Immigration News and Updates December 2010
UK
Tier 4 Consultation
The Home Secretary has announced that a consultation will be launched before the end of the year focusing on Tier 4 of the points-based system. The government stated that it is aiming to stamp out abuse while continuing to attract the top students to UK top universities.
The consultation, which will run for 8 weeks, will seek views on a range of measures to reduce the number of students that can come into the UK, such as:
• for adult students, focusing Tier 4 on higher-level courses and those offered by Highly Trusted sponsors;
• introducing tougher entry criteria such as English language competence;
• ensuring that students wishing to extend their studies show evidence of academic progression;
• limiting the student's entitlements to work and sponsor dependants; and
• improving the accreditation process for education providers, alongside more rigorous inspections.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/oral-statement-imm-limit.pdf
New annual limit for Tier 1 and Tier 2 visa applications
Changes were announced on 23 November 2010 by the Home Secretary concerning Tier 1 and 2, which apply to highly skilled workers and skilled workers with a job offer. The changes in respect to Tier 1 comprise:
• Tier 1 General route will be closed
• Tier 1 Entrepreneur and Tier 1 Investor routes will be reformed but will not be subject to a numerical cap.
• a Tier 1 route for persons of exceptional talent will be introduced
Tier 2 General route will be subject to a numerical cap of 20,700 places for 2011/12. The cap will not apply, amongst others to in-country applications from those already in the UK or to the dependants of Tier 2 migrants. ;http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/35-t1-t2-annual-limits?utm_source=feedburner&utm_medium=email&utm_campaign=Feed:+ukborderagency+(UK+Border+Agency+latest+news)
Settlement
The Home Secretary has announced the government’s plan to reform settlement rules. This comprises
• A decision not to pursue the “earned citizenship” policy, which was planned to come into force in July 2011.
• Making it harder to move from temporary residence to permanent settlement
• Ensure that studying in Britain should not lead to settlement. This is likely to be based on reforms such as ending post-study work schemes and limits on student visas.
• Encourage more entrepreneurs and investors to come to Britain.
From April 2011:
• There will be a new criminality threshold, requiring all applicants applying for settlement to be clear of unspent convictions.
• Skilled and highly skilled migrants will need to meet the salary criteria that applied when they last extended their permission to stay.
• All migrants in an economic route will be required to pass the 'Life in the UK' test prior to gaining settlement.
For those entering in an economic route after April 2011:
• Those who do not pass the 'Life in the UK Test' will have their application for settlement refused and they will be required to leave the UK.
• The UKBA will remove the ability for new entrants in the Intra Company Transfer route to extend their leave beyond five years.
New criteria for Tier 2 additional requests of sponsorship.
The criteria applied to Tier 2 sponsors’ requests for additional certificates of sponsorship have been “refined”. This has been done to give sponsors greater certainty that their requests will be approved if they refer to an extension for a work permit holder or Tier 2 (general) worker already employed by a sponsor. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/nov/01-additional-cos
New guidance for employers on preventing illegal working
The UKBA has published a new guidance for employers on preventing illegal working, updating the original document published in February 2008. It includes various changes such as confirmation that employers can accept evidence of status in expired passports and travel documents and two new appendices which refer to employing asylum seekers, refugees and students.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/currentguidanceandcodes/comprehensiveguidancefeb08.pdf?view=Binary
MPs say that immigration cap “may not work”
The coalition government has promised to halve net migration – the difference between the numbers of people arriving to the UK and the number of people leaving the UK. The Home Office introduced a monthly limit for work visas for non EU citizens which will be followed by permanent measures starting April 2011. According to the Commons Home Affairs Committee, this would only affect 1 to 20% of the total number of immigrants. Labour MP Keith Vaz stated that the system should be flexible in order to allow academics, scientists and business men to come to the UK. He went on saying that other categories of migrants, such as family reunion and international students should be tackled, not highly skilled workers.
http://www.bbc.co.uk/news/uk-politics-11679467
New immigration application fees from 22 November 2010
New application fees have been introduced following Parliamentary approval.
Application fees for Tier 4 (general and child) have increased to £650 for the main applicant if he/she is applying in person inside the UK. However, the fees have remained the same if the Tier 4 general applicant is applying by post in (£357) or outside (£220) the UK.
http://www.ukba.homeoffice.gov.uk/aboutus/fees/#
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/nov/65-new-fees
News from Abroad:
Australia
As a response to the downturn in international student enrolments, Australia has released the International Students Strategy. This report addresses four key areas: international student wellbeing, consumer protection, the quality of international education and the availability of better information for international students. Various practical measures are being introduced, such as the creation of an International Student Consultative Committee and a national community engagement which would ease and help the development of connections between international students and the community.
http://www.thegovmonitor.com/education_and_skills/australia-releases-international-students-strategy-41866.html
More than one in three of the total of 212,000 international students in Australia come from China, compared to one in ten from India. These two markets average 46% of the total of international students. Last year, 70,000 Chinese students were studying in Australia, compared to 21,000 Indian nationals. However, it is predicted that 2011 enrolments of Chinese students will drop by 40%. The reasons which have contributed to the downturn in student enrolments are the strong Australian dollar, competition from other countries and tougher immigration rules. http://www.universityworldnews.com/article.php?story=20101105222423103
New Zealand
Grant Robertson, Labour’s Tertiary Education stated that the education sector needs regulation in order to ensure high quality of education which would benefit students, families and future employers. He went on to say "We want to work with the Government to strengthen their proposals to make sure that all students in New Zealand are doing quality courses delivered by reputable institutions."
http://www.voxy.co.nz/politics/robertson-new-zealand039s-education-reputation-needs-protection/5/72555
Germany
The German Academic Exchange Service (DAAD) said that foreign students could help Germany to cope with the shortage of skilled labour. According to the German Chamber of industry and Commerce (DIHT), German companies lack around 400,000 skilled employees. "Recruiting foreign students appears to be the ideal way to boost Germany's skilled labour force," stated DAAD President Sabine Kunst.
Around one in three international foreign students graduating from German universities stay in Germany.
http://www.universityworldnews.com/article.php?story=20101120090742261
Veristat Services
For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services.
Sunday, 31 October 2010
Immigration News and Updates: November 2010
The UK
Spending Review
Government cuts announced in the Spending Review will mean that the UKBA’s budget will be reduced by 20% over the next four years. The Home Office has said that the cuts will be met by reducing support costs in the UK Border Agency and improving productivity and value for money from commercial suppliers. The agency will also invest in new technologies to secure the border and control migration at a lower cost. An increasing proportion of the costs of controlling immigration and securing the border will be met by migrants and visitors to the UK. By taking these measures, the agency will save around £500m.
Linked to this, the Ministry of Justice has stated that migrants and asylum seekers will have to pay for appeals against decisions made over their cases, whether or not they are successful. The Ministry of Justice said that last year it cost £115m to run the immigration appeals system. Fees will apply to appeals against decisions refusing someone leave to remain, leave to enter, or vary their current leave to remain in the UK. Fees are expected to range between £60 and £250 dependent on the type of appeal. Some people may be excluded from paying the fees, including those who qualify for legal aid, those who are receiving asylum support and applicants who are in the asylum “detained fast track process”. The Joint Council for the Welfare of Migrants has argued that migrants already contribute through application fees. The Home Office said that the UK Border Agency accumulated £750m a year from people applying for visas to visit, work, study or settle in the UK. Currently, the immigration and asylum tribunals system does not charge an appeal fee. Costs are met by the taxpayer, via the Ministry of Justice.
http://www.bbc.co.uk/news/uk-11598677
Colleges protest over Ministers comments on further education
Comments by the immigration minister, Damian Green, that international students applying for further education (FE) courses “may, or frankly may not be the brightest and the best” have triggered protests from principals of the UK’s larger colleges. They claim that the minister should update his knowledge of what FE is all about. Green’s remarks have caused concern that vocationally orientated international students will be discriminated against.
Bradford College’s principal, Michele Sutton, said "We don't think students get a lesser experience or a lesser qualification – and we don't believe they're worse quality students. We've had students who've gone on to make a massive impact, not just on their families and communities but also on the wider world."
http://www.guardian.co.uk/education/2010/oct/04/visa-international-students-foreign-colleges
Immigration cap may harm UK research
Nicola Dandridge, Chief Executive of Universities UK has warned that the UK immigration cap being proposed by the Coalition Government will seriously affect the recruitment of highly skilled staff to UK universities and in turn, the provision of courses for UK students. Overseas competitors are watching and will be ready to attract international staff and students deterred by negative perceptions of the UK visa system. Over 10% of academic staff at universities are non-EU nationals
http://www.guardian.co.uk/education/2010/oct/12/universities-rely-on-international-staff
Tier 1 under threat?
A study published by the UK Border Agency reveals that around a third of the Tier 1 people sampled are being employed in lower skilled jobs. In what sounds like a threat to the continuation of the current Tier 1 schemes, Immigration Minister Damian Green said:
'While it is important that low-skilled jobs are filled, there are hundreds of thousands of British people who could be doing them instead of a migrant.
'Those coming into the UK under the highly skilled migrant route should only be able to do highly skilled jobs - it should not be used as a means to enter the low-skilled jobs market.
'Investors and entrepreneurs aside, this report questions the value of this route into the UK, and the findings will play a key part in discussions on how the annual limit will be shaped.'
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/pbs-tier-1/pbs-ter-1/pbs-tier-1.pdf?view=Binary
New interactive forms for in-country applications
A new service for in-country applications has been recently launched by the UK Border Agency. The process represents first steps towards providing for online applications but for Tier 4, it only allows for the appropriate form to be identified, downloaded, completed and submitted as at present.
http://apply.ukba.homeoffice.gov.uk/popup/popup.portal?_nfpb=true&_pageLabel=howToIntelligent&
Renewal of annual allocations of Tier 2 Certificates of Sponsorship (CoS)
Sponsors should respond to reminders from the UKBA concerning the renewal of their annual allocation even though they will not receive an allocation whilst the interim limit is in place. Failure to submit a renewal request may cause the Tier 2 part of the sponsor licence to become inactive.
News from abroad
China plans to rival the West.
Beijing’s Peking University has embarked on a programme which has already brought a new, two-wing teaching hospital, an economics faculty, a centre for Executive MBAs and an English language school as part of a long term plan to rival the world’s top universities.
"China - unlike Britain, perhaps - understands that investing in top-quality university education is essential for its future economic development," said Yojana Sharma, Asia editor of University World News.
The Ministry of Education has stated that he wants to double the number of foreign students to 150,000 by 2010, transforming China into the largest provider of education to international students in Asia. A report by the British Council’s International Education Intelligence Unit identified China as a “competitive threat to the UK”. Even if China’s emergence as a university superpower is still 10-20 years away, the gap is narrowing year by year.
http://www.montrealgazette.com/news/ULTIMATE+UNIV+BRAIN+DRAIN/3712991/story.html
Australia’s plan to attract foreign students
As a result to a considerable fall in international student numbers, vice chancellors are calling for a special student visa and proposing that foreign students should be taken out of the immigration statistics.
The Australian international student market has been affected by bad publicity from attacks on Indian students, the high Australian dollar and competition from the US and the UK.
The new visa would allow foreign students to stay in Australia during their degree plus two or three years’ work experience in a related filed. This aims to depoliticise the debate by dissociating study from migration. An interesting approach in the light of the current debate about students and migrant numbers in the UK.
http://www.theaustralian.com.au/higher-education/vice-chancellors-call-for-student-visas/story-e6frgcjx-1225940876697
New TOEFL Junior Test for Younger Students
Students aged 11 to 14 years who are studying English as a foreign language now take Educational Testing Service’s (ETS) TOEFL Junior Test, a global assessment of middle school-level English language proficiency. The test contains three sections: Listening Comprehension, Reading Comprehension and Language Form and Meaning.
http://frontierindia.net/now-toefl-junior-test-to-guide-english-learning-for-younger-students
Veristat Services
For support in complying with UKBA requirements see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services.
Spending Review
Government cuts announced in the Spending Review will mean that the UKBA’s budget will be reduced by 20% over the next four years. The Home Office has said that the cuts will be met by reducing support costs in the UK Border Agency and improving productivity and value for money from commercial suppliers. The agency will also invest in new technologies to secure the border and control migration at a lower cost. An increasing proportion of the costs of controlling immigration and securing the border will be met by migrants and visitors to the UK. By taking these measures, the agency will save around £500m.
Linked to this, the Ministry of Justice has stated that migrants and asylum seekers will have to pay for appeals against decisions made over their cases, whether or not they are successful. The Ministry of Justice said that last year it cost £115m to run the immigration appeals system. Fees will apply to appeals against decisions refusing someone leave to remain, leave to enter, or vary their current leave to remain in the UK. Fees are expected to range between £60 and £250 dependent on the type of appeal. Some people may be excluded from paying the fees, including those who qualify for legal aid, those who are receiving asylum support and applicants who are in the asylum “detained fast track process”. The Joint Council for the Welfare of Migrants has argued that migrants already contribute through application fees. The Home Office said that the UK Border Agency accumulated £750m a year from people applying for visas to visit, work, study or settle in the UK. Currently, the immigration and asylum tribunals system does not charge an appeal fee. Costs are met by the taxpayer, via the Ministry of Justice.
http://www.bbc.co.uk/news/uk-11598677
Colleges protest over Ministers comments on further education
Comments by the immigration minister, Damian Green, that international students applying for further education (FE) courses “may, or frankly may not be the brightest and the best” have triggered protests from principals of the UK’s larger colleges. They claim that the minister should update his knowledge of what FE is all about. Green’s remarks have caused concern that vocationally orientated international students will be discriminated against.
