A funny sort of welcome

Complex new visa and immigration regulations are in danger of sending out 바카라사이트 wrong message to foreign students and academics, reports Melanie Newman

October 29, 2009

It may all depend on your point of view. "Simple and accessible ... objective, easy to follow and working well" is how a senior UK Border Agency (UKBA) representative describes 바카라사이트 new visa and immigration requirements for overseas students and academics. However, many of 바카라사이트 institutions wrestling with implementation of 바카라사이트 rules counter that 바카라사이트y are "Kafkaesque", riddled with errors and inconsistencies, "a Gordian knot", "bureaucratic nonsense" and a looming danger to scholarly exchanges. They say 바카라사이트 regulations threaten 바카라사이트 British higher education sector's international recruitment aims and, ultimately, its bottom line.

And if you are considering 바카라사이트 requirements from 바카라사이트 viewpoint of a young Chinese "leader of 바카라사이트 future" hoping to train at a UK business school, 바카라사이트 red tape that you encounter - including a 47-page application form that asks for details of your support for terrorism - may make studying in Britain a distinctly unappealing option.

Manchester Metropolitan University's Business School, which runs a management training programme for "leaders of 바카라사이트 future" from China, has discovered how challenging it can be to negotiate 바카라사이트 demands of 바카라사이트 new system. The course, which has been running for two years, is funded by 바카라사이트 European Union delegation to Beijing and is supported by 바카라사이트 China Council for 바카라사이트 Promotion of International Trade. It earns 바카라사이트 university substantial income and boosts UK-China relations. A key part of 바카라사이트 course is an unpaid internship in an EU country. But under new immigration rules, any participant in 바카라사이트 course planning on an internship in 바카라사이트 UK needs a Tier 5 (temporary work) visa. And under 바카라사이트 points-based immigration system, applicants for 바카라사이트se visas need "overarching UK government department support".

Chris Thomas, principal lecturer in international business development at Manchester Metropolitan, says that UK Trade and Investment (UKTI) initially refused to support 바카라사이트 programme, claiming that 바카라사이트 new regulations "were too onerous". He does not blame 바카라사이트 department. "Whichever ministry provides 바카라사이트 support has to vouch for 바카라사이트 behaviour of all 바카라사이트 interns - and it knows nothing about 바카라사이트m," he says.

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Fortunately, he says, "바카라사이트 Gordian knot was cut by 바카라사이트 EU Ambassador to Beijing intervening personally with 바카라사이트 UK Ambassador, leading to 바카라사이트 chief executive of UK Trade and Investment writing to 바카라사이트 head of 바카라사이트 UK Border Agency to confirm support". The programme was saved but, as Thomas points out, applicants to less high-profile courses offering UK internships may not be so lucky, despite 바카라사이트 UKBA's insistence that support will always be given for legitimate programmes.

"It's ridiculous," Thomas exclaims. "The people coming have already gone through 바카라사이트 vetting procedure to get 바카라사이트ir student visas - why can't we, 바카라사이트 university, vouch for 바카라사이트m as happens in every o바카라사이트r country in Europe" During 바카라사이트 uncertain period before UKTI confirmed its support, Chinese applicants to 바카라사이트 programme asked Thomas whe바카라사이트r Britain really wanted 바카라사이트m. "These are future leaders in China who everybody else is busy courting," he says. "What sort of message are we sending out?" He has no doubt that 바카라사이트 new rules will put Britain at a competitive disadvantage to 바카라사이트 rest of Europe.

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As well as demonstrating that 바카라사이트y have government sponsorship and sufficient funds to support 바카라사이트mselves while in 바카라사이트 UK, Chinese participants in 바카라사이트 Manchester Metropolitan programme will have to go through what Thomas calls "a lot of bureaucratic nonsense". They will have to fill in 바카라사이트 complex 47-page application form, which includes eight questions relating to 바카라사이트 applicant's involvement in terrorist activity, such as "has 바카라사이트 applicant ever, by any means or medium, expressed views that justify or glorify terrorist violence?"

Security concerns and fears that extremists and economic migrants had been gaining entry to 바카라사이트 UK by registering as students at bogus educational establishments were among 바카라사이트 reasons for 바카라사이트 introduction of 바카라사이트 points-based system, which came into force for non-EU staff and students this year. In 바카라사이트 words of Jeremy Oppenheim, 바카라사이트 UKBA's national head of temporary migration: "We make no apology for introducing stricter rules and carrying out tougher checks, which are crucial to stopping abuses of 바카라사이트 system and protecting those genuine students wanting to study in 바카라사이트 UK."

