Are Independent Schools Likely Targets for Traffickers?

The report suggests that such children are at risk of exploitation in nail bars, cannabis farms and brothels. With many schools already struggling to ensure they comply with their duties as a Tier 4 sponsor, this report highlights another area of concern for schools recruiting international pupils.

There is no suggestion in the report that any of the schools involved had breached their duties as a Tier 4 sponsor and all those named continue to hold Tier 4 sponsor licences. In a sense, the schools are themselves victims of this criminal activity having unwittingly been used as a conduit for trafficking. Nevertheless, schools with Tier 4 licences will want to avoid being targeted so the following tips will hopefully help reduce the risk of that happening:

• Do your due diligence on agents, particularly if they approach you 'out of the blue.'
  
  
• Do your due diligence on the family. Are their jobs and backgrounds consistent with them being able to afford school and accommodation
  fees? Try to engage with the prospective pupils' parents as much as possible, even if language is an issue.
  
  
• Watch out for any attempts to circumvent your usual admissions requirements.
  
  
• If the pupil will be a day pupil, are you satisfied that their living arrangements are appropriate?
  
  
• Is an Education Guardian being appointed and are they suitable/appropriate?

Schools should ensure that their safeguarding and missing pupil procedures appropriately cover the steps they need to take should a Tier 4 pupil go missing. Those procedures should include ensuring reports are made to the relevant authorities including the local authority, the police and UKVI.

Recent Trends in Tier 4 Compliance

Other sponsor compliance issues which we have seen UK Visas & Immigration (UKVI) highlight in correspondence to schools recently include:

• Assigning a single Confirmation of Acceptance for Studies (CAS) to cover two courses (eg GCSEs and A levels).
  
  
• Inadequate evidence of suitable arrangements to transport Tier 4 children to and from the school.
  
  
• Failing to report student or school changes within the required time limits.
  
  
• Failure to retain signed parental consent letters and other mandatory documents, such as passport copies.
  
  
• Users of the Sponsor Management System sharing passwords.
  
  
• Failure to maintain accurate attendance records.
  
  
• Failure to report pupil non-enrolment due to visa refusals, or those who leave the school before the end of their course.
  
  
• Failing to monitor visa expiry dates.
  
  
• Schools with a single licence covering Tier 4 and Tiers 2 and/or 5 who have breached their Tier 2 or 5 sponsorship duties and are therefore at risk of the entire licence being revoked despite no Tier 4 breaches.

If you have concerns that your school's sponsor licence is at risk for any of the above reasons, or you have concerns or queries about any other aspect of your sponsorship duties, please get in touch. VWV's dedicated compliance portal for Independent Schools, OnStream, now includes a free Tier 4 mini compliance audit to highlight some of the issues schools face with Tier 4.

For more details of how our team of immigration specialists help your school comply with its duties as a Tier 4 sponsor, please contact Tom Brett Young in our Immigration Law team on 0121 227 3759, or complete the form below.