Wednesday, 6 May 2015

Immigration News: May 2015


Changes to Immigration Rules (All Tiers and Categories)


From 6th April, the Home Office has introduced significant changes, which affect all Tiers under the Points-Based System and other applications for leave to enter/remain for more than 6 months.


English Language Requirements
The list of approved English language tests in Appendix O have been updated following the awards of new concessions to test providers. Changes have also been made to ensure that English Language tests taken for immigration purposes are taken at approved test centres. Appendix O can be downloaded here.


NHS Health Surcharge
From 6th April, migrants from outside the EU, coming to the UK for longer than 6 months will be required to pay a "health surcharge"; giving them access to NHS healthcare during their stay in the UK. Applicants, already in the UK, making applications for further leave to remain, will also have to pay this fee.


TB Screening
The Immigration Rules in relation to TB screening have been amended to incorporate compulsory screening for active pulmonary tuberculosis for migrants listed in Appendix T of the Rules coming to the UK for 6 months or more. The updated Appendix T can be viewed here.


Biometric Residence Permits
Biometric Residence Permits are being rolled out for applicants for entry clearance of more than 6 months between March and July 2015. New rules are also being introduced for how fingerprints, facial images and biometric information are managed by UKVI. Further information can be viewed here.


Curtailment of Leave
From 6th April, anyone who has limited leave to remain may be asked by the Home Office to provide evidence and/or attend an interview, in order to demonstrate that they continue to meet the requirements of the Immigration Rules. Failure to comply with this or provide sufficient evidence may lead to curtailment of leave.

You can view the full Statement of Changes here.

Other changes introduced for specific categories can be viewed below.



Education


Changes to Immigration Rules (Studying in the UK)

From 6th April, the Home Office has introduced significant changes, which affect all Tiers under the Points-Based System and other applications for leave to enter/remain for more than 6 months.

The key changes for studying in the UK are as follows:
  • The number of immigration categories requiring Academic Technology Approval Scheme (ATAS) clearance, for studying a course or for a period of research, has increased.
  • Applications for the Doctorate Extension Scheme (DES) made on or after 6 April will not require fresh clearance if they already have an ATAS certificate.
  • The student visitor and extended student visitor routes have been rebranded as 'short term' study routes.
  • The "parent of a child at school" route has been rebranded as "parent of a Tier 4 (Child) student".
The latest guidance to educators on how to apply for a Tier 4 sponsor licence and how to sponsor a student under Tier 4 of the points-based system can be viewed here.

Appendix C, which explains the maintenance requirements for Tier 4 of the points-based system, has also been updated and can be viewed here.

You can view the full Statement of Changes here.





Guidance for Tier 4 dependants

UKVI have published revised policy guidance for dependant family members of people who have, or are applying for, Tier 4 visas.

Further information and guidance can be viewed here.

Working in the UK


Changes to Immigration Rules (Working in the UK)

From 6th April, the Home Office has introduced significant changes, which affect all Tiers under the Points-Based System and other applications for leave to enter/remain for more than 6 months.

The key changes for working in the UK are as follows:

Tier 1 -
  • Closure of the Tier 1 (General) category for extension applications and restrictions added on Tier 1 (General) migrants switching into the Tier 1 (Entrepreneur) category.
  • Introduction of a requirement for prospective Tier 1 (Investor) Migrants to open a UK-regulated investment account before making an initial application. 
  • The minimum age of Tier 1 (Investor) applicants is also being increased from 16 to 18.
  • Tier 1 (Investor) applicants will no longer need to invest additional capital if they sell part of their investments at a loss, but they will be required to maintain all their capital within their investment portfolios.
The revised Tier 1 (Investor) guidance can be viewed here.
  • Introduction of a "genuine entrepreneur" test for Tier 1 (Entrepreneur) extension and indefinite leave to remain applications.
  • Initial Tier 1 (Entrepreneur) applicants will also now be required to submit a business plan.
The revised Tier 1 (Entrepreneur) policy guidance can be viewed here.


