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
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