Tier 4
UKCISA Tier 4 Survey
UKCISA has published its second major survey of international students’ experience of visas. Whilst the survey recognises some improvements, there are a number of areas of continuing concern including:
• Confusion caused by frequent changes to the Rules and Guidance
• Lack of clear information and advice
• Costs and effort required to assemble the necessary evidence and of travelling to provide biometrics or to deliver or collect documents
• The number of applications refused initially for minor errors or omissions.
Students also report feeling less welcome in the UK following recent policy changes, Government statements and media reports aimed at students and are particularly concerned about the abolition of the Post Study Work scheme and lack of information concerning its successor arrangements.
The survey also notes that it includes only the views of those who chose to come to the UK and that the views of those who decided not to do so are likely to be more negative.
http://www.ukcisa.org.uk/files/pdf/about/material_media/tier4_survey2011_final.pdf
Tier 1 & 2
Settlement: Minimum annual pay for highly skilled workers
The Migration Advisory Committee (MAC) has recommended that minimum pay is the best way to select which highly skilled migrant workers should be eligible for settlement.
The MAC was commissioned by the government in June to identify the most suitable economic criteria for determining which Tier 2 migrant workers could settle permanently in the UK and what the economic effects of restricting or removing settlement rights would be.
Their recommendations include:
• A simple pay threshold be used to decide eligibility for automatic settlement among Tier 2 (general) migrants.
• Migrants entering through the Tier 1 (exceptional talent) route to proceed to settlement after 5 years subject to continuing to meet the criteria for that route
• A pay threshold between £31,000 and £49,000 for Tier 2 (general), set at the time of entry and adjusted for inflation or changes to average pay, would be economically defensible.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/11-minimum-annual-pay
Changes to the shortage occupation list come into effect
Specialist jobs that the Migration Advisory Committee (MAC) recommended are no longer required have been removed from the government-approved list.
Details of the occupations that have been removed can be viewed at the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/18-short-occup
The Shortage Occupation list, valid from 14th November 2011, can be viewed via the following link: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlistnov11.pdf
Extension of employment restrictions for Bulgarian and Romanian nationals
The Immigration Minister, Damian Green, has announced that controls to restrict how Bulgarian and Romanian nationals access the UK labour market will be extended until the end of 2013.
This means Romanian and Bulgarian (EU2) nationals seeking to work in the UK will continue to require permission from the UK Border Agency before they can work in the UK.
The extension of the restrictions does not affect the position of those who have already received visas or work permits to work in the UK.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/44-labour-restrictions
Quarterly reports detailing the penalties given for employing illegal workers to be published
UK Border Agency has announced they will shortly publish quarterly reports detailing the penalties given to people or organisations who employ illegal workers.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/35illegal-workers-reports
General Immigration Matters
Government announcement on settlement reforms
The Home Secretary has outlined the government’s approach to reform of the settlement rules, including a decision not to pursue the ‘earned citizenship’ policy.
Earned citizenship concerned the path to settlement and British citizenship, and was planned to come into force in July 2011. It will now not be introduced.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/nov/15-settlement-reforms
New policy guidance on the marriage visa age
UKBA has issued new policy guidance following the judgement of the Supreme Court in the case of Quila and Bibi v Secretary of State for the Home Department [2011] UKSC 45.
The Supreme Court has ruled that, whilst they recognised that the Secretary of State was pursuing a legitimate and rational aim of seeking to address forced marriage, the change to the rule (increasing the minimum marriage visa age from 18 to 21) disproportionately interfered with the Article 8 rights of those who were in genuine marriages.
Changes to the Immigration Rules have been laid in Parliament to reinstate a minimum age of 18 for a spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or same-sex partner and for their sponsor in order to qualify for entry clearance, leave to enter, leave to remain or a variation of leave on that basis. These rules came into effect on 28 November 2011.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/10-marriage-visa-age
The revised approach affects applicants whose visa applications were refused between 27 November 2008 and October 2011 because their sponsor was aged between 18 and 20. The policy guidance sets out how such applicants can apply for a review of the original decision of the refusal due to the age requirement by 31 May 2012.
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/review-age-decision1/
Minimum salary for sponsorship under family route should be raised
The government commissioned the MAC to consider what the minimum income threshold should be for a British resident sponsoring a spouse, partner or dependent for settlement in the UK under the family route. This was part of the government’s review of the family migration routes.
The MAC has recommended a minimum salary of between £18,600 and £25,700 before tax be introduced for UK residents sponsoring a partner or dependant for citizenship.
Currently the threshold is an annual income of £5,500 after tax, excluding housing costs. This is equivalent to £13,700 before tax and including housing costs.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/30-family-route
Net Migration at record high for 2010
Data from the Office for National Statistics has shown that the annual net migration to the UK in 2010 was 252,000 – the highest calendar year figure on record.
Immigration remained steady at 591,000, but there was a drop in the number of people leaving the UK.
Provisional data from the ONS for the 12 months to the end of March suggests net migration has since fallen slightly to 245,000.
http://www.bbc.co.uk/news/uk-15917051
Trafficked people being treated as criminals by officials
An inquiry by Lady Helena Kennedy QC has found that victims of human trafficking are being unfairly treated as criminals and illegal immigrants. The investigation concluded that police and immigration authorities fail to see the thousands of women, men and children trafficked into Britain as the innocent victims of organised crime whose own basic rights have been breached.
Kennedy’s report to the Scottish office of the Equality and Human Rights Commission (EHRC), published after an 18-month inquiry, calls on the UK and Scottish governments to introduce legislation and criminal justice policies which will tackle trafficking as a specific crime and support its victims.
http://www.guardian.co.uk/law/2011/nov/27/human-trafficking-crime-victims?INTCMP=SRCH
New application form and guidance for naturalisation
The UKBA has published a new version of Form AN, which is used to apply for naturalisation as British citizen.
The existing naturalisation guidance has been split into 2 documents:
• Guide AN which explains how to complete the form; and
• Booklet AN which gives more detail about the requirements for naturalisation
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/nov/56-new-an-form-guidance
Veristat Services
Colleges for Sale or Purchase
We are receiving an increasing number of enquiries from people wishing to sell or purchase a private school or college. If you have a college for sale or are interested in purchasing, please contact us for further information on how we may be able to assist. Contact enquiries@veristat.co.uk
HTS applications and immigration support
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 at enquiries@veristat.co.uk for a no commitment discussion if you think you would benefit from any of these services.
New Employers’ Website
Veristat has launched a new website dedicated to supporting employers with immigration on immigration issues. Services on the website include:
• Compliance, audits to reduce your organisation’s risk of incurring a civil penalty and provide reassurance that you’re complying with immigration law. Includes franchisee, branch and outlet compliance and support in the event of a civil penalty or prosecution through our partners Quist Solicitors.
• Sponsorship under the Points Based System, including obtaining a UKBA licence, upgrading from a B rating, action plans, suspension and revocation of licences. Procedures for the recruitment and continuing employment of non-EEA nationals, acting as a Level 1 or Level 2 user, monitoring and managing employees to ensure compliance with UKBA requirements.
• Advice covering any immigration related matter including leave to enter the UK and further leave to remain applications for business visitors and employees.
• Training and workshops on operating under the Points Based System, including how to examine passports and other immigration documents.
• Document checking, including passport, visas and references for employees.
The URL of the new Employers' website is: www.hrimmigration.co.uk
Thursday 1 December 2011
Tuesday 1 November 2011
Immigration Notes: November 2011
Tier 4
HTS: Failure to Complete a course
Following the publication of the September Guidance, the UKBA stated that the concession which excluded students who had changed college, status or left the UK from those counted as having failed to complete their course, would no longer apply. We subsequently raised this issue with the UKBA and they have now replied stating that they have reviewed the decision and that the concession will continue to apply. Students who change their college, change immigration status or leave the UK will NOT be included amongst those who are considered for HTS purposes as having failed to complete their course.
Changes to Lists of English Language Tests
The UK Border Agency have made some amendments to the list of approved English language test providers for applications made under Tiers 1, 2 and 4 of the points-based system and for spouse and partner applications.
The amendments include:
• three tests awarded by Cambridge ESOL now offer certification at 3 levels of the Common European Framework rather than just 2 levels.
• The Educational Testing Service (ETS) have updated their web address for their test of English for international communication (TOEIC) and test of English as a foreign language (TOEFL)
• Pearson have updated their contact details and clarified that they do not issue paper certificates
• separate certificate and notification of candidate results sheet are required for speaking part of the City and Guilds English language test
A revised list can be downloaded from the below link. http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/new-approved-english-tests.pdf
Guidance for Tier 4 Sponsors – published in new format
UK Border Agency has published the Tier 4 guidance in a new format, although its contents are the same as the guidance they published on 5 September 2011.
The Sponsor Guidance can be downloaded from the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/
Arrangements for Tier 4 sponsors allocated zero CAS under the Interim limit
The UK Border Agency has announced new arrangements for Tier 4 sponsors who were granted their sponsor licence between 16 December 2010 and 28 February 2011, and were allocated zero confirmations of acceptance for studies (CAS) under the Tier 4 interim limit.
Any sponsors who were granted their licence between these dates, and who did not assign CASs before 28 February 2011, were allocated zero CAS under the interim limit.
These sponsors:
• are now eligible to claim a CAS allocation in line with the policy and guidance for sponsors who did not have a Tier 4 sponsor licence during the period 1 March 2010 to 28 February 2011, as set out in Appendix A, paragraph 115H(i)(c) of the Immigration Rules.
• can apply for educational oversight, where they did not do so by the original deadline of 9 September 2011. These applications must be received by 11 November 2011.
• Will also be required to apply for Highly Trusted Sponsor status by the end of March 2012 or once they have held their licence for 12 months, whichever is later.
Further information about claiming a CAS allocation, applying for education oversight and applying for Highly Trusted Sponsor status can be found at the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/53-t4-sponsors-zero-cas
List of Financial Institutions for Tier 4 published
UKBA has published an initial list of financial institutions that they consider do not verify financial statements to their satisfaction.
This list will be used by UKBA when verifying maintenance funds under Tier 4 of the points-based system. If an applicant submits documents showing that funds are held in a financial institution on the list, then they will receive no points for maintenance.
There will be a 30-day notice period from the date when a financial institution is first listed before the new rule takes place. This will enable applicants to make the necessary financial arrangements, so that they can provide financial documentation that meets the new requirements.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/57-financial-institutions
You can view the list, as well as details of the criteria UKBA use to assess financial institutions, at the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/studying/financial-institutions/
Tier 4 Inspection Planned
The Independent Chief Inspector of the UKBA is planning to undertake an inspection of students under Tier 4 of the points-based system. You can email comments via the ICI website http://icinspector.independent.gov.uk/.
British Council Report on Continued Growth in International Students
A British Council publication argues that the demand for UK education will still continue to grow, despite global competition. According by a study conducted by the Economist Intelligence Unit, UK universities are seen as more prestigious than higher education institutions in competitor countries. They are only overtaken by the top Ivy League in the US. The study also includes useful insights into the reasons influencing students’ choice of the UK.
http://www.britishcouncil.org/new/press-office/press-releases/British-Council-research-shows-overseas-demand-for-UK-education-will-continue-to-grow/
Australian Universities Increase English Requirements
In Australia, universities have started toughening up English rules. Undergraduate from abroad study business and commerce courses and many of these have a poor level of English. Like many of its competitors, the University of Sydney set a minimum entry score of 6.5 on the International English Language Testing System. Starting next year, Sydney will demand a minimum score of 7. Universities may need to give the government assurances on English entry standards in order to win access to next year's streamlined visa process for offshore recruitment.
http://www.pieronline.org/default.aspx?page=newsarticle&NewsId=3291
Tiers 1 and 2
Tier 2: Changes to settlement requirements for Tier 2 migrants and work permit holders
Further changes have been made to the Immigration Rules meaning that, from 31 October 2011, Work permit holders and Tier 2 migrants will need to provide specified documents to confirm that they are being paid at or above the appropriate rate for their job. This is in addition to the employer’s confirmation.
From 31 October, any settlement application by a Tier 2 migrant or a work permit holder must include:
a payslip and a personal bank or building society statement; or
a payslip and a building society pass book
The UK Border Agency will refuse any applications that do not include this evidence.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/56-settlement-t2-wp
Tier 2: Reduction in jobs available to migrants
The government has accepted recommendations from the Migration Advisory Committee (MAC) to reduce the number of specialist jobs on the government-approved list. The number of jobs covered by the list will drop by 40,000, bringing the total down from 230,000 to 190,000.
The MAC recommended these changes where evidence from a range of industries and sectors showed resident workers are available to fill the vacancies.
A list of those occupations recommended be removed from the list can be found at the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/45-migrant-jobs-reduction
General Immigration Matters
‘Health tourists’ to pay for NHS debts
UKBA has announced that overseas visitors who fail to pay off their debts for NHS treatment will shortly be denied permission to enter or stay in the UK.
Changes to the Immigration Rules have been laid before Parliament, meaning that those subject to immigration control who fail to settle an outstanding bill of £1,000 or more will not be allowed to enter or remain in the UK until the debt is paid off.
The NHS will provide information to enable UKBA to identify the debtors and – when they apply to return or remain in the UK – to refuse their applications. The information sharing arrangements are being phased in over the coming months.
The written ministerial statement by Damien Green can be downloaded from the following link.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/19health-tourists-nhs
New application form and guidance for ‘Naturalisation’
UKBA has published a new version of Form AN, which is used to apply for naturalisation as a British Citizen.
The existing naturalisation guidance is now split into 2 documents:
Guide AN – which is an explanation of how to complete the form; and
Booklet AN – this gives more detail about the requirements for naturalisation and the way that the Secretary of State exercises his discretion.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/nov/56-new-an-form-guidance
Taiwan: Youth Mobility Scheme
Starting January 2012, Taiwanese young people will be able to come to the UK as part of the youth mobility scheme. 1,000 Taiwanese between 18 and 30 years old will be allowed to live and work in the UK for up to 2 years and the same number of British people will be eligible to apply to go to Taiwan. Before applying for a visa to come to the UK, Taiwanese applicants will have to get a certificate of sponsorship from Taiwan’s National Youth Commission.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/06-taiwan-youth-mobility?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Veristat Services
HTS applications and immigration support
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 enquiries@veristat.co.uk
New Employers’ Website
Veristat has launched a new website dedicated to supporting employers with immigration on immigration issues. Services on the website include:
• Compliance, audits to reduce your organisation’s risk of incurring a civil penalty and provide reassurance that you’re complying with immigration law. Includes franchisee, branch and outlet compliance and support in the event of a civil penalty or prosecution through our partners Quist Solicitors.