Bradford College’s principal, Michele Sutton, said "We don't think students get a lesser experience or a lesser qualification – and we don't believe they're worse quality students. We've had students who've gone on to make a massive impact, not just on their families and communities but also on the wider world."
http://www.guardian.co.uk/education/2010/oct/04/visa-international-students-foreign-colleges
Immigration cap may harm UK research
Nicola Dandridge, Chief Executive of Universities UK has warned that the UK immigration cap being proposed by the Coalition Government will seriously affect the recruitment of highly skilled staff to UK universities and in turn, the provision of courses for UK students. Overseas competitors are watching and will be ready to attract international staff and students deterred by negative perceptions of the UK visa system. Over 10% of academic staff at universities are non-EU nationals
http://www.guardian.co.uk/education/2010/oct/12/universities-rely-on-international-staff
Tier 1 under threat?
A study published by the UK Border Agency reveals that around a third of the Tier 1 people sampled are being employed in lower skilled jobs. In what sounds like a threat to the continuation of the current Tier 1 schemes, Immigration Minister Damian Green said:
'While it is important that low-skilled jobs are filled, there are hundreds of thousands of British people who could be doing them instead of a migrant.
'Those coming into the UK under the highly skilled migrant route should only be able to do highly skilled jobs - it should not be used as a means to enter the low-skilled jobs market.
'Investors and entrepreneurs aside, this report questions the value of this route into the UK, and the findings will play a key part in discussions on how the annual limit will be shaped.'
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/pbs-tier-1/pbs-ter-1/pbs-tier-1.pdf?view=Binary
New interactive forms for in-country applications
A new service for in-country applications has been recently launched by the UK Border Agency. The process represents first steps towards providing for online applications but for Tier 4, it only allows for the appropriate form to be identified, downloaded, completed and submitted as at present.
http://apply.ukba.homeoffice.gov.uk/popup/popup.portal?_nfpb=true&_pageLabel=howToIntelligent&
Renewal of annual allocations of Tier 2 Certificates of Sponsorship (CoS)
Sponsors should respond to reminders from the UKBA concerning the renewal of their annual allocation even though they will not receive an allocation whilst the interim limit is in place. Failure to submit a renewal request may cause the Tier 2 part of the sponsor licence to become inactive.
News from abroad
China plans to rival the West.
Beijing’s Peking University has embarked on a programme which has already brought a new, two-wing teaching hospital, an economics faculty, a centre for Executive MBAs and an English language school as part of a long term plan to rival the world’s top universities.
"China - unlike Britain, perhaps - understands that investing in top-quality university education is essential for its future economic development," said Yojana Sharma, Asia editor of University World News.
The Ministry of Education has stated that he wants to double the number of foreign students to 150,000 by 2010, transforming China into the largest provider of education to international students in Asia. A report by the British Council’s International Education Intelligence Unit identified China as a “competitive threat to the UK”. Even if China’s emergence as a university superpower is still 10-20 years away, the gap is narrowing year by year.
http://www.montrealgazette.com/news/ULTIMATE+UNIV+BRAIN+DRAIN/3712991/story.html
Australia’s plan to attract foreign students
As a result to a considerable fall in international student numbers, vice chancellors are calling for a special student visa and proposing that foreign students should be taken out of the immigration statistics.
The Australian international student market has been affected by bad publicity from attacks on Indian students, the high Australian dollar and competition from the US and the UK.
The new visa would allow foreign students to stay in Australia during their degree plus two or three years’ work experience in a related filed. This aims to depoliticise the debate by dissociating study from migration. An interesting approach in the light of the current debate about students and migrant numbers in the UK.
http://www.theaustralian.com.au/higher-education/vice-chancellors-call-for-student-visas/story-e6frgcjx-1225940876697
New TOEFL Junior Test for Younger Students
Students aged 11 to 14 years who are studying English as a foreign language now take Educational Testing Service’s (ETS) TOEFL Junior Test, a global assessment of middle school-level English language proficiency. The test contains three sections: Listening Comprehension, Reading Comprehension and Language Form and Meaning.
http://frontierindia.net/now-toefl-junior-test-to-guide-english-learning-for-younger-students
Veristat Services
For support in complying with UKBA requirements see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services.
Monday, 4 October 2010
Immigration Notes October 2010
Cancelling existing leave overseas
The UKBA announced on 16 September 2010 that Tier 4 students who still have leave to remain within the UK in their passport can now make a new application for a UK visa from outside the UK.
The Tier 4 policy guidance currently states that if a student wants to study with a new Tier 4 sponsor before the existing visa has either expired or been curtailed, they must make their new application in the United Kingdom. If a student makes a new application from outside the United Kingdom it will be refused.
However, students with existing visas will now be able to make applications from outside the United Kingdom. http://www.ukvisas.gov.uk/en/aboutus/newsroom/?view=News&id=22872220
Fees
New fees for immigration applications were announced on 9 September and introduced on 1 Ocober 2010. A table showing the new fees can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/fees-table-Oct-10.pdf
In line with the new fees, UKBA has also published new versions of the following application forms and guidance:
• NTL form and guide (If your resident permit gives you permission to settle permanently in the UK (indefinite leave to remain), and you want to transfer it to a new passport, you must apply for a 'no time limit' (NTL) stamp using form NTL.
• TOC form and guide (If your resident permit gives you temporary permission to live in the UK (limited leave to remain) and you want to transfer it to a new passport, you must apply for a 'transfer of conditions' (TOC) stamp using form TOC.)
• Tier 5 (Temporary worker) form
• PBS Dependant form
• Tier 4 (Help text leaflet form) (G)
Revised Sponsor Guidance
Revised Sponsor Guidance for applications under Tiers 2, 4 and 5 has been introduced from 1 October 2010. The revised Tier 2 Guidance covers the introduction of the interim limit for the issue of Certificates of Sponsorship. Copies of the revised documents can be downloaded from the UKBA website via the following link http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/
Immigration Minister’s Speech and Comments
The Immigration Minister, Damian Green delivered a speech on 6 September 2010 at the Royal Commonwealth Society following the publication of new Home Office research called The Migrant Journey. The research is an analysis of the current routes into the UK and the different ways that migrants are able to reach settlement providing evidence about the routes migrants use to enter and remain in the UK, indications of how long they stay and when they leave. The research looks at the cases granted settlement in 2009 and looks backward through their immigration history to see why they came here in the first place, and what changes to their status they subsequently went through before deciding to settle here permanently http://rds.homeoffice.gov.uk/rds/pdfs10/horr43c.pdf
The largest group of cases in the study granted visas in 2004 were to students, around 186,000, of whom more than a fifth were still in the UK after five years. Whilst accepting that the system has changed since 2004 and that it would be inappropriate to extrapolate directly, the Minister expressed concern about the effect on net migration if a similar proportion of students from other cohorts remained in the UK. In the 12 months to June 2010 the figure for long term students coming to the UK was almost 288,000 rising to over 320,000 once you include their dependants.
Whilst the Minister inevitably stated that he wanted to encourage legitimate students to universities, he also referred to having a system which “scrutinises” effectively, allows action to be taken against those who seek to remain in the UK long term and ensures that institutions play by the rules. The focus on universities and reference in the speech to having to decide whether it was “right” that the UK should be bringing more than ninety thousand people into Britain every year to do courses below degree level at private institutions has been interpreted as suggesting that action will be taken against further education colleges. This was also the view that emerged from a BBC interview conducted by the Minister on the same day in which he referred to looking hard at students doing courses that may not be of benefit to themselves or the UK http://www.bbc.co.uk/news/uk-politics-11197156
There has been considerable debate about what all of this means. At the more extreme end there has been speculation, particularly in India, that Level 4 and Level 5 courses will no longer be available to international students and that this is evidenced by the delays currently being experienced in students applying for such courses. Looking back to what happened earlier in the year with regard to Level 3 courses, others have suggested that colleges offering Level 4 and 5 courses may in future require HTS status; and restrictions will be imposed on students switching to other categories and will no longer be allowed to bring in their dependants. All of this is, however, no more than speculation. All that we know at present is that there is a review of Tier 4 and that we can expect there to be some changes. The normal pattern is for policy changes to be announced mid October/November after the Party conference season.
Veristat Services
For support in complying with UKBA requirements see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services.
The UKBA announced on 16 September 2010 that Tier 4 students who still have leave to remain within the UK in their passport can now make a new application for a UK visa from outside the UK.
The Tier 4 policy guidance currently states that if a student wants to study with a new Tier 4 sponsor before the existing visa has either expired or been curtailed, they must make their new application in the United Kingdom. If a student makes a new application from outside the United Kingdom it will be refused.
However, students with existing visas will now be able to make applications from outside the United Kingdom. http://www.ukvisas.gov.uk/en/aboutus/newsroom/?view=News&id=22872220
Fees
New fees for immigration applications were announced on 9 September and introduced on 1 Ocober 2010. A table showing the new fees can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/fees-table-Oct-10.pdf
In line with the new fees, UKBA has also published new versions of the following application forms and guidance:
• NTL form and guide (If your resident permit gives you permission to settle permanently in the UK (indefinite leave to remain), and you want to transfer it to a new passport, you must apply for a 'no time limit' (NTL) stamp using form NTL.
• TOC form and guide (If your resident permit gives you temporary permission to live in the UK (limited leave to remain) and you want to transfer it to a new passport, you must apply for a 'transfer of conditions' (TOC) stamp using form TOC.)
• Tier 5 (Temporary worker) form
• PBS Dependant form
• Tier 4 (Help text leaflet form) (G)
Revised Sponsor Guidance
Revised Sponsor Guidance for applications under Tiers 2, 4 and 5 has been introduced from 1 October 2010. The revised Tier 2 Guidance covers the introduction of the interim limit for the issue of Certificates of Sponsorship. Copies of the revised documents can be downloaded from the UKBA website via the following link http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/
Immigration Minister’s Speech and Comments
The Immigration Minister, Damian Green delivered a speech on 6 September 2010 at the Royal Commonwealth Society following the publication of new Home Office research called The Migrant Journey. The research is an analysis of the current routes into the UK and the different ways that migrants are able to reach settlement providing evidence about the routes migrants use to enter and remain in the UK, indications of how long they stay and when they leave. The research looks at the cases granted settlement in 2009 and looks backward through their immigration history to see why they came here in the first place, and what changes to their status they subsequently went through before deciding to settle here permanently http://rds.homeoffice.gov.uk/rds/pdfs10/horr43c.pdf
The largest group of cases in the study granted visas in 2004 were to students, around 186,000, of whom more than a fifth were still in the UK after five years. Whilst accepting that the system has changed since 2004 and that it would be inappropriate to extrapolate directly, the Minister expressed concern about the effect on net migration if a similar proportion of students from other cohorts remained in the UK. In the 12 months to June 2010 the figure for long term students coming to the UK was almost 288,000 rising to over 320,000 once you include their dependants.
Whilst the Minister inevitably stated that he wanted to encourage legitimate students to universities, he also referred to having a system which “scrutinises” effectively, allows action to be taken against those who seek to remain in the UK long term and ensures that institutions play by the rules. The focus on universities and reference in the speech to having to decide whether it was “right” that the UK should be bringing more than ninety thousand people into Britain every year to do courses below degree level at private institutions has been interpreted as suggesting that action will be taken against further education colleges. This was also the view that emerged from a BBC interview conducted by the Minister on the same day in which he referred to looking hard at students doing courses that may not be of benefit to themselves or the UK http://www.bbc.co.uk/news/uk-politics-11197156
There has been considerable debate about what all of this means. At the more extreme end there has been speculation, particularly in India, that Level 4 and Level 5 courses will no longer be available to international students and that this is evidenced by the delays currently being experienced in students applying for such courses. Looking back to what happened earlier in the year with regard to Level 3 courses, others have suggested that colleges offering Level 4 and 5 courses may in future require HTS status; and restrictions will be imposed on students switching to other categories and will no longer be allowed to bring in their dependants. All of this is, however, no more than speculation. All that we know at present is that there is a review of Tier 4 and that we can expect there to be some changes. The normal pattern is for policy changes to be announced mid October/November after the Party conference season.
Veristat Services
For support in complying with UKBA requirements see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services.
