Doctorate extension scheme ARC 3 May 2013

Key elements Tier 4 (General) and HEI sponsor; monitoring and reporting duties Must apply in UK (with current Tier 4 leave?) Applicant must not have completed doctorate Must apply within 60 days before “expected end date” (date award confirmed) Less restricted work from date of actual completion, before or after “expected end date” Can qualify for “established presence”

“Expected end date” Date award is expected to be formally confirmed, eg after thesis submitted, viva held, any corrections accepted [Rules paragraph 6] This is ‘Course end date’ to use on CAS CAS must not be assigned more than 60 days before this date [Appendix A paragraph 116(h)] Student cannot apply after this date Rules para 6: “expected end date of a course leading to the award of a PhD” means the date the PhD is expected to be formally confirmed, by the sponsor, as completed to the standard required for the award of a PhD and recorded on the confirmation of acceptance for studies accompanying the application for leave to remain as a Tier 4 (General) Student on the doctorate extension scheme.

Sponsoring during writing up period Sponsor Guidance para. 491: Can continue to sponsor during period when writing up a thesis or completing a viva if participation is not required and can meet sponsor duties If don’t sponsor, those students who return as Student Visitors will not be eligible for DES

Sponsor duties Standard confirmation of sponsorship from CAS guide: Sponsorship under DES Expected end date Continued sponsorship for 12 months Student is aware of responsibility to comply with Tier 4 conditions

Sponsor duties At least 2 contacts in 12-month period Intention is for sponsor to offer support in seeking and gaining skilled work but not formal responsibility No requirement that person seek or obtain skilled work No compliance action against sponsor if person becomes overstayer

Sponsor duties: reporting Successful completion of doctorate End of course without award of doctorate Missed contact without reasonable explanation and subsequent failure to establish contact with no reasonable expectation of further contact Permanent departure from UK Breach of conditions

Established presence in UK Added to definition in Appendix C paragraph 14- lower maintenance requirement Must have current leave (as Tier 4 migrant, Student or Postgraduate Doctor or Dentist) and be applying for leave to remain under the scheme

Work Fewer work restrictions from date of actual completion of course No employment as a doctor or dentist in training professional sportsperson/coach Can undertake all other employment including permanent full-time vacancy and employment as an entertainer

Study Supplementary study is possible Supplements other permitted activities, eg work Supplementary study can be at any level, with any institution (including Tier 4 sponsor for DES) and with any mode of attendance

Areas of contention Who can apply? Is ATAS required? Does the cap apply? Can students apply if leave expires before but within 60 days of expected end date? What to put on the CAS? How will employers understand the scheme?

Who can apply? Home Office – current Tier 4 only Rules – anyone who would usually qualify to apply under Tier 4 (General), eg pre-Tier 4 student leave, Tier 1 (PSW), Tier 2, overstayers by no more than 28 days If possible switch to Tier 4 to avoid refusal

The applicant must be sponsored… …by a Sponsor [sponsor for the DES application?] that is a Recognised Body or a body in receipt of public funding as a higher education institution … and that sponsor [sponsor for DES application?] will be the sponsor [current Tier 4 student sponsor?] awarding the PhD Immigration Rules paragraph 245ZX(n)(iii) – explained with paragraph references in updated Manual on website.

Who can apply? Applications from those with leave other than current Tier 4 likely to be refused so need valid application and current leave in order to appeal – student must be prepared for refusal and appeal Refusals will count against HTS criteria unless successfully appealed – seek independent legal advice before assigning CAS and to support student

Is ATAS required? Home Office – yes for period before end date, even if end date has passed before application decided – can reuse ATAS clearance if end date has not changed Rules – only those who want to undertake a course of study require ATAS; Appendix A para 116(h): DES is not a course of study

Is ATAS required? If in doubt and sufficient time, apply in order to avoid refusal ATAS team – will process quickly; confirm on application that research and writing up have been completed and for DES If possible, check ATAS clearance confirmed and application submitted before confirming award of doctorate  

Does the Tier 4 cap apply? Immigration Rules – no exception provided “The policy intent is that … time spent on the doctorate extension scheme should not be counted towards time limits.   We’ll look at whether any further clarification needs to be made on those points.  In the meantime, if there are any individual cases where you are concerned these issues will become a problem, please do let us know” (Home Office policy email 15 April 2013) 

Gap between end of leave and award Home Office – no, must apply for further Tier 4 student leave Rules – nothing to prevent application as long as no more than 60 days before expected end date; leave should not be allowed to expire Other option – apply as student, then vary or apply again but under DES

Completing CAS Home Office – DES is not a course of study so most provisions of Appendix A do not apply, eg English language, academic progress, approved qualification etc Nothing in CAS guide or sponsor guidance re English but Overview says field must be completed – academic progress not required BUT must complete as if course at same level… Standard wording re DES in CAS guide

Employers BRP endorsement: T4(G) DOCT EXT SCH LEAVE TO REMAIN WORK FULL TIME NO DR/DEN/SPORT POST COURSE Preventing illegal working guidance for employers not updated to include scheme

Employers Letter of approval when leave is granted should explain scheme – can be shown to employer Work pending application – until doctorate awarded, Tier 4 student conditions apply; when doctorate awarded, less restrictive conditions apply – employer can use Employer Checking Service for confirmation that application under scheme submitted and pending decision

Sources Tier 4 (General) Immigration Rules Tier 4 sponsor guidance; Using the SMS – CAS Modernised guidance: Tier 4 study Tier 4 policy guidance Unpublished Overview and FAQs 28.3.13 Members’ area of our website (Employment): Compilation of sources Our queries and some Home Office answers