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
