Immigration News and Updates January 2011

News from the UK

The Student Immigration System: Consultation

The UKBA has published a consultation document aimed at addressing abuse of the student route and as a contribution to the Government’s stated aim of reducing migration to the tens of thousands. The consultation document invites views on six main proposals:

1. Raising the level of course students can study. Restricting Tier 4 largely to degree-level courses and child students with only Highly Trusted Sponsors being permitted to offer courses below degree level. This proposal has been widely anticipated. The key is the length of time that will be allowed for the transition to give institutions the opportunity to prepare and apply for HTS. Views are invited on the phasing of such an approach. The student visitor route will continue to cover lower level courses of under six months.
2. Introducing tougher entry criteria for students. Raising the Tier 4 language bar from B1 to B2 and requiring all students, including degree level and English language students, to take one of the UKBA specified tests. The impact of this requirement has been reduced by extending the student visitor visa to 11 months for English language students.
3. Ensuring that international students return to the country of origin after their course. Students wishing to study further in the UK after their initial course would need to show evidence of academic progression to a higher level. The UKBA is also considering whether students should be required to go back to their country of origin in order to apply for a new visa. The proposal also suggests the option of closing the Tier 1 post Study work route.
4. Restricting the entitlements to work and sponsor dependants. Limiting students to work on campus during the week and for any external employer during holiday periods and at weekends. Changing the current 50:50 study/work ratio for work placements to 66:33. Removing permission to work for all Tier 4 dependants except when they qualify in their own right. Restricting accompanying dependants to students allowed to study in the UK for longer than 12 months
5. Simpler procedures for checking low-risk applications such as different requirements regarding evidence of maintenance and previous qualifications defined according to nationality or whether the sponsor is Highly Trusted.
6. Stricter accreditation procedures for education providers in the private sector.
The consultation document contains further background on each of these proposals together with a list of questions on which the UKBA invites views. The consultation process closes on 31 January 2011.
Further details can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/consultations/students/student-consultation.pdf?view=Binary




Home Affairs Committee Enquiry: Impact of proposed restrictions on Tier 4 migration

The Home Affairs Committee announced on 7 December 2010 a new inquiry into the impact of proposed restrictions on Tier 4 migration in response to the Home Secretary launching a public consultation on student visas.
In particular the inquiry will focus on:
• Whether the cuts should be limited to certain types of courses (e.g. pre-degree level);
• The impact different levels of cuts might have on the various sectors;
• The impact, if any, that reductions in student visas might have on the UK’s standing in the world;
• Whether cuts in student visas would have any effect on the decisions of highly qualified graduates to conduct research or take up teaching posts in the UK;
• Whether the post study route should be continued;
• The educational routes through which students come to the UK to study at degree level; and
• International comparisons.
The Committee is seeking written submissions of no more than 2,500 words from interested parties, before it takes oral evidence on this inquiry. Organisations and individuals interested in making written submissions are invited to do so by Friday 14th January 2011. Oral evidence sessions will be held on Tuesdays in the New Year.
Rt Hon Keith Vaz MP, Chair of the Committee, said: “Education is one of this country’s greatest exports. International students often maintain trade and knowledge links with the UK for years after they have returned to their country of origin. The Home Affairs Committee are concerned that any arbitrary decision to restrict the number of international students will be of grave danger to the UK economy and reputation”
“By allowing interested parties to highlight how they might be affected by restrictions on Tier 4 visas, we hope to ensure that any restrictions proposed by the Government do not disadvantage a vibrant and successful industry.”
“We respect the fact that the Government wishes to tighten up the immigration system but feel that, as we stated in our recent report on the immigration cap, efforts would be far better directed towards tackling bogus colleges and those who overstay their visas in order to seek employment, than penalising legitimate students.”
Advice on how to make a submission to the Home Affairs Committee can be found at http://www.parliament.uk/business/committees/committees-a-z/commons-select/home-affairs-committee/news/101207-student-visas/




Extended student visitor visa

From 10 January 2011, international students wishing to attend exclusively English language courses will be able to apply for a student visitor visa. This visa will allow them to stay in the UK for up to 11 months. Students wanting to study other courses in the UK for longer than 6 months will have to apply under Tier 4 of the Points Based System.
The extended student visitor visa will only be available to applicants outside the UK. As with the current student visitor visa, successful applicants will not be allowed to work, bring their dependants or extend their stay in the UK. The fee will be the same as for a student visitor visa. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/dec/34-extended-student-visitor-visa

Approved English language test providers

The UKBA is inviting applications for a new list of approved test providers for migrants who must pass an English language test in order to enter or remain in the UK (Tier 1, 2 and 4; partners of British citizens or settled persons). The exercise will end on 31 January 2011. The new list will be available starting April 2011. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/dec/27english-language-tests

Tier 1 (General)

The UKBA has announced that it will stop accepting Tier 1 (General) applications made overseas from 23 December 2010. Tier 1 (General) overseas will not reopen for applications. Tier 1 (General) in the UK will remain open until 5 April 2011. There will be transitional arrangements beyond 6 April 2011 for some applicants who are already in the UK. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/dec/61-t1g-closure-overseas

New versions of application forms for the Points-based system

The UKBA has published new versions of application forms and policy guidance for the following categories of the PBS:
- Tier 1 (General)
- Tier 1 (Entrepreneur)
- Tier 1 (Investor)
- Tier 1 (Post-study work)
- Tier 2 – all categories (all application form only - no change to policy guidance)
- Tier 5 (Temporary worker) – all subcategories
- PBS Dependant
These new versions reflect the new requirements for Tier 1 and Tier 5 applicants to obtain biometric residence permits and other minor changes.
More details at http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/dec/35-pbs-forms-guidance

Tier 2 interim limit cap challenged

The High Court has ruled that the temporary cap on skilled workers brought in by Home secretary Theresa May was introduced “unlawfully”. Lord Justice Sullivan and Mr Justice Burton stated that the Home secretary had not gone through the appropriate and correct parliamentary procedures before the introduction of the cap. It was also argued that the immigration cap was “not thought through” because there was not sufficient demand for jobs. http://www.bbc.co.uk/news/uk-politics-12022613
Following the judgment, the government introduced a change to the immigration rules setting a limit until 5 April 2011 on the number of certificates of sponsorship that are available to licensed Tier 2 sponsors under Tier 2 (General). The level of the limit will be 10,832, and the changes will take place immediately.

News from abroad

Malaysia

Education has been identified as one of the 12 National Key Economic Areas. Private education, valued at RM 7.2 billion, is reported as transforming Malaysia into the fastest growing education centre in South East Asia. Malaysia is the 11th largest host country for international students, with around 90,000 foreign students from approximately 100 countries. http://www.bernama.com.my/bernama/v5/newsbusiness.php?id=545666

USA

A study released by NAFSA: Association of International Educators estimated that overseas students as well as their families brought to the US economy $18 billion, an increase of $1 billion on the previous year. The report states that it is this country's fifth-largest service-sector export, according to the Department of Commerce.", http://www.universityworldnews.com/article.php?story=20101126205805608

Veristat Services

For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services.