Monday 9 July 2012

Changes to the Immigration Rules: Credibility interviews for students


Education providers should be aware that the UKBA has today (9th July2012) published a statement of changes to the Immigration Rules which will in practice return students to a position very similar to that which existed prior to the introduction of the Points Based System.  The new Rules will take effect on 30th July 2012 unless challenged in Parliament.

Under the new Rules, visa officers will be able to interview students regarding their intentions in coming to the UK.  Interviews will not cover students' academic ability which is a matter for the sponsor nor should they assess whether students will return home at the end of their studies as there are a number of categories under which they would be entitled to remain in the UK.

However, the interviews may cover

a) The immigration history of the applicant, in the UK and other countries, for example:
  • Previous visa applications for the UK and other countries, including reasons for any visa refusals;
  • The amount of time the applicant has spent in the UK or other countries on previous visas, and for what purpose; and
  • Whether the applicant has complied with the terms of previous visas for the UK and other countries.
b) The applicant's education history, study and post study plans, for example:
  • How long has elapsed since the applicant last studied, and whether the applicant has sound reasons for returning to, or commencing formal study in this area, particularly after any significant gap;
  • The applicant's knowledge of, and level of research undertaken into, the proposed course of study and sponsoring institution, and living arrangements in the UK;
  • The applicant's personal circumstances, where these would make it difficult to complete a full time course of study; and
  • The relevance of the course to post-study plans.
Whether the applicant has the academic ability to study the proposed course is not a relevant consideration for the entry clearance officer and should not form part of any conclusion reached.  The academic ability of the applicant is a judgement for the sponsor to make with the benefit of its educational expertise.  Similarly the fact that the course does not represent academic progression is not a decisive factor in this consideration.

The relevance of the course to post-study plans, or vagueness about the nature of post-study plans, should not be used as a sole reason to refuse an applicant, rather it will be one of a range of factors to be considered in the round in assessing whether the student is genuine.  In this context, whether the course will add to the applicant's employability or whether the course could be undertaken more cheaply in the applicant's home country should not be considered.

For those considered to be genuine students, intention to leave the UK at the end of the course is not relevant as there are many bases on which an individual could lawfully remain in the UK.

c) The financial circumstances of the applicant, for example:
  • The economic circumstances of the applicant in their home country; and
  • Whether the applicant has a credible income source to meet course fees and maintenance for himself and any dependants for the full period of study.
The entry clearance officer should take account of the fact that the applicant has satisfied the maintenance requirements at Appendix C and that applicants will be prepared to make considerable investment in gaining a qualification from the UK.

c) The course provider and agents, for example:
  • If the applicant is applying to attend an institution that is under investigation or has been identified by the UK Border Agency as an institution of concern in relation to immigration compliance; or where the application is being managed by an agent about which there are concerns, that may be an indication the applicant is not a genuine student.
http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/sty/sty2/


For those of you who remember it, this is in essence a so-called "credibility" interview to assess whether in the light of the student's circumstances, he/she is "on the balance of probabilities" a genuine student.  Inevitably, it has all of the subjectivity that the Points Based System was supposed to remove from the process by passing this responsibility to the sponsor.  In practice it will be very similar to the type of consideration given to applicants for student visitor visas.


Students also risk having their applications refused if they do not attend for interview without reasonable excuse.


The new requirements do not apply to applicants who are nationals of one of the countries listed in Appendix H (Different documentary requirements) of the Immigration Rules: Argentina, Australia, British National (Overseas), Brunei, Canada, Chile, Croatia, Hong Kong. Japan, New Zealand, Singapore, Taiwan, Trinidad and Tobago and the United States.


Education providers should not underestimate the impact of this change and those who abandoned interviewing students when SELTs were introduced should give further consideration to re-instituting the practice.

For further information on the changes see the above link and http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/july/18-student-interviews which also has alongside links to the new Immigration Rules.


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Monday 2 July 2012

Immigration Notes: July 2012


Tier 4

Guidance on issuing CAS and Reporting

The UKBA has issued two sets of new guidance which is available on the UKBA website via the following link:


The following section updates the current policy guidance and is likely to be of particular interest to sponsors:

Student has missed 10 expected contacts but has not been excluded or has not withdrawn from the course.

Although the Tier 4 policy guidance states that you should report when a student has missed 10 contacts, we do not need to know about this unless, as a result, you decide to exclude the student or the student voluntarily discontinues their studies.  A revised version of the policy guidance will be published in due course.

New criteria for colleges wanting to become Universities

The government has announced that specialist colleges will be allowed to call themselves a university even if they do not intend to expand or diversify.

Institutions will be able to apply for the title "university" if they have 1,000 students, and of those, 750 are studying for a degree.

