Veristat Specialists in Immigration

Immigration Notes: February 2012

2012-02-01T05:38:00.000-08:00

Tier 4

Tier 4 Education Oversight

The UKBA has published information on what amounts to satisfactory accreditation under the new education oversight arrangements and the consequences of failing to meet the standards.

For sponsors currently subject to the interim limit, the UK Border Agency will take the following actions based on the outcomes of inspections by the accreditation bodies:

If the college achieves a satisfactory inspection or review for Tier 4 purposes and the college has also obtained highly trusted sponsor status, it will no longer be subject to the interim limit.
If the college does not receive a satisfactory outcome for Tier 4 purposes, but the report indicates that follow-up action is required, then the college will remain subject to the interim limit and further action will be required from the college as specified in the report. It will be for the relevant body to confirm whether the college has met the standard within a specified timescale.
If the college fails the inspection or review for Tier 4 purposes, at the initial stage or following further action, then the college will become a legacy sponsor, and therefore they will be unable to sponsor new international students.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/54-t4-sponsors-education-over

Tier 1 and 2

English language test results for Tier 1 and 2 applications

From 6th April 2012, UKBA are removing the provision for applicants in the UK to apply for permission to stay here (leave to remain) before they have taken or received the results of an English language test. This applies to applicants applying under Tier 1 (General), Tier 1 (Entrepreneur) and Tier 2 of the points-based system.

Visa applications made after 6th April 2012 must be accompanied with evidence that applicants have passed an approved English language test.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/tier-2-5-1-elr

Tier 2 - applications moving online from 14th February 2012

Changes to the Immigration Rules have been laid before Parliament that will enable applicants applying under Tier 2 and 5 to apply online for permission to stay (further leave to remain) in the UK. The new facility will be available from 14th February 2012. The current options of making an application by post or in person will continue.

You can read the statement of changes (HC 1733) laid before parliament here:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/statementsofchanges/2012/hc1733.pdf?view=Binary

General Immigration Matters

UK Government migration target

A recent report by the Institute for Public Policy Research, and independent think tank, has predicted that net migration will fall to 180,000 in 2012 but predicts that reductions cannot be sustained and that the government would be unable to fulfil its vow to reduce net migration to tens of thousands by 2015.

The full report can be viewed here:

http://www.ippr.org/images/media/files/publication/2011/12/migration-review-2011-12_Jan2012_8431.pdf

MAC's Analysis of the Impacts of Migration

The Migration Advisory Committee (MAC), a body advising the government, published a report of their analysis of the impacts of non-EEA migration.

The full report can be viewed here:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/mac/27-analysis-migration/01-analysis-report/analysis-of-the-impacts?view=Binary

The MAC also published 6 external research reports that it commissioned to inform the above work. These can be downloaded here:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/mac/27-analysis-migration/

Premium Service for UK Visas issued in Pakistan

The UK Border Agency, in conjunction with its commercial partner Gerry's, has launched a premium service at its Visa Application Centre (VAC) in Pakistan, facilitating the quicker processing of visa applications.

This service will mean that visas can be issued within 15 days.

This service is optional and is available for an additional fee. This fee is payable when you attend your appointment at the VAC.

An SMS service which updates applicants on the progress of their UK visa application plus automated messages to their email address will also be available.

Further information on this service can be viewed here:

http://www.ukba.homeoffice.gov.uk/countries/pakistan/gerrys-services/?langname=UK%20English

Biometric Residence Permit appointments to be booked online

UKBA have announced that, from 1 February 2012, postal applicants will need to book Biometric Residence Permit (BRP) appointments online.

Also, from this date, UKBA are replacing the BRP helpline with an email service. The following email address should be used from 1 February 2012:

BRPDelivery@homeoffice.gsi.gov.uk if there is an issue with the delivery of your biometric residence permit

BRPError@homeoffice.gsi.gov.uk if there is an error on your biometric residence permit

BRPLost@homeoffice.gsi.gov.uk to report the loss or theft of your biometric residence permit

employerBRPverification@ukba.gsi.gov.uk if you are an employer or sponsor and you want to confirm that a biometric residence permit is valid

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/january/71-online-services

NIESR report on non-European economic and student migrations

Research undertaken by the National Institute of Economic and Social Research found immigration has had little or no impact on levels of unemployment in the UK.

These findings are in contrast with another report recently published by Migration Watch.

The full report published by NIESR can be viewed here:

http://www.niesr.ac.uk/pdf/100112_105822.pdf

English language tests for applications under Tiers 1, 2 and 4 of the points-based system

Amendments have been made by UKBA to the list of approved English language tests for applications under Tiers 1, 2 and 4 of the points-based system and for spouse or partner applications.

Key amendments include:

The City & Guilds test scores now show 'pass' and there is a separate English language test for spouse/partner applications.
For City & Guilds tests the documents required for a migrant's application have been amended.
ETS have changed the way that the scores for their TOEFL ibt (Internet Based Test) map against the Common European Framework of Reference (CEFR).
The ETS TOEFL ibt (Internet Based Test) now includes scores for spouse and partner applications.
There is also a change of address for the TOEIC (The test of English for international communication) English Language test.
Cambridge ESOL (English for speakers of other languages) has amended the title of one of their tests from 'International Legal English Certificate' to 'Cambridge English Legal'.
Trinity College tests now have a 2-year expiry date.

The revised list of approved English language tests can be viewed here:

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/new-approved-english-tests.pdf

Unaccompanied Children Arriving at Dover

Maggie Atkinson, Children's Commissioner for England, has concluded her investigations into unaccompanied children arriving at Dover. Her findings revealed that unaccompanied children arriving alone at Dover were sent straight back to France under a secret 'Gentleman's Agreement' since at least 1995.

Maggie Atkinson advocates the appointment of legal guardians for all children arriving without anyone having parental responsibility for them, a practice that many European countries already adopt.

The full report by the Children's Commissioner can be downloaded here:

http://www.childrenscommissioner.gov.uk/content/publications/content_556

Veristat Services

HTS applications and immigration support

For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk.

Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment.

Please contact us for a no commitment discussion if you think you would benefit from any of these services at enquiries@veristat.co.uk.

Entrepreneur Visits

We are working with InvestUK (http://www.investuk.com) to provide immigration and investment support to applicants seeking leave to remain as an entrepreneur under Tier 1 of the PBS. For further information please contact enquiries@veristat.co.uk or enquiries@investukvisa.com.

Employer's Website

Veristat has launched a new website dedicated to supporting employers on immigration issues. Services on the website include:

Compliance Audits to reduce your organisation's risk of incurring a civil penalty and provide reassurance that you're complying with immigration law. Includes franchisee, branch and outlet compliance and support in the event of a civil penalty or prosecution through our partners Quist Solicitors.
Sponsorship under the Points Based System, including obtaining a UKBA licence, upgrading from a B rating, action plans, suspension and revocation of licences. Procedures for the recruitment and continuing employment of non-EEA nationals, acting as a Level 1 or Level 2 user, monitoring and managing employees to ensure compliance with UKBA requirements.
Advice covering any immigration related matter including leave to enter the UK and further leave to remain applications for business visitors and employees.
Training and Workshops on operating under the Points Based System, including how to examine passports and other immigration documents.
Document checking, including passports, visas and references for employees.

Further information can be viewed on our Employer's website at http://www.hrimmigration.co.uk.

Immigration Notes: January 2012

2012-01-03T06:00:00.001-08:00

Tier 4

The position of students following College Closures

At a recent meeting with UKBA we clarified the position of students whose college closes or whose licence is revoked. The Sponsor Guidance states that in such circumstances the student will be given 60 days to find another college. The UKBA confirmed that the 60 days do NOT run from the date of college closure but from the date the UKBA write to the student limiting their stay to 60 days. However, the UKBA will write to the student at the last known UK address. If the student has not kept the UKBA informed of his/her whereabouts, this might be the address the student gave when applying for a visa or the address of the college. In these circumstances the student may not be aware that his/her visa has been curtailed and should contact the UKBA.

Non-European Student Migration to the UK

The Migration Observatory at Oxford University has published a report on non-European student migration to the UK. This covers the following key points:

Number of non-European students coming to the UK

Length of stay and number of family members coming with them

Areas of study

Number of students working whilst in the UK

Number that change their status/choose to settle permanently in the UK

The full briefing can be viewed here:

http://www.migrationobservatory.ox.ac.uk/sites/files/migobs/Non-European%20Student%20Migration%20to%20the%20UK%20v2_0.pdf

Tier 1 & 2

Biometric Residence Permits - online checks to simplify the process for employers

From Spring 2012 employers will be able to verify online that details on a foreign employee's biometric residence permit (BRP) are correct. This new online checking service should enable real-time checks to be undertaken on permits and their holder's identity and right to work in the UK.

From 29 February 2012, BRPs will be issued to more categories of foreign nationals, including refugees and those granted permission to settle in the UK.

A new contract has also been awarded to the Post Office Ltd for the collection of fingerprint and photograph information.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/december/13-brp-online-checks

Further information on the Biometric Residence Permits can be viewed at the following link:

http://www.englishuk.com/uploads/assets/members/newsflash/december_2011/2098-Biometric_Residence_Permits_for_Foreign_Nationals_Information_Sheet.pdf

CIPD responds to MAC's review of Migration Cap

The Chartered Institute of Personnel and Development (CIPD) have responded to the Migration Advisory Committee's call for evidence on how the cap is currently operating. They argue that only a small proportion of UK employers now say that the migration cap is having or will have a damaging impact on their organisation in the short to medium term.

CIPD also warned the government not to cut Tier 2 visa level limits, urging them to respond flexibly as the economy recovers so the UK can compete internationally.

http://www.peoplemanagement.co.uk/pm/articles/2011/12/migration-cap-damages-few-employers-in-short-term.htm

General Immigration Matters

Changes to appeals against immigration and asylum decisions from 19 December 2011

The Ministry of Justice has introduced appeal fee charges for some asylum and immigration appeals.

People wanting to appeal against a decision notice dated 19 December 2011 or later will normally need to pay a fee. The appeal fee will apply to most categories of visas and decisions.

The new fees are:

£80 for a paper consideration

£140 for an oral hearing

Also, from 19 December 2011, people will need to lodge their appeals at the tribunal in the UK. Appeals from overseas visa application centres will no longer be accepted.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/december/23-appeal-fees

Full guidance about the changes published can be viewed at the following link on the Ministry of Justice website:

http://www.justice.gov.uk/downloads/guidance/courts-and-tribunals/tribunals/immigration-and-asylum/first/online-fees-guidance.pdf

Global Review on Entry Clearance decision-making

John Vine CBE QPM, the Independent Chief Inspector of the UK Border Agency, has published a global review of entry clearance decision-making.

The review involved the examination of almost 1,500 visa cases from every UKBA visa post.

The main findings of the inspection found that improvements were required to the general quality of decision-making and recommendations made to strengthen UKBA's quality assurance process to ensure decision quality improved consistently across all of its visa posts.

The full report can be viewed here:

http://icinspector.independent.gov.uk/wp-content/uploads/2011/02/Entry-Clearance-Decision-Making_A-Global-Review.pdf

UK and Ireland to improve Common Travel Area

UK and Ireland have signed an agreement reinforcing their commitment to preserve the Common Travel Area (CTA) as well as further cracking down on illegal immigration and bogus asylum claims.

The countries signed a statement working towards joint standards for entry, including electronic border systems to identify those with no right to enter the CTA before they arrive at the border.

The two countries will share information on visa applications, including fingerprint biometrics.

http://ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/december/70-uk-ireland

Overseas spouse must speak English before arriving in UK

A judge has dismissed a challenge brought by three couples to the immigration rule concerning overseas spouses being required to speak English before arriving in the UK.

The judge also rejected the argument that language tests were discriminatory because they required someone with a degree in English from India to sit the test but not Spanish-speakers from California.

http://www.guardian.co.uk/uk/2011/dec/16/overseas-spouses-speak-english

Visa applications for London 2012 Games Spectators

From 1 January 2012, UKBA will begin processing visitor visas for those coming from outside the UK to watch the Olympic and Paralympic Games.

Visas will be issued for up to 6 months to cover the whole Olympic and Paralympic Games period.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/december/70-olympics-visas

Taiwan joins UK's Tier 5 Youth Mobility Scheme

From 1 January 2012, Taiwan will join the list of countries and territories participating in the UK's youth mobility scheme, under Tier 5 of the points-based system.

Countries already participating in the scheme are Australia, Canada, New Zealand, Japan and Monaco.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/december/80-taiwan-yms-rules

Veristat Services

HTS applications and immigration support

For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk

Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us at enquiries@veristat.co.uk for a no commitment discussion if you think you would benefit from any of these services.

New Employers’ Website

Veristat has launched a new website dedicated to supporting employers with immigration on immigration issues. Services on the website include:

• Compliance, audits to reduce your organisation’s risk of incurring a civil penalty and provide reassurance that you’re complying with immigration law. Includes franchisee, branch and outlet compliance and support in the event of a civil penalty or prosecution through our partners Quist Solicitors.
• Sponsorship under the Points Based System, including obtaining a UKBA licence, upgrading from a B rating, action plans, suspension and revocation of licences. Procedures for the recruitment and continuing employment of non-EEA nationals, acting as a Level 1 or Level 2 user, monitoring and managing employees to ensure compliance with UKBA requirements.
• Advice covering any immigration related matter including leave to enter the UK and further leave to remain applications for business visitors and employees.
• Training and workshops on operating under the Points Based System, including how to examine passports and other immigration documents.
• Document checking, including passport, visas and references for employees.

The URL of the new Employers' website is: www.hrimmigration.co.uk

Immigration Notes: December 2011

2011-12-01T03:10:00.000-08:00

Tier 4

UKCISA Tier 4 Survey

UKCISA has published its second major survey of international students’ experience of visas. Whilst the survey recognises some improvements, there are a number of areas of continuing concern including:

• Confusion caused by frequent changes to the Rules and Guidance
• Lack of clear information and advice
• Costs and effort required to assemble the necessary evidence and of travelling to provide biometrics or to deliver or collect documents
• The number of applications refused initially for minor errors or omissions.

Students also report feeling less welcome in the UK following recent policy changes, Government statements and media reports aimed at students and are particularly concerned about the abolition of the Post Study Work scheme and lack of information concerning its successor arrangements.

The survey also notes that it includes only the views of those who chose to come to the UK and that the views of those who decided not to do so are likely to be more negative.

http://www.ukcisa.org.uk/files/pdf/about/material_media/tier4_survey2011_final.pdf

Tier 1 & 2

Settlement: Minimum annual pay for highly skilled workers

The Migration Advisory Committee (MAC) has recommended that minimum pay is the best way to select which highly skilled migrant workers should be eligible for settlement.

The MAC was commissioned by the government in June to identify the most suitable economic criteria for determining which Tier 2 migrant workers could settle permanently in the UK and what the economic effects of restricting or removing settlement rights would be.

Their recommendations include:
• A simple pay threshold be used to decide eligibility for automatic settlement among Tier 2 (general) migrants.
• Migrants entering through the Tier 1 (exceptional talent) route to proceed to settlement after 5 years subject to continuing to meet the criteria for that route
• A pay threshold between £31,000 and £49,000 for Tier 2 (general), set at the time of entry and adjusted for inflation or changes to average pay, would be economically defensible.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/11-minimum-annual-pay

Changes to the shortage occupation list come into effect

Specialist jobs that the Migration Advisory Committee (MAC) recommended are no longer required have been removed from the government-approved list.

Details of the occupations that have been removed can be viewed at the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/18-short-occup

The Shortage Occupation list, valid from 14th November 2011, can be viewed via the following link: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlistnov11.pdf

Extension of employment restrictions for Bulgarian and Romanian nationals

The Immigration Minister, Damian Green, has announced that controls to restrict how Bulgarian and Romanian nationals access the UK labour market will be extended until the end of 2013.

This means Romanian and Bulgarian (EU2) nationals seeking to work in the UK will continue to require permission from the UK Border Agency before they can work in the UK.

The extension of the restrictions does not affect the position of those who have already received visas or work permits to work in the UK.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/44-labour-restrictions

Quarterly reports detailing the penalties given for employing illegal workers to be published

UK Border Agency has announced they will shortly publish quarterly reports detailing the penalties given to people or organisations who employ illegal workers.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/35illegal-workers-reports

General Immigration Matters

Government announcement on settlement reforms

The Home Secretary has outlined the government’s approach to reform of the settlement rules, including a decision not to pursue the ‘earned citizenship’ policy.

Earned citizenship concerned the path to settlement and British citizenship, and was planned to come into force in July 2011. It will now not be introduced.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/nov/15-settlement-reforms

New policy guidance on the marriage visa age

UKBA has issued new policy guidance following the judgement of the Supreme Court in the case of Quila and Bibi v Secretary of State for the Home Department [2011] UKSC 45.

The Supreme Court has ruled that, whilst they recognised that the Secretary of State was pursuing a legitimate and rational aim of seeking to address forced marriage, the change to the rule (increasing the minimum marriage visa age from 18 to 21) disproportionately interfered with the Article 8 rights of those who were in genuine marriages.

Changes to the Immigration Rules have been laid in Parliament to reinstate a minimum age of 18 for a spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or same-sex partner and for their sponsor in order to qualify for entry clearance, leave to enter, leave to remain or a variation of leave on that basis. These rules came into effect on 28 November 2011.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/10-marriage-visa-age

The revised approach affects applicants whose visa applications were refused between 27 November 2008 and October 2011 because their sponsor was aged between 18 and 20. The policy guidance sets out how such applicants can apply for a review of the original decision of the refusal due to the age requirement by 31 May 2012.

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/review-age-decision1/

Minimum salary for sponsorship under family route should be raised

The government commissioned the MAC to consider what the minimum income threshold should be for a British resident sponsoring a spouse, partner or dependent for settlement in the UK under the family route. This was part of the government’s review of the family migration routes.

The MAC has recommended a minimum salary of between £18,600 and £25,700 before tax be introduced for UK residents sponsoring a partner or dependant for citizenship.

Currently the threshold is an annual income of £5,500 after tax, excluding housing costs. This is equivalent to £13,700 before tax and including housing costs.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/30-family-route

Net Migration at record high for 2010

Data from the Office for National Statistics has shown that the annual net migration to the UK in 2010 was 252,000 – the highest calendar year figure on record.

Immigration remained steady at 591,000, but there was a drop in the number of people leaving the UK.
Provisional data from the ONS for the 12 months to the end of March suggests net migration has since fallen slightly to 245,000.

http://www.bbc.co.uk/news/uk-15917051

Trafficked people being treated as criminals by officials

An inquiry by Lady Helena Kennedy QC has found that victims of human trafficking are being unfairly treated as criminals and illegal immigrants. The investigation concluded that police and immigration authorities fail to see the thousands of women, men and children trafficked into Britain as the innocent victims of organised crime whose own basic rights have been breached.