Tier 2 -
  • Following a partial review by the Migration Advisory Committee, the Shortage Occupation List in Tier 2 of the Points-Based System has been amended. The Shortage Occupation List can be downloaded here and Appendix K of the Immigration Rules can be viewed here.
  • Introduction of scheduled annual updates to minimum salary thresholds and appropriate salary rates for occupations for Tier 2. Appendix J of the Immigration Rules has subsequently been updated and can be viewed here.
  • The number of places available at the start of the Tier 2 (General) limit year is being increased from 1,725 to 2,550. However, the overall size of the limit (20,700 places per year) remains unchanged.
  • The 12 month "cooling off period", which prevents applicants from being granted Tier 2 leave if they had previous Tier 2 leave within the previous 12 months, will no longer apply to previous grants of Tier 2 of 3 months or less.
Tier 5 -
  • An amendment has been made to the description of the "BOND Business Internships" scheme administered by the British Council to clarify that this work experience scheme is specifically aimed at building mutual links and connectivity between the UK and overseas partners in areas of industrial and technological innovation and cooperation.
  • Caseworkers must now be satisfied that contracts for overseas diplomatic workers meet employment laws and that workers will be paid in accordance with the National Minimum Wage Regulations, in leave to enter and remain applications.
  • A change has been made to prevent employers from using an exemption in the National Minimum Wage Regulations that was designed for au pairs.
Tiers 1, 2 and 5 -
  • Revisions have also been made by UKVI to the Immigration Rules (Appendix C), which explains the maintenance requirements for Tiers 1, 2 & 5. The updated Appendix C can be viewed here.
  • In relation to settlement applications from Tier 1 and Tier 2 migrants, a change is being made to discount any absences from the UK from counting towards the 180 day limit, where the absences were due to the applicant assisting with the Ebola crisis. The updated modernised guidance can be viewed here.
You can view the full Statement of Changes here.




Guidance for employers: sponsoring Tier 2 and 5 workers

UKVI have updated their policy guidance for employers on sponsoring Tier 2 or 5 workers.

The key changes are as follows:
  • Salary thresholds have increased, as follows: Tier 2 (now £20,800), Short term ICTs (now £24,800), Long term ICTs (now £41,500), Jobcentre+ advertising exemption (now £72,500) and high earners (now £155,300).
  • UKVI will reject applications where the applicant does not have a level 1 user who is an employee.
  • UKVI may revoke a sponsor's licence if they find evidence that they are unable or unwilling to continue to meet their sponsor's duties, or if they have evidence of immigration abuse.
  • A change is being made to apply a condition on all adult temporary migrants, prohibiting them from undertaking studies in a discipline listed in appendix 6 of the Immigration Rules without first obtaining an Academic Technology Approval Scheme (ATAS) clearance certificate.
  • When assigning a CoS for a Tier 5 Religious worker, the sponsor must explain how they met the resident labour market test. This addition is that the sponsor may also provide this evidence in a covering letter to be submitted by the visa applicant at the time of application.
The updated policy guidance can be viewed here.

The 'Codes of Practice' that employers must follow if they want to sponsor skilled workers have also been updated and can be viewed here.

https://www.gov.uk/government/publications/sponsor-a-tier-2-or-5-worker-guidance-for-employers



Croatian nationals working in the UK

Revised guidance has been published by UKVI for Croatian nationals on obtaining permission to work in the UK. The updated guidance, to be used from 6 April 2015, can be downloaded here.



Right to Work checks: Biometric Residence Permits

Due to the recent changes of the Immigration Rules to Biometric Residence Permits, UKVI have made revisions to their guide for employers on how they should check whether prospective staff are allowed to work in the UK.

