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Terms and Conditions for Pre-Sessional English Programmes at the University of Essex International College

Terms and Conditions for Pre-Sessional English Programmes at the University of Essex International College

Introduction

The following terms and conditions and the Offer Letter, (together the “Terms and Conditions”), set out the contractual
relationship between Kaplan Essex Limited (Kaplan) and its students in relation to Pre-Sessional English (PSE) Programmes.

It has been agreed that Kaplan will deliver PSE provision on behalf of the University of Essex (the University) from the
University of Essex Colchester Campus. The University will process the PSE applications, produce Offer Letters, and
receive PSE tuition fee payments on behalf of Kaplan. Either the University or Kaplan will provide immigration sponsorship
and assign Confirmation of Acceptance for Studies (CAS) to PSE applicants, as appropriate dependent on the
circumstances of the applicant, as outlined in Section 3. The University will also create University student records for the
PSE students for the purposes of services provision (e.g. IT access, Library access).

Students should ensure that they read the Terms and Conditions carefully before accepting an offer for the PSE course,
paying particular note to the requirement to abide by a) the Immigration Law of the United Kingdom; b) all College regulations
and policies and c) all relevant University regulations and policies (see section 7).

These Terms and Conditions also include information about the 14 day right to cancel and the circumstances where refunds
can be issued. Please see section 5 of this document.

The majority of non-UK students studying a PSE programme provided by Kaplan will need to have a Student Visa to study
in the UK, in line with current UK Visa and Immigration (UKVI) guidelines found at: https://www.gov.uk/student-visa.

In order to be eligible to apply for a Student Visa, a Student must hold an offer of a place on a PSE Programme, an offer for
a place on a Main Programme of Study at the University, and be in possession of a CAS, which will be issued by the University
or Kaplan, as appropriate (see Section 3).

Complaints

University Complaints Policy for Applicants:

Complaints can only be made in relation to a procedural irregularity in the University’s PSE admissions processes,
procedures, or policies. Further details of the University’s Complaints Procedure for Applicants can be found at
https://www.essex.ac.uk/-/media/documents/admissions/complaints-policy-for-applicants.pdf
College Complaints Policy
If a Student wishes to complain about the delivery or quality of any matters relating to the Programme, the Student should
refer to the Complaints Policy which is available from the College or at the following link:
www.kaplanpathways.com/about/complaints.

1. Definitions

“Agent” means a third-party individual or organisation through which the Student arranges their study with Kaplan;

“Airport Transfer Service” means a method of transport arranged by Kaplan to transport the Student between the
local airport and their accommodation;

“Application” means a formal request, via the University’s application from the Student to the University, or via Kaplan
to the University to study on the Programme;

“ASPP” means Academic Skills Preparation Programme;

“CAS” means a Confirmation of Acceptance for Studies;

“College” means the University of Essex International College (a Kaplan International Pathways college);

“Main Programme of Study” means the University of Essex course that the Student intends to progress to upon
completion successful completion of the Pre-Sessional Programme.

“Financial Guarantee” means a formal written confirmation from a Sponsor (e.g. a Government sponsor) recognised
by the University that they will be responsible for part or full payment of any Tuition Fees and/or Other Fees;

“GBP” means Great British pounds;

“Kaplan” means Kaplan Essex Limited;

“Offer” means an offer to the Student to study on the Programme;

“Offer Letter” means the letter sent to the Student by the University offering the Student a place on the PSE
Programme, setting out any relevant conditions to the Offer;

“Other Fees” means any fees that are not Tuition Fees such as book fees or Airport Transfer Service fees;

“PSE” means Pre-Sessional English;

“Programme” means the Pre-Sessional English programme at the University of Essex International College;

“Refund Fee” has the meaning given to it in section 5.2.1b;

“Student(s)” means the individual attending the PSE Programme;

“Sponsor” means an individual or organisation (e.g. a Government sponsor) that is responsible for the payment of
any or all of the Tuition and/or Other Fees for a Student as set out in the Financial Guarantee;

“Sponsored Student” means the Student who receives financial support from a Sponsor (e.g. a Government sponsor)
for payment of Tuition and/or Other Fees;

“Term” means a fixed period of time, as determined by the College, during which the College holds classes;

“Tuition Fees” means a sum specified in the Offer Letter, payable by the Student or Sponsor to cover tuition, course
materials, access to College facilities, enrolment procedures and orientation meetings, use of Information Technology
facilities, exam sitting, and a Kaplan award on successful completion of the Programme;

“Tuition Fee Deposit” means the sum specified in the Offer Letter, payable by Students towards the Tuition Fees to
secure a place on the PSE Programme, which will be non-refundable except for in specific circumstances as outlined
in sections:
▪ 5.1.1: Right to cancel
▪ 5.1.3: Visa refusals and
▪ 5.1.4: Extenuating circumstances before enrolment
(In line with Student Visa regulations, Sponsored Students who hold a Financial Guarantee from a Sponsor are not
required to make a Tuition Fee Deposit payment.)