Kennedy’s report to the Scottish office of the Equality and Human Rights Commission (EHRC), published after an 18-month inquiry, calls on the UK and Scottish governments to introduce legislation and criminal justice policies which will tackle trafficking as a specific crime and support its victims.

http://www.guardian.co.uk/law/2011/nov/27/human-trafficking-crime-victims?INTCMP=SRCH

New application form and guidance for naturalisation

The UKBA has published a new version of Form AN, which is used to apply for naturalisation as British citizen.

The existing naturalisation guidance has been split into 2 documents:

• Guide AN which explains how to complete the form; and
• Booklet AN which gives more detail about the requirements for naturalisation

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/nov/56-new-an-form-guidance

Veristat Services

Colleges for Sale or Purchase

We are receiving an increasing number of enquiries from people wishing to sell or purchase a private school or college. If you have a college for sale or are interested in purchasing, please contact us for further information on how we may be able to assist. Contact enquiries@veristat.co.uk

HTS applications and immigration support

For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk

Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us at enquiries@veristat.co.uk for a no commitment discussion if you think you would benefit from any of these services.

New Employers’ Website

Veristat has launched a new website dedicated to supporting employers with immigration on immigration issues. Services on the website include:

• Compliance, audits to reduce your organisation’s risk of incurring a civil penalty and provide reassurance that you’re complying with immigration law. Includes franchisee, branch and outlet compliance and support in the event of a civil penalty or prosecution through our partners Quist Solicitors.
• Sponsorship under the Points Based System, including obtaining a UKBA licence, upgrading from a B rating, action plans, suspension and revocation of licences. Procedures for the recruitment and continuing employment of non-EEA nationals, acting as a Level 1 or Level 2 user, monitoring and managing employees to ensure compliance with UKBA requirements.
• Advice covering any immigration related matter including leave to enter the UK and further leave to remain applications for business visitors and employees.
• Training and workshops on operating under the Points Based System, including how to examine passports and other immigration documents.
• Document checking, including passport, visas and references for employees.

The URL of the new Employers' website is: www.hrimmigration.co.uk

Immigration Notes: November 2011

2011-11-01T02:56:00.000-07:00

Tier 4

HTS: Failure to Complete a course

Following the publication of the September Guidance, the UKBA stated that the concession which excluded students who had changed college, status or left the UK from those counted as having failed to complete their course, would no longer apply. We subsequently raised this issue with the UKBA and they have now replied stating that they have reviewed the decision and that the concession will continue to apply. Students who change their college, change immigration status or leave the UK will NOT be included amongst those who are considered for HTS purposes as having failed to complete their course.

Changes to Lists of English Language Tests

The UK Border Agency have made some amendments to the list of approved English language test providers for applications made under Tiers 1, 2 and 4 of the points-based system and for spouse and partner applications.
The amendments include:
• three tests awarded by Cambridge ESOL now offer certification at 3 levels of the Common European Framework rather than just 2 levels.
• The Educational Testing Service (ETS) have updated their web address for their test of English for international communication (TOEIC) and test of English as a foreign language (TOEFL)
• Pearson have updated their contact details and clarified that they do not issue paper certificates
• separate certificate and notification of candidate results sheet are required for speaking part of the City and Guilds English language test
A revised list can be downloaded from the below link. http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/new-approved-english-tests.pdf

Guidance for Tier 4 Sponsors – published in new format

UK Border Agency has published the Tier 4 guidance in a new format, although its contents are the same as the guidance they published on 5 September 2011.
The Sponsor Guidance can be downloaded from the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/

Arrangements for Tier 4 sponsors allocated zero CAS under the Interim limit

The UK Border Agency has announced new arrangements for Tier 4 sponsors who were granted their sponsor licence between 16 December 2010 and 28 February 2011, and were allocated zero confirmations of acceptance for studies (CAS) under the Tier 4 interim limit.
Any sponsors who were granted their licence between these dates, and who did not assign CASs before 28 February 2011, were allocated zero CAS under the interim limit.
These sponsors:
• are now eligible to claim a CAS allocation in line with the policy and guidance for sponsors who did not have a Tier 4 sponsor licence during the period 1 March 2010 to 28 February 2011, as set out in Appendix A, paragraph 115H(i)(c) of the Immigration Rules.
• can apply for educational oversight, where they did not do so by the original deadline of 9 September 2011. These applications must be received by 11 November 2011.
• Will also be required to apply for Highly Trusted Sponsor status by the end of March 2012 or once they have held their licence for 12 months, whichever is later.
Further information about claiming a CAS allocation, applying for education oversight and applying for Highly Trusted Sponsor status can be found at the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/53-t4-sponsors-zero-cas
List of Financial Institutions for Tier 4 published
UKBA has published an initial list of financial institutions that they consider do not verify financial statements to their satisfaction.
This list will be used by UKBA when verifying maintenance funds under Tier 4 of the points-based system. If an applicant submits documents showing that funds are held in a financial institution on the list, then they will receive no points for maintenance.
There will be a 30-day notice period from the date when a financial institution is first listed before the new rule takes place. This will enable applicants to make the necessary financial arrangements, so that they can provide financial documentation that meets the new requirements.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/57-financial-institutions
You can view the list, as well as details of the criteria UKBA use to assess financial institutions, at the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/studying/financial-institutions/

Tier 4 Inspection Planned

The Independent Chief Inspector of the UKBA is planning to undertake an inspection of students under Tier 4 of the points-based system. You can email comments via the ICI website http://icinspector.independent.gov.uk/.

British Council Report on Continued Growth in International Students

A British Council publication argues that the demand for UK education will still continue to grow, despite global competition. According by a study conducted by the Economist Intelligence Unit, UK universities are seen as more prestigious than higher education institutions in competitor countries. They are only overtaken by the top Ivy League in the US. The study also includes useful insights into the reasons influencing students’ choice of the UK.
http://www.britishcouncil.org/new/press-office/press-releases/British-Council-research-shows-overseas-demand-for-UK-education-will-continue-to-grow/

Australian Universities Increase English Requirements

In Australia, universities have started toughening up English rules. Undergraduate from abroad study business and commerce courses and many of these have a poor level of English. Like many of its competitors, the University of Sydney set a minimum entry score of 6.5 on the International English Language Testing System. Starting next year, Sydney will demand a minimum score of 7. Universities may need to give the government assurances on English entry standards in order to win access to next year's streamlined visa process for offshore recruitment.
http://www.pieronline.org/default.aspx?page=newsarticle&NewsId=3291

Tiers 1 and 2

Tier 2: Changes to settlement requirements for Tier 2 migrants and work permit holders

Further changes have been made to the Immigration Rules meaning that, from 31 October 2011, Work permit holders and Tier 2 migrants will need to provide specified documents to confirm that they are being paid at or above the appropriate rate for their job. This is in addition to the employer’s confirmation.
From 31 October, any settlement application by a Tier 2 migrant or a work permit holder must include:
a payslip and a personal bank or building society statement; or
a payslip and a building society pass book
The UK Border Agency will refuse any applications that do not include this evidence.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/56-settlement-t2-wp

Tier 2: Reduction in jobs available to migrants

The government has accepted recommendations from the Migration Advisory Committee (MAC) to reduce the number of specialist jobs on the government-approved list. The number of jobs covered by the list will drop by 40,000, bringing the total down from 230,000 to 190,000.
The MAC recommended these changes where evidence from a range of industries and sectors showed resident workers are available to fill the vacancies.
A list of those occupations recommended be removed from the list can be found at the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/45-migrant-jobs-reduction

General Immigration Matters

‘Health tourists’ to pay for NHS debts

UKBA has announced that overseas visitors who fail to pay off their debts for NHS treatment will shortly be denied permission to enter or stay in the UK.
Changes to the Immigration Rules have been laid before Parliament, meaning that those subject to immigration control who fail to settle an outstanding bill of £1,000 or more will not be allowed to enter or remain in the UK until the debt is paid off.
The NHS will provide information to enable UKBA to identify the debtors and – when they apply to return or remain in the UK – to refuse their applications. The information sharing arrangements are being phased in over the coming months.
The written ministerial statement by Damien Green can be downloaded from the following link.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/19health-tourists-nhs

New application form and guidance for ‘Naturalisation’

UKBA has published a new version of Form AN, which is used to apply for naturalisation as a British Citizen.
The existing naturalisation guidance is now split into 2 documents:
Guide AN – which is an explanation of how to complete the form; and
Booklet AN – this gives more detail about the requirements for naturalisation and the way that the Secretary of State exercises his discretion.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/nov/56-new-an-form-guidance

Taiwan: Youth Mobility Scheme

Starting January 2012, Taiwanese young people will be able to come to the UK as part of the youth mobility scheme. 1,000 Taiwanese between 18 and 30 years old will be allowed to live and work in the UK for up to 2 years and the same number of British people will be eligible to apply to go to Taiwan. Before applying for a visa to come to the UK, Taiwanese applicants will have to get a certificate of sponsorship from Taiwan’s National Youth Commission.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/06-taiwan-youth-mobility?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29

Veristat Services

HTS applications and immigration support

For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk

New Employers’ Website

Veristat has launched a new website dedicated to supporting employers with immigration on immigration issues. Services on the website include:
• Compliance, audits to reduce your organisation’s risk of incurring a civil penalty and provide reassurance that you’re complying with immigration law. Includes franchisee, branch and outlet compliance and support in the event of a civil penalty or prosecution through our partners Quist Solicitors.
• Sponsorship under the Points Based System, including obtaining a UKBA licence, upgrading from a B rating, action plans, suspension and revocation of licences. Procedures for the recruitment and continuing employment of non-EEA nationals, acting as a Level 1 or Level 2 user, monitoring and managing employees to ensure compliance with UKBA requirements.
• Advice covering any immigration related matter including leave to enter the UK and further leave to remain applications for business visitors and employees.
• Training and workshops on operating under the Points Based System, including how to examine passports and other immigration documents.
• Document checking, including passport, visas and references for employees.

Immigration Notes: October 2011

2011-10-03T05:18:00.000-07:00

Tier 4

Highly Trusted Sponsorship for Tier 4 sponsors (New Guidance Published)
Following feedback from the education sector, UKBA has published new guidance on the highly trusted sponsorship for Tier 4 sponsors. This guidance covers:
• Highly Trusted Sponsorship, including the date (9th October 2011) by which Tier 4 sponsors who are eligible need to apply for HTS; what will happen to existing Tier 4 sponsors who do not apply for HTS by the deadline or who do apply and fail; and details of transitional arrangements for sponsors who are not eligible to apply by 9th October 2011.
• Educational oversight, confirming the previously announced detail of the new approach; and information for Tier 4 sponsors who either do not apply by the specified deadline or who apply and fail to obtain it.
There will also be changes to Tier 4 sponsor ratings, as in future, there will be 2 ratings only: ‘A’ rating and Highly Trusted.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/05-tier4
The new HTS guidance can be downloaded from the following webpage:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/guidancefrom31mar09/sponsor-guidance-t4-050911.pdf?view=Binary

The UKBA have also subsequently published answers to some of the questions they have been asked by education providers. These can be downloaded from http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/qahts.pdf

We also note that there is no longer any reference in either the Guidance or the FAQs to not including in the percentage for students who have failed to complete their course those who have returned home, moved college or changed status and we have seen a letter from the UKBA HTS Team stating that they will now be included. If that proves to be the case, we believe that any decision to refuse a college HTS as a result of the inclusion of these figures will be open to challenge.

Academic Progression

We have had a number of enquiries recently about academic progression following correspondence received by colleges from the UKBA reminding them of the need to refer to academic progression on CAS.

Since 4th July 2011, education providers must certify on the CAS that a course represents academic progression where a student has undertaken a previous course in the UK. This does not apply to students coming to the UK for the first time. Nor does it apply if a student is applying for an extension of stay to complete an existing course, even where the course was started in a different institution. However, to be safe, some colleges are referring to academic progression in all cases.

In most cases academic progression will be the taking of a higher level course. However, there may be cases where a student is taking a course at the same or even a lower level. These points are covered in paragraphs 374 and 375 of the Guidance. Note that although allowed under paragraph 375, instances of students taking courses at lower levels should be regarded as exceptional.
At present UKBA caseworkers appear to be reminding colleges where they have overlooked referring to progression but this is unlikely to continue and there will inevitably be cases where a failure to refer to progression will result in refusal. Also note that HTS also includes a requirement that academic progression must be shown in all relevant cases.
Confirmation of academic progression should be included in the evidence provided box on the CAS.
For further information see paragraphs 371 – 375 of the Sponsor Guidance (Version 09/11) http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/guidancefrom31mar09/sponsor-guidance-t4-050911.pdf?view=Binary

Tier 4 Inspection Planned

The Independent Chief Inspector of the UKBA is planning to undertake an inspection of students under Tier 4 of the PBS. You can email comments via the ICI website http://icinspector.independent.gov.uk/

Tier 1 & 2

Tier 2: Consultation over Work Routes leading to settlement has ended
UKBA’s 12-week public consultation on employment related settlement, Tier 5 and overseas domestic workers closed at midnight on Friday 9 September 2011. Over 11,000 responses were received.
The consultation sought views on a range of proposals, including:
• Re-branding the Tier 2 (Skilled worker) route as temporary, ending the assumption that settlement will be available for those who enter on this route
• Allowing certain categories of Tier 2 migrant, for example those earning over £150,000 or occupations of a specific economic or social value to the UK, to retain an automatic route to settlement
• Creating a new category into which, after 3 years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement
• Allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of 5 years with the expectation that they and any dependants will leave at the end of that time
• Introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement
• Restricting the maximum period of leave for Tier 5 temporary workers to 12 months and closing or reforming routes for overseas domestic workers.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/24-consultation

MAC report: Revised shortage occupation list to cover smaller proportion of labour market

The Migration Advisory Committee has advised that the Shortage Occupation List be revised to restrict migrants from outside the European Economic Area to a smaller proportion of occupations within the UK labour market.
The Migration Advisory Committee (MAC) recommends the list be reduced to cover 190,000 employees (not migrants) or well under 1 per cent of the UK workforce. In 2008, before the MAC recommended changes to it, that list covered over 1 million employees. The occupations in the list are the only positions open to migrants from outside the European Economic Area under the shortage occupation route of Tier 2 of the of Points Based System and Tier 2 is subject to an annual limit of 20,700. The latest MAC recommended list provides a more detailed breakdown of the sectors of the labour market affected by shortage. This has enabled the MAC to identify individual job titles rather than broader occupations.

A total of 29 job titles are recommended for removal from the list. They include: secondary school biology teachers; consultants in obstetrics and gynaecology; paediatric surgery; nuclear medicine and paediatric dentistry; veterinary surgeons; and tutti orchestral musicians. The 33 recommended additions to the list include: consultants in emergency medicine; actuaries; specific roles within the visual effects and 2D/3D computer animation for film; television and the video games sectors; high integrity pipe welders; environmental scientists; and operations managers in the decommissioning areas of the nuclear industry and geochemists. The MAC believes that these changes will help to ensure the UK remains a leading global player in these fields. The government will now consider the MAC's recommendations and respond in due course.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/32-mac-revised

General Immigration Matters

Tier 2: Judgement on carers of British Citizens

The Court of Justice of the European Union (ECJ) recently handed down judgement in the case of Ruiz Zambrano (c-34/09). This judgement creates a right to reside and work for the sole carer of a dependent British citizen when that carer has no other right of residence in the UK and removing the carer from the UK would mean the British citizen would have to leave the European Union.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/48-british-carers

UKBA seek feedback on Biometric Residence Permits

UKBA are seeking feedback from anyone who holds a biometric residence permit (formerly known as an identity card for foreign nationals), or have held one in the past.
Please click on the link to the biometric residence permit survey.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/22-residence-permit-bio

EU executive to stop countries bringing back border controls

The Immigration Minister, Damian Green, has reaffirmed the importance of tackling abuse of the family immigration route, and promoting better community integration for those who come to live permanently in the UK.
In a speech at the Centre for Policy Studies on the 15 September, the Minister highlighted research that supports the government’s proposals on family migration. The proposals, which are currently being consulted on, are aimed at what the Government sees as attempts to bypass UK immigration laws.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/40-migration

Axing of migrant return scheme ‘will cost taxpayers £2m a year

A scheme allowing vulnerable people to return to their country of origin is to be abolished by the government at a cost of millions to the taxpayer. The travel assistance scheme was introduced almost 40 years ago to help immigrants who have acquired British citizenship return home if they have problems integrating or finding work. The scheme has recently helped individuals to return to Iraq and Afghanistan, and campaigners calculate that it has saved £20m over the past decade in state benefits, housing and health provision. The decision to shut the scheme means that some individuals seeking to leave the UK will no longer be able to do so.
UKBA has also capped the scheme at £100,000 since 2004 so many individuals who wish to return home have been unable to do so, a decision that has already cost the UK millions of pounds in potential savings.
http://www.guardian.co.uk/uk/2011/sep/24/axing-migrant-return-scheme-cost

Veristat Services

Student Recruitment

In response to requests from colleges and students, we have introduced a FIND A COLLEGE service on our student visas website www.studentvisasuk.co.uk
Students who are interested in studying in the UK enter their details via our website and are encouraged to specify a college or university and location where they would like to study, We circulate weekly list to colleges and universities who have registered with us as wishing to recruit international students; you select the students in whom you are interested; and we send you their contact details by return. As an introductory offer, there is no charge for registering. The service provides a highly cost effective way of recruiting students worldwide and we can also help in processing their visas. For further details of the service and costs please email maria@veristat.co.uk

Student Visa applications

We are increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk

HTS applications and immigration support

For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk

Highly Trusted Sponsor Guidance

2011-09-07T02:45:00.000-07:00

• The new HTS Guidance was published on 5th September 2011 in an updated version of the sponsor guidance http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/guidancefrom31mar09/sponsor-guidance-t4-050911.pdf?view=Binary
• Unsurprisingly, the key elements of the HTS Guidance are much as had been set out in the consultation document. The main clarifications are in relation to transitional arrangements for A and B rated colleges; the deadline for HTS applications; and how to calculate the percentages under the mandatory and measurable requirements.