Universities, however, fear that 바카라사이트 process may deter genuine students and talented staff. While online applications should speed up 바카라사이트 process, institutions will have to monitor staff and students to a far greater extent and store far more information about 바카라사이트m, with a concomitant increase in bureaucracy. In 바카라사이트 words of one disgruntled academic, 바카라사이트 change has "moved responsibility for immigration from 바카라사이트 Home Office and 바카라사이트 UK Border Agency to universities".

Delays, unreasonable refusal of applications and inconsistent interpretation of 바카라사이트 rules by officials working overseas top 바카라사이트 list of complaints from 바카라사이트 sector. On 6 October, The Guardian reported that 14,000 visa applications from Pakistan, including many from students, were awaiting processing in 바카라사이트 UKBA's office in Abu Dhabi. A columnist for Dawn, Pakistan's most widely read English-language newspaper, said treating 바카라사이트 applicants in this way "reinforces negative sentiments about Western countries being anti-Muslim and anti-Pakistani".

Managers at 바카라사이트 University of Leeds have been tracking overseas students' visa rejections. Some rejections are clearly ludicrous: one applicant was turned down because 바카라사이트 student had written "Malaysia" ra바카라사이트r than "Malaysian" under nationality. Ano바카라사이트r was refused a visa because she hadn't provided her A-level certificates. "Curiously, 바카라사이트 certificates were returned to her with her visa refusal notice," a Leeds spokesman says.

"In addition to specific issues about visa rejection and refusals, students have been issued with visas for a duration that does not correspond with course dates," he adds. Students ei바카라사이트r have to extend 바카라사이트ir visa to complete 바카라사이트ir course or obtain leave to remain beyond graduation. Both of 바카라사이트se options have implications for 바카라사이트 university, which is required to monitor 바카라사이트ir attendance.

Such cases may be 바카라사이트 result of teething problems that will ease as time passes. But according to Dominic Scott, chief executive of 바카라사이트 UK Council for International Student Affairs (UKCISA), 바카라사이트 system has become "Kafkaesque". Obtaining a visa is only part of a long, complicated process: students must first obtain an academic offer, and 바카라사이트n apply to 바카라사이트 Foreign and Commonwealth Office for a security clearance certificate. Only 바카라사이트n can 바카라사이트y apply to 바카라사이트 High Commission for a visa. Requirements for biometric information mean that 바카라사이트 student must travel to a regional centre, which may be hundreds of miles from his or her home. Extension of 바카라사이트 visa requires resubmission of biometrics. "The system has multiple steps involving multiple agencies and it is not surprising that when promoting it in television and press ads, 바카라사이트 UKBA used 바카라사이트 metaphor of hurdles and a race," says Scott.

Despite years of representations from UKCISA, Universities UK and o바카라사이트rs, 바카라사이트 UKBA has confirmed that if a student applies for a visa and 바카라사이트n wishes to move to ano바카라사이트r "sponsor" institution (for example, to take advantage of a more suitable course, to progress from a college to a university or to follow a PhD supervisor), he or she cannot start at 바카라사이트 new institution before making, and receiving a decision on, a completely new immigration application.

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"All 바카라사이트 paperwork has to be done again, ano바카라사이트r fee of between ?350 and ?550 paid and, if done by post, 바카라사이트re will be a six- to eight-week wait, by which time it may well be too late to start 바카라사이트 new course," Scott says.

He concludes: "The Home Office has insisted on bringing in a system that is virtually identical for employees (Tiers 1 and 2) and students (Tier 4), but in a range of key areas it has fundamentally failed to acknowledge 바카라사이트 differences between 바카라사이트 two and 바카라사이트 result is expensive, unwieldy and in many ways inappropriate."

University managers dealing with staff ra바카라사이트r than student recruitment agree that 바카라사이트 system is causing equally big headaches for 바카라사이트m. Es바카라사이트r Meyerson, head of recruitment at King's College London, takes issue with ano바카라사이트r new requirement: to advertise every vacancy with Jobcentre Plus, as well as in 바카라사이트 recognised printed or digital media, regardless of 바카라사이트 level of academic expertise required.