“University” means the University of Essex.

2. Application, offer and accepting the offer

2.1 Application: Applicants should complete and submit the PSE application form which can be found on their MyEssex
Applicant Portal. Details about the PSE Programme, information on how to apply, and contact details can be found at
https://www.essex.ac.uk/international/pre-sessional.

2.2 The University, on behalf of Kaplan, reserves the right to accept or reject any PSE application. An application would
only normally be rejected if the applicant did not meet the relevant English Language or academic requirements, or
the application is received after the course has closed to applications. Complaints can only be made in relation to a
procedural irregularity in the University’s PSE admissions processes, procedures or policies. Further details of the
University’s Complaints Procedure for Applicants can be found at https://www.essex.ac.uk/-
/media/documents/about/governance/academic-regulations.pdf


2.3 Offer: If the application to the PSE Programme is successful, the applicant will receive an offer letter in their MyEssex
Applicant Portal. The letter will be from the University, on behalf of Kaplan. The letter will direct applicants to these
Terms and Conditions on the MyEssex Applicant Portal and provide details of how to accept the offer.

2.4 Accepting the offer: To accept the offer, applicants must follow the payment instructions set out in their offer letter
or submit a financial guarantee which relates to Tuition Fees and exceeds the amount of the Tuition fee deposit
included in the offer letter on or before the deposit deadline outlined in the offer letter. Once a Student has accepted
their offer, a legally binding contract incorporating these terms and conditions will come into existence between the
applicant and Kaplan, which remains dependent on the applicant meeting all immigration requirements (if they
require a visa to study in the UK).

2.5 Details of immigration responsibilities can be found on the UK Visas and Immigration website at
https://www.gov.uk/student-visa.

3. Issuing a Confirmation of Acceptance for Studies (CAS)

3.1 Details of immigration responsibilities can be found on the UK Visas and Immigration website at
https://www.gov.uk/student-visa.

3.2 Once the PSE Programme applicant has paid the Tuition Fee Deposit to accept their offer (see Section 2.4), either the
University or Kaplan will act as Student visa sponsor depending on the applicant’s circumstances, with the University
issuing linked CAS (to cover both the PSE Programme and the Main Programme of Study at the University) to eligible
applicants and Kaplan issuing standalone CAS (to cover the PSE course only) to applicants who are not eligible for a
linked CAS, as outlined in Sections 3.3 and 3.4, respectively, below

3.3 Kaplan-issued Standalone CAS

Where an applicant is not eligible for a linked CAS which covers both the PSE course and the Main Programme of
Study at the University, for the reasons specified in (a) to (b) below (and as specified in the UKVI Student Visa
Guidance), Kaplan will issue the applicant with a standalone CAS which will cover the PSE Programme only.

(a) All applicants who have elected to take a 20-week or 15-week PSE Programme are not eligible for a linked CAS due
to the duration of these courses.

(b) Applicants for 10-week and 5-week PSE courses who are not eligible for a linked CAS because, in addition to the
English Language requirement, they have to meet other conditions associated with their offer for their Main Programme
of Study at the University (e.g. academic requirements).

(c) Applicants for 10-week and 5-week PSE courses who are not eligible for a linked CAS because they already hold B2-
level English Language but their offer for their Main Programme of Study at the University includes the English
Language requirement to achieve uplift to C1 level. This only applies to Doctorate of Clinical Psychology and MSc
Speech and Language Therapy (pre-registration)
applicants whose offer includes the English Language requirement
for IELTS 7.0 or above overall and in each component.

3.4 University-issued Linked CAS

Where an applicant is eligible for a linked CAS which covers both the PSE Programme and the Main Programme of
Study at the University, in the circumstances outlined in (a) and (b) below, the University will issue the applicant with a
linked CAS.

(a) All applicants holding an unconditional offer (i.e. who have already met both the academic and English Language
requirements for their offer) to their Main Programme of Study at the University, and who have elected to undertake a
4-week Academic Skills Preparation Programme (ASPP) Pre-Sessional Programme, will be eligible for a linked CAS.