Transitional Arrangements

• HTS requires a college to have had a UKBA licence for 12 months and an A rating for 6 months. Any college that does not already have HTS and meets these criteria must apply for HTS by 9th October 2011. If a college in these circumstances does not apply before the deadline, its licence will be revoked.
• In all cases, in order to be able to continue towards HTS, a sponsor must have applied for the new educational oversight arrangements (e.g. QAA or ISI) by the deadlines set. If a college does not do so, it will become a “legacy sponsor”. A legacy sponsor will have its details removed from the Tier 4 register and its CAS allocation set to zero. Students at the college will be able to continue until the completion of their courses (or the expiry of the licence whichever is the sooner) and the college will be able to apply for CAS for them to extend their stay where necessary to complete the course. Where CAS have been issued before the college is designated as a “legacy sponsor” the student will still be allowed to apply for a visa and join the course (see paragraphs 79 – 85 of the Guidance).
• If a college has previously been refused HTS, it must re-apply for HTS no later than 6 months after the date of the UKBA letter notifying the previous refusal or by 9th October 2011, whichever is the later.
• If a college has not had a licence for 12 months, it must apply as soon as it has had the licence for 12 months. Similarly, if a college has not had an A rating for 6 months, it must apply for HTS as soon as the 6 month point is reached.
• If a college is B rated and the only reason for the B rating is the lack of a full accreditation from one of the previous bodies (e.g. ASIC/BAC); or if you have met the other conditions of your action plan; and the college has applied for accreditation by QAA/ISI by 9th September 2011 then the college can apply for and will be granted an A rating subject to there being no further concerns. The college will then be granted a proportionate number of CAS. At this point the Guidance refers back to paragraphs 179-180 on how the allocation will be calculated, which in turn refers back to the 2010/11 comparative period. This concession does not therefore appear to help those colleges who were allocated zero CAS under the interim limit because they did not issue any CAS during the comparative period.
• If a college has been B rated and has not been A rated for 6 months, the college must apply for HTS as soon as it has been A rated for 6 months.
• An application for HTS can be made up to one month before the due date but the application will not start to be processed until the due date is reached. Colleges should then expect to wait around 12 weeks whilst the application is being processed.
HTS Criteria
• The criteria are divided into the mandatory and measurable as per the consultation document and can be found in paragraph 270 of the Guidance. All calculations are based on the 12 month period prior to the date of the application.
• Refusals (mandatory less than 20%) will be calculated as a percentage of CAS you have assigned over the 12 month period and which students have used to make an application for a visa or leave to remain.
• Enrolment rate (mandatory more than 90%) is the number of students who have been issued with a visa and who have enrolled on the course. So, if 100 students were granted visas and two failed to enrol (so called “no shows”) your percentage would be 98% enrolled.
• Course completion (mandatory 85%) is the number of students whose courses were due to end during the 12 month period but who failed to complete the course. The percentage is calculated as the percentage of all students who were due to complete the course during the period. Note that this is slightly different from the measures above because it relates to those whose courses were due to END in the 12 month period. In some cases they may therefore have been issued a CAS before the start of the 12 month period. Whilst recognising what the UKBA is trying to achieve, in my view this is an unsatisfactory measure as the baseline will vary in accordance with the mix and length of courses run by the college and their recruitment policies. The UKBA also recognises that if no students were due to complete a course during the 12 month period, this criterion will not be assessed. On the positive side, the previous criteria of assessing the number of students who left within a particular segment of a course is not included under the new arrangements.
• The Guidance does not refer to exceptions for where a student has moved to another college or left the UK. We are writing to the UKBA to confirm that these exceptions still apply.
• Course progression. This covers the requirement for colleges to have confirmed academic progression on CAS as required in accordance with paragraphs 371 – 377 of the Guidance.
• If an HTS application scores less than 70 points on the measurable criteria this may be referred to as a near miss and the college will be allowed to submit a further application. The Guidance does not define what constitutes a “near miss”. The consultation document referred to a waiting period of 3 months before re-application but there is no specific timing in the Guidance only that UKBA will write and state when a further application can be made. The Guidance states that if a second application is refused, the college’s licence will be revoked; and if it is a further “near miss”, the college will become a legacy sponsor.
Applications
• A new HTS application form has been published on the UKBA website.
• The form no longer asks for the college to enter details of their percentages under the various criteria. This will in future be done by UKBA.
• The spreadsheet is still available on the website. This does not need to be sent with the application but it is recommended that colleges complete it in case it is requested and also to provide a means of self assessment as we have seen a number of cases where the data used by the UKBA has proved to be incorrect.

Immigration Notes: September 2011

2011-09-05T03:16:00.000-07:00

Immigration Notes: September 2011

Tier 4

Tier 4 visa cuts are to be challenged in court

The Association of UK Private Schools and Colleges has been given the go ahead to challenge government plans to cut student visas. A judge gave the Association of UK Private Schools and Colleges permission to ask the high court to review plans to cut student visas.
Deputy high court judge Charles George, QC, said that the Association could seek a high court ruling. At a preliminary high court hearing in London, he said the association had an "arguable" case for a review. But he thought college bosses would face an "uphill task" in persuading a judge that the Home Secretary had acted unreasonably.

http://www.guardian.co.uk/education/2011/aug/15/colleges-challenge-student-visa-clampdown

Students with International baccalaureate qualifications

Students relying on International Baccalaureate qualifications awarded in July 2011 will not be able to provide their certificates in time to apply for university courses starting in September. Information on how these students can still apply under Tier 4 can be found at
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/57-tier-4?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29

There are currently no similar concessions available for A Level students.

Tiers 1 and 2

Tier 1 (Exceptional talent)

The Tier 1 (Exceptional talent) category of the points-based system is open for applications. This category is for people who are recognised at an international level in the fields of science and arts. The applications for Tier 1 (Exceptional talent) must be made from abroad.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/23-t1et-open?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29

Tier 2: Changes affecting restricted certificate of sponsorship (RCoS) applications

On 1 October 2011 UKBA will be introducing changes to the sponsorship management system (SMS), which will affect the way sponsors apply for restricted certificates of sponsorship (RCoS) in Tier 2 General. The changes will allow sponsors to use the sponsorship management system account to:
• submit applications for restricted certificates of sponsorship;
• withdraw applications for restricted certificates of sponsorship;
• track the progress and outcome of applications for restricted certificates of sponsorship;
• base a new application for restricted certificates of sponsorship on the details submitted in a previous application; and
• view restricted certificates of sponsorship allocation including the number of restricted certificates of sponsorship assigned.
There will be transitional arrangements for moving from the current on-line application process to sponsorship management system, which will affect the way sponsors make an application for restricted certificates of sponsorship between 6 September 2011 and 9 October 2011. The transitional arrangements will also affect the dates by which restricted certificates of sponsorship granted prior to 30 September 2011 should be assigned.
Full details together with a timetable can be found via the link below.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/50changes-rcos?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29

Tier 2: Restricted Certificates of Sponsorship available

The United Kingdom Border Agency figures show that there are 7,000 certificates of sponsorship available to employers under Tier 2 of the points system. 6,223 CAS are carried forward to September, which add to September’s quota of 1,500.

http://www.ein.org.uk/news/over-7000-certificates-sponsorship-available-employers-supply-exceeds-demand

Change to sponsorship methods from 1 October 2011

From 1 October 2011, the UKBA will no longer accept cheque payments for certificates of sponsorship, confirmation of acceptance to study and sponsor applications. They will only accept online payments. The online payment can be made using any of the following cards: Visa (debit or credit), American Express, Delta, Master Card and Maestro.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/51change-sponsorship-payment?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29

General Immigration Matters

Validity of online visa applications

The online visa applications form is valid for 30 days from the date when applicants start the application process online. Applicants must ensure that they prepare their documents, pay their visa application fee and book an appointment before the deadline.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/35-visa-application-validity?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29

Common Travel Area Report

The UKBA has published a report on the new border arrangements at Northern Ireland sea ports. It outlines the emerging findings from the initial review of the new arrangements and it assesses their impact over the period 1 January and 30 April 2011. The conclusion of the report is that these arrangements have been successful in increasing the number of immigration offenders detected. A further assessment will be made during early 2012.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/02-cta?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29

Improved service for booking UK appointments online

The UKBA has launched a new improved online service for booking appointments at public enquiry offices and biometric enrolment centres in the UK. Users create an online account and can then book and reschedule appointments online without needing to phone UKBA. All UK appointments will be available to book online, except those at Belfast public enquiry office where the appointment will need to be made by telephone.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/august/08-booking-appointments

Language tests for partners

The UK Border Agency has published a list of approved providers of English language tests for non-European migrants applying to come to the UK to join or marry their settled partner.
On 26 July, the UKBA announced that English language tests will be compulsory for these migrants from 29 November 2010.
From that date, any migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English, by taking an English language test with one of the UKBA’s approved test providers. The term 'partner' means husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or proposed civil partner. The tests will be compulsory for people applying from within the UK, and for visa applicants from overseas.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/275292/46-english-test-partners

A full list of the approved test providers for partners is available via the following link
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/partners-other-family/english-tests-partners.pdf

Veristat Services

Student Visa applications

We are increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk

HTS applications and immigration support

For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk

Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk

Immigration Notes: August 2011

2011-08-01T02:34:00.000-07:00

Tier 4

Consultation on criteria for becoming a Tier 4 Highly Trusted Sponsor

UKBA has launched a brief consultation on proposed changes to the HTS criteria. The consultation closes on 5th August. We understand that the new arrangements will be introduced during September 2011.The new proposals have mandatory and core measurable requirements.
The mandatory requirements include minimum standards in terms of refusals, enrolment and course completion rates. These are all considerably more generous than the existing criteria. All mandatory requirements must be passed. If an education provider fails on one of the mandatory requirements, it will become a legacy sponsor, will not be able to sponsor new students and will have its licence revoked in April 2011
The core measurable requirements start with a score of 100 points. Points are then deducted according to an education provider’s refusal, enrolment and course completion rates. A minimum score of 70 points must be achieved to qualify. Sponsors failing on the core measurable elements may reapply after 3 months (as opposed to the current 6 months).
Apart from the criteria themselves, one of the key issues is the action proposed by the UKBA if a sponsor does not achieve HTS by April 2012. In the current version of the Tier 4 Sponsor Guidance ((Version 06/11) paragraph 7 of the introduction states that any sponsor not meeting the requirements for HTS by April 2012 “will become a legacy sponsor which means that they will be able to retain and report on their current students”. However, in the consultation document this has now been changed to state that anyone who becomes a legacy sponsor will not be able to continue sponsoring students, will have their licence revoked from April 2012 and that the leave of remaining students will be curtailed. In our view, this in unnecessarily harsh and those education providers who become legacy sponsors should be allowed to retain their students until such time as their leave expires or their courses have been completed.
We would also note a further paragraph in the consultation which states ”A sponsor who has been B rated since 9 April 2011 for compliance reasons and has held its licence for 12 months or more will not qualify for HTS status and will become a legacy sponsor in October, with its licence revoked from April 2012.” We assume this refers to a sponsor who is B rated in October rather than a sponsor who has been B rated for compliance reasons at any time between April and October but, as currently drafted, the paragraph is ambiguous.

Responses should be sent to Tier4HTSReview@UKBA.gsi.gov.uk The closing date is 5th August 2011. We would encourage all sponsors to respond to the consultation and in particular on the issues concerning legacy sponsors. We are aware that many sponsors take the view that there is no point in responding because UKBA has already made up its mind but if you do not respond will equally be in a position to say that the proposals appear to be acceptable to the industry given the small number of responses expressing any opposition or concerns.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/july/28-hts-proposed-criteria?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29

New application forms for Tier 4 and dependants

New versions of application forms for Tier 4 (General), Tier 4 (Child) and dependants under the points-based system have been published. UKBA will only continue to accept applications made on the previous version of each form up to and including 24 July 2011

New list of English language test and providers

A update to the list of English language test and providers includes:
- New test scores for examinations conducted by Pearson
- Clarification concerning the acceptance by the UKBA of the TOEFL test
- New acceptable test certificates for business language testing service (BULATS)
http://tinyurl.com/6znfbwx

QAA Applications

The Quality Assurance Agency for Higher Education (QAA) has published an application form for educational oversight. The form must be returned by midday on 9th September 2011.
QAA will use the application form to:
• Determine the eligibility of an applicant for educational oversight by QAA.
• Provide the UK Border Agency (UKBA) with a list of successful applicants which have met the eligibility criteria for educational oversight and will be scheduled for review.
• Enable QAA to allocate applicants to a type of educational oversight review and develop a schedule of review activity.

The eligibility criteria for being scheduled for a review for educational oversight by QAA are:
• Your organisation is registered at Companies House and/or a registered charity.
• The majority of your students are studying higher education programmes
• You submit in full an application form with supporting documentation and fee by Friday 9 September 2011.

The application also requires a summary of how you use the Academic Infrastructure which will be scrutinised against supporting documentation to assess your initial suitability for review for educational oversight.

http://www.qaa.ac.uk/InstitutionReports/types-of-review/tier-4/Pages/applications.aspx

See under Veristat Services below for details of our HTS and QAA seminar which includes guidance on how to complete the QAA application.

Independent Schools Inspectorate (ISI)

The UKBA has announced that the ISI will inspect further education colleges and language schools. The application form will be published on the ISI website and applications will be accepted from 1st August 2011. As with QAA, applications will close on 9th September 2011. Further information is available on the ISI website http://www.isi.net/private-fe-inspection/

For the latest UKBA announcement on accreditation, other bodies involved and arrangements outside England see the UKBA website http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/july/50-tier-4-sponsors

MPs Criticise Student Changes

The Home Affairs Committee has criticised the Government for rushing plans to introduce changes relating to the entry of international students. The BBC reported the Chair of the Committee as saying: "The Home Secretary's dismissal of the impact assessment is very disappointing. The government appears to be not only making policy without adequate immigration statistics, but also ignoring its own evidence. We reiterate the need for an immigration policy which is both evidence-based and does not adversely affect the British economy." http://www.bbc.co.uk/news/uk-politics-14282538
Meanwhile the Scottish Committee has also warned the Government about the potential damage of tougher student controls on Scotland and its Universities. http://www.bbc.co.uk/news/uk-scotland-14277947

Tiers 1 and 2

Tier 1 (Post study work) and Tier 2 changes

New versions or the application form and policy guidance for Tier 1 (post study work) have been published for applications made on or after 18 July 2011.
As a trainee doctor on a Foundation Programme with permission to stay in the UK under Tier 4, you can switch (as of 18 July 2011) into Tier 1(Post study work) up to 1 month before the end date of your programme.
The changes have also been reflected in new Policy Guidance for Tier 2. New criteria have been added for students wishing to switch from Tier 4 into a Tier 2 category.
For details of all the changes please go to http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/july/30-tier1-psw?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29

Tier 1 (Exceptional Talent)

Under the new Tier 1 (Exceptional talent) category which will open on 9 August 2011, exceptionally talented migrants in the fields of science, humanities, engineering and arts are encouraged to come to the UK. In the first year of operation there will be a limit of 1000 places.
Tier 1 (Exceptional talent) will not need to be sponsored by an employer but will have to be overseen by ‘competent bodies’. These bodies (the Royal Society, Arts Council England, the Royal Academy of Engineering and the British Academy) will advise the UKBA on the migrants wishing to come to the UK in order to ensure that they are the best in their field.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/july/31-t1-et?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29

Other Migration Issues

Consultation on family migration

The Government launched on 13 July proposals to reduce the numbers of sham and forced migration. The consultation will also look at how family migrants can integrate into society and has a closer look at how public interest in removing someone from the UK should prevail over the right to respect for family life. The proposals include:
- A clearer definition of genuine and continuing marriage
- The introduction of a minimum income threshold for sponsors of partners and dependants
- The extension of the probationary period before dependants can apply for settlement from 2 years to 5 years
In 2010 only, 48,900 visas were granted to people on the family route, 40,500 of which were granted on the basis of a marriage, civil or other partnership.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/july/20-family-migration?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29

Veristat Services

Veristat Seminar

Highly Trusted Sponsor (HTS) and QAA Accreditation
11th and 15th August 2011
Venues in London and Manchester

The seminar provides essential, practical tips and information for anyone considering an application for HTS or QAA over the coming months and will cover
HTS
• Making an application
• Preparing for a visit
• New proposals for HTS
QAA
• The QAA review method
• Engaging with QAA
• Making the review application

Programme
09.30 – 10.00 Registration and coffee
10.00 – 10.30 UKBA the current environment
10.30 – 12.00 QAA Accreditation
12.00 – 13.00 Lunch
13.00 – 14.00 HTS
14.00 – 14.30 Q&A and wind up

Speakers

Don Ingham

Don Ingham is a former Director in the Home Office with over 30 years’ experience of immigration control at operational, policy and strategic levels, both in the UK and abroad. He is the Director of Veristat (www.veristat.co.uk) which specialises in working with employers and education providers to ensure compliance with UK immigration legislation. Don has significant experience of working with private sector colleges on compliance issues and in securing HTS. Don is also Director of www.studentvisasuk.co.uk which supports students with their visa applications and in recent months has increasingly been working on behalf of colleges to help students obtain visas, including student visitor visas.

Alan Bradshaw

Alan Bradshaw is a higher education consultant. He founded the ABministration consultancy in 2011 after retiring from nearly nine years with the Quality Assurance Agency for Higher Education (QAA). As an Assistant Director with QAA, Alan managed reviews and audits, conducted degree-awarding powers scrutinies, designed review methods, and designed and delivered training. He has reviewed private higher education colleges and universities in the UK and abroad, and has led a private college. The ABministration consultancy exists to help colleges and universities solve challenges, with particular reference to audit and compliance requirements. ABministration works within a network of higher education advisors.

Cost: £135 plus VAT (£27) TOTAL £162 PER DELEGATE Inc Lunch

How to pay
Paypal Copy and paste the following link into your web browser - https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=TJCBRKHKMYCEG
BACS Veristat Limited
Barclays Bank, Camberley
Sort code: 20-16-99
Account number: 83847012
Cheque Made payable to Veristat Limited and posted to:
Veristat, 51 Munnings Drive, Sandhurst, Berkshire GU47 0FN
Please send payment by Monday 8th August to ensure a place at either event.

How to apply
Email Jamie@veristat.co.uk with the details requested below
Organisation
Name Delegate(s)
Email address
Contact tel. Number
Seminar (enter Manchester or London)
Payment by: (enter payment method – Paypal; BACS; Cheque)

Locations
London America Square Conference Centre
1 America Square
17 Crosswall
London EC3N 2LB

Directions - By Underground
Tower Hill - 1 min walk (District, Circle and Docklands Light Rail Services) On leaving Tower Hill tube station by walking straight out of the exit, turn right and walk for 100 meters past the Grange City Hotel and under the overhead train line bridge where you should turn right into Crosswall. The entrance to America Square Conference Centre is 50 meters on your right through the revolving doors.

Manchester
New College Manchester
85 Piccadilly
Manchester M1 2DA

Approx 5 minutes walk from Manchester Piccadilly station. Located opposite Costa Coffee with entrance in XX Street

If you have any questions please contact Jamie on 08443351619 or e mail Jamie@veristat.co.uk

Student Visa applications

We are also increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk

HTS applications and immigration support

For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk

Student Recruitment: Turkey and South America

We are currently inviting expressions of interest in student recruitment fairs in September in Brazil; and October in Argentina. Full details of the fair service we operate can be found at http://www.veristat.co.uk/studentrecruitment.aspx. We also appreciate that each institution has different requirements so we are more than happy to fit our services to meet your needs. Should you require any further details or wish to book a place on any of the you can visit the link above or email us at enquiries@veristat.co.uk or call on 0161 247 8632.

Veristat Seminars

2011-07-26T07:01:00.000-07:00

Veristat Seminars

Highly Trusted Sponsor (HTS) and QAA Accreditation

11th and 15th August 2011

Venues in London and Manchester

UKBA requires that all education providers achieve HTS status by April 2012 and accreditation by one of the public sector accreditation bodies by December 2012. This process is now active. Private sector education providers must apply by 9th September 2011.

