Immigration Notes: October 2011

Tier 4

Highly Trusted Sponsorship for Tier 4 sponsors (New Guidance Published)
Following feedback from the education sector, UKBA has published new guidance on the highly trusted sponsorship for Tier 4 sponsors. This guidance covers:
• Highly Trusted Sponsorship, including the date (9th October 2011) by which Tier 4 sponsors who are eligible need to apply for HTS; what will happen to existing Tier 4 sponsors who do not apply for HTS by the deadline or who do apply and fail; and details of transitional arrangements for sponsors who are not eligible to apply by 9th October 2011.
• Educational oversight, confirming the previously announced detail of the new approach; and information for Tier 4 sponsors who either do not apply by the specified deadline or who apply and fail to obtain it.
There will also be changes to Tier 4 sponsor ratings, as in future, there will be 2 ratings only: ‘A’ rating and Highly Trusted.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/05-tier4
The new HTS guidance can be downloaded from the following webpage:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/guidancefrom31mar09/sponsor-guidance-t4-050911.pdf?view=Binary

The UKBA have also subsequently published answers to some of the questions they have been asked by education providers. These can be downloaded from http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/qahts.pdf

We also note that there is no longer any reference in either the Guidance or the FAQs to not including in the percentage for students who have failed to complete their course those who have returned home, moved college or changed status and we have seen a letter from the UKBA HTS Team stating that they will now be included. If that proves to be the case, we believe that any decision to refuse a college HTS as a result of the inclusion of these figures will be open to challenge.

Academic Progression

We have had a number of enquiries recently about academic progression following correspondence received by colleges from the UKBA reminding them of the need to refer to academic progression on CAS.

Since 4th July 2011, education providers must certify on the CAS that a course represents academic progression where a student has undertaken a previous course in the UK. This does not apply to students coming to the UK for the first time. Nor does it apply if a student is applying for an extension of stay to complete an existing course, even where the course was started in a different institution. However, to be safe, some colleges are referring to academic progression in all cases.

In most cases academic progression will be the taking of a higher level course. However, there may be cases where a student is taking a course at the same or even a lower level. These points are covered in paragraphs 374 and 375 of the Guidance. Note that although allowed under paragraph 375, instances of students taking courses at lower levels should be regarded as exceptional.
At present UKBA caseworkers appear to be reminding colleges where they have overlooked referring to progression but this is unlikely to continue and there will inevitably be cases where a failure to refer to progression will result in refusal. Also note that HTS also includes a requirement that academic progression must be shown in all relevant cases.
Confirmation of academic progression should be included in the evidence provided box on the CAS.
For further information see paragraphs 371 – 375 of the Sponsor Guidance (Version 09/11) http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/guidancefrom31mar09/sponsor-guidance-t4-050911.pdf?view=Binary

Tier 4 Inspection Planned

The Independent Chief Inspector of the UKBA is planning to undertake an inspection of students under Tier 4 of the PBS. You can email comments via the ICI website http://icinspector.independent.gov.uk/

Tier 1 & 2

Tier 2: Consultation over Work Routes leading to settlement has ended
UKBA’s 12-week public consultation on employment related settlement, Tier 5 and overseas domestic workers closed at midnight on Friday 9 September 2011. Over 11,000 responses were received.
The consultation sought views on a range of proposals, including:
• Re-branding the Tier 2 (Skilled worker) route as temporary, ending the assumption that settlement will be available for those who enter on this route
• Allowing certain categories of Tier 2 migrant, for example those earning over £150,000 or occupations of a specific economic or social value to the UK, to retain an automatic route to settlement
• Creating a new category into which, after 3 years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement
• Allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of 5 years with the expectation that they and any dependants will leave at the end of that time
• Introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement
• Restricting the maximum period of leave for Tier 5 temporary workers to 12 months and closing or reforming routes for overseas domestic workers.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/24-consultation

MAC report: Revised shortage occupation list to cover smaller proportion of labour market