(b) All applicants who hold an offer for their main programme of study at the University, which is only conditional on passing
the PSE programme, and who have elected to undertake a 10-week or 5-week PSE course to meet the English
Language requirement of their offer for the Main Programme of Study at the University, will be eligible for a linked CAS.

3.5 Credibility interviews

Some applicants that require the University’s immigration sponsorship will be selected for a credibility interview.

(a) Where an applicant is eligible for a linked CAS which covers both the PSE Programme and the Main Programme of
Study at the University this will need to be completed before the University can issue a linked CAS.

(b) Where an applicant is not eligible for a linked CAS and requires a separate CAS to be issued for their Main Programme
of Study at the University this will need to be completed before the University can issue a CAS for their Main Programme
of Study.

4. Payment of Fees


4.1. Payment Terms

4.1.1. As outlined in Section 2.4 above, Students must follow the payment guidance set out within their offer letter to
accept the Offer unless they submit a Financial Guarantee (see 4.1.3 below). The University collects the Tuition
Fee Deposit on behalf of Kaplan. Instructions on how to pay the Tuition Fee Deposit will be sent to the Student
in their offer letter. Such payments shall be made by online payment or bank transfer by the Student or direct
family member only. Cash and forex (FX) payments are not accepted.
4.1.2. Students shall pay the Tuition Fees to the University in full prior to the date on which the Student enrols on the
PSE Programme. The University collects Tuition Fees on behalf of Kaplan. Such payments shall be made by
online payment or bank transfer by the Student or direct family member. Cash and forex (FX) payments are
not accepted. For online payments, bank or merchant fees are included in the amount charged. Any Tuition
Fee Deposit already paid by the Student shall be deducted from such payment.
4.1.3. Sponsored Students shall submit the Financial Guarantee covering Tuition Fees from their Sponsor prior to the
date on which the Student enrols on the PSE Programme. The Financial Guarantee must clearly state that the
sponsorship covers costs of the PSE programme.
4.1.4. The University reserves the right to charge VAT on Tuition Fees where necessary following a change in law or
regulation.

4.2. Outstanding Fees

Students shall not be permitted to join the PSE Programme if any Tuition Fees are outstanding after the last date
for enrolment on to the PSE Programme has passed. The University on behalf of Kaplan reserves the right to
suspend or cancel the Student’s participation on the PSE Programme and to charge interest at 3% above the
Bank of England base rate per month or part thereof on the outstanding balance until such balance is paid in full.
Kaplan further reserves the right to withhold any academic results or certificates if any Tuition Fees are outstanding
at the end of the PSE Programme.
4.3. Insurance
Students not ordinarily resident in the UK are obliged to maintain adequate accident, medical and travel insurance
for the duration of the Programme. Students who are ordinarily resident in the UK are not required (although are
recommended) to have appropriate insurance.
4.4. Banking Charges
Students or Sponsors are responsible for covering any applicable bank charges when making payments. Should
the Student fail to pay any applicable charges, all such amounts shall be deducted from the Student’s Tuition Fee
Deposit or from the Sponsor’s Tuition Fee payment.

5. Refunds


    5.1. Refunds before enrolment

    5.1.1. Right to cancel (Consumer Contracts Regulations 2013)

    (a) The contract is made between the applicant and Kaplan once the offer has been accepted (see section 2.4
    ‘Accepting the offer’ above) the Tuition Fee Deposit or providing a Financial Guarantee. If you change your mind,
    you have the right to cancel your Contract within 14 days (the “cooling off” period). The cancellation period ends
    14 days after the day on which the Contract is formed (i.e. 14 days after the Tuition Fee Deposit or Financial
    Guarantee have been received).

    (b) If an applicant exercises their right to cancel during this 14 day period, they can inform the University’s
    Admissions team of the decision to cancel the contract by email at pse@essex.ac.uk. Alternatively, they can
    complete a cancellation form (attached as Schedule 1 to this “PSE Terms and Conditions” document) and submit
    it to the University’s Admissions Team by email (pse@essex.ac.uk).

    (c) Following notification of the request to cancel within 14 days, the University’s Admissions Team will arrange for
    the applicant to receive a full refund of all amounts already paid, including the Tuition Fee Deposit and any Other
    Fees, less the cost of any services already performed by Kaplan before the end of the 14 day period, if applicable.
    The University’s Income Team will process the refund in line with the terms outlined in section 5.3: Payment of
    refunds.