The seminars provide essential, practical tips and information for anyone considering an application for HTS or QAA over the coming months and will cover

HTS

• Making an application
• Preparing for a visit
• New proposals for HTS

QAA

• The QAA review method
• Engaging with QAA
• Making the review application

Programme

Manchester - Thursday 11th August 2011

London - Monday 15th August 2011

09.30 – 10.00 Registration and coffee
10.00 – 10.30 UKBA the current environment

10.30 – 12.00 QAA Accreditation

12.00 – 13.00 Lunch

13.00 – 14.00 HTS

14.00 – 14.30 Q&A and wind up

Speakers

Don Ingham

Don Ingham is a former Director in the Home Office with over 30 years’ experience of immigration control at operational, policy and strategic levels, both in the UK and abroad. He is the Director of Veristat (www.veristat.co.uk) which specialises in working with employers and education providers to ensure compliance with UK immigration legislation. Don has significant experience of working with private sector colleges on compliance issues and in securing HTS. Don is also Director of www.studentvisasuk.co.uk which supports students with their visa applications and in recent months has increasingly been working on behalf of colleges to help students obtain visas, including student visitor visas.

Alan Bradshaw

Alan Bradshaw is a higher education consultant. He founded the ABministration consultancy in 2011 after retiring from nearly nine years with the Quality Assurance Agency for Higher Education (QAA). As an Assistant Director with QAA, Alan managed reviews and audits, conducted degree-awarding powers scrutinies, designed review methods, and designed and delivered training. He has reviewed private higher education colleges and universities in the UK and abroad, and has led a private college. The ABministration consultancy exists to help colleges and universities solve challenges, with particular reference to audit and compliance requirements. ABministration works within a network of higher education advisors.

Cost: £135 plus VAT (£27) TOTAL £162 PER DELEGATE inc Lunch

How to pay

Paypal Copy and paste the following link into your web browser - https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=TJCBRKHKMYCEG

BACS Veristat Limited
Barclays Bank, Camberley

Sort code: 20-16-99
Account number: 83847012

Cheque Made payable to Veristat Limited and posted to:
Veristat, 51 Munnings Drive, Sandhurst, Berkshire, GU47 0FN

Please note that payment must be received by Monday 8th August to reserve a place at either event.

How to apply

1. Please email jamie@Veristat.co.uk with the details requested below
2. Enter the details requested below

Organisation:

Name Delegate (1):

Name Delegate (2):

Name Delegate (3):

Email address:

Contact tel. Number:

Seminar (enter Manchester or London):

Payment by: (enter “Y” alongside chosen payment method)

• PayPal:
• BACS:
• Cheque:

Locations

London - Monday 15th August 2011

London - America Square Conference Centre
1 America Square
17 Crosswall
London, EC3N 2LB

Directions - By Underground
Tower Hill - 1 min walk (District, Circle and Docklands Light Rail Services) On leaving Tower Hill tube station by walking straight out of the exit, turn right and walk for 100 meters past the Grange City Hotel and under the overhead train line bridge where you should turn right into Crosswall. The entrance to America Square Conference Centre is 50 meters on your right through the revolving doors.

Manchester - Thursday 11th August 2011

Manchester - New College Manchester
85 Piccadilly
Manchester M1 2DA

Approx 5 minutes walk from Manchester Piccadilly station. Come out of the main entrance to Piccadilly train station and follow the road towards Piccadilly gardens and the town centre. Approximately 400 yards down this road opposite a NCP car park, the college is located on a side street to your right next to William Hill bookmakers. The entrance is on your right hand side with signs for New College Manchester above.

If you have any questions please contact Jamie on 08443351619 or e mail Jamie@veristat.co.uk

QAA Seminar: 7th July 2011

2011-07-12T01:48:00.000-07:00

The notes below are drawn from a QAA seminar held at Regents College London on 7th July 2011. The meeting was led by senior officials from QAA. The Immigration Minister Damian Green made a presentation and senior officials from UKBA were also present.

Immigration issues

• Both the Minister and UKBA officials made it clear that there would be no changes to the policy of restricting permission to take employment for students outside the public sector system.
• There were strong indications that a new HTS policy would be introduced in September, probably preceded by a short consultation to be published by the end of July.

QAA

Note that in a number of areas it appeared that QAA had still not decided on the detail of their plans. Education providers should therefore check the UKBA and QAA websites for further information.
• The two main review bodies for private colleges will be QAA and ISI. Generally speaking the division will be between those colleges providing courses at or above L4 (QAA); and below that level (ISI). Colleges who are in doubt about where to apply should make preliminary enquiries with one of the bodies to establish which would be the more appropriate.
• The basic concept is one of peer review. Colleges may nominate candidates to act as reviewers (for other institutions) to provide consistency with the public sector. Further information on applying on the QAA website.
• An application form and guidance for review will be published on the QAA website on 18/7/11.
• The closing date for applications will be 9/9/11. There is no guarantee that applications received after this date will be dealt with in time for the cut off in December 2012.
• The application fee is likely to be £1450.
• Applications should be accompanied by the fee and documentation in accordance with the guidance (to be published). Applications will need to meet the basic criteria for the review process. No judgements are made at this stage, only whether the application is complete and appropriate.
• Applicants are likely to be informed by the end of September 2011 whether they meet the basic criteria for review.
• Applicants are likely to be informed by 31/10/201 of the key review dates. Briefing sessions will be held in the Autumn but substantive reviews are unlikely to commence before January 2012.
• The fee for the review is likely to be between £17,000 and £19,000.
• The review itself will be in several stages
o Self evaluation (from which the agenda for the review is derived)
o Documentation
o Preliminary meeting
o 2 day visit by team of 3 people looking at procedures and consistency of practice against quality standards
o Meetings with staff and students
o Draft report
o Final report (published)
• Indications were that the whole process (excluding the initial application) could take 6 months or more.
• QAA are currently considering a 4 year cycle of reviews although the recent Education White Paper encouraged a more risk based approach.
• Applicants should check the QAA website regularly for key dates and further information. QAA has already published information from the seminar which can be found via the following link http://www.qaa.ac.uk/Newsroom/News/Pages/QAA-conference-Tier4.aspx

Seminars

• Veristat is planning to run seminars during August in London and Manchester on HTS and QAA accreditation. The seminars will be led by highly experienced professionals in these fields and will be aimed at giving up to date practical advice and assistance in what are crucial areas for education providers. Further information and dates for the seminars will be circulated shortly.
• The seminars will be offered on a first come, first served basis when the details are published. To register an interest in advance, email maria@veristat.co.uk stating whether you would be interested in a London or Manchester event.

Don Ingham
11th July 2011

Immigration Notes: July 2011

2011-07-04T00:48:00.000-07:00

Tier 4

Reporting Refusals

We are seeing increasing numbers of colleges failing to obtain HTS due to not having reported students who are refused visas as having failed to enrol. Failure to report refusals has also been included as one of the reasons for suspending colleges.
Most education providers had been working on the assumption that as the UKBA had refused the application and already held that information on their own records, there was no requirement for further reporting. Nor was there anything specific in the sponsor guidance that required sponsors to report such cases.

The general understanding was that sponsorship started when an entry clearance or leave to remain was granted. This was the advice which was provided in the past by the UKBA itself and also fitted with the HTS criterion for when a student should be counted as having failed to enrol. Therefore if a student was not “sponsored” until an entry clearance or leave to remain was granted, a student who had been refused an entry clearance was not being sponsored and there were therefore no sponsorship duties that needed to be met. The UKBA also appeared to recognise this position implicitly. We are not aware of any education provider who was advised by the UKBA during a visit of the need to report refusals or of any college where a failure to report refusals was cited as a reason for refusal of HTS or suspension prior to April 2011.

That position has now changed. The UKBA stated in a recent HTS refusal case that “as a student is not required to report the refusal of a visa to the sponsor, the sponsor is still required to report through the SMS when that student fails to enrol. This ensures that all CAS are accounted for either by the student enrolling on the course of study or through a “failed to enrol” report in the SMS.”

Bizarrely, this statement overlooks completely the fact that it is UKBA staff who make the decision and already hold the data on refusals which is information most colleges would wish to have but which is not available to them on the SMS and which UKBA normally refuse to provide on data privacy grounds.

In terms of the Guidance, UKBA refer to paragraph 353 of the July Policy Guidance for Sponsors (Version 06/11) which in talking about reporting students who fail to enrol, now carries an additional sentence at the end which states – “This includes any student you have assigned a CAS to who fails to present themselves to you and enrol by no later than 10 days after this date.” The sentence was first added to paragraph 348 in the April 2011 (Version 04/11) Guidance.

It seems likely that UKBA decisions based on the retrospective application of this “rule” will be challenged in the courts. However, in the meantime, all education providers should ensure that they report all cases of refusal of a visa or extension of stay as failure to enrol.

We suspect that by introducing and emphasising this “requirement”, UKBA is paving the way for a revision of the HTS criteria in September, when refusals will be included under the failure to enrol criterion, possibly with a slight uplift in the percentage.

New document to clarify English language requirements for Tier 4 sponsor s and students

The UKBA has produced a document which aims to clarify the requirements for both students and sponsors. The document provides answers to various frequently asked questions.
http://tinyurl.com/69bpyk9

Accreditation: ISI and QAA

The UKBA has announced that the Quality Assurance Agency for Higher Education (QAA) and the Independent Schools Inspectorate (ISI) have agreed in principle to extend their activities to carry out additional reviews as follows:
- QAA will review:
- listed bodies;
- other private higher education providers offering courses normally awarded in accordance with the Frameworks for Higher Education Qualifications; and
- 'embedded' colleges offering courses as a pathway into higher education.
- ISI will inspect privately funded further education colleges offering courses on the QCF/NQF, and also English language schools.
UKBA discussions are ongoing with the educational oversight bodies operating in Scotland, Wales and Northern Ireland, and also with the other educational oversight bodies involved in the independent schools sector.

The QAA and ISI will publish on their websites the details of the applicable standards and procedural information about how to apply, charges and how reviews will be carried out. Reviews are expected to begin being scheduled from October.
QAA and ISI have set Friday 9 September 2011 as the date by which sponsors seeking educational oversight by the end of 2012 must have submitted an application. QAA and ISI will announce the dates when they will start to accept applications.

A current sponsor who has not had a satisfactory review by one of the approved review bodies and who does not apply by the due date of 9 September will lose the ability to issue new confirmations of acceptance for studies (CASs). Sponsors who do not hold a current satisfactory review and who do apply by the due date will have until the end of 2012 to obtain one. Following an application, a sponsor who receives an unsatisfactory review will lose the ability to issue new CASs.

Some providers offer a mixture of higher education courses (those aligned to the FHEQ) and further education courses (those aligned to the QCF/NQF). Where the character of an institution is predominantly higher education, the QAA will be the educational oversight body, and where the character is predominantly further education, the ISI will be the educational oversight body. QAA and ISI have agreed to develop a memorandum of cooperation to include a means of determining which body will conduct reviews for colleges with mixed provision. The UK Border Agency will review these arrangements at the end of 2012.

The UK Border Agency will consider with the educational oversight bodies the frequency of reviews required for all providers after the initial round is complete. It is expected a risk-based approach will be adopted.
Where current Tier 4 sponsors do not receive a positive review, UKBA will restrict their ability to issue CASs. All reports will be published on either the QAA or ISI website as appropriate.

These arrangements do not apply to colleges not yet in operation. QAA and ISI will publish further guidance on how educational oversight will be applied to new colleges
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/49-oversight-qaa-isi?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29

Clarification for Tier 4 sponsors

Frequently asked questions raised by sponsors are answered in a new document published by the UKBA which can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/t4-review-clarification.pdf

The document covers the following areas:
•educational oversight and accreditation
•Highly Trusted Sponsor status
•the interim limit
•contact details for enquiries about the sponsorship management system
•post-study work
•immigration officers' discretion to refuse
•dependants
•maintenance and low-risk countries
•academic progression

New changes for student visa rules is announced

The first set of rules following the consultation with ended in March 2011 came into effect on 21 April 2011. The new set of changes will come into effect on 4 July 2011.

The new Rules:
-restrict work entitlements to migrants studying at higher education institutions (HEIs) and publicly funded further education colleges only
-restrict the sponsorship of dependants to those studying at postgraduate level at HEIs on courses lasting at least 12 months, and government-sponsored students on courses lasting at least 6 months
-commit to publish a list of financial institutions that UKBA considers, on the basis of experience, do not verify financial statements to their satisfaction in more than 50 per cent of a sample of cases;
-ensure that maintenance funds are genuinely available to the applicant
-restrict the ability to deliver accountancy courses accredited by the Association of Chartered Certified Accountants (ACCA) to those sponsors accorded platinum or gold status by ACCA; and
-clarify the position of overseas universities with campuses in the UK.
http://tinyurl.com/3k94cyx

Tier 2 and 5

Government response on the Home Affairs Committee report on immigration and asylum
Immigration minister Damien Green has responded to a report by the House of Commons Home Affairs Committee on the work of the UK Border Agency. He said:
“We have known for some time that the asylum system we inherited was chaotic............. We are already radically reforming the points-based system and other routes of entry that have been subject to widespread abuse, and will re-introduce exit checks by 2015.” http://tinyurl.com/6ykm4ry

New proposals to cut the link between temporary and permanent migration

The Government has announced plans to break the link between temporary and permanent migration. The proposals are set out in as a consultation which will end on 9th September 2011.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/consultations/employment-related-settlement/

Key proposals under consideration are:
•re-branding Tier 2 (the skilled worker route) as temporary, ending the assumption that settlement will be available for those who enter on this route;
•allowing certain categories of Tier 2 migrant, for example those earning over £150,000 or occupations of a specific economic or social value to the UK, to retain an automatic route to settlement;
•creating a new category into which, after three years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement;
•allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of five years with the expectation that they and any dependants will leave at the end of that time;
•introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement;
•restricting the maximum period of leave for Tier 5 Temporary Workers to 12 months; and
•closing or reforming routes for overseas domestic workers.

UK Border Agency response about visits by artists and musicians

As a result to the media coverage which stated that the UK points system is “inappropriate for short-term visits by artists!” (Phillip Pullman), a UKBA spokesperson said “Creative artists from across the world are welcome to come and perform in the UK. However, as with any visitors to the UK, we expect individuals to meet our entry requirements.” A leaflet for artists and entertainers who would like to perform in the UK has been published and can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/visitingtheuk/entertainer-artist.pdf

New arrangements for skilled workers to extend their stay

The UKBA is in the process of introducing new schemes for skilled workers who arrived in the UK under various work arrangements which have now closed. These new schemes can allow them to stay in the UK for up to 5 years. This additional leave will be granted free of charge.
You can apply if you have been given permission to stay for less than 2 years as:
•a Business and Commercial work permit holder (which includes ICT work permits);
•a Sports and Entertainment work permit holder;
•a Jewish agency employee;
•a member of the operational ground staff of an overseas-owned airline; or
•a minister of religion, missionary or member of a religious order.

Additionally, you must meet the following requirements:
•you applied for, and were granted, leave to remain under Tier 2 through the transitional arrangements in place for migrants in these categories;
•you are still working for the employer who assigned your certificate of sponsorship, and being paid the appropriate salary for your job;
•you intend to continue working for the same employer;
•you currently have valid leave to remain in a Tier 2 category (General, Intra company transfer, Minister of religion or Sportsperson);
•you were granted the maximum period of 3 years' leave to remain under Tier 2; and
•you can prove that you still meet the conditions of your existing leave.
In order to apply for additional leave under these routes, you will have to use the application form T2 (W) which will be published in early August 2011. Your family members will have to use the T2 (W) (Dependant) form.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/june/36-extension-skilled-workers

European Union

European Economic Area: Premium service in Liverpool

The application fees announced in April included a provision to charge for premium services for EEA 2, 3 and 4 applications at the UKBA’s Liverpool office. This has been spotted by a number of potential applicants who wish to avoid having their documents tied up for lengthy periods whilst their applications are under consideration. However, the UKBA is not yet able to provide the service and has issued a statement to the effect that the proposition is still under review.
http://tinyurl.com/42unngf

New application forms for EEA nationals

The UKBA has revised the following application forms EEA1, EEA2, EEA3 and EEA4. These forms should be used by Swiss and EEA nationals who are exercising treaty rights in the UK. Their family members who want to apply for a residence document should use these new forms as well. The new forms should be used for applications made on and after 20 June 2011. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/june/29-new-eea-forms

New application forms for Bulgarian and Romanians

The UKBA has published a new version of the BR1 application form and policy guidance for Bulgarians and Romanians wanting to apply for authorization to work in the UK. The revised form and policy guidance are to be used for all applications made on or after 20 June 2011. They can be found at http://www.ukba.homeoffice.gov.uk/workingintheuk/eea/bulgariaromania/applying/

Veristat Services

Student Visa applications

We are also increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk

Student Recruitment: Turkey and South America

We are currently inviting expressions of interest in student recruitment fairs in August in Turkey; September in Brazil; and October in Argentina. Full details of the fair service we operate can be found at http://www.veristat.co.uk/studentrecruitment.aspx. We also appreciate that each institution has different requirements so we are more than happy to fit our services to meet your needs. Should you require any further details or wish to book a place on any of the you can visit the link above or email us at enquiries@veristat.co.uk or call on 0161 247 8632.

HTS applications and immigration support

For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk

Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk

Immigration Notes: June 2011

2011-06-01T02:27:00.000-07:00

HTS: New Application form and Guidance

We have had a number of enquiries from colleges following the publication of the new HTS application form valid from 21st April and revisions to the HTS guidance on the UKBA website. The problem is the apparent conflict between the information on the HTS application form and UKBA website; and the HTS criteria as included in the new Sponsor Guidance, particularly in respect of refusals.
The application form and website both state that refusals should be counted under failure to enrol. However, the HTS criterion relating to failure to enrol, refers to students who have no intention to study and states that it applies where students have used a CAS issued by the sponsor and who have entered or remained in the UK but have not enrolled with within 1 month of the course commencing. This criterion clearly does not apply to students who have been refused, not least because they will not have entered the UK.

We have been in touch with the UKBA and asked them to confirm that refusals will not be considered by the UKBA as contributing to the 2 percent limit for students who fail to enrol in accordance with the criterion. UKBA replied that students that are refused are not counted under the failed to enrol percentage as this percentage is only for students issued with leave to enter or remain. The UKBA will also look at updating the information on the website.

The advice on the website also refers to students who have missed 10 expected contacts as being included in the figures for students who have failed to complete the course. However, the Sponsor Guidance allows for a student who has missed 10 contacts to be taken back by the college. We therefore also wrote to UKBA asking them to confirm that students who are taken back by a college will not count against a college for HTS purposes. UKBA replied that they will assess the application based on the last report received by the institution. Therefore if the last migrant reporting was ceased study, the student will count. However, if the last report indicates that the institution is now sponsoring the student, they won’t count.

Reporting refusals

We are also aware that a number of colleges are being told that they must now report refusals and asked the UKBA for their comments.

