Tier 4
Students applying from Pakistan to have compulsory interview
A pilot study found that up to 40% of Pakistani students applying for a visa who come to study in the UK were ineligible, mainly due to their inability to speak English. Due to this, every Pakistani student applying for a visa to come to study in the UK will face a compulsory interview with consular officials. The pilot study also found that 38% of applicants from Bangladesh were also considered ineligible for a student visa.
Reporting Course Completion
In response to a recent question, the UKBA has stated that Sponsors should only undertake reporting in the circumstances listed in the published Sponsor guidance. As a student finishing a course within the timescales stated on their CAS has no impact on that student's permission to remain in the UK, no reporting would be required. However, should the course be completed sooner than expected this must be reported (see Paragraph 520 of the current Sponsor guidance).
Counting Refusals for HTS Purposes
The UKBA has advised that when assessing an application for HTS, they look at those CAS used in the 12 months immediately prior to the application. Therefore any CAS used outside of this period would not form part of the assessment. In regards to identifying the decision made against each used CAS, UKBA will look at the status of the application on the last day of the 12 month period being used i.e. should a CAS be used within the 12 month period but a decision on that application is not made until after the 12 month period, then they would count that as an outstanding application (rather than the final decision).
UKBA announces annual Tier 2 Limit
The Government has considered the guidance provided by the Migration Advisory Committee in October 2011 concerning the 2012-13 annual limit for Tier 2 and associated policies.
The Government has announced the following:
- The Tier 2 (General) limit will remain at its current level of 20,700 for the next 2 years until April 2014.
- The skill level required by migrants wishing to work in the UK will increase, which means that a number of middle-management jobs e.g. IT technicians and security managers, will no longer be open to migrant workers. However, highly skilled occupations, e.g. teachers, architects or chemical engineers will still be available.
- The rules for business around advertising highly paid and PhD jobs will be relaxed. Companies no longer have to advertise vacancies through JobCentrePlus, if they are unlikely to get applicants for these types of jobs but will still have to advertise more widely.
- Companies will now be able to select the best candidate for PhD level occupations, even if they require Tier 2 sponsorship.
The full statement of intent and other information can be read here.
Tier 2 - Certificate of sponsorship allocations for 2012/13
UKBA are experiencing high volumes of requests from sponsors who have applied to renew their allocation of certificates of sponsorship for the 2012/13 year.
The processing times for requests has increased and sponsors are experiencing delays in receiving their new allocation. UKBA aim to process the majority of allocation requests submitted before 6 April by Friday 4 May 2012. Requests can be made for priority treatment for any currently sponsored workers whose leave to remain expires on or before 4 May 2012 and who require a certificate of sponsorship in order to make an in-country application to extend their leave by emailing sponsorshipPBSenquiries@ukba.gsi.gov.uk, enclosing details of the sponsored worker. All other requests for certificates of sponsorship will be dealt with in date order.
Tier 1 (Post-study work) Applications - no longer accepted
The Tier 1 (Post-study work) route has now closed, so the UK Border Agency will not accept applications if submitted after 6 April 2012.
Any application submitted on or before 5 April 2012, will be considered under the Rules and guidance in force on 5 April 2012.
Students who have not yet completed their studies, or have not yet received confirmation they have been awarded a qualification, will not meet the criteria and their application for Tier 1 (Post-study work) will be refused.
From 6 April 2012, if a student graduates after studying in the UK, they can apply for leave to remain in the UK under other immigration routes if they meet the criteria.
Further guidance on working in the UK can be viewed here.
General Immigration Matters
Premium service for sponsors - Tier 2 and 5
The UK Border Agency has launched a premium customer service for sponsors offering an enhanced level of customer service.
This optional service is available to all A-rated sponsors at an additional cost. Benefits include a dedicated contact point within the agency and access to public enquiry office appointments.
UKBA have also made provision for smaller organisations that are eligible for a lower licence fee. This reduced benefits package is known as SME+.
Tier 2 and 5 sponsors will be eligible to apply for premium or SME+ customer service if they:
- are A-rated in all the tiers of their licence
- have not been issued with a civil penalty in the last 3 years, and any civil penalty issued before that has been paid in full; and
- they fully satisfy their sponsorship responsibilities as demonstrated by a successful compliance audit.
The premium package costs £25,000 per year and the SME+ package costs £8,000 per year. Further information on the premium and SME+ schemes and how to apply for this service can be viewed here.
Help for victims of domestic violence
Help for migrants forced to flee their relationships, as a result of domestic violence is being made permanently available.
Eligible spouses and partners will be granted a limited period of exceptional leave by the UK Border Agency. This will give access to public funds and support services, allowing victims to leave an abusive relationship and apply for residence in the UK.
Further information on this scheme can be viewed here.
The UK Border Agency has published new application forms for the following types of visas:
- Tier 1 (Graduate entrepreneur)
- Tier 1 (General)
- Tier 1 (Investor)
- Tier 1 (Entrepreneur)
- Tier 2
- Tier 4 (General)
- Tier 4 (Child)
- Tier 5 (Temporary worker)
- PBS Dependant
- FLR(O) (to extend your stay)
- FLR(BUS) (to extend your stay in specific categories)
- TOC (to transfer a visa to a new passport)
The Tier 1 (Post-study work) form is no longer available due to the category now being closed to new applicants.
Child welfare experts have been recruited as full members of the independent Family Returns Panel, which advises the government on the removal of families, found to have no right of stay in the UK.
Dental X-Rays for Young Asylum Seekers
The education secretary, Michael Grove, has raised concerns with the Home Office and UK Border Agency about a trial launched to use dental x-rays to establish seeker's age.
The three-month project has also promoted outrage from the UK's four children's commissioners and immigration lawyers for allegedly breaching children's human rights and possibly being illegal.
Changes to Visa Services
A new premium service has been introduced in Qatar prioritising visa applications if the applicant pays an additional fee of QAR 342 for this privilege. Applicants can apply for this service if they are applying for a UK visitor visa or as an overseas domestic worker travelling with their employer.
From 1 April 2012, visa applicants in Russia can collect their documents from the UK application centre in Saint-Petersburg.
From 16 April 2012, all UK visa applications from China should be completed online.
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). Further information on a DATV can be viewed here.
From 1 May 2012, UKBA is introducing a priority visa service in Taiwan, available to customers who pay an additional fee to have their application processed more quickly. Further information can be viewed here.
From 1 May 2012, a new priority service is being introduced in the Philippines for those who pay an additional fee to have their application processed more quickly. A Prime Time appointment service is also being introduced there from 12 May 2012. Further information can be viewed here.
From 1 May 2012, UKBA is introducing a priority visa service in Korea, available to customers who pay an additional fee to have their application processed more quickly. Further information about this service can be read here. Call Centre numbers for people applying for a visa from Korea will also change. The new numbers can be viewed at the following link.
From 30 April 2012, visa applications submitted in Malta, will be decided at the UKBA's regional processing centre in London.
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.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.
