Chapter 12 Annex 3

Types of Educational Establishment

1. Publicly funded institutions of further or higher education
Universities and Colleges of Further and Higher Education come under this heading. UK universities and most further education establishments receive funding from central government but are allowed administrative freedom to charge nominal fees or may waive fees completely for a student from overseas if other funding is available.

1.1 Universities
Following changes in the legislation governing tertiary education establishments, ploytechnics are now entitled to themselves universities. As a result there is now a considerable list of new universities in adition to the 45 original universities offering awards at Doctorate, Masters Degree, Bachelor Degree, Ordinary Degree and Foundation Degree level. In Scotland undergraduate degrees can be awarded with the title bachelors of Masters depending upon the tradition within the awarding institution.

American universities in the UK are regarded as private education institutions (see below for details).

1.2 Higher Education
Higher Education covers all post-school courses above A-Level standard. These courses are available at universities, colleges, and institutions of higher education (some wholly concerned with teacher training).

1.3 Further Education Institutions
These institutions cater for people over 16 years old taking courses at various levels up to the standard required for entry to higher education. On 1 April 1993, further education institutions and sixth form colleges in England and Wales became autonomous.

Publicly funded institutions within the FE and HE sectors receive funds through the Further or Higher education Funding Councils and also the Learning Skills Council.

2. Private Education Institutions
There is a wide range of private education institutions which provide courses of further and higher education. They offer a variety of courses including GCSE, A-level, City and Guilds Certificates, Ordinary and Higher National Diplomas, specialist nationally recognised diplomas, and degrees from UK and overseas universities (English Language Schools are described below). The DfES has no inspectoral powers over institutions of this kind, although some institutions are accredited (e.g. with the British Council, BAC or ABLS).

In view of this, and in an effort to counter the activity of those private education institutions that do not meet the requirements of paragraph 57(I)(b) of the Immigration Rules, a definition of a bona fide private education institution was incorporated into paragraph 6 of the immigration Rules (the Interpretation Section) on 19 April 2007. ECOs can find more information about the definition in the IDIs Chapter 3 Section 3 paragraph 5.3.

2.1 English Language Schools
There are a large number of such privately owned institutions in the United Kingdom. Courses offered may be short or long and can lead to such examinations as the Cambridge First Certificate or the Cambridge Proficiency in English Certificate. The British Council offers a voluntary inspection service to English Language schools and those, which are accredited by the British Council, may generally be regarded as bona fide. The Association of Recognised English Language Schools (ARELS) and The British Association of English Language Teaching (BASELT) require all their member schools to abide by a strict code of conduct. All members of ARELS are "accredited" by the British Council. The British Accreditation Council for Independent Further and Higher Education, The Association of British Language Schools and The British Association of English Language Teaching are also recognised as reputable accreditation bodies.

2.2 American Universities:
In addition to the British universities there are an increasing number of American universities who have campuses in the UK. They are offer American degrees and qualifications. Their entrance qualifications and academic standards vary greatly and the DfES regards them as private educational establishments. Some American universities may offer internship programmes/ work placements which enable students to gain work experience with British firms.

Students who hold 'recognised degrees' can switch into work permit employment. The academic standards of American universities vary greatly, however some offer degrees validated at honours level by the British Open University Validation Service. Where there is no such validation, applications for work permit employment will normally fall to be refused.

3. Independent fee paying schools outside the maintained sector
These are schools that are not maintained by a local education authority and which usually charge fees. They cater for varying age ranges of pupils, some for a limited age range e.g. ages 4 to 7 years others a broader age range e.g. up to 18+ years. Independent schools in the UK have to register with the appropriate government department. In England this is the Department for Education and Skills who monitor standards by inspections conducted by Ofsted or the Independent Schools Inspectorate.

Although there is no lower age limit specified in the Rules, children under the age of 5 are considered to be of pre-school age and therefore do not normally qualify for entry as students to these schools.

4. Maintained schools
Leave should not normally be granted to a child who has been accepted as a pupil at a maintained school. An application from a person seeking admission solely to attend a maintained school should normally be refused (but see Chapter 12.16 - on special arrangements for student exchanges).

The term maintained school refers to all publicly funded (state) schools. This includes grant maintained schools (which have opted out of local authority control but receive a grant from central government) and voluntary aided schools, special schools and nursery schools. City Technology Colleges and City Colleges for the Technology of the arts are publicly funded and as such cannot attract overseas students.

Section 61 (1) of the Education Act 1944 states that no fees may be charged in respect of tuition from any maintained school.

ECOs should note that there is nothing in the rules, except in the entry on visitors, to preclude an overseas national who qualifies for entry on some basis other than as a visitor (e.g. a dependant of a person with leave to enter or remain as a work permit holder, self employed person or student for instance ) from being educated at a maintained school, admission to which would be a matter for the relevant local authority ( Chapter 12.26 ).

5. Independent Sixth Form Colleges
International students may attend sixth form colleges if the sixth form college is not attached to a maintained school. All colleges must be on the DfES Register in order to recruit international students. In cases where there is doubt as to be the status of a sixth form college, the ECO should contact the institution and ascertain its status, or contact DfES at educationproviders.enquiries@dfes.gsi.gov.uk.

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