Sunday, 29 August 2010
Immigration Notes September 2010
New forms
The UKBA introduced a new form for Tier 4 applicants on 23 July 2010 followed on 30 July 2010 by new forms for the following categories:
• Tier 1 (Entrepreneur)
• Tier 1 (Investor)
• Tier 1 (Post-study work)
• Tier 2 (all categories)
• Tier 4 (Child)
• Tier 5 (Temporary worker)
• dependants of points-based system applicants
• Change of circumstances
The main difference from previous versions is that the forms refer to biometric residence permits instead of identity cards for foreign nationals. This follows on from the coalition government’s plans to scrap ID cards. New guidance documents have also been produced.
Biometric residence Permits
As from the 13th of August 2010, the UKBA has changed their system so that any Biometric Residence Permit produced from that date will show the student’s CAS number rather than the sponsor’s licence number as has been the case in the past. We wait to see whether this linking of the student to the course rather than the college has any wider implications.
Specified English Tests
Universities UK, UKCISA and many individual colleges have raised with UKBA why UK qualifications such as IGCSEs are not accepted as evidence of English language ability. So far the UKBA has responded in neutral terms by stating that prospective general students will still need to take and pass the specified tests to the proscribed levels even if they have UK qualifications studied in English. They have, however, added that this will be considered further alongside other issues in Tier 4 review (see below).
Visa Issuing in China and North India
The UKBA has lifted the suspension at the three South China visa application centres (Guangzhou, Fuzhou and Shenshen) for Tier 4 student applications for all courses except English language courses. The suspension of Tier 4 visa issuing in North India has also been lifted with the exception of applications for English language courses made in North India, Nepal and Bangladesh. Informal feedback suggests that the Delhi centre is coping well with the inevitable pent up demand for the issue of visas.
Statistics
Home office statistics published on 26 August 2010 show the number of Tier 4 Students, pre-Points Based System (PBS) equivalent and student visitor visas issued was 362,015, an increase of 35 per cent compared with the year to 30 June 2009 (268,575). http://rds.homeoffice.gov.uk/rds/pdfs10/immiq210.pdf
The figures brought the inevitable comments about tightening up immigration controls with the Immigration Minister, Damian Green stating that a "thorough evaluation" would be conducted over the coming months because of what he called a "significant abuse" of the student visa system. Other commentators refer to the financial contribution made by international students to universities and the wider UK economy.
http://www.guardian.co.uk/politics/2010/aug/02/review-student-visas-numbers-leap-third
Reviews of Sponsor Ratings
Education providers should be aware that the latest version of the Tier 4 Sponsor Guidance (paragraphs 159-163) contains a section covering further reviews of A and B rated sponsors. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/guidancefrom31mar09/sponsor-app-guidance-t4.pdf?view=Binary
After a Standard (B rated) sponsor has held its licence for 6 months or after it has had an intake of students, (whichever is sooner), the UKBA will assess it against a further set of ratings criteria in addition to those applied when the licence was first granted. Should a sponsor not achieve the standards in just one or two areas, UKBA will decide whether this level of performance should result in an A (Trusted)-rating, a B (Sponsor)-rating or the withdrawal of a sponsor’s licence.
The additional ratings criteria set out minimum acceptable levels of performance. The criteria are similar to those applied to applications for Highly Trusted Sponsors (HTS) but with the criteria set at slightly more generous levels. For example, whereas HTS requires a maximum of 2% no shows, the tolerance for A rated sponsors is set at up to 4% and for B rated sponsors at between 4% and 6%. The Guidance also refers to the requirement for sponsors to follow UKBA good practice guidance which is expected to be published shortly.
All new sponsors who are granted a Standard Tier 4 licence on or after 6 April 2010 may be assessed against the additional ratings criteria after they have held their licence for six months, or after they have had an intake of students, whichever is sooner.
All sponsors who already hold a Tier 4 licence on 6 April 2010, but do not make an application for a Highly Trusted sponsor licence, may be assessed against the additional ratings criteria from 6 October 2010 or after they have had an intake of students, whichever is sooner.
Towards the end of 2009 the UKBA conducted an exercise which requested data on the attendance of all students issued with visa letters and resulted in the suspension of hundreds of colleges. Against this background, education providers are advised to take early steps to review and where necessary seek to improve their performance against the UKBA criteria to guard against any similar exercise during 2010.
For support in complying with this requirement see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat continues to provide a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services.
The UKBA introduced a new form for Tier 4 applicants on 23 July 2010 followed on 30 July 2010 by new forms for the following categories:
• Tier 1 (Entrepreneur)
• Tier 1 (Investor)
• Tier 1 (Post-study work)
• Tier 2 (all categories)
• Tier 4 (Child)
• Tier 5 (Temporary worker)
• dependants of points-based system applicants
• Change of circumstances
The main difference from previous versions is that the forms refer to biometric residence permits instead of identity cards for foreign nationals. This follows on from the coalition government’s plans to scrap ID cards. New guidance documents have also been produced.
Biometric residence Permits
As from the 13th of August 2010, the UKBA has changed their system so that any Biometric Residence Permit produced from that date will show the student’s CAS number rather than the sponsor’s licence number as has been the case in the past. We wait to see whether this linking of the student to the course rather than the college has any wider implications.
Specified English Tests
Universities UK, UKCISA and many individual colleges have raised with UKBA why UK qualifications such as IGCSEs are not accepted as evidence of English language ability. So far the UKBA has responded in neutral terms by stating that prospective general students will still need to take and pass the specified tests to the proscribed levels even if they have UK qualifications studied in English. They have, however, added that this will be considered further alongside other issues in Tier 4 review (see below).
Visa Issuing in China and North India
The UKBA has lifted the suspension at the three South China visa application centres (Guangzhou, Fuzhou and Shenshen) for Tier 4 student applications for all courses except English language courses. The suspension of Tier 4 visa issuing in North India has also been lifted with the exception of applications for English language courses made in North India, Nepal and Bangladesh. Informal feedback suggests that the Delhi centre is coping well with the inevitable pent up demand for the issue of visas.
Statistics
Home office statistics published on 26 August 2010 show the number of Tier 4 Students, pre-Points Based System (PBS) equivalent and student visitor visas issued was 362,015, an increase of 35 per cent compared with the year to 30 June 2009 (268,575). http://rds.homeoffice.gov.uk/rds/pdfs10/immiq210.pdf
The figures brought the inevitable comments about tightening up immigration controls with the Immigration Minister, Damian Green stating that a "thorough evaluation" would be conducted over the coming months because of what he called a "significant abuse" of the student visa system. Other commentators refer to the financial contribution made by international students to universities and the wider UK economy.
http://www.guardian.co.uk/politics/2010/aug/02/review-student-visas-numbers-leap-third
Reviews of Sponsor Ratings
Education providers should be aware that the latest version of the Tier 4 Sponsor Guidance (paragraphs 159-163) contains a section covering further reviews of A and B rated sponsors. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/guidancefrom31mar09/sponsor-app-guidance-t4.pdf?view=Binary
After a Standard (B rated) sponsor has held its licence for 6 months or after it has had an intake of students, (whichever is sooner), the UKBA will assess it against a further set of ratings criteria in addition to those applied when the licence was first granted. Should a sponsor not achieve the standards in just one or two areas, UKBA will decide whether this level of performance should result in an A (Trusted)-rating, a B (Sponsor)-rating or the withdrawal of a sponsor’s licence.
The additional ratings criteria set out minimum acceptable levels of performance. The criteria are similar to those applied to applications for Highly Trusted Sponsors (HTS) but with the criteria set at slightly more generous levels. For example, whereas HTS requires a maximum of 2% no shows, the tolerance for A rated sponsors is set at up to 4% and for B rated sponsors at between 4% and 6%. The Guidance also refers to the requirement for sponsors to follow UKBA good practice guidance which is expected to be published shortly.
All new sponsors who are granted a Standard Tier 4 licence on or after 6 April 2010 may be assessed against the additional ratings criteria after they have held their licence for six months, or after they have had an intake of students, whichever is sooner.
All sponsors who already hold a Tier 4 licence on 6 April 2010, but do not make an application for a Highly Trusted sponsor licence, may be assessed against the additional ratings criteria from 6 October 2010 or after they have had an intake of students, whichever is sooner.
Towards the end of 2009 the UKBA conducted an exercise which requested data on the attendance of all students issued with visa letters and resulted in the suspension of hundreds of colleges. Against this background, education providers are advised to take early steps to review and where necessary seek to improve their performance against the UKBA criteria to guard against any similar exercise during 2010.
For support in complying with this requirement see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat continues to provide a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services.
Monday, 2 August 2010
Immigration notes August 2010
English Language requirements
English language requirements have been through some turbulent change since the beginning of July.
On 9 July, English UK won its case in the High Court against the last Home Secretary’s decision to raise the level of English which students must have before they can get a UK visa to learn the language here. This followed the UKBA decision implemented from 3rd March 2010 to raise from elementary to intermediate (from A1 to B1 on the CEFR) the standard of English required for students who wanted to take courses of longer than six months and who therefore needed a Tier 4 visa. English UK argued (and the judge agreed) that this was a “material” change in the eligibility requirements for the entry on non-EEA students and should have been made via a change in the Immigration Rules that are subject to scrutiny by Parliament rather than in a change to the guidance. As a result of the judgement, the required English language level for most visa students was therefore temporarily dropped to A1 on the CEFR.
However, on 22 July the Immigration Minister (Damian Green) made a written statement to Parliament stating that in the light of the court’s judgement, he was introducing into the Immigration Rules rather than the Guidance the minimum levels of courses that may be studied under Tier 4 (General) and re-introducing the minimum level for English language courses which was in place before the judgement was handed down. As a result, from 23 July 2010, the minimum level of English language course permitted under Tier 4 was restored to level B2 of the CEFR. The exemptions to the minimum level, which applied previously to government-sponsored language students and those undertaking a pre-sessional English language course before pursuing a degree course, remain in place. English UK are obviously extremely unhappy about this outcome and are pursuing the matter with Ministers and MPs.
In the same statement, the Minister also announced the introduction of a requirement that was proposed earlier in the year for some students studying below degree level to provide evidence of having passed a UK Border Agency –approved secure English language test at a minimum of B1 level on the CEFR. If a Tier 4 (General) student intends to study a course that is below NQF Level 6 (except a Foundation Degree or an English language course), using a CAS issued on or after 12 August 2010, their Tier 4 sponsor must ensure that they are competent in English language at a minimum of level B1 on the CEFR by showing that they:
• are from a majority English-speaking country
• have successfully completed a course as a Tier 4 (Child) student (or under the student rules that were in force before 31 March 2009, if they were granted permission to stay while they were under 18 years old) which lasted at least six months and ended no more than two years before the date when the CAS is assigned; or
• have passed an English language test with an approved test provider for Tier 4, and has achieved at least CEFR level B1 in all four components (reading, writing, speaking and listening). A list of the approved tests can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/approvedenglishtestst4.pdf
English language students will not have to prove their level through an approved test and sponsors teaching English language courses can still assess students by whichever means they wish, although students will still need to meet the B1 requirement. The method by which a student was assessed should be made clear on the CAS, and students will need to submit all documents that were used to assess their level.
Full details of the changes including lists of majority English speaking countries can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/Tier4migrantguidance1.pdf
Appeal against maintenance requirements
In another case (Panknina) where the UKBA had made a change to policy guidance rather than presenting the change to Parliament, the Court of Appeal held that applicants under Tier 1 (Post-Study Work), did not have to show that they had held the required funds for a period of three months. The UKBA has now amended the Immigration Rules so that, from 23 July 2010, the requirement to hold funds for a specified period is now in the Immigration Rules. However, as a result of the judgment, the UKBA is willing to review cases, including under Tier 4, where an application was refused solely because the applicant failed to meet the maintenance (funds) requirements, and who unsuccessfully applied from outside the UK between 23 June and 22 July 2010 inclusive; or from inside the UK (at a time when they had lawful status in the UK) on or before 22 July 2010. For further information on requesting a review of a refusal decision see http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/pbs-pol-guid-maintenance.pdf
Changing sponsors
Another change announced in the Minister’s statement of 22 July 2010 is that students on Tier 4 visas who want to change to a sponsor with a Highly Trusted Sponsor licence will be able to begin their new course of study – at their own risk – while they are waiting for the UKBA’s decision on their application to change sponsor. Again this is an unsurprising change as it had always seemed unlikely that the UKBA would be able to cope with the demand of processing applications to change college, often within the small window available between exam results and the start of a new term. The concession does not apply to students who wish to move to an A or B rated sponsor although the UKBA has said that it has put in place processes to prioritise these applications.
Lifting of Suspensions in North India
From 22 July 2010 the UKBA has lifted the suspension in Nepal and Bangladesh for applicants wishing to study a foundation degree, undergraduate and postgraduate courses, or SQA HND courses. They have also lifted the suspension on child students in India, Nepal and Bangladesh. On 12 August 2010 they will lift the general suspensions in North India, Nepal, and Bangladesh, except for students studying English language courses. The suspensions will remain in place for English language courses in North India, Nepal and Bangladesh but will be kept under review. All current suspensions will remain in place in Southern China.
