• The new HTS Guidance was published on 5th September 2011 in an updated version of the sponsor guidance http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/guidancefrom31mar09/sponsor-guidance-t4-050911.pdf?view=Binary
• Unsurprisingly, the key elements of the HTS Guidance are much as had been set out in the consultation document. The main clarifications are in relation to transitional arrangements for A and B rated colleges; the deadline for HTS applications; and how to calculate the percentages under the mandatory and measurable requirements.
Transitional Arrangements
• HTS requires a college to have had a UKBA licence for 12 months and an A rating for 6 months. Any college that does not already have HTS and meets these criteria must apply for HTS by 9th October 2011. If a college in these circumstances does not apply before the deadline, its licence will be revoked.
• In all cases, in order to be able to continue towards HTS, a sponsor must have applied for the new educational oversight arrangements (e.g. QAA or ISI) by the deadlines set. If a college does not do so, it will become a “legacy sponsor”. A legacy sponsor will have its details removed from the Tier 4 register and its CAS allocation set to zero. Students at the college will be able to continue until the completion of their courses (or the expiry of the licence whichever is the sooner) and the college will be able to apply for CAS for them to extend their stay where necessary to complete the course. Where CAS have been issued before the college is designated as a “legacy sponsor” the student will still be allowed to apply for a visa and join the course (see paragraphs 79 – 85 of the Guidance).
• If a college has previously been refused HTS, it must re-apply for HTS no later than 6 months after the date of the UKBA letter notifying the previous refusal or by 9th October 2011, whichever is the later.
• If a college has not had a licence for 12 months, it must apply as soon as it has had the licence for 12 months. Similarly, if a college has not had an A rating for 6 months, it must apply for HTS as soon as the 6 month point is reached.
• If a college is B rated and the only reason for the B rating is the lack of a full accreditation from one of the previous bodies (e.g. ASIC/BAC); or if you have met the other conditions of your action plan; and the college has applied for accreditation by QAA/ISI by 9th September 2011 then the college can apply for and will be granted an A rating subject to there being no further concerns. The college will then be granted a proportionate number of CAS. At this point the Guidance refers back to paragraphs 179-180 on how the allocation will be calculated, which in turn refers back to the 2010/11 comparative period. This concession does not therefore appear to help those colleges who were allocated zero CAS under the interim limit because they did not issue any CAS during the comparative period.
• If a college has been B rated and has not been A rated for 6 months, the college must apply for HTS as soon as it has been A rated for 6 months.
• An application for HTS can be made up to one month before the due date but the application will not start to be processed until the due date is reached. Colleges should then expect to wait around 12 weeks whilst the application is being processed.
HTS Criteria
• The criteria are divided into the mandatory and measurable as per the consultation document and can be found in paragraph 270 of the Guidance. All calculations are based on the 12 month period prior to the date of the application.
• Refusals (mandatory less than 20%) will be calculated as a percentage of CAS you have assigned over the 12 month period and which students have used to make an application for a visa or leave to remain.
• Enrolment rate (mandatory more than 90%) is the number of students who have been issued with a visa and who have enrolled on the course. So, if 100 students were granted visas and two failed to enrol (so called “no shows”) your percentage would be 98% enrolled.
• Course completion (mandatory 85%) is the number of students whose courses were due to end during the 12 month period but who failed to complete the course. The percentage is calculated as the percentage of all students who were due to complete the course during the period. Note that this is slightly different from the measures above because it relates to those whose courses were due to END in the 12 month period. In some cases they may therefore have been issued a CAS before the start of the 12 month period. Whilst recognising what the UKBA is trying to achieve, in my view this is an unsatisfactory measure as the baseline will vary in accordance with the mix and length of courses run by the college and their recruitment policies. The UKBA also recognises that if no students were due to complete a course during the 12 month period, this criterion will not be assessed. On the positive side, the previous criteria of assessing the number of students who left within a particular segment of a course is not included under the new arrangements.
• The Guidance does not refer to exceptions for where a student has moved to another college or left the UK. We are writing to the UKBA to confirm that these exceptions still apply.
• Course progression. This covers the requirement for colleges to have confirmed academic progression on CAS as required in accordance with paragraphs 371 – 377 of the Guidance.
• If an HTS application scores less than 70 points on the measurable criteria this may be referred to as a near miss and the college will be allowed to submit a further application. The Guidance does not define what constitutes a “near miss”. The consultation document referred to a waiting period of 3 months before re-application but there is no specific timing in the Guidance only that UKBA will write and state when a further application can be made. The Guidance states that if a second application is refused, the college’s licence will be revoked; and if it is a further “near miss”, the college will become a legacy sponsor.
Applications
• A new HTS application form has been published on the UKBA website.
• The form no longer asks for the college to enter details of their percentages under the various criteria. This will in future be done by UKBA.
