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EL Gazette campaign to save UK TEFL

As usual, I can find little to add to what the ever fabulous Melanie Butler has to say here, except that if you think this doesn’t concern you, just think about TEFLers fleeing the UK and further flooding the teaching market wherever you are: 

“Stop press! : Britain closes to foreign students

In a move that sidesteps the UK Court of Appeal and the Houses of Parliament, and right as the Gazette goes to press, the British government has given just 24 hours’ notice of a change to immigration law.

The change bans adult students from coming to the UK to study English or any other course below degree level for more than six months, unless they have passed a specified intermediate English qualification at B1 level on the Common European Framework of Reference for Languages (CEFR).

A new list of qualifications comes into effect from 12 August; the only ones accepted for entry are Toefl, Ielts, the Pearson Test of Academic English and Cambridge Esol exams. Among the qualifications no longer accepted is Toeic, the world’s largest English language exam, which is taken by over four million candidates a year and dominates in Korea and Japan, the two largest markets for English language courses in Britain.

Students out of luck

The government laid the new immigration rules before parliament just 24 hours before implementation and three days before the beginning of the summer recess. It also comes at the peak time for student applications for courses for the next academic year. The House has forty days to disagree with the judgment, in which case the government must amend it, but this is unlikely to happen before autumn. Meanwhile, thousands of students will be rejected because they do not have the right language level, or because they do not have the correct qualifications.

The move follows two important rulings on the UK’s student immigration policy by the British courts. In the first case, known as Pankina, three Lord Justices of the Courts of Appeal ruled, in what they described as a question of ‘constitutional importance and real difficulty’, that amendments to the immigration rules must be laid before parliament. In the second case, brought by language-centre association English UK, the Judge also ruled (following the precedent set in Pankina) that the language levels could not be increased to B1 without a negative resolution procedure (the forty-day period above) being implemented.

UKBA admits mistake

The Gazette has also obtained evidence (see p5 of our September issue) that the UK Border Agency has taken the decision to reintroduce the B1 level even after admitting that it had been wrong in claiming that B1 was ‘just below a GCSE in a modern foreign language’. This would make it equivalent to the foreign language level of an English 16 year old. The comparison to GCSE was first made on 10 February and has been repeated by ministers in statements to the House and to the public. It was also used in court in the English UK case.

However, on 16 February Dr Brian North, who developed the CEFR levels, wrote a letter to the UKBA pointing out that a GCSE pass is a low A2, two school years below the B1 level, and that high-school students in most northern European countries require seven years of English at school to achieve that level – making it equivalent, in British terms, to at least an AS-level pass.

The UKBA did not reply to Dr North’s letter, saying that when a copy was sent to them by the Gazette it had been ‘overlooked’. The UKBA’s Jeremy Oppenheim finally replied on 20 July, agreeing that the comparison to GCSE was ‘simplistic’, but argued that it was the correct level for language students. Two days after sending the letter, the government reintroduced the B1 requirement.”

More on this topic here.

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3 Responses to “EL Gazette campaign to save UK TEFL”

  1. Alex Case Says:

    Last thing I heard, English UK managed to get the courts to stop it happening without a vote in Parliament

  2. Andy Mallory Says:

    While I agree it is serious and it does have a knock on effect globally…

    6 months is quite a long time really. I know Japanese and Koreans do stay about a year – since it spreads the cost of airfare and so on and fills a year in their CV nicely. Could they go home and come back after 6 months under the new rules? If the government got its levels right and required a pre-intermediate level rather than the upper intermediate would it be OK? Would it be fair if Elementary students came ofr 6 months and if they passed a Pre-int test before their time was up they could stay on?

    I met students who were basically working and just came to class to have a visa who never got beyong elementary level because it frankly didn’t matter to them.

    We all know their is abuse of the student visa system by people wanting to work or marry in the UK, so some kind of tightening up was on the cards. Sadly, it seems like a typical case of rushing things through by ministers/civil servants who don’t know enough about the real situation.

    I hope it is reversed or at least revised before it does too much damage. I suppose that it what parliament is there for? UK based ELT is a huge money maker. And I loved my (sadly too short) stint in UK private language schools. Cynically, one wonders if they were tryng to kill it off to force more and more students into the University/college sector, which never could compete on an equal footing. I worked in Colleges too and while they were cheaper for the students (especially EU students) the quality was laughable mostly. And ironically this is were almost all the visa scammers I met were studying. In the private schools I only encountered one Polish guy who was working in IT at night and ‘studying’ during the day and one Japanese guy who was runnig a business while coming to class as little as possible.

    Thanks Alex. I was following this but rather lost track of it all a few months back.

  3. Andy Mallory Says:

    Oh dear – terrible spelling and grammar in that one – will have to start composing in WORD and pasting to this box!!

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