• Sponsorship under the Points Based System, including obtaining a UKBA licence, upgrading from a B rating, action plans, suspension and revocation of licences. Procedures for the recruitment and continuing employment of non-EEA nationals, acting as a Level 1 or Level 2 user, monitoring and managing employees to ensure compliance with UKBA requirements.
• Advice covering any immigration related matter including leave to enter the UK and further leave to remain applications for business visitors and employees.
• Training and workshops on operating under the Points Based System, including how to examine passports and other immigration documents.
• Document checking, including passport, visas and references for employees.
HTS: Failure to Complete a course
Following the publication of the September Guidance, the UKBA stated that the concession which excluded students who had changed college, status or left the UK from those counted as having failed to complete their course, would no longer apply. We subsequently raised this issue with the UKBA and they have now replied stating that they have reviewed the decision and that the concession will continue to apply. Students who change their college, change immigration status or leave the UK will NOT be included amongst those who are considered for HTS purposes as having failed to complete their course.
Changes to Lists of English Language Tests
The UK Border Agency have made some amendments to the list of approved English language test providers for applications made under Tiers 1, 2 and 4 of the points-based system and for spouse and partner applications.
The amendments include:
• three tests awarded by Cambridge ESOL now offer certification at 3 levels of the Common European Framework rather than just 2 levels.
• The Educational Testing Service (ETS) have updated their web address for their test of English for international communication (TOEIC) and test of English as a foreign language (TOEFL)
• Pearson have updated their contact details and clarified that they do not issue paper certificates
• separate certificate and notification of candidate results sheet are required for speaking part of the City and Guilds English language test
A revised list can be downloaded from the below link. http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/new-approved-english-tests.pdf
Guidance for Tier 4 Sponsors – published in new format
UK Border Agency has published the Tier 4 guidance in a new format, although its contents are the same as the guidance they published on 5 September 2011.
The Sponsor Guidance can be downloaded from the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/
Arrangements for Tier 4 sponsors allocated zero CAS under the Interim limit
The UK Border Agency has announced new arrangements for Tier 4 sponsors who were granted their sponsor licence between 16 December 2010 and 28 February 2011, and were allocated zero confirmations of acceptance for studies (CAS) under the Tier 4 interim limit.
Any sponsors who were granted their licence between these dates, and who did not assign CASs before 28 February 2011, were allocated zero CAS under the interim limit.
These sponsors:
• are now eligible to claim a CAS allocation in line with the policy and guidance for sponsors who did not have a Tier 4 sponsor licence during the period 1 March 2010 to 28 February 2011, as set out in Appendix A, paragraph 115H(i)(c) of the Immigration Rules.
• can apply for educational oversight, where they did not do so by the original deadline of 9 September 2011. These applications must be received by 11 November 2011.
• Will also be required to apply for Highly Trusted Sponsor status by the end of March 2012 or once they have held their licence for 12 months, whichever is later.
Further information about claiming a CAS allocation, applying for education oversight and applying for Highly Trusted Sponsor status can be found at the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/53-t4-sponsors-zero-cas
List of Financial Institutions for Tier 4 published
UKBA has published an initial list of financial institutions that they consider do not verify financial statements to their satisfaction.
This list will be used by UKBA when verifying maintenance funds under Tier 4 of the points-based system. If an applicant submits documents showing that funds are held in a financial institution on the list, then they will receive no points for maintenance.
There will be a 30-day notice period from the date when a financial institution is first listed before the new rule takes place. This will enable applicants to make the necessary financial arrangements, so that they can provide financial documentation that meets the new requirements.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/57-financial-institutions
You can view the list, as well as details of the criteria UKBA use to assess financial institutions, at the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/studying/financial-institutions/
Tier 4 Inspection Planned
The Independent Chief Inspector of the UKBA is planning to undertake an inspection of students under Tier 4 of the points-based system. You can email comments via the ICI website http://icinspector.independent.gov.uk/.
British Council Report on Continued Growth in International Students
A British Council publication argues that the demand for UK education will still continue to grow, despite global competition. According by a study conducted by the Economist Intelligence Unit, UK universities are seen as more prestigious than higher education institutions in competitor countries. They are only overtaken by the top Ivy League in the US. The study also includes useful insights into the reasons influencing students’ choice of the UK.
http://www.britishcouncil.org/new/press-office/press-releases/British-Council-research-shows-overseas-demand-for-UK-education-will-continue-to-grow/
Australian Universities Increase English Requirements
In Australia, universities have started toughening up English rules. Undergraduate from abroad study business and commerce courses and many of these have a poor level of English. Like many of its competitors, the University of Sydney set a minimum entry score of 6.5 on the International English Language Testing System. Starting next year, Sydney will demand a minimum score of 7. Universities may need to give the government assurances on English entry standards in order to win access to next year's streamlined visa process for offshore recruitment.
http://www.pieronline.org/default.aspx?page=newsarticle&NewsId=3291
Tiers 1 and 2
Tier 2: Changes to settlement requirements for Tier 2 migrants and work permit holders
Further changes have been made to the Immigration Rules meaning that, from 31 October 2011, Work permit holders and Tier 2 migrants will need to provide specified documents to confirm that they are being paid at or above the appropriate rate for their job. This is in addition to the employer’s confirmation.
From 31 October, any settlement application by a Tier 2 migrant or a work permit holder must include:
a payslip and a personal bank or building society statement; or
a payslip and a building society pass book
The UK Border Agency will refuse any applications that do not include this evidence.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/56-settlement-t2-wp
Tier 2: Reduction in jobs available to migrants
The government has accepted recommendations from the Migration Advisory Committee (MAC) to reduce the number of specialist jobs on the government-approved list. The number of jobs covered by the list will drop by 40,000, bringing the total down from 230,000 to 190,000.
The MAC recommended these changes where evidence from a range of industries and sectors showed resident workers are available to fill the vacancies.
A list of those occupations recommended be removed from the list can be found at the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/45-migrant-jobs-reduction
General Immigration Matters
‘Health tourists’ to pay for NHS debts
UKBA has announced that overseas visitors who fail to pay off their debts for NHS treatment will shortly be denied permission to enter or stay in the UK.
Changes to the Immigration Rules have been laid before Parliament, meaning that those subject to immigration control who fail to settle an outstanding bill of £1,000 or more will not be allowed to enter or remain in the UK until the debt is paid off.
The NHS will provide information to enable UKBA to identify the debtors and – when they apply to return or remain in the UK – to refuse their applications. The information sharing arrangements are being phased in over the coming months.
The written ministerial statement by Damien Green can be downloaded from the following link.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/19health-tourists-nhs
New application form and guidance for ‘Naturalisation’
UKBA has published a new version of Form AN, which is used to apply for naturalisation as a British Citizen.
The existing naturalisation guidance is now split into 2 documents:
Guide AN – which is an explanation of how to complete the form; and
Booklet AN – this gives more detail about the requirements for naturalisation and the way that the Secretary of State exercises his discretion.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/nov/56-new-an-form-guidance
Taiwan: Youth Mobility Scheme
Starting January 2012, Taiwanese young people will be able to come to the UK as part of the youth mobility scheme. 1,000 Taiwanese between 18 and 30 years old will be allowed to live and work in the UK for up to 2 years and the same number of British people will be eligible to apply to go to Taiwan. Before applying for a visa to come to the UK, Taiwanese applicants will have to get a certificate of sponsorship from Taiwan’s National Youth Commission.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/06-taiwan-youth-mobility?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Veristat Services
HTS applications and immigration support
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 enquiries@veristat.co.uk
New Employers’ Website
Veristat has launched a new website dedicated to supporting employers with immigration on immigration issues. Services on the website include:
• Compliance, audits to reduce your organisation’s risk of incurring a civil penalty and provide reassurance that you’re complying with immigration law. Includes franchisee, branch and outlet compliance and support in the event of a civil penalty or prosecution through our partners Quist Solicitors.
• Sponsorship under the Points Based System, including obtaining a UKBA licence, upgrading from a B rating, action plans, suspension and revocation of licences. Procedures for the recruitment and continuing employment of non-EEA nationals, acting as a Level 1 or Level 2 user, monitoring and managing employees to ensure compliance with UKBA requirements.
• Advice covering any immigration related matter including leave to enter the UK and further leave to remain applications for business visitors and employees.
• Training and workshops on operating under the Points Based System, including how to examine passports and other immigration documents.
• Document checking, including passport, visas and references for employees.
Monday 3 October 2011
Immigration Notes: October 2011
Tier 4
Highly Trusted Sponsorship for Tier 4 sponsors (New Guidance Published)
Following feedback from the education sector, UKBA has published new guidance on the highly trusted sponsorship for Tier 4 sponsors. This guidance covers:
• Highly Trusted Sponsorship, including the date (9th October 2011) by which Tier 4 sponsors who are eligible need to apply for HTS; what will happen to existing Tier 4 sponsors who do not apply for HTS by the deadline or who do apply and fail; and details of transitional arrangements for sponsors who are not eligible to apply by 9th October 2011.
• Educational oversight, confirming the previously announced detail of the new approach; and information for Tier 4 sponsors who either do not apply by the specified deadline or who apply and fail to obtain it.
There will also be changes to Tier 4 sponsor ratings, as in future, there will be 2 ratings only: ‘A’ rating and Highly Trusted.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/05-tier4
The new HTS guidance can be downloaded from the following webpage:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/guidancefrom31mar09/sponsor-guidance-t4-050911.pdf?view=Binary
The UKBA have also subsequently published answers to some of the questions they have been asked by education providers. These can be downloaded from http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/qahts.pdf
We also note that there is no longer any reference in either the Guidance or the FAQs to not including in the percentage for students who have failed to complete their course those who have returned home, moved college or changed status and we have seen a letter from the UKBA HTS Team stating that they will now be included. If that proves to be the case, we believe that any decision to refuse a college HTS as a result of the inclusion of these figures will be open to challenge.
Academic Progression
We have had a number of enquiries recently about academic progression following correspondence received by colleges from the UKBA reminding them of the need to refer to academic progression on CAS.
Since 4th July 2011, education providers must certify on the CAS that a course represents academic progression where a student has undertaken a previous course in the UK. This does not apply to students coming to the UK for the first time. Nor does it apply if a student is applying for an extension of stay to complete an existing course, even where the course was started in a different institution. However, to be safe, some colleges are referring to academic progression in all cases.
In most cases academic progression will be the taking of a higher level course. However, there may be cases where a student is taking a course at the same or even a lower level. These points are covered in paragraphs 374 and 375 of the Guidance. Note that although allowed under paragraph 375, instances of students taking courses at lower levels should be regarded as exceptional.
At present UKBA caseworkers appear to be reminding colleges where they have overlooked referring to progression but this is unlikely to continue and there will inevitably be cases where a failure to refer to progression will result in refusal. Also note that HTS also includes a requirement that academic progression must be shown in all relevant cases.
Confirmation of academic progression should be included in the evidence provided box on the CAS.
For further information see paragraphs 371 – 375 of the Sponsor Guidance (Version 09/11) http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/guidancefrom31mar09/sponsor-guidance-t4-050911.pdf?view=Binary
Tier 4 Inspection Planned
The Independent Chief Inspector of the UKBA is planning to undertake an inspection of students under Tier 4 of the PBS. You can email comments via the ICI website http://icinspector.independent.gov.uk/
Tier 1 & 2
Tier 2: Consultation over Work Routes leading to settlement has ended
UKBA’s 12-week public consultation on employment related settlement, Tier 5 and overseas domestic workers closed at midnight on Friday 9 September 2011. Over 11,000 responses were received.
The consultation sought views on a range of proposals, including:
• Re-branding the Tier 2 (Skilled worker) route as temporary, ending the assumption that settlement will be available for those who enter on this route
• Allowing certain categories of Tier 2 migrant, for example those earning over £150,000 or occupations of a specific economic or social value to the UK, to retain an automatic route to settlement
• Creating a new category into which, after 3 years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement
• Allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of 5 years with the expectation that they and any dependants will leave at the end of that time
• Introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement
• Restricting the maximum period of leave for Tier 5 temporary workers to 12 months and closing or reforming routes for overseas domestic workers.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/24-consultation
MAC report: Revised shortage occupation list to cover smaller proportion of labour market
The Migration Advisory Committee has advised that the Shortage Occupation List be revised to restrict migrants from outside the European Economic Area to a smaller proportion of occupations within the UK labour market.
The Migration Advisory Committee (MAC) recommends the list be reduced to cover 190,000 employees (not migrants) or well under 1 per cent of the UK workforce. In 2008, before the MAC recommended changes to it, that list covered over 1 million employees. The occupations in the list are the only positions open to migrants from outside the European Economic Area under the shortage occupation route of Tier 2 of the of Points Based System and Tier 2 is subject to an annual limit of 20,700. The latest MAC recommended list provides a more detailed breakdown of the sectors of the labour market affected by shortage. This has enabled the MAC to identify individual job titles rather than broader occupations.
A total of 29 job titles are recommended for removal from the list. They include: secondary school biology teachers; consultants in obstetrics and gynaecology; paediatric surgery; nuclear medicine and paediatric dentistry; veterinary surgeons; and tutti orchestral musicians. The 33 recommended additions to the list include: consultants in emergency medicine; actuaries; specific roles within the visual effects and 2D/3D computer animation for film; television and the video games sectors; high integrity pipe welders; environmental scientists; and operations managers in the decommissioning areas of the nuclear industry and geochemists. The MAC believes that these changes will help to ensure the UK remains a leading global player in these fields. The government will now consider the MAC's recommendations and respond in due course.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/32-mac-revised
General Immigration Matters
Tier 2: Judgement on carers of British Citizens
The Court of Justice of the European Union (ECJ) recently handed down judgement in the case of Ruiz Zambrano (c-34/09). This judgement creates a right to reside and work for the sole carer of a dependent British citizen when that carer has no other right of residence in the UK and removing the carer from the UK would mean the British citizen would have to leave the European Union.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/48-british-carers
UKBA seek feedback on Biometric Residence Permits
UKBA are seeking feedback from anyone who holds a biometric residence permit (formerly known as an identity card for foreign nationals), or have held one in the past.
