Education
Attendance Monitoring
The UK Border Agency wrote to university sector bodies on 15 February 2013 to clarify the position regarding attendance monitoring. The letter does not announce any new changes to the Immigration Rules or Sponsor Guidance but makes the point that UKBA's "attendance monitoring policy does not automatically [UKBA underlining]] require sponsors to create separate monitoring systems for international students".
This is fully in line with the advice we provide to HEIs. If there are suitable systems in place for monitoring attendance, these can also be used for Tier 4 students. The UKBA letter goes on to state that whilst the requirements for Tier 4 students can be incorporated into existing policies and procedures for all students, those systems must be sufficient to meet Tier 4 monitoring requirements.
In our experience, this is often where the problems arise. Whilst academic staff may gather information on attendance for all students for their own purposes, it is rarely monitored at that level for Tier 4. Normally the data will be brought together initially at school or faculty level where some monitoring for Tier 4 purposes may take place before being passed to a central team with specific responsibility for Tier 4 monitoring and reporting. This can be a resource intensive activity with the handover points affecting the quality of the final data.
The response from a number of HEIs has been to explore alternative systems such as the use of biometrics for recording attendance. However, such systems were themselves very expensive requiring hard wiring into lecture rooms or, often as a result of the costs, being located only at strategic points of entry, to show that a student had been on the premises. More recently, cloud based systems have been introduced such as that provided by BQU Time Management Systems http://www.bqutms.com/overview.html which offer a far more cost effective solution.
Whilst some may therefore see the latest announcement from the UKBA as freeing institutions from the need for biometric systems ("institutions need not subject international students to biometric attendance monitoring, agency reveals" THE 28th February) that is only half of the story. HEIs and other education providers will still be required to monitor the attendance of Tier 4 students and should consider all of the tools available to make the process as efficient and effective as possible.
Inclusion of overseas students in migration targets
The chairmen of five parliamentary committees have written to the British Prime Minister, David Cameron, urging him to remove international student numbers from migration targets.
They also recommended that further action be undertaken to encourage overseas university students to study in the UK.
The Business, Innovation and Skills Committee have also made their observations of the Government's response to their previous publication on overseas students and net migration figures. Their latest report concluded that the Government's response has been too late and has failed to take into account recent developments. It urges the Government to rethink their decision to include overseas students in migration targets.
The latest report by the Business, Innovation and Skills Committee can be read here.
Increase in International University student applications
Latest figures published by UCAS showed a 9.9% increase in the number of students applying to UK universities from China and 19.3% rise from India.
Immigration Minister, Mark Harper, argued that this increase in non-EEA students proves that whilst reforms have been introduced to stop abuse, they haven't dissuaded international students from coming to Britain.
Indian students urged to come and study in Britain
David Cameron urged Indian students to come and study in the UK ahead of his visit to India earlier this month. He also confirmed that there would be no limit to the amount of graduates who can stay and work. Whilst in theory this may be the case, in practice the increase in the job levels required for the issue of COS to first time applicants limits such opportunities to only a very small percentage of graduates.
Working in the UK
Proposed Changs to Tier 2 and Tier 5
The UKBA has published a statement of intent to help employers prepare for changes to the points-based system.
The statement announces changes to the codes of practice for skilled migrant workers from outside the European Economic Area. These will come into effect on 6 April 2013 and will also affect the timing of the applications for restricted certificates of sponsorship in March and April. The changes include:
- Changes to the lists of skilled occupations
The current codes of practice use the Standard Occupational Classification 2000 system. The UKBA is updating the skill lists and levels to reflect the new Standard Occupational Classification 2010 system.
- Changes to salary requirements
The minimum appropriate rates for skilled workers in each occupation are being simplified and updated to reflect changes in pay for settled workers. In addition, the overall salary thresholds which apply across Tier 2 will be increased in April, in line with wage inflation.
- Changes to the way the resident labour market test is conducted
The current lists of specific publications and websites where vacancies can be advertised will be replaced with a set of simple criteria for identifying suitable media. It is stated that these new criteria will make the resident labour market test more flexible, giving employers more freedom to advertise where they think they will be most successful, whilst ensuring workers have the opportunity to apply for jobs.
This follows a review of the codes of practice carried out by the Migration Advisory Committee (MAC) last year. The statement of intent sets out the government's response to the MAC's recommendations and how we will update the system to make it more user-friendly for both applicants and sponsors.
For full details of the changes, and the transitional arrangements can be found in the statement of intent.
Restrictions on Bulgarian and Romanian migrant workers
Research undertaken by the International Agency for Source Country Information found that by preventing Romanians and Bulgarians from working in the UK it would likely force them into black market leading to them staying longer. The unpublished survey of Romanians who have moved to the UK revealed that restricting migrants who want to work merely delays their return home.
