Wednesday, 4 June 2014

Immigration News - June 2014





Education


Immigration Bill becomes law (Studying in the UK)

The Immigration Bill received Royal Assent on 14th May 2014 introducing a number of reforms to the UK immigration system.

The key changes in relation to studying in the UK are as follows:
  • Introduction of a new requirement for temporary migrants who have only a time-limited immigration status to make a contribution to the National Health Service.
  • Removal of the right of appeal from extension applications made in the UK to be replaced by administrative review. This will incur a fee and will be considered by Home Office caseworkers instead of an independent tribunal.
Further information can be viewed here.



Tier 4 - Premium customer service for sponsors

UK Visas and Immigration have published information about the premium service for education providers who sponsors overseas students.

You can view the updated guidance here.



Migration Statistics Quarterly Report (Studying in the UK)

The Office for National Statistics (ONS) has published the Migration Statistics Quarterly Report, May 2014.

The key findings in relation to studying in the UK were as follows:
  • In the year ending March 2014, study visas issued increased by 6% (12,291) and student visitor visas increased by 14% (9,935) compared with the previous year.
  • In the year ending March 2014, there were 209,011 sponsored student visa applications (main applicants), which was similar to the previous year (207,750)
  • There was a 7% increase for the university sector (UK-based Higher Educaiton Institutions, to 168,075) and falls of 31%, 2% and 2% respectively for the further education sector (tertiary, further education or other colleges to 20,538), English language schools (to 3,415) and independent schools (to 13,492).
  • The main nationalities showing an increase in the number of visas issued for study purposes (excluding student visitors) in the year ending March 2014 were Chinese (4,720, +8%), Brazilian (2,013, +102%), Malaysian (1,901, +23%), Libyan (1,732, +85%) and Iraqi (1,157, +44%) nationals.
  • There were also decreases for other nationalities, such as Pakistani (-4,104, -46%) and Indian (-2,689, -17%).
  • The ONS stated that excluding short-term migrants from the study-related visas granted data would provide a better comparison with LTIM long-term immigration data.


Approved English Language Tests

UK Visas and Immigration have updated their guidance on approved English language tests in relation to applying for a UK visas.

You can view the updated guidance here.

The guidance has also been updated to include information about the expiry of the Educational Testing Service's (ETS) licence to carry out secure English Language tests and the impact on student visa applicants.





Short-Term International Migration Annual Report (Other)

The Office for National Statistics (ONS) has published its annual report on short-term International Migration for the year ending mid-2012.

The key findings of this report in relation to studying in the UK were as follows:
  • 202,000 short-term (less than 1 year) visas were issued in 2013 (work, study and student visitor categories); this figure has gradually increased from 139,000 in 2009.
  • The majority of short-term visas in 2014 were issued to nationals of Asian countries (107,000).
  • Local authorities in London had the highest estimates of short-term international immigration for both employment and study in mid-2012.
The full report can be downloaded here.






Working in the UK



Immigration Bill becomes law (Working in the UK)

The Immigration Bill received Royal Assent on 14th May 2014 introducing a number of reforms to the UK immigration system.

The key changes for employers and those working in the UK are as follows:
  • Increased maximum penalty for employing each illegal worker from £10,000 to £20,000 
  • Changes to the processes by which an employer can object to and appeal against a civil penalty
  • Changes to allow for the enforcement of unpaid civil penalty debts in the civil courts
  • Changes to the documents and procedures when conducting right to work checks
  • Introduction of a new requirement for temporary migrants who have only a time-limited immigration status to make a contribution to the National Health Service
  • Removal of the right of appeal from extension applications made in the UK to be replaced by administrative review. This will incur a fee and will be considered by Home Office caseworkers instead of an independent tribunal.
  • Private landlords are now required to check the immigration status of tenants, preventing those with no right to live in the UK from accessing private rented housing.
Further information can be viewed here.





Migration Statistics Quarterly Report (Working in the UK)

The Office for National Statistics (ONS) has published the Migration Statistics Quarterly Report, May 2014.

The key findings in relation to working in the UK were as follows:
  • Work-related reasons were the most common reason given for migrating to the UK for the year ending December 2013.
  • 214,000 immigrated for work in the year ending December 2013, a significant increase compared to 180,000 for the previous year.
  • In the year ending March 2014, there was an increase in the number of work visas issued (+10% to 156,378).
  • National Insurance number (NINo) registrations to adult overseas nationals increased by 7% to 603,000 in the year ending March 2014. The highest number of registrations continues to be for Polish citizens (102,000).
  • 125,000 EU citizens immigrated for work in the year ending December 2014, a significant increase from 95,000 for the previous year. 62,000 were citizens from EU15 (pre-2004) countries, a significant increase from 49,000 the previous year.
  • An estimated 122,000 EU2 citizens were employed in the UK from January to March 2014, compared with 103,000 for the same period in 2013.
The full report can be downloaded here.




    Guidance for employers on preventing illegal working

    UK Visas and Immigration (UKVI) have updated their guidance for employers on preventing illegal working, the civil penalty scheme and conducting right to work checks.

