Friday, 4 December 2015

Immigration News: December 2015



Education


Tier 4 Sponsors: applying for a Tier 4 licence

UK Visas and Immigration (UKVI) have updated the guidance for educators on applying for a Tier 4 sponsor licence.

The following changes have been made to the guidance:
  • Information has been added (Para. 8.8) to make clear that UKVI Compliance Officers may take photographs of any site from which a sponsor operates during a compliance visit.
  • Information has been added (Para. 9.6(g) - 9.6(h)) to explain that UKVI will refuse a sponsor licence to an institution, which has had a Tier 2 or 5 licence revoked in the last two years.
You can view the guidance here. 

 UKVI have also updated the list of documents that educators must provide with an application for a Tier 4 sponsor licence. The revised list can be viewed here.



Tier 4 - guidance for applicants

UK Visas and Immigration (UKVI) have updated their guidance for applicants applying for leave to enter or remain under Tier 4 of the points-based system.

The following key changes have been made to the guidance:
  • Where the sponsor is an HEI and has chosen exceptionally to assign a CAS to an applicant who wishes to extend their leave to study a second course, the HEI must justify its decision by explaining its rationale on the new CAS.
  • Information has been added on the circumstances in which a student is not required to show academic progression.
  • Information has been added to clarify the academic progression requirements for student sabbatical officers and A-level students.
  • The maximum period permitted for study below degree level has been reduced to two years.
  • Information has been added on the circumstances in which a Tier 4 (General) student an switch into the Tier 4 (Child) route.
You can view the guidance here. This guidance is for those persons applying on or after 14 November 2015.

Guidance for creating a CAS (SMS guide 4a)

The step-by-step guide for educators to create a confirmation of acceptance for studies (CAS) has been updated by UKVI. SMS guide 4a can be viewed here.

Tier 4 changes - joint press release

A joint press release has been published by Study UK, UKCISA, English UK, EdExUK and BAISIS stating that recent changes to Tier 4 visas will deny many fee-paying international students the opportunity to extend their stay for a higher level course or work experience.

The joint press release can be downloaded from the BAISIS website here.

Migration Statistics Quarterly Report, November 2015 (Studying in the UK)

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

The key points in relation to studying in the UK are as follows:

  • Long-term immigration for study increased from 175,000 to 192,000 in YE June 2015 (not statistically significant).
  • In YE June 2015, visa applications to study at a UK university (non-EU, main applicants) increased by 0.2% to 167,425.
  • IPS estimates show that 71% (131,000) of long-term migrants to the UK for study are non-EU citizens.
  • There were 213,560 visas granted for the purposes of study (excluding the "short-term student" category, previously called "student visitors") in YE September 2015, a 4% decrease compared with the previous year.
  • The largest number of study visas granted was for nationals from China (70,332), US (14,250) and India (11,652).
  • There was an increase in study visas granted (excluding "short-term students") for Chinese (+6,026; +9%) and Indonesian (+261; +11%) nationals compared to the previous period.
  • There were lower numbers of study visas granted (excluding "short-term students") from Brazilian (-3,033; -56%), Libyan (-1,935; -51%) and Pakistani (-1,895; -39%) nationals.
  • The total number of study visas granted (main applicants, excluding "short-term student" category) fell 4% in YE September 2015 (204,157), compared to the previous 12 months (211,793).

The full report can be downloaded here.

PBS dependants: updated guidance (Tier 4)

The policy guidance for dependants of applicants under the points-base system have been updated by UKVI. This reflects the changes to the maintenance requirements for Tier 4 (General) family members.

The revised guidance can be viewed here.

Working in the UK


Applying for a Tier 2 or 5 sponsor licence

UKVI have published revised guidance to employers on applying for a Tier 2 or 5 sponsor licence and how to sponsor an employee.

The key rule changes are as follows:
  • From 19 November 2015, action may be taken against sponsors that have any civil penalty imposed, extending the previous actions against sponsors where the maximum civil penalty was imposed, and the cooling off period is 12 months before another application will be considered.
  • There is a new requirement for a DBS check on all workers who are working with children.
  • Information has been added on the additional criteria that sponsors and migrants must meet for the new digital technology shortage occupation.
  • From 9 November 2015, sponsors must keep references as evidence of the migrant's previous experience, if they are appointed on the basis of this experience.
  • Sponsors must inform UKVI if they assign a CoS to someone who is a family member of someone in the sponsor organisation if they are a small or medium sized business or if they are aware of a family relationship within a large organisation.
  • From 12 November 2015, there are more restrictions on Tier 4 migrants being able to switch into Tier 2 (General) employment without leaving the UK.
The updated guidance for sponsors can be viewed here.

The list of documents, that employers must provide when making a Tier 2 or 5 sponsor licence application, has been updated by UKVI and can be viewed here.