• The spreadsheet is still available on the website. This does not need to be sent with the application but it is recommended that colleges complete it in case it is requested and also to provide a means of self assessment as we have seen a number of cases where the data used by the UKBA has proved to be incorrect.
Wednesday 7 September 2011
Monday 5 September 2011
Immigration Notes: September 2011
Immigration Notes: September 2011
Tier 4
Tier 4 visa cuts are to be challenged in court
The Association of UK Private Schools and Colleges has been given the go ahead to challenge government plans to cut student visas. A judge gave the Association of UK Private Schools and Colleges permission to ask the high court to review plans to cut student visas.
Deputy high court judge Charles George, QC, said that the Association could seek a high court ruling. At a preliminary high court hearing in London, he said the association had an "arguable" case for a review. But he thought college bosses would face an "uphill task" in persuading a judge that the Home Secretary had acted unreasonably.
http://www.guardian.co.uk/education/2011/aug/15/colleges-challenge-student-visa-clampdown
Students with International baccalaureate qualifications
Students relying on International Baccalaureate qualifications awarded in July 2011 will not be able to provide their certificates in time to apply for university courses starting in September. Information on how these students can still apply under Tier 4 can be found at
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/57-tier-4?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
There are currently no similar concessions available for A Level students.
Tiers 1 and 2
Tier 1 (Exceptional talent)
The Tier 1 (Exceptional talent) category of the points-based system is open for applications. This category is for people who are recognised at an international level in the fields of science and arts. The applications for Tier 1 (Exceptional talent) must be made from abroad.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/23-t1et-open?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Tier 2: Changes affecting restricted certificate of sponsorship (RCoS) applications
On 1 October 2011 UKBA will be introducing changes to the sponsorship management system (SMS), which will affect the way sponsors apply for restricted certificates of sponsorship (RCoS) in Tier 2 General. The changes will allow sponsors to use the sponsorship management system account to:
• submit applications for restricted certificates of sponsorship;
• withdraw applications for restricted certificates of sponsorship;
• track the progress and outcome of applications for restricted certificates of sponsorship;
• base a new application for restricted certificates of sponsorship on the details submitted in a previous application; and
• view restricted certificates of sponsorship allocation including the number of restricted certificates of sponsorship assigned.
There will be transitional arrangements for moving from the current on-line application process to sponsorship management system, which will affect the way sponsors make an application for restricted certificates of sponsorship between 6 September 2011 and 9 October 2011. The transitional arrangements will also affect the dates by which restricted certificates of sponsorship granted prior to 30 September 2011 should be assigned.
Full details together with a timetable can be found via the link below.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/50changes-rcos?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Tier 2: Restricted Certificates of Sponsorship available
The United Kingdom Border Agency figures show that there are 7,000 certificates of sponsorship available to employers under Tier 2 of the points system. 6,223 CAS are carried forward to September, which add to September’s quota of 1,500.
http://www.ein.org.uk/news/over-7000-certificates-sponsorship-available-employers-supply-exceeds-demand
Change to sponsorship methods from 1 October 2011
From 1 October 2011, the UKBA will no longer accept cheque payments for certificates of sponsorship, confirmation of acceptance to study and sponsor applications. They will only accept online payments. The online payment can be made using any of the following cards: Visa (debit or credit), American Express, Delta, Master Card and Maestro.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/51change-sponsorship-payment?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
General Immigration Matters
Validity of online visa applications
The online visa applications form is valid for 30 days from the date when applicants start the application process online. Applicants must ensure that they prepare their documents, pay their visa application fee and book an appointment before the deadline.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/35-visa-application-validity?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Common Travel Area Report
The UKBA has published a report on the new border arrangements at Northern Ireland sea ports. It outlines the emerging findings from the initial review of the new arrangements and it assesses their impact over the period 1 January and 30 April 2011. The conclusion of the report is that these arrangements have been successful in increasing the number of immigration offenders detected. A further assessment will be made during early 2012.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/02-cta?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Improved service for booking UK appointments online
The UKBA has launched a new improved online service for booking appointments at public enquiry offices and biometric enrolment centres in the UK. Users create an online account and can then book and reschedule appointments online without needing to phone UKBA. All UK appointments will be available to book online, except those at Belfast public enquiry office where the appointment will need to be made by telephone.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/08-booking-appointments
Language tests for partners
The UK Border Agency has published a list of approved providers of English language tests for non-European migrants applying to come to the UK to join or marry their settled partner.
On 26 July, the UKBA announced that English language tests will be compulsory for these migrants from 29 November 2010.
