Cancellation or withdrawal of CAS by Tier4 Sponsor

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Dear Home Office,

I am writing in relation to the cancellation or withdrawal of the CAS letter by the Tier 4 Sponsor. Kindly provide a clear policy on when and how can Tier 4 sponsor can cancel a CAS. In Tier 4 Policy guidance this is the only information available
Cancelling a CAs
492. We can cancel a CAS you have assigned under Tier 4 at any time if we find you were not entitled to assign it, for example if it was assigned:
a. through misrepresentation or fraud; or
b. for a course that you are not permitted to offer to Tier 4 students.
493. You can withdraw a CAS that you have assigned to a student if they have not yet used it to
support an application for a visa or an extension of stay. You must do this using the SMS.
494. If a CAS is cancelled or withdrawn we will not refund your fee.
495. Once a CAS has been cancelled or withdrawn, we will automatically refuse any application
supported by that CAS.
496. If the student is already in the UK, we will cancel or reduce (curtail) their permission to stay
if we find that the CAS on which we based that permission was improperly assigned. We will:
a. curtail their permission to 60 calendar days (to give them a chance to find a new
sponsor) if they were not actively involved in the CAS being assigned improperly. Their
leave will be curtailed to 60 days from the date of our letter informing them that their
leave has been curtailed; or
b. immediately end their leave if they were actively involved

Kindly explain categorically and provide a clear policy about the cancellation of CAS by the Sponsor if it has been used by the student for the application for further leave to remain. What procedure Tier 4 sponsor has to adopt and what action/procedure Home Office UKBA adopts in that case.

I look forward to hearing from you in due course of time.

Yours faithfully,

Malik

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studyandvisitoperationalpolicy, Home Office

Dear Malik,

Thank you for your email.

The cancelling of a CAS is covered in the Tier 4 Sponsor Guidance at paragraph 492 under section Cancelling a CAS, which you have provided below.

The Tier 4 Migrant Guidance also covers information of Cancelling a CAS at paragraphs 36 and 40 and the Using the Sponsor Management System document which I have included below.

Tier 4 Migrant Guidance:

When is a CAS valid?
36. A valid CAS is one that:
• has the same details on it as in your passport; and
• was assigned no more than six months before the date of your application; and
• has not been withdrawn or cancelled by your Tier 4 sponsor or us.

The Immigration Rules and Tier 4 Sponsor Guidance contain full details of the information a
CAS must contain in order to be valid.

40. Your CAS can be withdrawn or cancelled at any time by either us or by your Tier 4 sponsor.
Where your CAS has been withdrawn or cancelled, the same procedures apply as where
a CAS becomes invalid. These procedures are explained in more detail in Annex 2 of this
document.

Using the Sponsor Management System (SMS) confirmation of acceptance of studies:

HINTS AND TIPS ON CREATING A CAS
• If the main details are wrong, you must cancel the CAS, pay for, and assign a new one if
needed to ensure that the details are the same as those in the student‟s application for
leave. For example;
• tier/category is incorrect; or
• if you have given incorrect details for more than one of the following:
• the student’s nationality
• the student’s date of birth
• the student’s surname.

This information is available in the documents referred to above. I have included a link below to the relevant Home Office website.

http://www.ukba.homeoffice.gov.uk/siteco...

Kind regards

Operational Policy and Rules Unit (PBS Operational Policy)
Strategy and Assurance Group

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Dear studyandvisitoperationalpolicy,
Thank you for you reply, my query
is still unanswered, can you please provide a clear policy about when a sponsor can cancel or withdraw a CAS, what procedure sponsor has to follow.
Can a sponsor withdraw a CAS one it is used by student for further leave to remain if Yes then what procedure sponsor has to adopt?
If sponsor doesn't inform the student about withdrawal of CAS does UKBA/Home Office inform about the cancellation or withdrawal of CAS to student before refusing or declaring his application as invalid?

I look forward to hearing from you.

Yours sincerely,

Malik

studyandvisitoperationalpolicy, Home Office

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This is the dedicated inbox for Home Office staff to request advice on
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studyandvisitoperationalpolicy, Home Office

Dear Malik,

The cancelling/withdrawing of a CAS is covered in the below paragraphs taken from the Tier 4 Sponsor Guidance, please refer specifically to paragraph 493 in reference to your question below.

Cancelling a CAS

492. We can cancel a CAS you have assigned under Tier 4 at any time if we find you were not
entitled to assign it, for example if it was assigned:
a. through misrepresentation or fraud; or
b. for a course that you are not permitted to offer to Tier 4 students.

493. You can withdraw a CAS that you have assigned to a student if they have not yet used it to
support an application for a visa or an extension of stay. You must do this using the SMS.

494. If a CAS is cancelled or withdrawn we will not refund your fee.

495. Once a CAS has been cancelled or withdrawn, we will automatically refuse any application
supported by that CAS.

496. If the student is already in the UK, we will cancel or reduce (curtail) their permission to stay
if we find that the CAS on which we based that permission was improperly assigned. We will:
a. curtail their permission to 60 calendar days (to give them a chance to find a new
sponsor) if they were not actively involved in the CAS being assigned improperly. Their
leave will be curtailed to 60 days from the date of our letter informing them that their
leave has been curtailed; or
b. immediately end their leave if they were actively involved.

If you have any concerns about a sponsor and its sponsorship arrangements you can
contact us by emailing: [email address].

Kind regards

Operational Policy and Rules Unit (PBS Operational Policy)
Strategy and Assurance Group

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