Tier 4
NAO publish report on student visas
A recent report published by the National Audit Office (NAO) claims that up to 50,000 people have entered the United Kingdom to work rather than study.
The NAO found that the UK Border Agency had not dealt efficiently and effectively with overstayers and students in breach of the rules, and made several recommendations, including:
- UKBA must pursue vigorously plans to extend and reinforce action to ensure students with no right to remain in the UK are identified and required to leave.
- Work more collaboratively with sponsor representative bodies to help develop compliance standards that are practical for sponsors to implement.
- Consider introduction of a test for owners and operators of private colleges to hold a Tier 4 sponsor licence.
- Consider the introduction of a formal cost-effective means for sponsors to challenge decisions made by UKBA not to award Highly Trusted Sponsor status.
The full report can be downloaded here.
MAC recommends no change to annual limit of Skilled Workers
The Migration Advisory Committee (MAC) has recommended that no changes be made to the annual limit on skilled workers from outside of the European Economic Area (EEA) for the next financial year.
The current annual limit is 21,700.
Also, no changes have been recommended to intra-company transfers although the MAC will continue to review this.
General Immigration Matters
Changes to the Immigration Rules - All Tiers
A written ministerial statement has been laid before Parliament outlining changes to the Immigration Rules, most of which will come into effect on 6 April 2012.
The full statement (the new Rules) can be downloaded here.
Tier 1 - high-value migrants
- Closing the Tier 1 (Post-study work) route.
- Introducing the new Tier 1 (Graduate entrepreneur) route.
- Introducing new provisions for switching from Tier 1 (Graduate entrepreneur) or Tier 1 (Post-study) work into Tier 1 (Entrepreneur).
- Renewing the 1,000 place limit for Tier 1 (Exceptional talent) for each of the next 2 years.
Tier 2 - skilled workers
- Limiting the total amount of temporary leave that may be granted to a Tier 2 migrant to 6 years (which applies to those who entered after 6 April 2011).
- Introducing a new minimum pay requirement of £35,000 or the appropriate rate for the job, for Tier 2 general and sportsperson migrants who wish to settle here from April 2016 (with exemptions for those in PhD level and shortage occupation categories).
- Introducing a 'cooling-off period' across all the Tier 2 routes. Tier 2 migrants will need to wait for 12 months from the expiry of their previous visa before they may apply for a further Tier 2 visa.
- Introducing new post-study arrangements for graduates switching into Tier 2.
Tier 4 - students
- Extending the interim limit for sponsors that have applied for educational oversight and Highly Trusted Sponsor status and have not yet been assessed.
- Introducing limits on the time that can be spent studying at degree level.
- Tightening work placement restrictions.
Tier 5 - temporary workers
- Limiting the length of time temporary workers can stay in the UK, under certain Government Authorised Exchange schemes, to a maximum of 12 months. The schemes affected are intern, work experience and youth exchange type programmes.
- Allowing sportspersons who enter under the Tier 5 creative and sporting sub-category to undertake some guest sports broadcasting work where they are not filling a permanent position.
Changes in all tiers of the points-based system
- Making curtailment mandatory where a migrant under Tiers 2, 4, or 5 system has failed to start, or has ceased work or study with their sponsor and reducing the curtailment threshold from 6 months to 60 days.
- Increasing the funds applicants will need to provide evidence of, in order to meet the maintenance requirements for all routes in the points-based system. For Tiers 4 and Tier 5 Youth Mobility Scheme the changes will come into effect on 6 April 2012. For Tier 1, Tier 2 and temporary workers under Tier 5 the changes will come into effect on 14 June 2012.
Visitors
- The new visitor route will allow a small group of professionals, artists, entertainers and sportspersons who are invited to come to the UK to undertake short-term permitted fee paid engagements for up to 1 month.
Overseas domestic workers
- Restricting all overseas domestic workers (ODW) to only work for the employer with whom they entered the UK, or whom they came to join.
- Removing the right for all migrants under the ODW category to apply for settlement.
- Strengthening the requirement for the employer of an ODW to provide evidence of an existing employer relationship, and introducing a requirement for agreed, written terms and conditions of employment to be produced, as part of the application for entry clearance.
- Permitting all ODWs who have applied for leave to enter or remain on or before 5 April 2012, to continue to be treated under Immigration Rules in place on that date.