From that date, any migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English, by taking an English language test with one of the UKBA’s approved test providers. The term 'partner' means husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or proposed civil partner. The tests will be compulsory for people applying from within the UK, and for visa applicants from overseas.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/275292/46-english-test-partners
A full list of the approved test providers for partners is available via the following link
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/partners-other-family/english-tests-partners.pdf
Veristat Services
Student Visa applications
We are 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
Tier 4
Tier 4 visa cuts are to be challenged in court
The Association of UK Private Schools and Colleges has been given the go ahead to challenge government plans to cut student visas. A judge gave the Association of UK Private Schools and Colleges permission to ask the high court to review plans to cut student visas.
Deputy high court judge Charles George, QC, said that the Association could seek a high court ruling. At a preliminary high court hearing in London, he said the association had an "arguable" case for a review. But he thought college bosses would face an "uphill task" in persuading a judge that the Home Secretary had acted unreasonably.
http://www.guardian.co.uk/education/2011/aug/15/colleges-challenge-student-visa-clampdown
Students with International baccalaureate qualifications
Students relying on International Baccalaureate qualifications awarded in July 2011 will not be able to provide their certificates in time to apply for university courses starting in September. Information on how these students can still apply under Tier 4 can be found at
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/57-tier-4?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
There are currently no similar concessions available for A Level students.
Tiers 1 and 2
Tier 1 (Exceptional talent)
The Tier 1 (Exceptional talent) category of the points-based system is open for applications. This category is for people who are recognised at an international level in the fields of science and arts. The applications for Tier 1 (Exceptional talent) must be made from abroad.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/23-t1et-open?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Tier 2: Changes affecting restricted certificate of sponsorship (RCoS) applications
On 1 October 2011 UKBA will be introducing changes to the sponsorship management system (SMS), which will affect the way sponsors apply for restricted certificates of sponsorship (RCoS) in Tier 2 General. The changes will allow sponsors to use the sponsorship management system account to:
• submit applications for restricted certificates of sponsorship;
• withdraw applications for restricted certificates of sponsorship;
• track the progress and outcome of applications for restricted certificates of sponsorship;
• base a new application for restricted certificates of sponsorship on the details submitted in a previous application; and
• view restricted certificates of sponsorship allocation including the number of restricted certificates of sponsorship assigned.
There will be transitional arrangements for moving from the current on-line application process to sponsorship management system, which will affect the way sponsors make an application for restricted certificates of sponsorship between 6 September 2011 and 9 October 2011. The transitional arrangements will also affect the dates by which restricted certificates of sponsorship granted prior to 30 September 2011 should be assigned.
Full details together with a timetable can be found via the link below.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/50changes-rcos?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Tier 2: Restricted Certificates of Sponsorship available
The United Kingdom Border Agency figures show that there are 7,000 certificates of sponsorship available to employers under Tier 2 of the points system. 6,223 CAS are carried forward to September, which add to September’s quota of 1,500.
http://www.ein.org.uk/news/over-7000-certificates-sponsorship-available-employers-supply-exceeds-demand
Change to sponsorship methods from 1 October 2011
From 1 October 2011, the UKBA will no longer accept cheque payments for certificates of sponsorship, confirmation of acceptance to study and sponsor applications. They will only accept online payments. The online payment can be made using any of the following cards: Visa (debit or credit), American Express, Delta, Master Card and Maestro.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/51change-sponsorship-payment?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
General Immigration Matters
Validity of online visa applications
The online visa applications form is valid for 30 days from the date when applicants start the application process online. Applicants must ensure that they prepare their documents, pay their visa application fee and book an appointment before the deadline.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/35-visa-application-validity?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Common Travel Area Report
The UKBA has published a report on the new border arrangements at Northern Ireland sea ports. It outlines the emerging findings from the initial review of the new arrangements and it assesses their impact over the period 1 January and 30 April 2011. The conclusion of the report is that these arrangements have been successful in increasing the number of immigration offenders detected. A further assessment will be made during early 2012.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/02-cta?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Improved service for booking UK appointments online
The UKBA has launched a new improved online service for booking appointments at public enquiry offices and biometric enrolment centres in the UK. Users create an online account and can then book and reschedule appointments online without needing to phone UKBA. All UK appointments will be available to book online, except those at Belfast public enquiry office where the appointment will need to be made by telephone.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/08-booking-appointments
Language tests for partners
The UK Border Agency has published a list of approved providers of English language tests for non-European migrants applying to come to the UK to join or marry their settled partner.
On 26 July, the UKBA announced that English language tests will be compulsory for these migrants from 29 November 2010.
From that date, any migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English, by taking an English language test with one of the UKBA’s approved test providers. The term 'partner' means husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or proposed civil partner. The tests will be compulsory for people applying from within the UK, and for visa applicants from overseas.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/275292/46-english-test-partners
A full list of the approved test providers for partners is available via the following link
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/partners-other-family/english-tests-partners.pdf
Veristat Services
Student Visa applications
We are 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
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