    5.1.2. Cancellation of contract after the 14-day “cooling off” period (non-visa refusal)

    (a) If the applicant chooses to cancel the PSE contract before enrolment but after the 14 day “cooling off” period
    (see section 5.1.1) has passed, and does not enrol on either the PSE Programme or a University degree
    programme, then they must notify the University’s Admissions Team in writing by email (pse@essex.ac.uk).
    Following receipt of the applicant’s cancellation request, the University’s Admissions Team will arrange for the
    applicant to receive a refund of all amounts already paid (Tuition Fees and Other Fees), excluding the Tuition
    Fee Deposit which will be retained by the University as an administrative fee (except for in the situations outlined
    in section 5.1.3 Visa refusals and section 5.1.4 Extenuating circumstances). The University’s Income Team will
    process the refund in line with the terms outlined in section 5.3: Payment of refunds.

    (b) If the applicant chooses to cancel the PSE contract before enrolment but after the 14 day “cooling off” period
    (see section 5.1.1) has passed, and does not enrol on the PSE Programme but instead directly enrols on a Main
    Programme of Study , then they must notify the University’s Admissions Team in writing by email
    (pse@essex.ac.uk). Following receipt of the applicant’s cancellation request, the University’s Admissions Team
    will arrange for any Tuition Fees (including the Tuition Fee Deposit) already paid by the applicant in respect of
    the PSE Programme to be allocated towards the fees payable in respect of the Main Programme of Study.

    (c) If the applicant chooses to cancel the ASPP contract before enrolment but after the 14 day “cooling off” period
    (see section 5.1.1) has passed, and does not enrol on either the ASPP Programme or a University degree
    programme, then they must notify the University’s Admissions Team in writing by email (pse@essex.ac.uk).
    Following receipt of the applicant’s cancellation request, the University’s Admissions Team will arrange for the
    applicant to receive a refund of all amounts already paid (Tuition Fees and Other Fees), excluding the Tuition
    Fee Deposit which will be retained by the University as an administrative fee (except for in the situations outlined
    in section 5.1.3 Visa refusals and section 5.1.4 Extenuating circumstances). The University’s Income Team will
    process the refund in line with the terms outlined in section 5.3: Payment of refunds

    (d) For applicants required to pay the full ASPP main programme tuition fee deposit: £500 will be retained as an
    administrative fee. The balance of the ASPP tuition fee deposit will be refunded.

    (e) For all other applicants required to pay £250 deposit: the £250 deposit will be retained as an administrative fee.
    The balance of the ASPP tuition fee deposit will be refunded.

    5.1.3. Visa refusals

    (a) If the applicant is unable to meet UK visa entry requirements and has complied with sections 5.1.3(b) to (d)
    below, the applicant will be refunded the Tuition Fee Deposit and, if it has already been paid, the Tuition Fee.
    The refund will be processed in line with the terms outlined in section 5.3: Payment of refunds.

    (b) Applicants must provide an official refusal letter from the UK immigration authorities (UKVI) to the University’s
    Admissions Team to obtain a refund. Where a visa application is refused due to an avoidable act or omission
    by the applicant the following deposit-retention policy shall apply:

    i. PSE Applicants
    Applicants who are required to pay the full programme fee as their Tuition Fee Deposit shall have £1,000
    retained, with any remaining balance refunded.

    ii. ASPP Applicants
    Applicants who are required to pay the full main programme Tuition Fee Deposit shall have £2,000
    retained, with any remaining balance refunded.

    iii. All Other Applicants
    The standard deposit-retention policy shall apply, whereby £250 is retained and any remaining balance
    refunded.

    (c) All requests for refunds due to visa refusal must be submitted in writing to the University by email to
    pse@essex.ac.uk together with a copy of the visa refusal letter. Following receipt of the relevant documentation,
    the University’s Admissions Team will arrange for the applicant to receive a full refund of all amounts already
    paid by them, including the Tuition Fee Deposit. The University’s Income Team will process the refund in line
    with the terms outlined in section 5.3: Payment of refunds.

