I can see why you would say that, but they are only trying to detect
abuses of the Visa system, which is what they're paid for after all.
Our students, as an example, tend to come to the UK to study English for
a very short period, say 4-12 weeks, and apply for a visa to study in
the UK for that specific period. The Home Office knows that the student
has arrived in the country, and usually would enrol a couple of days
after that. If they don't show up, the Home Office won't know anything
is untoward until weeks later when they realise that they haven't left
the country at the end of visa period, by which time they've
disappeared. We have had a whole batch of Chinese applicants who simply
used our programmes to gain entry into the UK on a student visa and were
never heard of again. We have had exchange programmes with Chinese
universities who are now threatening to back out because they are under
the impression that we are knowingly allowing their students to get
around the visa rules in this way, and are deliberately siphoning off
their "brightest and best" students. I think if the applicants are all
told in advance that this sort of abuse is likely to be detected, then
this will deter all but the genuine students.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Mary Liddell
Sent: 03 February 2005 11:37
To: [log in to unmask]
Subject: Re: [data-protection] FW: Reporting students to Home Office
My concern with this is that the Home Office seems to be engaging in a
fishing expedition. I might feel differently about it if the Home
Office were to provide a list of the students they suspected had entered
fraudulently, and asked us to verify if they had, indeed, enrolled and
were attending.
Mary F. Liddell
Data Protection and Information Officer
Brunel University
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Antoinette Carter
Sent: 03 February 2005 11:31
To: [log in to unmask]
Subject: Re: [data-protection] FW: Reporting students to Home Office
I think "all's fair in love and fair collection notices". Here at the
British Council we often act as the intermediaries between overseas
students and UK universities as we administer a number of scholarship
programmes etc., as well as jointly run various English language
examinations with Exam Boards here in the UK. In our Fair Collection
Notices on the students' application forms we clearly state that, if
having applied for a visa to study in the UK, they are a "no show", that
there details may be made available to the Home Office on request.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Rushall, Martin
Sent: 03 February 2005 10:52
To: [log in to unmask]
Subject: [data-protection] FW: Reporting students to Home Office
Any views on the data protection dimension to this anyone?
Martin Rushall
Deputy Secretary
Leeds Metropolitan University
Leeds LS1 3HE
Tel: +44 (0)113 283 3409
Fax: +44 (0)113 283 3142
-----Original Message-----
From: Duncan Lane [mailto:[log in to unmask]
<mailto:[log in to unmask]>
]
Sent: 27 January 2005 17:57
To: [log in to unmask] <mailto:[log in to unmask]>
Subject: Reporting students to Home Office
The Home Office are currently consulting with institutions via
Universities
UK and Association of Colleges on options for reporting those obtaining
student visas who either do not enrol or who fail to attend after
enrolling.
Vice Chancellors and Principals should have received the attached
documents.
The deadline for responses is 7 March 2005.
Implementation, we understand, is planned for April 2005
You and your colleagues may wish to seek an opportunity to have some
input
into your institution's response.
There are three options presented for reporting 'no shows' and there are
two
options presented for reporting 'non-attenders'.
You may wish to discuss the latter set of options in particular:
Option 1
'Require establishments to notify the Home Office of all students who
enrol
but fail to attend.'
This is the Home Office's favoured option but may cause concern in
institutions as information on all students who do not attend will be
passed
to the Home Office even when 'good' reasons for non-attendance are
provided.
No information has been provided on what this data will be used for by
the
Home Office. There are also issues around the judgement of
non-attendance.
Option 2
'Require establishments to notify us of students who fail to provide
them
with good reason for their non-attendance.'
The Home Office does not support this option as they consider that it
would
place an unreasonable burden on institutions to try to assess whether a
student has dropped out for a genuine reason or not. Again there are
issues
around the judgement of non-attendance.
Also attached templates for information (I/05/13(b))
Institutions are invited to comment on the templates drafted by the Home
Office to enable institutions to provide information on applicants who
do
not enrol and students who do not attend. In particular, whether the
information fields are appropriate and whether institutions will be able
to
provide this level of information in view of data protection issues and
without jeopardising the relationship between student advisers and
students.
Institutions may also wish to suggest appropriate formats for
information
provision to the Home Office. A simple electronic process at relevant
times
in the academic year, perhaps around the time of data provision to other
agencies, may be appropriate. Due to the nature and potential use of the
information being provided by institutions it may also be appropriate to
identify one senior institutional contact point for the Home Office in
relation to this issue.
Home Office data protection advice (I/05/13(c))
Institutions are invited to comment on the suggested data protection
wording
for relevant student documentation that has been developed by the Home
Office. Institutions may wish to comment on whether this advice is
adequate
and/or appropriate.
Other issues
A number of other issues are not addressed in the revised options paper
and
include:
* The Home Office are still unable to provide any evidence of the scale
of
student visa abuse that they are trying to tackle and whether it occurs
in
particular education sectors or in particular parts of the UK.
* There is no information about how this information will be used by the
Home Office.
You may also wish to flag up some good practice issues on reporting
students
if and when the relevant proposals become implemented, particularly
those
who enrol but fail to attend from any stage after that. This could
include:
- looking at how the institution identifies who is not attending;
- having a policy that gives adequate opportunity for the student's
reasons
for not attending / ceasing to attend so that reasons can be expressed
as
appropriate on any form being sent to the Home Office;
- having clear and accessible procedures for students who need to
suspend /
defer / withdraw from their studies at any time including any referral
to
academic and welfare advisers;
- deciding who within the institution would be the liaison point for
communications with the Home Office (e.g. Registrar) and ensuring that
only
that person or people communicate with the Home Office about students
who
are 'no shows' or 'non-attenders' and that there are guidelines on the
procedures that need to be followed by them and any of their successors
- how to ensure that international students can continue to access
advice,
welfare and counselling services knowing that a robust confidentiality
policy will be adhered to and that information would only be passed to
the
Home Office directly or indirectly with their willing consent (e.g..
often
it will be in the students' interests for their reasons for not
attending to
be passed on via the designated person in the institution to the Home
Office)
Kind regards,
Duncan
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