Education
Changes to the Immigration Rules (Tier 4)
A written ministerial statement was laid before Parliament on 22nd November 2012 outlining a number of changes to the Immigration Rules that come into effect on 13 December 2012.
The key changes to Tier 4 are as follows:
- Students can now start working as a doctor or dentist as soon as they have submitted an application in which they are sponsored to do a recognised NHS Foundation Programme, while they are waiting for that application to be decided.
- Students who have been endorsed by their institution for the Tier 1 (Entrepreneur) category can now work in self-employment as soon as they are waiting for it to be decided.
- Extended period of interim limit where educational institutions that have not achieved both a satisfactory educational oversight inspection from a specified body and Highly Trusted Sponsor status are subject to an interim limit on the number of international students that can be recruited.
Also from 28 February 2013 the following changes are being made to Tier 4:
- Only loan letters from an official source will be permitted.
- Students may also meet the maintenance requirements by holding cash, including a cash loan but not a letter, in their bank account for 28 days.
The full statement of policy can be viewed here.
You can read the full statement of changes here.
Independent Chief Inspector's report on Tier 4
A report by the Independent Chief Inspector, John Vine, published on 29 November 2012 found that whilst some improvements had been made by the UK Border Agency, there were concerns regarding the following issues:
- There was a lack of published performance standards for sponsorship applications - some applications were taking over six months to process.
- There were no targets in place to manage notifications to the Agency from sponsors that students were, for example, not attending courses. A backlog of 153,000 notifications was found at the time of inspection.
- The lack of powers to arrest by Compliance Officers meant they could take little or no action if an individual in breach of immigration laws was encountered.
The full report can be read here.
Working in the UK
Changes to the Immigration Rules (Tiers 1/2)
The following changes to Tier 1 and 2 were also in the written ministerial statement laid before Parliament on 22nd November 2012.
The key changes to Tier 1 are as follows:
- Reduced funding required to £50,000 for entrepreneurs if it is from a specified source. This provision is being expanded to include funding from Devolved Administration Departments.
- Lowering of the English language requirement for entrepreneurs from level C1 (advanced) to level B1 (intermediate).
- Restricting the ability of students to switch into the entrepreneur route unless the migrant has £50,000 funding from a specified source.
- Restricting investors from working as professional sportspeople, to prevent them circumventing the Sports Governing Body endorsement needed in the dedicate routes for sportspeople.
- Curtailment of Tier 1 (Investor) migrant's leave if they fail to maintain the required level of investment for the duration of their leave.
- Clarifications to confirm that points will not be awarded for investments against which applicants have taken out loans, or investments that are held in offshore custody.
- Applicants must now provide evidence of the source of additional funds with regard to accelerated settlement.
The key changes to Tier 2 are as follows:
- A change to the operation of the Tier 2 'cooling off period' rule to increase flexibility for some migrants who leave the UK before their visas expire and wish to return 12 months later.
- Allowing absences from the UK of up to 180 days per year for those seeking settlement through Tier 2 and other work routes.
- Extending the maximum stay from 5 years to 9 years for very senior staff earning £150,000 a year or more.
- Accommodating salaries and recruitment practices for barristers sponsored under Tier 2.
- Allowing Tier 2 and 5 migrants to undertake supplementary employment in a shortage occupation, even if this is a different occupation to the one they are being sponsored to work in.
Tier 5
The following key changes are also being made to Tier 5 and work-related settlement with effect from 13 December 2012.
Tier 5 (GAE schemes)
- Widening the definition of a training programme to include training by HM Armed Forces or UK emergency services.
- Adding a new 12-month work experience/professional teacher training scheme, run between South Korea and University of Chichester to the list of approved GAE schemes.
Tier 5 (Contractual service suppliers)
- Workers must be employed by a business located on the territory or country which is party to such an agreement and which has no commercial presences in the EU.
- The service being supplied to the Tier 5 sponsor must fall within a sector on which the UK has taken commitments in an international trade agreement.