    (d) To minimize the risk of visa refusal, all applicants planning to study in the UK are strongly recommended to follow
    visa advice offered by education agents or official visa agencies in their home country and to seek advice from
    the University’s immigration advisers, if required. An applicant’s CAS will be issued by the College or the
    University subject to the applicant meeting the necessary requirements. However, all applicants should be aware
    that the final decision for the grant of any visa is made by the UK Home Office. Details of immigration
    responsibilities can be found on the UK Visas and Immigration website at: https://www.gov.uk/student-visa

    5.1.4. Extenuating circumstances before enrolment

    (a) If there are unanticipated and exceptional circumstances (e.g., a medical condition) which prevent the applicant
    from arriving to enrol on the PSE Programme and the applicant has complied with section 5.1.4(b) and (c) below,
    the applicant will be refunded the Tuition Fee Deposit and, if it has already been paid, the Tuition Fee. The refund
    will be processed in line with the terms outlined in section 5.3: Payment of refunds.

    (b) Applicants must provide appropriate documentary evidence of the extenuating circumstance (e.g. medical
    certificate) in order to obtain a refund.

    (c) All requests for refunds due to extenuating circumstances before enrolment must be submitted in writing to the
    University’s Admissions Team by email to pse@essex.ac.uk together with a copy of the documentary evidence
    of the extenuating circumstance. Following receipt of the relevant documentation, the University’s Admissions
    Team will arrange for the applicant to receive a full refund of all amounts already paid by them, including the
    Tuition Fee Deposit. The University’s Income Team will process the refund in line with the terms outlined in
    section
    5.3: Payment of refunds.

    5.1.5. Refunds if Kaplan was ultimately unable to deliver the PSE Programme

    Please refer to section 5.4: Refunds and Compensation – Student Protection Plan for further information.

    5.2. Refunds after enrolment

    5.2.1. General information

    (a) Once the Student has enrolled on the Programme, Tuition Fees and Other Fees are all non-refundable, except
    for in the circumstances outlined in section 5.2.2 and section 5.2.3 below.

    (b) Where a request for a refund after enrolment has been approved by the College, a fee of GBP 250 (“Refund
    Fee
    ”) shall be withheld from any refunds in excess of GBP 750, with the exception of refunds made in accordance
    with section 5.4: Refunds and Compensation. The Refund Fee reflects the cost of processing the refund.

    5.2.2. Refunds if Kaplan was ultimately unable to deliver the PSE Programme

    Please refer to section 5.4: Refunds and Compensation – Student Protection Plan for further information.
    5.2.3. Refunds where the Student returns to their home country due to extenuating circumstances
    (a) All requests for refunds due to extenuating circumstances after enrolment must be submitted in writing to the
    College by email to UEICcollegeservices@kaplan.com together with documentary evidence (e.g. a medical
    certificate) of the Student’s extenuating circumstance and a copy of the Student’s passport or other document
    proving their return to their home country.

    (b) If the refund request has been approved by the College, the College will calculate the refund amount on a pro
    rata basis for any remaining weeks of the course that have not been undertaken, less the Refund Fee (GBP
    250). The College will then notify the University’s Income Team that they have authorised a Tuition Fee refund
    for the Student and will confirm the total amount to be refunded. The University’s Income Team will then process
    the refund payment in line with the terms outlined in section 5.3: Payment of refunds. The college will also notify
    the University admissions team in order for the applicant record to be updated.


    5.2.4. Refunds requests which fall outside of the permitted reasons outlined in sections 5.2.2 and 5.2.3


    (a) All requests for refunds relating to Tuition Fees or Other Fees, after enrolment, which are not subject to the
    provisions of sections 5.2.2 and 5.2.3 above, shall be considered at the College’s discretion. All such requests
    should be submitted to the College in writing by email to UEICcollegeservices@kaplan.com, attaching the
    prescribed “refund request form” which is available upon request from the College.

    (b) If the refund request has been approved by the College, the College will calculate the refund amount on a pro
    rata basis for any remaining weeks of the course that have not been undertaken, less the Refund Fee (GBP
    250). The College will then notify the University’s Income Team that they have authorised a Tuition Fee refund
    for the Student and will confirm the total amount to be refunded. The University’s Income Team will then process
    the refund payment in line with the terms outlined in section 5.3: Payment of refunds. The college will also notify
    the University admissions team in order for the applicant record to be updated.

    (c) Refund requests must be submitted to the College within three calendar months from the Student’s date of
    leaving the College. Any requests received at a later date may not be considered.

    5.3. Payment of refunds

    5.3.1. General

    (a) Refund payments will be processed by the University’s Income Team as soon as possible following the approval
    of the refund request by the University’s Admissions Team (for refunds pre-enrolment) or the College (for refunds
    post-enrolment). Normally, a refund will be processed within four weeks. However, exact times may vary
    depending on the reason for the requested refund and the method by which original payment was made. The
    total amount to be refunded will depend on the nature of the refund request as outlined in section 5.1: Payment
    of refunds before enrolment and section 5.2: Payment of refunds after enrolment.

