Changes to the Immigration Rules: the Ongoing Debate
The changes to the Immigration Rules that came into being on 21st April 2011 remain a major subject of discussion. Some bodies such as the newly formed Association of UK Private Schools and Colleges http://www.aukisc.co.uk are reported to be pursuing legal action; others such as Study UK have decided against legal challenge but are working behind the scenes with BIS, UKBA and others to secure concessions whilst also encouraging members to lobby their MPs; and some smaller groups and individual colleges are contemplating legal action on issues that particularly affect them.
There are a number of issues involved in the current debate which it is useful to identify and address separately.
Firstly there is the position of colleges whose licence was granted around the turn of the year and who have been allocated zero CAS because they were unable to issue any CAS that resulted in the successful issuing of visas before 28th February 2011.
This group has clearly been disadvantaged. Had they been granted a licence a few months earlier they would have been able to demonstrate a history of successful CAS and visas issued and been granted an allocation. Equally, had they been granted a licence after 28th February 2011, they would have benefitted from the new formula.
However, in many cases it was simply not possible for these colleges to issue a CAS resulting in the successful issue of a visa before 28th February due to the time taken by the UKBA in processing applications. Also, the UKBA has described the period during which they did not issue a CAS successfully as commencing from the date of issue of the licence whereas in most if not all cases, the colleges had an action plan and were not able to issue CAS until after their payment for the action plan had been processed.
As a result, the UKBA (whether intentionally or not) has created a situation whereby a small group of colleges have been clearly disadvantaged and put in place a barrier to the continuation of their businesses that they could not possibly overcome. The easiest solution would of course be for the UKBA to treat colleges who find themselves in this situation in the same way as colleges who applied after 28th February but before 21st April and who the UKBA recognise where not in a position to meet the requirements on CAS issued during the relevant period. In practice, these colleges are in exactly the same situation.
A second issue is the change to the Immigration Rules to state that only A rated colleges can issue CAS. There are indications particularly in some parts of the wording of the Statement of Intent that this was intended to apply to colleges that had been downgraded rather than colleges that had been issued with a B rating as a normal consequence of being a new college awaiting a stage 3 accreditation. In the early days of PBS many colleges in this position would have been granted an A rating immediately and the change to awarding a B rating initially did not necessarily suggest that the UKBA had any concerns about the college. Again it is unclear whether this was a deliberate and thought through policy but the result is that colleges are being severely disadvantaged by the UKBA having moved the goalposts.
This issue is, however, slightly different in that colleges do have a remedy available by requesting BAC or ASIC to complete their stage 3 accreditation. Our understanding is that both bodies are undertaking stage 3 accreditations and the UKBA will still recognise them. There are suggestions that even if a college achieves stage 3 accreditation, the UKBA is indicating that it may be many months before they can arrange a visit to upgrade the college. However, there is of course no requirement that a college must be visited before being upgraded and it is doubtful whether the courts would be sympathetic to any unreasonable delay on the part of the UKBA which prevented a college from conducting its business.
The policy of only allowing A rated colleges to issue CAS is a fundamental aspect of the UKBA’s new approach which will require a hard fought legal battle to overturn. Again, the simple solution would of course be for the UKBA to upgrade all colleges to an A rating where the only issue in the action plan is one of accreditation and then to visit colleges over a period and if necessary downgrade.
Whilst attention is (rightly) being focussed on the changes since the 21st April, colleges should not lose sight of the further changes set out in the Statement of Intent as coming into play from July and in particular the restrictions on students in private sector colleges taking employment, as opposed to those in public sector institutions. This is clearly unfair given that some colleges are providing exactly the same course leading to the same award as a university. A number of commentators have opined that any such action would be in contravention of EU competition laws and may also constitute discrimination on racial grounds. Colleges and other stakeholders should not wait for the changes to happen and allow an excuse to be created that there has been little opposition to a change which has such far reaching implications both for colleges and the wider economy. Study UK has suggested a simple but effective question for colleges to pose to MPs or encourage them to ask: "Why should Student X and Y studying the same degree at a UK University and private sector partner college be treated differently; one allowed 20 hrs work, the other no work?”
