Education
Changes to the Immigration Rules - October 2013 (Education)
A written ministerial statement was laid in Parliament on Friday 6th September 2013, outlining a number of changes to the Immigration Rules.
The key changes affecting education providers and non-EEA students studying in the UK are as follows:
- Expanding credibility interviews to Tier 4 students applying for leave to remain within the UK
- Introducing powers to refuse Tier 4 extension applications within the UK where the applicant cannot speak English
- Removal of the prospective student route
You can download the statement of changes to the Immigration Rules here.
The full ministerial statement can be read here.
New application forms published by Home Office (UKBA)
The Home Office (UKBA) has published new versions of the following application forms for use on or after 1 October 2013:
- Tier 4 (General)
- PBS Dependant application form for dependants of Tier 4 migrants
The above forms are for use by applicants who are already in the UK.
These new application forms should be used if applying on or after 1 October 2013. However, the Home Office (UKBA) will accept applications made on previous version of these forms up to and including 22 October 2013.
Changes to the Immigration Rules - October 2013 (Working in the UK)
A written ministerial statement was laid in Parliament on Friday 6th September 2013, outlining a number of changes to the Immigration Rules.
The key changes for businesses and workers, which come into effect on 1 October 2013, are as follows:
- Removal of the English language requirement for intra-company transferees
- Making it easier for graduate entrepreneurs to switch into Tier 2
- Waiving share ownership restrictions for some senior staff
- Allowing some students to work as interns under the Tier 5 government authorised exchange scheme
- Expanding checks to ensure applicants for work visas are genuine and that they intend to meet the conditions of the leave they apply for
- Allowing dependants to apply from within the UK, providing that they are not here illegally, as visitors, or in temporary admission or temporary release.
Tourists and business visitors will also benefit from the following changes:
- Tourists and business visitors will be able to do some study where it is not the main purposes of their visit.
- Expansion of the activities permissible to do as a business visitor
Further changes include:
- Enabling those who demonstrate exceptional promise in the arts to apply under Tier 1
New application forms published by Home Office (UKBA)
The Home Office (UKBA) has published new versions of the following application forms for use on or after 1 October 2013:
- Tier 1 (Exceptional Talent)
- Tier 1 (Investor)
- Tier 1 (Graduate Entrepreneur)
- Tier 1 (Entrepreneur)
- Tier 1 (General)
- Tier 2 (Priority)
- Tier 2 (Priority Dependant)
- Tier 2 (Main Applicant)
- Tier 5 (Temporary Worker)
- PBS Dependant application form for Tier 1, 2 and 5 migrants
All the above forms are for use by applicants who are already in the UK.
A new version of the Tier 1 (Exceptional Talent) Endorsement application form has also been published. This form is for applicants who are in or outside the UK.
These new application forms should be used if applying on or after 1 October 2013. However, the Home Office (UKBA) will accept applications made on previous versions of these forms up to and including 22 October 2013.
Inspection of Tier 1 of the Points Based System - report by the Independent Chief Inspector of Borders and Immigration
The Chief Inspector of Borders and Immigration, John Vine, has published a report on Tier 1 of the points based system.
The aim of the inspection was to examine the efficiency and effectiveness of the Home Office's handling of entrepreneur and investor applications, particularly looking at the consistency of approach between decisions made in the UK and overseas.
He found that the Home Office was carrying out all security checks and tackling fraudulent Tier 1 applications and that most decisions on investor applications were reasonable. However, almost half of the decisions could not be assessed due to poor record keeping. Also, inconsistent customer service and poor forecasting had also led to lengthy delays in processing UK applications.
The full report can be downloaded here.
The Chief Inspector of Borders and Immigration, John Vine, has published a report on Tier 1 of the points based system.
The aim of the inspection was to examine the efficiency and effectiveness of the Home Office's handling of entrepreneur and investor applications, particularly looking at the consistency of approach between decisions made in the UK and overseas.