    (b) Refunds shall be processed in GBP to the originating bank account that the Student or the person paying on the
    Student’s behalf (e.g. Sponsor) used to make their original payment. The University will not issue a refund to
    any person other than the original payer.

    5.4. Refunds and Compensation – Student Protection Plan

    5.4.1 Kaplan has published a Student Protection Plan which explains how continuation and quality of study will
    be preserved for current and potential Students should a risk to their continued study arise. The Student
    Protection plan can be found at: www.kaplanpathways.com/how-to-apply/uk-universities/studentprotection-plan.

    5.4.2 This section 5.4 sets out the circumstances in which Kaplan will refund fees and provide compensation
    should it be necessary to invoke provisions under the Student Protection Plan where Kaplan is no longer
    able to preserve continuation of study either for a Student who has already enrolled onto a programme or
    for a Student who has accepted a place on a programme but is yet to enrol.

    5.4.3 If Kaplan plans to withdraw a programme or is forced to terminate a Programme due to unexpected
    circumstances, Kaplan will consult with any affected Student and will as a minimum:

    (a) Offer the Student advice and support to help them decide whether or not to transfer to an alternative suitable
    programme offered by Kaplan and assist with such transfer if applicable; and

    (b) Put in place a compensation plan relevant to the circumstances of the particular withdrawal or termination
    which will include provision for refunds of applicable fees and / or compensation in respect of additional costs
    reasonably incurred by the Student.

    5.4.4 The compensation plan referred to in clause 5..4.3(b) above will seek to ensure that any proposed refunds
    or compensation returns the Student to the position that they would have been in had the circumstances
    not occurred. The compensation plan may therefore include appropriate provision for the following, where
    applicable:

    (a) Refunds of Tuition Fees (including the Tuition Fee Deposit) and Other Fees;

    (b) Refunds of any appropriate losses incurred in relation to accommodation or maintenance costs (depending
    on the student’s individual circumstances);

    (c) Compensation for additional travel costs incurred by a Student affected by a change in location of the
    programme;

    (d) In exceptional circumstances, compensation may also be paid for additional tuition costs incurred by a
    Student transferring to another programme or for lost time.

    6. Withdrawal from the programme

    6.1 In the event that the Student withdraws from the PSE Programme, the Student shall notify the relevant College
    Director in writing. Notice of withdrawal becomes effective once the College Director receives a copy of the notice.
    The College will then:

    6.1.1 In respect of Students that require a visa to study in the UK, immediately notify the University’s
    International Services Team where the University is the sponsor, so the University can notify the UK Home
    Office. Where the student is sponsored by Kaplan they will be responsible for reporting any withdrawals or
    transfers to the UK Home Office. The reporting to the UK Home Office must be made within 10 days of the
    change to the students status.

    6.1.2 Notify the University’s Partnerships Team and Student Records Team of the Student’s withdrawal so that
    the Student’s University student account can be closed down; and

    6.1.3 Notify the University’s Admissions Team of the Student’s withdrawal so they can process the Student’s
    application for a Main Programme of Study accordingly.

    6.2. In the event that the Student withdraws from the PSE Programme, the Student is no longer eligible to receive a
    Kaplan certificate of completion.

