Wednesday, 7 January 2015

Immigration News - January 2015

Education


Inspection of visa interviewing

The Chief Inspector of Borders and Immigration, John Vine, has published his inspection report on visa interviewing.

 Overall, he found that the Home Office was managing the change programme effectively.  The implementation of video credibility interviews was being managed well and the installation of video technology in visa application centres in a number of global locations was impressive. However, whilst the video credibility interviews were adding value to the decision-making process in high-risk locations, less evidence was found of this in low-risk locations.

The report recommends that the Home Office:
  • Re-assesses whether a risk-based approach to video teleconferencing interviews would deliver increased benefits and target resources more effectively;
  • Widens the scope of the quality assurance regime in the Sheffield interview to include an assessment of the quality of the interview itself;
  • Improves the level of feedback between frontline ECOs and VTC staff to increase the overall efficiency and effectiveness of the VTC process;
  • Uses substantive interviews whenever it is appropriate to do so;
  • Improves interviewing training so that ECOs are equipped with the skills to conduct interviews effectively;
  • Undertakes a trial in which a free text option is added to the VTC transcript so that follow up questions can be asked; and
  • Ensure all staff receives mandatory training in equality and diversity.
The full inspection report can be viewed here. The Home Office's response to this report can also be viewed here.




Expelling international students at end of course

The BBC reported that the Home Secretary, Theresa May, is considering a proposal for the next Conservative Party manifesto that would require international students to leave at the end of their course.

A number of prominent figures, including Sir James Dyson, have reportedly condemned this plan, fearing that this policy would be harmful to the economy.

The Campaign for Science and Engineering were also reported to have said that this plan conflicted with the government's commitment to make Britain the best place in the world to do science.

Approved English language tests

The Home Office have updated their factsheet detailing the action they have taken against education institutions since June 2014.

The latest update confirms the reinstatement of the CAS allocation for both the University of Bedfordshire and the University of West London. The sponsor licence of Glyndwr University was also reinstated in November on a limited basis, until a further review is conducted in January 2015.

The Home Office has also revoked the Tier 4 sponsor licence of a number of private colleges.

The updated factsheet can be read here.






    Working in the UK



    Right to Work checks

    UK Visas and Immigration (UKVI) have updated their guidance for employers on conducting right to work checks.

    The following amendments have been made:
    • If the Residence Card, Permanent Residence Card, Accession Residence Card or Derivative Residence Card held by a non-EEA national is endorsed on a non-EEA migrant's passport, that passport may be current or expired. However, the Residence Card, Permanent Residence Card, Accession Residence Card or Derivative Residence Card must be current and checks must be made by the employer to ensure both documents belong to the worker.
    • Further clarification of the work placement rules for international students has been provided. A Tier 4 student is only permitted to undertake a work placement when it is an integral and assessed part of their course. A work placement is separate from any employment that a student may be permitted to undertake while they are following a course of study.
    • The guidance has also been updated in respect of Transfer of Undertakings (Protection of Employment) (TUPE) transfers and changes to the constitution of corporate employers. An explanation is provided as to why a transferee under a TUPE transfer should perform the check. It is also confirmed that a check is not necessary when there is only a change in the legal constitution of the organisation e.g. from a private limited company to a public limited company.
    • The new arrangements for making an enquiry via the Employer Checking Service (ECS) interactive tool have also been added.
    You updated guidance can be viewed here.

    Illegal working penalties: quarterly totals

    UK Visas and Immigration (UKVI) have published their quarterly report showing the total number of fines (civil penalties) for illegal working given to employers in each region of the UK. The report shows that 1,235 penalties (total of £10,288,750) have been issued in England during the period 1 January and 30 June 2014. The quarterly report can be viewed here.
      https://www.gov.uk/government/publications/illegal-working-penalties-quarterly-totals



      'Right to rent' pilot - update

      The 'right to rent' pilot has been rolled out in parts of the West Midlands, including Birmingham, Walsall, Sandwell, Dudley and Wolverhampton.

      Private landlords, letting agents and homeowners who let rooms will need to check the right of prospective tenants to be in the country to avoid potentially facing a penalty of up to £3,000.

      In the majority of cases, landlords will need to carry out simple checks without the need to contact the Home Office. However, in a limited number of cases, such as when the tenants do not have their documents due to an ongoing Home Office application, landlords can request a check using the 'right to rent' tool.

      There is also a helpline for landlords on 0300 069 9799.




      Tier 1 (Entrepreneur) - updated modernised guidance

      UK Visas and Immigration (UKVI) have updated their modernised guidance on how they consider applications in the Tier 1 (Entrepreneur) category of the points-based system (PBS). The revised guidance can be viewed here.



      EU migration

      The new president of the European Commission, Jean-Claude Juncker, has reportedly warned the UK not to treat EU migrants as criminals, as they are "earning their wages".