Please click on the link to the biometric residence permit survey.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/22-residence-permit-bio
EU executive to stop countries bringing back border controls
The Immigration Minister, Damian Green, has reaffirmed the importance of tackling abuse of the family immigration route, and promoting better community integration for those who come to live permanently in the UK.
In a speech at the Centre for Policy Studies on the 15 September, the Minister highlighted research that supports the government’s proposals on family migration. The proposals, which are currently being consulted on, are aimed at what the Government sees as attempts to bypass UK immigration laws.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/40-migration
Axing of migrant return scheme ‘will cost taxpayers £2m a year
A scheme allowing vulnerable people to return to their country of origin is to be abolished by the government at a cost of millions to the taxpayer. The travel assistance scheme was introduced almost 40 years ago to help immigrants who have acquired British citizenship return home if they have problems integrating or finding work. The scheme has recently helped individuals to return to Iraq and Afghanistan, and campaigners calculate that it has saved £20m over the past decade in state benefits, housing and health provision. The decision to shut the scheme means that some individuals seeking to leave the UK will no longer be able to do so.
UKBA has also capped the scheme at £100,000 since 2004 so many individuals who wish to return home have been unable to do so, a decision that has already cost the UK millions of pounds in potential savings.
http://www.guardian.co.uk/uk/2011/sep/24/axing-migrant-return-scheme-cost
Veristat Services
Student Recruitment
In response to requests from colleges and students, we have introduced a FIND A COLLEGE service on our student visas website www.studentvisasuk.co.uk
Students who are interested in studying in the UK enter their details via our website and are encouraged to specify a college or university and location where they would like to study, We circulate weekly list to colleges and universities who have registered with us as wishing to recruit international students; you select the students in whom you are interested; and we send you their contact details by return. As an introductory offer, there is no charge for registering. The service provides a highly cost effective way of recruiting students worldwide and we can also help in processing their visas. For further details of the service and costs please email maria@veristat.co.uk
Student Visa applications
We are increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk
HTS applications and immigration support
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 enquiries@veristat.co.uk
Highly Trusted Sponsorship for Tier 4 sponsors (New Guidance Published)
Following feedback from the education sector, UKBA has published new guidance on the highly trusted sponsorship for Tier 4 sponsors. This guidance covers:
• Highly Trusted Sponsorship, including the date (9th October 2011) by which Tier 4 sponsors who are eligible need to apply for HTS; what will happen to existing Tier 4 sponsors who do not apply for HTS by the deadline or who do apply and fail; and details of transitional arrangements for sponsors who are not eligible to apply by 9th October 2011.
• Educational oversight, confirming the previously announced detail of the new approach; and information for Tier 4 sponsors who either do not apply by the specified deadline or who apply and fail to obtain it.
There will also be changes to Tier 4 sponsor ratings, as in future, there will be 2 ratings only: ‘A’ rating and Highly Trusted.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/05-tier4
The new HTS guidance can be downloaded from the following webpage:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/guidancefrom31mar09/sponsor-guidance-t4-050911.pdf?view=Binary
The UKBA have also subsequently published answers to some of the questions they have been asked by education providers. These can be downloaded from http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/qahts.pdf
We also note that there is no longer any reference in either the Guidance or the FAQs to not including in the percentage for students who have failed to complete their course those who have returned home, moved college or changed status and we have seen a letter from the UKBA HTS Team stating that they will now be included. If that proves to be the case, we believe that any decision to refuse a college HTS as a result of the inclusion of these figures will be open to challenge.
Academic Progression
We have had a number of enquiries recently about academic progression following correspondence received by colleges from the UKBA reminding them of the need to refer to academic progression on CAS.
Since 4th July 2011, education providers must certify on the CAS that a course represents academic progression where a student has undertaken a previous course in the UK. This does not apply to students coming to the UK for the first time. Nor does it apply if a student is applying for an extension of stay to complete an existing course, even where the course was started in a different institution. However, to be safe, some colleges are referring to academic progression in all cases.
In most cases academic progression will be the taking of a higher level course. However, there may be cases where a student is taking a course at the same or even a lower level. These points are covered in paragraphs 374 and 375 of the Guidance. Note that although allowed under paragraph 375, instances of students taking courses at lower levels should be regarded as exceptional.
At present UKBA caseworkers appear to be reminding colleges where they have overlooked referring to progression but this is unlikely to continue and there will inevitably be cases where a failure to refer to progression will result in refusal. Also note that HTS also includes a requirement that academic progression must be shown in all relevant cases.
Confirmation of academic progression should be included in the evidence provided box on the CAS.
For further information see paragraphs 371 – 375 of the Sponsor Guidance (Version 09/11) http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/guidancefrom31mar09/sponsor-guidance-t4-050911.pdf?view=Binary
Tier 4 Inspection Planned
The Independent Chief Inspector of the UKBA is planning to undertake an inspection of students under Tier 4 of the PBS. You can email comments via the ICI website http://icinspector.independent.gov.uk/
Tier 1 & 2
Tier 2: Consultation over Work Routes leading to settlement has ended
UKBA’s 12-week public consultation on employment related settlement, Tier 5 and overseas domestic workers closed at midnight on Friday 9 September 2011. Over 11,000 responses were received.
The consultation sought views on a range of proposals, including:
• Re-branding the Tier 2 (Skilled worker) route as temporary, ending the assumption that settlement will be available for those who enter on this route
• Allowing certain categories of Tier 2 migrant, for example those earning over £150,000 or occupations of a specific economic or social value to the UK, to retain an automatic route to settlement
• Creating a new category into which, after 3 years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement
• Allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of 5 years with the expectation that they and any dependants will leave at the end of that time
• Introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement
• Restricting the maximum period of leave for Tier 5 temporary workers to 12 months and closing or reforming routes for overseas domestic workers.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/24-consultation
MAC report: Revised shortage occupation list to cover smaller proportion of labour market
The Migration Advisory Committee has advised that the Shortage Occupation List be revised to restrict migrants from outside the European Economic Area to a smaller proportion of occupations within the UK labour market.
The Migration Advisory Committee (MAC) recommends the list be reduced to cover 190,000 employees (not migrants) or well under 1 per cent of the UK workforce. In 2008, before the MAC recommended changes to it, that list covered over 1 million employees. The occupations in the list are the only positions open to migrants from outside the European Economic Area under the shortage occupation route of Tier 2 of the of Points Based System and Tier 2 is subject to an annual limit of 20,700. The latest MAC recommended list provides a more detailed breakdown of the sectors of the labour market affected by shortage. This has enabled the MAC to identify individual job titles rather than broader occupations.
A total of 29 job titles are recommended for removal from the list. They include: secondary school biology teachers; consultants in obstetrics and gynaecology; paediatric surgery; nuclear medicine and paediatric dentistry; veterinary surgeons; and tutti orchestral musicians. The 33 recommended additions to the list include: consultants in emergency medicine; actuaries; specific roles within the visual effects and 2D/3D computer animation for film; television and the video games sectors; high integrity pipe welders; environmental scientists; and operations managers in the decommissioning areas of the nuclear industry and geochemists. The MAC believes that these changes will help to ensure the UK remains a leading global player in these fields. The government will now consider the MAC's recommendations and respond in due course.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/32-mac-revised
General Immigration Matters
Tier 2: Judgement on carers of British Citizens
The Court of Justice of the European Union (ECJ) recently handed down judgement in the case of Ruiz Zambrano (c-34/09). This judgement creates a right to reside and work for the sole carer of a dependent British citizen when that carer has no other right of residence in the UK and removing the carer from the UK would mean the British citizen would have to leave the European Union.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/48-british-carers
UKBA seek feedback on Biometric Residence Permits
UKBA are seeking feedback from anyone who holds a biometric residence permit (formerly known as an identity card for foreign nationals), or have held one in the past.
Please click on the link to the biometric residence permit survey.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/22-residence-permit-bio
EU executive to stop countries bringing back border controls
The Immigration Minister, Damian Green, has reaffirmed the importance of tackling abuse of the family immigration route, and promoting better community integration for those who come to live permanently in the UK.
In a speech at the Centre for Policy Studies on the 15 September, the Minister highlighted research that supports the government’s proposals on family migration. The proposals, which are currently being consulted on, are aimed at what the Government sees as attempts to bypass UK immigration laws.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/40-migration
Axing of migrant return scheme ‘will cost taxpayers £2m a year
A scheme allowing vulnerable people to return to their country of origin is to be abolished by the government at a cost of millions to the taxpayer. The travel assistance scheme was introduced almost 40 years ago to help immigrants who have acquired British citizenship return home if they have problems integrating or finding work. The scheme has recently helped individuals to return to Iraq and Afghanistan, and campaigners calculate that it has saved £20m over the past decade in state benefits, housing and health provision. The decision to shut the scheme means that some individuals seeking to leave the UK will no longer be able to do so.
UKBA has also capped the scheme at £100,000 since 2004 so many individuals who wish to return home have been unable to do so, a decision that has already cost the UK millions of pounds in potential savings.
http://www.guardian.co.uk/uk/2011/sep/24/axing-migrant-return-scheme-cost
Veristat Services
Student Recruitment
In response to requests from colleges and students, we have introduced a FIND A COLLEGE service on our student visas website www.studentvisasuk.co.uk
Students who are interested in studying in the UK enter their details via our website and are encouraged to specify a college or university and location where they would like to study, We circulate weekly list to colleges and universities who have registered with us as wishing to recruit international students; you select the students in whom you are interested; and we send you their contact details by return. As an introductory offer, there is no charge for registering. The service provides a highly cost effective way of recruiting students worldwide and we can also help in processing their visas. For further details of the service and costs please email maria@veristat.co.uk
Student Visa applications
We are increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk
HTS applications and immigration support
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 enquiries@veristat.co.uk
Wednesday 7 September 2011
Highly Trusted Sponsor Guidance
• The new HTS Guidance was published on 5th September 2011 in an updated version of the sponsor guidance http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/guidancefrom31mar09/sponsor-guidance-t4-050911.pdf?view=Binary
• Unsurprisingly, the key elements of the HTS Guidance are much as had been set out in the consultation document. The main clarifications are in relation to transitional arrangements for A and B rated colleges; the deadline for HTS applications; and how to calculate the percentages under the mandatory and measurable requirements.
Transitional Arrangements
• HTS requires a college to have had a UKBA licence for 12 months and an A rating for 6 months. Any college that does not already have HTS and meets these criteria must apply for HTS by 9th October 2011. If a college in these circumstances does not apply before the deadline, its licence will be revoked.
• In all cases, in order to be able to continue towards HTS, a sponsor must have applied for the new educational oversight arrangements (e.g. QAA or ISI) by the deadlines set. If a college does not do so, it will become a “legacy sponsor”. A legacy sponsor will have its details removed from the Tier 4 register and its CAS allocation set to zero. Students at the college will be able to continue until the completion of their courses (or the expiry of the licence whichever is the sooner) and the college will be able to apply for CAS for them to extend their stay where necessary to complete the course. Where CAS have been issued before the college is designated as a “legacy sponsor” the student will still be allowed to apply for a visa and join the course (see paragraphs 79 – 85 of the Guidance).
• If a college has previously been refused HTS, it must re-apply for HTS no later than 6 months after the date of the UKBA letter notifying the previous refusal or by 9th October 2011, whichever is the later.
• If a college has not had a licence for 12 months, it must apply as soon as it has had the licence for 12 months. Similarly, if a college has not had an A rating for 6 months, it must apply for HTS as soon as the 6 month point is reached.
• If a college is B rated and the only reason for the B rating is the lack of a full accreditation from one of the previous bodies (e.g. ASIC/BAC); or if you have met the other conditions of your action plan; and the college has applied for accreditation by QAA/ISI by 9th September 2011 then the college can apply for and will be granted an A rating subject to there being no further concerns. The college will then be granted a proportionate number of CAS. At this point the Guidance refers back to paragraphs 179-180 on how the allocation will be calculated, which in turn refers back to the 2010/11 comparative period. This concession does not therefore appear to help those colleges who were allocated zero CAS under the interim limit because they did not issue any CAS during the comparative period.
• If a college has been B rated and has not been A rated for 6 months, the college must apply for HTS as soon as it has been A rated for 6 months.
• An application for HTS can be made up to one month before the due date but the application will not start to be processed until the due date is reached. Colleges should then expect to wait around 12 weeks whilst the application is being processed.
HTS Criteria
• The criteria are divided into the mandatory and measurable as per the consultation document and can be found in paragraph 270 of the Guidance. All calculations are based on the 12 month period prior to the date of the application.
• Refusals (mandatory less than 20%) will be calculated as a percentage of CAS you have assigned over the 12 month period and which students have used to make an application for a visa or leave to remain.
• Enrolment rate (mandatory more than 90%) is the number of students who have been issued with a visa and who have enrolled on the course. So, if 100 students were granted visas and two failed to enrol (so called “no shows”) your percentage would be 98% enrolled.
• Course completion (mandatory 85%) is the number of students whose courses were due to end during the 12 month period but who failed to complete the course. The percentage is calculated as the percentage of all students who were due to complete the course during the period. Note that this is slightly different from the measures above because it relates to those whose courses were due to END in the 12 month period. In some cases they may therefore have been issued a CAS before the start of the 12 month period. Whilst recognising what the UKBA is trying to achieve, in my view this is an unsatisfactory measure as the baseline will vary in accordance with the mix and length of courses run by the college and their recruitment policies. The UKBA also recognises that if no students were due to complete a course during the 12 month period, this criterion will not be assessed. On the positive side, the previous criteria of assessing the number of students who left within a particular segment of a course is not included under the new arrangements.
• The Guidance does not refer to exceptions for where a student has moved to another college or left the UK. We are writing to the UKBA to confirm that these exceptions still apply.
• Course progression. This covers the requirement for colleges to have confirmed academic progression on CAS as required in accordance with paragraphs 371 – 377 of the Guidance.
• If an HTS application scores less than 70 points on the measurable criteria this may be referred to as a near miss and the college will be allowed to submit a further application. The Guidance does not define what constitutes a “near miss”. The consultation document referred to a waiting period of 3 months before re-application but there is no specific timing in the Guidance only that UKBA will write and state when a further application can be made. The Guidance states that if a second application is refused, the college’s licence will be revoked; and if it is a further “near miss”, the college will become a legacy sponsor.
Applications
• A new HTS application form has been published on the UKBA website.
• The form no longer asks for the college to enter details of their percentages under the various criteria. This will in future be done by UKBA.
