Tuesday, 1 July 2014

Immigration News - July 2014




Education


Investigation of Student Visas

The Minister for Immigration and Security, James Brokenshire, presented a statement on student visas to the House of Commons on 24th June 2014 concerning investigations into English Language Tests provided by the European subsidiary of an American firm called Educational Testing Services (ETS).

In February, the BBC's Panorama programme had exposed systematic cheating at a number of ETS's UK test centres resulting in investigations conducted by Immigration Enforcement Officers with the support from the National Crime Agency together with officials from UK Visas and Immigration (UKVI). Having been provided with analysis from the American arm of ETS for a number of ETS test centres in the UK operating in 2012 and 2013, the Minister stated that they had identified more than 29,000 invalid results and more than 19,000 questionable results. As they still have to receive test analysis from ETS for other testing centres that they operated in the UK, it is likely that the final count will be higher. A criminal investigation has been launched into the role of ETS Global Ltd and UKVI and Immigration Enforcement Officers have also been investigating many of the colleges and universities.

As a result, the Home Office suspended the highly trusted sponsor status of Glyndwr University and the licenses of 57 private further education colleges. A further two universities - the University of Bedfordshire and the University of West London - are no longer allowed to sponsor new students pending further investigations. Other universities are involved in the continuing investigation and further action may follow.

In the cases we have seen, the argument being used by the Home Office for the suspensions is that where institutions have assigned CAS to large numbers of students who have had TOEIC certificates withdrawn by ETS, it would appear that these students have directly and deliberately posed a threat to immigration control; and that the Home Office believes that any student wiling to go to such lengths to obtain a certificate is unlikely to be compliant with their visa conditions. This in turn leads the Home Office to question their genuine intention to study, ability to speak English to the level they have claimed and consequently their ability to follow their course of study. As a result, the Home Office argues that this places the institutions in breach of their sponsor duty to be satisfied before assigning a CAS that the student intends and is able to follow the course of study concerned.

In our view this is a very tenuous argument not least because in the case of some of the suspended institutions, the students had actually demonstrated their intent and ability by having completed the course successfully and obtained the qualifications for which they were studying; and we are continuing to work with affected institutions on developing their representations and building further safeguards for the future. 

Two further developments to have arisen from these cases is the use of HMRC to check students' employment and income whilst studying in the UK', and because the Home Office claims that much of the worst abuse they have uncovered seems to be taking place at London sub-campuses of universities based in other parts of the the country, the Minister also announced that the Quality Assurance Agency for Higher Education will examine these London campuses to see whether further action should be taken against their parent universities. In this latter context it is also noteworthy as a possible preparation for the outcome of the QAA review, that in the Tier 4 Sponsor Guidance updated on 1/7/2014 (see below), the Home Office has amended the list of circumstances in which it will consider revoking a sponsor licence, setting out that they may revoke a licence if there are compliance issues with the students sponsored either at the main premises or at any sites, branches or partner institution (including if they revoke the partner institution's own licence).

Further information can viewed via the following links:



Tier 4 Sponsors - updated guidance

UK Visas and Immigration (UKVI) have published guidance for education providers on how to apply for a Tier 4 sponsor licence and how to sponsor a student.

The updated guidance can be viewed here.



Applications to extend stay under Tier 4

UKVI have published updated guidance for those applying to extend their stay in the UK.

This updated guidance can be viewed here.


    Dependants of Tier 4 migrants - updated guidance

    UKVI have published updated guidance for applications by 'PBS dependants' (the dependant family members of people who have, or are applying for, visas under Tier 4 of the points-based system).

    The updated PBS dependants guidance can be viewed here.





    Tier 4 Modernised Guidance

    UK Visas and Immigration (UKVI) have published updated modernised guidance outlining how they consider applications from people to enter and remain in the UK under Tier 4 of the points-based system. 

    The updated Tier 4 modernised guidance can be viewed here.






    English language tests - updated guidance (Studying in the UK)

    Updated guidance has been published on the tests approved by UK Visas and Immigration to show that applicants have the required level of English for their visa.

    The updated guidance on English Language tests can be downloaded here.

    A list of the tests approved by the Home Office for English Language requirements can also be found here.





    Maintenance funds for PBS dependants (Studying in the UK)

    UKVI have published updated guidance on the maintenance funds requirements for family members of points-based system applicants.

    This updated guidance can be downloaded here.







    Working in the UK



    Tier 2: updated guidance

    UK Visas and Immigration (UKVI) has published updated guidance for those applying to come to the UK as a Tier 2 skilled worker or to extend their stay.

    Further information can be viewed here.





    PBS dependants: updated form and guidance (Tiers 1 & 2)

    UKVI have published updated guidance for applications by 'PBS dependants' (the dependant family members of people who have, or are applying for, visas under the points-based system).

    The updated PBS dependants' guidance can be viewed here.