    Regulations, policies and procedures
    7.1. Immigration Law
    Applicants are responsible for ensuring they fully comply with the immigration laws of the United Kingdom (UK) when
    entering the UK for a Programme of study. In addition, in cases where Kaplan sponsors PSE Students (see Section
    3.2), a Student who requires a visa to study in the UK is also responsible for adhering to Kaplan’s UK Pathways
    Engagement and Attendance Policy regarding supporting Kaplan in its obligations as a Student Visa sponsor as well
    as maintaining their own immigration status. Furthermore, in cases where the University sponsors PSE Students
    (see Section 3.3), a Student who requires a visa to study in the UK is also responsible for adhering to the
    University’s Regulations Relating to Registration 5.22 to 5.34, and General Regulations 7.22 to 7.30 regarding
    supporting the University in its obligations as a Student Visa sponsor as well as maintaining their own immigration
    status.
    7.2 College and University policies and regulations
    7.2.1 The Student shall abide by all policies and regulations governing the College and all applicable policies and
    regulations governing the University including but not limited to, Kaplan’s “Electronic Device Student User
    Agreement” and “Behaviour” and “Accommodation” policies and standards and the University’s “IT
    Acceptable Use Policy,” “Library Regulations” and relevant sections of the “General Regulations”.
    (International Students should pay particular regard to their responsibilities for maintaining their own
    immigration status as well as supporting their immigration sponsor, either the University or the College, in its
    obligations to the Home Office.) All such policies and regulations are made available to the Student at
    enrolment or earlier upon request to the College or the University. The Student will formally agree to abide
    by all College and relevant University policies and regulations at the time of registration, via acceptance of
    the statement, outlining the requirement to adhere to College and relevant University policies and
    regulations, within the PSE Registration Form.
    7.2.2 If a Student wishes to provide suggestions, feedback or complaints about Kaplan’s services, a form is
    available at the following link: www.kaplanpathways.com/feedback.
    7.3 Attendance and absence
    7.3.1 The Student shall be expected to attend all classes relating to the Programme, and must do so in-person
    where this is available. Consequences of non-attendance can result in any disciplinary action including
    Kaplan and/or the College terminating the Student’s enrolment in the PSE Programme as detailed in the
    attendance policy of the College made available at enrolment or earlier upon request to the College.
    7.3.2 Any classes scheduled to fall on a UK public holiday shall be postponed, and the Student shall not be
    required to attend classes on such days.
    9
    7.3.3 In the event of any period of unauthorised absence from the PSE Programme, the Student shall not be
    permitted any extension to complete the PSE Programme and shall not be eligible for any refund of Tuition
    or Other Fees for the period of such absence.
    7.3.4 Any time off taken outside of the set PSE Programme vacation breaks shall be noted as periods of absence.
    Should the Student require time off in extenuating circumstances, the Student shall submit a request in
    writing to the College.
    7.3.5 As Student Visa sponsors of students in the UK, the University and Kaplan are required to make a report to
    the Home Office if a Student who they have sponsored fails to meet the Home Office expectations as outlined
    in the UKVI Sponsor Guidance. In support of this compliance obligation:
    (a) in the case of University-sponsored PSE Programme Students, the College will provide attendance lists of all
    Sponsored Students to the University’s International Services team on a weekly basis. Where the College
    proposes to take action against a Student for non-attendance the International Services Team must be notified
    as soon as is practicably possible;
    (b) in the case of Kaplan-sponsored PSE Programme Students, the Student shall be expected to attend all classes
    relating to the PSE Programme. Consequences of non-attendance can result in any disciplinary action including
    Kaplan and/or the College terminating the Student’s enrolment in the PSE Programme as detailed in the
    attendance policy of the College made available at enrolment or earlier upon request to the College.
    7.4 Enrolment and late arrivals
    7.4.1 The Student shall arrive at the College on the enrolment date detailed in the Offer Letter.
    7.4.2 A Student must have a current passport and, if required, a valid Student Visa allowing study in the UK to
    complete enrolment. Kaplan will check and take a copy of the Student’s passport and visa at enrolment as
    part of the completion of the required enrolment procedures and, for Kaplan-sponsored PSE Students, in
    order to meet their compliance requirements under Appendix D of the Immigration Rules. For Universitysponsored PSE Programme Students, the University’s International Services Team will take additional
    copies of the immigration documents of Students from outside the UK in order to meet their compliance
    requirements under Appendix D of the Immigration Rules.
    7.4.3 Should the Student wish to delay arrival or postpone the enrolment date, the Student may make such a
    request to the University by emailing pse@essex.ac.uk which shall be considered at the University’s
    discretion in conjunction with the College.
    7.5. Programme changes
    7.5.1 Other than in extenuating circumstances, and at the absolute discretion of the College, or in accordance with
    section 4.4 (Refunds and Compensation – Student Protection Plan) above, the Student shall not have the
    right to change the PSE Programme to another programme of study after having enrolled at the College.
    Changes to the programme of study may be requested before this time but should be made in writing to the
    University Admissions Team at pse@essex.ac.uk . Consideration of such requests will be made in line with
    the new programme’s entrance requirements and dependent upon sufficient time remaining before the
