Below full details of process and what Sponsors alongside applicants need to be aware:
What is the scope of the suspension?
ETS administer two English language tests for UK immigration purposes:
TOEIC – Test of English for International Communication
TOEFL – Test of English as a Foreign Language
UK Visas & Immigration has suspended the consideration of all applications made in the UK for further leave to remain where the customer relies on any TOEIC or TOEFL test to prove their English language ability. Applications for Entry Clearance made outside the UK are not suspended.
Can you still sponsor a student who has taken a TOEIC or TOEFL test?
UKVI are not preventing you from issuing a Confirmation of Acceptance for Studies (CAS) to a Tier 4 applicant that holds a test certificate issued by ETS.
Similarly, they are not preventing students from applying for further leave to remain with a CAS supported by a test certificate issued by ETS.
In these circumstances, applications can be submitted but consideration will be suspended while our investigations are ongoing. The institution and student should follow the guidance set out in this note and in the Tier 4 guidance.
However, UKVI would strongly recommend that any sponsor considering issuing a CAS to a Tier 4 applicant relying upon a test certificate issued by ETS takes additional steps to satisfy themselves as to the English language capability of that applicant.
UKVI would also advise any customer wishing to have their application considered within our current 8 week service standard to obtain a test certificate from a provider other than ETS if their sponsor is satisfied with that test.
You have genuine students that are able to prove their English language ability, how can their application be progressed?
Students who took the TOIEC or TOEFL test and who do not want UKVI to hold up their application pending the investigation into ETS provided tests will need to make arrangements to pay for and take a new test with an alternative test provider with your approval.
UKVI has your student’s passport, how can they prove their identity at the test provider?
UKVI have provided students with an authorised copy of their passport and made arrangements with the other approved test providers for them verify students with us.
Will the student have to pay for their test?
Yes, the student will have to pay the required fee.
What is your role as a sponsor?
Your role is to determine whether the student you are sponsoring has the correct level of English language ability required by the course and the Immigration Rules.
If your student presents you with a new test provider and you are satisfied that the new test meets your requirements, you must update the CAS with the details.
You can update the CAS by using the Sponsor notes function.
UKVI cannot accept evidence from a new English language test unless the CAS has been updated. You must make clear that the new test replaces the TOEIC or TOEFL test as evidence of English language ability.
You have a student whose case is on hold but you cannot update their CAS because it has been marked as Used or it has expired, what should you do?
If the CAS is used or expired or you need further help or guidance you should speak with your licence manager or call 0114 207 3463.
You are a Higher Education Establishment (HEI); can you assess the English language ability ourselves?
Yes, if you are an HEI and the student is studying a course above degree level you can still assess the language level using the means set out in the guidance.
However, if you declare on your CAS that you have used a TOEIC or TOEFL test for this assessment, the case will be placed on hold.
Will the UKVI accept provisional test scores?
UKVI will not accept any provisional test scores as evidence of English language ability.
What if you do not want to use a test from a different provider?
If you do not wish to continue to support the application with a test administered by another provider then please be aware the application will be only considered following the outcome of UKVI’s investigation into tests administered by ETS.
What if you wish to withdraw sponsorship?
If you wish to withdraw sponsorship completely then the student’s application will fall for refusal. The application fee will not be refunded.
What do your students need to do once they have a new test and we have updated the CAS?
Once a student has a new test English language test certificate and you have made a note on the CAS record the student must submit the test certificate to UKVI:
- Students who submitted their Tier 4 application online can reprint their cover sheet from their online customer account. New test certificates must be sent alongside the cover sheet to the address on the cover sheet.
- Students who applied using the “Print and Send” method should send their new certificate to the following address, inputting their Case ID number where referenced –
Level 5, Vulcan House Iron
PO Box 3468
Sheffield
S3 8WA
How quickly will UKVI process the application?
All Tier 4 applications received which rely upon a test result from a provider other than ETS are being processed normally in line with UKVI service standard approach. This means that if the application is straightforward a decision will be made within eight weeks provided that the applicant does what UKVI asks of them when we ask it. If the application is not straightforward, UKVI will write and tell the applicant this is the case and what will happen with their application.
What if your student has submitted a new test certificate but you have not yet updated the CAS?
If UKVI receive evidence that has not been added to the CAS, they will contact you. UKVI will not be able to progress the case until you have assessed the evidence that has been provided and have added this to the CAS.
Students affected by the judgment in the Patel case
When UKVI revoke the Sponsor Licence of an educational establishment they allow students who had an application for leave to remain pending and students already studying there, a period of 60 days in which to find a new sponsor. This is called the Patel Period.
Some of these students will have a TOEIC or TOEFL test as evidence of their English language ability.
UKVI are aware that in a minority of cases, the Patel Period may be coming to an end and the student will not have enough time to take a new English language test and obtain the evidence needed for a new application.
UKVI are not preventing you from issuing a Confirmation of Acceptance for Studies (CAS) to a Tier 4 applicant that holds a test certificate issued by ETS.
Similarly, they are not preventing students from applying for further leave to remain with a CAS supported by a test certificate issued by ETS.
If you are considering issuing a CAS to a Tier 4 applicant switching from an educational institution whose licence has been revoked and where the applicant is relying upon a test certificate issued by ETS, you ought to take additional steps to be fully satisfied as to the English language capability of that applicant to fulfil the requirements of the course of study. UKVI would also advise any applicant wishing to have their application considered within their current 8 week service standard to obtain a test certificate from a provider other than ETS.
Where there is less than 28 days remaining of the Patel Period UKVI will write to the student and allow a further period of 28 days from the date that they write to them; UKVI believe this provides ample time for any affected student to seek and take a new test and provide the evidence to you as the sponsor.
In these instances you must write a letter of support for your student, to say that you are prepared to sponsor the student, but want the student to take a new test before you issue the CAS.
This letter must include the details of the test provider, the date of test and the name of the test centre. UKVI will verify the letter with your Key Contact and the test provider.
The letter neither acts as a CAS nor as an application. The student will be allowed to remain in theUnited Kingdom pending an application for leave to remain but will not be allowed to start studying with you.
Where can you obtain further information?
If you have any further questions please contact the customer contact centre or your licence manager if you have premium customer service.
Where can students obtain further information?
UKVI have set up a helpline to assist students with an application pending who are relying on a test certificate from ETS or who were about to apply with such a certificate. These students may call 0114 207 3463 if they have any further questions relating to this issue.
If you are unsure about any of the above or what to do, please contact us on 020 7494 0118 or our Aberdeen office at 01224 826 573 and we would be delighted to assist.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
