Immigration News - May 2017

Studying in the UK

Brexit and Higher Education - report by the Education Select Committee

The government's Education Committee has published a report on the impact of Brexit on the UK's Higher Education sector.


The key conclusions and recommendations were as follows:

• The Government should guarantee home rate fees and access to tuition fee loans for EU undergraduate students starting in England in the 2018/19 academic year. The status of postgraduate students should also be clarified.
• Sufficient notice should be given to the higher education sector of any changes to the migration of EU students, their fee rate and access to loans.
• Sufficient time must be given to universities and the higher education sector to adjust and plan ahead.
• Any changes to fees or loans should not occur midway through a student's course.
• The best model for EU students would be to retain a reciprocal open approach with light touch controls, such as visa-free access, to enable preservation of a system closely resembling freedom of movement. This open approach should be taken with all international students to remain a global leader in higher education.
• International students should be removed from the net migration targets.
• The rights of EU higher education staff to work and reside in the UK need to be guaranteed as soon as possible.
• Reforms to the immigration system need to reflect the requirements of higher education. The new immigration system after the UK leaves the EU, will need to facilitate, not inhibit, the movement of people in and out of the UK's universities.
• A new visa for highly skilled academics should be introduced with a lower salary threshold and separate, higher cap.
• Continued access to Horizon 2020 and other EU research funding should be prioritised after the UK's exit from the EU.
• Continued membership of Erasmus+ would be the best outcome for the UK and the Government should consider this as a priority programme in its negotiations with the EU.
• The Government should develop an ambitious outward mobility strategy with universities, which increases the range of mobility opportunities to more countries and includes a baseline participation target.
• As a replacement to investment from European Structural and Investment Funds, it recommends that the Government establishes a new regional growth fund, which allocates funding on a similar needs-based system.
• There is tension between the current Government policies to both respect the current convention for Ministers not to decide what to spend research funds on, whilst also committing to ensuring R&D benefits the whole country. The Government needs to clarify its position.
• Universities should be represented in upcoming trade agreements with countries to support their global ambitions.
• The Government should pursue bold new collaborations with major research countries such as the USA, prioritising nations where relationships are already well developed, as well as investing additional resources into existing efforts such as the Global Challenges Fund and the Newton Fund.

The report can be downloaded here.

http://www.parliament.uk/business/committees/committees-a-z/commons-select/education-committee/news-parliament-2015/brexit-higher-education-report-published-16-17/

http://www.bbc.co.uk/news/education-39693954

Applying to become a Tier 4 sponsor - supporting documents (Tier 4)

UK Visas and Immigration (UKVI) have published updated guidance on the supporting documents that education providers must provide with an application for a Tier 4 sponsor licence.

The updated 'Appendix A' can be viewed here.

https://www.gov.uk/government/publications/supporting-documents-for-sponsor-applications-appendix-a

 

Working in the UK


Tier 2 and 5 Sponsor Guidance

UKVI has published revised guidance on how to apply for a Tier 2 or 5 sponsor licence and how to sponsor a migrant worker.

The key changes are as follows:

• Information on the Tier 2 (ICT) Short-term Staff sub-category has been removed. This category closed on 5 April 2017.
• Information on the Immigration Skills Charge has been included for CoS assigned on or after 6 April 2017.
• The National Qualification Framework (NQF) has been replaced with Regulated Qualification Framework (RQF).
• Guidance on level 1 user who is an employee has been amended to include a partner or director.
• Information has been added on sponsors who operate a virtual business model.
• Changes have been made on the information on certifying documents. This guidance has been removed from Appendix A (Supporting documents).
• Information has been added to clarify the OSCE attempts for overseas trained nurses.
• Information has been added on unplanned and unannounced visits and checks being conducted at 3rd party premises.
• Information has been added to what happens to sponsored migrants if a licence is suspended.
• Guidance on the CoS start date has been added.
• The transitional arrangements for the skill level under Tier 2 (General) and Tier 2 (ICT) before 6 April 2011 have been removed.
• Information has been added on the Codes of Practice in Appendix J of the Immigration Rules to determine what the skill level and minimum rates of pay are for a job.
• Information on the overseas criminal record certificate requirement for Tier 2 (General) applicants and their adult dependants coming to work in the UK in education, health and social care sectors has been included.
• Information has been added to clarify the 'new entrant rate' and threshold and the 'experienced rate'.
• Guidance on Tier 2 (General) high value inward investment posts has been added.
• Information on resident labour market tests for nurses has been included.
• Changes have been made to reflect that a restricted CoS should not be assigned under the Tier 2 (General) category for a job supported by the high value inward investment provisions.

