Immigration Notes: November 2011

Tier 4

HTS: Failure to Complete a course

Following the publication of the September Guidance, the UKBA stated that the concession which excluded students who had changed college, status or left the UK from those counted as having failed to complete their course, would no longer apply. We subsequently raised this issue with the UKBA and they have now replied stating that they have reviewed the decision and that the concession will continue to apply. Students who change their college, change immigration status or leave the UK will NOT be included amongst those who are considered for HTS purposes as having failed to complete their course.

Changes to Lists of English Language Tests

The UK Border Agency have made some amendments to the list of approved English language test providers for applications made under Tiers 1, 2 and 4 of the points-based system and for spouse and partner applications.
The amendments include:
• three tests awarded by Cambridge ESOL now offer certification at 3 levels of the Common European Framework rather than just 2 levels.
• The Educational Testing Service (ETS) have updated their web address for their test of English for international communication (TOEIC) and test of English as a foreign language (TOEFL)
• Pearson have updated their contact details and clarified that they do not issue paper certificates
• separate certificate and notification of candidate results sheet are required for speaking part of the City and Guilds English language test
A revised list can be downloaded from the below link. http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/new-approved-english-tests.pdf

Guidance for Tier 4 Sponsors – published in new format

UK Border Agency has published the Tier 4 guidance in a new format, although its contents are the same as the guidance they published on 5 September 2011.
The Sponsor Guidance can be downloaded from the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/

Arrangements for Tier 4 sponsors allocated zero CAS under the Interim limit

The UK Border Agency has announced new arrangements for Tier 4 sponsors who were granted their sponsor licence between 16 December 2010 and 28 February 2011, and were allocated zero confirmations of acceptance for studies (CAS) under the Tier 4 interim limit.
Any sponsors who were granted their licence between these dates, and who did not assign CASs before 28 February 2011, were allocated zero CAS under the interim limit.
These sponsors:
• are now eligible to claim a CAS allocation in line with the policy and guidance for sponsors who did not have a Tier 4 sponsor licence during the period 1 March 2010 to 28 February 2011, as set out in Appendix A, paragraph 115H(i)(c) of the Immigration Rules.
• can apply for educational oversight, where they did not do so by the original deadline of 9 September 2011. These applications must be received by 11 November 2011.
• Will also be required to apply for Highly Trusted Sponsor status by the end of March 2012 or once they have held their licence for 12 months, whichever is later.
Further information about claiming a CAS allocation, applying for education oversight and applying for Highly Trusted Sponsor status can be found at the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/53-t4-sponsors-zero-cas
List of Financial Institutions for Tier 4 published
UKBA has published an initial list of financial institutions that they consider do not verify financial statements to their satisfaction.
This list will be used by UKBA when verifying maintenance funds under Tier 4 of the points-based system. If an applicant submits documents showing that funds are held in a financial institution on the list, then they will receive no points for maintenance.
There will be a 30-day notice period from the date when a financial institution is first listed before the new rule takes place. This will enable applicants to make the necessary financial arrangements, so that they can provide financial documentation that meets the new requirements.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/57-financial-institutions
You can view the list, as well as details of the criteria UKBA use to assess financial institutions, at the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/studying/financial-institutions/

Tier 4 Inspection Planned

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

British Council Report on Continued Growth in International Students

A British Council publication argues that the demand for UK education will still continue to grow, despite global competition. According by a study conducted by the Economist Intelligence Unit, UK universities are seen as more prestigious than higher education institutions in competitor countries. They are only overtaken by the top Ivy League in the US. The study also includes useful insights into the reasons influencing students’ choice of the UK.
http://www.britishcouncil.org/new/press-office/press-releases/British-Council-research-shows-overseas-demand-for-UK-education-will-continue-to-grow/

