Wednesday 1 February 2012

Immigration Notes: February 2012


Tier 4


Tier 4 Education Oversight


The UKBA has published information on what amounts to satisfactory accreditation under the new education oversight arrangements and the consequences of failing to meet the standards.  

For sponsors currently subject to the interim limit, the UK Border Agency will take the following actions based on the outcomes of inspections by the accreditation bodies:
  • If the college achieves a satisfactory inspection or review for Tier 4 purposes and the college has also obtained highly trusted sponsor status, it will no longer be subject to the interim limit.
  • If the college does not receive a satisfactory outcome for Tier 4 purposes, but the report indicates that follow-up action is required, then the college will remain subject to the interim limit and further action will be required from the college as specified in the report.  It will be for the relevant body to confirm whether the college has met the standard within a specified timescale.
  • If the college fails the inspection or review for Tier 4 purposes, at the initial stage or following further action, then the college will become a legacy sponsor, and therefore they will be unable to sponsor new international students.


Tier 1 and 2

English language test results for Tier 1 and 2 applications

From 6th April 2012, UKBA are removing the provision for applicants in the UK to apply for permission to stay here (leave to remain) before they have taken or received the results of an English language test.  This applies to applicants applying under Tier 1 (General), Tier 1 (Entrepreneur) and Tier 2 of the points-based system.

Visa applications made after 6th April 2012 must be accompanied with evidence that applicants have passed an approved English language test. 



Tier 2 - applications moving online from 14th February 2012

Changes to the Immigration Rules have been laid before Parliament that will enable applicants applying under Tier 2 and to apply online for permission to stay (further leave to remain) in the UK.  The new facility will be available from 14th February 2012.  The current options of making an application by post or in person will continue.

You can read the statement of changes (HC 1733) laid before parliament here:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/statementsofchanges/2012/hc1733.pdf?view=Binary


General Immigration Matters

UK Government migration target

A recent report by the Institute for Public Policy Research, and independent think tank, has predicted that net migration will fall to 180,000 in 2012 but predicts that reductions cannot be sustained and that the government would be unable to fulfil its vow to reduce net migration to tens of thousands by 2015.

The full report can be viewed here:

http://www.ippr.org/images/media/files/publication/2011/12/migration-review-2011-12_Jan2012_8431.pdf


MAC's Analysis of the Impacts of Migration

The Migration Advisory Committee (MAC), a body advising the government, published a report of their analysis of the impacts of non-EEA migration.

The full report can be viewed here:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/mac/27-analysis-migration/01-analysis-report/analysis-of-the-impacts?view=Binary

The MAC also published 6 external research reports that it commissioned to inform the above work.  These can be downloaded here:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/mac/27-analysis-migration/



Premium Service for UK Visas issued in Pakistan

The UK Border Agency, in conjunction with its commercial partner Gerry's, has launched a premium service at its Visa Application Centre (VAC) in Pakistan, facilitating the quicker processing of visa applications.

This service will mean that visas can be issued within 15 days.

This service is optional and is available for an additional fee.  This fee is payable when you attend your appointment at the VAC.

An SMS service which updates applicants on the progress of their UK visa application plus automated messages to their email address will also be available.

Further information on this service can be viewed here:

http://www.ukba.homeoffice.gov.uk/countries/pakistan/gerrys-services/?langname=UK%20English


Biometric Residence Permit appointments to be booked online

UKBA have announced that, from 1 February 2012, postal applicants will need to book Biometric Residence Permit (BRP) appointments online.

Also, from this date, UKBA are replacing the BRP helpline with an email service.  The following email address should be used from 1 February 2012:

BRPDelivery@homeoffice.gsi.gov.uk if there is an issue with the delivery of your biometric residence permit
BRPError@homeoffice.gsi.gov.uk if there is an error on your biometric residence permit
BRPLost@homeoffice.gsi.gov.uk to report the loss or theft of your biometric residence permit
employerBRPverification@ukba.gsi.gov.uk if you are an employer or sponsor and you want to confirm that a biometric residence permit is valid

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/january/71-online-services


NIESR report on non-European economic and student migrations
·     
Research undertaken by the National Institute of Economic and Social Research found immigration has had little or no impact on levels of unemployment in the UK.

These findings are in contrast with another report recently published by Migration Watch.

The full report published by NIESR can be viewed here:


English language tests for applications under Tiers 1, 2 and 4 of the points-based system
·     
Amendments have been made by UKBA to the list of approved English language tests for applications under Tiers 1, 2 and 4 of the points-based system and for spouse or partner applications.

Key amendments include:

  • The City & Guilds test scores now show 'pass' and there is a separate English language test for spouse/partner applications.
  • For City & Guilds tests the documents required for a migrant's application have been amended.
  • ETS have changed the way that the scores for their TOEFL ibt (Internet Based Test) map against the Common European Framework of Reference (CEFR).
  • The ETS TOEFL ibt (Internet Based Test) now includes scores for spouse and partner applications.
  • There is also a change of address for the TOEIC (The test of English for international communication) English Language test.
  • Cambridge ESOL (English for speakers of other languages) has amended the title of one of their tests from 'International Legal English Certificate' to 'Cambridge English Legal'.
  • Trinity College tests now have a 2-year expiry date.
The revised list of approved English language tests can be viewed here:


Unaccompanied Children Arriving at Dover

Maggie Atkinson, Children's Commissioner for England, has concluded her investigations into unaccompanied children arriving at Dover.  Her findings revealed that unaccompanied children arriving alone at Dover were sent straight back to France under a secret 'Gentleman's Agreement' since at least 1995.

Maggie Atkinson advocates the appointment of legal guardians for all children arriving without anyone having parental responsibility for them, a practice that many European countries already adopt.

The full report by the Children's Commissioner can be downloaded here:


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 at enquiries@veristat.co.uk.


Entrepreneur Visits

We are working with InvestUK (http://www.investuk.com) to provide immigration and investment support to applicants seeking leave to remain as an entrepreneur under Tier 1 of the PBS.  For further information please contact enquiries@veristat.co.uk or enquiries@investukvisa.com.


Employer's Website

Veristat has launched a new website dedicated to supporting employers 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 passports, visas and references for employees.
Further information can be viewed on our Employer's website at http://www.hrimmigration.co.uk.