The updated guidance (version 04/17) can be viewed here.

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

 

 

Creating a Certificate of Sponsorship (CoS) - guidance for sponsors

An updated step-by-step guide has been published by UKVI for sponsors on creating Certificates of Sponsorship (CoS).

The updated guide can be viewed here.

https://www.gov.uk/government/publications/creating-a-cos-guide-for-business-sponsors-sms-guide-8a

 

 

Tier 2 and 5 priority change of circumstance service

UKVI have updated their guidance for Tier 2 and 5 sponsors on their priority change of circumstance service.

This service is for A-rated sponsors to apply for faster consideration of the following types of change of circumstance requests:

• In year certificate of sponsorship (CoS) allocation
• Follow on CoS allocation
• Add new level 1 user
• Replace an authorising officer (AO)
• Add a representative

A maximum of 50 priority service requests will be accepted each day (Monday to Friday; 9am to 5pm).

The updated guidance can be viewed here. Further information about this service can be viewed here.

https://www.gov.uk/government/publications/priority-change-of-circumstances-for-sponsors/tier-2-and-5-priority-change-of-circumstance-service

Applying to become a Tier 2/5 sponsor - supporting documents (Tiers 2 & 5)
UKVI have published updated guidance on the supporting documents that companies must provide with an application for a Tier 2 and/or 5 sponsor licence.

The updated 'Appendix A' can be viewed here.

https://www.gov.uk/government/publications/supporting-documents-for-sponsor-applications-appendix-a

Illegal working closure notice and compliance orders

UKVI have published guidance for frontline staff on illegal working closure notices and compliance orders.

The guidance has been issued to frontline staff, mainly immigration officers, who will use the new powers in the Immigration Act 2016 to issue closure notices and apply for compliance orders to prevent illegal working.

The guidance can be viewed here.

https://www.gov.uk/government/publications/illegal-working-closure-notice-and-compliance-orders




Immigration Act: part 1 - labour market and illegal working

A new policy equality statement has been published by the Home Office (UKVI) on the prevention of illegal working in licensed premises for the sale of alcohol and late night refreshment.

The statement can be viewed here.

https://www.gov.uk/government/publications/immigration-bill-part-1-labour-market-and-illegal-working




Applying for a Tier 2 visa

UKVI have published updated guidance for those applying to come to the UK, or to extend their stay, as a Tier 2 skilled worker.

The updated guidance can be viewed here. This revised guidance is for use on or after 6 April 2017. 

https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-2-worker



Non-European Labour Migration to the UK

The Migration Observatory at the University of Oxford has published a briefing on non-European labour migration to the UK.

The key points are as follows:

• Non-EEA labour migration increased over the 1990s and the early 2000s, then declined from the mid-2000s until 2012. By 2015, inflows had begun to increase again.
• Skilled, employer-sponsored workers under Tier 2 of the points based system are the largest category of entry visas issued for work.
• The majority of non-EEA labour migrants coming to the UK are male, and the majority of newly arriving migrants are aged 25-44.
• The largest number of non-EEA migrants are Asian nationals, followed by the Americas. 

The full briefing can be downloaded here. 

http://www.migrationobservatory.ox.ac.uk/resources/briefings/non-european-labour-migration-to-the-uk/



Application to extend stay in the UK as a Tier 1 or 5 dependant

An updated application form has been published by UKVI for a grant of leave and biometric immigration document as a Tier 1 or 5 dependant. This revised application form is for use on or after 6 April 2017.

The updated form can be downloaded here. 

https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-as-tier-1-or-5-dependant



Restricted certificate allocations (April 2017)

The restricted certificate allocation for April 2017 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). A total of 1,844 CoS were granted in April 2017. There are 2,332 CoS available for use in May 2017.

The next monthly allocation date is 11th May 2017. 

https://www.gov.uk/government/publications/employer-sponsorship-restricted-certificate-allocations



Tier 1 Entrepreneur - updated guidance

The guidance on applying to come to the UK as a Tier 1 (Entrepreneur) has been updated.

The updated guidance can be viewed here. 

https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-1-entrepreneur




Tier 1 Investor - updated guidance

The guidance on applying to come to the UK as a Tier 1 (Investor) has been updated.

The updated guidance can be viewed here. 

https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-1-investor

 

General Immigration Matters

Status of EU nationals in the UK

A dedicated page has been published on the Home Office (UKVI) website providing information for European nationals living in the UK, following the triggering of Article 50.

The information page can be viewed here.

https://www.gov.uk/guidance/status-of-eu-nationals-in-the-uk-what-you-need-to-know

Free movement rights for family members of British citizens

UKVI have updated their guidance on how they consider applications for a residence card made by a family member of a British citizen.

