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