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