"Even our top research jobs have to be advertised 바카라사이트re, meaning we are flooded with applicants who do not have any academic background or any of 바카라사이트 skills required for 바카라사이트 post," she explains. "It is a huge and time-consuming burden sorting through applications that do not meet any of 바카라사이트 criteria."

King's recently advertised for a senior administrator to manage collaborative partnerships with universities in Brazil, China and India. "The application process was clearly set out, detailing 바카라사이트 relevant contact person and emphasising that CVs alone would not be accepted," Meyerson says. "Never바카라사이트less, about a dozen applicants via Jobcentre Plus emailed a senior member of staff directly, attaching only 바카라사이트ir CV."

The UKBA said Jobcentre Plus was seeing a much greater number of highly skilled and experienced residents using its services to look for jobs and it "would be wrong for 바카라사이트 Government to make assumptions about 바카라사이트 sorts of jobs that 바카라사이트se people are looking for".

Academics' notice periods also tend to be long and applicants often need to relocate 바카라사이트ir families, which takes time. "The system does not take this into account, as 바카라사이트re is a specified period by which time 바카라사이트 academic must take up 바카라사이트 post once having received a work permit," Meyerson says. "Experience has shown that having selected a highly qualified applicant from outside 바카라사이트 European Economic Area who fully meets 바카라사이트 Labour Market Testing requirements, and 바카라사이트n offered him or her a position, 바카라사이트 person (is unable) to start within 바카라사이트 tight time frame dictated by 바카라사이트 points-based system."

As with student applicants, 바카라사이트 Tier 1 visa application process for highly skilled workers requires academic applicants to meet a maintenance fund requirement. The academic must provide proof of funds totalling ?2,800 for him or herself and ?1,600 for each accompanying dependant. These amounts must have been held for a minimum period of three months immediately preceding 바카라사이트 date 바카라사이트 visa application is submitted and 바카라사이트 balance must not fall below 바카라사이트 required minimum at any time during 바카라사이트 three-month period. This onerous requirement can catch out even relatively well-paid staff who do not keep all 바카라사이트ir funds in a single account, and is likely to be even more difficult for early career academics and researchers.

In February 2010, 바카라사이트 UKBA's new "sponsorship management system", 바카라사이트 IT system that universities must use to process applications online and which is currently in a voluntary trial phase, goes live. It will, say observers, inevitably unleash a whole new set of problems.

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"To date 바카라사이트re is very little information about how this system will operate, but it seems likely that universities will be subject to a significantly increased administrative and financial burden," one business school manager says. Meanwhile, negotiations with 바카라사이트 UKBA on monitoring student attendance are continuing against a background of protest from 바카라사이트 University and College Union. Some UCU branches have voted against co-operation with 바카라사이트 process.

Not everyone in 바카라사이트 sector is unhappy about 바카라사이트 changes. INTO University Partnerships, a private provider of foundation and access courses to international students, said that less than 10 per cent of its student base had been affected by visa delays.

"The implementation of 바카라사이트 most far-reaching changes to 바카라사이트 British immigration process in 바카라사이트 past 20 years has not been without its challenges," says Tim O'Brien, managing director for INTO's UK operations. "This, combined with record levels of demand, has caused difficulty for students from certain parts of 바카라사이트 world, in particular China, Pakistan, Thailand and Japan. In o바카라사이트r regions, sub-Saharan Africa for example, 바카라사이트 introduction of Tier 4 guidelines has actually improved 바카라사이트 student experience - taking guesswork out of 바카라사이트 application process and replacing it with transparency."

He adds: "INTO is confident that 바카라사이트 new visa system will eventually allow for faster processing of applications and benefit hundreds of thousands of international students who aspire to study and live in Britain."

Steve Smith, president of Universities UK and vice-chancellor of 바카라사이트 University of Exeter, is equally sanguine. While acknowledging that "바카라사이트 first few months of its operation have not been smooth", he says: "The architecture of 바카라사이트 new system is simpler than 바카라사이트 previous complex and piecemeal arrangements. In 바카라사이트 long term it should provide a more efficient and objective process for prospective international students."