MAC report: Revisions to shortage occupation list
The Migration Advisory Committee (MAC) has advised that the number of specialist UK jobs needing to be filled by workers from outside the European Economic Area (EEA) is decreasing.
The latest report published by MAC recommends a further reduction in employment covered by the UK's shortage occupation list to 180,000 employees, less than 1 per cent of the total workforce.
The report recommends removing 19 jobs in the health sector due to the investment in health training over the past decade. However, for the second year running the MAC recommends the number of engineering jobs on the list be increased.
The full report can be downloaded here.
General Immigration Matters
Application fee increases
On 25th February, Immigration Minister, Mark Harper, laid a written ministerial statement proposing fee increases for visa applications made overseas, and applications made in the UK.
The proposals laid in Parliament today and on 14 March, subject to Parliamentary approval, will take effect from 6 April 2013.
A full table of the proposed fees is included in the written ministerial statement.
Super Priority Visa Service for Indians
The Prime Minister has announced details of a super priority visa service allowing frequent travellers from India to have their visas processed in just one day.
The new scheme is being introduced from March and will be available at application centres in Delhi and Mumbai. The new scheme will run alongside the current priority and standard visa services but does not replace the process for expediting visas on compassionate grounds.
UKBA's use of deportation reserves
The Research Group, Corporate Watch, obtained data via a Freedom of Information (FOI) request that "reserve detainees" were still being held at airports before charter flights.
The UKBA issue detainees with standard letter, introduce in June 2012 and seen by the Observer, which informs its recipients that they are "one of a number of reserve travellers [sic] for this flight." It adds: "You will be taken to the departure airport and you should be prepared to travel as specified on your removal directions," the letter adds. "However, if you do not travel, given your reserve status, you will be returned to an Immigration Removal Centre."
The Home Affairs Select Committee published a report in 2012 demanding that this practice be stopped. The Chief Inspector of Prisons, Nick Hardwick, at the time also called for an end to this policy.
The FOI findings show that over half of the 40 deportation flights that had since left the UK involved the use of reserves. It also found that UKBA was now issuing letters to detainees advising them that they may or may not be deported.
In response, Keith Vaz, said he would be writing to the chief executive of the Border Agency to ask why this practice has not ceased.
Further information regarding the FOI information obtained by Research Group, Corporate Watch, can be viewed here.
Independent Survey of UKBA's asylum dispersal policy
A survey conducted by Maternity Action and the Refugee Council found that pregnant women were sometimes being moved by UKBA against medical advice and close to their due date.
They argued that the health of pregnant women and their babies are being put at risk due to UKBA's policy on dispersing asylum seekers.
You can download the full report here.
http://www.bbc.co.uk/news/uk-21567966bc.co.uk/news/uk-21567966
'Same-day' visa service being sold by unofficial agents
The BBC reported that unofficial agents are selling appointments for UK Border Agency's same-day visa service.
They found that agents were selling appointments for up to £200 to foreign nationals unable to secure one.
UKBA are aware that some individuals and organisations are attempting to secure or block-book appointments to sell on for profit and will be making some changes to the system to prevent this abuse occurring.
Use of force on pregnant women and children
The Guardian reported that UKBA has reinstated its old policy forbidding the use of force on pregnant women and children except to prevent harm.
The HM Inspectorate of Prisons urged UKBA not to use force against pregnant women and children following their inspection of the detention facility at Cedars near Gatwick airport. The government rejected this recommendation at the time stating that not having the option of using force could delay removals.
A High Court challenge against UKBA is due to start shortly concerning their use of force against pregnant women and children.
UKBA net migration falls by a third
Latest figures published by the Office for National Statistics confirms that net migration decreased by a third in the year ending June 2012.
515,000 people immigrated to the UK in the year ending June 2012, which is significantly lower than the 589,000 who migrated the previous year.
The Migration Statistics Quarterly Report, February 2013, can be downloaded here.
Renewal of temporary concession in Immigration Rules for Syrians
The UK Border Agency has announce that the temporary concession for Syrian nationals will be renewed for a further year, until 28 February 2014.
Syrian nationals with temporary permission to stay in the UK will continue to have more ways to extend their stay in the UK.
The ministerial statement can be viewed here.
Veristat Services
Audits and Compliance
Veristat provides a wide range of services to employers and education providers through compliance audits and advice on compliant practices, including record keeping, monitoring and attendance, advice packages, assessment of intent and admissions processing.
Please contact us at enquiries@veristat.co.uk for a no commitment discussion if you think you would benefit from any of these services.
Supporting Employer Sponsor duties
In may cases, employers who hold a Tier 2 licence sponsor only a very small number of migrants each year and have to "re-learn" the process each time they do so. Veristat operates as the representative and Level 1 user for a number of companies and handle employers' sponsor duties on their behalf. For further information on how we can help employers with their sponsor duties contact us at enquiries@veristat.co.uk.
Training
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.enquiries@veristat.co.uk