Government Review of International Students
Reports in the media (Telegraph, Guardian, BBC and others 2nd August 2010) herald a new review of student admissions by the coalition government. The Immigration Minister Damian Green is quoted as saying :
"We are committed to attracting the brightest and the best to the UK, and welcome legitimate students coming here for study.
"However, in the past there has been significant abuse of the student route, and we need to ensure that every student who comes to the UK is genuine.
"I am undertaking a thorough evaluation of the student system over the coming weeks and months and I will introduce new measures to minimise abuse and tighten the system further" http://www.bbc.co.uk/news/uk-10834526
Intent interviews of prospective students
The UK Border Agency requires that education providers assess students’ intent and ability to follow the course. This is emphasised in UKBA good practice guidance and in guidance on applications for Highly Trusted status. The UKBA is also increasingly asking colleges to provide evidence of interviews to assess intent. Our sister company VisaGuard International provides support to colleges and universities by conducting these interviews on your behalf to provide an efficient and effective means of meeting this requirement. Contact us today by email or phone 0844 335 1619 for an informal discussion on how we can work with you in meeting this requirement or for further information see www.visaguard.co.uk
English language requirements have been through some turbulent change since the beginning of July.
On 9 July, English UK won its case in the High Court against the last Home Secretary’s decision to raise the level of English which students must have before they can get a UK visa to learn the language here. This followed the UKBA decision implemented from 3rd March 2010 to raise from elementary to intermediate (from A1 to B1 on the CEFR) the standard of English required for students who wanted to take courses of longer than six months and who therefore needed a Tier 4 visa. English UK argued (and the judge agreed) that this was a “material” change in the eligibility requirements for the entry on non-EEA students and should have been made via a change in the Immigration Rules that are subject to scrutiny by Parliament rather than in a change to the guidance. As a result of the judgement, the required English language level for most visa students was therefore temporarily dropped to A1 on the CEFR.
However, on 22 July the Immigration Minister (Damian Green) made a written statement to Parliament stating that in the light of the court’s judgement, he was introducing into the Immigration Rules rather than the Guidance the minimum levels of courses that may be studied under Tier 4 (General) and re-introducing the minimum level for English language courses which was in place before the judgement was handed down. As a result, from 23 July 2010, the minimum level of English language course permitted under Tier 4 was restored to level B2 of the CEFR. The exemptions to the minimum level, which applied previously to government-sponsored language students and those undertaking a pre-sessional English language course before pursuing a degree course, remain in place. English UK are obviously extremely unhappy about this outcome and are pursuing the matter with Ministers and MPs.
In the same statement, the Minister also announced the introduction of a requirement that was proposed earlier in the year for some students studying below degree level to provide evidence of having passed a UK Border Agency –approved secure English language test at a minimum of B1 level on the CEFR. If a Tier 4 (General) student intends to study a course that is below NQF Level 6 (except a Foundation Degree or an English language course), using a CAS issued on or after 12 August 2010, their Tier 4 sponsor must ensure that they are competent in English language at a minimum of level B1 on the CEFR by showing that they:
• are from a majority English-speaking country
• have successfully completed a course as a Tier 4 (Child) student (or under the student rules that were in force before 31 March 2009, if they were granted permission to stay while they were under 18 years old) which lasted at least six months and ended no more than two years before the date when the CAS is assigned; or
• have passed an English language test with an approved test provider for Tier 4, and has achieved at least CEFR level B1 in all four components (reading, writing, speaking and listening). A list of the approved tests can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/approvedenglishtestst4.pdf
English language students will not have to prove their level through an approved test and sponsors teaching English language courses can still assess students by whichever means they wish, although students will still need to meet the B1 requirement. The method by which a student was assessed should be made clear on the CAS, and students will need to submit all documents that were used to assess their level.
Full details of the changes including lists of majority English speaking countries can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/Tier4migrantguidance1.pdf
Appeal against maintenance requirements
In another case (Panknina) where the UKBA had made a change to policy guidance rather than presenting the change to Parliament, the Court of Appeal held that applicants under Tier 1 (Post-Study Work), did not have to show that they had held the required funds for a period of three months. The UKBA has now amended the Immigration Rules so that, from 23 July 2010, the requirement to hold funds for a specified period is now in the Immigration Rules. However, as a result of the judgment, the UKBA is willing to review cases, including under Tier 4, where an application was refused solely because the applicant failed to meet the maintenance (funds) requirements, and who unsuccessfully applied from outside the UK between 23 June and 22 July 2010 inclusive; or from inside the UK (at a time when they had lawful status in the UK) on or before 22 July 2010. For further information on requesting a review of a refusal decision see http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/pbs-pol-guid-maintenance.pdf
Changing sponsors
Another change announced in the Minister’s statement of 22 July 2010 is that students on Tier 4 visas who want to change to a sponsor with a Highly Trusted Sponsor licence will be able to begin their new course of study – at their own risk – while they are waiting for the UKBA’s decision on their application to change sponsor. Again this is an unsurprising change as it had always seemed unlikely that the UKBA would be able to cope with the demand of processing applications to change college, often within the small window available between exam results and the start of a new term. The concession does not apply to students who wish to move to an A or B rated sponsor although the UKBA has said that it has put in place processes to prioritise these applications.
Lifting of Suspensions in North India
From 22 July 2010 the UKBA has lifted the suspension in Nepal and Bangladesh for applicants wishing to study a foundation degree, undergraduate and postgraduate courses, or SQA HND courses. They have also lifted the suspension on child students in India, Nepal and Bangladesh. On 12 August 2010 they will lift the general suspensions in North India, Nepal, and Bangladesh, except for students studying English language courses. The suspensions will remain in place for English language courses in North India, Nepal and Bangladesh but will be kept under review. All current suspensions will remain in place in Southern China.
Government Review of International Students
Reports in the media (Telegraph, Guardian, BBC and others 2nd August 2010) herald a new review of student admissions by the coalition government. The Immigration Minister Damian Green is quoted as saying :
"We are committed to attracting the brightest and the best to the UK, and welcome legitimate students coming here for study.
"However, in the past there has been significant abuse of the student route, and we need to ensure that every student who comes to the UK is genuine.
"I am undertaking a thorough evaluation of the student system over the coming weeks and months and I will introduce new measures to minimise abuse and tighten the system further" http://www.bbc.co.uk/news/uk-10834526
Intent interviews of prospective students
The UK Border Agency requires that education providers assess students’ intent and ability to follow the course. This is emphasised in UKBA good practice guidance and in guidance on applications for Highly Trusted status. The UKBA is also increasingly asking colleges to provide evidence of interviews to assess intent. Our sister company VisaGuard International provides support to colleges and universities by conducting these interviews on your behalf to provide an efficient and effective means of meeting this requirement. Contact us today by email or phone 0844 335 1619 for an informal discussion on how we can work with you in meeting this requirement or for further information see www.visaguard.co.uk
Thursday, 3 June 2010
Immigration Notes June 2010
Government Plans for Immigration
References to immigration in the Queen’s Speech were limited to: “My government will limit the number of non-European Union economic migrants entering the United Kingdom and the detention of children for immigration purposes.
http://www.number10.gov.uk/queens-speech/2010/05/queens-speech-limits-on-non-eu-migration-50599
Further information is available in the new coalition government’s immigration plan which can be found at http://www.hmg.gov.uk
"The Government believes that immigration has enriched our culture and strengthened our economy, but that it must be controlled so that people have confidence in the system. We also recognise that to ensure cohesion and protect our public services, we need to introduce a cap on immigration and reduce the number of non-EU immigrants.
• We will introduce an annual limit on the number of non-EU economic migrants admitted into the UK to live and work. We will consider jointly the mechanism for implementing the limit.
• We will end the detention of children for immigration purposes.
• We will create a dedicated Border Police Force, as part of a refocused Serious Organised Crime Agency, to enhance national security, improve immigration controls and crack down on the trafficking of people, weapons and drugs. We will work with police forces to strengthen arrangements to deal with serious crime and other cross-boundary policing challenges, and extend collaboration between forces to deliver better value for money.
• We support E-borders and will reintroduce exit checks.
• We will apply transitional controls as a matter of course in the future for all new EU Member States.
• We will introduce new measures to minimise abuse of the immigration system, for example via student routes, and will tackle human trafficking as a priority.
• We will explore new ways to improve the current asylum system to speed up the processing of applications."
UKBA Policy Post Election
The UKBA continues to remain silent on any detailed policy or operational proposals and no further information is available on when the restrictions will be lifted for visa applicants in North India.
Following the election of the new government, the UKBA has also removed from its website all news stories published before April 2010 together with information about UKBA’s strategies and aims under the previous government. This content can, however, be viewed in the national archives which shows the UKBA website as it appeared at approximate 2 week intervals during 2009 and 2010. This is particularly useful for reference to previous guidance, for example guidance that was applicable at the time of a student’s arrival. http://webarchive.nationalarchives.gov.uk/20100503160445/http://www.ukba.homeoffice.gov.uk/
Identity Cards
The Government has announced that it intends to scrap the National Identity Card scheme within its first 100 days through one of the first pieces of legislation it places before Parliament. However, references are to British Citizens under the scheme. Identity Cards for Foreign Nationals (ICFN) were introduced in response to a European regulation relating to a revised format for residence permits which the then government chose to adopt as a starting point for a wider national scheme. It seems likely therefore that ICFN will continue despite the abandonment of the National ID Cards scheme.
Agents
The BBC reported (13th May 2010) that the British Council had for the first time brought together countries including the UK, the US, Australia, Canada, New Zealand and the Irish Republic to discuss “unscrupulous” agents assisting bogus students to come to the UK and other countries. http://news.bbc.co.uk/1/hi/education/10106279.stm
Whilst the vast majority of agents are legitimate, there is concern about a small minority providing falsified documents or otherwise coaching students to get around immigration requirements. The British Council is reported as saying that there needs to be an international approach to tackling fraud.
The BBC reported that Pat Killingley, the British Council's director of higher education, said how competitor countries need to work together. "We have common interests - we've all built up reputations for quality in higher education that we want to protect," Universities and colleges could not operate without agents, she said, and their role was likely to increase. As such, it was vital that the small proportion of dishonest agents were stopped. Countries will share information about dishonest agents and they will try to support legitimate agents.
In subsequent correspondence with Veristat, Pat said that the British Council were still at a very early discussion stage with national agencies in other countries. Initially the intention was to exchange information and identify any specific areas where a joint approach might be beneficial. The timescale was rather longer than the BBC article implied and nor did she think that the British Council would see its role as being one of regulating agents on the ground.
Although the British Council does not accredit or formally recognise any agents, they do provide a number of services to assist agents working with UK institutions. Agents are also encouraged to register on the Education UK website subject to validation from UK institutions. We recently saw a UKBA action plan for a B rated education provider which included using British Council registered agents as an action point.
The UKBA’s own good practice guidance highlights the use of agents as one of the key areas that education providers should address in their recruitment of overseas students and this is again reflected in the majority of action plans we are now seeing. In particular the UKBA recommends that education providers should ensure that agents understand their (the education providers) responsibilities as a sponsor; that education providers require agents to attend events intended to provide information on the institution and the course being provided ; that they incentivise and penalise agents’ performance through the phased payment or withholding of commission; and terminate arrangements with agents who do not meet their standards.
Note also that the final sub-paragraph of paragraph 281 of the Sponsor Guidance (04/10) under Reporting Duties requires a sponsor to provide details of any third party or intermediary, whether in the United Kingdom or abroad, that has assisted it in the recruitment of migrant students. This includes agents and also requires the sponsor to inform the UKBA of any agents previously notified who the sponsor stops using.
References to immigration in the Queen’s Speech were limited to: “My government will limit the number of non-European Union economic migrants entering the United Kingdom and the detention of children for immigration purposes.
http://www.number10.gov.uk/queens-speech/2010/05/queens-speech-limits-on-non-eu-migration-50599
Further information is available in the new coalition government’s immigration plan which can be found at http://www.hmg.gov.uk
"The Government believes that immigration has enriched our culture and strengthened our economy, but that it must be controlled so that people have confidence in the system. We also recognise that to ensure cohesion and protect our public services, we need to introduce a cap on immigration and reduce the number of non-EU immigrants.
• We will introduce an annual limit on the number of non-EU economic migrants admitted into the UK to live and work. We will consider jointly the mechanism for implementing the limit.
• We will end the detention of children for immigration purposes.
• We will create a dedicated Border Police Force, as part of a refocused Serious Organised Crime Agency, to enhance national security, improve immigration controls and crack down on the trafficking of people, weapons and drugs. We will work with police forces to strengthen arrangements to deal with serious crime and other cross-boundary policing challenges, and extend collaboration between forces to deliver better value for money.
• We support E-borders and will reintroduce exit checks.
• We will apply transitional controls as a matter of course in the future for all new EU Member States.
• We will introduce new measures to minimise abuse of the immigration system, for example via student routes, and will tackle human trafficking as a priority.
• We will explore new ways to improve the current asylum system to speed up the processing of applications."
UKBA Policy Post Election
The UKBA continues to remain silent on any detailed policy or operational proposals and no further information is available on when the restrictions will be lifted for visa applicants in North India.