The Migration Advisory Committee has advised that the Shortage Occupation List be revised to restrict migrants from outside the European Economic Area to a smaller proportion of occupations within the UK labour market.
The Migration Advisory Committee (MAC) recommends the list be reduced to cover 190,000 employees (not migrants) or well under 1 per cent of the UK workforce. In 2008, before the MAC recommended changes to it, that list covered over 1 million employees. The occupations in the list are the only positions open to migrants from outside the European Economic Area under the shortage occupation route of Tier 2 of the of Points Based System and Tier 2 is subject to an annual limit of 20,700. The latest MAC recommended list provides a more detailed breakdown of the sectors of the labour market affected by shortage. This has enabled the MAC to identify individual job titles rather than broader occupations.

A total of 29 job titles are recommended for removal from the list. They include: secondary school biology teachers; consultants in obstetrics and gynaecology; paediatric surgery; nuclear medicine and paediatric dentistry; veterinary surgeons; and tutti orchestral musicians. The 33 recommended additions to the list include: consultants in emergency medicine; actuaries; specific roles within the visual effects and 2D/3D computer animation for film; television and the video games sectors; high integrity pipe welders; environmental scientists; and operations managers in the decommissioning areas of the nuclear industry and geochemists. The MAC believes that these changes will help to ensure the UK remains a leading global player in these fields. The government will now consider the MAC's recommendations and respond in due course.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/32-mac-revised

General Immigration Matters

Tier 2: Judgement on carers of British Citizens

The Court of Justice of the European Union (ECJ) recently handed down judgement in the case of Ruiz Zambrano (c-34/09). This judgement creates a right to reside and work for the sole carer of a dependent British citizen when that carer has no other right of residence in the UK and removing the carer from the UK would mean the British citizen would have to leave the European Union.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/48-british-carers

UKBA seek feedback on Biometric Residence Permits

UKBA are seeking feedback from anyone who holds a biometric residence permit (formerly known as an identity card for foreign nationals), or have held one in the past.
Please click on the link to the biometric residence permit survey.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/22-residence-permit-bio

EU executive to stop countries bringing back border controls

The Immigration Minister, Damian Green, has reaffirmed the importance of tackling abuse of the family immigration route, and promoting better community integration for those who come to live permanently in the UK.
In a speech at the Centre for Policy Studies on the 15 September, the Minister highlighted research that supports the government’s proposals on family migration. The proposals, which are currently being consulted on, are aimed at what the Government sees as attempts to bypass UK immigration laws.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/40-migration

Axing of migrant return scheme ‘will cost taxpayers £2m a year

A scheme allowing vulnerable people to return to their country of origin is to be abolished by the government at a cost of millions to the taxpayer. The travel assistance scheme was introduced almost 40 years ago to help immigrants who have acquired British citizenship return home if they have problems integrating or finding work. The scheme has recently helped individuals to return to Iraq and Afghanistan, and campaigners calculate that it has saved £20m over the past decade in state benefits, housing and health provision. The decision to shut the scheme means that some individuals seeking to leave the UK will no longer be able to do so.
UKBA has also capped the scheme at £100,000 since 2004 so many individuals who wish to return home have been unable to do so, a decision that has already cost the UK millions of pounds in potential savings.
http://www.guardian.co.uk/uk/2011/sep/24/axing-migrant-return-scheme-cost

Veristat Services

Student Recruitment

In response to requests from colleges and students, we have introduced a FIND A COLLEGE service on our student visas website www.studentvisasuk.co.uk
Students who are interested in studying in the UK enter their details via our website and are encouraged to specify a college or university and location where they would like to study, We circulate weekly list to colleges and universities who have registered with us as wishing to recruit international students; you select the students in whom you are interested; and we send you their contact details by return. As an introductory offer, there is no charge for registering. The service provides a highly cost effective way of recruiting students worldwide and we can also help in processing their visas. For further details of the service and costs please email maria@veristat.co.uk

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