Paragraph 348 of the new Sponsor Guidance covers failure to enrol and states that a sponsor must report any student to whom a CAS has been issued and who fails to present themselves and enrol no later than 10 days after the end of the prescribed enrolment period. Previously, this was considered not to relate to refusals on the basis of advice from the UKBA that a student does not become a sponsored student until granted an entry clearance or leave to remain. However, the UKBA has now stated that once a CAS has been assigned and used in a leave application, reporting duties are conferred on the sponsor. Therefore refused students need to be reported as failed to enrol. We have some reservations about this advice and will be exploring it further but in the meantime Colleges will wish to note the formal advice provided by the UKBA.

Tier 2: Restricted COS

Under the new Tier 2 Rules, Certificates of Sponsorship (COS) were divided into two groups, restricted and unrestricted. Restricted COS are for people who are currently overseas who do not already have permission to live and work in the UK. A monthly limit is applied to the number of COS that can be issued. Whilst many employers were concerned that these arrangements would limit their ability to recruit new staff from abroad, the figures published by the UKBA for the first two months of the scheme (April and May) show that all applications have been successful and that a large number of the COS available were unused. Unused COS are rolled forward to the following month.

April 2011

The first monthly allocation took place on 11 April 2011. All valid applications received by 6 April 2011 were successful if they scored at least 32 points.
Certificates of sponsorship set aside from annual limit for allocation in April 4,200
Certificates of sponsorship granted in April allocation 1,019
Balance of certificates of sponsorship carried over to May 3,181

May 2011

The second monthly allocation took place on 11 April 2011. All valid applications received by 6 May 2011 were successful if they scored at least 32 points.
Balance of certificates of sponsorship carried over from April 3,181
Certificates of sponsorship set aside from annual limit for allocation in May 1,500
Certificates of sponsorship returned or reclaimed between 7 April and 5 May 2011 3

Certificates of sponsorship granted by exceptional consideration outside the monthly allocation, between 7 April and 5 May 2011 18
Certificates of sponsorship available for allocation in May 4,666
Certificates of sponsorship granted in May allocation 781
Balance of certificates of sponsorship carried over to June 3,885
Certificates of sponsorship available for allocation in June 5,365
http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/employingmigrants/apply-for-restricted-cos/allocations/

Appeals

On 19th May the Immigration Minister announced that Section 19 of the UK Borders
Act 2007 would come into force on 23 May 2011. Section 19 restricts the evidence an appellant can rely on at such an appeal to that which is submitted to and considered by the UK Border Agency in support of an application. Section 19 will restrict the type of new evidence that can be taken into account by the Tribunal. The UKBA claims that around two-thirds of PBS appeals allowed by the Tribunal are due to the submission of further evidence at appeal. The Government sees this as a misuse of the appeals system as a free second application process and stated that it is not right that the taxpayer should foot the administrative and appeals bill where this information should have been put forward as part of the original application or where a second application including all the necessary information (for which we will charge) is the most appropriate route to securing a grant of leave.

The Commencement Order will come into force on 23 May and will apply to all appeals heard for the first time against refusals of applications to remain in the UK under the Points
Based System, regardless of the date that appeal was lodged. Appeals that have been part or fully-heard by the First-tier Tribunal (Immigration and Asylum Chamber) by this date will not be affected.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/wms-section-19.pdf

The changes will clearly make some refusals less appealable and place a greater onus on applicants and sponsors to ensure that applications are correct in the first place.

Independent Chief Inspector report on Scotland and Northern Ireland

On 20th May, John Vine CBE QPM, the Independent Chief Inspector of the UK Border Agency, published three reports focusing on the UKBA’s operations in Scotland and Northern Ireland: border operations, countering abuse of the Common Travel Area, and the Agency’s representation at first-tier appeals in Scotland. Full details can be found via the following link.
http://icinspector.independent.gov.uk/news/

British Council to introduce “Education Intelligence”

British Council will unveil its plans for a global service devoted to international higher education at the NAFSA 2011 Annual Conference which is held in Vancouver, Canada, from 29 May – 3 June 2011. This market intelligence service aims to provide research and analysis about trends in international higher education to policymakers, education providers and individuals. This will help education providers to know more about the trends in student mobility flows and current national policies in order to make good decisions.
http://www.prweb.com/releases/2011/5/prweb8470025.htm

Veristat Services

Student Visa applications

We are also increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk

Student Recruitment: Turkey and South America

We are currently inviting expressions of interest in student recruitment fairs in August in Turkey; September in Brazil; and October in Argentina. Full details of the fair service we operate can be found at http://www.veristat.co.uk/studentrecruitment.aspx. We also appreciate that each institution has different requirements so we are more than happy to fit our services to meet your needs. Should you require any further details or wish to book a place on any of the you can visit the link above or email us at enquiries@veristat.co.uk or call on 0161 247 8632.

HTS applications and immigration support

For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk

Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk

Our Activities

2011-05-31T02:15:00.000-07:00

The ‘Others’ in Europe and Beyond
International Conference, Université Libre de Bruxelles
28-29 April 2011

http://is.ulb.ac.be/uploads/pdf/brochure.pdf

Impressions

Veristat attended the international conference “The “Others” in Europe and Beyond” which took place at the Free University of Brussels during 28-19 of April 2011. We had the chance to listen to world-leader academics and policy analysts tackling the topic of migration from a theoretical point of view.

Why did Veristat attend this conference?

Our reason to attend this international conference was twofold. We wanted to find out more about ways we could improve migration policies in. We also wanted to see how migration is interpreted at a sociological and psychological level. In a nutshell, we were interested in the theory behind the practice of migration.

Description and Objectives of the Conference

In Europe, social and political debates related to immigration are seen in terms of belonging and identity. The ‘outsider’ or the foreigner is no longer defined only by their place on the labour market. The immigrant is seen in terms of challenges they can bring to the host country in terms of social citizenship. In that respect, “otherness” does not refer to non-EU membership anymore, but to ethno-cultural minority groups (who may or may not have EU citizenship).
The conference aimed to address the construction of identity at the basis of new forms of inclusion and exclusion in the EU.

Main areas covered:

- Intercultural relations
- Racial and ethnic prejudice in the US
- African Diaspora in Belgium
- Canadian multiculturalism in question
- Civic integration courses in the Netherlands
Below an overview of the first talk on the session, on “Intercultural relations”
Intercultural relations in plural societies: a comparative perspective (John Berry, Queen’s University – Kingston)
- Intercultural psychology is based on acculturation (changing lives) and intercultural relations (the contact with foreigners).
- Cross-cultural psychology is arguing that there are psychological differences between groups with different ethnic backgrounds
- Intercultural strategies put forward two strategies: maintaining heritage culture and identity to sustain cultural communities and participation with other groups in the daily life of the larger society
Moreover, Prof. John Berry looked at three notions which he defines as follows:
- Integration = cultural maintenance and involvement as a member of the host society, not of the original society
- Melting pot = immigrants are allowed to maintain their own culture, but do not mix with other cultures or the majority
- Multiculturalism = positive orientation towards cultural diversity, equity and engagement. It is seen to have failed in some societies because it led to segregation.

Conclusion

The conference provided us with an insight into the theory behind the policy of immigration, especially sociology and psychology. This can be crucial when dealing with immigrants, since their culture should be taken into account in order to understand them better. However, the conference failed to provide us with recommendations concerning which current migration and integration policies can be improved in.

Our Activities

2011-05-24T02:30:00.000-07:00

Training 15th of March with Migrants Supporting Migrants
“Working to advance the welfare and rights of migrants in the UK”.

During the 3 hour training I gave with my manager from the charity Migrants Supporting Migrants, we focused on migration awareness. More precisely, the training looked at “Working to advance the welfare and rights of migrants in the UK”.

Objectives:

The participants should be able to
• Identify which groups make up the national and local population of migrant workers
• List some of the common experiences of migrant workers in the UK
• Identify issues around which migrant workers may need advice, and barriers they face
• Suggest ways to challenge some of the myths surrounding migrant workers

Summary

• There are now about 214 million people (out of 6 billion) living outside their place of birth - more than at any point in history (IOM 2010)
• Glossary
- Migration – international movement of people
- Net migration – the number of people leaving and entering a country (to settle)
- Emigration (emigrants) – the process of leaving the country of origin
- Imigration (imigrants) – the process of settling in a host country
- Asylum seekers - Someone who has lodged an application for protection
- Refugees – Someone who is granted asylum. Refugees and asylum seekers are people who have been forced to flee their home country due to persecution or political violence. Refugees have had their claim recognised under the UN charter, asylum seekers are still going through the process, most are not allowed to work.

• Reasons for migration
- Labour migration to escape extreme poverty and to send remittances back to the country of origin
- Education
- Discovery of another culture
- Forced migration

• Overview of the UK
- The UK operates a managed migration policy based on the points based system
- In the past months, the focus has been on reducing the number of immigrants. The Office for National Statistics has released new numbers which show that in 2010, approximately 572,000 people entered the UK on a long-term basis and 346,000 emigrated. That means that net migration (the numbers of people entering the UK and those leaving the UK) has risen by 36%.

• Learning from MSM work. Migrants need:

- Information in their first language about Rights and Responsibilities in the UK, and how to access services
- Good quality, tailored services (one to one support)
- Work long hours, so they find it hard to access services during the day => Workshops and meetings held in the evenings and weekends
- Very little support available for migrant workers who lose their jobs, many are homeless and destitute
- Migrant Workers currently get support through faith groups, ESOL classes and informal ‘community leaders’ with better English
- Engaging these informal ‘leaders’ is a good way to access different communities
- Flexible/new ways of working are needed to involve both men and women, younger and older people
- Partnership work is essential
Recommendations:
• English classes
• Spatial desegregration
• Mentoring – 1 to 1 support
• Mapping
• Get the migrants involved in community projects.
• Classes on cultural clash

(This briefing expresses the views of the author. Claudia Paraschivescu - Researcher and Immigration Adviser Claudia Paraschivescu - Researcher and Immigration Adviser)

European Citizenship and Mobility, Interrelations and implications
http://www.european-intercultural-forum.org/index.php?option=com_content&view=category&layout=blog&id=19&Itemid=33

Berlin 12-16 January 2011

Impressions

We attended a conference on European Citizenship and Mobility which took place in Berlin during 12-16 January 2011. Besides taking part at various workshops and debates, we also visited an NGO and we had the chance to meet people from various European countries, such as Germany, Czech Republic and Poland who work either for NGOs focusing on mobility from an European point of view or for the national ministries. We consider ourselves to be lucky to have attended it and we think that it has been an extremely enriching experience from a cultural and political point of view.

Why did Veristat attend this conference?

The reason for us to attend this conference was twofold. As we deeply believe that migration is here to stay, we also promote the idea that a well-informed person is someone who constantly interacts with people of different origins and backgrounds. Secondly, we think that the world of migration is made up of never ending flows of people and policies. We attended this conference to learn more about current debates around this concept and how it may ‘affect’ or not the world we live in.

Description

The project was funded by the European Union’s “Europe for Citizens” and it was managed by the European Intercultural Forum from Germany. The partner countries were the UK, Germany, Poland and the Czech Republic. Its main aim was to foster discussions and debates on mobility and migration within the EU and promote the idea of European citizenship and its role in an era of migration. During the five-day conference, we looked at the reasons, consequences and challenges of migration in the EU, EU mobility programmes and EU citizenship.

Objectives

In the context of the debate and dialogue on European citizenship and mobility, this conference aimed at:
- Promoting dialogue about the reasons, consequences, challenges and policy responses of migration within the EU
- Fostering debate and reflection on the impact of mobility in the EU
- Presentation of successfully implemented initiatives fostering European citizenship and the debates during the conference in a conference paper in February 2011.

Areas covered

Together with the group we were part of, we looked at various aspects of the migratory process. Using the brainstorming method, we identified the challenges and the consequences of migration. We also looked into depth at national policy responses and the social pillar of the European Union regarding migration.

a. Challenges and consequences of migration

Migration has a big impact on our society. We identified four main levels at which migration is seen as ‘challenging’ the ‘behaviour’ of various actors.

Sending country
-‘brain drain’
-underdevelopment of the country because no foreign direct investment since no emphasis on R&D
-remittances sent to the country of origin – help to improve the wellbeing of receivers (or help to create geographical segregation)
-families break up, children are taken care of by grandparents -

Receiving country
-‘brain gain’
-the notion of social citizenship is challenged as rights do not apply to nationals only
-the notion of loyalty and belonging

Global level
-The increase of the number of flight companies
-the increase of flight routes
-the creation of new technologies (Eg: Skype)

Personal level
-identitary frustration
-creation of a third place which is in-between the sending and the receiving countries.

b. National policy responses

Across Europe, EU policy on migration tends to be exclusive and open-door, whereas nation-states tend to promote an inclusive policy. In that respect, during the conference, we outlined three trends the changes in national policies. These are:
- Raise in right-wing parties across Europe (Eg.: the Netherlands, Sweden, France)
- Administrative removals of citizens holding the nationality of a EU member-state (Eg.: the removal of Romanian and Hungarian Roma from France)
- The tightening of migration laws and the cap of workers (the UK)

c. Social pillar of the EU and the nation-states

We identified three buzzwords which helped us to better understand the social dimension of the EU related to migration. These are:
- Community
- Integration
- Linguistic, social and intercultural exchange
In that respect, the EU should promote the absorption of migrants by nation-states through a process of intercultural exchange between foreigners and locals. This could be achieved through
• workshops (art workshops) which would bring together representatives of the majority and minorities
• a tutor system which would enable the immigrants to gain an insight into the receiving country.
A more rigorous follow-up of EU funds and transparency are therefore necessary in order to ensure that it is properly used.

Conclusion

This conference, which aimed to foster a debate amongst migration practitioners, met its preliminary objectives. It brought together various practitioners from 5 different countries who engaged in a debate on European citizenship and migration in the EU. The output of the conference is a publication which will be released in February 2011.

(This briefing expresses the views of the author. Claudia Paraschivescu - Researcher and Immigration Adviser)

Immigration News: May 2011

2011-05-03T01:08:00.000-07:00

Changes to the Immigration Rules: the Ongoing Debate

The changes to the Immigration Rules that came into being on 21st April 2011 remain a major subject of discussion. Some bodies such as the newly formed Association of UK Private Schools and Colleges http://www.aukisc.co.uk are reported to be pursuing legal action; others such as Study UK have decided against legal challenge but are working behind the scenes with BIS, UKBA and others to secure concessions whilst also encouraging members to lobby their MPs; and some smaller groups and individual colleges are contemplating legal action on issues that particularly affect them.
There are a number of issues involved in the current debate which it is useful to identify and address separately.

Firstly there is the position of colleges whose licence was granted around the turn of the year and who have been allocated zero CAS because they were unable to issue any CAS that resulted in the successful issuing of visas before 28th February 2011.
This group has clearly been disadvantaged. Had they been granted a licence a few months earlier they would have been able to demonstrate a history of successful CAS and visas issued and been granted an allocation. Equally, had they been granted a licence after 28th February 2011, they would have benefitted from the new formula.
However, in many cases it was simply not possible for these colleges to issue a CAS resulting in the successful issue of a visa before 28th February due to the time taken by the UKBA in processing applications. Also, the UKBA has described the period during which they did not issue a CAS successfully as commencing from the date of issue of the licence whereas in most if not all cases, the colleges had an action plan and were not able to issue CAS until after their payment for the action plan had been processed.
As a result, the UKBA (whether intentionally or not) has created a situation whereby a small group of colleges have been clearly disadvantaged and put in place a barrier to the continuation of their businesses that they could not possibly overcome. The easiest solution would of course be for the UKBA to treat colleges who find themselves in this situation in the same way as colleges who applied after 28th February but before 21st April and who the UKBA recognise where not in a position to meet the requirements on CAS issued during the relevant period. In practice, these colleges are in exactly the same situation.

A second issue is the change to the Immigration Rules to state that only A rated colleges can issue CAS. There are indications particularly in some parts of the wording of the Statement of Intent that this was intended to apply to colleges that had been downgraded rather than colleges that had been issued with a B rating as a normal consequence of being a new college awaiting a stage 3 accreditation. In the early days of PBS many colleges in this position would have been granted an A rating immediately and the change to awarding a B rating initially did not necessarily suggest that the UKBA had any concerns about the college. Again it is unclear whether this was a deliberate and thought through policy but the result is that colleges are being severely disadvantaged by the UKBA having moved the goalposts.

This issue is, however, slightly different in that colleges do have a remedy available by requesting BAC or ASIC to complete their stage 3 accreditation. Our understanding is that both bodies are undertaking stage 3 accreditations and the UKBA will still recognise them. There are suggestions that even if a college achieves stage 3 accreditation, the UKBA is indicating that it may be many months before they can arrange a visit to upgrade the college. However, there is of course no requirement that a college must be visited before being upgraded and it is doubtful whether the courts would be sympathetic to any unreasonable delay on the part of the UKBA which prevented a college from conducting its business.

The policy of only allowing A rated colleges to issue CAS is a fundamental aspect of the UKBA’s new approach which will require a hard fought legal battle to overturn. Again, the simple solution would of course be for the UKBA to upgrade all colleges to an A rating where the only issue in the action plan is one of accreditation and then to visit colleges over a period and if necessary downgrade.

Whilst attention is (rightly) being focussed on the changes since the 21st April, colleges should not lose sight of the further changes set out in the Statement of Intent as coming into play from July and in particular the restrictions on students in private sector colleges taking employment, as opposed to those in public sector institutions. This is clearly unfair given that some colleges are providing exactly the same course leading to the same award as a university. A number of commentators have opined that any such action would be in contravention of EU competition laws and may also constitute discrimination on racial grounds. Colleges and other stakeholders should not wait for the changes to happen and allow an excuse to be created that there has been little opposition to a change which has such far reaching implications both for colleges and the wider economy. Study UK has suggested a simple but effective question for colleges to pose to MPs or encourage them to ask: "Why should Student X and Y studying the same degree at a UK University and private sector partner college be treated differently; one allowed 20 hrs work, the other no work?”

Marriage

On 4 April 2011 Parliament approved the Remedial Order that will abolish the certificate of approval scheme. This means that the scheme will end on 9 May 2011. At present, any migrant who is already in the UK and is subject to immigration control must apply for a certificate of approval before they can get married or register a civil partnership in this country (unless they are getting married within the Anglican Church).
The requirement to give notice in a designated register office is not affected by the abolition of the certificate of approval scheme. The requirement will remain in force when the scheme is abolished.

The Church of England has also announced that it will be tightening up on so called sham marriages with clergy no longer being vulnerable to charges of misconduct if they refuse to conduct a marriage they believe not to be genuine.
http://www.bbc.co.uk/news/uk-13044322

Settlement

Skilled and highly skilled migrants must now pass the Life in the UK Test if they want to demonstrate that they have met the “knowledge of language and life” requirement for settlement in the UK. From 6 April 2011, migrants in these categories can no longer meet the requirement by passing an English for Speakers of Other Languages (ESOL) qualification, unless they are applying for settlement under UKBA’s transitional arrangements which are, that if you enrolled on an ESOL course or gained an ESOL qualification before 23 November 2010, you can rely on that ESOL qualification in any applications for settlement, regardless of the date of your application. However, if you enrolled on an ESOL course on or after 23 November 2010, you will need to pass the Life in the UK Test if you apply for settlement on or after 6 April 2011

Tier 2

Under the new annual limit, employers will only be able to bring 20,700 non-EU workers under Tier 2 (General). An 1,000 visas will be made available to people of ‘exceptional talent’ who experts believe will make the biggest contribution to science and the arts in the UK. Prospective workers will need to have a graduate-level job offer, speak an intermediate level of English and meet specific salary and employment requirements. Those earning a salary of £150,000 or more will not be subject to the limit.