Following the election of the new government, the UKBA has also removed from its website all news stories published before April 2010 together with information about UKBA’s strategies and aims under the previous government. This content can, however, be viewed in the national archives which shows the UKBA website as it appeared at approximate 2 week intervals during 2009 and 2010. This is particularly useful for reference to previous guidance, for example guidance that was applicable at the time of a student’s arrival. http://webarchive.nationalarchives.gov.uk/20100503160445/http://www.ukba.homeoffice.gov.uk/
Identity Cards
The Government has announced that it intends to scrap the National Identity Card scheme within its first 100 days through one of the first pieces of legislation it places before Parliament. However, references are to British Citizens under the scheme. Identity Cards for Foreign Nationals (ICFN) were introduced in response to a European regulation relating to a revised format for residence permits which the then government chose to adopt as a starting point for a wider national scheme. It seems likely therefore that ICFN will continue despite the abandonment of the National ID Cards scheme.
Agents
The BBC reported (13th May 2010) that the British Council had for the first time brought together countries including the UK, the US, Australia, Canada, New Zealand and the Irish Republic to discuss “unscrupulous” agents assisting bogus students to come to the UK and other countries. http://news.bbc.co.uk/1/hi/education/10106279.stm
Whilst the vast majority of agents are legitimate, there is concern about a small minority providing falsified documents or otherwise coaching students to get around immigration requirements. The British Council is reported as saying that there needs to be an international approach to tackling fraud.
The BBC reported that Pat Killingley, the British Council's director of higher education, said how competitor countries need to work together. "We have common interests - we've all built up reputations for quality in higher education that we want to protect," Universities and colleges could not operate without agents, she said, and their role was likely to increase. As such, it was vital that the small proportion of dishonest agents were stopped. Countries will share information about dishonest agents and they will try to support legitimate agents.
In subsequent correspondence with Veristat, Pat said that the British Council were still at a very early discussion stage with national agencies in other countries. Initially the intention was to exchange information and identify any specific areas where a joint approach might be beneficial. The timescale was rather longer than the BBC article implied and nor did she think that the British Council would see its role as being one of regulating agents on the ground.
Although the British Council does not accredit or formally recognise any agents, they do provide a number of services to assist agents working with UK institutions. Agents are also encouraged to register on the Education UK website subject to validation from UK institutions. We recently saw a UKBA action plan for a B rated education provider which included using British Council registered agents as an action point.
The UKBA’s own good practice guidance highlights the use of agents as one of the key areas that education providers should address in their recruitment of overseas students and this is again reflected in the majority of action plans we are now seeing. In particular the UKBA recommends that education providers should ensure that agents understand their (the education providers) responsibilities as a sponsor; that education providers require agents to attend events intended to provide information on the institution and the course being provided ; that they incentivise and penalise agents’ performance through the phased payment or withholding of commission; and terminate arrangements with agents who do not meet their standards.
Note also that the final sub-paragraph of paragraph 281 of the Sponsor Guidance (04/10) under Reporting Duties requires a sponsor to provide details of any third party or intermediary, whether in the United Kingdom or abroad, that has assisted it in the recruitment of migrant students. This includes agents and also requires the sponsor to inform the UKBA of any agents previously notified who the sponsor stops using.
Friday, 7 May 2010
Immigration notes May 2010
Immigration notes May 2010
General Election
There have been few developments this month because of the 'purdah' rules which govern all civil servants once an election has been called. UKBA will not comment on or discuss any possible changes to policy or operations until a new Government is in place and policies are agreed with new Ministers. The prospect of a hung parliament could also cause further delay if new policies need to be negotiated between parties.
Highly Trusted Status (HTS)
Whilst the concession removing the need to submit spreadsheets with applications for HTS was welcome, many colleges have received requests to provide the spreadsheet within days of submitting their applications. It is therefore essential that spreadsheets are available for submission if requested.
We hear continued murmurings that some Higher Education institutions are questioning the wisdom of signing up for HTS. The Times Higher Education Supplement 29 April 2010 reported http://www.timeshighereducation.co.uk/story.asp?storycode=411399 that Universities UK has shown its concerns over "poor quality" student visa rules by advising institutions not to apply to become a highly trusted sponsor and by venting its criticisms in Parliament. Like many other education providers, universities are concerned about the tight criteria set for HTS and the damage caused to their reputations if they fail to qualify for or to retain HTS.
Lord Avebury also raised the issue in the House of Lords before Parliament was dissolved referring to Government agreement to review the scheme and to come up with variations to it by 15 April following representations by Universities UK. This did not happen and officials are unwilling to comment on any future changes to HTS due to the “purdah” referred to above. The full text of the debate can be found at http://www.publications.parliament.uk/pa/ld200910/ldhansrd/text/100406-0010.htm.
Visa Operations
Following an enquiry by the British Council, the UKBA has stated that the suspension of visa operations covering Nepal, Bangladesh and the partial suspension in Northern India will be subject to further review during the course of May 2010.
Suspended Colleges
Colleges continue to be suspended and returned to the Register without any clear pattern emerging. The majority are being put back on with a B rating and associated action plan where it is hard to see how the level of improvement required to return an A rating justifies the action taken by the UKBA in their suspension. As a result an increasing number are considering taking legal action. In a recent case of Judicial Review where a college’s licence had been revoked following suspension, the judge commented on the need for an appeals mechanism if the UKBA’s revocation of a licence could effectively deprive a person of their livelihood.
Support from Veristat
We continue to work with colleges to assist them in meeting the UKBA regulations. In particular we are focusing on assisting colleges with the assessment of student intent in accordance with UKBA good practice guidance.
We also continue to work with colleges that have been suspended or downgraded in developing and implementing their action plans or in submitting representations.
If you require any assistance please contact us on enquiries@veristat.co.uk
General Election
There have been few developments this month because of the 'purdah' rules which govern all civil servants once an election has been called. UKBA will not comment on or discuss any possible changes to policy or operations until a new Government is in place and policies are agreed with new Ministers. The prospect of a hung parliament could also cause further delay if new policies need to be negotiated between parties.
Highly Trusted Status (HTS)
Whilst the concession removing the need to submit spreadsheets with applications for HTS was welcome, many colleges have received requests to provide the spreadsheet within days of submitting their applications. It is therefore essential that spreadsheets are available for submission if requested.
We hear continued murmurings that some Higher Education institutions are questioning the wisdom of signing up for HTS. The Times Higher Education Supplement 29 April 2010 reported http://www.timeshighereducation.co.uk/story.asp?storycode=411399 that Universities UK has shown its concerns over "poor quality" student visa rules by advising institutions not to apply to become a highly trusted sponsor and by venting its criticisms in Parliament. Like many other education providers, universities are concerned about the tight criteria set for HTS and the damage caused to their reputations if they fail to qualify for or to retain HTS.
Lord Avebury also raised the issue in the House of Lords before Parliament was dissolved referring to Government agreement to review the scheme and to come up with variations to it by 15 April following representations by Universities UK. This did not happen and officials are unwilling to comment on any future changes to HTS due to the “purdah” referred to above. The full text of the debate can be found at http://www.publications.parliament.uk/pa/ld200910/ldhansrd/text/100406-0010.htm.
Visa Operations
Following an enquiry by the British Council, the UKBA has stated that the suspension of visa operations covering Nepal, Bangladesh and the partial suspension in Northern India will be subject to further review during the course of May 2010.
Suspended Colleges
Colleges continue to be suspended and returned to the Register without any clear pattern emerging. The majority are being put back on with a B rating and associated action plan where it is hard to see how the level of improvement required to return an A rating justifies the action taken by the UKBA in their suspension. As a result an increasing number are considering taking legal action. In a recent case of Judicial Review where a college’s licence had been revoked following suspension, the judge commented on the need for an appeals mechanism if the UKBA’s revocation of a licence could effectively deprive a person of their livelihood.
Support from Veristat
We continue to work with colleges to assist them in meeting the UKBA regulations. In particular we are focusing on assisting colleges with the assessment of student intent in accordance with UKBA good practice guidance.
We also continue to work with colleges that have been suspended or downgraded in developing and implementing their action plans or in submitting representations.
If you require any assistance please contact us on enquiries@veristat.co.uk
Thursday, 1 April 2010
Immigration Notes April 2010
Immigration Notes April 2010
Prime Ministers Speech on Immigration
The Prime Minister delivered a speech on immigration on 31 March 2010, only his third major speech on immigration since assuming office. The theme of the speech was “fairness” and how the Government had controlled and would continue to control immigration particularly through the Points Based System. It was a political rather than a policy speech attacking the Conservative proposals for an annual quota and providing reassurance to communities faced with the choice of a BNP candidate. Unfortunately for the Prime Minister, much of the substance of the speech was lost due to criticism that he had used misleading statistics to claim that immigration had fallen in 2009, something he corrected the following day.
The detail of the speech focused on how the Government had tightened up on immigration under the Points Based System, with reductions in the number of skilled workers from 99 thousand in 2007 to 81 thousand in 2008, to 63 thousand in 2009 for Tier 2 or equivalents under the previous system. On Tier 4, the Prime Minister described how the Government had stopped 140 colleges bringing in students from outside the EU in the last year and tightened the rules reducing the hours students on lower level courses can work each week – with the expectation that these changes would see around 40 thousand fewer students coming to the UK in 2010/11 than otherwise would have been the case. Plans for the future maintained the theme of tightening control through increased enforcement, language testing and “earned” citizenship. A full transcript of the speech is available at http://www.number10.gov.uk/Page23011
Highly Trusted Status
The UKBA launched its Highly Trusted Sponsor Scheme on 22 March 2010 which in essence requires colleges providing courses at NVQ3 level and equivalents and courses below degree level (excluding foundation degrees) which include work placements (so-called “restricted” courses) to be recognised as “Highly Trusted” by virtue of their level of compliance with their sponsorship duties over a period judged by for example the number of students who have failed to enroll or complete their courses. Highly Trusted status only relates to Tier 4 sponsors at present and only colleges who have held an “A” rated licence for the last 6 months are eligible to apply. It is, however, implicit in the UKBA’s comments that it will be rolled out to Tier 2 and Tier 5 sponsors later in the year. Key dates under the current phase of the scheme are:
6 April 2010
New Immigration Rules come into force, restricting some course types to Highly Trusted sponsors. Some publicly funded sponsors will be deemed to hold a Highly Trusted sponsor licence from this date, pending a successful application. They will be placed on the register of Highly Trusted sponsors from this date. Privately funded sponsors who hold a standard A-rated licence can continue to assign confirmations of acceptance for studies (CASs) for restricted courses until the end of April, pending an application for a Highly Trusted sponsor licence.
30 April 2010
This is the deadline for privately funded, A-rated sponsors to apply for a Highly Trusted sponsor licence, if they want to continue to assign CASs for restricted courses after this date. If they have not applied by this date, they cannot continue to assign CASs for these courses from 1 May 2010.
30 May 2010
This is the date by which UKBA has said it would like all publicly funded sponsors to apply for a Highly Trusted sponsor licence, if they were deemed to hold a Highly Trusted sponsor licence from 6 April 2010 and they wish to retain that status after 30 June 2010. However, the actual deadline is 30 June 2010.
30 June 2010
End of transitional period. CASs for restricted courses can only be assigned by sponsors who:
§ are publicly funded, were deemed to hold a Highly Trusted sponsor licence from 6 April 2010, have applied for a Highly Trusted sponsor licence, and have been granted that licence or are awaiting a decision; or
§ are privately funded, were A-rated sponsors, and have applied for and been granted a Highly Trusted sponsor licence.
Full information on the Highy Trusted Sponsor scheme can be found on the UKBA website at
http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/highly-trusted/
Migration Advisory Committee (MAC)
The Migration Advisory Committee (MAC) published its latest report on 26 March 2010, making recommendations based on its third partial review of the shortage occupation lists for the UK and for Scotland. Its key recommendations are that the pharmacists category on the UK shortage occupation list be expanded to include community pharmacists (those who work for private employers other than the NHS) and that those orchestral musician jobs that are not for leaders or principals of internationally recognised UK orchestras be removed from the UK shortage occupation list. For a copy of the report see
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/mac/third-review-lists/0310/mac-3rd-review-10?view=Binary
The MAC currently plans to publish a full review of the shortage occupation list in the autumn of 2010.
The Government has also asked the MAC to consider the following question and report by Monday 17 May: “Should the UK Government exclude the London weighting from the points-based system in order to ensure that the points-based system appropriately reflects regional wage differences across the UK, and what effect would that have on the labour market and the economy in the UK?” Stakeholders can contribute views via mailto:mac@homeoffice.gsi.gov.uk%20
Changes to the Immigration Rules Tier 1 and Tier 2
Changes to the Immigration Rules were laid before Parliament on 18 March 2010 and are due to come into effect on 6 and 7 April 2010. The changes implement recommendations made by the Migration Advisory Committee in 2009 and affect Tier 1 and Tier 2 General and Intra-Company Transfer categories. Most of the changes affect the number of points awarded for attributes under these categories. Details of the changes can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/statement-of-policy
College Suspensions
At the most recent count around 120 schools and colleges remain suspended. There is movement with some colleges being re-instated although others are still being added. In the vast majority of cases re-instatement is to a “B” rating with an action plan for improvement. Some colleges have threatened or gone to judicial review either to require the UKBA to provide detailed reasons for their suspension or to challenge the decision. In some cases it has appeared that such action has reduced the time taken for the UKBA to present their detailed case for the suspension but there is no obvious pattern to suggest how or whether such action has affected the final outcome.
