Thursday, 5 May 2016

Immigration News: May 2016





Studying in the UK


Studying under Tier 4 of the Points-based system: updated modernised guidance

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

The following changes have been made:
  • The maintenance requirement for Tier 4 (General) students applying for leave to remain as a student sabbatical officer or as a postgraduate doctor or dentist on a recognised foundation programme has been lowered, so that it is in line with students applying for leave to remain through the doctorate extensions scheme.
  • Those applying under Tier 4 (General) to undertake a short-term study abroad programme in the UK as part of their course at an overseas higher education institution (HEI) in the USA (which UK NARIC confirms leads to a qualification of at least equivalent to a UK bachelor's degree) are exempt from the English Language requirement.
  • Tier 4 students who are studying at an institution with a Tier 4 licence which becomes an academy or school maintained by a local authority are permitted to complete their current course of study but may not commence a new course at that institution.
  • Students who wish to extend their leave at the same academic level must be studying at degree level or above.
  • Information on which students can change courses without getting permission from the Home Office has been changed.
  • Clarification of which students require an Academic Technology Approval Scheme (ATAS) Clearance Certificate.
The updated modernised guidance for Tier 4 can be viewed here.



Short-term students: updated modernised guidance

UKVI have published revised modernised guidance for how they consider applications from short-term students for entry clearance or leave to enter.

The following changes have been made:

  • Clarification that short-term students must be genuinely seeking to study in the UK (Page 5).
  • Students retaking a module can also apply for a short-term student visa (Page 10).
The updated modernised guidance for short-term students can be viewed here. 


Applying for a UK visa: approved English Language tests (Studying in the UK)

UKVI have published a revised list of tests and test centres approved to show that applicants have the required level of English for their visa.

The updated list can be downloaded here.

https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests




Curtailment of 30,000 student visas each year

The BBC has reported that they have obtained figures indicating that 30,000 non-EU students a year have had their visas curtailed by the Home Office during the past three years. 410 education establishments have also had their licenses to sponsor international students revoked in the same period.

The National Union of Students argued that these figures show that international students are being "scapegoated" in order to meet government targets on net migration.

Further information can be viewed here.

http://www.bbc.co.uk/news/education-36054748




Formal inquiry into revocation of Tier 4 visas

There is to be a formal inquiry into the forced removal of international students from the UK following the revocation of their Tier 4 visas in the wake of the English Language scam uncovered by BBC Panorama in February 2014.

Keith Vaz, chair of the Home Affairs Committee, has expressed dissatisfaction with the explanations from the Home Office representatives about its treatment of international students and announced a formal inquiry into the Home Office's response to the cheating scandal.

Further information can be viewed here.

https://www.timeshighereducation.com/student/news/treatment-international-students-uk-be-investigated-formal-inquiry

http://thepienews.com/news/uk-to-investigate-deportation-of-50k-international-students/




Working in the UK

Tier 2 and 5: updated guidance for sponsors

UKVI have updated their guidance for employers on applying for a Tier 2 or Tier 5 sponsor licence and how to sponsor a migrant worker.

The key changes are as follows:

  • Overseas trained nurses must gain professional registration with the Nursing and Midwifery Council (NMC).
  • The scoring system for civil penalties issued to private landlords under the right to work check has been updated.
  • Notification of the new pre licence error correction process for licence refusals.
  • When assigning a Certificate of Sponsorship (CoS) to someone qualifying for a post at NQF Level 3 or 4 a sponsor note must be added to explain how they meet the exception criteria.
  • Clarification of allowances that can be paid to migrant workers.
  • Sponsors are reminded that non-visa national migrants using the Tier 5 concession will be subject to General Grounds for Refusal. This means that there may be reasons (such as previous conduct) that may lead to entry to the UK being refused at port.
  • Specifies the steps that should be taken to ensure a non-EU and/or EEA trained nurse granted Tier 2 (General) leave on the basis they intended to complete an overseas nursing programme (ONP).
  • Inclusion of International EU agreements with Ukraine, Georgia and Moldova in relation to Tier 5 (Temporary Worker) category.
The updated guidance can be downloaded here. This guidance is for use on or after 6 April 2016.


Pulling power: Why are EU citizens migrating to the UK? - Commentary by The Migration Observatory at the University of Oxford (Working in the UK)

The Migration Observatory at the University of Oxford has published a commentary on the reasons for the sharp increase in migration from Europe to the UK during the past 15 years.

