Education
London Metropolitan University - Update
The UK Border Agency has now written to all overseas students affected by the withdrawal of London Metropolitan University's Tier 4 sponsor licence in August 2012 to advise them whether their place has been confirmed.
Any students that UKBA is satisfied had enrolled at London Metropolitan University will be informed they can continue with their studies to the end of the academic year or the end of their course (whichever is sooner).
If the student applied to transfer to another sponsor (education provider), they should have received a decision by 18 January 2013.
If a student has not written to UKBA and has not obtained leave to remain in another immigration category, UKBA will write them to curtail their leave if they have more than 60 days remaining.
Further background information and contact details can be viewed at the below link.
Drop in Indian, Pakistani, Irish and Polish students
Latest statistics published by the Higher Education Statistics Agency show there has been a decrease in the number of Indian, Pakistani, Irish and Polish domicile students coming to study in the UK.
There has been a drop in Indian and Pakistani students of 23.5% with the stats showing that 13.4% was partly due to the increased perception that Britain was unwelcome to international students.
Working in the UK
Changes to Tier 1 Immigration Rules
On 30th January 2013 the Government announced significant changes in the Rules relating to Tier 1 Entrepreneurs as a result of concerns that the system is being abused. Under the system in place until 30th January, applicants only had to show evidence of sufficient funds being available and disposable in the UK. The Government believes that in many cases these funds are being recycled to other applicants rather than invested in a business.
The allegations are of both organised criminality and abuse by individual applicants. The UK Border Agency has also experienced an unprecedented surge in Tier 1 (Entrepreneur) applications. The number of in-country applications has risen from 739 in 2011 to 6,878 in 2012, accelerating in the second half of the year and culminating in a spike of nearly 3,000 applications in December preceding changes in the Rules preventing student switching unless they have £50,000 funding from a specified source, such as a registered venture capitalist firm or UK Government department.
Although the volume of applications has since fallen, the Government has decided to take the unusual step of introducing the changes immediately to prevent a further spike. The changes will affect both new applications and those already under consideration.
The key change will be the introduction of a "genuine entrepreneur test" which gives the UK Border Agency the ability to test the credibility of suspicious applicants and to use their discretion, while leaving the basic requirements unchanged. Other changes will require the necessary minimum funds to be held, or invested in the business, on an ongoing basis rather solely on the date the application was made, and for leave to be curtailed if the funds cease to be available. There are no changes to the level or accepted sources of the funds themselves.
Immigration from Romania and Bulgaria
The government is currently looking at options to limit the number of Romanian and Bulgarian nationals coming to the UK following concerns raised by MPs.
Some MPs are concerned at the impact of increased arrivals from these countries on public services as well as the government's commitments to cut net migration.
However, the government would need to operate within the legal framework guaranteeing freedom of movement of people within the European Union.
General Immigration Matters
Cruise Scotland's fears regarding immigration checks
The BBC reported that UK Border Force is now enforcing that passengers must have their documents checked, face-to-face, at the first UK port of call.
Cruise Scotland warned this could deter cruise liners from stopping in Scotland.
The UK Border Force confirmed no changes had been made to the immigration rules affecting cruise ships and that full checks are conducted on all cruise ship passengers entering the UK to ensure borders are not compromised.
Legitimate immigrants advised to leave UK by UKBA
The UK Border Agency has admitted that some inaccurate files have been given to Capita, the private company contracted to trace illegal immigrants.
This led to text messages being sent to legitimate migrants advising them that they must leave the UK and that they should contact UKBA immediately.
The Home Secretary, Theresa May, has promised to look into the cases of people entitled to live in Britain who were wrongly advised to leave the UK by Capita.
Chief Inspector's report on applications to enter, remain & settle on the basis of marriage and civil partnerships
The Chief Inspector of Borders and Immigration, John Vine, published a report on 24th January 2013 of his inspection of applications to enter, remain & settle in the UK on the basis of marriage and civil partnerships.
This inspection found that the majority of decisions in marriage applications were reasonable but he was concerned about finding further case backlogs and the lack of consideration of the best interests of children.
You can download the full Chief Inspector's report here.
Chief Inspector's report on the handling of customs and immigration offences at ports
The Chief Inspector of Borders and Immigration, John Vine, published his report on the handling of customs and immigration offences at ports on 24th January 2013.
This inspection found that in most cases the UK Border Agency and Border Force dealt with immigration and customs offences detected at ports in a consistent manner. However, they also found that there was still some room for improvement in the following areas:
- Processing of initial decisions on asylum claims
- Clarity on the circumstances in which certain immigration cases should be referred to CFI teams
- Record keeping on decisions not to investigate immigration offences
- File retention and retrieval process
You can download the full report here.
UKBA publishes new 'Life in the UK' handbook
The UK Border Agency has published a revised 'Life in the UK' handbook, which is now available for applicants to buy.
Further information about the 'Life in the UK' test can be viewed here.
Appointment of Detention/Medical experts to new Independent Advisory Panel
Detention and medical experts have been appointed to a new independent Advisory Panel that is providing independent advice to the UK Border Agency.
The panel will look at quality and safety aspects of the training package for officers dealing with non-comploant or violent detainees under escort.
Assessment of good character in citizenship applications
Changes have been made to the assessment of good character for those applying for citizenship on or after 13 December 2012.
The key changes are as follows:
- Applications made on or after this date involving a criminal conviction will no longer be assessed against the Rehabilitation of Offenders Act 1974 but will instead be measured against new sentencing limits.
- If the application features a sentence of 4 years or more in prison this can never fall outside a sentencing threshold, so such applications for citizenship are likely to be refused.
- Police cautions will also be taken into consideration when assessing whether the applicant meets the good character requirement.
- Greater scope will be given to discount some disciplinary military offences when deciding nationality applications from serving and former members of HM Forces.
You can download the updated guidance here.
Veristat Services
Audits and Compliance
Veristat provides a wide range of services to employers and education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us at enquiries@veristat.co.uk for a no commitment discussion if you think you would benefit from any of these services.
We are increasingly being asked to provide training on 'right to work' and sponsor duties. If you think your organisation would benefit from training in either of these areas, please contact us for a no commitment discussion of your requirements at enquiries@veristat.co.uk.
University and College Admissions Services
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.
