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.
