Immigration Notes: December 2011

Tier 4


UKCISA Tier 4 Survey

UKCISA has published its second major survey of international students’ experience of visas. Whilst the survey recognises some improvements, there are a number of areas of continuing concern including:

• Confusion caused by frequent changes to the Rules and Guidance
• Lack of clear information and advice
• Costs and effort required to assemble the necessary evidence and of travelling to provide biometrics or to deliver or collect documents
• The number of applications refused initially for minor errors or omissions.

Students also report feeling less welcome in the UK following recent policy changes, Government statements and media reports aimed at students and are particularly concerned about the abolition of the Post Study Work scheme and lack of information concerning its successor arrangements.

The survey also notes that it includes only the views of those who chose to come to the UK and that the views of those who decided not to do so are likely to be more negative.

http://www.ukcisa.org.uk/files/pdf/about/material_media/tier4_survey2011_final.pdf


Tier 1 & 2


Settlement: Minimum annual pay for highly skilled workers

The Migration Advisory Committee (MAC) has recommended that minimum pay is the best way to select which highly skilled migrant workers should be eligible for settlement.

The MAC was commissioned by the government in June to identify the most suitable economic criteria for determining which Tier 2 migrant workers could settle permanently in the UK and what the economic effects of restricting or removing settlement rights would be.

Their recommendations include:
• A simple pay threshold be used to decide eligibility for automatic settlement among Tier 2 (general) migrants.
• Migrants entering through the Tier 1 (exceptional talent) route to proceed to settlement after 5 years subject to continuing to meet the criteria for that route
• A pay threshold between £31,000 and £49,000 for Tier 2 (general), set at the time of entry and adjusted for inflation or changes to average pay, would be economically defensible.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/11-minimum-annual-pay


Changes to the shortage occupation list come into effect

Specialist jobs that the Migration Advisory Committee (MAC) recommended are no longer required have been removed from the government-approved list.

Details of the occupations that have been removed can be viewed at the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/18-short-occup

The Shortage Occupation list, valid from 14th November 2011, can be viewed via the following link: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlistnov11.pdf


Extension of employment restrictions for Bulgarian and Romanian nationals

The Immigration Minister, Damian Green, has announced that controls to restrict how Bulgarian and Romanian nationals access the UK labour market will be extended until the end of 2013.

This means Romanian and Bulgarian (EU2) nationals seeking to work in the UK will continue to require permission from the UK Border Agency before they can work in the UK.

The extension of the restrictions does not affect the position of those who have already received visas or work permits to work in the UK.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/44-labour-restrictions

Quarterly reports detailing the penalties given for employing illegal workers to be published

UK Border Agency has announced they will shortly publish quarterly reports detailing the penalties given to people or organisations who employ illegal workers.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/35illegal-workers-reports

General Immigration Matters

Government announcement on settlement reforms

The Home Secretary has outlined the government’s approach to reform of the settlement rules, including a decision not to pursue the ‘earned citizenship’ policy.

Earned citizenship concerned the path to settlement and British citizenship, and was planned to come into force in July 2011. It will now not be introduced.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/nov/15-settlement-reforms

New policy guidance on the marriage visa age

UKBA has issued new policy guidance following the judgement of the Supreme Court in the case of Quila and Bibi v Secretary of State for the Home Department [2011] UKSC 45.

The Supreme Court has ruled that, whilst they recognised that the Secretary of State was pursuing a legitimate and rational aim of seeking to address forced marriage, the change to the rule (increasing the minimum marriage visa age from 18 to 21) disproportionately interfered with the Article 8 rights of those who were in genuine marriages.

Changes to the Immigration Rules have been laid in Parliament to reinstate a minimum age of 18 for a spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or same-sex partner and for their sponsor in order to qualify for entry clearance, leave to enter, leave to remain or a variation of leave on that basis. These rules came into effect on 28 November 2011.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/10-marriage-visa-age

The revised approach affects applicants whose visa applications were refused between 27 November 2008 and October 2011 because their sponsor was aged between 18 and 20. The policy guidance sets out how such applicants can apply for a review of the original decision of the refusal due to the age requirement by 31 May 2012.

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/review-age-decision1/

Minimum salary for sponsorship under family route should be raised

The government commissioned the MAC to consider what the minimum income threshold should be for a British resident sponsoring a spouse, partner or dependent for settlement in the UK under the family route. This was part of the government’s review of the family migration routes.

The MAC has recommended a minimum salary of between £18,600 and £25,700 before tax be introduced for UK residents sponsoring a partner or dependant for citizenship.

Currently the threshold is an annual income of £5,500 after tax, excluding housing costs. This is equivalent to £13,700 before tax and including housing costs.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/30-family-route

Net Migration at record high for 2010

Data from the Office for National Statistics has shown that the annual net migration to the UK in 2010 was 252,000 – the highest calendar year figure on record.

Immigration remained steady at 591,000, but there was a drop in the number of people leaving the UK.
Provisional data from the ONS for the 12 months to the end of March suggests net migration has since fallen slightly to 245,000.

http://www.bbc.co.uk/news/uk-15917051

Trafficked people being treated as criminals by officials

An inquiry by Lady Helena Kennedy QC has found that victims of human trafficking are being unfairly treated as criminals and illegal immigrants. The investigation concluded that police and immigration authorities fail to see the thousands of women, men and children trafficked into Britain as the innocent victims of organised crime whose own basic rights have been breached.

Kennedy’s report to the Scottish office of the Equality and Human Rights Commission (EHRC), published after an 18-month inquiry, calls on the UK and Scottish governments to introduce legislation and criminal justice policies which will tackle trafficking as a specific crime and support its victims.

http://www.guardian.co.uk/law/2011/nov/27/human-trafficking-crime-victims?INTCMP=SRCH


New application form and guidance for naturalisation

The UKBA has published a new version of Form AN, which is used to apply for naturalisation as British citizen.

The existing naturalisation guidance has been split into 2 documents:

• Guide AN which explains how to complete the form; and
• Booklet AN which gives more detail about the requirements for naturalisation

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/nov/56-new-an-form-guidance

Veristat Services


Colleges for Sale or Purchase

We are receiving an increasing number of enquiries from people wishing to sell or purchase a private school or college. If you have a college for sale or are interested in purchasing, please contact us for further information on how we may be able to assist. Contact enquiries@veristat.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 at enquiries@veristat.co.uk for a no commitment discussion if you think you would benefit from any of these services.

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.

The URL of the new Employers' website is: www.hrimmigration.co.uk