Immigration Notes: April 2011

Changes to Tier 4 Student Rules

On 22 March 2011, the Home Secretary announced a number of changes to the current Tier 4 student system. This was followed on Thursday 31st March by the publication of 4 documents:

• The Immigration Rules which is the legislation introducing the changes
• An explanatory statement of the Rules
• A Statement of Intent setting out the Government plans for further change
• Sponsor Guidance covering the detail of how the changes will be implement but also including some additional minor changes to the previous Guidance.

The new Rules come into force on 21 April 2011 and until then are subject to Parliamentary scrutiny. An impact assessment is still to be published.
The changes will inevitably have a significant impact on education providers in the UK at all levels. Not surprisingly, a number of organisations are planning to challenge the new legislation and policy and Veristat in partnership with Quist Solicitors have been advising not only on the legal aspects but also on a holistic approach to challenging the changes. In parallel we have been working hard with both existing and new clients helping them achieve HTS.

Interim Limit

The key change for education providers being introduced under the new Rules will be the interim limit. This will apply to all private sector providers (because they are outside the public system of review and audit) and public sector providers who are not HTS. All education providers sponsoring students under Tier 4 will require HTS by April 2012 and accreditation by one of the public accrediting bodies by December 2012. However, currently neither of the best known public bodies (OSTED and QAA) claim to know anything about the proposed changes or how they will be implemented.

Under the interim limit, as from 21 April, all current CAS allocations will be withdrawn although there is nothing to prevent colleges continuing to issue CAS from their current allocation until that date. From 21 April 2011, a new CAS allocation will be made based on the number of CAS issued during the period 1 March 2010 – 28 February 2011 which have resulted in a successful application for either a visa of extension of stay. Due to the time taken by UKBA to process an application, in practice this suggests the relevant period might only be around 9 months because of the time that needs to be allowed for a decision to be reached on the application.

For colleges who had a licence for only part of the period, the UKBA will use a multiplier to cover the full 12 month period which in the light of the requirement to base the figure on the number of successful CAS issued, may place newer colleges in a better position than those who have been operating for a full year.

Where a sponsor did not have a licence for the period 1 March 2010 – 28 February 2011the interim limit will be the number of CAS allocated less 26% which the UKBA sees as the average number of refusals, a figure previously unpublished.

Where the figure for the last year is zero, the allocation under the interim limit will also be zero which potentially affects colleges whose licence happened to be issued during the early part of this year and who did not have an opportunity to issue any CAS successfully before 28 February 2011.

Also under the new Rules, only colleges who are A rated will be able to issue CAS to new students, despite the fact that current UKBA Guidance states that all new colleges will normally be B rated.

A number of these points appear to be blatantly unfair and open to challenge either legally or by lobbying and together with our partner Quist Solicitors we would be pleased to discuss how we may be able to support colleges or organisations in any of these areas.

Statement of Intent

The statement of Intent covers further proposed change including restrictions on employment; dependants; the length of time a student can study in the UK; and the ending of the post study work provision in March 2012. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/sop4.pdf
The implication is that some or all of these areas remain undecided and that a further set of Rules will be published in a few months. The Guardian reported in early March that David Willetts, the universities minister had told the Home Affairs Select Committee that the areas on which the coalition were most undecided were regarding post study work and ability of spouses of students to work in the UK. http://www.guardian.co.uk/education/2011/mar/03/ministers-limit-international-students

This again provides an excellent opportunity for challenge through lobbying and one on which we will continue to work together with Quist Solicitors.

Home Affairs Committee Students

The Home Affairs Committee has published the report on its findings following the consultation on student visas. The Committee found that international students are “of vital importance” to the British economy.They also concluded that a cap on student visas is “unnecessary and undesirable” and that students are not migrants, even if the UN requires students to be included in migratory flows.
The full report of the Home Affairs Committee on student visas can be found at http://www.parliament.uk/business/committees/committees-a-z/commons-select/home-affairs-committee/news/110317-student-visas-release/

Tier 2 and Tier 5

New Codes of Practice for sponsored skilled workers are being published and 8 occupations are being removed from the shortage occupation list.