Previously, colleges needed at least 4,000 students, with at least 3,000 studying for a degree.


Green welcomes International students to UK

Following pressure from business and college/university heads to relax visa restrictions, Immigration Minister, Damian Green, has publicly welcomed non-EU students to come and study in the UK.

This follows recent rule changes that gave the perception that the UK was closing the door to non-EU students.

In response, Universities UK, said that the "aggregate" of the changes and the manner in which they were implemented had put the UK at a disadvantage to its competitors, such as US, Canada, Australia and New Zealand.

Green argues that Britain's universities will not be harmed by the visa restrictions, which was put in place to cut out the abuse, aimed at closing down bogus colleges and preventing jobless students remaining in the UK after they had finished their course.  However, he recognised the importance in changing the perception that the UK was against international students coming to the country.



Tier 1 and 2

Preventing illegal working in the UK - updated guidance

Updated guidance on preventing illegal working has published by UKBA, helping employers to check if someone has a right to work in the UK.

Employers who do not carry out these checks and are found to be employing workers illegally could be fined £10,000 for each illegal worker or face up to 2 years in prison.

The updated guidance can be read downloaded here.



General Immigration Matters

Family Migration changes announced

The Government has announced changes to the Immigration Rules for non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK on the family migration route.

The new Immigration Rules will define the basis on which a person can enter or remain in the UK on the basis of their family or private life.

The majority of these changes will apply to new applicants from 9 July 2012.

The changes include:
  • Introduction of a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, fiance(e) or proposed civil partner, of non-EEA nationality, with a higher threshold for any children also sponsored - £22,400 for one child and an additional £2,400 for each further child.
  • Inclusion of a list of factors associated with genuine and non-genuine relationships in UKBA's casework guidance to help caseworkers to focus on these issues.
  • Extension of the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship.
  • Abolishing immediate settlement for migrant spouses and partners where a couple have been living together overseas for at least 4 years.
  • From October 2013, all applicants for settlement will be required to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless exempt.
  • Adult and elderly dependants will only be allowed to settle in the UK where they can demonstrate that, as a result of age, illness or disability, they require long-term care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch from another category whilst in the UK, for example as a visitor.
  • Initially restricting family visit visa appeals by narrowing the current definitions of family and sponsor for appeal purposes, and then, subject to the passage of the Crime and Courts Bill, which was published on 11 May 2012, removing the full right of appeal against refusal of a family visit visa.
The full statement of intent can be read here.


New family visit visa appeal regulations

The Government has laid before Parliament the Immigration Appeals (Family Visitor) Regulations 2012, which sets out who qualifies for a full right of appeal against refusal of a visa to visit family in the UK.

These new regulations will come into effect from 9 July 2012.

No changes are being made to the rules governing those who can qualify for entry to the UK as a visitor.

These regulations will change the appeal rights of family visit visa applicants, for those applying to visit their uncle, aunt, nephew, niece or first cousin, or another relative who does not have settled, refugee or humanitarian protection status in the UK.

There will no longer be a full right of appeal if refused, although there will be a limited right of appeal for applicants on human rights and race discrimination grounds.


African visas unfairly rejected by UKBA

An inspection, led by John Vine, the Chief Inspector to the UK Border Agency, found that UKBA had acted unfairly and wrongly refused entry to UK visa applicants from Africa.

The inspection that took place between May and July 2011, examined applications handled at four UKBA posts in South Africa, Nigeria, Kenya and Croydon (Algerian-based applications).  The investigation found that many visas had been incorrectly rejected because evidence had been disregarded or misinterpreted.

The full report can be read here. 


South Korea added to Tier 5 Youth Mobility Scheme

Up to 1000 young people in South Korea will shortly be eligible to apply for a visa under the UK's youth mobility scheme, which is part of Tier 5 of the points-based system.

South Korean applicants will need to obtain a certificate of sponsorship before applying for a visa under the youth mobility scheme, which will be issued by the South Korean authorities.

The scheme will open to applicants in South Korea in the next few months


EU should undermine "national homogeneity" 

Peter Sutherland, head of the Global Forum on Migration and Development, has told the House of Lords committee on migration that the future prosperity of many EU states depends on them becoming multicultural.

He also suggested that the UK government's immigration policy had no basis in international law.

He also argued that migration was crucial for economic growth but appreciated the difficulty in explaining this to the citizens of those countries.


Changes to Visa Services

From 11 June 2012, visa applications submitted in Athens, Greece will be decided at UKBA's centre in Belgrade.


The visa application centre in Kathmandu will be relocating from 25 June 2012 - the new address can be viewed at the following link:


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.  
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