[holding answer 3 February 2010]: Withdrawal of accreditation from a private college that has been granted a Tier 4 Sponsor Licence by the UK Border Agency will lead to the revocation of their Sponsor Licence. Students studying at the college will then be afforded a maximum of 60 calendar days, to find another course with a registered Tier 4 sponsor. If at the end of this period they have not found a place on a new course they will have to leave the United Kingdom or face enforced removal.
It is the responsibility of all UK employers to establish that their employees have the legal right to work in the UK and to undertake the work in question before commencing that employment. The responsibility for monitoring the current 20 hour limit and the new 10 hour limit on employment therefore rests with employers who should only employ migrants who have the required permission to work, and employers should not offer employment in excess of an overseas student’s permitted hours.
It is the responsibility of the UK Border Agency to enforce compliance with the immigration rules, including compliance with any restrictions on employment.
No additional enforcement or monitoring duties fall on the higher education institutions accepting such students, except in the event that they are employers of these overseas students. The new 10 hour work limit will apply to all students following courses of study below degree level, excluding those who are on foundation degree courses, as outlined in the Statement of Changes in Immigration Rules (HC367) laid before the House on 10 February 2010.
Prior to the launch of tier 4 on 31 March 2009 educational institutions were not required to be registered as sponsors with the UK Border Agency and it is therefore not possible to say how many bogus language colleges were in existence. Information about the number of overseas students attending such colleges is therefore not available.