The Worker Registration Scheme

The Worker Registration Scheme introduced in 2004 for the so-called A8 countries (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia) will close on 30 April 2011 so that A8 nationals will have access to the labour market on the same terms as other EU nationals (except Bulgarians and Romanians). http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/march/24-wrs-closure

Settlement

The rules for settlement will change on 6 April 2011. The changes include:

• A new criminality threshold
• A new income requirement
• Reform of the English language requirement
• A fast route to settlement for Tier 1 (investor) and Tier 1 (Entrepreneur) who meet the criteria
• http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/42-settlement?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29


Report on Amman and Istanbul visa sections

The Independent Chief Inspector of the UKBA has issued a report following inspections of the UKBA visa operations in Amman and Istanbul. The report‘s findings identified:

• Problems with the quality and consistency of decision making
• Applications incorrectly refused on the assumption that the documents provided were false.
• Failure to retain important supporting documentation.
• Case working notes impossible to understand.
• Applicants refused on the basis of requirements that were not clear to them when they applied for their visas.
• Key evidence provided by applicants ignored.
• On the positive side the Chief Inspector saw evidence of effective working with stakeholders and (Istanbul) identified good examples of effective decision making, well-structured refusal notices and initiative to enhance service quality.
• http://icinspector.independent.gov.uk/wp-content/uploads/2011/02/An-inspection-of-UKBA-visa-section-in-Amman-Jordan.pdf

News from abroad

Worldwide Increase of the number of international students

The number of international students around the world is continuing to increase. UNESCO has reported an annual increase of 12% per year with an increase of more than 75% since 2000. According to the Institute of International Education, the US is the primary destination, with 691,000 students who bring around £12.3bn to the American economy. The top three sending countries are China, India and South Korea.

The UK is the second biggest destination for international students. However, the British Council has revealed that there are more students taking UK degrees in their home countries than there are international students coming to the UK. http://www.bbc.co.uk/news/business-12671198

China

China is the major sending-country of students abroad. In 2009, 229,300 Chinese students went to study abroad. However, China is also becoming a major recipient of international students. In 2008, there were over 200,000 international students in China and the figures are increasing year on year. According to the outline of China’s National Plan for Medium and Long-Term Education Reform and Development (2010-2012), China aims to become the biggest receiving country of international students. http://www.universityworldnews.com/article.php?story=20110325202603176

Veristat Services

Student Visa applications

Following requests from clients, we have launched a new visa application service for students under www.studentvisasuk.co.uk Student VisasUK is part of Veristat and will offer the same high level of professional service as we have been providing to corporate clients. The new service will specialise in providing advice and support to students both in the UK and abroad when applying for a visa to study or an extension of stay. Our charges are open and clear and if students fail to get their visa, we will give them back the money they paid for our services. For further information see our website at www.studentvisasuk.co.uk


Partnership with Quist Solicitors

We are delighted to announce a partnership between Quist Solicitors and Veristat. Between us we have advised over 200 institutions, reduced costly and damaging immigration compliance risks and assisted with licence applications. In partnership we will deliver solutions for businesses and education providers, bringing our combined experience, knowledge, skills and contacts to provide a pro-active immigration risk management service.

Quist is led by Akhtar Raja a solicitor with over 20 years’ experience. Widely considered by major private colleges as the leading firm in the field of sponsor regulatory work, Quist has advised numerous institutions and built a unique experience-base in successfully steering colleges through complex and potentially damaging investigations, applications relating to their licences and where necessary, litigation.

Our strategy is to give our full commitment to achieving the best possible and most cost-effective outcome for individual institutions. We tailor strategies by combining legal challenges or the prospect of legal challenges against the UKBA with focused negotiations and ensuring future compliance. http://www.quistlaw.com/

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