We have received a number of enquiries from sponsors regarding the reporting of visa refusals to UKBA. We understand that some sponsors have been provided with incorrect advice from UKBA as to whether visa refusals should/should not be reported. UKBA has confirmed to us that it expects sponsors to notify them of the details of any students who fail to enrol by no later than ten working days after the end of their prescribed enrolment period. This includes any student to whom a sponsor has assigned a CAS, who fails to enrol within the required timeframe due to a visa refusal. Such reports must be made on the SMS.
We are currently seeking clarification from UKBA as to how they would like sponsors that have previously failed to report visa refusals to remedy this situation.
We would also like to remind sponsors that the reporting obligations under tier 4 are different from the reporting requirements when making an HTS application. The HTS application form requests information on 'failure to enrol' within one month of the course start date. UKBA has confirmed that when calculating HTS percentages it will not take into consideration those students who are not expected to enrol (e.g. those who you know have had their visa application refused). However, UKBA may refuse an HTS application for failure to report visa refusals as this is considered a breach of a sponsor's general tier 4 duties.