment drives and incentives to recruit high quality candidates in this area.

  • Authority to approve English Language requests is restricted to College Managers, Admissions (Head of Admissions/International Admissions Officer) and the Head of Student Services, all of whom will need to agree and approve each request.
    The Head of Student Services will have the final authority on all cases (on behalf of the Academic Registrar).

The Process

Within STEM subject areas an Admissions Tutor or potential Supervisor will have the authority to put forward a request for an English Language waiver to the College Manager by completing and following guidance on the English Language waiver form (see attached form). Admissions Tutors/Supervisors will have the right to put forward as many requests as they feel appropriate but should be aware that only 5 (from all requests made through-out the University) will be put forward to the UKBA and should therefore be subjective and responsible in their approach.

College Managers will review each case to ensure fairness and consistency across the College and should undertake a further sift of the requests only putting forward those they feel meet the exceptional category to the Admissions Office

Admissions will review all cases to ensure consistency/quality of all cases in relation to the wider University. If Admissions are in agreement with the College they will put the request forward to the Head of Student Service and notify the College Manager accordingly. If the request is declined Admissions will provide feedback to the College Manager.

The Head of Student Services will review and have the final authority on all cases (on behalf of the Academic Registrar). If the Head of Students Service approves a waiver he will confirm this to Admissions, who will put forward the request as appropriate to the UKBA.

Forms can be accessed via the following links: