Thursday, 3 September 2015

Immigration News: September 2015


Education


Quarterly Migration Statistics, August 2015 (Studying in the UK)

The Office for National Statistics (ONS) has published its Migration Statistics Quarterly Report, August 2015.

The key points in relation to studying in the UK were as follows:
  • Long-term immigration for study increased from 176,000 to 188,0000 in the year ending March 2015.
  • Visa applications to study at a UK university (main applicants) increased to 166,481 in the year ending March 2015.
  • 216,769 (excluding student visitors) of the 583,663 visas granted (excluding visitors and transit visitors) to non-EEA nationals during the year ending June 2015 were study-related.
  • In the year ending June 2015, there were 64,181 student visitor visas granted to non-EEA nationals.
  • The top 5 nationalities accounted for 53% of all study visas granted in the year ending June 2015, with the largest number going to Chinese nationals (68,294 or 32% of the total).
  • In the year ending June 2015, there were higher numbers of study visas granted (excluding student visitors) for Chinese (+6,802; +11%) and Malaysian (+690; +7%) nationals. However, there were fewer Bangladeshi (-1,671; -52%), Indian (-1,251; -10%) and Pakistani (-981; -21%) nationals.
  • The total number of study-related sponsored visa applications (main applicants, excluding student visitors) fell 1% in the year ending June 2015 (204,527) compared to the previous 12 months (206,722).
  • In the year ending June 2015, visa applications to study at UK university (main applicants) rose 0.2% to 167,426. There was also an increase in the independent schools sector (to 13,797, +5%). However, there were falls in the further education sector (to 17,172, -13%) and English Language schools (to 3,245, -1%).
The full report can be downloaded here.




Guidance for educators on sponsoring Tier 4 students

UKVI have updated their guidance on how to apply for a Tier 4 sponsor licence and how to sponsor students.

The key changes in relation to applying for a Tier 4 licence are as follows:
  • Information has been added clarifying that academies and schools maintained by local authorities cannot hold a Tier 4 licence or sponsor students under Tier 4.
  • Information on the Tier 4 (Child) licence has been changed. New Tier 4 (Child) students may only be educated at independent schools.
  • 'Table 3 - Teaching partnerships' has been amended to clarify which institution must sponsor students when teaching is shared equally between partners.
  • Information has been added to clarify the requirements when a sponsor applies to add a site, teaching partnership or exceptional arrangement to its sponsor licence.
  • Information has been added to clarify when UKVI will refuse a sponsor licence application where a previous licence has been surrendered.
The key changes in relation to sponsorship duties are as follows:
  • Information has been added clarifying the definition of full-time courses.
  • Further examples have been added to clarify the definition of pre-sessional courses.
  • Information has been added to clarify the CAS requirements for postgraduate doctors and dentists undertaking recognised foundation programmes.
  • The section on academic progression has been re-drafted to reflect changes to the Immigration Rules.
  • A new section has been added on how UKVI calculates time counted towards Tier 4 time limits.
  • Information on the period of leave to be granted before a course starts has been changed.
  • Information in the work rights table has been changed. New students at publicly funded education colleges will be prohibited from working.
The revised guidance can be downloaded here.

UKVI have also updated their guidance for Tier 4 applicants, which can be downloaded here.




Student arrival guide on UK passport control

UKVI have revised their guidance for helping students through UK passport control when they arrive at the UK Border.

The updated guide can be viewed here.

Updated guidance for sponsors on creating a CAS

UKVI have revised their step-by-step guide for sponsors on creating a Confirmation of Acceptance for Studies (CAS) in view of the recent rule changes.

The revised guidance can be viewed here.


Working in the UK


Quarterly Migration Statistics, August 2015 (Working in the UK)

The Office for National Statistics (ONS) has published its Migration Statistics Quarterly Report, August 2015.

The key points in relation to working in the UK are as follows:
  • 290,000 people migrated for work in the year ending March 2015, a statistically significant increase of 65,000 from 225,000 in the year ending March 2014. This is a continuing upward trend.
  • There were statistically significant increases of migration for work for both EU citizens (from 134,000 to 162,000 in Y.E. March 2015) and non-EU citizens (from 48,000 to 64,000).
  • 61% of EU citizens migrating for work had a definite job to go to, whereas 39% were intending to look for a job.
  • Latest employment statistics show estimated employment of EU nationals (excluding British) living in the UK was 250,000 higher in April to June 2015 compared with the same quarter in the previous year. Non-EU nationals in employment had also increased by 7,000 compared to the previous year.
  • In the year ending June 2015, work-related grants (main applicants) increased by 8,862 (or 8%) to 121,964, including a 5,177 (11%) increase for skilled work (Tier 2) visas.
  • 168,544 of the 583,663 visas granted (excluding visitors and transit visas) to non-EEA nationals during the year ending June 2015 were for work.
The full report can be downloaded here.





Review of Tier 2: analysis of salary thresholds

The Migration Advisory Committee (MAC) has published a report on its analysis of salary thresholds under Tier 2 of the points-based system.

The MAC was commissioned by the government to examine Tier 2 of the points-based system and this report forms part of their continued examination into this route. Tranche two of their examination will be completed by December.

The key points from their initial analysis is as follows:
  • There was not much evidence found of undercutting of resident workers in looking at the salary distribution for Tier 2 migrants compared to all skilled workers in the UK labour market. However, this is a tentative conclusion and they will be conducting further in-depth analysis of this.
  • Higher salary thresholds should reduce employer demand for skilled migrant labour and should reduce inflows of skilled migrants as well as their dependants under Tier 2.
  • Restricting Tier 2 inflows could also limit UK productivity growth because of the skill level of Tier 2 migrants.
  • The original principles used to set the minimum threshold of £20,800 were relevant when the skill requirement was NQF3 and above, but as the current skill requirement is NQF6 and above, this would imply a substantial rise in the salary threshold in the range of £31,000 (30th percentile) to £39,000 (the median).
  • The £41,500 threshold for long-term intra-company transfers still seems appropriate.
  • New entrants would be the most impacted by any increase in the minimum salary thresholds.
  • There are pressing issues arising from the recent hitting of the Tier 2 limit. Lower paid occupations are being affected the most, therefore the government may wish to consider looking at some professions, including some healthcare roles and graduate recruitment schemes, separately from the Tier 2 limit in order to address these issues in the short-term.
  • The proposal for a skills levy is bound up with the question around raising salary thresholds. Both would increase the cost for employers to hire skilled migrants from outside the EEA and most likely result in a decline in the use of migrant workers. They will be addressing the skills levy in the second part of their review, so it is too early to advise fully on salary thresholds at this stage.
  • Their conclusion was that they preferred occupation specific thresholds, based on the nth percentile for each occupation, rather than flat thresholds, which apply across all occupations.
The report suggested that further work is needed to consider the impact of the Tier 2 (General) monthly limit being reached in June and July.

The full report and press release can be downloaded here.




Tier 1 (Entrepreneurs)

UKVI have made revisions to their modernised guidance for how they consider applications under the Tier 2 (Entrepreneur) category.

The updated modernised guidance can be viewed here.




Restricted certificate allocations (August 2015)

The restricted certificates allocation for August 2015 published by UKVI can be viewed here. The figures show that all valid applications for restricted CoS which score the minimum 36 points were granted with carry-overs from the previous month(s).



General Immigration Matters


Quarterly Migration Statistics, August 2015 (Other)

The Office for National Statistics (ONS) has published its Migration Statistics Quarterly Report, August 2015.

The net migration figure has significantly increased by 94,000 compared to the year ending March 2015, and is the highest net migration on record.

Other key points were as follows:
  • Net migration of EU citizens increased to 183,000 (+53,000) in the year ending March 2015.
  • The increase in non-EU net migration also increased to 196,000 (+39,000) and is a result of an increase in immigration and a decrease in emigration.
  • There was also a statistically significant increase for EU citizens (to 269,000, +56,000) in long-term international immigration - the highest recorded level for this group.
  • The increase in long-term international migration also included an increase for non-EU nationals (to 284,000; +23,000), although this was not statistically significant.
  • 53,000 Romanian and Bulgarian citizens migrated to the UK in the year ending March 2015 - this was statistically significant, as this figure has almost doubled since the previous 12 months.
  • There were 25,771 asylum applications (main applicants) in the year ending June 2015, an increase of 10% compared with the previous 12 months (23,515). However, the number of applications remains low relative to the peak number of applications in 2002 (84,132).
  • The largest number of applications for asylum came from nationals of Eritrea (3,568), followed by Pakistan (2,302) and Syria (2,204). A total of 11,600 people were granted asylum or an alternative form of protection.
  • In the year ending June 2015, there were 35,245 family-related visas granted to non-EEA nationals.
The full report can be downloaded here.



Biometric Residence Permits for visa customers coming to UK for longer than 6 months

There is a new requirement for visa holders coming to the UK for longer than 6 months, to obtain a biometric residence permit (BRP) on arrival.

The full guidance can be downloaded here.




Right of Abode

UKVI have updated their modernised guidance on Right of Abode in relation to ROA18 certificates of entitlement for dual nationals (para. 18).

The revised guidance can be viewed here.




Veristat Services



An Inspector Calls: A morning with John Vine


We are pleased to be supporting a seminar featuring John Vine, former Independent Chief Inspector of Borders and Immigration to be held on the morning of Tuesday 13th October 2015 in Central London.

The seminar will provide a unique insight into John's experiences and findings on UKVI's operation of Tier 4, including:
  • Principles and techniques of inspection
  • Findings on the processing and decision making by visa officers in relation to Tier 4 student applications drawn from key Entry Clearance posts around the World - customer service, timeliness, adherence to policies and guidance, and consistency of approach.
  • The Tier 4 Inspection report (2012) - efficiency and effectiveness of the Sponsor Licensing and Management Units, managing reporting notification, quality of decision-making.
  • Visa (credibility) Interviews - impact on refusal rates, quality of interviews and interviewing, equality and diversity.
  • An inspection of the Effectiveness of the Monitoring of Tier 4 Sponsor Licences (2015) - risk assessment and the selection of sponsors for a compliance visit, investigations into sponsors linked to ETS (Operation Firewall); reporting by compliance officers.
For further information, please email helen@veristat.co.uk or telephone 0844 335 1619. The cost is £60 per attendee. Places are limited, so if you would like to attend please let us know as soon as possible.



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 335 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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