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.
