Minimising visa refusals – our advice to members

Some English UK members have reported a higher volume of visa refusals since the publication of the immigration white paper in May. The white paper expressed concern at the high proportion of refusals for ELT centre visas. Many members are reporting a significant loss of business, particularly among their longer-term adult learners.

This is an area in which English UK does a lot of work behind the scenes, both in general and for individual members. We asked Naadiya Rawat and Huan Japes, who lead on this, to explain what may be happening, what English UK is doing about this, and how members can minimise problems.

Are more visas being refused?

Huan: "There seems to be a presumption by UKVI that if there is any problem with the application, however trivial, that can be used as a pretext to reject it."

Naadiya: "That's been happening for years. The bar is very high – unlike in a driving test when you are allowed some minor mistakes. With visas it has to be an almost faultless application. This isn't new, but with everything that's happening it's being enforced."

There is more focus on intent and the student's fixed circumstances, with refusals focusing on issues including local English study options, having not previously studied English locally, or a lack of dependents or assets encouraging return to their home countries. While there is more noise around rejections from Turkey, that could simply be proportional to the volume of applications.

How does English UK work with UKVI?

We regularly join the two education advisory group meetings convened by UKVI where they tell us what's happening in general and report on issues affecting the sector. We meet every six weeks, and other groups represented include Universities UK, UKCISA, IHE and BUILA.

The meetings are also a forum for us to report issues members have shared with us, including immigration officers asking why the student isn't studying locally.

Naadiya said: "Outside those times I can sometimes contact them about issues members have raised with me, but this is something we only do in exceptional cases. Sometimes we get little wins that way, but we choose those cases carefully."

Is English UK planning any further action?

We will run another member webinar on this sometime before the end of the year so we can support members with guidance and best practice, and answer questions. We are working with language teaching associations in other countries, such as Canada, to find out what they are doing to help students minimise refusals.

In addition, we will soon be sharing a form with members which allows them to report refusal data directly to English UK so we can build evidence of any patterns or trends.

What can members do to limit visa refusals?

Naadiya says it is vital that the student gets their visa application right, but many agents report that students sometimes overlook crucial advice.

Here's our advice for member centres:

1. Consider making bookings conditional on the student using an immigration advisor

"There is still no guarantee the visa will be granted but the likelihood is higher. I would suggest this to be a condition of applying rather than leaving students to navigate the application process by themselves. Just as you wouldn't apply for a mortgage without a mortgage advisor, this approach may raise the cost, but it means genuine students will receive their visas and won't have to pay for another attempt," said Naadiya.

2. Try to talk to the student yourself

Although agents provide their students with valuable advice, gaining insight into the student and what they are thinking can also be beneficial. Some universities do this and make decisions about accepting students as a result.

3. Check your terms and conditions, particularly your refund policies

"If students are asking about refunds early in the booking process, that might be worth considering," said Naadiya. She suggests reviewing your terms and conditions around refunds and in particular what proportion of fees paid is refunded. According to immigration rules, students do not need to have paid the fees in full; they only have to show they have the funds in their bank account to cover the course fees and living expenses. You might also consider a higher non-refundable fee.

4. Ask your agents questions

As part of your agreement, ask about their refusal rate, inquire about the visa training they have received, and how much assistance they provide to students with their applications. "If six out of ten applications are refused, you might want to suggest extra training or specify a clause that their students should use an immigration advisor, for instance," said Huan.

5. View applications through UKVI eyes

Officers are experienced at assessing applications and may question why a student would spend £10k to learn English in the UK instead of starting in their home country or online. "UKVI have a duty to assess the credibility of all applicants," said Naadiya. "Given that people are paying thousands for other routes to the UK, it might seem more appealing to pay money towards a language school knowing they'll get their money back afterwards. It is important for centres to recognise that not every student who approaches them, even those applying via an agent, is a genuine student. UKVI have access to a lot of data, and they know that when a student finishes their course they may not automatically leave the UK. A significant number of students of all types apply for asylum at the end of their course."

Government advice on visa applications

> How UK Visas and Immigration makes decisions on visitor cases

> How short-term student applications for entry clearance or leave to enter are considered

> Coming to the UK as a Visitor and restrictions