Marriage
On 4 April 2011 Parliament approved the Remedial Order that will abolish the certificate of approval scheme. This means that the scheme will end on 9 May 2011. At present, any migrant who is already in the UK and is subject to immigration control must apply for a certificate of approval before they can get married or register a civil partnership in this country (unless they are getting married within the Anglican Church).
The requirement to give notice in a designated register office is not affected by the abolition of the certificate of approval scheme. The requirement will remain in force when the scheme is abolished.
The Church of England has also announced that it will be tightening up on so called sham marriages with clergy no longer being vulnerable to charges of misconduct if they refuse to conduct a marriage they believe not to be genuine.
http://www.bbc.co.uk/news/uk-13044322
Settlement
Skilled and highly skilled migrants must now pass the Life in the UK Test if they want to demonstrate that they have met the “knowledge of language and life” requirement for settlement in the UK. From 6 April 2011, migrants in these categories can no longer meet the requirement by passing an English for Speakers of Other Languages (ESOL) qualification, unless they are applying for settlement under UKBA’s transitional arrangements which are, that if you enrolled on an ESOL course or gained an ESOL qualification before 23 November 2010, you can rely on that ESOL qualification in any applications for settlement, regardless of the date of your application. However, if you enrolled on an ESOL course on or after 23 November 2010, you will need to pass the Life in the UK Test if you apply for settlement on or after 6 April 2011
Tier 2
Under the new annual limit, employers will only be able to bring 20,700 non-EU workers under Tier 2 (General). An 1,000 visas will be made available to people of ‘exceptional talent’ who experts believe will make the biggest contribution to science and the arts in the UK. Prospective workers will need to have a graduate-level job offer, speak an intermediate level of English and meet specific salary and employment requirements. Those earning a salary of £150,000 or more will not be subject to the limit.
The Intra Company Transfer route (ICT), 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 given permission to stay for 3 years, with the possibility of extending for a further 2 years; 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 the UK and will not be able to re-apply for 12 months
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/april/07annual-limit-immigration?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
English Language test Providers
The UKBA has published a new list of approved English language test providers for:
- applications under Tiers 1, 2 and 4 of the points-based system; and
- applications by spouses and partners.
There are also a number of transitional arrangements.
- If you apply under Tier 1 or Tier 2, and the UKBA receives your application on or before 17 May 2011, you can demonstrate your English language ability using a test (whether booked or taken) that is on the relevant existing list of approved tests. From 18 May 2011, only tests on the new list can be used to demonstrate your English language ability as part of a Tier 1 or Tier 2 application.
- If you apply as a spouse or partner, and the UKBA receives your application on or before 17 July 2011, you can demonstrate your English language ability using a test (whether booked or taken) that is on the existing list of approved tests for partners. From 18 July 2011, only tests on the new list can be used to demonstrate your English language ability as part of a spouse or partner application.
- There are no transitional arrangements for Tier 4 of the points-based system.
- From 6 April 2011, you can demonstrate your English language ability using a test (whether booked or taken) that is on the new list of approved tests. http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/new-approved-english-tests.pdf
Kenyan students chose to study abroad
Because of the poor quality of Kenyan education, most students would prefer to study abroad, where prestigious education institutions guarantee quality learning. A recent survey found that 57% of the students polled said that they would prefer to study in a foreign university. Government statistics show that in recent years, the number of Kenyans issued with student visas has been rising. Top destinations are the US, the UK and Australia. http://www.universityworldnews.com/article.php?story=20110409153209817
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 specialises 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.
We are also providing a number of colleges with visa services for all of their students at discounted rate 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 contact us via our website at www.studentvisasuk.co.uk
Student Recruitment: Africa
We are currently inviting expressions of interest in student recruitment fairs in June in Accra, Ghana as well as in Abuja and Lagos, Nigeria. in June. The fairs are targeted specifically at students who wish to study abroad therefore providing the perfect opportunity to showcase what your institution has to offer. Africa has been identified as the second largest market source of international students and the UK is seeing increasing numbers of African students coming to study. This coupled with the current emphasis to recruit more international student’s means that now is the best time to have your institution represented in countries such as Ghana and Nigeria.
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 fairs including the upcoming fairs in Africa 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