Changes have been made to the guidance to reflect that the Immigration (European Economic Area) Regulations 2016 have revoked and replaced the Immigration (European Economic Area) Regulations 2006.

This updated guidance (v.2.0) can be viewed here.

https://www.gov.uk/government/publications/free-movement-rights-family-members-of-british-citizens




Guidance for family members of EEA and Swiss nationals

The Immigration (European Economic Area) Regulations 2006 have been revoked and have been replaced with the Immigration (European Economic Area) Regulations 2016.

The following guidance has been updated to reflect this:

Processes and procedures for EEA documentation applications

Free Movement Rights: direct family members of European Economic Area (EEA) nationals

Extended family members of EEA nationals 


https://www.gov.uk/government/publications/processes-and-procedures-for-eea-documentation-applications

https://www.gov.uk/government/publications/direct-family-members-of-european-economic-area-eea-nationals

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/607824/Extended-family-members-v4.pdf



Nationality: right of abode - updated guidance

The UKVI nationality instruction on the right of abode in the UK has been updated to reflect that the Republic of Maldives has left the Commonwealth.

The updated document (V.2.0) can be viewed here. 

https://www.gov.uk/government/publications/chapter-57-right-of-abode-nationality-instructions



Settlement in the UK (briefing by the Migration Observatory at the University of Oxford)

The Migration Observatory at the University of Oxford has published a briefing about non-European migrant settlement in the UK, their demographic characteristics and the various bases for their grants of settlement.

The key points are as follows:

•  There were 59,009 grants of settlement to non-EEA migrants in 2016 - the lowest number recorded since 1998.
•  In 2016, 40% of settlements were granted on the basis of employment and residency (including dependants of labour migrants); 22% were granted on the basis of asylum; and 11% were granted on the basis of family formation and reunification.
• The most common countries of citizenship for migrants granted settlement in 2015 were India (18%) and Pakistan (10%).
• At least 80% of settlements on the basis of marriage in 2015 were granted to spouses of British citizens.

 The full briefing can be viewed here.

http://www.migrationobservatory.ox.ac.uk/resources/briefings/settlement-in-the-uk/

Application to extend stay in the UK on the basis of your family life as a partner, parent or dependant child or on the basis of your private life in the UK

An updated application form and guidance has been published for use on or after 6 April 2017 for those applying to extend their stay in the UK on the basis of their family life as a partner, parent or dependant child, or on the basis of their private life in the UK.

The updated Form FLR(FO) and guidance can be downloaded here.

https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-form-flrfp

Veristat Services

 

Training for employers and education providers

We provide bespoke training on all aspects of immigration matters, including Right to Work, Tier 2 sponsorship, Tier 4 sponsorship, and identification of fraudulent documents.

These workshops are conducted on the client's premises for a standard charge of £680 for up to a maximum of 12 persons attending, so that the charge per person will generally be less than £50 without them having to spend the day away from the office. We can also provide bespoke online training on request.

*All prices are subject to VAT.

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

 

 

 

Workshops for European nationals (Brexit)

We provide workshops targeted at European nationals currently living and working in the UK. We can come to your premises and speak directly to your EU/EEA staff, outlining their position now, and the likely situation they may find themselves in following Brexit. These are practical sessions designed to clarify the situation and more importantly their options moving forwards.

If you're interested in booking a workshop for the European nationals working for you, please email us at enquiries@veristat.co.uk

Audits and Inspections

Veristat is hugely experienced at providing compliance audits across all tiers. We have worked with hundreds of employers ranging from small, family businesses to multi-nationals, high street retailers and professional sports clubs. In the education sector, we have worked with over 30 universities and a significant number of colleges and schools.

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's approach.

- For employers, we offer inspections of Tier 2 compliance in whatever level of detail is required, as well as on0site inspections (which can be announced or unannounced to simulate a UKVI visit) of compliance with "right to work" checks and requirements.

- For education providers our services range 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.

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.

File Inspection Days

If you're unsure whether you require a full compliance audit or specific training, but would like an independent check of your files to ensure they are fully compliant with Home Office requirements, we can provide a UKVI file compliance inspection of either your staff or student files.

Depending on the number of employees/students you have, we would either check all the files, or an agreed sample. After the inspection has taken place, we would provide a written report outlining any risks, feedback and recommendations. For further information or a quote for our file inspection days, please email enquiries@veristat.co.uk 

Contact us today for further information about any of our services or to talk over any issues or concerns you have, confidentially and without obligation.

T: +44 (0)1344 624016
E: enquiries@veristat.co.uk
W: www.veristat.co.uk