The Intra Company Transfer route (ICT), which is not part of the annual limit, will also be changed in 3 ways:

- the job will have to be in an occupation on the graduate occupation list;
- only those paid £40,000 or more will be able to stay for more than a year - they will be given permission to stay for 3 years, with the possibility of extending for a further 2 years; and
- those paid between £24,000 and £40,000 will be allowed to come to the UK for no longer than 12 months, at which point they must leave the UK and will not be able to re-apply for 12 months
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/april/07annual-limit-immigration?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29

English Language test Providers

The UKBA has published a new list of approved English language test providers for:
- applications under Tiers 1, 2 and 4 of the points-based system; and
- applications by spouses and partners.
There are also a number of transitional arrangements.
- If you apply under Tier 1 or Tier 2, and the UKBA receives your application on or before 17 May 2011, you can demonstrate your English language ability using a test (whether booked or taken) that is on the relevant existing list of approved tests. From 18 May 2011, only tests on the new list can be used to demonstrate your English language ability as part of a Tier 1 or Tier 2 application.
- If you apply as a spouse or partner, and the UKBA receives your application on or before 17 July 2011, you can demonstrate your English language ability using a test (whether booked or taken) that is on the existing list of approved tests for partners. From 18 July 2011, only tests on the new list can be used to demonstrate your English language ability as part of a spouse or partner application.
- There are no transitional arrangements for Tier 4 of the points-based system.
- From 6 April 2011, you can demonstrate your English language ability using a test (whether booked or taken) that is on the new list of approved tests. http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/new-approved-english-tests.pdf

Kenyan students chose to study abroad

Because of the poor quality of Kenyan education, most students would prefer to study abroad, where prestigious education institutions guarantee quality learning. A recent survey found that 57% of the students polled said that they would prefer to study in a foreign university. Government statistics show that in recent years, the number of Kenyans issued with student visas has been rising. Top destinations are the US, the UK and Australia. http://www.universityworldnews.com/article.php?story=20110409153209817

Veristat Services

Student Visa applications

Following requests from clients, we have launched a new visa application service for students under www.studentvisasuk.co.uk Student VisasUK is part of Veristat and will offer the same high level of professional service as we have been providing to corporate clients. The new service specialises in providing advice and support to students both in the UK and abroad when applying for a visa to study or an extension of stay.
We are also providing a number of colleges with visa services for all of their students at discounted rate as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area contact us via our website at www.studentvisasuk.co.uk

Student Recruitment: Africa

We are currently inviting expressions of interest in student recruitment fairs in June in Accra, Ghana as well as in Abuja and Lagos, Nigeria. in June. The fairs are targeted specifically at students who wish to study abroad therefore providing the perfect opportunity to showcase what your institution has to offer. Africa has been identified as the second largest market source of international students and the UK is seeing increasing numbers of African students coming to study. This coupled with the current emphasis to recruit more international student’s means that now is the best time to have your institution represented in countries such as Ghana and Nigeria.

Full details of the fair service we operate can be found at http://www.veristat.co.uk/studentrecruitment.aspx. We also appreciate that each institution has different requirements so we are more than happy to fit our services to meet your needs. Should you require any further details or wish to book a place on any of the fairs including the upcoming fairs in Africa you can visit the link above or email us at enquiries@veristat.co.uk or call on 0161 247 8632.

HTS applications and immigration support

For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk

Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk

Immigration Notes: April 2011

2011-04-03T07:23:00.000-07:00

Changes to Tier 4 Student Rules

On 22 March 2011, the Home Secretary announced a number of changes to the current Tier 4 student system. This was followed on Thursday 31st March by the publication of 4 documents:

• The Immigration Rules which is the legislation introducing the changes
• An explanatory statement of the Rules
• A Statement of Intent setting out the Government plans for further change
• Sponsor Guidance covering the detail of how the changes will be implement but also including some additional minor changes to the previous Guidance.

The new Rules come into force on 21 April 2011 and until then are subject to Parliamentary scrutiny. An impact assessment is still to be published.
The changes will inevitably have a significant impact on education providers in the UK at all levels. Not surprisingly, a number of organisations are planning to challenge the new legislation and policy and Veristat in partnership with Quist Solicitors have been advising not only on the legal aspects but also on a holistic approach to challenging the changes. In parallel we have been working hard with both existing and new clients helping them achieve HTS.

Interim Limit

The key change for education providers being introduced under the new Rules will be the interim limit. This will apply to all private sector providers (because they are outside the public system of review and audit) and public sector providers who are not HTS. All education providers sponsoring students under Tier 4 will require HTS by April 2012 and accreditation by one of the public accrediting bodies by December 2012. However, currently neither of the best known public bodies (OSTED and QAA) claim to know anything about the proposed changes or how they will be implemented.

Under the interim limit, as from 21 April, all current CAS allocations will be withdrawn although there is nothing to prevent colleges continuing to issue CAS from their current allocation until that date. From 21 April 2011, a new CAS allocation will be made based on the number of CAS issued during the period 1 March 2010 – 28 February 2011 which have resulted in a successful application for either a visa of extension of stay. Due to the time taken by UKBA to process an application, in practice this suggests the relevant period might only be around 9 months because of the time that needs to be allowed for a decision to be reached on the application.

For colleges who had a licence for only part of the period, the UKBA will use a multiplier to cover the full 12 month period which in the light of the requirement to base the figure on the number of successful CAS issued, may place newer colleges in a better position than those who have been operating for a full year.

Where a sponsor did not have a licence for the period 1 March 2010 – 28 February 2011the interim limit will be the number of CAS allocated less 26% which the UKBA sees as the average number of refusals, a figure previously unpublished.

Where the figure for the last year is zero, the allocation under the interim limit will also be zero which potentially affects colleges whose licence happened to be issued during the early part of this year and who did not have an opportunity to issue any CAS successfully before 28 February 2011.

Also under the new Rules, only colleges who are A rated will be able to issue CAS to new students, despite the fact that current UKBA Guidance states that all new colleges will normally be B rated.

A number of these points appear to be blatantly unfair and open to challenge either legally or by lobbying and together with our partner Quist Solicitors we would be pleased to discuss how we may be able to support colleges or organisations in any of these areas.

Statement of Intent

The statement of Intent covers further proposed change including restrictions on employment; dependants; the length of time a student can study in the UK; and the ending of the post study work provision in March 2012. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/sop4.pdf
The implication is that some or all of these areas remain undecided and that a further set of Rules will be published in a few months. The Guardian reported in early March that David Willetts, the universities minister had told the Home Affairs Select Committee that the areas on which the coalition were most undecided were regarding post study work and ability of spouses of students to work in the UK. http://www.guardian.co.uk/education/2011/mar/03/ministers-limit-international-students

This again provides an excellent opportunity for challenge through lobbying and one on which we will continue to work together with Quist Solicitors.

Home Affairs Committee Students

The Home Affairs Committee has published the report on its findings following the consultation on student visas. The Committee found that international students are “of vital importance” to the British economy.They also concluded that a cap on student visas is “unnecessary and undesirable” and that students are not migrants, even if the UN requires students to be included in migratory flows.
The full report of the Home Affairs Committee on student visas can be found at http://www.parliament.uk/business/committees/committees-a-z/commons-select/home-affairs-committee/news/110317-student-visas-release/

Tier 2 and Tier 5

New Codes of Practice for sponsored skilled workers are being published and 8 occupations are being removed from the shortage occupation list.

The Worker Registration Scheme

The Worker Registration Scheme introduced in 2004 for the so-called A8 countries (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia) will close on 30 April 2011 so that A8 nationals will have access to the labour market on the same terms as other EU nationals (except Bulgarians and Romanians). http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/march/24-wrs-closure

Settlement

The rules for settlement will change on 6 April 2011. The changes include:

• A new criminality threshold
• A new income requirement
• Reform of the English language requirement
• A fast route to settlement for Tier 1 (investor) and Tier 1 (Entrepreneur) who meet the criteria
• http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/42-settlement?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29

Report on Amman and Istanbul visa sections

The Independent Chief Inspector of the UKBA has issued a report following inspections of the UKBA visa operations in Amman and Istanbul. The report‘s findings identified:

• Problems with the quality and consistency of decision making
• Applications incorrectly refused on the assumption that the documents provided were false.
• Failure to retain important supporting documentation.
• Case working notes impossible to understand.
• Applicants refused on the basis of requirements that were not clear to them when they applied for their visas.
• Key evidence provided by applicants ignored.
• On the positive side the Chief Inspector saw evidence of effective working with stakeholders and (Istanbul) identified good examples of effective decision making, well-structured refusal notices and initiative to enhance service quality.
• http://icinspector.independent.gov.uk/wp-content/uploads/2011/02/An-inspection-of-UKBA-visa-section-in-Amman-Jordan.pdf

News from abroad

Worldwide Increase of the number of international students

The number of international students around the world is continuing to increase. UNESCO has reported an annual increase of 12% per year with an increase of more than 75% since 2000. According to the Institute of International Education, the US is the primary destination, with 691,000 students who bring around £12.3bn to the American economy. The top three sending countries are China, India and South Korea.

The UK is the second biggest destination for international students. However, the British Council has revealed that there are more students taking UK degrees in their home countries than there are international students coming to the UK. http://www.bbc.co.uk/news/business-12671198

China

China is the major sending-country of students abroad. In 2009, 229,300 Chinese students went to study abroad. However, China is also becoming a major recipient of international students. In 2008, there were over 200,000 international students in China and the figures are increasing year on year. According to the outline of China’s National Plan for Medium and Long-Term Education Reform and Development (2010-2012), China aims to become the biggest receiving country of international students. http://www.universityworldnews.com/article.php?story=20110325202603176

Veristat Services

Student Visa applications

Following requests from clients, we have launched a new visa application service for students under www.studentvisasuk.co.uk Student VisasUK is part of Veristat and will offer the same high level of professional service as we have been providing to corporate clients. The new service will specialise in providing advice and support to students both in the UK and abroad when applying for a visa to study or an extension of stay. Our charges are open and clear and if students fail to get their visa, we will give them back the money they paid for our services. For further information see our website at www.studentvisasuk.co.uk

Partnership with Quist Solicitors

We are delighted to announce a partnership between Quist Solicitors and Veristat. Between us we have advised over 200 institutions, reduced costly and damaging immigration compliance risks and assisted with licence applications. In partnership we will deliver solutions for businesses and education providers, bringing our combined experience, knowledge, skills and contacts to provide a pro-active immigration risk management service.

Quist is led by Akhtar Raja a solicitor with over 20 years’ experience. Widely considered by major private colleges as the leading firm in the field of sponsor regulatory work, Quist has advised numerous institutions and built a unique experience-base in successfully steering colleges through complex and potentially damaging investigations, applications relating to their licences and where necessary, litigation.

Our strategy is to give our full commitment to achieving the best possible and most cost-effective outcome for individual institutions. We tailor strategies by combining legal challenges or the prospect of legal challenges against the UKBA with focused negotiations and ensuring future compliance. http://www.quistlaw.com/

HTS applications and immigration support

For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk

Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk

Immigration Notes: March 2011

2011-03-01T06:13:00.000-08:00

Damian Green speaks on UK Immigration and Students

Immigration Minister Damian Green gave a speech to the Reform Think Tank on 1 February 2011 marking the end of the consultation period on students. The speech covered the full range of government policy on immigration but interestingly, the section on students concluded with the Minister highlighting the following 4 points for the future:
• that only providers who are Highly Trusted will be able to offer courses below degree level (NQF level 6)
• that we create a stricter system of accreditation and inspection for those providers not regulated by OFSTED
• that all tier 4 students should speak English at upper intermediate level on the European reference framework (bearing in mind the minimum level of course in tier 4 is A-level equivalent and above)
• to increase the ratio of classroom study to work on courses with a work placement component
Whilst these points cannot represent a firm policy until responses received under the consultation have been fully considered, they do provide a strong indicator of the way Government is thinking.

On Post Study Work the Minister stated: “At a time when graduate unemployment is at its highest level for seventeen years we need a more targeted approach. I proposed in the consultation that students should still be able to switch into tier 2 jobs, but they must have an offer from a sponsor rather than having unfettered access to the UK labour market for two years through the Post Study route, competing for jobs with the hundreds of thousands of unemployed UK graduates. We will consider the options, for example reducing the length of time that graduates can seek skilled work in the UK, in the light of the consultation responses.”
A copy of the full speech can be downloaded from http://www.homeoffice.gov.uk/media-centre/speeches/immigration-reform

Tier 4 Restrictions: Implications for Universities

A report for the Higher Education Policy Institute (HEPI) states that measures to curb student numbers would cause UK universities lose billions of pounds. The study by Professor Edward Acton also argues that the current plans are designed to cut recruitment rather than visa abuse, will have a negative impact on the UK’s economy and affect Britain’s ability to compete effectively on the global stage.
http://www.hepi.ac.uk/466-1934/The-UKBA%e2%80%99s-Proposed-Restrictions-on-Tier-4-visas--implications-for-University-recruitment-of-overseas-students.html

Secure English language tests

The application process for the provision of secure English language tests closed on 31 January 2011. The new list will be published in Spring 2011.

Tier 2: Eligible Occupations

The Migration Advisory Committee (MAC) has recommended a new shorter list of occupations eligible for migration under Tier 2 of the points-based system. As part of its review of the immigration system, the government raised the threshold for Tier 2 visas to 'graduate level' and commissioned the MAC to examine which occupations should qualify.

The government asked that the MAC use the National Qualifications Framework (NQF) level 4 and above as the relevant benchmark. This will reduce the number of occupations qualifying for Tier 2 visas by 71, down from 192 to 121. The shorter list of occupations means that Tier 2 applicants will only be able to apply for jobs covering the most skilled 39 per cent of the labour market rather than the current 56 per cent.

Among the occupations which would still qualify for entry under Tier 2 of the points-based system are nurses, teaching professionals, civil engineers and finance and investment analysts. Occupations which were qualified as skilled to the old level but are not to the new one include retail managers, hairdressing and beauty salon managers, laboratory technicians, and estate agents.

Tier 2: Independent Chief Inspector’s Report

The Independent Chief Inspector of the UK Border agency published on 16 February 2011 his thematic report on Tier 2 of the points-based system (PBS) with the summary comment that the UK Border Agency needs to implement and maintain a consistent approach to decision making and also increase its focus on compliance of the skilled migrant tier (Tier 2) of the points-based system.

The inspection took place between July and August 2010 and focused specifically on the General and Intra-Company Transfer categories of Tier 2, assessing the quality of decisions, compliance and customer service. The inspection found:
The Chief Inspector was concerned to find:
• Inconsistent approaches to the decision making process on Tier 2 cases which meant that some applications were refused because of minor omissions of evidence or information whereas others were given additional time to supply the missing information;
• Applicants were having to make and pay for subsequent applications because of minor omissions which could have been addressed with minimal effort by the Agency;
• As a result of subsequent applications, the Agency was having to use additional resources to make further assessments and decisions;
• There was no evidence of a systematic approach to ensure that post-licensing visits were carried out on sponsors retrospectively; and
• the Agency did not routinely take the required action to curtail the leave of migrants who had stopped working for their sponsor whilst on a Tier 2 visa.
On the positive side, the Chief Inspector noted that on the whole, UKBA was meeting its performance targets for processing Tier 2 applications; there was positive feedback from stakeholders on working relationships; and staff demonstrated professionalism, enthusiasm and commitment.
http://icinspector.independent.gov.uk/news/

Proposed Changes to Tier 2

The Government has announced details of its intentions regarding skilled workers applying under Tier 2. The statement is not definitive as the rules will be subject Parliamentary scrutiny but it give a very good idea of what is planned for the future. It is expected that the changes will be placed before Parliament during March with a view to implementation in April 2011.

Under the new system, employers will have to apply for a certificate of sponsorship from the UK Border Agency for a specific post if they wish to bring someone to the UK which is a change from the current system which gives businesses an annual allocation.

The government has also announced that employers filling a vacancy that attracts a salary of £150,000 or more will not be subject to the limit on the number of certificates of sponsorship that may be allocated.

The annual limit of 20,700 certificate of sponsorship will be divided into 12 monthly allocations. Due to the likely demand in the first month, 4,200 certificate of sponsorship will be made available in April. After that the limit will be set at 1,500 places per month. Any places that are unused each month will be rolled over to the following month.

In the event that the monthly allocation is over subscribed, certificates of sponsorship applications will be ranked using a points system designed to favour jobs on the shortage occupation list, scientific researchers and those with a higher salary. Once a certificate of sponsorship has then been granted to an employer it must be assigned to the prospective employee within 3 months.

Workers from outside the EU who want to come to the UK will need to have a graduate level job, speak an intermediate level of English, and meet specific salary and employment requirements.

The intra-company transfer route, which is not part of the annual limit, will also be changed in 3 ways:
• The job will have to be in an occupation on the graduate occupation list;
• Only those paid £40,000 or more will be able to stay for more than a year. They will be granted for 3 years with the possibility of extending for a further 2; and
• Those paid between £24,000 and £40,000 will be allowed to come to the UK for no longer than 12 months, at which point they must leave and will not be able to re-apply for 12 months.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/reports/soi-tier2/tier2-soi-transitional-measures?view=Binary

New UKBA Fees

The Immigration minister Damian Green has announced new fees for those wishing to visit, study and work in the UK. A copy of the Minster statement and details of the new fees can be found via the link below. The list includes a new fee of £160 for “permission to change course”. This is “for migrants that applied to UKBA for permission to study from 31 March 2009 to 4 October 2009”.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/wms-fees-spring-2011.pdf

Indefinite Leave to Remain (ILR)

New guidance on how to calculate the qualifying period for indefinite leave to remain has been published and can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/ilr-calculating-continuous/ilr-calculating-continuous.pdf?view=Binary

Libya

Due to the current situation in Libya, the UK visa application centre in Tripoli has been temporarily closed. The UKBA advice to Libyans in the UK who are due to leave in the coming days and weeks is to keep proof of original travel plans as evidence of their intention to comply with their visa requirements. They should continue to monitor the situation regarding travel advice to Libya, and make arrangements to return as soon as it is safe to do so. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/february/59libya-ukba-operations

India: New law covering education agents

A new law being proposed in India would make it compulsory for education agents to register with the Indian government. The Ministry of Overseas Indian Affairs is reported as saying that it will introduce a bill regulating overseas university agents, providing for both a fine and a jail term for unregistered education agents.
http://www.universityworldnews.com/article.php?story=20110204224357407

Veristat Services

Accompanied Visits

In response to requests from clients, we can provide a member of our team to accompany you on your recruitment visit abroad. The service includes assistance with planning of the trip; presentations on both your college and Tier 4; on site interviews of students; and working alongside your own people in the recruitment of prospective students. We have recently completed a successful tour to Pakistan with a college which resulted in the recruitment of 150 students.