• The spreadsheet is still available on the website. This does not need to be sent with the application but it is recommended that colleges complete it in case it is requested and also to provide a means of self assessment as we have seen a number of cases where the data used by the UKBA has proved to be incorrect.
• Unsurprisingly, the key elements of the HTS Guidance are much as had been set out in the consultation document. The main clarifications are in relation to transitional arrangements for A and B rated colleges; the deadline for HTS applications; and how to calculate the percentages under the mandatory and measurable requirements.
Transitional Arrangements
• HTS requires a college to have had a UKBA licence for 12 months and an A rating for 6 months. Any college that does not already have HTS and meets these criteria must apply for HTS by 9th October 2011. If a college in these circumstances does not apply before the deadline, its licence will be revoked.
• In all cases, in order to be able to continue towards HTS, a sponsor must have applied for the new educational oversight arrangements (e.g. QAA or ISI) by the deadlines set. If a college does not do so, it will become a “legacy sponsor”. A legacy sponsor will have its details removed from the Tier 4 register and its CAS allocation set to zero. Students at the college will be able to continue until the completion of their courses (or the expiry of the licence whichever is the sooner) and the college will be able to apply for CAS for them to extend their stay where necessary to complete the course. Where CAS have been issued before the college is designated as a “legacy sponsor” the student will still be allowed to apply for a visa and join the course (see paragraphs 79 – 85 of the Guidance).
• If a college has previously been refused HTS, it must re-apply for HTS no later than 6 months after the date of the UKBA letter notifying the previous refusal or by 9th October 2011, whichever is the later.
• If a college has not had a licence for 12 months, it must apply as soon as it has had the licence for 12 months. Similarly, if a college has not had an A rating for 6 months, it must apply for HTS as soon as the 6 month point is reached.
• If a college is B rated and the only reason for the B rating is the lack of a full accreditation from one of the previous bodies (e.g. ASIC/BAC); or if you have met the other conditions of your action plan; and the college has applied for accreditation by QAA/ISI by 9th September 2011 then the college can apply for and will be granted an A rating subject to there being no further concerns. The college will then be granted a proportionate number of CAS. At this point the Guidance refers back to paragraphs 179-180 on how the allocation will be calculated, which in turn refers back to the 2010/11 comparative period. This concession does not therefore appear to help those colleges who were allocated zero CAS under the interim limit because they did not issue any CAS during the comparative period.
• If a college has been B rated and has not been A rated for 6 months, the college must apply for HTS as soon as it has been A rated for 6 months.
• An application for HTS can be made up to one month before the due date but the application will not start to be processed until the due date is reached. Colleges should then expect to wait around 12 weeks whilst the application is being processed.
HTS Criteria
• The criteria are divided into the mandatory and measurable as per the consultation document and can be found in paragraph 270 of the Guidance. All calculations are based on the 12 month period prior to the date of the application.
• Refusals (mandatory less than 20%) will be calculated as a percentage of CAS you have assigned over the 12 month period and which students have used to make an application for a visa or leave to remain.
• Enrolment rate (mandatory more than 90%) is the number of students who have been issued with a visa and who have enrolled on the course. So, if 100 students were granted visas and two failed to enrol (so called “no shows”) your percentage would be 98% enrolled.
• Course completion (mandatory 85%) is the number of students whose courses were due to end during the 12 month period but who failed to complete the course. The percentage is calculated as the percentage of all students who were due to complete the course during the period. Note that this is slightly different from the measures above because it relates to those whose courses were due to END in the 12 month period. In some cases they may therefore have been issued a CAS before the start of the 12 month period. Whilst recognising what the UKBA is trying to achieve, in my view this is an unsatisfactory measure as the baseline will vary in accordance with the mix and length of courses run by the college and their recruitment policies. The UKBA also recognises that if no students were due to complete a course during the 12 month period, this criterion will not be assessed. On the positive side, the previous criteria of assessing the number of students who left within a particular segment of a course is not included under the new arrangements.
• The Guidance does not refer to exceptions for where a student has moved to another college or left the UK. We are writing to the UKBA to confirm that these exceptions still apply.
• Course progression. This covers the requirement for colleges to have confirmed academic progression on CAS as required in accordance with paragraphs 371 – 377 of the Guidance.
• If an HTS application scores less than 70 points on the measurable criteria this may be referred to as a near miss and the college will be allowed to submit a further application. The Guidance does not define what constitutes a “near miss”. The consultation document referred to a waiting period of 3 months before re-application but there is no specific timing in the Guidance only that UKBA will write and state when a further application can be made. The Guidance states that if a second application is refused, the college’s licence will be revoked; and if it is a further “near miss”, the college will become a legacy sponsor.
Applications
• A new HTS application form has been published on the UKBA website.
• The form no longer asks for the college to enter details of their percentages under the various criteria. This will in future be done by UKBA.
• The spreadsheet is still available on the website. This does not need to be sent with the application but it is recommended that colleges complete it in case it is requested and also to provide a means of self assessment as we have seen a number of cases where the data used by the UKBA has proved to be incorrect.
Monday 5 September 2011
Immigration Notes: September 2011
Immigration Notes: September 2011
Tier 4
Tier 4 visa cuts are to be challenged in court
The Association of UK Private Schools and Colleges has been given the go ahead to challenge government plans to cut student visas. A judge gave the Association of UK Private Schools and Colleges permission to ask the high court to review plans to cut student visas.
Deputy high court judge Charles George, QC, said that the Association could seek a high court ruling. At a preliminary high court hearing in London, he said the association had an "arguable" case for a review. But he thought college bosses would face an "uphill task" in persuading a judge that the Home Secretary had acted unreasonably.
http://www.guardian.co.uk/education/2011/aug/15/colleges-challenge-student-visa-clampdown
Students with International baccalaureate qualifications
Students relying on International Baccalaureate qualifications awarded in July 2011 will not be able to provide their certificates in time to apply for university courses starting in September. Information on how these students can still apply under Tier 4 can be found at
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/57-tier-4?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
There are currently no similar concessions available for A Level students.
Tiers 1 and 2
Tier 1 (Exceptional talent)
The Tier 1 (Exceptional talent) category of the points-based system is open for applications. This category is for people who are recognised at an international level in the fields of science and arts. The applications for Tier 1 (Exceptional talent) must be made from abroad.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/23-t1et-open?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Tier 2: Changes affecting restricted certificate of sponsorship (RCoS) applications
On 1 October 2011 UKBA will be introducing changes to the sponsorship management system (SMS), which will affect the way sponsors apply for restricted certificates of sponsorship (RCoS) in Tier 2 General. The changes will allow sponsors to use the sponsorship management system account to:
• submit applications for restricted certificates of sponsorship;
• withdraw applications for restricted certificates of sponsorship;
• track the progress and outcome of applications for restricted certificates of sponsorship;
• base a new application for restricted certificates of sponsorship on the details submitted in a previous application; and
• view restricted certificates of sponsorship allocation including the number of restricted certificates of sponsorship assigned.
There will be transitional arrangements for moving from the current on-line application process to sponsorship management system, which will affect the way sponsors make an application for restricted certificates of sponsorship between 6 September 2011 and 9 October 2011. The transitional arrangements will also affect the dates by which restricted certificates of sponsorship granted prior to 30 September 2011 should be assigned.
Full details together with a timetable can be found via the link below.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/50changes-rcos?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Tier 2: Restricted Certificates of Sponsorship available
The United Kingdom Border Agency figures show that there are 7,000 certificates of sponsorship available to employers under Tier 2 of the points system. 6,223 CAS are carried forward to September, which add to September’s quota of 1,500.
http://www.ein.org.uk/news/over-7000-certificates-sponsorship-available-employers-supply-exceeds-demand
Change to sponsorship methods from 1 October 2011
From 1 October 2011, the UKBA will no longer accept cheque payments for certificates of sponsorship, confirmation of acceptance to study and sponsor applications. They will only accept online payments. The online payment can be made using any of the following cards: Visa (debit or credit), American Express, Delta, Master Card and Maestro.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/51change-sponsorship-payment?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
General Immigration Matters
Validity of online visa applications
The online visa applications form is valid for 30 days from the date when applicants start the application process online. Applicants must ensure that they prepare their documents, pay their visa application fee and book an appointment before the deadline.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/35-visa-application-validity?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Common Travel Area Report
The UKBA has published a report on the new border arrangements at Northern Ireland sea ports. It outlines the emerging findings from the initial review of the new arrangements and it assesses their impact over the period 1 January and 30 April 2011. The conclusion of the report is that these arrangements have been successful in increasing the number of immigration offenders detected. A further assessment will be made during early 2012.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/02-cta?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Improved service for booking UK appointments online
The UKBA has launched a new improved online service for booking appointments at public enquiry offices and biometric enrolment centres in the UK. Users create an online account and can then book and reschedule appointments online without needing to phone UKBA. All UK appointments will be available to book online, except those at Belfast public enquiry office where the appointment will need to be made by telephone.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/08-booking-appointments
Language tests for partners
The UK Border Agency has published a list of approved providers of English language tests for non-European migrants applying to come to the UK to join or marry their settled partner.
On 26 July, the UKBA announced that English language tests will be compulsory for these migrants from 29 November 2010.
From that date, any migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English, by taking an English language test with one of the UKBA’s approved test providers. The term 'partner' means husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or proposed civil partner. The tests will be compulsory for people applying from within the UK, and for visa applicants from overseas.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/275292/46-english-test-partners
A full list of the approved test providers for partners is available via the following link
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/partners-other-family/english-tests-partners.pdf
Veristat Services
Student Visa applications
We are increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk
HTS applications and immigration support
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 enquiries@veristat.co.uk
Tier 4
Tier 4 visa cuts are to be challenged in court
The Association of UK Private Schools and Colleges has been given the go ahead to challenge government plans to cut student visas. A judge gave the Association of UK Private Schools and Colleges permission to ask the high court to review plans to cut student visas.
Deputy high court judge Charles George, QC, said that the Association could seek a high court ruling. At a preliminary high court hearing in London, he said the association had an "arguable" case for a review. But he thought college bosses would face an "uphill task" in persuading a judge that the Home Secretary had acted unreasonably.
http://www.guardian.co.uk/education/2011/aug/15/colleges-challenge-student-visa-clampdown
Students with International baccalaureate qualifications
Students relying on International Baccalaureate qualifications awarded in July 2011 will not be able to provide their certificates in time to apply for university courses starting in September. Information on how these students can still apply under Tier 4 can be found at
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/57-tier-4?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
There are currently no similar concessions available for A Level students.
Tiers 1 and 2
Tier 1 (Exceptional talent)
The Tier 1 (Exceptional talent) category of the points-based system is open for applications. This category is for people who are recognised at an international level in the fields of science and arts. The applications for Tier 1 (Exceptional talent) must be made from abroad.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/23-t1et-open?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Tier 2: Changes affecting restricted certificate of sponsorship (RCoS) applications
On 1 October 2011 UKBA will be introducing changes to the sponsorship management system (SMS), which will affect the way sponsors apply for restricted certificates of sponsorship (RCoS) in Tier 2 General. The changes will allow sponsors to use the sponsorship management system account to:
• submit applications for restricted certificates of sponsorship;
• withdraw applications for restricted certificates of sponsorship;
• track the progress and outcome of applications for restricted certificates of sponsorship;
• base a new application for restricted certificates of sponsorship on the details submitted in a previous application; and
• view restricted certificates of sponsorship allocation including the number of restricted certificates of sponsorship assigned.
There will be transitional arrangements for moving from the current on-line application process to sponsorship management system, which will affect the way sponsors make an application for restricted certificates of sponsorship between 6 September 2011 and 9 October 2011. The transitional arrangements will also affect the dates by which restricted certificates of sponsorship granted prior to 30 September 2011 should be assigned.
Full details together with a timetable can be found via the link below.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/50changes-rcos?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Tier 2: Restricted Certificates of Sponsorship available
The United Kingdom Border Agency figures show that there are 7,000 certificates of sponsorship available to employers under Tier 2 of the points system. 6,223 CAS are carried forward to September, which add to September’s quota of 1,500.
http://www.ein.org.uk/news/over-7000-certificates-sponsorship-available-employers-supply-exceeds-demand
Change to sponsorship methods from 1 October 2011
From 1 October 2011, the UKBA will no longer accept cheque payments for certificates of sponsorship, confirmation of acceptance to study and sponsor applications. They will only accept online payments. The online payment can be made using any of the following cards: Visa (debit or credit), American Express, Delta, Master Card and Maestro.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/51change-sponsorship-payment?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
General Immigration Matters
Validity of online visa applications
The online visa applications form is valid for 30 days from the date when applicants start the application process online. Applicants must ensure that they prepare their documents, pay their visa application fee and book an appointment before the deadline.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/35-visa-application-validity?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Common Travel Area Report
The UKBA has published a report on the new border arrangements at Northern Ireland sea ports. It outlines the emerging findings from the initial review of the new arrangements and it assesses their impact over the period 1 January and 30 April 2011. The conclusion of the report is that these arrangements have been successful in increasing the number of immigration offenders detected. A further assessment will be made during early 2012.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/02-cta?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Improved service for booking UK appointments online
The UKBA has launched a new improved online service for booking appointments at public enquiry offices and biometric enrolment centres in the UK. Users create an online account and can then book and reschedule appointments online without needing to phone UKBA. All UK appointments will be available to book online, except those at Belfast public enquiry office where the appointment will need to be made by telephone.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/08-booking-appointments
Language tests for partners
The UK Border Agency has published a list of approved providers of English language tests for non-European migrants applying to come to the UK to join or marry their settled partner.
On 26 July, the UKBA announced that English language tests will be compulsory for these migrants from 29 November 2010.
From that date, any migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English, by taking an English language test with one of the UKBA’s approved test providers. The term 'partner' means husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or proposed civil partner. The tests will be compulsory for people applying from within the UK, and for visa applicants from overseas.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/275292/46-english-test-partners
A full list of the approved test providers for partners is available via the following link
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/partners-other-family/english-tests-partners.pdf
Veristat Services
Student Visa applications
We are increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk
HTS applications and immigration support
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 enquiries@veristat.co.uk
Monday 1 August 2011
Immigration Notes: August 2011
Tier 4
Consultation on criteria for becoming a Tier 4 Highly Trusted Sponsor
UKBA has launched a brief consultation on proposed changes to the HTS criteria. The consultation closes on 5th August. We understand that the new arrangements will be introduced during September 2011.The new proposals have mandatory and core measurable requirements.
