Education
New Tier 4 guidance publishing
The UK Border Agency has published new versions of guidance for Tier 4 sponsors and Tier 4 students.
Changes to the Tier 4 guidance for sponsors include:
- No substantive changes have been made to sponsor duties but the 'Reporting Duties' section at paragraphs 530 - 550 has been reorganised.
- Paragraph 493 of the 'How long can the student stay in the UK' section has been amended to include an exemption to the 5-year limit to study at degree level for students studying music at a Conservatoire.
Changes to the Tier 4 guidance for students include:
- Paragraph 180 v. and 271 v. of the guidance has been updated to reflect the amendment to the Immigration Rules made in December 2012 placing restrictions on the type of financial institutions that can provide loan letters for students to use as evidence of maintenance.
- Paragraph 305 has also been amended to clarify that a single visa cannot be issued to cover both a pre-sessional course and a main course, where entry onto the course is conditional on passing the pre-sessional course.
International University students boost economy
A joint study by Sheffield University and Oxford Economics found that Sheffield's international students boost the city's economy by more than £120m a year.
The research found that student tuition fees and living expenses, along with visits from relatives brought approximately £136m to the wider region of Yorkshire and Humber.
You can read the full report here.
Changes to Immigration Rules - Education
A written ministerial statement was laid in Parliament on Thursday 14 March 2013 outlining a number of changes to the Immigration Rules.
The key changes for Tier 4 were as follows:
- From 6 April 2013 PhD students will be allowed to stay in the UK for one year beyond the end of their course to find skilled work or to set up as an entrepreneur.
- From 6 April 2013, applicants will no longer be allowed to study at a lower level than what the CAS states.
Further information can be found in the statement of changes and on the Tier 4 page on the UKBA website.
Immigration status checks proposed in schools
The Guardian reported that leaked emails have suggested that an inter-ministerial group on migrant's access to benefits have been considering a proposal that would require schools to check the immigration status of their pupils to ensure that children who are in the UK illegally do not have access to state schooling in the UK. In a response to a Parliamentary question, the Home Secretary, Theresa May, said there were no plans to bar children from schools.
Working in the UK
Changes to the restricted certificates of sponsorship (RCoS) application process
The UK Border Agency has announced changes to the codes of practice for skilled employers, including updating the list of skilled occupations to reflect the Standard Occupational Classification (SOC) 2010 system.
This transition will mean that UKBA will be adjusting the arrangements for restricted certificate of sponsorship (RCoS) in March, April and May 2013.
Sponsors should be aware that if you are granting a RCoS before 6 April 2013, it must be assigned by 5 April 2013, otherwise the 'job type' details will be lost when the Standard Occupation Classification (SOC) system is updated. If the 'job type' details are lost then a new application will need to be submitted for a new restricted certificate of sponsorship.
Changes are also being made to the timings of the monthly allocation of RCoS for April and May 2013, as follows:
- April allocation 2013: UKBA will accept applications for the April allocation period from 6-17 April 2013. Decisions on these applications will be made on 19 April 2013.
- May allocation 2013: UKBA will accept applications for the May allocation period from 18 April to 5 May 2013. Decisions on these applications will be made on 13 May 2013.
If a sponsor urgently needs a restricted certificate of sponsorship between 6 March and 18 April 2013, they must submit an application and request exceptional consideration by emailing the reasons for exceptional consideration to Tier2Limits@homofficie.gsi.gov.uk.
Further information about these changes, including examples of acceptable reasons for exceptional consideration can be viewed at the link below.
Changes to Immigration Rules - Working in the UK
A written ministerial statement was laid in Parliament on Thursday 14 March 2013 outlining a number of changes to the Immigration Rules.
The key changes for Tier 1 are as follows:
- The Tier 1 (Graduate entrepreneur) route is being expanded to include additional places for MBA graduates from UK Higher Education Institutions (HEIs). It will also allow individuals from UK Trade and Investment's elite global graduate scheme to apply.
- Applicants of the Tier 1 (Exceptional talent) route will no longer have to pay the full fee up front or have their passports held by the UKBA while a decision is made on whether a designated competent body will be able to endorse them.
The key changes for Tier 2 are as follows:
- Updates are being made to the shortage occupation list, the code of practice for employers, salary thresholds and the minimum salary rates for individual occupations.
- The limit will continue to be set at 20,700 places each year.
In addition, the provisions in Tier 5 for temporary workers have been updated.
Further information can be found in the statement of changes and on the Tier 1 page on the UKBA website.
Concession for Sheep Shearers
The UK Border Agency have agreed to allow sheep shearers contracted to work in the UK from 1 April 2013 until 30 June 2013 to enter the UK without an employment visa as a concession.
Non-visa nationals seeking admission under the concession will not be subject to entry clearance. On arrival in the UK they will need to be able to satisfy an immigration officer that they are genuinely seeking entry for the purpose of employment, for a temporary period, as a sheep shearer.
Those admitted under the concession will be admitted for a maximum of three months and will restrict their permission to work to employment with a specific employer or contractor.
There will be no provision for granting an extension of stay or to switch into another category of stay, other than as a visitor, without first leaving the UK. Dependants will not be granted admission under this concession.
Romanian and Bulgarian immigration
The Communities secretary, Eric Pickles, has stated that Ministers are not aware of how many Romanian and Bulgarian nationals will come to the UK when restrictions are relaxed.
It has previously been predicted that approximately 13,000 may come to the UK (about 4,613 Bulgarians and 8,155 Romanians).
The Home Office has confirmed that it has not produced forecasts and that they would not be publishing any predictions on the number of people who would move to the UK when the restrictions are relaxed at the end of 2013.