He found that the Home Office was carrying out all security checks and tackling fraudulent Tier 1 applications and that most decisions on investor applications were reasonable. However, almost half of the decisions could not be assessed due to poor record keeping. Also, inconsistent customer service and poor forecasting had also led to lengthy delays in processing UK applications.
The full report can be downloaded here.
Closure of the Seasonal Agricultural Scheme
British fruit and vegetable growers have expressed concern over a decision to close the seasonal migrant scheme (SAWS).
Experts warn that closure of this scheme will lead to a sharp increase in fruit and vegetable prices.
The Immigration Minister, Mark Harper, has confirmed that the seasonal agricultural workers scheme will close in December.
This scheme has provided a third of Britain's seasonal agricultural workforce.
Experts warn that closure of this scheme will lead to a sharp increase in fruit and vegetable prices.
The Immigration Minister, Mark Harper, has confirmed that the seasonal agricultural workers scheme will close in December.
This scheme has provided a third of Britain's seasonal agricultural workforce.
General Immigration Matters
Changes to the Immigration Rules - October 2013 (Other)
A written ministerial statement was laid in Parliament on Friday 6th September 2013, outlining a number of changes to the Immigration Rules.
Other key changes are as follows:
- Introduction of a scheme allowing some locally engaged staff in Afghanistan to relocate to the UK
- Setting new youth mobility scheme quotas for 2014
- Changes to the way settlement applications for refugees who have committed crimes are handled by the Home Office (UKBA), and adding the power to curtail leave for persistent or serious offenders
- Introduction of temporary Immigration Rules so participants and personnel can come to the UK during the 2014 Commonwealth Games
- Minor changes and clarifications to the Immigration Rules, including those relating to family life
You can download the statement of changes to the Immigration Rules here.
The full ministerial statement can be read here.
The Border Force: Securing the Border (report by the NAO)
A report by the National Audit Office (NAO) concluded that the Border Force had successfully implemented full passenger checks and cut queuing times but at the cost of maintaining other aspects of border security.
The full report can be downloaded here.
The full report can be downloaded here.
Illegal Immigration amnesty
The BBC reported that the Home Secretary, Theresa May, had quashed calls for an amnesty for illegal immigrants.
There have been suggestions from some prominent Conservatives, including London Mayor, Boris Johnson, that an amnesty could boost the economy.
Theresa May told The House Magazine that it wasn't a policy that appeals to her as it simply gave the message for people to come to the UK illegally, as at some point that would be considered OK.
There have been suggestions from some prominent Conservatives, including London Mayor, Boris Johnson, that an amnesty could boost the economy.
Theresa May told The House Magazine that it wasn't a policy that appeals to her as it simply gave the message for people to come to the UK illegally, as at some point that would be considered OK.
Public opinion poll on the politics of Immigration
A poll of more than 20,000 people found that '6 out of 10' people thought immigration provides more disadvantages than advantages for the country, whereas 17% felt the positives outweighed the negatives.
You can download the full report published by Lord Ashcroft concerning this poll here.
Home Office Processing times
The Home Office has published its quarterly processing times for SET (O), SET (M), EEA3 applications, spouse visa, Tier 1 and Tier 2 visa extension and nationality applications.
These figures show that average processing times for SET (O), SET (M), Tier 1 and EEA3 applications have increased since the previous quarter, whereas there has been a reduction in the processing time for both Tier 2 visa extensions and nationality applications.
You can download the quarterly figures here.
Veristat Services
HTS Health-Check
The Veristat Health Check is a one day objective, external review covering key areas likely to arise during a Home Office visit together with examples of good practice drawn from over 4 years' experience of conducting compliance audits for schools, colleges and universities.
For further information please contact don@veristat.co.uk
Training for employers
We are increasingly being asked to provide training on Right to Work and/or Tier 2 sponsor duties. If you think your organisation would benefit from training in either or both of these areas, please contact us for a no commitment discussion of your requirements at enquiries@veristat.co.uk.