We have been working with a number of suspended colleges by reviewing colleges’ processes, recommending areas of improvement based on good practice and assisting in the preparation of representations. If you think we may be able to assist your school or college in any of these areas, please contact us for an informal discussion at enquiries@veristat.co.uk or by phone 0844 335 1619.
Immigration fees
New immigration fees are being introduced from 6 April 2010 and all applicants must ensure that they use the correct form and pay the correct fee from that date. The Tier 4 application fee for entry clearance increases from £145 to £199. The fee for extending permission to stay in the UK stays the same for postal applications (£357) but increases from £565 to £628 for applications under the premium service at a public enquiry office. The fee for a dependant who applies at the same time as the main applicant increases from £50 to £80 for a postal application and to £107 for an application at a public enquiry office.
Prime Ministers Speech on Immigration
The Prime Minister delivered a speech on immigration on 31 March 2010, only his third major speech on immigration since assuming office. The theme of the speech was “fairness” and how the Government had controlled and would continue to control immigration particularly through the Points Based System. It was a political rather than a policy speech attacking the Conservative proposals for an annual quota and providing reassurance to communities faced with the choice of a BNP candidate. Unfortunately for the Prime Minister, much of the substance of the speech was lost due to criticism that he had used misleading statistics to claim that immigration had fallen in 2009, something he corrected the following day.
The detail of the speech focused on how the Government had tightened up on immigration under the Points Based System, with reductions in the number of skilled workers from 99 thousand in 2007 to 81 thousand in 2008, to 63 thousand in 2009 for Tier 2 or equivalents under the previous system. On Tier 4, the Prime Minister described how the Government had stopped 140 colleges bringing in students from outside the EU in the last year and tightened the rules reducing the hours students on lower level courses can work each week – with the expectation that these changes would see around 40 thousand fewer students coming to the UK in 2010/11 than otherwise would have been the case. Plans for the future maintained the theme of tightening control through increased enforcement, language testing and “earned” citizenship. A full transcript of the speech is available at http://www.number10.gov.uk/Page23011
Highly Trusted Status
The UKBA launched its Highly Trusted Sponsor Scheme on 22 March 2010 which in essence requires colleges providing courses at NVQ3 level and equivalents and courses below degree level (excluding foundation degrees) which include work placements (so-called “restricted” courses) to be recognised as “Highly Trusted” by virtue of their level of compliance with their sponsorship duties over a period judged by for example the number of students who have failed to enroll or complete their courses. Highly Trusted status only relates to Tier 4 sponsors at present and only colleges who have held an “A” rated licence for the last 6 months are eligible to apply. It is, however, implicit in the UKBA’s comments that it will be rolled out to Tier 2 and Tier 5 sponsors later in the year. Key dates under the current phase of the scheme are:
6 April 2010
New Immigration Rules come into force, restricting some course types to Highly Trusted sponsors. Some publicly funded sponsors will be deemed to hold a Highly Trusted sponsor licence from this date, pending a successful application. They will be placed on the register of Highly Trusted sponsors from this date. Privately funded sponsors who hold a standard A-rated licence can continue to assign confirmations of acceptance for studies (CASs) for restricted courses until the end of April, pending an application for a Highly Trusted sponsor licence.
30 April 2010
This is the deadline for privately funded, A-rated sponsors to apply for a Highly Trusted sponsor licence, if they want to continue to assign CASs for restricted courses after this date. If they have not applied by this date, they cannot continue to assign CASs for these courses from 1 May 2010.
30 May 2010
This is the date by which UKBA has said it would like all publicly funded sponsors to apply for a Highly Trusted sponsor licence, if they were deemed to hold a Highly Trusted sponsor licence from 6 April 2010 and they wish to retain that status after 30 June 2010. However, the actual deadline is 30 June 2010.
30 June 2010
End of transitional period. CASs for restricted courses can only be assigned by sponsors who:
§ are publicly funded, were deemed to hold a Highly Trusted sponsor licence from 6 April 2010, have applied for a Highly Trusted sponsor licence, and have been granted that licence or are awaiting a decision; or
§ are privately funded, were A-rated sponsors, and have applied for and been granted a Highly Trusted sponsor licence.
Full information on the Highy Trusted Sponsor scheme can be found on the UKBA website at
http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/highly-trusted/
Migration Advisory Committee (MAC)
The Migration Advisory Committee (MAC) published its latest report on 26 March 2010, making recommendations based on its third partial review of the shortage occupation lists for the UK and for Scotland. Its key recommendations are that the pharmacists category on the UK shortage occupation list be expanded to include community pharmacists (those who work for private employers other than the NHS) and that those orchestral musician jobs that are not for leaders or principals of internationally recognised UK orchestras be removed from the UK shortage occupation list. For a copy of the report see
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/mac/third-review-lists/0310/mac-3rd-review-10?view=Binary
The MAC currently plans to publish a full review of the shortage occupation list in the autumn of 2010.
The Government has also asked the MAC to consider the following question and report by Monday 17 May: “Should the UK Government exclude the London weighting from the points-based system in order to ensure that the points-based system appropriately reflects regional wage differences across the UK, and what effect would that have on the labour market and the economy in the UK?” Stakeholders can contribute views via mailto:mac@homeoffice.gsi.gov.uk%20
Changes to the Immigration Rules Tier 1 and Tier 2
Changes to the Immigration Rules were laid before Parliament on 18 March 2010 and are due to come into effect on 6 and 7 April 2010. The changes implement recommendations made by the Migration Advisory Committee in 2009 and affect Tier 1 and Tier 2 General and Intra-Company Transfer categories. Most of the changes affect the number of points awarded for attributes under these categories. Details of the changes can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/statement-of-policy
College Suspensions
At the most recent count around 120 schools and colleges remain suspended. There is movement with some colleges being re-instated although others are still being added. In the vast majority of cases re-instatement is to a “B” rating with an action plan for improvement. Some colleges have threatened or gone to judicial review either to require the UKBA to provide detailed reasons for their suspension or to challenge the decision. In some cases it has appeared that such action has reduced the time taken for the UKBA to present their detailed case for the suspension but there is no obvious pattern to suggest how or whether such action has affected the final outcome.
We have been working with a number of suspended colleges by reviewing colleges’ processes, recommending areas of improvement based on good practice and assisting in the preparation of representations. If you think we may be able to assist your school or college in any of these areas, please contact us for an informal discussion at enquiries@veristat.co.uk or by phone 0844 335 1619.
Immigration fees
New immigration fees are being introduced from 6 April 2010 and all applicants must ensure that they use the correct form and pay the correct fee from that date. The Tier 4 application fee for entry clearance increases from £145 to £199. The fee for extending permission to stay in the UK stays the same for postal applications (£357) but increases from £565 to £628 for applications under the premium service at a public enquiry office. The fee for a dependant who applies at the same time as the main applicant increases from £50 to £80 for a postal application and to £107 for an application at a public enquiry office.
Monday, 1 March 2010
March update
Immigration Notes: March 2010
New Rules for Students
Further to our report last month (Immigration Notes February 2010) the Home Secretary made a formal announcement of the changes in the rules relating to non-EEA students via a written statement to Parliament on 10 February 2010. The full text of the statement can be viewed via the following link http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/wms-tier-4-student
The new measures which come into force from 3 March 2010 include:
· English language courses for students aged 16 or older must be at a minimum of level B2 of the Common European Framework of Reference for Languages except for students who are taking pre-sessional English language courses before moving to a degree course and for government sponsored students.
· Reducing the amount of time a student studying below first degree level or on a foundation degree course will be able to work to 10 hours during term time. Students will still be able to work full time during vacations.
· A ban on bringing in dependants for students studying a course at any level for less than six months.
· A ban on dependants of anyone studying a course lower than foundation or undergraduate degree level from working regardless of the length of the course.
The Home Secretary also announced further changes to be introduced from 6 April 2010 with the introduction of a new category of Highly Trusted Sponsor under the points based system for courses below degree level involving a work placement and courses at A level and equivalent. All publicly funded education providers will automatically become Highly Trusted Sponsors when the scheme is launched. There are also rumours that all “A” rated colleges will become Highly Trusted Sponsors (and risk losing that status following inspection if they do not meet the criteria?) but at this stage this is only speculation. The UKBA has invited suggestions for how the scheme might work and further information is awaited.
Final Phase of Tier 4 (students)
On 22 February 2010 the UKBA implemented the final phase of the points-based system's student tier.
From 22 February 2010 all Tier 4 students applying from inside or outside the UK must use a confirmation of acceptance for studies (CAS) in their application. Visa letters can no longer be used for applications made after this date although applications made with visa letters before 22 February will still be processed.
Education providers must now provide all potential students with a CAS reference number and their sponsor licence number (SLN). They will also need to provide students with all of the information they will need when making their application. This information is being referred to as a 'CAS statement'. There is no specified format for this information. It is for use by the student to help them complete their applications. Sponsors can decide what a CAS statement should contain and how to pass the information to the student. The easiest option is probably to send the student a copy of the CAS. The UKBA website also suggests (but does not specifically require) the following:
- student name;
- student date of birth;
- course title;
- course start and end date;
- details of any financial sponsorship/deposits taken;
- documents that should be included as part of an application to prove qualifications;
- CAS number; and
- ATAS certificate (if appropriate).
Application forms
The UKBA has published revised guidelines and application forms for applicants under Tier 2 (highly skilled workers) and Tier 4 (adult and child students). From 22 February 2010 applications should be made using the new forms which are marked “version 02/10”.
Sponsor Guidance
The UKBA has also revised its guidance documents for employers and education providers who hold sponsor licences under the points based system. Copies of the new guidance can be downloaded from the UKBA website via the following link
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/
A table showing the changes to the previous guidance can be viewed at
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/sponsor-changes-220210.pdf
Mandatory Reporting under Tier 4 (students)
From 22 February 2010 sponsors must report via the sponsorship management system (SMS) on students who have used a CAS in an application to the UKBA. Note, however, that reporting duties are not compulsory where a student has been granted permission to enter or remain on the basis of a visa letter (paragraph 257 of the Guidance for Sponsors, page 36).
One of the most common reporting events relates to absence which can on occasions cause some confusion partly as a result of the UKBA’s attempts to create a system which can be applied across the range of education providers. The following summarises the UKBA guidance on this issue.
A sponsor must tell the UKBA if a student misses 10 expected contacts without “reasonably granted permission” which is normally referred to as authorised and unauthorised absence. For students in schools, further education colleges and English language colleges, this will normally be where the student has missed two weeks of a course. In the higher education sector, where daily registers are not kept, 'expected contacts' may include:
· attendance at any lesson, lecture, tutorial or seminar (as relevant to the level of study);
· attendance at any test, examination or assessment board;
· submission of assessed or un-assessed coursework;
· submission of 'interim' dissertation/coursework/reports;
· attendance at any meeting with a supervisor or personal tutor;
· attendance at any 'research method' or 'research panel' meetings or at 'writing up' seminars or 'doctoral workshops';
· attendance at a viva;
· registration (matriculation/enrolment); and
· attendance at an appointment with a welfare advisor or an international student adviser.
It is the up to the sponsor to judge whether a student's absence from their course is authorised or unauthorised. The regulations only refer to an authority which is “reasonably” granted.
Monitoring the UK Border Agency (1) - The Office of the Chief Inspector of the UK Border Agency
The Office of the Chief Inspector of the UK Border Agency was established in 2008 to assess efficiency and effectiveness of the UK Border Agency. The Chief Inspector (John Vine) reports annually to the Home Secretary and the reports are placed before Parliament. The main areas for Inspection are
· Overall performance
· Practice and procedure in making decisions
· The treatment of claimants and applicants
· Consistency of approach
· Discrimination in the exercise of functions
· Enforcement powers
· The handling of complaints
· Country information
The remit of the Chief Inspector does not permit him to consider individual cases. Recent reports cover the processing of asylum seekers and inspections of immigration operations in the UK and overseas. Further information, including copies of the reports can be viewed at
http://www.ociukba.homeoffice.gov.uk/
Monitoring the UK Border Agency (2) - Parliamentary and Health Services Ombudsman
Unlike Australia and the USA, the UK does not have an ombudsman specifically for immigration matters. However, the Parliamentary and Health Services Ombudsman can look into complaints about a service provided by a government department or agency including the UK Border Agency. On 9 February 2010 the Parliamentary Ombudsman, Anne Abraham, published a report on the UK Border Agency entitled “Fast and Fair?”.