General Immigration Matters
Chinese visitors still coming to UK
Quarterly immigration statistics published by the Office for National Statistics (ONS) on 28 February showed that the UK is still attracting visitor from China.
The latest figures showed that in the year to December 2012, the total number of visas issued to Chinese nationals had increased by 7 per cent from the year to December 2011, with an increase of 6 per cent in visit visas issued. There had also been a 9 per cent increase in the number of study visas issued to Chinese nationals.
You can read the ONS's February 2013 quarterly immigration statistics here.
Other Changes to Immigration Rules
A written ministerial statement was laid in Parliament on Thursday 14 March 2013 outlining a number of changes to the Immigration Rules.
The following additional changes have been outlined:
- Minor changes to ensure there are the necessary requirements in place for granting discretionary leave to unaccompanied asylum seeking children. Amendments have also been made to the length of discretionary leave granted to these children.
- Clarifications will be made to the general visitor rule to prevent people effectively living in the UK through frequent and extended visits.
- Minor changes to be made on long residence and work-related settlement.
- Introduction of a new protection route recognising stateless persons.
Further information can be found in the statement of changes.
Home Affairs Committee report on UK Border Agency
The Home Affairs Committee published its report on the work of the UK Border Agency (July - September 2012) on 19 March 2013.
The key recommendations made were as follows:
- Ex-foreign national offenders should be considered for deportation earlier in their sentence, and the Home Office should work to overcome logistical and legal obstacles to doing so.
- Consideration should be given to granting applicants leave to remain where there have been severe delays in decision-making and where the passage of time has made evidence harder to find or has led to the applicants being better integrated into British society.
- The UKBA should review its resource model for processing the backlog of cases pending an initial decision for more than 6 months.
- Changes should be made to reverse the increase in the number of cases waiting for an initial decision for longer than six months.
- The agency should explain to Parliament why 28,558 visa applications were not processed within target times and should examine how strong performance of the International Directorate can be replicated for in-country applications.
- An immediate independent review should be undertaken by UKBA of the application of Rule 35 in immigration detention.
- Changes should be made to reduce the volume of appeals.
- Instigate a way of tracking follow-up actions on potential non-compliance reports so that they can keep track of the number of people who may be breaking the terms of their visa and therefore remaining in the country illegally.
- Sufficient resources should be put in place to carry out timely checks that individuals refused Leave to Remain have left the country.
- Provision of an improved intelligence picture about the results of allegations made.
- The Agency must disclose all relevant information to Parliament and not wait until it is asked.
It also makes a recommendation that Senior Agency staff do not receive bonuses until there is evidence that the backlog is being substantially reduced and new backlogs are not emerging.
The full report can be viewed here.
Prime Minister's speech on Immigration
The Prime Minister, David Cameron, gave a speech on immigration on Monday 25th March 2013 at the University Campus Suffolk in Ipswich.
In this speech the Prime Minister stated that immigration must be properly controlled, net migration needs to be radically reduced to tens of thousands and they needed to ensure only the brightest and best people come to the UK to study and work for the right reasons.
Welfare and training were a key part of the government's approach to immigration.
The key points made were as follows:
- No business requests by licensed sponsors for the employment of migrants from outside the EEA have been rejected because of the limit currently in place. The cap of 20,700 has been undersubscribed each month since it was introduced.
- 2,000 extra places for graduate entrepreneurs has been introduced, with 1,000 for MBA graduates and new support to back foreign investors and entrepreneurs.
- A requirement for private health insurance to cover the costs of NHS care or stricter charging system is currently being considered.
- Migrants will need to have lived here and contributed for at least 2 years before they qualify for social housing with priority being given to local people.
- A tougher process of dealing with illegal immigrants in Britain would be introduced. For example, ensuring that private landlords check their tenant's immigration status with consequences for rogue landlords who fail to do this.
- Doubling of fines levied against employers who employ illegal workers.
- Further targeted operations against illegal working would be undertaken this summer, including agricultural work in East Anglia.
- Easier system to be introduced for checking when a migrant's leave is due to expire.
- The government is working with the financial services industry to stop illegal migrants from obtaining credit cards, loans and opening bank accounts.
- Continue to roll out a single, secure form of identification i.e. biometric residence permits.
- The payment of legal aid will be stopped for the vast majority of immigration appeals.
The full speech can be read here.
Changes to the UK Border Agency
The Home Secretary has announced that the Government has decided to end the Executive Agency status of the UK Border Agency and return its functions back within the Home Office.
We do not expect the changes to make any significant difference in the short term but the Government has promised a new Bill in the Autumn.
The full statement made by the Home Secretary can be viewed here.
New Life in the UK Test
From 25th March 2013, applicants required to undertake the 'Life in the UK' test will need to answer questions based on the new handbook 'Life in the UK - A Guide to New Residents', which was published on 28th January 2013.
Further information about this test can be viewed here.
Increase in fees for Visa Applications
Parliamentary approval has been given for an increase in fees for visa applications made from overseas and applications made from within the UK from Saturday 6 April 2013.
All applications submitted from this date must be accompanied by the correct fee, as any applications with the old fee will not be accepted. New versions of the application forms can be obtained from the UKBA website,
You can read further information about these new fees here.
Home Office proposals to improve documentation at the Border
The Home Office has launched a consultation to reduce the number of passengers arriving in the UK without proper travel documentation.
It is the responsibility of air and sea carriers to ensure that passengers have the correct documentation before they board. The cost to the UK of undocumented passengers can be high as many go on to claim asylum. There is also a security risk as individuals wishing to come here for organised crime or terrorism purposes may see this as a potential method of entry.
Further information can be viewed at the below link.
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 for a no commitment discussion if you think you would benefit from any of these services by emailing us at enquiries@veristat.co.uk.
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.