The mandatory requirements include minimum standards in terms of refusals, enrolment and course completion rates. These are all considerably more generous than the existing criteria. All mandatory requirements must be passed. If an education provider fails on one of the mandatory requirements, it will become a legacy sponsor, will not be able to sponsor new students and will have its licence revoked in April 2011
The core measurable requirements start with a score of 100 points. Points are then deducted according to an education provider’s refusal, enrolment and course completion rates. A minimum score of 70 points must be achieved to qualify. Sponsors failing on the core measurable elements may reapply after 3 months (as opposed to the current 6 months).
Apart from the criteria themselves, one of the key issues is the action proposed by the UKBA if a sponsor does not achieve HTS by April 2012. In the current version of the Tier 4 Sponsor Guidance ((Version 06/11) paragraph 7 of the introduction states that any sponsor not meeting the requirements for HTS by April 2012 “will become a legacy sponsor which means that they will be able to retain and report on their current students”. However, in the consultation document this has now been changed to state that anyone who becomes a legacy sponsor will not be able to continue sponsoring students, will have their licence revoked from April 2012 and that the leave of remaining students will be curtailed. In our view, this in unnecessarily harsh and those education providers who become legacy sponsors should be allowed to retain their students until such time as their leave expires or their courses have been completed.
We would also note a further paragraph in the consultation which states ”A sponsor who has been B rated since 9 April 2011 for compliance reasons and has held its licence for 12 months or more will not qualify for HTS status and will become a legacy sponsor in October, with its licence revoked from April 2012.” We assume this refers to a sponsor who is B rated in October rather than a sponsor who has been B rated for compliance reasons at any time between April and October but, as currently drafted, the paragraph is ambiguous.
Responses should be sent to Tier4HTSReview@UKBA.gsi.gov.uk The closing date is 5th August 2011. We would encourage all sponsors to respond to the consultation and in particular on the issues concerning legacy sponsors. We are aware that many sponsors take the view that there is no point in responding because UKBA has already made up its mind but if you do not respond will equally be in a position to say that the proposals appear to be acceptable to the industry given the small number of responses expressing any opposition or concerns.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/july/28-hts-proposed-criteria?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
New application forms for Tier 4 and dependants
New versions of application forms for Tier 4 (General), Tier 4 (Child) and dependants under the points-based system have been published. UKBA will only continue to accept applications made on the previous version of each form up to and including 24 July 2011
New list of English language test and providers
A update to the list of English language test and providers includes:
- New test scores for examinations conducted by Pearson
- Clarification concerning the acceptance by the UKBA of the TOEFL test
- New acceptable test certificates for business language testing service (BULATS)
http://tinyurl.com/6znfbwx
QAA Applications
The Quality Assurance Agency for Higher Education (QAA) has published an application form for educational oversight. The form must be returned by midday on 9th September 2011.
QAA will use the application form to:
• Determine the eligibility of an applicant for educational oversight by QAA.
• Provide the UK Border Agency (UKBA) with a list of successful applicants which have met the eligibility criteria for educational oversight and will be scheduled for review.
• Enable QAA to allocate applicants to a type of educational oversight review and develop a schedule of review activity.
The eligibility criteria for being scheduled for a review for educational oversight by QAA are:
• Your organisation is registered at Companies House and/or a registered charity.
• The majority of your students are studying higher education programmes
• You submit in full an application form with supporting documentation and fee by Friday 9 September 2011.
The application also requires a summary of how you use the Academic Infrastructure which will be scrutinised against supporting documentation to assess your initial suitability for review for educational oversight.
http://www.qaa.ac.uk/InstitutionReports/types-of-review/tier-4/Pages/applications.aspx
See under Veristat Services below for details of our HTS and QAA seminar which includes guidance on how to complete the QAA application.
Independent Schools Inspectorate (ISI)
The UKBA has announced that the ISI will inspect further education colleges and language schools. The application form will be published on the ISI website and applications will be accepted from 1st August 2011. As with QAA, applications will close on 9th September 2011. Further information is available on the ISI website http://www.isi.net/private-fe-inspection/
For the latest UKBA announcement on accreditation, other bodies involved and arrangements outside England see the UKBA website http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/july/50-tier-4-sponsors
MPs Criticise Student Changes
The Home Affairs Committee has criticised the Government for rushing plans to introduce changes relating to the entry of international students. The BBC reported the Chair of the Committee as saying: "The Home Secretary's dismissal of the impact assessment is very disappointing. The government appears to be not only making policy without adequate immigration statistics, but also ignoring its own evidence. We reiterate the need for an immigration policy which is both evidence-based and does not adversely affect the British economy." http://www.bbc.co.uk/news/uk-politics-14282538
Meanwhile the Scottish Committee has also warned the Government about the potential damage of tougher student controls on Scotland and its Universities. http://www.bbc.co.uk/news/uk-scotland-14277947
Tiers 1 and 2
Tier 1 (Post study work) and Tier 2 changes
New versions or the application form and policy guidance for Tier 1 (post study work) have been published for applications made on or after 18 July 2011.
As a trainee doctor on a Foundation Programme with permission to stay in the UK under Tier 4, you can switch (as of 18 July 2011) into Tier 1(Post study work) up to 1 month before the end date of your programme.
The changes have also been reflected in new Policy Guidance for Tier 2. New criteria have been added for students wishing to switch from Tier 4 into a Tier 2 category.
For details of all the changes please go to http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/july/30-tier1-psw?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Tier 1 (Exceptional Talent)
Under the new Tier 1 (Exceptional talent) category which will open on 9 August 2011, exceptionally talented migrants in the fields of science, humanities, engineering and arts are encouraged to come to the UK. In the first year of operation there will be a limit of 1000 places.
Tier 1 (Exceptional talent) will not need to be sponsored by an employer but will have to be overseen by ‘competent bodies’. These bodies (the Royal Society, Arts Council England, the Royal Academy of Engineering and the British Academy) will advise the UKBA on the migrants wishing to come to the UK in order to ensure that they are the best in their field.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/july/31-t1-et?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Other Migration Issues
Consultation on family migration
The Government launched on 13 July proposals to reduce the numbers of sham and forced migration. The consultation will also look at how family migrants can integrate into society and has a closer look at how public interest in removing someone from the UK should prevail over the right to respect for family life. The proposals include:
- A clearer definition of genuine and continuing marriage
- The introduction of a minimum income threshold for sponsors of partners and dependants
- The extension of the probationary period before dependants can apply for settlement from 2 years to 5 years
In 2010 only, 48,900 visas were granted to people on the family route, 40,500 of which were granted on the basis of a marriage, civil or other partnership.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/july/20-family-migration?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Veristat Services
Veristat Seminar
Highly Trusted Sponsor (HTS) and QAA Accreditation
11th and 15th August 2011
Venues in London and Manchester
The seminar provides essential, practical tips and information for anyone considering an application for HTS or QAA over the coming months and will cover
HTS
• Making an application
• Preparing for a visit
• New proposals for HTS
QAA
• The QAA review method
• Engaging with QAA
• Making the review application
Programme
09.30 – 10.00 Registration and coffee
10.00 – 10.30 UKBA the current environment
10.30 – 12.00 QAA Accreditation
12.00 – 13.00 Lunch
13.00 – 14.00 HTS
14.00 – 14.30 Q&A and wind up
Speakers
Don Ingham
Don Ingham is a former Director in the Home Office with over 30 years’ experience of immigration control at operational, policy and strategic levels, both in the UK and abroad. He is the Director of Veristat (www.veristat.co.uk) which specialises in working with employers and education providers to ensure compliance with UK immigration legislation. Don has significant experience of working with private sector colleges on compliance issues and in securing HTS. Don is also Director of www.studentvisasuk.co.uk which supports students with their visa applications and in recent months has increasingly been working on behalf of colleges to help students obtain visas, including student visitor visas.
Alan Bradshaw
Alan Bradshaw is a higher education consultant. He founded the ABministration consultancy in 2011 after retiring from nearly nine years with the Quality Assurance Agency for Higher Education (QAA). As an Assistant Director with QAA, Alan managed reviews and audits, conducted degree-awarding powers scrutinies, designed review methods, and designed and delivered training. He has reviewed private higher education colleges and universities in the UK and abroad, and has led a private college. The ABministration consultancy exists to help colleges and universities solve challenges, with particular reference to audit and compliance requirements. ABministration works within a network of higher education advisors.
Cost: £135 plus VAT (£27) TOTAL £162 PER DELEGATE Inc Lunch
How to pay
Paypal Copy and paste the following link into your web browser - https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=TJCBRKHKMYCEG
BACS Veristat Limited
Barclays Bank, Camberley
Sort code: 20-16-99
Account number: 83847012
Cheque Made payable to Veristat Limited and posted to:
Veristat, 51 Munnings Drive, Sandhurst, Berkshire GU47 0FN
Please send payment by Monday 8th August to ensure a place at either event.
How to apply
Email Jamie@veristat.co.uk with the details requested below
Organisation
Name Delegate(s)
Email address
Contact tel. Number
Seminar (enter Manchester or London)
Payment by: (enter payment method – Paypal; BACS; Cheque)
Locations
London America Square Conference Centre
1 America Square
17 Crosswall
London EC3N 2LB
Directions - By Underground
Tower Hill - 1 min walk (District, Circle and Docklands Light Rail Services) On leaving Tower Hill tube station by walking straight out of the exit, turn right and walk for 100 meters past the Grange City Hotel and under the overhead train line bridge where you should turn right into Crosswall. The entrance to America Square Conference Centre is 50 meters on your right through the revolving doors.
Manchester
New College Manchester
85 Piccadilly
Manchester M1 2DA
Approx 5 minutes walk from Manchester Piccadilly station. Located opposite Costa Coffee with entrance in XX Street
If you have any questions please contact Jamie on 08443351619 or e mail Jamie@veristat.co.uk
Student Visa applications
We are also increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk
HTS applications and immigration support
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 enquiries@veristat.co.uk
Student Recruitment: Turkey and South America
We are currently inviting expressions of interest in student recruitment fairs in September in Brazil; and October in Argentina. Full details of the fair service we operate can be found at http://www.veristat.co.uk/studentrecruitment.aspx. We also appreciate that each institution has different requirements so we are more than happy to fit our services to meet your needs. Should you require any further details or wish to book a place on any of the you can visit the link above or email us at enquiries@veristat.co.uk or call on 0161 247 8632.
Tuesday 26 July 2011
Veristat Seminars
Veristat Seminars
Highly Trusted Sponsor (HTS) and QAA Accreditation
11th and 15th August 2011
Venues in London and Manchester
UKBA requires that all education providers achieve HTS status by April 2012 and accreditation by one of the public sector accreditation bodies by December 2012. This process is now active. Private sector education providers must apply by 9th September 2011.
The seminars provide essential, practical tips and information for anyone considering an application for HTS or QAA over the coming months and will cover
HTS
• Making an application
• Preparing for a visit
• New proposals for HTS
QAA
• The QAA review method
• Engaging with QAA
• Making the review application
Programme
Manchester - Thursday 11th August 2011
London - Monday 15th August 2011
09.30 – 10.00 Registration and coffee
10.00 – 10.30 UKBA the current environment
10.30 – 12.00 QAA Accreditation
12.00 – 13.00 Lunch
13.00 – 14.00 HTS
14.00 – 14.30 Q&A and wind up
Speakers
Don Ingham
Don Ingham is a former Director in the Home Office with over 30 years’ experience of immigration control at operational, policy and strategic levels, both in the UK and abroad. He is the Director of Veristat (www.veristat.co.uk) which specialises in working with employers and education providers to ensure compliance with UK immigration legislation. Don has significant experience of working with private sector colleges on compliance issues and in securing HTS. Don is also Director of www.studentvisasuk.co.uk which supports students with their visa applications and in recent months has increasingly been working on behalf of colleges to help students obtain visas, including student visitor visas.
Alan Bradshaw
Alan Bradshaw is a higher education consultant. He founded the ABministration consultancy in 2011 after retiring from nearly nine years with the Quality Assurance Agency for Higher Education (QAA). As an Assistant Director with QAA, Alan managed reviews and audits, conducted degree-awarding powers scrutinies, designed review methods, and designed and delivered training. He has reviewed private higher education colleges and universities in the UK and abroad, and has led a private college. The ABministration consultancy exists to help colleges and universities solve challenges, with particular reference to audit and compliance requirements. ABministration works within a network of higher education advisors.
Cost: £135 plus VAT (£27) TOTAL £162 PER DELEGATE inc Lunch
How to pay
Paypal Copy and paste the following link into your web browser - https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=TJCBRKHKMYCEG
BACS Veristat Limited
Barclays Bank, Camberley
Sort code: 20-16-99
Account number: 83847012
Cheque Made payable to Veristat Limited and posted to:
Veristat, 51 Munnings Drive, Sandhurst, Berkshire, GU47 0FN
Please note that payment must be received by Monday 8th August to reserve a place at either event.
How to apply
1. Please email jamie@Veristat.co.uk with the details requested below
2. Enter the details requested below
Organisation:
Name Delegate (1):
Name Delegate (2):
Name Delegate (3):
Email address:
Contact tel. Number:
Seminar (enter Manchester or London):
Payment by: (enter “Y” alongside chosen payment method)
• PayPal:
• BACS:
• Cheque:
Locations
London - Monday 15th August 2011
London - America Square Conference Centre
1 America Square
17 Crosswall
London, EC3N 2LB
Directions - By Underground
Tower Hill - 1 min walk (District, Circle and Docklands Light Rail Services) On leaving Tower Hill tube station by walking straight out of the exit, turn right and walk for 100 meters past the Grange City Hotel and under the overhead train line bridge where you should turn right into Crosswall. The entrance to America Square Conference Centre is 50 meters on your right through the revolving doors.
Manchester - Thursday 11th August 2011
Manchester - New College Manchester
85 Piccadilly
Manchester M1 2DA
Approx 5 minutes walk from Manchester Piccadilly station. Come out of the main entrance to Piccadilly train station and follow the road towards Piccadilly gardens and the town centre. Approximately 400 yards down this road opposite a NCP car park, the college is located on a side street to your right next to William Hill bookmakers. The entrance is on your right hand side with signs for New College Manchester above.