The updated leaflet can be viewed here.

https://www.gov.uk/government/publications/biometric-residence-permits-applicant-and-sponsor-information

https://www.gov.uk/government/news/changes-to-biometric-collection-categories



Restricted certificate allocations (April 2015)

The restricted certificates allocation for April 2015 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


Guidance for Tiers 1, 2 and 5 dependants

UKVI have published revised policy guidance for dependant family members of people who have, or are applying for, Tier 1, 2 or 5 visas.

Further information and guidance can be viewed here.



General Immigration Matters

Changes to Immigration Rules (Other)

From 6th April, the Home Office has introduced significant changes, which affect all Tiers under the Points-Based System and other applications for leave to enter/remain for more than 6 months.

Other key changes are as follows:

Visitors -
  • The 15 visitor routes have been streamlined down to 4: visitor (standard); visitor for marriage or civil partnership; visitor for permitted paid engagements and transit visitor. A single set of Rules for visitors has subsequently been published and can be viewed here.
  • Enable UAE, Bahraini, Kuwaiti, Qatari and Omani diplomatic and special passport holders and Turkish diplomatic passport holders to travel visa free to the UK for the purpose of "visit in transit".
The 'Immigration Rules for Visitors' Appendix V, has subsequently been updated and can be viewed here.

Family and private life -
  • Clarification of the approach to allow extant leave (up to 28 days) to be added to the period of leave in applications on the basis of family and private life.
  • Under the 10-year partner, parent and private life routes, those applicants in the UK who were previously granted temporary admission or temporary release will now be granted 'leave to enter' rather than 'leave to remain', if they meet the relevant requirements.
Appendix FM has subsequently been amended and the updated version can be viewed here.

Criminal Records -
  • Amendments made enabling applications for entry to be refused if, where requested, a person fails to provide an overseas criminal record certificate.
Knowledge of Language and Life -
  • Appendix KoLL (Knowledge of Language and Life in the UK) has also been updated and can be viewed here.
You can view the full Statement of Changes here.




Exit checks on passengers leaving the UK

From 8th April 2015, the Home Office will be collecting information on passengers leaving the UK, as well as those entering. Further information about why exit checks are being reintroduced and how the process will work can be viewed here.



Veristat Services



Audits and Inspections


Veristat has been providing audits/inspections of compliance for Tier 2/5 and Tier 4 for the past 6 years. In the education sector, we have worked with schools, colleges and over 20 universities; we have also worked with numerous employers, including well-known brands, on Tier 2/5 and "right to work" requirements. We are now also operating in association with John Vine, formerly the first Independent Chief Inspector of Borders and Immigration.

Our audit/inspection service is fully flexible and can be tailored to individual requirements. And our approach is based on sound practical experience of the reality of the UKVI system.

- For education providers our service ranges from a "lite" health-check to a comprehensive review of Tier 4 activities, identifying compliance - or otherwise - with UKVI requirements, as well as any omissions or areas which can be improved. Alternatively, it can comprise inspection of a specific issue, such as visa refusals, or relationships with partner institutions.
- For employers, we offer inspections of Tier 2 compliance in whatever level of detail is required, as well as on-site inspections (which can be announced or unannounced to simulate a UKVI visit) of compliance with "right to work" checks and requirements.

Our audit/inspection service is fully flexible and can be tailored to individual requirements. And our approach is based on sound practical experience of the reality of the UKVI system.

On completion, we provide a comprehensive, evidence-based report together with an assessment of how well the institution or business is prepared to withstand scrutiny by UK Visas and Immigration. We will support the introduction of change if required and offer a 'spot check' follow up service at a later date to reassure management that recommendations have been implemented.

Contact us today to talk over any issues or concerns you have, confidentially and without obligation.
T: 0844 368 1619
E: don@veristat.co.uk
W: www.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 under £600 regardless of the number of people attending so that the charge per person will generally be less than £100 without them having to spend the day away from the office.

We also offer an online review of employer right to work checks with a self-assessment.

If you think your organisation would benefit from training in any 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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