Monday, 3 November 2014

Immigration News - November 2014




Education


Immigration Act - appeal system for students

Written Ministerial Statements have been laid in the House of Commons and House of Lords concerning the reform to the immigration appeals system in the Immigration Act 2014 that are being phased in from 20 October.

This includes the reform of the appeal system for students. A new system of administrative review is to be introduced by which caseworkers will have only 28 days instead of 12 weeks to correct errors.

The ministerial statement can be read here and the statement of changes to the Immigration Rules can also be viewed here.

UK Visas and Immigration (UKVI) have also revised the Immigration Rules: Appendix AR, which sets out the administrative review process. Appendix AR an be downloaded here.




Applying for Tier 4 sponsor licence

UK Visas and Immigration (UKVI) have published updated guidance for Tier 4 sponsors on sponsor duties and compliance. The updated guidance can be downloaded here.

Studying under Tier 4: updated modernised guidance

UK Visas and Immigration (UKVI) have updated their modernised guidance for how they consider applications from people to enter or remain in the UK under Tier 4.

The updated modernised guidance can be viewed here.


    Immigration Rules part 6A: points-based system (Studying in the UK)

    UK Visas and Immigration (UKVI) have revised the Immigration Rules part 6A, which covers the points-based system.

    The updated Immigration Rules part 6A can be viewed here.

    https://www.gov.uk/government/publications/immigration-rules-part-6a




    Sponsorship Management System (SMS) - updated guidance

    UK Visas and Immigration (UKVI) have updated the following guidance about the bulk data transfers between sponsor's IT systems and the Sponsor Management System (SMS):

    Bulk data transfer for sponsors: validation rules for CAS upload




    General grounds for refusal of entry clearance (Studying in the UK)

    UK Visas and Immigration (UKVI) have made revisions to the Immigration Rules part 9, which outlines the grounds for refusal. You can view the revised document here.





    Working in the UK



    Extending stay in the UK - Turkish nationals

    UK Visas and Immigration (UKVI) have published the following revised forms for Turkish nationals who are applying to extend their stay in the UK:

    Application to extend stay in the UK as a Turkish employed person - form ECAA1

    Application to extend stay in the UK as a Turkish businessperson - form ECAA2

    Application to extend stay in the UK as a dependant of a Turkish worker or businessperson who is in the UK on a temporary visa.

    These forms should be used on or after 3 October 2014.




    Tier 1 (Graduate Entrepreneur) - endorsing bodies

    A revised list of authorised institutions has been published by UKVI in relation to the Tier 1 (Graduate Entrepreneur) route.

    The updated list can be viewed here.


    Fear of immigration holding back UK's economic recovery

    The Telegraph reported that Alistair Cox, chief executive of recruitment group, Hays, has issued warnings over the fear of immigration damaging Britain's economic growth stating that economic recovery and development of major infrastructure projects are being threatened because politicians are afraid to speak out on immigration. He also called on the Government to abandon its net migration target, calling it "meaningless" and "uncontrollable" and claiming that it exacerbates skills shortages in the UK.

    The full article can be read here.



    Right to rent immigration checks: landlord's code of practice

    The code of practice for landlords on right to rent immigration checks has been updated by UKVI. The revised guidance can be downloaded here.

    In addition, UKVI have also published guidance for landlords on how to prevent unlawful discrimination when conducting right to rent immigration checks. This additional guidance can be viewed here.




    Tier 2 dependants: priority applications to extend visa

    UK Visas and Immigration (UKVI) have published an updated version of the Tier 2 Dependant Priority Application form.

    This form should be used for those already in the UK as the dependant of someone who is applying to extend their visa under Tier 2 or who is switching into Tier 2 from another immigration category.

    This updated form can be viewed here.

    https://www.gov.uk/government/publications/priority-application-to-extend-visa-tier-2-dependant

    Immigration Rules part 6A: points-based system (Working in the UK)

    UK Visas and Immigration (UKVI) have revised the Immigration Rules part 6A, which covers the points-based system.

    The updated Immigration Rules part 6A can be viewed here.




    General grounds for refusal of entry clearance (Working in the UK)

    Revisions have also been made by UKVI to the Immigration Rules part 9: grounds for refusal.

    The revised document can be viewed here.



    Restricted certificate allocations (October 2014)

    The restricted certificates allocation for October 2014 published by UKVI can be viewed here. The figures show that all valid applications for restricted CoS which score the minimum 32 points continue to be granted with carry-overs from the previous month(s).