If you have any questions please contact Jamie on 08443351619 or e mail Jamie@veristat.co.uk
Highly Trusted Sponsor (HTS) and QAA Accreditation
11th and 15th August 2011
Venues in London and Manchester
UKBA requires that all education providers achieve HTS status by April 2012 and accreditation by one of the public sector accreditation bodies by December 2012. This process is now active. Private sector education providers must apply by 9th September 2011.
The seminars provide essential, practical tips and information for anyone considering an application for HTS or QAA over the coming months and will cover
HTS
• Making an application
• Preparing for a visit
• New proposals for HTS
QAA
• The QAA review method
• Engaging with QAA
• Making the review application
Programme
Manchester - Thursday 11th August 2011
London - Monday 15th August 2011
09.30 – 10.00 Registration and coffee
10.00 – 10.30 UKBA the current environment
10.30 – 12.00 QAA Accreditation
12.00 – 13.00 Lunch
13.00 – 14.00 HTS
14.00 – 14.30 Q&A and wind up
Speakers
Don Ingham
Don Ingham is a former Director in the Home Office with over 30 years’ experience of immigration control at operational, policy and strategic levels, both in the UK and abroad. He is the Director of Veristat (www.veristat.co.uk) which specialises in working with employers and education providers to ensure compliance with UK immigration legislation. Don has significant experience of working with private sector colleges on compliance issues and in securing HTS. Don is also Director of www.studentvisasuk.co.uk which supports students with their visa applications and in recent months has increasingly been working on behalf of colleges to help students obtain visas, including student visitor visas.
Alan Bradshaw
Alan Bradshaw is a higher education consultant. He founded the ABministration consultancy in 2011 after retiring from nearly nine years with the Quality Assurance Agency for Higher Education (QAA). As an Assistant Director with QAA, Alan managed reviews and audits, conducted degree-awarding powers scrutinies, designed review methods, and designed and delivered training. He has reviewed private higher education colleges and universities in the UK and abroad, and has led a private college. The ABministration consultancy exists to help colleges and universities solve challenges, with particular reference to audit and compliance requirements. ABministration works within a network of higher education advisors.
Cost: £135 plus VAT (£27) TOTAL £162 PER DELEGATE inc Lunch
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Please note that payment must be received by Monday 8th August to reserve a place at either event.
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Locations
London - Monday 15th August 2011
London - America Square Conference Centre
1 America Square
17 Crosswall
London, EC3N 2LB
Directions - By Underground
Tower Hill - 1 min walk (District, Circle and Docklands Light Rail Services) On leaving Tower Hill tube station by walking straight out of the exit, turn right and walk for 100 meters past the Grange City Hotel and under the overhead train line bridge where you should turn right into Crosswall. The entrance to America Square Conference Centre is 50 meters on your right through the revolving doors.
Manchester - Thursday 11th August 2011
Manchester - New College Manchester
85 Piccadilly
Manchester M1 2DA
Approx 5 minutes walk from Manchester Piccadilly station. Come out of the main entrance to Piccadilly train station and follow the road towards Piccadilly gardens and the town centre. Approximately 400 yards down this road opposite a NCP car park, the college is located on a side street to your right next to William Hill bookmakers. The entrance is on your right hand side with signs for New College Manchester above.
If you have any questions please contact Jamie on 08443351619 or e mail Jamie@veristat.co.uk
Tuesday 12 July 2011
QAA Seminar: 7th July 2011
The notes below are drawn from a QAA seminar held at Regents College London on 7th July 2011. The meeting was led by senior officials from QAA. The Immigration Minister Damian Green made a presentation and senior officials from UKBA were also present.
Immigration issues
• Both the Minister and UKBA officials made it clear that there would be no changes to the policy of restricting permission to take employment for students outside the public sector system.
• There were strong indications that a new HTS policy would be introduced in September, probably preceded by a short consultation to be published by the end of July.
QAA
Note that in a number of areas it appeared that QAA had still not decided on the detail of their plans. Education providers should therefore check the UKBA and QAA websites for further information.
• The two main review bodies for private colleges will be QAA and ISI. Generally speaking the division will be between those colleges providing courses at or above L4 (QAA); and below that level (ISI). Colleges who are in doubt about where to apply should make preliminary enquiries with one of the bodies to establish which would be the more appropriate.
• The basic concept is one of peer review. Colleges may nominate candidates to act as reviewers (for other institutions) to provide consistency with the public sector. Further information on applying on the QAA website.
• An application form and guidance for review will be published on the QAA website on 18/7/11.
• The closing date for applications will be 9/9/11. There is no guarantee that applications received after this date will be dealt with in time for the cut off in December 2012.
• The application fee is likely to be £1450.
• Applications should be accompanied by the fee and documentation in accordance with the guidance (to be published). Applications will need to meet the basic criteria for the review process. No judgements are made at this stage, only whether the application is complete and appropriate.
• Applicants are likely to be informed by the end of September 2011 whether they meet the basic criteria for review.
• Applicants are likely to be informed by 31/10/201 of the key review dates. Briefing sessions will be held in the Autumn but substantive reviews are unlikely to commence before January 2012.
• The fee for the review is likely to be between £17,000 and £19,000.
• The review itself will be in several stages
o Self evaluation (from which the agenda for the review is derived)
o Documentation
o Preliminary meeting
o 2 day visit by team of 3 people looking at procedures and consistency of practice against quality standards
o Meetings with staff and students
o Draft report
o Final report (published)
• Indications were that the whole process (excluding the initial application) could take 6 months or more.
• QAA are currently considering a 4 year cycle of reviews although the recent Education White Paper encouraged a more risk based approach.
• Applicants should check the QAA website regularly for key dates and further information. QAA has already published information from the seminar which can be found via the following link http://www.qaa.ac.uk/Newsroom/News/Pages/QAA-conference-Tier4.aspx
Seminars
• Veristat is planning to run seminars during August in London and Manchester on HTS and QAA accreditation. The seminars will be led by highly experienced professionals in these fields and will be aimed at giving up to date practical advice and assistance in what are crucial areas for education providers. Further information and dates for the seminars will be circulated shortly.
• The seminars will be offered on a first come, first served basis when the details are published. To register an interest in advance, email maria@veristat.co.uk stating whether you would be interested in a London or Manchester event.
Don Ingham
11th July 2011
Immigration issues
• Both the Minister and UKBA officials made it clear that there would be no changes to the policy of restricting permission to take employment for students outside the public sector system.
• There were strong indications that a new HTS policy would be introduced in September, probably preceded by a short consultation to be published by the end of July.
QAA
Note that in a number of areas it appeared that QAA had still not decided on the detail of their plans. Education providers should therefore check the UKBA and QAA websites for further information.
• The two main review bodies for private colleges will be QAA and ISI. Generally speaking the division will be between those colleges providing courses at or above L4 (QAA); and below that level (ISI). Colleges who are in doubt about where to apply should make preliminary enquiries with one of the bodies to establish which would be the more appropriate.
• The basic concept is one of peer review. Colleges may nominate candidates to act as reviewers (for other institutions) to provide consistency with the public sector. Further information on applying on the QAA website.
• An application form and guidance for review will be published on the QAA website on 18/7/11.
• The closing date for applications will be 9/9/11. There is no guarantee that applications received after this date will be dealt with in time for the cut off in December 2012.
• The application fee is likely to be £1450.
• Applications should be accompanied by the fee and documentation in accordance with the guidance (to be published). Applications will need to meet the basic criteria for the review process. No judgements are made at this stage, only whether the application is complete and appropriate.
• Applicants are likely to be informed by the end of September 2011 whether they meet the basic criteria for review.
• Applicants are likely to be informed by 31/10/201 of the key review dates. Briefing sessions will be held in the Autumn but substantive reviews are unlikely to commence before January 2012.
• The fee for the review is likely to be between £17,000 and £19,000.
• The review itself will be in several stages
o Self evaluation (from which the agenda for the review is derived)
o Documentation
o Preliminary meeting
o 2 day visit by team of 3 people looking at procedures and consistency of practice against quality standards
o Meetings with staff and students
o Draft report
o Final report (published)
• Indications were that the whole process (excluding the initial application) could take 6 months or more.
• QAA are currently considering a 4 year cycle of reviews although the recent Education White Paper encouraged a more risk based approach.
• Applicants should check the QAA website regularly for key dates and further information. QAA has already published information from the seminar which can be found via the following link http://www.qaa.ac.uk/Newsroom/News/Pages/QAA-conference-Tier4.aspx
Seminars
• Veristat is planning to run seminars during August in London and Manchester on HTS and QAA accreditation. The seminars will be led by highly experienced professionals in these fields and will be aimed at giving up to date practical advice and assistance in what are crucial areas for education providers. Further information and dates for the seminars will be circulated shortly.
• The seminars will be offered on a first come, first served basis when the details are published. To register an interest in advance, email maria@veristat.co.uk stating whether you would be interested in a London or Manchester event.
Don Ingham
11th July 2011
Monday 4 July 2011
Immigration Notes: July 2011
Tier 4
Reporting Refusals
We are seeing increasing numbers of colleges failing to obtain HTS due to not having reported students who are refused visas as having failed to enrol. Failure to report refusals has also been included as one of the reasons for suspending colleges.
Most education providers had been working on the assumption that as the UKBA had refused the application and already held that information on their own records, there was no requirement for further reporting. Nor was there anything specific in the sponsor guidance that required sponsors to report such cases.
The general understanding was that sponsorship started when an entry clearance or leave to remain was granted. This was the advice which was provided in the past by the UKBA itself and also fitted with the HTS criterion for when a student should be counted as having failed to enrol. Therefore if a student was not “sponsored” until an entry clearance or leave to remain was granted, a student who had been refused an entry clearance was not being sponsored and there were therefore no sponsorship duties that needed to be met. The UKBA also appeared to recognise this position implicitly. We are not aware of any education provider who was advised by the UKBA during a visit of the need to report refusals or of any college where a failure to report refusals was cited as a reason for refusal of HTS or suspension prior to April 2011.
That position has now changed. The UKBA stated in a recent HTS refusal case that “as a student is not required to report the refusal of a visa to the sponsor, the sponsor is still required to report through the SMS when that student fails to enrol. This ensures that all CAS are accounted for either by the student enrolling on the course of study or through a “failed to enrol” report in the SMS.”
Bizarrely, this statement overlooks completely the fact that it is UKBA staff who make the decision and already hold the data on refusals which is information most colleges would wish to have but which is not available to them on the SMS and which UKBA normally refuse to provide on data privacy grounds.
In terms of the Guidance, UKBA refer to paragraph 353 of the July Policy Guidance for Sponsors (Version 06/11) which in talking about reporting students who fail to enrol, now carries an additional sentence at the end which states – “This includes any student you have assigned a CAS to who fails to present themselves to you and enrol by no later than 10 days after this date.” The sentence was first added to paragraph 348 in the April 2011 (Version 04/11) Guidance.
It seems likely that UKBA decisions based on the retrospective application of this “rule” will be challenged in the courts. However, in the meantime, all education providers should ensure that they report all cases of refusal of a visa or extension of stay as failure to enrol.
We suspect that by introducing and emphasising this “requirement”, UKBA is paving the way for a revision of the HTS criteria in September, when refusals will be included under the failure to enrol criterion, possibly with a slight uplift in the percentage.
New document to clarify English language requirements for Tier 4 sponsor s and students
The UKBA has produced a document which aims to clarify the requirements for both students and sponsors. The document provides answers to various frequently asked questions.
http://tinyurl.com/69bpyk9
Accreditation: ISI and QAA
The UKBA has announced that the Quality Assurance Agency for Higher Education (QAA) and the Independent Schools Inspectorate (ISI) have agreed in principle to extend their activities to carry out additional reviews as follows:
- QAA will review:
- listed bodies;
- other private higher education providers offering courses normally awarded in accordance with the Frameworks for Higher Education Qualifications; and
- 'embedded' colleges offering courses as a pathway into higher education.
- ISI will inspect privately funded further education colleges offering courses on the QCF/NQF, and also English language schools.
UKBA discussions are ongoing with the educational oversight bodies operating in Scotland, Wales and Northern Ireland, and also with the other educational oversight bodies involved in the independent schools sector.
The QAA and ISI will publish on their websites the details of the applicable standards and procedural information about how to apply, charges and how reviews will be carried out. Reviews are expected to begin being scheduled from October.
QAA and ISI have set Friday 9 September 2011 as the date by which sponsors seeking educational oversight by the end of 2012 must have submitted an application. QAA and ISI will announce the dates when they will start to accept applications.
A current sponsor who has not had a satisfactory review by one of the approved review bodies and who does not apply by the due date of 9 September will lose the ability to issue new confirmations of acceptance for studies (CASs). Sponsors who do not hold a current satisfactory review and who do apply by the due date will have until the end of 2012 to obtain one. Following an application, a sponsor who receives an unsatisfactory review will lose the ability to issue new CASs.
Some providers offer a mixture of higher education courses (those aligned to the FHEQ) and further education courses (those aligned to the QCF/NQF). Where the character of an institution is predominantly higher education, the QAA will be the educational oversight body, and where the character is predominantly further education, the ISI will be the educational oversight body. QAA and ISI have agreed to develop a memorandum of cooperation to include a means of determining which body will conduct reviews for colleges with mixed provision. The UK Border Agency will review these arrangements at the end of 2012.
The UK Border Agency will consider with the educational oversight bodies the frequency of reviews required for all providers after the initial round is complete. It is expected a risk-based approach will be adopted.
Where current Tier 4 sponsors do not receive a positive review, UKBA will restrict their ability to issue CASs. All reports will be published on either the QAA or ISI website as appropriate.
These arrangements do not apply to colleges not yet in operation. QAA and ISI will publish further guidance on how educational oversight will be applied to new colleges
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/49-oversight-qaa-isi?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Clarification for Tier 4 sponsors
Frequently asked questions raised by sponsors are answered in a new document published by the UKBA which can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/t4-review-clarification.pdf
The document covers the following areas:
•educational oversight and accreditation
•Highly Trusted Sponsor status
•the interim limit
•contact details for enquiries about the sponsorship management system
•post-study work
•immigration officers' discretion to refuse
•dependants
•maintenance and low-risk countries
•academic progression
New changes for student visa rules is announced
The first set of rules following the consultation with ended in March 2011 came into effect on 21 April 2011. The new set of changes will come into effect on 4 July 2011.
