Tuesday 3 January 2012

Immigration Notes: January 2012

Tier 4

The position of students following College Closures


At a recent meeting with UKBA we clarified the position of students whose college closes or whose licence is revoked. The Sponsor Guidance states that in such circumstances the student will be given 60 days to find another college. The UKBA confirmed that the 60 days do NOT run from the date of college closure but from the date the UKBA write to the student limiting their stay to 60 days. However, the UKBA will write to the student at the last known UK address. If the student has not kept the UKBA informed of his/her whereabouts, this might be the address the student gave when applying for a visa or the address of the college. In these circumstances the student may not be aware that his/her visa has been curtailed and should contact the UKBA.



Non-European Student Migration to the UK

The Migration Observatory at Oxford University has published a report on non-European student migration to the UK. This covers the following key points:

Number of non-European students coming to the UK
Length of stay and number of family members coming with them
Areas of study
Number of students working whilst in the UK
Number that change their status/choose to settle permanently in the UK



Tier 1 & 2
Biometric Residence Permits - online checks to simplify the process for employers

From Spring 2012 employers will be able to verify online that details on a foreign employee's biometric residence permit (BRP) are correct. This new online checking service should enable real-time checks to be undertaken on permits and their holder's identity and right to work in the UK.

From 29 February 2012, BRPs will be issued to more categories of foreign nationals, including refugees and those granted permission to settle in the UK.

A new contract has also been awarded to the Post Office Ltd for the collection of fingerprint and photograph information.


CIPD responds to MAC's review of Migration Cap

The Chartered Institute of Personnel and Development (CIPD) have responded to the Migration Advisory Committee's call for evidence on how the cap is currently operating. They argue that only a small proportion of UK employers now say that the migration cap is having or will have a damaging impact on their organisation in the short to medium term.

CIPD also warned the government not to cut Tier 2 visa level limits, urging them to respond flexibly as the economy recovers so the UK can compete internationally.


General Immigration Matters
Changes to appeals against immigration and asylum decisions from 19 December 2011

The Ministry of Justice has introduced appeal fee charges for some asylum and immigration appeals.

People wanting to appeal against a decision notice dated 19 December 2011 or later will normally need to pay a fee. The appeal fee will apply to most categories of visas and decisions.

The new fees are:

£80 for a paper consideration
£140 for an oral hearing

Also, from 19 December 2011, people will need to lodge their appeals at the tribunal in the UK. Appeals from overseas visa application centres will no longer be accepted.


Full guidance about the changes published can be viewed at the following link on the Ministry of Justice website:


Global Review on Entry Clearance decision-making

John Vine CBE QPM, the Independent Chief Inspector of the UK Border Agency, has published a global review of entry clearance decision-making.

The review involved the examination of almost 1,500 visa cases from every UKBA visa post.

The main findings of the inspection found that improvements were required to the general quality of decision-making and recommendations made to strengthen UKBA's quality assurance process to ensure decision quality improved consistently across all of its visa posts.

The full report can be viewed here:


UK and Ireland to improve Common Travel Area

UK and Ireland have signed an agreement reinforcing their commitment to preserve the Common Travel Area (CTA) as well as further cracking down on illegal immigration and bogus asylum claims.

The countries signed a statement working towards joint standards for entry, including electronic border systems to identify those with no right to enter the CTA before they arrive at the border.

The two countries will share information on visa applications, including fingerprint biometrics.



Overseas spouse must speak English before arriving in UK

A judge has dismissed a challenge brought by three couples to the immigration rule concerning overseas spouses being required to speak English before arriving in the UK.

The judge also rejected the argument that language tests were discriminatory because they required someone with a degree in English from India to sit the test but not Spanish-speakers from California.




Visa applications for London 2012 Games Spectators

From 1 January 2012, UKBA will begin processing visitor visas for those coming from outside the UK to watch the Olympic and Paralympic Games.

Visas will be issued for up to 6 months to cover the whole Olympic and Paralympic Games period.


Taiwan joins UK's Tier 5 Youth Mobility Scheme

From 1 January 2012, Taiwan will join the list of countries and territories participating in the UK's youth mobility scheme, under Tier 5 of the points-based system.


Countries already participating in the scheme are Australia, Canada, New Zealand, Japan and Monaco.


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 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