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

  • In the year ending September 2015, a majority (71%) of EU citizens coming to the UK for at least one year reported that they were coming for work. For the same period, 58% of EU citizens coming to the UK already had a job.
  • Economic conditions in some EU origin countries are also likely to have contributed to the relative attractiveness of the UK.
  • The top 6 countries of origin for EU migrants living in the UK between 2011 and 2015 were Poland, Romania, Spain, Italy, Hungary and Portugal.
  • Record high employment rates and low unemployment in the UK contrast with continued weak labour conditions in some Eurozone countries, such as Spain, where unemployment in 2014 was still well above 20%.
  • The UK's flexible labour market is thought to have contributed to the relative ease with which migrant workers were able to find jobs in the UK, particularly when compared with countries with stricter labour market regulations.
  • The wage gaps between the EU countries are also considered an important factor driving migration. Incomes in the UK are considerably higher than in many other EU countries, particularly those in Eastern Europe, e.g. Poland and Romania.
  • The demand for migration following the opening of the UK labour market for the first time to Romania and Bulgarian nationals may not persist in the long term.
The full commentary can be viewed here.




Landlords right to rent checks: updated guidance

UKVI has updated their guidance for landlords, homeowners and letting agents to help them carry out 'right to rent' checks.

The updated guidance can be viewed here. 





Tier 2 and 5 Sponsorship Applications: Pre Licence error correction form

UKVI have published a pre-licence error correction form, which should be used to apply for a review of a refuused application due to a caseworker error or failure to consider a piece of evidence.

The pre-licence error correction form can be downloaded here.





Applying for a UK visas: approved English Language tests (Working in the UK)

UKVI have published a revised list of tests and test centres approved to show that applicants have the required level of English for their visa.
The updated list can be downloaded here.





European workers in the UK

The Social Market Foundation, in partnership with Adecco Group UK & Ireland, has published a report exploring the role of European employees in the UK economy.

The key points of this analysis are as follows:

  • There is a significant reliance on EEA workers by UK employers - making up approximately 6% (1.6 million) of all employees.
  • Employers in London, the east of England, the East Midlands and the South East were particularly reliant on European employees, as were those in Northern Ireland. In London, 1 in 8 of total employees were from the EEA.
  • EEA employees are particularly prevalent in specific sectors, such as manufacturing; and accommodation and food services.
  • EEA employees are on average more highly educated than UK-born employees.
  • EEA employees represent a higher proportion of workers in lower occupations such as elementary and process, plant and machine operatives. However, they also represent 5% of all employees amongst high occupations, such as managers, directors, professionals and associate professionals.
  • In sectors such as financial services and insurance; information and communication; and professional and technical activities, a majority of the jobs occupied by EEA employees were in the highest three of the nine occupational bands, such as 'Managers, Directors and Senior Officials', 'Professional Occupations' and 'Associate Professional and Technical Occupations'.
  • In sectors such as accommodation and food service; transport and storage; and admin and support, a large proportion of employees occupy one of the lower six occupations.
The full report can be downloaded here. 


Restricted certificate allocations (April 2016)

The restricted certificates allocation for April 2016 published by UKVI can be viewed here. 

 These 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 have been successful than in recent months. There are 2,483 CoS available for allocation in May 2016.




Tier 5 government authorised exchange schemes

UKVI have updated the details and contacts for Tier 5 government authorised exchange schemes.

 The updated list can be downloaded here.





General Immigration Matters

Indefinite leave to remain: calculating continuous period in UK

UKVI have updated their guidance on calculating the five-year continuous period in the UK requirement for those applying for indefinite leave to remain (settlement).

The guidance on treatment of the period between the issue of entry clearance and entering the UK has been updated.

The revised guidance can be viewed here.



Settle in the UK as the partner of a person who is in the UK and settled here: form SET (M)

UKVI have published an updated form to be used by those applying for indefinite leave to remain (settlement) in the UK as the partner of a person who is in the UK and settled here.

The updated form SET (M) can be downloaded here. 




Pulling power: Why are EU citizens migrating to the UK? - Commentary by The Migration Observatory at the University of Oxford (Other)

The Migration Observatory at the University of Oxford has published a commentary on the reasons for the sharp increase in migration from Europe to the UK during the past 15 years.

Other key points were as follows:
  • There is no single "pull" factor that attracts migrants from the EU to the UK, but it appears to be a combination of economic and social factors, which has made the UK an attractive destination.
  • EU migrants are more likely to be claiming in-work benefits, such as tax credits - supplementing the incomes of low-wage families - than claiming out-of-work benefits.
  • Families that included at least one EU national made up 6.8% of those receiving tax credits in March 2013.
  • The ubiquity of English as a global language of communication means that many prospective migrants already speak some English, while others value the opportunity to learn it.
  • Demographics in origin countries may also have contributed to the increase, as the size of the youth population - the age group that is most likely to migrate - is shrinking in the top countries of origin for EU migration to the UK.

The full commentary can be viewed here.




Applying for a UK visa: approved English Language tests (Studying in the UK)

UKVI have published a revised list of tests and test centres approved to show that applicants have the required level of English for their visa.

The updated list can be downloaded here.

https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests


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 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


Support for migrant projects


Veristat is supporting MIGFUNDER, a crowdfunding platform dedicated solely to migration, refugee and human rights projects worldwode. Please see www.migfunder.com and share with your colleagues and networks.

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