- Restricting ODWs in private households to work for an employer who is a visitor to the UK. Permission to stay in the UK will be limited to a maximum of 6 months or the period of the employer's stay whichever is shorter. Removing the current provision for ODWs to be accompanied by dependants.
- Permitting ODWs in diplomatic households to apply to extend their stay for 12 months at a time up to a maximum of 5 years, or the length of the diplomat's posting, whichever is shorter.
Sponsors
- Introducing a Premium Customer Service for those A-rated sponsors in Tiers 2 and 5 who wish to apply and pay for a range of benefits. The service will launch in the 2012-13 financial year. Details are awaited.
Retrieving archived files from Immigration Advisory Centre
Applicants represented by the Immigration Advisory Service (IAS) have until 28 May 2012 to request their documents to be returned.
The IAS provided immigration advice to people dealing with the UK Border Agency but went into administration in July 2011 and its client's files were archived.
The archive has now been opened to allow applicants to get their documents and files back.
You can find details of how applicants can request the return of their documents/files here.
From 6 April 2012, the UK Border Agency is making changes to procedures for sponsoring private servants in diplomatic households (Tier 5).
Key changes are:
- The diplomatic mission will need to include a 'sponsor note' with the certificate of sponsorship assigned to a private servant, giving the name of the diplomat that the private servant will work for.
- Private servants will be able to stay for a maximum of 5 years.
- The private servant and diplomat they will be working for will need to agree and sign written terms and conditions of employment (covering issues such as hours of work, salary and time off). This document must be included with their visa application. Terms and conditions must conform to all relevant UK and European legislation, including the National Minimum Wage Act and the EU working time directive.
Parliamentary approval has been given for some overseas visa fees and UK-based application fees to increase. These new fees will be payable from 00:01 (UK time) on Friday 6 April. Further information can be found here.
The UK Border Agency will not accept applications unless the correct fee has been paid.
The UK Border Agency has announced the closure of the visa application centre at the British Embassy in Copenhagen. From 19 March 2012, it is being replaced with a visa service, in partnership with WorldBridge Service.
The UK Border Agency has announced the closure of the visa application centre at the British Embassy in Tallinn, Estonia from 23 March 2012. This will be replaced with a visa service, which will be available from 30 March 2012, in partnership with WorldBridge Service.
From 6 April 2012, applicants in Pakistan must apply for their UK visas online. The UK Border Agency in Pakistan will no longer accept manually completed application forms from 1 May 2012.
From 18 March 2012, the UK Border Agency is introducing a new prime time appointment service for visa applicants in Saudi Arabia, Qatar, Kuwait and Bahrain. Applicants will be able to book appointments at the visa application centre at a cost of £30 (payable in local currency) for each appointment plus the visa application fee.
From 20 March 2012, the UK Border Agency is introducing changes to visa applications processed in Ireland. Applicants will still need to submit their application for a UK visa at the visa section of the British Embassy in Dublin, but the application (including the applicant's passport) will be sent to UKBA's London office to be considered. The application will be assessed and then returned to the Dublin office for collection or return by post as before.
From 1 March 2012, the UK Border Agency has introduced a priority visa service for those applying from Japan. This priority visa service will be available to customers who pay an additional fee to have their visa application dealt with quicker. Priority service visa applications will usually be processed within 3-4 working days.
From 3 April 2012, Libyan, Egyptian and Syrian nationals wishing to transit at a UK airport will need to apply for a Direct Airside Transit Visa (DATV).
From 16 May 2012, applicants in China must apply for their UK visas online. The UK Border Agency in China will no longer accept manually completed application forms from 30 April 2012.
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 o 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.investukvisa.com) to provide immigration and investment support to applicants seeking leave to enter or remain as an entrepreneur under Tier 1 of the PBS. For further information please contact enquiries@veristat.co.uk or enquiries@investukvisa.com.
Forgery and Document Checking
Our aim is to assist employers in understanding the documents presented to them. We offer passport and identity card advice from ex-immigration officers who have had decades of experience dealing with passports from many different nations at the busiest ports and airports in the world.
We also offer a wide range of training for sponsors tailored to meet your needs. The training can be undertaken on your own premises.
Contact us for further information on enquiries@veristat.co.uk.
College Closures and Legacy Sponsors
We have been approached by several clients who are willing to pay a commission to colleges that are closing or becoming legacy sponsors for the transfer of eligible students. Contact us for further information on enquiries@veristat.co.uk.