- The service being supplied must be pursuant to a contract that has been openly tendered.
- The Tier 5 Sponsor must be the final user of the service. A business in the UK cannot sponsor the admission of workers under this category which it will then supply, as labour, to a third party.
- The applicant must be a national of the country in which the sending business is located.
- The applicant must be employed by the sending business for at least one year prior to the date of the application.
Tier 5 (Youth Mobility Scheme)
- Increase number of places for Australia (from 32,500 to 35,000 places) and Canada (from 5,000 to 5,500).
- Increased allocation of places for South Korea to give them the minimum annual allocation of 1,000 places.
Work-Related Settlement
- Absences of up to 180 days in each of the calendar periods of 12 months for the qualifying period of continuous residence will be permitted.
Tesco fined £115,000 for employing illegal workers
The Telegraph reported that Tesco had been fined £115,000 for employing foreign workers in breach of their Tier 4 licence conditions.
The UKBA is reportedly working with Tesco to resolve the problem rather than revoking its licence.
General Immigration Matters
UKBA's backlog of immigration & asylum cases
There has been a significant increase in the number of outstanding immigration and asylum cases, which has risen by 25,000 in three months.
This is thought to be due to the 24,000 missing migrants in the migrant refusal pool who have been refused permission to stay in the UK but whose whereabouts are unknown. It also includes cases in the 'Controlled Archive'.
The Home Affairs Select Committee is concerned that the backlog is getting out of control but is adamant that its clearance shouldn't be rushed and that proper checks are undertaken.
Home Office Research Report - Emigration from the UK
A recent research report published by the Home Office on emigration from the UK shows there has been an increase in the number of middle-class professionals leaving the UK to work abroad.
The Office of National Statistics says emigration from Britain rose significantly over the past decade from 363,000 a year to 427,000 in 2008. However, since then it has fallen to approximately 350,000 a year.
The research also showed that less people emigrate from Britain during periods of increased unemployment.
The full report can be downloaded at the below link.
Changes to British citizenship applications from children born of surrogacy arrangements
When applying for registration as a British citizen for a child born of a surrogacy arrangement a covering letter must be enclosed to confirm that the child was born as a result of a surrogacy arrangement.
The words 'Surrogacy case' must also be written across the top of the application form.
Applications may be delayed if these procedures are not followed.
Chief Inspector's report on handling of legacy cases
A report from the Chief Inspector of borders and immigration, John Vine, found significant failings in UK Border Agency's handling of unresolved legacy cases.
The full report and the agency's official response can be downloaded and viewed here.
Net migration falls below 200,000
Provisional data published by the Office of National Statistics indicates that net migration in 2011-12 fell to below 200,000 for the first time since 2008-9.
Latest figures show that net migration fell from 242,000 to 183,000 in the year to March.
This reduction is primarily considered to be due to the fall in the number of foreign nationals studying in the UK.
Veristat Services
Admissions Service
In response to requests from clients, Veristat has launched a new Admissions Service for schools, colleges and universities to ensure that student applications meet UKBA requirements. The service can be continuous or as additional support to cover short term, peak periods. We offer a full menu of options from which clients can select the services that meet their requirements. Examples include:
- Review and approval of all admissions documentation pending CAS issue.
- English language (SELT) and NARIC checks.
- Checks for previous refusals and study.
- Academic progression
- Rules relating to length of study
- Chasing missing documentation
- Finance checks
- Issuing CAS as Level 1 or Level 2 user
For further information, please contact us at enquiries@veristat.co.uk.
Global Partnerships
Veristat consultants have a wealth of experience drawn from both the education sector and the Home Office in facilitating partnerships, in particular between Universities and Independent Colleges. We can help identify partners both in the UK and abroad who have strengths that compliment yours to create mutual benefits. We can also provide ongoing support in the management and quality assurance of the relationship, including UK Border Agency compliance where appropriate.
For further information, please contact us at enquiries@veristat.co.uk.