      During a debate on Austrian TV, My Juncker, said he wanted Britain to remain an active member of the EU but suggested that the effects of curbing free movement could have a negative impact on the City of London.

      http://www.bbc.co.uk/news/uk-politics-30456785



      Restricted certificate allocations (December 2014)

      The restricted certificates allocation for December 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).

      https://www.gov.uk/government/publications/employer-sponsorship-restricted-certificate-allocations




      Permit-free art or Music Festivals

      UK Visas and Immigration (UKVI) have published guidance on how individuals who are hosting festivals can apply to get on the list of permit-free festivals. The guidance can be viewed here.

      General Immigration Matters


      Inspection of Nationality Casework

      The Independent Chief Inspector of Borders and Immigration, John Vine, has published his report on the inspection of nationality casework.

      The key findings were as follows:
      • There was a strong focus on providing good customer service in Nationality Casework.
      • The majority of applications were decided well within the service standard and the Nationality Team had received the Customer Service Excellence Accreditation.
      • The Nationality Checking Service, which allowed applicants to submit their applications at a number of local authorities throughout the UK, was working well.
      • The Nationality Casework were not scrutinising applications appropriately and caseworkers were not taking account of evidence of character in order to ensure the requirements of the British Nationality Act 1981 had been met.
      • British citizenship had been granted to applicants with very poor immigration histories.
      • Almost no other checks, apart from automated police and immigration checks were being conducted to establish the good character of applicants who had applied to be naturalised as a British Citizen.
      • Eligibility requirements in respect of referees were disregarded and played no part in the decision-making process.
      • There was also no evidence of any consideration being given to prosecuting applicants who had used deception to obtain British citizenship, other than in a small number of cases involving organised crime.
      The full report can be read here. The Home Office's response to the report can also be viewed here.




      Natualisation as a British Citizen: updated booklet (Form AN)

      Revisions have been made by UKVI to the booklet accompanying Form AN, which is the form used by those applying for citizenship by naturalisation if they are living in the UK. The updated booklet can be viewed here.




      Illegal migrants opening Bank Accounts

      New powers to stop illegal migrants from opening bank accounts were introduced on 12 December 2014, as part of the Immigration Act.

      Banks and building societies will be barred from opening a current account for immigration offenders who are on the anti-fraud CIFAS database.




        Recognising fraudulent identity documents

        UKVI have updated their guide on how to detect basic forgeries in identity documents when provided as proof of identity, nationality, status and employment in the UK.

        The updated guide can be viewed here.
        Inspection of overstayers

        The Chief Inspector of Borders and Immigration, John Vine has published his inspection report of how the Home Office handles the cases of individuals with no right to stay in the UK (overstayers).

        Since his previous inspection, the Home Office has signed a contract with Capita plc to review, and where possible close, the records of migrants in the Migration Refusal Pool (MRP) who had been refused further leave but who had not left the UK or were not known to do so. The Home Office had also restructured enforcement casework with a view to resolving outstanding cases and increasing the number of those who are removed.

        A further 223,600 records, predating December 2008, which had not previously been included within the MRP were identified at the start of the inspection. The scope of the inspection was therefore expanded to include the Home Office's management of these cases.

        The key findings were as follows:

        • Both Capita plc and the Home Office had made considerable efforts to manage this work. However, many of the expected financial benefits had not materialised.
        • Far fewer migrants had been persuaded to depart than anticipated. Of the 120,000 people whose cases were sent to Capita, less than 1% had left as a result of Capita's intervention.
        • There was a high level of inaccuracy in the classification of MRP records, with more than a quarter of departures in the sample being recorded incorrectly. Individuals had also been wrongly recorded as being immigration offenders, which could have led to them being stopped and delayed at the border.
        • Inefficiencies were found in every part of Removals Core Casework.
        • Workflow teams were not allocation cases optimally and cases were not being progressed as swiftly as possible.
        • A lack of management information also hampered managers from monitoring caseloads and case progression adequately.
        • There was a lack of coordination and cooperation within Immigration Enforcement, particularly between Removals Core Casework and Immigration Compliance & Enforcement Teams.
        • Case progression was being impeded by the lack of communication, absence of shared targets and inconsistent processes.
        The full report can be viewed here. The Home Office's response to this report can also be viewed here.





        2015 Allocations for Tier 5 Youth Mobility

        An updated list of the countries and territories participating in the Youth Mobility Scheme and annual allocations of places for 2015 can be viewed here.

        Applications for Settlement: returning residents

        UK Visas and Immigration (UKVI) have updated their guidance on settlement applications from returning residents in respect to who qualifies for this.

        The updated guidance an 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 0844 335 1619 or by email at enquiries@veristat.co.uk



        Online Right to Work Learning and Assessment


        We have also now set up an online review of employer right to work checks with a self-assessment. The package is priced at £39 plus VAT and provides a comprehensive introduction to UKVI's requirements for checking employees' right to work and 20 randomly selected questions from a bank of over 100 to enable you to test your learning. It is suitable for both small and large employers, with reductions for higher numbers of users and the potential to incorporate onto your own online learning platform.

        Contact helen@veristat.co.uk or call 0844 335 1619 for further information.



        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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