Wednesday, 3 August 2016

Immigration News: August 2016



Studying in the UK


Guidance for Tier 4 sponsors: sponsorship duties

UK Visas and Immigration (UKVI) has published revised guidance for sponsors, which sets out the duties and requirements of education providers who sponsor international students under Tier 4 of the points based system.

The changes are as follows:
  • Changes have been made to reflect updates to the academic progression rule. (Para. 5.21-5.39)
  • Changes have been made to reflect an update to the temporary arrangement for students starting a new course with their existing HEI sponsor. (Para. 5.85)
The updated guidance on sponsorship duties can be viewed here.



Long-Term International Migration - Flows to and from the UK (Studying in the UK)

The Migration Observatory at the University of Oxford has published a briefing on long-term international migration inflows (immigration), outflows (emigration) and the difference between the two (net migration) in the UK.

The key findings about studying in the UK were as follows:

  • Formal study remains one of the most common reasons for migration to the UK.
  • In 2015, 167,000 people migrated to the UK for the purpose of study.

You can view the full briefing here. 

Non-EU Higher Education students: Impact on UK economy

The Migration Observatory at the University of Oxford has published a briefing looking at the impact of international students in the UK's higher education (HE) sector on the UK economy.

The key findings were as follows:

  • The number of non-EU students enrolled in higher education in the UK more than tripled between 1994-5 and 2014-15, from 98,000 to 312,000.
  • Chinese students have driven the growth in non-EU student enrolments since 2010, whilst the number of Indian students has decreased.
  • Non-EU students generated up to £7.2 billion per year in export revenues in the 2011-12 period, although estimates vary.
  • Tuition fee income from non-EU students has grown over the past decade and made up over 12.7% of the total income of UK HE providers in the 2014-15 academic year.
  • Limited available evidence suggests that non-EEA students are likely to make lower-than-average use of public services like health and education; there is less evidence on their impacts on transport congestion, the housing market and labour market.

You can view the full briefing here. 

Application for UK visa as a Tier 4 student: updated guidance

UKVI has published updated guidance for those applying to stay or come to the UK under Tier 4 (General) and Tier 4 (Child).


The updated guidance can be viewed here. 

Right to Work checks: an employer's guide

UKVI have published updated guidance for employers on conducting right to work checks.

The UK government has introduced new provisions in the Immigration Act 2006 to further prevent illegal working in the UK. This includes the creation of new offences of 'illegal working' and 'employing an illegal worker'.

Other key changes are as follows:

  • The maximum custodial sentence for an employer has increased from 2 to 5 years.
  • Illegal working will be a criminal offence, as migrants face a maximum custodial sentence of six months and/or an unlimited fine (England/Wales).
  • Wages paid to an illegal immigrant will be recoverable under the Proceeds of Crime Act 2002.
  • In certain circumstances, Immigration Officers will now have the power to close an organisation for up to 48 hours or place it under special compliance measures where the organisation is suspected of employing an illegal worker.
The updated guide for employers on conducting right to work checks can be viewed here. 

UKVI has also published factsheets on Labour Market enforcement and illegal working, which can be viewed and/or downloaded here.



Public sector workers: language requirement

A new provision of the Immigration Act 2016 is to ensure that all public sector workers in customer-facing roles can speak fluent English.

A statutory Code of Practice will be introduced six months after Royal Assent with the intention of supporting public sector employers in complying with this new duty, whilst ensuring minimal burden. The draft statutory Code of Practice can be read here.

The full ministerial statement can be read here.  




Long-Term International Migration - Flows to and from the UK (Working in the UK)

The Migration Observatory at the University of Oxford has published a briefing on long-term international migration inflows (immigration), outflows (emigration) and the difference between the two (net migration) in the UK.

The key findings about working in the UK were as follows:

  • Work remains the most common reason for migrating to the UK.
  • In 2015, 308,000 people migrated to the UK for work.
  • 28% of those who migrated for work had a definite job to come to, and a further 20% came to the UK looking for work.
  • Work related reasons were also the most common motive for leaving the UK (about 55% in 2015), with 33% of those leaving having a definite job abroad and 22% going abroad to look for work.

You can view the full briefing here. 




General Immigration Matters


Guidance on examining identity documents

UKVI has published updated guidance on how to detect basic forgeries in identity documents used as proof of nationality, status and employment in the UK.

The updated guidance can be viewed here. 



Long-Term International Migration - Flows to and from the UK (Other)

The Migration Observatory at the University of Oxford has published a briefing on long-term international migration inflows (immigration), outflows (emigration) and the difference between the two (net migration) in the UK.

Other key findings were as follows:

  • Net migration to the UK, the difference between immigration and emigration, was 333,000 in 2015 - an increase of 156,000 since 2012.
  • Inflows to the UK for 2015 were 630,000, comparable to the figure of 632,000 in 2014. There was a slight decrease in outflows from the UK, which were 297,000 in 2015, compared to 319,000 in 2014.
  • There has been continuous net emigration of British citizens since at least 1991. In 2015, about 39,000 more British citizens moved abroad than came to live in the UK.
  • In 2015, non-EU citizens accounted for 44% of all inflows to the UK (including inflows of British citizens). The share of EU citizens in total inflows increased from 22% in 2014 to 43% in 2015.

You can view the full briefing here. 



Status of EU nationals in the UK

A joint government statement has been published confirming that there has been no change to the rights and status of EU nationals in the UK, and UK nationals in the EU, as a result of the recent referendum.


Applying for a UK visa: approved English language tests

UKVI have updated the list of tests and test centres approved by them to show that applicants have the required level of English for their visa.


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: +44 (0)1344 628521
E: enquiries@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 worldwide. Please see www.migfunder.com and share with your colleagues and networks.

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