Australian Universities Increase English Requirements

In Australia, universities have started toughening up English rules. Undergraduate from abroad study business and commerce courses and many of these have a poor level of English. Like many of its competitors, the University of Sydney set a minimum entry score of 6.5 on the International English Language Testing System. Starting next year, Sydney will demand a minimum score of 7. Universities may need to give the government assurances on English entry standards in order to win access to next year's streamlined visa process for offshore recruitment.
http://www.pieronline.org/default.aspx?page=newsarticle&NewsId=3291

Tiers 1 and 2

Tier 2: Changes to settlement requirements for Tier 2 migrants and work permit holders

Further changes have been made to the Immigration Rules meaning that, from 31 October 2011, Work permit holders and Tier 2 migrants will need to provide specified documents to confirm that they are being paid at or above the appropriate rate for their job. This is in addition to the employer’s confirmation.
From 31 October, any settlement application by a Tier 2 migrant or a work permit holder must include:
a payslip and a personal bank or building society statement; or
a payslip and a building society pass book
The UK Border Agency will refuse any applications that do not include this evidence.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/56-settlement-t2-wp

Tier 2: Reduction in jobs available to migrants

The government has accepted recommendations from the Migration Advisory Committee (MAC) to reduce the number of specialist jobs on the government-approved list. The number of jobs covered by the list will drop by 40,000, bringing the total down from 230,000 to 190,000.
The MAC recommended these changes where evidence from a range of industries and sectors showed resident workers are available to fill the vacancies.
A list of those occupations recommended be removed from the list can be found at the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/45-migrant-jobs-reduction

General Immigration Matters

‘Health tourists’ to pay for NHS debts

UKBA has announced that overseas visitors who fail to pay off their debts for NHS treatment will shortly be denied permission to enter or stay in the UK.
Changes to the Immigration Rules have been laid before Parliament, meaning that those subject to immigration control who fail to settle an outstanding bill of £1,000 or more will not be allowed to enter or remain in the UK until the debt is paid off.
The NHS will provide information to enable UKBA to identify the debtors and – when they apply to return or remain in the UK – to refuse their applications. The information sharing arrangements are being phased in over the coming months.
The written ministerial statement by Damien Green can be downloaded from the following link.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/19health-tourists-nhs

New application form and guidance for ‘Naturalisation’

UKBA has published a new version of Form AN, which is used to apply for naturalisation as a British Citizen.
The existing naturalisation guidance is now split into 2 documents:
Guide AN – which is an explanation of how to complete the form; and
Booklet AN – this gives more detail about the requirements for naturalisation and the way that the Secretary of State exercises his discretion.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/nov/56-new-an-form-guidance

Taiwan: Youth Mobility Scheme

Starting January 2012, Taiwanese young people will be able to come to the UK as part of the youth mobility scheme. 1,000 Taiwanese between 18 and 30 years old will be allowed to live and work in the UK for up to 2 years and the same number of British people will be eligible to apply to go to Taiwan. Before applying for a visa to come to the UK, Taiwanese applicants will have to get a certificate of sponsorship from Taiwan’s National Youth Commission.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/06-taiwan-youth-mobility?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29


Veristat Services

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

New Employers’ Website

Veristat has launched a new website dedicated to supporting employers with immigration on immigration issues. Services on the website include:
• Compliance, audits to reduce your organisation’s risk of incurring a civil penalty and provide reassurance that you’re complying with immigration law. Includes franchisee, branch and outlet compliance and support in the event of a civil penalty or prosecution through our partners Quist Solicitors.
• Sponsorship under the Points Based System, including obtaining a UKBA licence, upgrading from a B rating, action plans, suspension and revocation of licences. Procedures for the recruitment and continuing employment of non-EEA nationals, acting as a Level 1 or Level 2 user, monitoring and managing employees to ensure compliance with UKBA requirements.
• Advice covering any immigration related matter including leave to enter the UK and further leave to remain applications for business visitors and employees.
• Training and workshops on operating under the Points Based System, including how to examine passports and other immigration documents.
• Document checking, including passport, visas and references for employees.