The new Rules:
-restrict work entitlements to migrants studying at higher education institutions (HEIs) and publicly funded further education colleges only
-restrict the sponsorship of dependants to those studying at postgraduate level at HEIs on courses lasting at least 12 months, and government-sponsored students on courses lasting at least 6 months
-commit to publish a list of financial institutions that UKBA considers, on the basis of experience, do not verify financial statements to their satisfaction in more than 50 per cent of a sample of cases;
-ensure that maintenance funds are genuinely available to the applicant
-restrict the ability to deliver accountancy courses accredited by the Association of Chartered Certified Accountants (ACCA) to those sponsors accorded platinum or gold status by ACCA; and
-clarify the position of overseas universities with campuses in the UK.
http://tinyurl.com/3k94cyx
Tier 2 and 5
Government response on the Home Affairs Committee report on immigration and asylum
Immigration minister Damien Green has responded to a report by the House of Commons Home Affairs Committee on the work of the UK Border Agency. He said:
“We have known for some time that the asylum system we inherited was chaotic............. We are already radically reforming the points-based system and other routes of entry that have been subject to widespread abuse, and will re-introduce exit checks by 2015.” http://tinyurl.com/6ykm4ry
New proposals to cut the link between temporary and permanent migration
The Government has announced plans to break the link between temporary and permanent migration. The proposals are set out in as a consultation which will end on 9th September 2011.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/consultations/employment-related-settlement/
Key proposals under consideration are:
•re-branding Tier 2 (the skilled worker route) as temporary, ending the assumption that settlement will be available for those who enter on this route;
•allowing certain categories of Tier 2 migrant, for example those earning over £150,000 or occupations of a specific economic or social value to the UK, to retain an automatic route to settlement;
•creating a new category into which, after three years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement;
•allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of five years with the expectation that they and any dependants will leave at the end of that time;
•introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement;
•restricting the maximum period of leave for Tier 5 Temporary Workers to 12 months; and
•closing or reforming routes for overseas domestic workers.
UK Border Agency response about visits by artists and musicians
As a result to the media coverage which stated that the UK points system is “inappropriate for short-term visits by artists!” (Phillip Pullman), a UKBA spokesperson said “Creative artists from across the world are welcome to come and perform in the UK. However, as with any visitors to the UK, we expect individuals to meet our entry requirements.” A leaflet for artists and entertainers who would like to perform in the UK has been published and can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/visitingtheuk/entertainer-artist.pdf
New arrangements for skilled workers to extend their stay
The UKBA is in the process of introducing new schemes for skilled workers who arrived in the UK under various work arrangements which have now closed. These new schemes can allow them to stay in the UK for up to 5 years. This additional leave will be granted free of charge.
You can apply if you have been given permission to stay for less than 2 years as:
•a Business and Commercial work permit holder (which includes ICT work permits);
•a Sports and Entertainment work permit holder;
•a Jewish agency employee;
•a member of the operational ground staff of an overseas-owned airline; or
•a minister of religion, missionary or member of a religious order.
Additionally, you must meet the following requirements:
•you applied for, and were granted, leave to remain under Tier 2 through the transitional arrangements in place for migrants in these categories;
•you are still working for the employer who assigned your certificate of sponsorship, and being paid the appropriate salary for your job;
•you intend to continue working for the same employer;
•you currently have valid leave to remain in a Tier 2 category (General, Intra company transfer, Minister of religion or Sportsperson);
•you were granted the maximum period of 3 years' leave to remain under Tier 2; and
•you can prove that you still meet the conditions of your existing leave.
In order to apply for additional leave under these routes, you will have to use the application form T2 (W) which will be published in early August 2011. Your family members will have to use the T2 (W) (Dependant) form.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/june/36-extension-skilled-workers
European Union
European Economic Area: Premium service in Liverpool
The application fees announced in April included a provision to charge for premium services for EEA 2, 3 and 4 applications at the UKBA’s Liverpool office. This has been spotted by a number of potential applicants who wish to avoid having their documents tied up for lengthy periods whilst their applications are under consideration. However, the UKBA is not yet able to provide the service and has issued a statement to the effect that the proposition is still under review.
http://tinyurl.com/42unngf
New application forms for EEA nationals
The UKBA has revised the following application forms EEA1, EEA2, EEA3 and EEA4. These forms should be used by Swiss and EEA nationals who are exercising treaty rights in the UK. Their family members who want to apply for a residence document should use these new forms as well. The new forms should be used for applications made on and after 20 June 2011. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/june/29-new-eea-forms
New application forms for Bulgarian and Romanians
The UKBA has published a new version of the BR1 application form and policy guidance for Bulgarians and Romanians wanting to apply for authorization to work in the UK. The revised form and policy guidance are to be used for all applications made on or after 20 June 2011. They can be found at http://www.ukba.homeoffice.gov.uk/workingintheuk/eea/bulgariaromania/applying/
Veristat Services
Student Visa applications
We are also increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk
Student Recruitment: Turkey and South America
We are currently inviting expressions of interest in student recruitment fairs in August in Turkey; September in Brazil; and October in Argentina. Full details of the fair service we operate can be found at http://www.veristat.co.uk/studentrecruitment.aspx. We also appreciate that each institution has different requirements so we are more than happy to fit our services to meet your needs. Should you require any further details or wish to book a place on any of the you can visit the link above or email us at enquiries@veristat.co.uk or call on 0161 247 8632.
HTS applications and immigration support
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 enquiries@veristat.co.uk
Reporting Refusals
We are seeing increasing numbers of colleges failing to obtain HTS due to not having reported students who are refused visas as having failed to enrol. Failure to report refusals has also been included as one of the reasons for suspending colleges.
Most education providers had been working on the assumption that as the UKBA had refused the application and already held that information on their own records, there was no requirement for further reporting. Nor was there anything specific in the sponsor guidance that required sponsors to report such cases.
The general understanding was that sponsorship started when an entry clearance or leave to remain was granted. This was the advice which was provided in the past by the UKBA itself and also fitted with the HTS criterion for when a student should be counted as having failed to enrol. Therefore if a student was not “sponsored” until an entry clearance or leave to remain was granted, a student who had been refused an entry clearance was not being sponsored and there were therefore no sponsorship duties that needed to be met. The UKBA also appeared to recognise this position implicitly. We are not aware of any education provider who was advised by the UKBA during a visit of the need to report refusals or of any college where a failure to report refusals was cited as a reason for refusal of HTS or suspension prior to April 2011.
That position has now changed. The UKBA stated in a recent HTS refusal case that “as a student is not required to report the refusal of a visa to the sponsor, the sponsor is still required to report through the SMS when that student fails to enrol. This ensures that all CAS are accounted for either by the student enrolling on the course of study or through a “failed to enrol” report in the SMS.”
Bizarrely, this statement overlooks completely the fact that it is UKBA staff who make the decision and already hold the data on refusals which is information most colleges would wish to have but which is not available to them on the SMS and which UKBA normally refuse to provide on data privacy grounds.
In terms of the Guidance, UKBA refer to paragraph 353 of the July Policy Guidance for Sponsors (Version 06/11) which in talking about reporting students who fail to enrol, now carries an additional sentence at the end which states – “This includes any student you have assigned a CAS to who fails to present themselves to you and enrol by no later than 10 days after this date.” The sentence was first added to paragraph 348 in the April 2011 (Version 04/11) Guidance.
It seems likely that UKBA decisions based on the retrospective application of this “rule” will be challenged in the courts. However, in the meantime, all education providers should ensure that they report all cases of refusal of a visa or extension of stay as failure to enrol.
We suspect that by introducing and emphasising this “requirement”, UKBA is paving the way for a revision of the HTS criteria in September, when refusals will be included under the failure to enrol criterion, possibly with a slight uplift in the percentage.
New document to clarify English language requirements for Tier 4 sponsor s and students
The UKBA has produced a document which aims to clarify the requirements for both students and sponsors. The document provides answers to various frequently asked questions.
http://tinyurl.com/69bpyk9
Accreditation: ISI and QAA
The UKBA has announced that the Quality Assurance Agency for Higher Education (QAA) and the Independent Schools Inspectorate (ISI) have agreed in principle to extend their activities to carry out additional reviews as follows:
- QAA will review:
- listed bodies;
- other private higher education providers offering courses normally awarded in accordance with the Frameworks for Higher Education Qualifications; and
- 'embedded' colleges offering courses as a pathway into higher education.
- ISI will inspect privately funded further education colleges offering courses on the QCF/NQF, and also English language schools.
UKBA discussions are ongoing with the educational oversight bodies operating in Scotland, Wales and Northern Ireland, and also with the other educational oversight bodies involved in the independent schools sector.
The QAA and ISI will publish on their websites the details of the applicable standards and procedural information about how to apply, charges and how reviews will be carried out. Reviews are expected to begin being scheduled from October.
QAA and ISI have set Friday 9 September 2011 as the date by which sponsors seeking educational oversight by the end of 2012 must have submitted an application. QAA and ISI will announce the dates when they will start to accept applications.
A current sponsor who has not had a satisfactory review by one of the approved review bodies and who does not apply by the due date of 9 September will lose the ability to issue new confirmations of acceptance for studies (CASs). Sponsors who do not hold a current satisfactory review and who do apply by the due date will have until the end of 2012 to obtain one. Following an application, a sponsor who receives an unsatisfactory review will lose the ability to issue new CASs.
Some providers offer a mixture of higher education courses (those aligned to the FHEQ) and further education courses (those aligned to the QCF/NQF). Where the character of an institution is predominantly higher education, the QAA will be the educational oversight body, and where the character is predominantly further education, the ISI will be the educational oversight body. QAA and ISI have agreed to develop a memorandum of cooperation to include a means of determining which body will conduct reviews for colleges with mixed provision. The UK Border Agency will review these arrangements at the end of 2012.
The UK Border Agency will consider with the educational oversight bodies the frequency of reviews required for all providers after the initial round is complete. It is expected a risk-based approach will be adopted.
Where current Tier 4 sponsors do not receive a positive review, UKBA will restrict their ability to issue CASs. All reports will be published on either the QAA or ISI website as appropriate.
These arrangements do not apply to colleges not yet in operation. QAA and ISI will publish further guidance on how educational oversight will be applied to new colleges
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/49-oversight-qaa-isi?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Clarification for Tier 4 sponsors
Frequently asked questions raised by sponsors are answered in a new document published by the UKBA which can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/t4-review-clarification.pdf
The document covers the following areas:
•educational oversight and accreditation
•Highly Trusted Sponsor status
•the interim limit
•contact details for enquiries about the sponsorship management system
•post-study work
•immigration officers' discretion to refuse
•dependants
•maintenance and low-risk countries
•academic progression
New changes for student visa rules is announced
The first set of rules following the consultation with ended in March 2011 came into effect on 21 April 2011. The new set of changes will come into effect on 4 July 2011.
The new Rules:
-restrict work entitlements to migrants studying at higher education institutions (HEIs) and publicly funded further education colleges only
-restrict the sponsorship of dependants to those studying at postgraduate level at HEIs on courses lasting at least 12 months, and government-sponsored students on courses lasting at least 6 months
-commit to publish a list of financial institutions that UKBA considers, on the basis of experience, do not verify financial statements to their satisfaction in more than 50 per cent of a sample of cases;
-ensure that maintenance funds are genuinely available to the applicant
-restrict the ability to deliver accountancy courses accredited by the Association of Chartered Certified Accountants (ACCA) to those sponsors accorded platinum or gold status by ACCA; and
-clarify the position of overseas universities with campuses in the UK.
http://tinyurl.com/3k94cyx
Tier 2 and 5
Government response on the Home Affairs Committee report on immigration and asylum
Immigration minister Damien Green has responded to a report by the House of Commons Home Affairs Committee on the work of the UK Border Agency. He said:
“We have known for some time that the asylum system we inherited was chaotic............. We are already radically reforming the points-based system and other routes of entry that have been subject to widespread abuse, and will re-introduce exit checks by 2015.” http://tinyurl.com/6ykm4ry
New proposals to cut the link between temporary and permanent migration
The Government has announced plans to break the link between temporary and permanent migration. The proposals are set out in as a consultation which will end on 9th September 2011.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/consultations/employment-related-settlement/
Key proposals under consideration are:
•re-branding Tier 2 (the skilled worker route) as temporary, ending the assumption that settlement will be available for those who enter on this route;
•allowing certain categories of Tier 2 migrant, for example those earning over £150,000 or occupations of a specific economic or social value to the UK, to retain an automatic route to settlement;
•creating a new category into which, after three years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement;
•allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of five years with the expectation that they and any dependants will leave at the end of that time;
•introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement;
•restricting the maximum period of leave for Tier 5 Temporary Workers to 12 months; and
•closing or reforming routes for overseas domestic workers.
UK Border Agency response about visits by artists and musicians
As a result to the media coverage which stated that the UK points system is “inappropriate for short-term visits by artists!” (Phillip Pullman), a UKBA spokesperson said “Creative artists from across the world are welcome to come and perform in the UK. However, as with any visitors to the UK, we expect individuals to meet our entry requirements.” A leaflet for artists and entertainers who would like to perform in the UK has been published and can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/visitingtheuk/entertainer-artist.pdf
New arrangements for skilled workers to extend their stay
The UKBA is in the process of introducing new schemes for skilled workers who arrived in the UK under various work arrangements which have now closed. These new schemes can allow them to stay in the UK for up to 5 years. This additional leave will be granted free of charge.
You can apply if you have been given permission to stay for less than 2 years as:
•a Business and Commercial work permit holder (which includes ICT work permits);
•a Sports and Entertainment work permit holder;
•a Jewish agency employee;
•a member of the operational ground staff of an overseas-owned airline; or
•a minister of religion, missionary or member of a religious order.
Additionally, you must meet the following requirements:
•you applied for, and were granted, leave to remain under Tier 2 through the transitional arrangements in place for migrants in these categories;
•you are still working for the employer who assigned your certificate of sponsorship, and being paid the appropriate salary for your job;
•you intend to continue working for the same employer;
•you currently have valid leave to remain in a Tier 2 category (General, Intra company transfer, Minister of religion or Sportsperson);
•you were granted the maximum period of 3 years' leave to remain under Tier 2; and
•you can prove that you still meet the conditions of your existing leave.