Migration Statistics Quarterly Report, November 2015 (Working in the UK)

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

The key points in relation to working in the UK are as follows:

  • 294,000 people immigrated for work in YE June 2015, a statistically significant increase of 53,000 from 241,000 in YE June 2014. There has been a continuing upward trend since March 2013.
  • 64% (187,000) of people migrating for work in YE June 2015 had a definite job to go to.
  • 162,000 of those coming for work-related reasons were from the EU.
  • There was a statistically significant increase (+19,000) in the number of Romanian and Bulgarian citizens who migrated to the UK in YE June 2015 (50,000) compared to YE June 2014 (31,000).
  • 42,000 (84%) of Romanian and Bulgarian citizens who migrated to the UK in YE June 2015 came for work-related reasons.
  • Non-EU nationals in employment remained broadly similar at 1.2 million, and the total number of British nationals in employment increased by 122,000 to 28.1 million.
  • Foreign nationals accounted for three-quarters of the growth in employment over the last year.
  • There was a 6% increase in the number of work-related visas granted for non-EU nationals (main applicants) to 122,909 in YE September 2015. This included a 4,105 (8%) increase to 54,174 for skilled work (Tier 2).

The full report can be downloaded here.



Government visa cap for skilled non-EU workers - CISI survey

The Chartered Institute for Securities & Investment (CISI) has conducted a survey on the impact of UK government measures to cap visas for skilled non-EU workers.

73% of respondents agreed that the Government initiative to cap visas for non-EU workers would affect the long-term UK economy and the financial industry's efforts to employ the best global talent.

Further information can be viewed here.
Right to Work: 3-step guide

UKVI have published a 3-step guide to checking and keeping a record of employee's documents. The guide can be viewed here.

https://www.gov.uk/government/publications/carry-out-a-right-to-work-check




Migrants in the UK Labour Market - briefing by The Migration Observatory

The Migration Observatory published its briefing on migrants in the UK labour market on 9th November 2015.

The key findings were as follows:
  • The number of foreign-born people of working age in the UK increased from 2.9 million in 1993 to 6.6 million in 2014.
  • The share of foreign-born people in total employment increased from 7.2% in 1993 to 16.7% in 2014.
  • The share of foreign citizens in total employment increased from 3.5% in 1993 to 10.5% in 2014.
  • The presence of foreign-born workers has grown fastest in relatively low-skilled sectors and occupations.
  • In 2014, 36% of all foreign-born workers working as employees and 48% of self-employed foreign-born workers lived in London.
The full briefing can be viewed here.





Call for evidence: nurses on shortage occupation list

The Migration Advisory Committee (MAC) issued a call for evidence on 3 November 2015, in relation to the inclusion of nurses on the shortage occupation list. The closing date for responses is Thursday, 31 December 2015.






PBS dependants: updated guidance (Tier 2)

The policy guidance for dependants of applicants under the points-base system have been updated by UKVI. This reflects the changes to the maintenance requirements for Tier 2 family members.

The revised guidance can be viewed here.







Restricted Certificate allocations (November 2015)

The restricted certificates allocation for November 2015 published by UKVI can be viewed here. The figures show that all valid applications for restricted Certificates of Sponsorship (CoS) which scored at least 21 points were granted with carry-overs from the previous month(s) indicating that more applications with lower salary levels had been successful than in recent months.


Tier 1 (Entrepreneur) - updated application form

The application form used by applicants to extend their existing visa under Tier 1 (Entrepreneur) category or to switch into it from another immigration category has been updated by UKVI. The revised application form can be viewed here.

https://www.gov.uk/government/publications/application-extend-your-stay-in-the-uk-as-a-tier-1-entrepreneur





Extension of Stay Applications from Tier 1 or 5 dependants

An updated form has been published by UKVI for dependants of Tier 1 or Tier 5 migrants applying to extend their stay in the UK. The updated application form can be downloaded here.





General Immigration Matters


Migration Statistics Quarterly Report, November 2015 (Other)

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

Other key points were as follows:
  • Net long-term international migration in the year ending June 2015 increased by 82,000 to 336,000, compared the year ending June 2014.
  • The net migration figure was a statistically significant increase from 254,000 in YE June 2014 and remains the highest net migration on record.
  • There was a statistically significant increase in net migration of EU citizens to 180,000 (+42,000 from YE June 2014).
  • There were 29,024 asylum applications (main applicants) in YE September 2015, an increase of 19% compared with previous 12 months (24,324).
  • The largest number of asylum applications came from nationals of Eritrea (3,726), Sudan (2,842), Iran (2,407) and Syria (2,402).
The full report can be downloaded here.





Application to register as a British citizen

UKVI have published updated guidance for those registering as a British citizen if they are a British overseas territories citizen, a British Overseas citizen, a British protected person, a British subject or a British National (Overseas).

This revised guidance can be viewed here.




Application to naturalise as a British citizen

Booklet AN, which provides more specific information about the requirements of those applying for British citizenship by naturalisation, has been updated by UKVI.

The guidance can be viewed here.






Veristat Services



Tier 4 the Inspector Calls - an afternoon with John Vine


Following the high level of demand for our seminar in October and requests for an afternoon session, we are holding a further Tier 4 event on 13th January 2016.

The seminar will provide a unique insight into John's experiences and findings on UKVI's operation of Tier 4. Don Ingham, Director and Founder of Veristat Ltd, will also be speaking on preparing for a UKVI compliance visit under Tier 4.

For further information or to book a place, please email Helen Stewart-Mills at helen@veristat.co.uk




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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