The UKBA has consistently generated a large number of complaints to the Ombudsman. In the first nine months of 2009-10 the Ombudsman received 478 complaints about the Agency and reported on 33 investigations of which 97% were upheld in full or in part. ‘Fast and Fair?’ includes eleven case studies that reflect the large number and wide range of complaints referred to the Ombudsman by Members of Parliament. The cases involve applications for asylum, as well as the Agency’s core immigration and nationality work and applications for residence cards. In the report Ann Abraham said; “We have seen progress, but the Agency still have a long way to go on their journey to being able to demonstrate to us that they are meeting the Ombudsman’s Principles of Good Administration, Principles of Good Complaint Handling and Principles for Remedy.”
You can download a copy of the Ombudsman’s report via
http://www.ombudsman.org.uk/pdfs/UKBA-2010-02-09.pdf
Further information on the work of the Parliamentary and Health Services Ombudsman and its services can be found at http://www.ombudsman.org.uk
UKBA Enforcement strategy
The UKBA has published a new five year strategy for dealing with border and immigration crime such as illegal immigration, tax fraud, and the smuggling of prohibited and restricted goods. The strategy which was published on 22 February 2010 addresses both high level organised crime and work to counter other areas of abuse such as the use of fraudulent documents in visa applications and illegal working. The strategy “Protecting our Border, Protecting the Public” can be downloaded via http://www.ukba.homeoffice.gov.uk/sitecontent/documents/managingourborders/crime-strategy/protecting-border.pdf?view=Binary
Further information
Information on the services we offer is available on our website http://www.veristat.co.uk/ or you can contact us at enquiries@veristat.co.uk
New Rules for Students
Further to our report last month (Immigration Notes February 2010) the Home Secretary made a formal announcement of the changes in the rules relating to non-EEA students via a written statement to Parliament on 10 February 2010. The full text of the statement can be viewed via the following link http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/wms-tier-4-student
The new measures which come into force from 3 March 2010 include:
· English language courses for students aged 16 or older must be at a minimum of level B2 of the Common European Framework of Reference for Languages except for students who are taking pre-sessional English language courses before moving to a degree course and for government sponsored students.
· Reducing the amount of time a student studying below first degree level or on a foundation degree course will be able to work to 10 hours during term time. Students will still be able to work full time during vacations.
· A ban on bringing in dependants for students studying a course at any level for less than six months.
· A ban on dependants of anyone studying a course lower than foundation or undergraduate degree level from working regardless of the length of the course.
The Home Secretary also announced further changes to be introduced from 6 April 2010 with the introduction of a new category of Highly Trusted Sponsor under the points based system for courses below degree level involving a work placement and courses at A level and equivalent. All publicly funded education providers will automatically become Highly Trusted Sponsors when the scheme is launched. There are also rumours that all “A” rated colleges will become Highly Trusted Sponsors (and risk losing that status following inspection if they do not meet the criteria?) but at this stage this is only speculation. The UKBA has invited suggestions for how the scheme might work and further information is awaited.
Final Phase of Tier 4 (students)
On 22 February 2010 the UKBA implemented the final phase of the points-based system's student tier.
From 22 February 2010 all Tier 4 students applying from inside or outside the UK must use a confirmation of acceptance for studies (CAS) in their application. Visa letters can no longer be used for applications made after this date although applications made with visa letters before 22 February will still be processed.
Education providers must now provide all potential students with a CAS reference number and their sponsor licence number (SLN). They will also need to provide students with all of the information they will need when making their application. This information is being referred to as a 'CAS statement'. There is no specified format for this information. It is for use by the student to help them complete their applications. Sponsors can decide what a CAS statement should contain and how to pass the information to the student. The easiest option is probably to send the student a copy of the CAS. The UKBA website also suggests (but does not specifically require) the following:
- student name;
- student date of birth;
- course title;
- course start and end date;
- details of any financial sponsorship/deposits taken;
- documents that should be included as part of an application to prove qualifications;
- CAS number; and
- ATAS certificate (if appropriate).
Application forms
The UKBA has published revised guidelines and application forms for applicants under Tier 2 (highly skilled workers) and Tier 4 (adult and child students). From 22 February 2010 applications should be made using the new forms which are marked “version 02/10”.
Sponsor Guidance
The UKBA has also revised its guidance documents for employers and education providers who hold sponsor licences under the points based system. Copies of the new guidance can be downloaded from the UKBA website via the following link
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/
A table showing the changes to the previous guidance can be viewed at
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/sponsor-changes-220210.pdf
Mandatory Reporting under Tier 4 (students)
From 22 February 2010 sponsors must report via the sponsorship management system (SMS) on students who have used a CAS in an application to the UKBA. Note, however, that reporting duties are not compulsory where a student has been granted permission to enter or remain on the basis of a visa letter (paragraph 257 of the Guidance for Sponsors, page 36).
One of the most common reporting events relates to absence which can on occasions cause some confusion partly as a result of the UKBA’s attempts to create a system which can be applied across the range of education providers. The following summarises the UKBA guidance on this issue.
A sponsor must tell the UKBA if a student misses 10 expected contacts without “reasonably granted permission” which is normally referred to as authorised and unauthorised absence. For students in schools, further education colleges and English language colleges, this will normally be where the student has missed two weeks of a course. In the higher education sector, where daily registers are not kept, 'expected contacts' may include:
· attendance at any lesson, lecture, tutorial or seminar (as relevant to the level of study);
· attendance at any test, examination or assessment board;
· submission of assessed or un-assessed coursework;
· submission of 'interim' dissertation/coursework/reports;
· attendance at any meeting with a supervisor or personal tutor;
· attendance at any 'research method' or 'research panel' meetings or at 'writing up' seminars or 'doctoral workshops';
· attendance at a viva;
· registration (matriculation/enrolment); and
· attendance at an appointment with a welfare advisor or an international student adviser.
It is the up to the sponsor to judge whether a student's absence from their course is authorised or unauthorised. The regulations only refer to an authority which is “reasonably” granted.
Monitoring the UK Border Agency (1) - The Office of the Chief Inspector of the UK Border Agency
The Office of the Chief Inspector of the UK Border Agency was established in 2008 to assess efficiency and effectiveness of the UK Border Agency. The Chief Inspector (John Vine) reports annually to the Home Secretary and the reports are placed before Parliament. The main areas for Inspection are
· Overall performance
· Practice and procedure in making decisions
· The treatment of claimants and applicants
· Consistency of approach
· Discrimination in the exercise of functions
· Enforcement powers
· The handling of complaints
· Country information
The remit of the Chief Inspector does not permit him to consider individual cases. Recent reports cover the processing of asylum seekers and inspections of immigration operations in the UK and overseas. Further information, including copies of the reports can be viewed at
http://www.ociukba.homeoffice.gov.uk/
Monitoring the UK Border Agency (2) - Parliamentary and Health Services Ombudsman
Unlike Australia and the USA, the UK does not have an ombudsman specifically for immigration matters. However, the Parliamentary and Health Services Ombudsman can look into complaints about a service provided by a government department or agency including the UK Border Agency. On 9 February 2010 the Parliamentary Ombudsman, Anne Abraham, published a report on the UK Border Agency entitled “Fast and Fair?”.
The UKBA has consistently generated a large number of complaints to the Ombudsman. In the first nine months of 2009-10 the Ombudsman received 478 complaints about the Agency and reported on 33 investigations of which 97% were upheld in full or in part. ‘Fast and Fair?’ includes eleven case studies that reflect the large number and wide range of complaints referred to the Ombudsman by Members of Parliament. The cases involve applications for asylum, as well as the Agency’s core immigration and nationality work and applications for residence cards. In the report Ann Abraham said; “We have seen progress, but the Agency still have a long way to go on their journey to being able to demonstrate to us that they are meeting the Ombudsman’s Principles of Good Administration, Principles of Good Complaint Handling and Principles for Remedy.”
You can download a copy of the Ombudsman’s report via
http://www.ombudsman.org.uk/pdfs/UKBA-2010-02-09.pdf
Further information on the work of the Parliamentary and Health Services Ombudsman and its services can be found at http://www.ombudsman.org.uk
UKBA Enforcement strategy
The UKBA has published a new five year strategy for dealing with border and immigration crime such as illegal immigration, tax fraud, and the smuggling of prohibited and restricted goods. The strategy which was published on 22 February 2010 addresses both high level organised crime and work to counter other areas of abuse such as the use of fraudulent documents in visa applications and illegal working. The strategy “Protecting our Border, Protecting the Public” can be downloaded via http://www.ukba.homeoffice.gov.uk/sitecontent/documents/managingourborders/crime-strategy/protecting-border.pdf?view=Binary
Further information
Information on the services we offer is available on our website http://www.veristat.co.uk/ or you can contact us at enquiries@veristat.co.uk
Monday, 8 February 2010
February update
Immigration Notes: February 2010
Replacement of Visa Letters by Confirmation of Acceptance for Studies (CAS)
From 22 February 2010, any student who applies by post or in person at a public enquiry office, to study in the UK under Tier 4 of the points-based system must possess a confirmation of acceptance for studies (CAS) from their prospective sponsor. Students will no longer be able to apply under Tier 4 using a visa letter from that date, even if the visa letter was issued before 22 February 2010. Any applications made with a visa letter after that date will be refused. Students can continue using visa letters until 21 February 2010 even if their course is due to start after 22 February 2010.
Ending of Maintenance concession
The concession allowing students already in the UK to show that they have the money needed on the day they apply has ended. Tier 4 applications made in the UK on or after 1 February 2010 must show that the student has had the required sum of money for maintenance in his/her account for a period of 28 days in line with the requirements for students applying for a visa outside the UK.
Suspension of visa issuing in India
As from 1 February 2010 the UKBA is not accepting any new applications under the Tier 4 student route of the points-based system at the following visa application centres:
North India - New Delhi, Jalandhar and Chandigarh
Bangladesh - Dhaka, Sylhet and Chittagong
Nepal - Kathmandu
This follows similar action in China last year and reports that visa applications in India have increased threefold compared with the 2008, before the Points Based System was introduced. The UKBA has described the suspension as temporary whilst they investigate applications already received to ensure they are genuine.
College Suspensions
Around 200 colleges are now believed to have had their licences suspended during January 2010. UKBA concerns appear to relate mainly to colleges not meeting the requirement to satisfy themselves as to students intentions and/or ability to follow the course but a number of colleges are still waiting to hear the detailed allegations against them. The UKBA has stated that they are still in the process of gathering information and intelligence in relation to some colleges and will be contacting them shortly to arrange a visit when they will tell the colleges of their concerns. Some colleges who have been visited have already had their suspensions lifted.
New Rules for Students
Ministers have announced new rules for students which appear to stem from the Review ordered by the Prime Minister in November although the media is also referring to counter terrorism links following the “Detroit bomber” incident over Christmas. http://news.bbc.co.uk/1/hi/uk/8502640.stm
The Home Secretary referred to the following changes being introduced with “immediate effect” although at the time of preparing this update (8 February 2010) they are not yet reflected in the published Regulations or on the UKBA website:
- Students will have to demonstrate ability in English at an intermediate rather than beginners level.
- Students taking courses below degree level will be allowed to work for only 10 hours a week rather than 20 as at present.
- Those on courses which last under six months will not be allowed to bring dependants into the country. Dependants of students on courses below degree level will not be allowed to work
- Additionally, visas for courses below degree level with a work placement will also be granted only if the institutions they attend are on a new register, the Highly Trusted Sponsors List.
Enhancements to the Sponsorship Management System
The UKBA has announced a number of enhancements to the sponsorship management system as from 22 February 2010. More information can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/January/32-enhancements-sms
Resident Labour Market Test
All vacancies advertised on or after 14 December 2009 must be advertised to settled workers for 28 calendar days rather than 14 days as at present.
Application fees
New regulations were laid in Parliament on 20 January for the fees for immigration and nationality services for 2010/2011 that are set at levels above the normal administrative costs of the service. Proposals for the fees that are set below cost will be published later this month. Details of the proposed fees can be downloaded via the following link: http://www.bia.homeoffice.gov.uk/sitecontent/documents/news/wms-charging-imm-nat-services
Working with Stakeholders
The UK Border Agency has published 'Working in Partnership with Stakeholders' outlining its principles for working with stakeholders. The document can be downloaded via the following link: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/stakeholders/working-in-partnership.pdf
Replacement of Visa Letters by Confirmation of Acceptance for Studies (CAS)
From 22 February 2010, any student who applies by post or in person at a public enquiry office, to study in the UK under Tier 4 of the points-based system must possess a confirmation of acceptance for studies (CAS) from their prospective sponsor. Students will no longer be able to apply under Tier 4 using a visa letter from that date, even if the visa letter was issued before 22 February 2010. Any applications made with a visa letter after that date will be refused. Students can continue using visa letters until 21 February 2010 even if their course is due to start after 22 February 2010.
Ending of Maintenance concession
The concession allowing students already in the UK to show that they have the money needed on the day they apply has ended. Tier 4 applications made in the UK on or after 1 February 2010 must show that the student has had the required sum of money for maintenance in his/her account for a period of 28 days in line with the requirements for students applying for a visa outside the UK.