    General Immigration Matters


    British-Irish visa scheme

    The Home Secretary signed a Memorandum of Understanding on 6 October 2014 with the Republic of Ireland allowing the data sharing and information exchange for informing and determining immigration decisions.

    This agreement will also allow visitors from India and China to travel between the two countries on a single visa.

    UK Visas and Immigration (UKVI) have published guidance on the British-Irish visa scheme, which can be viewed here.

    https://www.gov.uk/government/news/historic-uk-ireland-visa-deal-signed

    https://www.gov.uk/government/speeches/equality-authorisation-2014



    Settlement in the UK

    UK Visas and Immigration (UKVI) have published the following updated forms in relation to applications of settlement in the UK:

    Application to apply for settlement in the UK on the basis of long residence - form SET(LR)

    https://www.gov.uk/government/publications/application-to-settle-in-uk-form-setlr

    Application to extend stay in the UK (long residence) - form FLR(LR)

    https://www.gov.uk/government/publications/application-to-extend-stay-in-uk-long-residence-form-flrlr

    Application to transfer indefinite leave to remain in the UK from an old passport to a biometric residence permit - form NTL

    https://www.gov.uk/government/publications/application-to-transfer-indefinite-leave-to-remain-in-uk-form-ntl

    These forms should be used on and after 6 October 2014.

    UKVI have also published revised modernised guidance for how they decide applications from people applying on the basis of long residence in the UK. The updated modernised guidance on long residence can be viewed here.


    Reforming the UK Border and Immigration System


    The Public Accounts Committee (PAC) has published its report on reforming the UK Border and Immigration System.

    This report reviews the performance of the Home Office following the abolition of the UK Border Agency in March 20143.

    The key findings of this report were as follows:

    • Performance in most areas that were transferred was steady but the department failed to deal with long standing backlogs of asylum claims.
    • Many older asylum claims (some over seven years) still remain undecided.
    • The department lacks the data needed to manage its backlogs and the overall workload effectively.
    • The failure of a number of IT projects has also compromised the department's ability to track people through the immigration system and ensure that those with no right to remain are removed from the UK.

    The full report can be viewed here.



    Application to transfer visa to biometric residence permit - form TOC

    UK Visas and Immigration (UKVI) have published a new version of form TOC used for transferring an existing visa to a biometric residence permit.

    The revised form can be downloaded here.

    This form is for those who are already in the UK and should be used on/after 6 October 2014.

    https://www.gov.uk/government/publications/application-to-transfer-visa-to-biometric-residence-permit-form-toc


    Updated guidance: naturalisation

    UK Visas and Immigration (UKVI) have updated their guidance on naturalisation at the discretion of the Home Secretary.

    The updated guidance - Chapter 18 of the UK Visas and Immigration nationality instructions - can be downloaded here.

    https://www.gov.uk/government/publications/chapter-18-naturalisation-at-discretion-nationality-instructions



    Immigration Rules part 6A: points-based system (Other)

    UK Visas and Immigration (UKVI) have revised the Immigration Rules part 6A, which covers the points-based system.

    The updated Immigration Rules part 6A can be viewed here.

    https://www.gov.uk/government/publications/immigration-rules-part-6a

    General grounds for refusal of entry clearance (Other)

    Revisions have also been made by UKVI to the Immigration Rules part 9: grounds for refusal.

    The revised document can be viewed here.

    https://www.gov.uk/government/publications/immigration-rules-part-9




    Reconsiderations

    UK Visas and Immigration (UKVI) have updated their modernised guidance on how they make a decision about reconsidering an application.

    The revised modernised guidance on reconsiderations can be viewed here.






    Applications from overstayers

    UK Visas and Immigration (UKVI) have updated their modernised guidance on how they consider applications for further leave to remain made by applicants without valid leave (overstayers).

    The revised modernised guidance on such applications can be viewed here.






    Appeals

    UK Visas and Immigration (UKVI) have updated their policy guidance on the appeals process of the Immigration Act 2014.

    The revised appeals policy guidance can be viewed here.

    UKVI have also updated their modernised guidance on immigration, deportation and entry clearance appeals that are lodged with the Tribunals Service. The updated modernised guidance on the appeals process can be viewed here.

    Veristat Services



    Compliance checks and reducing visa refusals


    Veristat's HTS Health Check is a one or two day objective, external review covering key areas likely to arise during a Home Office visit together with examples of good practice drawn from over 5 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.

    These are normally half day courses conducted on your premises for a standard charge of £400 regardless of the number of people attending. 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 by telephone on 08443351619 or by email 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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