Student Recruitment Fairs

Many countries have good quality students who want to come to the UK to study but who don’t know the range of colleges and courses available to them or who are directed towards specific colleges by agents. College fairs offer an excellent opportunity to present your college and the courses you offer to thousands of prospective students but can prove expensive in both time and costs. Veristat offers a service to bring the students in these countries and UK colleges together in a cost effective way by representing you at recruitment fairs and student events. This can either be sole representation or by sharing a stand with other colleges to reduce costs. See our website or contact us for further information at enquiries@veristat.co.uk

Support for Tier 4 Sponsors

For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk

Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk

Immigration News and Updates: February 2011

2011-02-01T02:31:00.000-08:00

Student Consultation

The month has been dominated by the UKBA consultation on the student immigration system which closed on 31 January. Most if not all of the major representative bodies held events to canvas opinion on the proposals and unofficial estimates are that the responses received by the UKBA are in the tens of thousands. It is understood that the UKBA has also been holding workshops to take the views of its own staff.
Ministers have been active in responding to organisations lobbying against a level of restriction which it is believed would damage the industry. Universities UK for example argued that many international students are recruited from non-degree courses and account for 9% of the income of the sector. Immigration Minister Damian Green said that even if international students were vital to the UK, “we must be more selective about who can come here and how long they can stay”.
http://www.bbc.co.uk/news/education-12296161

On the 27th of January 2011, Immigration Minister Damian Green answered questions regarding changes in UK immigration rules and the consultation on international students. Damian Green’s main argument was that proposed changes were aimed at “driving the abuse out of the system” and raising the reputation of British education institutions. The Minister went on to say that the cuts will have no effect on genuine universities and genuine students, but on bogus colleges which advertise courses which “barely exist”.
The programme can be found until the 3rd of February at http://www.bbc.co.uk/programmes/b00xslvg

Even the UKBA itself has been promoting the Government’s proposals by linking the case of a Bangladeshi student refused entry at Birmingham Airport to the consultation process. Oddly, this case revolved around the student using falsified documents being accepted by the visa officer. The college had no record of the student and there was no suggestion that it was at fault. There did not therefore appear to be any obvious link to the issues under consultation. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/jan/69bogus-student-sham
UKBA’s revised policy on students following the consultation is expected to be published in March.

Coalition Government’s Immigration and asylum policy

The House of Commons Library has produced a very useful paper summarising recent Government statements about its intentions for immigration and asylum policy, and specific changes which it has already introduced. Some of the key proposals referred to in the paper are:
• A new visa category “for people of exceptional talent” under Tier 1.
• No cap on the number of investor and entrepreneur visas available.
• 20,700 jobs to be available under Tier 2. Tier 2 restricted to ‘graduate-level’ jobs. Inter-company transfers excluded from the annual limits, but will be subject to salary thresholds.
• Tougher criteria for entry as a student to reduce the overall number of student visas and attract genuine students. Suggestions include restricting the courses available to international students; limits on their capability to bring dependants to the UK; and tighter accreditation requirements for education providers.
• Restrictions on the movement between temporary and permanent categories of migration.
• New pilot schemes to improve the quality, efficiency and cost-effectiveness of the asylum determination process. Illegal immigration
• The continuation of the e-Borders project and the reintroduction of exit checks.
• Establishing a Border Police Force aimed at improving coordination of border control and security matters.
• Reviewing English language requirements will be reviewed.
http://www.ein.org.uk/resources/full.shtml?x=283835

EU students in the UK’s higher education sector

EU students have always been attracted by UK higher education institutions. In 2008/2009 there were 138,000 EU students studying at UK universities. They enhance internationalisation and represent a cohort of good quality students. Moreover, they represent a major part of postgraduate students in areas less frequented by UK students. The top 5 EU sending countries are Germany, France, Ireland, Greece and Cyprus. These are followed by Poland, Spain and Italy. UK universities are apprehensive about the number of enrolments which is likely to decline as a result of higher tuition fees.
http://www.international.ac.uk/resources/International%20Focus%2066.26.1.11.pdf

Increase in the numbers of foreign students

The University and Colleges Admissions Service showed a rise in the number of overseas students admitted into UK universities. The three main countries which showed a significant increase are Lithuania, Latvia and Romania, followed by China, Saudi Arabia and Singapore.
http://www.international.ac.uk/resources/International%20Focus%2066.26.1.11.pdf

Revised EEA Application forms

The UK Border Agency has revised the following application forms, EEA1, EEA2 , EEA3, EEA4 and FMRS. These forms should be used by the non-EEA family members of EEA nationals who want to apply for permanent residence in the UK. The revised forms (version 01/2011) should be used for all applications made on or after 31 January 2011.

Egypt

Due to the current security situation in Egypt the UK visa application centres in Cairo and Alexandria have been temporarily closed. Some visa applications submitted in Sudan and Yemen are processed in Cairo and these services have also been affected. For further information check the UKBA website http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/jan/86visa-services-cairo

Veristat Services

Accompanied Visits

In response to requests from clients, we can provide a member of our staff to accompany you on your recruitment visit abroad. The service includes assistance with planning of the trip; presentations on both your college and Tier 4; on site interviews of students; and working alongside your own people in the recruitment of prospective students. We have recently completed a successful tour to Pakistan with a college which resulted in the recruitment of 150 students.

Student Recruitment Fairs

Many countries have good quality students who want to come to the UK to study but who don’t know the range of colleges and courses available to them or who are directed towards specific colleges by agents. College fairs offer an excellent opportunity to present your college and the courses you offer to thousands of prospective students but can prove expensive in both time and costs. Veristat offers a service to bring the students in these countries and UK colleges together in a cost effective way by representing you at recruitment fairs and student events. This can either be sole representation or by sharing a stand with other colleges to reduce costs. See our website or contact us for further information at enquiries@veristat.co.uk

Support for Tier 4 Sponsors

For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk

Immigration News and Updates January 2011

2011-01-06T02:12:00.002-08:00

News from the UK

The Student Immigration System: Consultation

The UKBA has published a consultation document aimed at addressing abuse of the student route and as a contribution to the Government’s stated aim of reducing migration to the tens of thousands. The consultation document invites views on six main proposals:

1. Raising the level of course students can study. Restricting Tier 4 largely to degree-level courses and child students with only Highly Trusted Sponsors being permitted to offer courses below degree level. This proposal has been widely anticipated. The key is the length of time that will be allowed for the transition to give institutions the opportunity to prepare and apply for HTS. Views are invited on the phasing of such an approach. The student visitor route will continue to cover lower level courses of under six months.
2. Introducing tougher entry criteria for students. Raising the Tier 4 language bar from B1 to B2 and requiring all students, including degree level and English language students, to take one of the UKBA specified tests. The impact of this requirement has been reduced by extending the student visitor visa to 11 months for English language students.
3. Ensuring that international students return to the country of origin after their course. Students wishing to study further in the UK after their initial course would need to show evidence of academic progression to a higher level. The UKBA is also considering whether students should be required to go back to their country of origin in order to apply for a new visa. The proposal also suggests the option of closing the Tier 1 post Study work route.
4. Restricting the entitlements to work and sponsor dependants. Limiting students to work on campus during the week and for any external employer during holiday periods and at weekends. Changing the current 50:50 study/work ratio for work placements to 66:33. Removing permission to work for all Tier 4 dependants except when they qualify in their own right. Restricting accompanying dependants to students allowed to study in the UK for longer than 12 months
5. Simpler procedures for checking low-risk applications such as different requirements regarding evidence of maintenance and previous qualifications defined according to nationality or whether the sponsor is Highly Trusted.
6. Stricter accreditation procedures for education providers in the private sector.
The consultation document contains further background on each of these proposals together with a list of questions on which the UKBA invites views. The consultation process closes on 31 January 2011.
Further details can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/consultations/students/student-consultation.pdf?view=Binary

Home Affairs Committee Enquiry: Impact of proposed restrictions on Tier 4 migration

The Home Affairs Committee announced on 7 December 2010 a new inquiry into the impact of proposed restrictions on Tier 4 migration in response to the Home Secretary launching a public consultation on student visas.
In particular the inquiry will focus on:
• Whether the cuts should be limited to certain types of courses (e.g. pre-degree level);
• The impact different levels of cuts might have on the various sectors;
• The impact, if any, that reductions in student visas might have on the UK’s standing in the world;
• Whether cuts in student visas would have any effect on the decisions of highly qualified graduates to conduct research or take up teaching posts in the UK;
• Whether the post study route should be continued;
• The educational routes through which students come to the UK to study at degree level; and
• International comparisons.
The Committee is seeking written submissions of no more than 2,500 words from interested parties, before it takes oral evidence on this inquiry. Organisations and individuals interested in making written submissions are invited to do so by Friday 14th January 2011. Oral evidence sessions will be held on Tuesdays in the New Year.
Rt Hon Keith Vaz MP, Chair of the Committee, said: “Education is one of this country’s greatest exports. International students often maintain trade and knowledge links with the UK for years after they have returned to their country of origin. The Home Affairs Committee are concerned that any arbitrary decision to restrict the number of international students will be of grave danger to the UK economy and reputation”
“By allowing interested parties to highlight how they might be affected by restrictions on Tier 4 visas, we hope to ensure that any restrictions proposed by the Government do not disadvantage a vibrant and successful industry.”
“We respect the fact that the Government wishes to tighten up the immigration system but feel that, as we stated in our recent report on the immigration cap, efforts would be far better directed towards tackling bogus colleges and those who overstay their visas in order to seek employment, than penalising legitimate students.”
Advice on how to make a submission to the Home Affairs Committee can be found at http://www.parliament.uk/business/committees/committees-a-z/commons-select/home-affairs-committee/news/101207-student-visas/

Extended student visitor visa

From 10 January 2011, international students wishing to attend exclusively English language courses will be able to apply for a student visitor visa. This visa will allow them to stay in the UK for up to 11 months. Students wanting to study other courses in the UK for longer than 6 months will have to apply under Tier 4 of the Points Based System.
The extended student visitor visa will only be available to applicants outside the UK. As with the current student visitor visa, successful applicants will not be allowed to work, bring their dependants or extend their stay in the UK. The fee will be the same as for a student visitor visa. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/dec/34-extended-student-visitor-visa

Approved English language test providers

The UKBA is inviting applications for a new list of approved test providers for migrants who must pass an English language test in order to enter or remain in the UK (Tier 1, 2 and 4; partners of British citizens or settled persons). The exercise will end on 31 January 2011. The new list will be available starting April 2011. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/dec/27english-language-tests

Tier 1 (General)

The UKBA has announced that it will stop accepting Tier 1 (General) applications made overseas from 23 December 2010. Tier 1 (General) overseas will not reopen for applications. Tier 1 (General) in the UK will remain open until 5 April 2011. There will be transitional arrangements beyond 6 April 2011 for some applicants who are already in the UK. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/dec/61-t1g-closure-overseas

New versions of application forms for the Points-based system

The UKBA has published new versions of application forms and policy guidance for the following categories of the PBS:
- Tier 1 (General)
- Tier 1 (Entrepreneur)
- Tier 1 (Investor)
- Tier 1 (Post-study work)
- Tier 2 – all categories (all application form only - no change to policy guidance)
- Tier 5 (Temporary worker) – all subcategories
- PBS Dependant
These new versions reflect the new requirements for Tier 1 and Tier 5 applicants to obtain biometric residence permits and other minor changes.
More details at http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/dec/35-pbs-forms-guidance

Tier 2 interim limit cap challenged

The High Court has ruled that the temporary cap on skilled workers brought in by Home secretary Theresa May was introduced “unlawfully”. Lord Justice Sullivan and Mr Justice Burton stated that the Home secretary had not gone through the appropriate and correct parliamentary procedures before the introduction of the cap. It was also argued that the immigration cap was “not thought through” because there was not sufficient demand for jobs. http://www.bbc.co.uk/news/uk-politics-12022613
Following the judgment, the government introduced a change to the immigration rules setting a limit until 5 April 2011 on the number of certificates of sponsorship that are available to licensed Tier 2 sponsors under Tier 2 (General). The level of the limit will be 10,832, and the changes will take place immediately.

News from abroad

Malaysia

Education has been identified as one of the 12 National Key Economic Areas. Private education, valued at RM 7.2 billion, is reported as transforming Malaysia into the fastest growing education centre in South East Asia. Malaysia is the 11th largest host country for international students, with around 90,000 foreign students from approximately 100 countries. http://www.bernama.com.my/bernama/v5/newsbusiness.php?id=545666

USA

A study released by NAFSA: Association of International Educators estimated that overseas students as well as their families brought to the US economy $18 billion, an increase of $1 billion on the previous year. The report states that it is this country's fifth-largest service-sector export, according to the Department of Commerce.", http://www.universityworldnews.com/article.php?story=20101126205805608

Veristat Services

For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services.

2010-12-01T00:29:00.001-08:00

Immigration News and Updates December 2010

UK

Tier 4 Consultation

The Home Secretary has announced that a consultation will be launched before the end of the year focusing on Tier 4 of the points-based system. The government stated that it is aiming to stamp out abuse while continuing to attract the top students to UK top universities.
The consultation, which will run for 8 weeks, will seek views on a range of measures to reduce the number of students that can come into the UK, such as:
• for adult students, focusing Tier 4 on higher-level courses and those offered by Highly Trusted sponsors;
• introducing tougher entry criteria such as English language competence;
• ensuring that students wishing to extend their studies show evidence of academic progression;
• limiting the student's entitlements to work and sponsor dependants; and
• improving the accreditation process for education providers, alongside more rigorous inspections.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/oral-statement-imm-limit.pdf

New annual limit for Tier 1 and Tier 2 visa applications

Changes were announced on 23 November 2010 by the Home Secretary concerning Tier 1 and 2, which apply to highly skilled workers and skilled workers with a job offer. The changes in respect to Tier 1 comprise:
• Tier 1 General route will be closed
• Tier 1 Entrepreneur and Tier 1 Investor routes will be reformed but will not be subject to a numerical cap.
• a Tier 1 route for persons of exceptional talent will be introduced

Tier 2 General route will be subject to a numerical cap of 20,700 places for 2011/12. The cap will not apply, amongst others to in-country applications from those already in the UK or to the dependants of Tier 2 migrants. ;http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/35-t1-t2-annual-limits?utm_source=feedburner&utm_medium=email&utm_campaign=Feed:+ukborderagency+(UK+Border+Agency+latest+news)

Settlement

The Home Secretary has announced the government’s plan to reform settlement rules. This comprises
• A decision not to pursue the “earned citizenship” policy, which was planned to come into force in July 2011.
• Making it harder to move from temporary residence to permanent settlement
• Ensure that studying in Britain should not lead to settlement. This is likely to be based on reforms such as ending post-study work schemes and limits on student visas.
• Encourage more entrepreneurs and investors to come to Britain.
From April 2011:
• There will be a new criminality threshold, requiring all applicants applying for settlement to be clear of unspent convictions.
• Skilled and highly skilled migrants will need to meet the salary criteria that applied when they last extended their permission to stay.
• All migrants in an economic route will be required to pass the 'Life in the UK' test prior to gaining settlement.
For those entering in an economic route after April 2011:
• Those who do not pass the 'Life in the UK Test' will have their application for settlement refused and they will be required to leave the UK.
• The UKBA will remove the ability for new entrants in the Intra Company Transfer route to extend their leave beyond five years.

New criteria for Tier 2 additional requests of sponsorship.

The criteria applied to Tier 2 sponsors’ requests for additional certificates of sponsorship have been “refined”. This has been done to give sponsors greater certainty that their requests will be approved if they refer to an extension for a work permit holder or Tier 2 (general) worker already employed by a sponsor. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/nov/01-additional-cos

New guidance for employers on preventing illegal working

The UKBA has published a new guidance for employers on preventing illegal working, updating the original document published in February 2008. It includes various changes such as confirmation that employers can accept evidence of status in expired passports and travel documents and two new appendices which refer to employing asylum seekers, refugees and students.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/currentguidanceandcodes/comprehensiveguidancefeb08.pdf?view=Binary

MPs say that immigration cap “may not work”

The coalition government has promised to halve net migration – the difference between the numbers of people arriving to the UK and the number of people leaving the UK. The Home Office introduced a monthly limit for work visas for non EU citizens which will be followed by permanent measures starting April 2011. According to the Commons Home Affairs Committee, this would only affect 1 to 20% of the total number of immigrants. Labour MP Keith Vaz stated that the system should be flexible in order to allow academics, scientists and business men to come to the UK. He went on saying that other categories of migrants, such as family reunion and international students should be tackled, not highly skilled workers.
http://www.bbc.co.uk/news/uk-politics-11679467

New immigration application fees from 22 November 2010

New application fees have been introduced following Parliamentary approval.
Application fees for Tier 4 (general and child) have increased to £650 for the main applicant if he/she is applying in person inside the UK. However, the fees have remained the same if the Tier 4 general applicant is applying by post in (£357) or outside (£220) the UK.
http://www.ukba.homeoffice.gov.uk/aboutus/fees/#
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/nov/65-new-fees

News from Abroad:

Australia

As a response to the downturn in international student enrolments, Australia has released the International Students Strategy. This report addresses four key areas: international student wellbeing, consumer protection, the quality of international education and the availability of better information for international students. Various practical measures are being introduced, such as the creation of an International Student Consultative Committee and a national community engagement which would ease and help the development of connections between international students and the community.
http://www.thegovmonitor.com/education_and_skills/australia-releases-international-students-strategy-41866.html

More than one in three of the total of 212,000 international students in Australia come from China, compared to one in ten from India. These two markets average 46% of the total of international students. Last year, 70,000 Chinese students were studying in Australia, compared to 21,000 Indian nationals. However, it is predicted that 2011 enrolments of Chinese students will drop by 40%. The reasons which have contributed to the downturn in student enrolments are the strong Australian dollar, competition from other countries and tougher immigration rules. http://www.universityworldnews.com/article.php?story=20101105222423103

New Zealand

Grant Robertson, Labour’s Tertiary Education stated that the education sector needs regulation in order to ensure high quality of education which would benefit students, families and future employers. He went on to say "We want to work with the Government to strengthen their proposals to make sure that all students in New Zealand are doing quality courses delivered by reputable institutions."
http://www.voxy.co.nz/politics/robertson-new-zealand039s-education-reputation-needs-protection/5/72555

Germany

The German Academic Exchange Service (DAAD) said that foreign students could help Germany to cope with the shortage of skilled labour. According to the German Chamber of industry and Commerce (DIHT), German companies lack around 400,000 skilled employees. "Recruiting foreign students appears to be the ideal way to boost Germany's skilled labour force," stated DAAD President Sabine Kunst.
Around one in three international foreign students graduating from German universities stay in Germany.
http://www.universityworldnews.com/article.php?story=20101120090742261

Veristat Services

For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services.