Suspension of visa issuing in India
As from 1 February 2010 the UKBA is not accepting any new applications under the Tier 4 student route of the points-based system at the following visa application centres:
North India - New Delhi, Jalandhar and Chandigarh
Bangladesh - Dhaka, Sylhet and Chittagong
Nepal - Kathmandu
This follows similar action in China last year and reports that visa applications in India have increased threefold compared with the 2008, before the Points Based System was introduced. The UKBA has described the suspension as temporary whilst they investigate applications already received to ensure they are genuine.
College Suspensions
Around 200 colleges are now believed to have had their licences suspended during January 2010. UKBA concerns appear to relate mainly to colleges not meeting the requirement to satisfy themselves as to students intentions and/or ability to follow the course but a number of colleges are still waiting to hear the detailed allegations against them. The UKBA has stated that they are still in the process of gathering information and intelligence in relation to some colleges and will be contacting them shortly to arrange a visit when they will tell the colleges of their concerns. Some colleges who have been visited have already had their suspensions lifted.
New Rules for Students
Ministers have announced new rules for students which appear to stem from the Review ordered by the Prime Minister in November although the media is also referring to counter terrorism links following the “Detroit bomber” incident over Christmas. http://news.bbc.co.uk/1/hi/uk/8502640.stm
The Home Secretary referred to the following changes being introduced with “immediate effect” although at the time of preparing this update (8 February 2010) they are not yet reflected in the published Regulations or on the UKBA website:
- Students will have to demonstrate ability in English at an intermediate rather than beginners level.
- Students taking courses below degree level will be allowed to work for only 10 hours a week rather than 20 as at present.
- Those on courses which last under six months will not be allowed to bring dependants into the country. Dependants of students on courses below degree level will not be allowed to work
- Additionally, visas for courses below degree level with a work placement will also be granted only if the institutions they attend are on a new register, the Highly Trusted Sponsors List.
Enhancements to the Sponsorship Management System
The UKBA has announced a number of enhancements to the sponsorship management system as from 22 February 2010. More information can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/January/32-enhancements-sms
Resident Labour Market Test
All vacancies advertised on or after 14 December 2009 must be advertised to settled workers for 28 calendar days rather than 14 days as at present.
Application fees
New regulations were laid in Parliament on 20 January for the fees for immigration and nationality services for 2010/2011 that are set at levels above the normal administrative costs of the service. Proposals for the fees that are set below cost will be published later this month. Details of the proposed fees can be downloaded via the following link: http://www.bia.homeoffice.gov.uk/sitecontent/documents/news/wms-charging-imm-nat-services
Working with Stakeholders
The UK Border Agency has published 'Working in Partnership with Stakeholders' outlining its principles for working with stakeholders. The document can be downloaded via the following link: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/stakeholders/working-in-partnership.pdf
Wednesday, 20 January 2010
Colleges have their UKBA sponsorship licences suspended
The UK Border Agency (UKBA) has suspended the licences of around 50 colleges over a few days since 18 January 2010. The colleges appear to be mainly English Language and vocational colleges including some very large ones. There are some indications that the suspensions may be related to a significant increase in the number of students applying to come to the UK from India and Nepal. Student applications from the India have increased significantly since the introduction of the Points Based System and the UK Border Agency are believed to have had concerns for some time about the number of visa letter being issued by UK colleges to students in India.
In many cases the colleges affected had no forewarning of the suspension of their licences. They were not visited by the UKBA but simply received a letter from the UKBA suspending their licence and stating that they had identified a number of concerns. The letters refer to paragraph 281 of the Guidance for Sponsor Applications which states that “A confirmation of acceptance for studies or visa letter may only be issued under Tier 4 if the sponsor is satisfied that the student both intends and is able to follow the course of study concerned”. They go on to say that the UKBA has reason to be concerned about the activity of a number of international students to whom the college has issued visa letters and that in view of that information, believe the college has been failing in its duty to assess students’ intentions effectively and is therefore posing a risk to effective immigration control.
The letters state that “In order to give you the opportunity to explain these discrepancies before we begin revocation action, we have suspended your licence with immediate effect.” However, the colleges are not given the details of the UKBA’s concerns to be able to address them. Rather, the letter goes on to say that the UKBA will be in contact to further explain their concerns. Enquiries of the UKBA have revealed that their aim is to provide this further detail by the end of January 2010. In the meantime colleges remain suspended and have had their names removed from the Register of Sponsors causing damage to their reputations and potential financial loss. Prospective students are left unclear about what will happen to their applications and as suspended colleges are not allowed to issue any visa letters or confirmation of acceptance for studies, students who require these documents to submit an in-time application to extend their stay are unable to obtain them.
Anecdotally, the reasons for the suspensions are being put down to poor procedures for the recruitment of students including failure by the college and/or its agents to ensure that students have a sufficient knowledge of English to be able to take the course; failure by students to enrol on their courses; and poor attendance. If there is evidence that these or other problems exist, it is of course right that colleges be required to take the appropriate steps to address them and to meet their responsibilities as licence holders. However, the current issue is not whether those problems exist but the detrimental effect of the sanctions that have been taken against the colleges without any forewarning or sight of the evidence against them and therefore without any opportunity to respond. Nor is it clear why the UKBA chose this blanket approach when other options were available such as temporary downgrading of the licence to a “B” rating followed by withdrawal where no improvement was seen.
Colleges and representative bodies have been making representations to the UKBA over the handling of this matter but many are still waiting to hear the detail of the UKBA’s concerns. When the UKBA does contact them either via a visit or by letter, the college will then have 28 days to respond. Whilst the response might be partly explanatory and defensive, it is important that it should also refer to the action a college has taken or plans to take to address these issues for the future. The UKBA will consider the response and come back to the college within 14 days with a decision on whether they intend to withdraw the licence, downgrade it to a “B” or take no further action.
If you are a college that has been affected by the suspensions and would like to speak to us about immigration support now or in the future, or would like to contribute your experiences to any further articles on this topic or, we would like to hear from you at enquiries@veristat.co.uk
In many cases the colleges affected had no forewarning of the suspension of their licences. They were not visited by the UKBA but simply received a letter from the UKBA suspending their licence and stating that they had identified a number of concerns. The letters refer to paragraph 281 of the Guidance for Sponsor Applications which states that “A confirmation of acceptance for studies or visa letter may only be issued under Tier 4 if the sponsor is satisfied that the student both intends and is able to follow the course of study concerned”. They go on to say that the UKBA has reason to be concerned about the activity of a number of international students to whom the college has issued visa letters and that in view of that information, believe the college has been failing in its duty to assess students’ intentions effectively and is therefore posing a risk to effective immigration control.
The letters state that “In order to give you the opportunity to explain these discrepancies before we begin revocation action, we have suspended your licence with immediate effect.” However, the colleges are not given the details of the UKBA’s concerns to be able to address them. Rather, the letter goes on to say that the UKBA will be in contact to further explain their concerns. Enquiries of the UKBA have revealed that their aim is to provide this further detail by the end of January 2010. In the meantime colleges remain suspended and have had their names removed from the Register of Sponsors causing damage to their reputations and potential financial loss. Prospective students are left unclear about what will happen to their applications and as suspended colleges are not allowed to issue any visa letters or confirmation of acceptance for studies, students who require these documents to submit an in-time application to extend their stay are unable to obtain them.
Anecdotally, the reasons for the suspensions are being put down to poor procedures for the recruitment of students including failure by the college and/or its agents to ensure that students have a sufficient knowledge of English to be able to take the course; failure by students to enrol on their courses; and poor attendance. If there is evidence that these or other problems exist, it is of course right that colleges be required to take the appropriate steps to address them and to meet their responsibilities as licence holders. However, the current issue is not whether those problems exist but the detrimental effect of the sanctions that have been taken against the colleges without any forewarning or sight of the evidence against them and therefore without any opportunity to respond. Nor is it clear why the UKBA chose this blanket approach when other options were available such as temporary downgrading of the licence to a “B” rating followed by withdrawal where no improvement was seen.
Colleges and representative bodies have been making representations to the UKBA over the handling of this matter but many are still waiting to hear the detail of the UKBA’s concerns. When the UKBA does contact them either via a visit or by letter, the college will then have 28 days to respond. Whilst the response might be partly explanatory and defensive, it is important that it should also refer to the action a college has taken or plans to take to address these issues for the future. The UKBA will consider the response and come back to the college within 14 days with a decision on whether they intend to withdraw the licence, downgrade it to a “B” or take no further action.
If you are a college that has been affected by the suspensions and would like to speak to us about immigration support now or in the future, or would like to contribute your experiences to any further articles on this topic or, we would like to hear from you at enquiries@veristat.co.uk
Friday, 8 January 2010
January update
Immigration Notes: January 2010
· The UKBA has warned against passwords for the Sponsorship Management System being revealed to colleagues to allow them to use the system. Passwords should never be disclosed to another person, including colleagues within the organisation. If you wish a colleague to be able to use the system they should be formally added as an additional user. The UKBA has warned that failure to comply with this requirement could lead to the downgrading or loss of an organisation’s licence.
· The UKB has highlighted the requirement under paragraph 280(d) of the Guidance for Sponsor Applications (October 2009) to report to the UKBA details of any third party or intermediary, whether in the United Kingdom or abroad, that has assisted it in the recruitment of migrant students and clarified that his includes overseas agents. The concerns appear to have arisen following the closure of operations and review of activities in China but apply equally to agents in other countries. The UKBA has also referred to visits to colleges to assess methods for recruiting students. Reporting on agents used is via email MigrantReporting@UKBA.gsi.gov.uk for those issued with visa letters or via the SMS reporting function for those issued with Certificates of Acceptance.
· Changes to the Immigration Rules were laid before Parliament on 10 December to allow for the final phase of the roll-out of Tier 4 (Students) of the points-based system. From 22 February 2010 all students under Tier 4 will require an electronic Confirmation of Acceptance for Studies, issued via the Sponsorship Management System, rather than a visa letter. The UKBA is expected to produce further information shortly on transitional arrangements including changes to application forms.
· Changes have also been made (with effect from 1 January 2010) to the child visitor rules which are often used for children under 18 taking short courses. These include additional requirements for the care of children under the age of 16.
· The concession allowing students applying within the UK to show only that they have the money they require on the day they apply is due to end in February. The wording of the concession was that it related to students applying before February so the assumption is that it will end on 31 January.
· The process driven nature of the Points Based System has lead to concerns by the UKBA that colleges are taking students without fulfilling the requirement to satisfy themselves that a student is capable of following the course. This applies particularly to a student’s ability to speak/understand English and we have seen a number of cases where this has been challenged including by immigration officers on arrival in respect of students who have already been issued with visas. The visa letter requires a sponsor to quote the evidence on which the student’s ability to follow the course has been assessed and this requirement is carried forward for the issuing of Confirmation of Acceptance for Studies under the Sponsorship Management System.
· The UKBA has warned against passwords for the Sponsorship Management System being revealed to colleagues to allow them to use the system. Passwords should never be disclosed to another person, including colleagues within the organisation. If you wish a colleague to be able to use the system they should be formally added as an additional user. The UKBA has warned that failure to comply with this requirement could lead to the downgrading or loss of an organisation’s licence.
· The UKB has highlighted the requirement under paragraph 280(d) of the Guidance for Sponsor Applications (October 2009) to report to the UKBA details of any third party or intermediary, whether in the United Kingdom or abroad, that has assisted it in the recruitment of migrant students and clarified that his includes overseas agents. The concerns appear to have arisen following the closure of operations and review of activities in China but apply equally to agents in other countries. The UKBA has also referred to visits to colleges to assess methods for recruiting students. Reporting on agents used is via email MigrantReporting@UKBA.gsi.gov.uk for those issued with visa letters or via the SMS reporting function for those issued with Certificates of Acceptance.
· Changes to the Immigration Rules were laid before Parliament on 10 December to allow for the final phase of the roll-out of Tier 4 (Students) of the points-based system. From 22 February 2010 all students under Tier 4 will require an electronic Confirmation of Acceptance for Studies, issued via the Sponsorship Management System, rather than a visa letter. The UKBA is expected to produce further information shortly on transitional arrangements including changes to application forms.
· Changes have also been made (with effect from 1 January 2010) to the child visitor rules which are often used for children under 18 taking short courses. These include additional requirements for the care of children under the age of 16.
· The concession allowing students applying within the UK to show only that they have the money they require on the day they apply is due to end in February. The wording of the concession was that it related to students applying before February so the assumption is that it will end on 31 January.
· The process driven nature of the Points Based System has lead to concerns by the UKBA that colleges are taking students without fulfilling the requirement to satisfy themselves that a student is capable of following the course. This applies particularly to a student’s ability to speak/understand English and we have seen a number of cases where this has been challenged including by immigration officers on arrival in respect of students who have already been issued with visas. The visa letter requires a sponsor to quote the evidence on which the student’s ability to follow the course has been assessed and this requirement is carried forward for the issuing of Confirmation of Acceptance for Studies under the Sponsorship Management System.
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