    commencement of the new programme.
    7.5.2 If a Student is exceptionally allowed to change to another programme of study the University’s International
    Services Team must be consulted in advance of any change being agreed. Students must study on the
    course for which their CAS was issued so if a course change is agreed they may need to apply for a new
    Student Visa and will require specialist immigration advice as part of the process.
    7.5.3 Kaplan and/or the College reserves the right to make minor changes to a programme or these terms and
    conditions to reflect changes in relevant laws and regulatory requirements or to implement technical
    adjustments and improvements.
    7.6 Academic progression
    7.6.1 The Student shall be required to meet all academic, attendance and English language proficiency
    requirements set by the University, Kaplan and the College in order to progress from the Programme to the
    Main Programme of Study. Students will be made aware of these requirements upon enrolment at the
    College.
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    7.6.2 Kaplan may send reports regarding the academic progression, attendance, and student support of
    undergraduate Students to their parents and / or guardian, Agent and/or Sponsor.
    7.6.3 Those Students who do not meet the academic, attendance, English language proficiency requirements for
    progression from the PSE Programme to the Main Programme of Study, as set by the University, Kaplan or
    the College or UK immigration requirements, may be removed from the PSE Programme without eligibility
    for a refund or, at the University, Kaplan or the College’s discretion, may be offered a place on another
    programme; either a Kaplan pathways programme or an alternative course at the University.
    7.6.4 In the event that the Student is due to progress to the University following successful completion of the
    Programme, a failure by the Student to meet the academic, attendance and/or English language proficiency
    requirements for progression or a failure to be deemed credible by the University to meet UK immigration
    requirements shall mean the Student is unable to progress.
    7.6.5 If the Student successfully graduates from the College and completes enrolment onto another programme
    at the University, these terms and conditions will cease to apply to the Student. The Student will be subject
    to the University’s terms and conditions (as outlined in the Student Contract document) and policies
    applicable for that programme.
    7.6.6 The University will carry out a tuition fee assessment for the fees which will be applicable to the Student after
    they progress to the University. The outcome of any final assessment of the applicable University tuition fees
    may differ from any initial assessment due to changes in a Student’s circumstances or changes in the
    evidence provided by the Student in support of the University fees assessment.
    7.7 Students under the age of 18
    7.7.1 Students aged sixteen or seventeen years on the date of College enrolment are required to live in
    accommodation approved by either Kaplan or a parent or legal guardian based in the UK; provide
    custodianship documents; and use the Airport Transfer Service.
    7.7.2 Students that need a Student visa to study in the UK will need to provide a parent or guardian’s consent for
    the visa application if they are not 18 at the point that their CAS is issued.
    7.7.3 In the UK it is illegal for those under 18 years of age to buy alcohol, or for anyone else to sell alcohol to
    someone who is under 18. If Students are under 18, they must not drink alcohol in the bars on campus and
    may not be permitted to enter some licensed venues or events.
    7.8 Health declaration
    7.8.1 Students are required to disclose on their application for their intended Main Programme of Study any
    disability, mental health condition, impairment or long-term health condition that may affect their ability to
    successfully complete their programme, impact the health and wellbeing of other students or staff members,
    require special accommodation, monitoring, treatment or emergency intervention of any kind during the
    duration of their studies on the Programme and on their Main Programme of Study. The University’s
    Admissions Team will notify the College of any Students who have disclosed any disability, mental health
    condition, impairment or long-term health condition in line with the University’s Student Privacy Notice. This
    information will not be used by Kaplan to make an admissions decision. It will only be used to inform decisionmaking in cases where it was necessary to implement reasonable adjustments to support the Student in
    their studies on the PSE Programme at the College.
    7.8.2 Kaplan or the University reserves the right to reject an application or terminate the Student’s enrolment in
    the programme if the Student’s continued participation represents a risk to their health and safety or to the
    health and safety of others, or if, notwithstanding reasonable adjustments, in the opinion of the College or
    University, the Student’s physical or mental condition makes the Student unable or unlikely to complete their
    programme successfully. Such decisions would be made in line with Kaplan’s Disability Policy and the
    Equality Act 2010.
    7.9 Termination or suspension of studies
    Any Student who commits a criminal or civil offence, provides false qualifications or other fraudulent documentation,
    violates the Student conduct code or College or University policy, has their academic attendance fall below the
    requirements of the UK Home Office or fails to pay an amount that he or she is directly or indirectly liable to pay the
    University in order to undertake the PSE Programme, may have their studies terminated or suspended. No refund will
    be given in these circumstances and if the Student is sponsored by the University, the University will inform the UK
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    Home Office that it is withdrawing immigration sponsorship and, if the Student is sponsored by Kaplan, Kaplan will
    inform the UK Home Office that it is withdrawing immigration sponsorship.