    The following guidance has been updated:


    Short-Term International Migration Annual Report (Studying in the UK)

    The Office for National Statistics (ONS) has published its annual report on short-term International Migration for the year ending mid-2012.

    The key findings of this report in relation to working in the UK were as follows:
    • 202,000 short-term (less than 1 year) visas were issued in 2013 (work, study and student visitor categories); this figure has gradually increased from 139,000 in 2009. The majority of short-term visas in 2013 were issued to nationals of Asian countries (107,000).
    • Local authorities in London had the highest estimates of short-term international immigration for both employment and study in mid-2012.
    • 2 out of every 10 short-term international visits to England and Wales for 3-12 months were for employment in mid-2012 (47,000 visits), with a further 1 in 10 (22,000 visits) made on business for an overseas employer.
    The full report can be downloaded here.




    Tier 2 Shortage Occupation List

    UKVI have published a revised shortage occupation list in relation to Tier 2 of the Points Based System.

    This is a government approved list of jobs for which there is a shortage of workers in the UK.

    The list is valid from 6 April 2014.

    The revised list can be viewed here.





    Tier 2 - priority application to extend stay in UK

    UKVI has published forms for applicants wishing to make a priority application to extend their stay in the UK.

    Applicants wishing to be included in this priority service should complete the 'Request for inclusion in Tier 2 priority service' form.

    Applicants must wait for emailed confirmation that they have been accepted from the Tier 2 priority service team before applying using 'Form Tier 2 Priority'.

    Applicants may be eligible to apply online.

    'Form Tier 2 Priority dependant' should be used for any family members who also need to apply.

    Further information about the service, including the forms, can be viewed here.





    Approved English Language Tests

    UK Visas and Immigration have updated their guidance on approved English language tests in relation to applying for a UK visas.

    You can view the updated guidance here.




    General Immigration Matters



    Immigration Bill becomes law (Working in the UK)

    The Immigration Bill received Royal Assent on 14th May 2014 introducing a number of reforms to the UK immigration system.

    Key changes include:
    • Introduction of a new requirement for temporary migrants who have only a time-limited immigration status to make a contribution to the National Health Service.
    • Reducing the number of immigration decisions that can be appealed from 17 to 4, whilst allowing the Home Office to remove individuals considered to be harmful before their appeals are heard if there is no risk of serious irreversible harm.
    • Private landlords are now required to check the immigration status of tenants
    • Providing courts with Parliament's view of what the public interest requires when considering European Convention of Human Rights (ECHR) Article 8 claims in immigration cases.
    • Banks will be prohibited from opening current accounts for migrants identified as being in the UK unlawfully by requiring them to check against a database of known immigration offenders before opening accounts.
    • New powers to be given to the Immigration Services Commissioner to better regulate the immigration advice sector, to protect migrants from exploitation and prevent spurious and inappropriate applications.
    • Simplification of the current fees legislation and amendments made to the criteria and process in regards to the Home Office's ability to charge fees for immigration services.
    Further information can be viewed here.





    Migration Statistics Quarterly Report (Other)

    The Office for National Statistics (ONS) has published the Migration Statistics Quarterly Report, May 2014.

    Other key findings were as follows:
    • Net long-term migration to the UK was estimated to be 212,000 in the year ending December 2013 - a moderate increase from 177,000 the previous year.
    • Recent patterns of net migration over the last two years show an increase since the lowest estimate of 154,000 (year ending September 2012). However, net migration has continued to be lower than the general level of net migration since 2004.
    • 314,000 people emigrated from the UK in the year ending December 2013 - a slight increase from the 321,000 for the previous year.
    • 201,000 EU citizens immigrated in the UK in the year ending December 2013, a significant increase from 158,000 for the previous year.
    • There was a 5% increase in asylum applications in the year ending March 2014 (23,731) compared with the previous 12 months (22,630), although much below the 2002 peak (84,132). The 5% increase was particularly attributed to rises from Eritrea, Syria and Albania.

    The full report can be downloaded here.

    http://www.ons.gov.uk/ons/rel/migration1/migration-statistics-quarterly-report/may-2014/msqr-may-2014.html






    Short-Term International Migration Annual Report (Other)

    The Office for National Statistics (ONS) has published its annual report on short-term International Migration for the year ending mid-2012.

    The key findings of this report in relation to 'other' immigration matters were as follows:
    • Short-term international emigration was higher than short-term international immigration in mid-2012
    • 4 out of 10 short-term international visits (3-12 months) to England and Wales were for 'other' reasons, such as holidays and visiting family
    • India and Poland were the most common countries of residence for short-term migrants visiting England and Wales for 3-12 months
    The full report can be downloaded 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.


    LinkedIn 'HR Immigration' Group


    We have set up a 'HR Immigration' group on LinkedIn, which aims to provide a networking space for UK employers and HR/recruitment professionals to share and discuss news and best practice about current UK immigration issues.

    To join this group please go to http://www.linkedin.com/groups?gid=6537658

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