Part C – UK Visas and Immigration Compliance  

1 Introduction 

  

1.1 To ensure compliance with UK Visas and Immigration rules, all students must show evidence that they have the right to remain and the correct conditions to study in the UK. On request by the University, students must present evidence that they have valid leave to be in the UK, have the correct conditions to study and have not allowed any period of immigration leave to lapse.  

  

2 Suspension of Study 

  

2.1 The University may temporarily suspend from study a student who is unable to provide one of the following on request:  

  

2.1.i Evidence of valid leave to be in UK, including the condition to study. 

2.1.ii Proof that an in-time visa application to remain has been submitted. 

2.1.iii An update on the status of any pending visa application. 

2.1.iv Proof that they have exited the UK.  

2.1.v To present original copies of immigration documentation in person upon request. 

2.1.vi Failure to provide up-to-date contact details (i.e term-time address or contact number). 

  

2.2 If a student’s immigration leave or their circumstances prevents them from studying, their record will be temporarily suspended to ensure compliance to the conditions that are placed on the type of leave the student is holding.  

  

2.3 A student whose study has been temporarily suspended will be allowed 15 working days to provide the evidence requested. During the period of suspension under section 2 above (and including the 15 working days under section 3) any University work submitted by the student will not be marked nor taken to the Board of Examiners. Students will not be eligible to attend assessments or engage with classes. If such evidence is not provided, and there is no justification for not providing the evidence, after 15 working days the University will terminate the student’s enrolment.  

  

2.4 A student whose enrolment has been terminated under the Regulations may appeal in writing to the Student Visa Compliance team within 10 working days of termination of their enrolment. Such appeals must be sent to the Student Visa Compliance team and supported by appropriate evidence to show why the termination was not justified. The Student Visa Compliance team will make the final decision in respect of the student’s status and communicate this to the student.  

  

3 Pending Appeal of Termination on Academic Grounds 

  

3.1 Where the decision has been made by the Board of Examiners to terminate study on academic grounds, students are permitted to dispute the decision through the academic appeal procedure. 

  

3.2 If a student visa holder is not able to resume their studies pending the outcome of the Review and Appeal procedures, the University is not able to maintain its sponsorship duties during this period and will need to report the student’s visa for curtailment (cancellation). It is a requirement of the Home Office that the University, as sponsor of the visa, must report and withdraw sponsorship of any sponsored migrants who are not actively studying. 

  

4 Breach of Student Visa Compliance Conditions 

  

4.1 If a student is believed to have breached, or is unable to meet the following compliance conditions, it may result in their visa being cancelled by the University of Lincoln. The following is not an exhaustive list and may change according to the UKVI Sponsor Guidance, the University’s Regulations and Policies:    

4.1.i Failure to maintain sufficient level of attendance, including circumstances where periods of absence are judged to impair a student’s ability to complete their programme within their visa expiry date.

4.1.ii Where a student is unable to demonstrate that they are studying on a full time basis if the student holds a visa for full time mode of study. This includes students on a full time taught programme who are undertaking a retake period, which is considered full time study.

4.1.iii Where a student has not engaged with their studies for 60 days or more during term time, or if their period of absence will have an impact on their ability to complete their programme within the visa period granted by the Home Office.

4.1.iv Where a student breaches the work conditions as stated on their visa.  

4.1.v Where the student has undertaken a period of study outside the UK that is not integral to their programme, following a change of circumstances request.

4.1.vi Where the student is found to have engaged in fraudulent activity associated with their studies or visa conditions.

  

4.2 Other circumstances may lead to withdrawal of sponsorship (cancellation of visa), and this will be considered in accordance with the risk the student has or poses to the University’s Sponsor Licence. 

  

4.3 Where there is a suspected breach of the Section 4 criteria, the student shall be contacted, provided with the relevant information concerning the suspected breach and given five working days to submit a response. 

  

4.4 At the conclusion of the 5 working day response period, the case handler will determine that either:    

4.4.i There is no case to answer and the case should be closed, or;

4.4.ii There is a case to answer and the case will be escalated to a panel to determine the final outcome. 

  

4.5 Such a panel should take place within 15 working days of the conclusion of an investigation into the breach. The panel shall normally comprise no fewer than two members of academic or professional services staff, one who shall act as Chair, drawn from a pool of panel members trained to review such alleged breaches. Panels that are convened under breach 4.1.i of these regulations will normally be chaired by a member of academic staff.The panel should normally include one Student Leader or their nominee. Quoracy for this panel shall be three, including the Chair. The panel will be officered by a member of the Visa Compliance team. 

  

4.6 The panel will consider the alleged breach, evidence, any response offered by the student and will determine either: 

4.6.i The student may continue their studies with or without conditions, or;

4.6.ii To withdraw sponsorship of the student’s visa and therefore withdraw the student from the programme.

  

4.7 The decision of the panel will be communicated to the student in writing within 5 working days by the Visa Compliance team. The student will also be informed of their right to appeal. 

  

4.8 A student shall have a right of appeal against the panel finding/penalty imposed. A student may lodge an appeal within 10 working days of the date of the outcome letter. An appeal must be lodged on OneUni on either of the following grounds only: 

  

1. That there were mitigating factors adversely affecting the student’s ability to attend and/or engage as required which for valid reasons the student did not make known at the appropriate time. Normally, the only acceptable valid reasons will be that the student was incapable of bringing the circumstances to the University’s attention. The student must provide documentary evidence to support their reasons as to why the circumstances were not made known.
2. That there was a material error in the conduct of the process that was of such a nature as to cause reasonable doubt as to whether the outcome might have been different had the error not occurred.

  

4.9 The student must provide all material and evidence that they wish to be considered in support of their appeal at the time that the appeal is made.  

  

4.10 The Legal and Compliance Services Team will obtain the panel pack and will forward this and the student’s appeal to the Academic Registrar (or nominee) for consideration. The appeal should normally be completed within 15 working days. In considering the appeal, the Academic Registrar has the discretion to make enquiries of such persons as they deem necessary.  

  

4.11 The Academic Registrar shall notify the Legal and Compliance Services Team of the outcome of the appeal and give reasons for the decision. The Academic Registrar may confirm the decision to withdraw sponsorship and withdrawal from studies or reinstate the student onto their programme with or without conditions. This decision is final and will be notified to the student in writing by the Legal and Compliance Services Team. The Legal and Compliance Services Team will issue a Completion of Procedures letter. 

  

4.12 In the event of withdrawal from studies as set out in the paragraphs above, where the student has accumulated the requisite number of credits, the Board of Examiners may confer an alternative exit award. Individual programme specific Assessment Regulations set out the detail of exit awards that are available. A student may receive only one award in respect of any programme. 

  

4.13 Where a student might be due to return to the University academically after a period where sponsorship has previously been withdrawn, the University reserves the right to refuse to issue a further CAS if the student has failed to adhere to Student Visa Compliance Regulations or has previously shown to pose a risk to the University’s Sponsor Licence.