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.