Immigration Notes: March 2011

Damian Green speaks on UK Immigration and Students

Immigration Minister Damian Green gave a speech to the Reform Think Tank on 1 February 2011 marking the end of the consultation period on students. The speech covered the full range of government policy on immigration but interestingly, the section on students concluded with the Minister highlighting the following 4 points for the future:
• that only providers who are Highly Trusted will be able to offer courses below degree level (NQF level 6)
• that we create a stricter system of accreditation and inspection for those providers not regulated by OFSTED
• that all tier 4 students should speak English at upper intermediate level on the European reference framework (bearing in mind the minimum level of course in tier 4 is A-level equivalent and above)
• to increase the ratio of classroom study to work on courses with a work placement component
Whilst these points cannot represent a firm policy until responses received under the consultation have been fully considered, they do provide a strong indicator of the way Government is thinking.

On Post Study Work the Minister stated: “At a time when graduate unemployment is at its highest level for seventeen years we need a more targeted approach. I proposed in the consultation that students should still be able to switch into tier 2 jobs, but they must have an offer from a sponsor rather than having unfettered access to the UK labour market for two years through the Post Study route, competing for jobs with the hundreds of thousands of unemployed UK graduates. We will consider the options, for example reducing the length of time that graduates can seek skilled work in the UK, in the light of the consultation responses.”
A copy of the full speech can be downloaded from http://www.homeoffice.gov.uk/media-centre/speeches/immigration-reform

Tier 4 Restrictions: Implications for Universities

A report for the Higher Education Policy Institute (HEPI) states that measures to curb student numbers would cause UK universities lose billions of pounds. The study by Professor Edward Acton also argues that the current plans are designed to cut recruitment rather than visa abuse, will have a negative impact on the UK’s economy and affect Britain’s ability to compete effectively on the global stage.
http://www.hepi.ac.uk/466-1934/The-UKBA%e2%80%99s-Proposed-Restrictions-on-Tier-4-visas--implications-for-University-recruitment-of-overseas-students.html

Secure English language tests

The application process for the provision of secure English language tests closed on 31 January 2011. The new list will be published in Spring 2011.

Tier 2: Eligible Occupations

The Migration Advisory Committee (MAC) has recommended a new shorter list of occupations eligible for migration under Tier 2 of the points-based system. As part of its review of the immigration system, the government raised the threshold for Tier 2 visas to 'graduate level' and commissioned the MAC to examine which occupations should qualify.

The government asked that the MAC use the National Qualifications Framework (NQF) level 4 and above as the relevant benchmark. This will reduce the number of occupations qualifying for Tier 2 visas by 71, down from 192 to 121. The shorter list of occupations means that Tier 2 applicants will only be able to apply for jobs covering the most skilled 39 per cent of the labour market rather than the current 56 per cent.

Among the occupations which would still qualify for entry under Tier 2 of the points-based system are nurses, teaching professionals, civil engineers and finance and investment analysts. Occupations which were qualified as skilled to the old level but are not to the new one include retail managers, hairdressing and beauty salon managers, laboratory technicians, and estate agents.

Tier 2: Independent Chief Inspector’s Report

The Independent Chief Inspector of the UK Border agency published on 16 February 2011 his thematic report on Tier 2 of the points-based system (PBS) with the summary comment that the UK Border Agency needs to implement and maintain a consistent approach to decision making and also increase its focus on compliance of the skilled migrant tier (Tier 2) of the points-based system.

The inspection took place between July and August 2010 and focused specifically on the General and Intra-Company Transfer categories of Tier 2, assessing the quality of decisions, compliance and customer service. The inspection found:
The Chief Inspector was concerned to find:
• Inconsistent approaches to the decision making process on Tier 2 cases which meant that some applications were refused because of minor omissions of evidence or information whereas others were given additional time to supply the missing information;
• Applicants were having to make and pay for subsequent applications because of minor omissions which could have been addressed with minimal effort by the Agency;
• As a result of subsequent applications, the Agency was having to use additional resources to make further assessments and decisions;
• There was no evidence of a systematic approach to ensure that post-licensing visits were carried out on sponsors retrospectively; and
• the Agency did not routinely take the required action to curtail the leave of migrants who had stopped working for their sponsor whilst on a Tier 2 visa.
On the positive side, the Chief Inspector noted that on the whole, UKBA was meeting its performance targets for processing Tier 2 applications; there was positive feedback from stakeholders on working relationships; and staff demonstrated professionalism, enthusiasm and commitment.
http://icinspector.independent.gov.uk/news/

Proposed Changes to Tier 2

The Government has announced details of its intentions regarding skilled workers applying under Tier 2. The statement is not definitive as the rules will be subject Parliamentary scrutiny but it give a very good idea of what is planned for the future. It is expected that the changes will be placed before Parliament during March with a view to implementation in April 2011.

Under the new system, employers will have to apply for a certificate of sponsorship from the UK Border Agency for a specific post if they wish to bring someone to the UK which is a change from the current system which gives businesses an annual allocation.

The government has also announced that employers filling a vacancy that attracts a salary of £150,000 or more will not be subject to the limit on the number of certificates of sponsorship that may be allocated.

The annual limit of 20,700 certificate of sponsorship will be divided into 12 monthly allocations. Due to the likely demand in the first month, 4,200 certificate of sponsorship will be made available in April. After that the limit will be set at 1,500 places per month. Any places that are unused each month will be rolled over to the following month.

In the event that the monthly allocation is over subscribed, certificates of sponsorship applications will be ranked using a points system designed to favour jobs on the shortage occupation list, scientific researchers and those with a higher salary. Once a certificate of sponsorship has then been granted to an employer it must be assigned to the prospective employee within 3 months.

Workers from outside the EU who want to come to the UK will need to have a graduate level job, speak an intermediate level of English, and meet specific salary and employment requirements.

The intra-company transfer route, which is not part of the annual limit, will also be changed in 3 ways:
• The job will have to be in an occupation on the graduate occupation list;
• Only those paid £40,000 or more will be able to stay for more than a year. They will be granted for 3 years with the possibility of extending for a further 2; and
• Those paid between £24,000 and £40,000 will be allowed to come to the UK for no longer than 12 months, at which point they must leave and will not be able to re-apply for 12 months.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/reports/soi-tier2/tier2-soi-transitional-measures?view=Binary

New UKBA Fees

The Immigration minister Damian Green has announced new fees for those wishing to visit, study and work in the UK. A copy of the Minster statement and details of the new fees can be found via the link below. The list includes a new fee of £160 for “permission to change course”. This is “for migrants that applied to UKBA for permission to study from 31 March 2009 to 4 October 2009”.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/wms-fees-spring-2011.pdf


Indefinite Leave to Remain (ILR)

New guidance on how to calculate the qualifying period for indefinite leave to remain has been published and can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/ilr-calculating-continuous/ilr-calculating-continuous.pdf?view=Binary

Libya

Due to the current situation in Libya, the UK visa application centre in Tripoli has been temporarily closed. The UKBA advice to Libyans in the UK who are due to leave in the coming days and weeks is to keep proof of original travel plans as evidence of their intention to comply with their visa requirements. They should continue to monitor the situation regarding travel advice to Libya, and make arrangements to return as soon as it is safe to do so. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/february/59libya-ukba-operations

India: New law covering education agents

A new law being proposed in India would make it compulsory for education agents to register with the Indian government. The Ministry of Overseas Indian Affairs is reported as saying that it will introduce a bill regulating overseas university agents, providing for both a fine and a jail term for unregistered education agents.
http://www.universityworldnews.com/article.php?story=20110204224357407


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Support for Tier 4 Sponsors

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