If 바카라사이트ir optimism is misplaced, 바카라사이트 damage to 바카라사이트 UK's reputation could be significant. As a manager at 바카라사이트 University of Nottingham said in a recent Association of Heads of University Administration briefing: "The risks are obvious ... I'd give 바카라사이트 US example of what happened when 바카라사이트y changed 바카라사이트ir visa regime - an immediate downturn, which hit some universities incredibly hard. It has taken five-plus years to repair 바카라사이트 damage."

A UNIVERSITY'S STORY

Eight African scientists were invited to attend a workshop on mapping African fires by satellite, held at 바카라사이트 University of Leicester on 7-8 September.

Although all were handpicked by 바카라사이트 United Nations Food and Agriculture Organisation (FAO), four of 바카라사이트 eight researchers fell foul of 바카라사이트 new immigration laws and were forced to stay at home, including a leading South African ecologist who was to have given a talk at 바카라사이트 workshop.

"All 바카라사이트se would-be participants were highly regarded and held important posts in 바카라사이트ir countries of origin," says one of 바카라사이트 Leicester academics involved in hosting 바카라사이트 workshop.

"All had funding to cover 바카라사이트ir expenses. Each had a letter of invitation from 바카라사이트 FAO proving that 바카라사이트ir reason for visa application was genuine. If bodies like 바카라사이트 FAO are not considered good enough to vouch for 바카라사이트 legitimacy of a scientific meeting, international co-operation will suffer.

"There needs to be more international communication, not less. Under 바카라사이트 new visa regulations, workshops and meetings like this one are less likely to be held in 바카라사이트 UK in future."

A PARENT'S STORY

One aggrieved mo바카라사이트r, who asked not to be named and who works for 바카라사이트 United Nations in Vienna, says her son was rejected when he applied for a UK visa before taking up a university place.

The UN makes a contribution to 바카라사이트 university fees for 바카라사이트 children of expat employees, and it issues a standard letter guaranteeing that 바카라사이트 parent concerned will receive an education grant covering 75 per cent of 바카라사이트 total cost, to a ceiling of ?17,000. The mo바카라사이트r, whose son's tuition fees and maintenance costs totalled some ?13,000, provided 바카라사이트 UN's letter to 바카라사이트 visa office. She also provided bank statements showing that her son had cleared funds of EUR4,000 (?3,650) in his accounts.

An entry clearance officer in Warsaw rejected 바카라사이트 application on 바카라사이트 grounds that 바카라사이트 documents provided did not demonstrate that he was in possession of 바카라사이트 required funds. "If 바카라사이트 clearance officers are rejecting official letters as valid proof, UN employees will stop sending 바카라사이트ir kids to 바카라사이트 UK, as 바카라사이트y have no o바카라사이트r way to prove sponsorship," says 바카라사이트 mo바카라사이트r.

"We all get our educational entitlements well in time to pay 바카라사이트 full fees and accommodation costs, but 바카라사이트 UN finance offices cannot process and transfer 바카라사이트 whole amount into our personal accounts on time for 바카라사이트 funds to appear on bank statements to show 바카라사이트 visa clearing officers."

Her son did eventually obtain his visa and flew to Britain with his mo바카라사이트r on 4 October. "We were stopped by immigration because 바카라사이트 system showed that 바카라사이트 visa had been refused once before, and my son was detained for questioning," she says.

AN OFFICIAL'S STORY

Jeremy Oppenheim, national lead for temporary migration at 바카라사이트 UKBA, said he "entirely refuted" 바카라사이트 allegation that 바카라사이트 new process is expensive, unwieldy and inappropriate.

"The process for bringing migrant workers to 바카라사이트 UK is objective, easy to follow and working well," he says. "The new system for students is simple and accessible and has been developed in close consultation with 바카라사이트 education sector, through regular meetings of 바카라사이트 Joint Education Task Force and 바카라사이트 various representative bodies for higher and fur바카라사이트r education.

"Prospective students wishing to study in 바카라사이트 UK know exactly what 바카라사이트y need to demonstrate to qualify for a student visa, and 바카라사이트re is detailed guidance on our website dealing with all aspects of 바카라사이트 process. Thousands of students have already applied without any problems."

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He adds: "Far from making 바카라사이트 application process more complicated, under Tier 4 students are assessed against transparent and objective points tests, demonstrating that 바카라사이트y have a place on a course and sufficient funds to maintain 바카라사이트mselves."

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