    UKVI have also published an updated form and guidance for those applying to extend their stay in the UK as a Tier 1, 2 or 5 dependant. The updated form and guidance can be viewed here.



      Turkish worker or businessperson - applicants & dependants

      UKVI have published updated forms and guidance for Turkish nationals and their dependants who wish to apply to extend their stay in the UK.

      Applicants who are Turkish and have set up a business in the UK under the European Community Association Agreement (ECAA) and are now applying to extend their stay in the UK should use the updated form here.

      Applicants who are Turkish and have a job in the UK through the ECAA and wish to apply to extend their stay in the UK as a Turkish person who is employed should use the updated form here. 

      Applicants that are in the UK, as the dependant of a Turkish national who is working here with a visa under the ECAA should use the updated form here.


      Tier 2 Modernised Guidance

      UK Visas and Immigration (UKVI) has published updated modernised guidance for how they consider applications from people to enter and remain in the UK under Tier 2 of the points-based system.

      The new modernised guidance an be viewed here.




      English language tests - updated guidance (Working in the UK)

      Updated guidance has been published on the tests approved by UK Visas and Immigration to show that applicants have the required level of English for their visa.

      The updated guidance on English Language tests can be downloaded here.

      A list of the tests approved by the Home Office for English Language requirements can also be found here.

      https://www.gov.uk/government/publications/immigration-rules-appendix-o




      Maintenance funds for PBS dependants (Working in the UK)

      UKVI have published updated guidance on the maintenance funds requirements for family members of points-based system applicants.

      This updated guidance can be downloaded here.





      General Immigration Matters



      Inspection of the Glasgow Public Enquiry Office

      UK Visas and Immigration (UKVI) have published their response to the unannounced inspection of the Glasgow Public Enquiry Office by John Vine, Independent Chief Inspector of Borders and Immigration.

      The Chief Inspector's recommendations were:

      1. [That the Home Office] sets minimum acceptable levels of quality assurance checks and ensures that they are conducted across the PEO network.
      2. Ensure that there are adequate notes on the casework database about the rationale for decisions, including any reasons for delay and the outcome of any enquiries made.
      3. Publish clear customer service standards in respect of Premium Services and remove any conflicting or ambiguous information from its website.
      4. Provide up-to-date information about the complaints process at PEOs, with complaint posters and leaflets being available in public areas and ensure staff understand and can explain the process to applicants.
      5. Set an appropriate and measurable standard for answering telephone calls to its immigration enquiry line and publish this on its website.
      The Home Office accepted recommendations 1-4 in full. Recommendation 5 was partially accepted as the Home Office confirmed they now advise customers of average waiting times and busy periods via an automated message on their general enquiry line.

      The full inspection report can be viewed here.

      UKVI's response ca be viewed here.





      UKVI's Customer Service Charter

      UK Visas and Immigration (UKVI) have published an updated customer service charter.

      The updated customer service charter can be viewed here.

      https://www.gov.uk/government/publications/customer-service-commitments-uk-visas-and-immigration






      Application for confirmation of British Nationality status

      UK Visas and Immigration (UKVI) have published 'Form NS' for applicants who believe they have a claim to British nationality but they can't apply for a British passport because they don't have the documents they need.

      Form NS can be downloaded here.

      The guidance for completing 'Form NS' can be downloaded here.






      Response to report on European casework

      UK Visas and Immigration (UKVI) have published their response to the report by the Chief Inspector of Borders and Immigration's on the rights of European citizens and their spouse to come to the UK; on the application process and tackling abuse.

      The Chief Inspector's recommendations were as follows:

      1. Decide all linked applications for registration certificates and residence cards in a timely manner.
      2. Ensure that residence card applications that require additional scrutiny are identified upon receipt and decided on the basis of all relevant evidence.
      3. Make the application process as clear as possible within the constraints of the European Directive.
      4. Analyse existing records to discover if those naturalised as EEA nationals are disproportionately represented in abuse of free movement rights.
      5. Speedily remove those who sponsor, or seek to benefit from, marriages of convenience.
      6. Collect comprehensive and robust management information on all aspects of European casework.
      7. Retain an adequate record of the reasons for its decisions in both issue and refusal cases.
      8. Retain a record of the reasons for requesting marriage interviews and use this information to ensure that appropriate cases are selected for interview.
      9. Ensure that couples are spoken to and observed together where the relationship is suspected to be one of convenience.
      10. Pilot pastoral/home visits being undertaken by non-enforcement staff experienced in interviewing.


      The Chief Inspector's report can be viewed here.

      The Home Office's response can be viewed here.




      Applications for settlement on the basis of long residence - updated form guidance

      UKVI have published an updated form and guidance for those applying to settle in the UK on the basis of long residence. Those who have lived in the UK without immigration restriction for many years and now want to apply for settlement and a biometric residence permit should use this updated form.



      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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