In order to apply for additional leave under these routes, you will have to use the application form T2 (W) which will be published in early August 2011. Your family members will have to use the T2 (W) (Dependant) form.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/june/36-extension-skilled-workers
European Union
European Economic Area: Premium service in Liverpool
The application fees announced in April included a provision to charge for premium services for EEA 2, 3 and 4 applications at the UKBA’s Liverpool office. This has been spotted by a number of potential applicants who wish to avoid having their documents tied up for lengthy periods whilst their applications are under consideration. However, the UKBA is not yet able to provide the service and has issued a statement to the effect that the proposition is still under review.
http://tinyurl.com/42unngf
New application forms for EEA nationals
The UKBA has revised the following application forms EEA1, EEA2, EEA3 and EEA4. These forms should be used by Swiss and EEA nationals who are exercising treaty rights in the UK. Their family members who want to apply for a residence document should use these new forms as well. The new forms should be used for applications made on and after 20 June 2011. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/june/29-new-eea-forms
New application forms for Bulgarian and Romanians
The UKBA has published a new version of the BR1 application form and policy guidance for Bulgarians and Romanians wanting to apply for authorization to work in the UK. The revised form and policy guidance are to be used for all applications made on or after 20 June 2011. They can be found at http://www.ukba.homeoffice.gov.uk/workingintheuk/eea/bulgariaromania/applying/
Veristat Services
Student Visa applications
We are also increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk
Student Recruitment: Turkey and South America
We are currently inviting expressions of interest in student recruitment fairs in August in Turkey; September in Brazil; and October in Argentina. Full details of the fair service we operate can be found at http://www.veristat.co.uk/studentrecruitment.aspx. We also appreciate that each institution has different requirements so we are more than happy to fit our services to meet your needs. Should you require any further details or wish to book a place on any of the you can visit the link above or email us at enquiries@veristat.co.uk or call on 0161 247 8632.
HTS applications and immigration support
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 enquiries@veristat.co.uk
Wednesday 1 June 2011
Immigration Notes: June 2011
HTS: New Application form and Guidance
We have had a number of enquiries from colleges following the publication of the new HTS application form valid from 21st April and revisions to the HTS guidance on the UKBA website. The problem is the apparent conflict between the information on the HTS application form and UKBA website; and the HTS criteria as included in the new Sponsor Guidance, particularly in respect of refusals.
The application form and website both state that refusals should be counted under failure to enrol. However, the HTS criterion relating to failure to enrol, refers to students who have no intention to study and states that it applies where students have used a CAS issued by the sponsor and who have entered or remained in the UK but have not enrolled with within 1 month of the course commencing. This criterion clearly does not apply to students who have been refused, not least because they will not have entered the UK.
We have been in touch with the UKBA and asked them to confirm that refusals will not be considered by the UKBA as contributing to the 2 percent limit for students who fail to enrol in accordance with the criterion. UKBA replied that students that are refused are not counted under the failed to enrol percentage as this percentage is only for students issued with leave to enter or remain. The UKBA will also look at updating the information on the website.
The advice on the website also refers to students who have missed 10 expected contacts as being included in the figures for students who have failed to complete the course. However, the Sponsor Guidance allows for a student who has missed 10 contacts to be taken back by the college. We therefore also wrote to UKBA asking them to confirm that students who are taken back by a college will not count against a college for HTS purposes. UKBA replied that they will assess the application based on the last report received by the institution. Therefore if the last migrant reporting was ceased study, the student will count. However, if the last report indicates that the institution is now sponsoring the student, they won’t count.
Reporting refusals
We are also aware that a number of colleges are being told that they must now report refusals and asked the UKBA for their comments.
Paragraph 348 of the new Sponsor Guidance covers failure to enrol and states that a sponsor must report any student to whom a CAS has been issued and who fails to present themselves and enrol no later than 10 days after the end of the prescribed enrolment period. Previously, this was considered not to relate to refusals on the basis of advice from the UKBA that a student does not become a sponsored student until granted an entry clearance or leave to remain. However, the UKBA has now stated that once a CAS has been assigned and used in a leave application, reporting duties are conferred on the sponsor. Therefore refused students need to be reported as failed to enrol. We have some reservations about this advice and will be exploring it further but in the meantime Colleges will wish to note the formal advice provided by the UKBA.
Tier 2: Restricted COS
Under the new Tier 2 Rules, Certificates of Sponsorship (COS) were divided into two groups, restricted and unrestricted. Restricted COS are for people who are currently overseas who do not already have permission to live and work in the UK. A monthly limit is applied to the number of COS that can be issued. Whilst many employers were concerned that these arrangements would limit their ability to recruit new staff from abroad, the figures published by the UKBA for the first two months of the scheme (April and May) show that all applications have been successful and that a large number of the COS available were unused. Unused COS are rolled forward to the following month.
April 2011
The first monthly allocation took place on 11 April 2011. All valid applications received by 6 April 2011 were successful if they scored at least 32 points.
Certificates of sponsorship set aside from annual limit for allocation in April 4,200
Certificates of sponsorship granted in April allocation 1,019
Balance of certificates of sponsorship carried over to May 3,181
May 2011
The second monthly allocation took place on 11 April 2011. All valid applications received by 6 May 2011 were successful if they scored at least 32 points.
Balance of certificates of sponsorship carried over from April 3,181
Certificates of sponsorship set aside from annual limit for allocation in May 1,500
Certificates of sponsorship returned or reclaimed between 7 April and 5 May 2011 3
Certificates of sponsorship granted by exceptional consideration outside the monthly allocation, between 7 April and 5 May 2011 18
Certificates of sponsorship available for allocation in May 4,666
Certificates of sponsorship granted in May allocation 781
Balance of certificates of sponsorship carried over to June 3,885
Certificates of sponsorship available for allocation in June 5,365
http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/employingmigrants/apply-for-restricted-cos/allocations/
Appeals
On 19th May the Immigration Minister announced that Section 19 of the UK Borders
Act 2007 would come into force on 23 May 2011. Section 19 restricts the evidence an appellant can rely on at such an appeal to that which is submitted to and considered by the UK Border Agency in support of an application. Section 19 will restrict the type of new evidence that can be taken into account by the Tribunal. The UKBA claims that around two-thirds of PBS appeals allowed by the Tribunal are due to the submission of further evidence at appeal. The Government sees this as a misuse of the appeals system as a free second application process and stated that it is not right that the taxpayer should foot the administrative and appeals bill where this information should have been put forward as part of the original application or where a second application including all the necessary information (for which we will charge) is the most appropriate route to securing a grant of leave.
The Commencement Order will come into force on 23 May and will apply to all appeals heard for the first time against refusals of applications to remain in the UK under the Points
Based System, regardless of the date that appeal was lodged. Appeals that have been part or fully-heard by the First-tier Tribunal (Immigration and Asylum Chamber) by this date will not be affected.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/wms-section-19.pdf
The changes will clearly make some refusals less appealable and place a greater onus on applicants and sponsors to ensure that applications are correct in the first place.
Independent Chief Inspector report on Scotland and Northern Ireland
On 20th May, John Vine CBE QPM, the Independent Chief Inspector of the UK Border Agency, published three reports focusing on the UKBA’s operations in Scotland and Northern Ireland: border operations, countering abuse of the Common Travel Area, and the Agency’s representation at first-tier appeals in Scotland. Full details can be found via the following link.
http://icinspector.independent.gov.uk/news/
British Council to introduce “Education Intelligence”
British Council will unveil its plans for a global service devoted to international higher education at the NAFSA 2011 Annual Conference which is held in Vancouver, Canada, from 29 May – 3 June 2011. This market intelligence service aims to provide research and analysis about trends in international higher education to policymakers, education providers and individuals. This will help education providers to know more about the trends in student mobility flows and current national policies in order to make good decisions.
http://www.prweb.com/releases/2011/5/prweb8470025.htm
Veristat Services
Student Visa applications
We are also increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk
Student Recruitment: Turkey and South America
We are currently inviting expressions of interest in student recruitment fairs in August in Turkey; September in Brazil; and October in Argentina. Full details of the fair service we operate can be found at http://www.veristat.co.uk/studentrecruitment.aspx. We also appreciate that each institution has different requirements so we are more than happy to fit our services to meet your needs. Should you require any further details or wish to book a place on any of the you can visit the link above or email us at enquiries@veristat.co.uk or call on 0161 247 8632.
HTS applications and immigration support
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 enquiries@veristat.co.uk
We have had a number of enquiries from colleges following the publication of the new HTS application form valid from 21st April and revisions to the HTS guidance on the UKBA website. The problem is the apparent conflict between the information on the HTS application form and UKBA website; and the HTS criteria as included in the new Sponsor Guidance, particularly in respect of refusals.
The application form and website both state that refusals should be counted under failure to enrol. However, the HTS criterion relating to failure to enrol, refers to students who have no intention to study and states that it applies where students have used a CAS issued by the sponsor and who have entered or remained in the UK but have not enrolled with within 1 month of the course commencing. This criterion clearly does not apply to students who have been refused, not least because they will not have entered the UK.
We have been in touch with the UKBA and asked them to confirm that refusals will not be considered by the UKBA as contributing to the 2 percent limit for students who fail to enrol in accordance with the criterion. UKBA replied that students that are refused are not counted under the failed to enrol percentage as this percentage is only for students issued with leave to enter or remain. The UKBA will also look at updating the information on the website.
The advice on the website also refers to students who have missed 10 expected contacts as being included in the figures for students who have failed to complete the course. However, the Sponsor Guidance allows for a student who has missed 10 contacts to be taken back by the college. We therefore also wrote to UKBA asking them to confirm that students who are taken back by a college will not count against a college for HTS purposes. UKBA replied that they will assess the application based on the last report received by the institution. Therefore if the last migrant reporting was ceased study, the student will count. However, if the last report indicates that the institution is now sponsoring the student, they won’t count.
Reporting refusals
We are also aware that a number of colleges are being told that they must now report refusals and asked the UKBA for their comments.
Paragraph 348 of the new Sponsor Guidance covers failure to enrol and states that a sponsor must report any student to whom a CAS has been issued and who fails to present themselves and enrol no later than 10 days after the end of the prescribed enrolment period. Previously, this was considered not to relate to refusals on the basis of advice from the UKBA that a student does not become a sponsored student until granted an entry clearance or leave to remain. However, the UKBA has now stated that once a CAS has been assigned and used in a leave application, reporting duties are conferred on the sponsor. Therefore refused students need to be reported as failed to enrol. We have some reservations about this advice and will be exploring it further but in the meantime Colleges will wish to note the formal advice provided by the UKBA.
Tier 2: Restricted COS
Under the new Tier 2 Rules, Certificates of Sponsorship (COS) were divided into two groups, restricted and unrestricted. Restricted COS are for people who are currently overseas who do not already have permission to live and work in the UK. A monthly limit is applied to the number of COS that can be issued. Whilst many employers were concerned that these arrangements would limit their ability to recruit new staff from abroad, the figures published by the UKBA for the first two months of the scheme (April and May) show that all applications have been successful and that a large number of the COS available were unused. Unused COS are rolled forward to the following month.
April 2011
The first monthly allocation took place on 11 April 2011. All valid applications received by 6 April 2011 were successful if they scored at least 32 points.
Certificates of sponsorship set aside from annual limit for allocation in April 4,200
Certificates of sponsorship granted in April allocation 1,019
Balance of certificates of sponsorship carried over to May 3,181
May 2011
The second monthly allocation took place on 11 April 2011. All valid applications received by 6 May 2011 were successful if they scored at least 32 points.
Balance of certificates of sponsorship carried over from April 3,181
Certificates of sponsorship set aside from annual limit for allocation in May 1,500
Certificates of sponsorship returned or reclaimed between 7 April and 5 May 2011 3
Certificates of sponsorship granted by exceptional consideration outside the monthly allocation, between 7 April and 5 May 2011 18
Certificates of sponsorship available for allocation in May 4,666
Certificates of sponsorship granted in May allocation 781
Balance of certificates of sponsorship carried over to June 3,885
Certificates of sponsorship available for allocation in June 5,365
http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/employingmigrants/apply-for-restricted-cos/allocations/
Appeals
On 19th May the Immigration Minister announced that Section 19 of the UK Borders
Act 2007 would come into force on 23 May 2011. Section 19 restricts the evidence an appellant can rely on at such an appeal to that which is submitted to and considered by the UK Border Agency in support of an application. Section 19 will restrict the type of new evidence that can be taken into account by the Tribunal. The UKBA claims that around two-thirds of PBS appeals allowed by the Tribunal are due to the submission of further evidence at appeal. The Government sees this as a misuse of the appeals system as a free second application process and stated that it is not right that the taxpayer should foot the administrative and appeals bill where this information should have been put forward as part of the original application or where a second application including all the necessary information (for which we will charge) is the most appropriate route to securing a grant of leave.
The Commencement Order will come into force on 23 May and will apply to all appeals heard for the first time against refusals of applications to remain in the UK under the Points
Based System, regardless of the date that appeal was lodged. Appeals that have been part or fully-heard by the First-tier Tribunal (Immigration and Asylum Chamber) by this date will not be affected.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/wms-section-19.pdf
The changes will clearly make some refusals less appealable and place a greater onus on applicants and sponsors to ensure that applications are correct in the first place.
Independent Chief Inspector report on Scotland and Northern Ireland
On 20th May, John Vine CBE QPM, the Independent Chief Inspector of the UK Border Agency, published three reports focusing on the UKBA’s operations in Scotland and Northern Ireland: border operations, countering abuse of the Common Travel Area, and the Agency’s representation at first-tier appeals in Scotland. Full details can be found via the following link.
http://icinspector.independent.gov.uk/news/
British Council to introduce “Education Intelligence”
British Council will unveil its plans for a global service devoted to international higher education at the NAFSA 2011 Annual Conference which is held in Vancouver, Canada, from 29 May – 3 June 2011. This market intelligence service aims to provide research and analysis about trends in international higher education to policymakers, education providers and individuals. This will help education providers to know more about the trends in student mobility flows and current national policies in order to make good decisions.
http://www.prweb.com/releases/2011/5/prweb8470025.htm
Veristat Services
Student Visa applications
We are also increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk
Student Recruitment: Turkey and South America
We are currently inviting expressions of interest in student recruitment fairs in August in Turkey; September in Brazil; and October in Argentina. Full details of the fair service we operate can be found at http://www.veristat.co.uk/studentrecruitment.aspx. We also appreciate that each institution has different requirements so we are more than happy to fit our services to meet your needs. Should you require any further details or wish to book a place on any of the you can visit the link above or email us at enquiries@veristat.co.uk or call on 0161 247 8632.
HTS applications and immigration support
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 enquiries@veristat.co.uk
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