We have come across a rather worrying case.
A student, under the age of 18, collected his BRP in August 2015 which he subsequently lost in September. The student called the UKVI and told them that he had lost his BRP. The UKVI advised him to make a new application for a replacement BRP. A few days later the student found his BRP and called the UKVI to tell them. The student – a minor – was told that he still needed to apply for a new BRP as the first one had been cancelled. The student took no action.
The Headmaster of the school has now received a civil penalty as a result of a contravention of the biometric registration regulations under section 5 (1) of the UK Borders Act 2007. As the student is a minor, the fine has been imposed on a “designated adult”.
Why is this important?
Setting aside the actual legitimacy of imposing a fine on the actions of a minor and then passing this to a randomly selected adult, the sponsor guidance (document 1, paragraph 3.28 in the section entitled Eligibility and Suitability for a Tier 4 Licence) says that it will consider:
Key Personnel, or any individuals involved in the day-to-day running of the organisation or any of its sites, have:
– received a civil penalty for immigration offences;
If the school or student receives such a penalty, do not pay it! An appeal must be lodged – seek advice immediately.
Needless to say we are taking this up with the UKVI….