Immigration News and Updates: November 2010

2010-10-31T11:38:00.000-07:00

The UK

Spending Review

Government cuts announced in the Spending Review will mean that the UKBA’s budget will be reduced by 20% over the next four years. The Home Office has said that the cuts will be met by reducing support costs in the UK Border Agency and improving productivity and value for money from commercial suppliers. The agency will also invest in new technologies to secure the border and control migration at a lower cost. An increasing proportion of the costs of controlling immigration and securing the border will be met by migrants and visitors to the UK. By taking these measures, the agency will save around £500m.
Linked to this, the Ministry of Justice has stated that migrants and asylum seekers will have to pay for appeals against decisions made over their cases, whether or not they are successful. The Ministry of Justice said that last year it cost £115m to run the immigration appeals system. Fees will apply to appeals against decisions refusing someone leave to remain, leave to enter, or vary their current leave to remain in the UK. Fees are expected to range between £60 and £250 dependent on the type of appeal. Some people may be excluded from paying the fees, including those who qualify for legal aid, those who are receiving asylum support and applicants who are in the asylum “detained fast track process”. The Joint Council for the Welfare of Migrants has argued that migrants already contribute through application fees. The Home Office said that the UK Border Agency accumulated £750m a year from people applying for visas to visit, work, study or settle in the UK. Currently, the immigration and asylum tribunals system does not charge an appeal fee. Costs are met by the taxpayer, via the Ministry of Justice.
http://www.bbc.co.uk/news/uk-11598677

Colleges protest over Ministers comments on further education

Comments by the immigration minister, Damian Green, that international students applying for further education (FE) courses “may, or frankly may not be the brightest and the best” have triggered protests from principals of the UK’s larger colleges. They claim that the minister should update his knowledge of what FE is all about. Green’s remarks have caused concern that vocationally orientated international students will be discriminated against.
Bradford College’s principal, Michele Sutton, said "We don't think students get a lesser experience or a lesser qualification – and we don't believe they're worse quality students. We've had students who've gone on to make a massive impact, not just on their families and communities but also on the wider world."
http://www.guardian.co.uk/education/2010/oct/04/visa-international-students-foreign-colleges

Immigration cap may harm UK research

Nicola Dandridge, Chief Executive of Universities UK has warned that the UK immigration cap being proposed by the Coalition Government will seriously affect the recruitment of highly skilled staff to UK universities and in turn, the provision of courses for UK students. Overseas competitors are watching and will be ready to attract international staff and students deterred by negative perceptions of the UK visa system. Over 10% of academic staff at universities are non-EU nationals
http://www.guardian.co.uk/education/2010/oct/12/universities-rely-on-international-staff

Tier 1 under threat?

A study published by the UK Border Agency reveals that around a third of the Tier 1 people sampled are being employed in lower skilled jobs. In what sounds like a threat to the continuation of the current Tier 1 schemes, Immigration Minister Damian Green said:
'While it is important that low-skilled jobs are filled, there are hundreds of thousands of British people who could be doing them instead of a migrant.
'Those coming into the UK under the highly skilled migrant route should only be able to do highly skilled jobs - it should not be used as a means to enter the low-skilled jobs market.
'Investors and entrepreneurs aside, this report questions the value of this route into the UK, and the findings will play a key part in discussions on how the annual limit will be shaped.'
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/pbs-tier-1/pbs-ter-1/pbs-tier-1.pdf?view=Binary

New interactive forms for in-country applications

A new service for in-country applications has been recently launched by the UK Border Agency. The process represents first steps towards providing for online applications but for Tier 4, it only allows for the appropriate form to be identified, downloaded, completed and submitted as at present.
http://apply.ukba.homeoffice.gov.uk/popup/popup.portal?_nfpb=true&_pageLabel=howToIntelligent&

Renewal of annual allocations of Tier 2 Certificates of Sponsorship (CoS)

Sponsors should respond to reminders from the UKBA concerning the renewal of their annual allocation even though they will not receive an allocation whilst the interim limit is in place. Failure to submit a renewal request may cause the Tier 2 part of the sponsor licence to become inactive.

News from abroad

China plans to rival the West.

Beijing’s Peking University has embarked on a programme which has already brought a new, two-wing teaching hospital, an economics faculty, a centre for Executive MBAs and an English language school as part of a long term plan to rival the world’s top universities.
"China - unlike Britain, perhaps - understands that investing in top-quality university education is essential for its future economic development," said Yojana Sharma, Asia editor of University World News.

The Ministry of Education has stated that he wants to double the number of foreign students to 150,000 by 2010, transforming China into the largest provider of education to international students in Asia. A report by the British Council’s International Education Intelligence Unit identified China as a “competitive threat to the UK”. Even if China’s emergence as a university superpower is still 10-20 years away, the gap is narrowing year by year.
http://www.montrealgazette.com/news/ULTIMATE+UNIV+BRAIN+DRAIN/3712991/story.html

Australia’s plan to attract foreign students

As a result to a considerable fall in international student numbers, vice chancellors are calling for a special student visa and proposing that foreign students should be taken out of the immigration statistics.
The Australian international student market has been affected by bad publicity from attacks on Indian students, the high Australian dollar and competition from the US and the UK.
The new visa would allow foreign students to stay in Australia during their degree plus two or three years’ work experience in a related filed. This aims to depoliticise the debate by dissociating study from migration. An interesting approach in the light of the current debate about students and migrant numbers in the UK.
http://www.theaustralian.com.au/higher-education/vice-chancellors-call-for-student-visas/story-e6frgcjx-1225940876697

New TOEFL Junior Test for Younger Students

Students aged 11 to 14 years who are studying English as a foreign language now take Educational Testing Service’s (ETS) TOEFL Junior Test, a global assessment of middle school-level English language proficiency. The test contains three sections: Listening Comprehension, Reading Comprehension and Language Form and Meaning.
http://frontierindia.net/now-toefl-junior-test-to-guide-english-learning-for-younger-students

Veristat Services

For support in complying with UKBA requirements see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services.

Immigration Notes October 2010

2010-10-04T02:53:00.000-07:00

Cancelling existing leave overseas

The UKBA announced on 16 September 2010 that Tier 4 students who still have leave to remain within the UK in their passport can now make a new application for a UK visa from outside the UK.

The Tier 4 policy guidance currently states that if a student wants to study with a new Tier 4 sponsor before the existing visa has either expired or been curtailed, they must make their new application in the United Kingdom. If a student makes a new application from outside the United Kingdom it will be refused.

However, students with existing visas will now be able to make applications from outside the United Kingdom. http://www.ukvisas.gov.uk/en/aboutus/newsroom/?view=News&id=22872220

Fees

New fees for immigration applications were announced on 9 September and introduced on 1 Ocober 2010. A table showing the new fees can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/fees-table-Oct-10.pdf

In line with the new fees, UKBA has also published new versions of the following application forms and guidance:

• NTL form and guide (If your resident permit gives you permission to settle permanently in the UK (indefinite leave to remain), and you want to transfer it to a new passport, you must apply for a 'no time limit' (NTL) stamp using form NTL.
• TOC form and guide (If your resident permit gives you temporary permission to live in the UK (limited leave to remain) and you want to transfer it to a new passport, you must apply for a 'transfer of conditions' (TOC) stamp using form TOC.)
• Tier 5 (Temporary worker) form
• PBS Dependant form
• Tier 4 (Help text leaflet form) (G)

Revised Sponsor Guidance

Revised Sponsor Guidance for applications under Tiers 2, 4 and 5 has been introduced from 1 October 2010. The revised Tier 2 Guidance covers the introduction of the interim limit for the issue of Certificates of Sponsorship. Copies of the revised documents can be downloaded from the UKBA website via the following link http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/

Immigration Minister’s Speech and Comments

The Immigration Minister, Damian Green delivered a speech on 6 September 2010 at the Royal Commonwealth Society following the publication of new Home Office research called The Migrant Journey. The research is an analysis of the current routes into the UK and the different ways that migrants are able to reach settlement providing evidence about the routes migrants use to enter and remain in the UK, indications of how long they stay and when they leave. The research looks at the cases granted settlement in 2009 and looks backward through their immigration history to see why they came here in the first place, and what changes to their status they subsequently went through before deciding to settle here permanently http://rds.homeoffice.gov.uk/rds/pdfs10/horr43c.pdf

The largest group of cases in the study granted visas in 2004 were to students, around 186,000, of whom more than a fifth were still in the UK after five years. Whilst accepting that the system has changed since 2004 and that it would be inappropriate to extrapolate directly, the Minister expressed concern about the effect on net migration if a similar proportion of students from other cohorts remained in the UK. In the 12 months to June 2010 the figure for long term students coming to the UK was almost 288,000 rising to over 320,000 once you include their dependants.

Whilst the Minister inevitably stated that he wanted to encourage legitimate students to universities, he also referred to having a system which “scrutinises” effectively, allows action to be taken against those who seek to remain in the UK long term and ensures that institutions play by the rules. The focus on universities and reference in the speech to having to decide whether it was “right” that the UK should be bringing more than ninety thousand people into Britain every year to do courses below degree level at private institutions has been interpreted as suggesting that action will be taken against further education colleges. This was also the view that emerged from a BBC interview conducted by the Minister on the same day in which he referred to looking hard at students doing courses that may not be of benefit to themselves or the UK http://www.bbc.co.uk/news/uk-politics-11197156

There has been considerable debate about what all of this means. At the more extreme end there has been speculation, particularly in India, that Level 4 and Level 5 courses will no longer be available to international students and that this is evidenced by the delays currently being experienced in students applying for such courses. Looking back to what happened earlier in the year with regard to Level 3 courses, others have suggested that colleges offering Level 4 and 5 courses may in future require HTS status; and restrictions will be imposed on students switching to other categories and will no longer be allowed to bring in their dependants. All of this is, however, no more than speculation. All that we know at present is that there is a review of Tier 4 and that we can expect there to be some changes. The normal pattern is for policy changes to be announced mid October/November after the Party conference season.

Veristat Services

For support in complying with UKBA requirements see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services.

Immigration Notes September 2010

2010-08-29T04:36:00.000-07:00

New forms

The UKBA introduced a new form for Tier 4 applicants on 23 July 2010 followed on 30 July 2010 by new forms for the following categories:

• Tier 1 (Entrepreneur)
• Tier 1 (Investor)
• Tier 1 (Post-study work)
• Tier 2 (all categories)
• Tier 4 (Child)
• Tier 5 (Temporary worker)
• dependants of points-based system applicants
• Change of circumstances

The main difference from previous versions is that the forms refer to biometric residence permits instead of identity cards for foreign nationals. This follows on from the coalition government’s plans to scrap ID cards. New guidance documents have also been produced.

Biometric residence Permits

As from the 13th of August 2010, the UKBA has changed their system so that any Biometric Residence Permit produced from that date will show the student’s CAS number rather than the sponsor’s licence number as has been the case in the past. We wait to see whether this linking of the student to the course rather than the college has any wider implications.

Specified English Tests

Universities UK, UKCISA and many individual colleges have raised with UKBA why UK qualifications such as IGCSEs are not accepted as evidence of English language ability. So far the UKBA has responded in neutral terms by stating that prospective general students will still need to take and pass the specified tests to the proscribed levels even if they have UK qualifications studied in English. They have, however, added that this will be considered further alongside other issues in Tier 4 review (see below).

Visa Issuing in China and North India

The UKBA has lifted the suspension at the three South China visa application centres (Guangzhou, Fuzhou and Shenshen) for Tier 4 student applications for all courses except English language courses. The suspension of Tier 4 visa issuing in North India has also been lifted with the exception of applications for English language courses made in North India, Nepal and Bangladesh. Informal feedback suggests that the Delhi centre is coping well with the inevitable pent up demand for the issue of visas.

Statistics

Home office statistics published on 26 August 2010 show the number of Tier 4 Students, pre-Points Based System (PBS) equivalent and student visitor visas issued was 362,015, an increase of 35 per cent compared with the year to 30 June 2009 (268,575). http://rds.homeoffice.gov.uk/rds/pdfs10/immiq210.pdf
The figures brought the inevitable comments about tightening up immigration controls with the Immigration Minister, Damian Green stating that a "thorough evaluation" would be conducted over the coming months because of what he called a "significant abuse" of the student visa system. Other commentators refer to the financial contribution made by international students to universities and the wider UK economy.
http://www.guardian.co.uk/politics/2010/aug/02/review-student-visas-numbers-leap-third

Reviews of Sponsor Ratings

Education providers should be aware that the latest version of the Tier 4 Sponsor Guidance (paragraphs 159-163) contains a section covering further reviews of A and B rated sponsors. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/guidancefrom31mar09/sponsor-app-guidance-t4.pdf?view=Binary

After a Standard (B rated) sponsor has held its licence for 6 months or after it has had an intake of students, (whichever is sooner), the UKBA will assess it against a further set of ratings criteria in addition to those applied when the licence was first granted. Should a sponsor not achieve the standards in just one or two areas, UKBA will decide whether this level of performance should result in an A (Trusted)-rating, a B (Sponsor)-rating or the withdrawal of a sponsor’s licence.

The additional ratings criteria set out minimum acceptable levels of performance. The criteria are similar to those applied to applications for Highly Trusted Sponsors (HTS) but with the criteria set at slightly more generous levels. For example, whereas HTS requires a maximum of 2% no shows, the tolerance for A rated sponsors is set at up to 4% and for B rated sponsors at between 4% and 6%. The Guidance also refers to the requirement for sponsors to follow UKBA good practice guidance which is expected to be published shortly.

All new sponsors who are granted a Standard Tier 4 licence on or after 6 April 2010 may be assessed against the additional ratings criteria after they have held their licence for six months, or after they have had an intake of students, whichever is sooner.

All sponsors who already hold a Tier 4 licence on 6 April 2010, but do not make an application for a Highly Trusted sponsor licence, may be assessed against the additional ratings criteria from 6 October 2010 or after they have had an intake of students, whichever is sooner.

Towards the end of 2009 the UKBA conducted an exercise which requested data on the attendance of all students issued with visa letters and resulted in the suspension of hundreds of colleges. Against this background, education providers are advised to take early steps to review and where necessary seek to improve their performance against the UKBA criteria to guard against any similar exercise during 2010.

For support in complying with this requirement see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat continues to provide a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services.

Immigration notes August 2010

2010-08-02T05:03:00.000-07:00

English Language requirements

English language requirements have been through some turbulent change since the beginning of July.

On 9 July, English UK won its case in the High Court against the last Home Secretary’s decision to raise the level of English which students must have before they can get a UK visa to learn the language here. This followed the UKBA decision implemented from 3rd March 2010 to raise from elementary to intermediate (from A1 to B1 on the CEFR) the standard of English required for students who wanted to take courses of longer than six months and who therefore needed a Tier 4 visa. English UK argued (and the judge agreed) that this was a “material” change in the eligibility requirements for the entry on non-EEA students and should have been made via a change in the Immigration Rules that are subject to scrutiny by Parliament rather than in a change to the guidance. As a result of the judgement, the required English language level for most visa students was therefore temporarily dropped to A1 on the CEFR.

However, on 22 July the Immigration Minister (Damian Green) made a written statement to Parliament stating that in the light of the court’s judgement, he was introducing into the Immigration Rules rather than the Guidance the minimum levels of courses that may be studied under Tier 4 (General) and re-introducing the minimum level for English language courses which was in place before the judgement was handed down. As a result, from 23 July 2010, the minimum level of English language course permitted under Tier 4 was restored to level B2 of the CEFR. The exemptions to the minimum level, which applied previously to government-sponsored language students and those undertaking a pre-sessional English language course before pursuing a degree course, remain in place. English UK are obviously extremely unhappy about this outcome and are pursuing the matter with Ministers and MPs.

In the same statement, the Minister also announced the introduction of a requirement that was proposed earlier in the year for some students studying below degree level to provide evidence of having passed a UK Border Agency –approved secure English language test at a minimum of B1 level on the CEFR. If a Tier 4 (General) student intends to study a course that is below NQF Level 6 (except a Foundation Degree or an English language course), using a CAS issued on or after 12 August 2010, their Tier 4 sponsor must ensure that they are competent in English language at a minimum of level B1 on the CEFR by showing that they:

• are from a majority English-speaking country

• have successfully completed a course as a Tier 4 (Child) student (or under the student rules that were in force before 31 March 2009, if they were granted permission to stay while they were under 18 years old) which lasted at least six months and ended no more than two years before the date when the CAS is assigned; or

• have passed an English language test with an approved test provider for Tier 4, and has achieved at least CEFR level B1 in all four components (reading, writing, speaking and listening). A list of the approved tests can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/approvedenglishtestst4.pdf

English language students will not have to prove their level through an approved test and sponsors teaching English language courses can still assess students by whichever means they wish, although students will still need to meet the B1 requirement. The method by which a student was assessed should be made clear on the CAS, and students will need to submit all documents that were used to assess their level.

Full details of the changes including lists of majority English speaking countries can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/Tier4migrantguidance1.pdf

Appeal against maintenance requirements

In another case (Panknina) where the UKBA had made a change to policy guidance rather than presenting the change to Parliament, the Court of Appeal held that applicants under Tier 1 (Post-Study Work), did not have to show that they had held the required funds for a period of three months. The UKBA has now amended the Immigration Rules so that, from 23 July 2010, the requirement to hold funds for a specified period is now in the Immigration Rules. However, as a result of the judgment, the UKBA is willing to review cases, including under Tier 4, where an application was refused solely because the applicant failed to meet the maintenance (funds) requirements, and who unsuccessfully applied from outside the UK between 23 June and 22 July 2010 inclusive; or from inside the UK (at a time when they had lawful status in the UK) on or before 22 July 2010. For further information on requesting a review of a refusal decision see http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/pbs-pol-guid-maintenance.pdf

Changing sponsors

Another change announced in the Minister’s statement of 22 July 2010 is that students on Tier 4 visas who want to change to a sponsor with a Highly Trusted Sponsor licence will be able to begin their new course of study – at their own risk – while they are waiting for the UKBA’s decision on their application to change sponsor. Again this is an unsurprising change as it had always seemed unlikely that the UKBA would be able to cope with the demand of processing applications to change college, often within the small window available between exam results and the start of a new term. The concession does not apply to students who wish to move to an A or B rated sponsor although the UKBA has said that it has put in place processes to prioritise these applications.

Lifting of Suspensions in North India

From 22 July 2010 the UKBA has lifted the suspension in Nepal and Bangladesh for applicants wishing to study a foundation degree, undergraduate and postgraduate courses, or SQA HND courses. They have also lifted the suspension on child students in India, Nepal and Bangladesh. On 12 August 2010 they will lift the general suspensions in North India, Nepal, and Bangladesh, except for students studying English language courses. The suspensions will remain in place for English language courses in North India, Nepal and Bangladesh but will be kept under review. All current suspensions will remain in place in Southern China.

Government Review of International Students

Reports in the media (Telegraph, Guardian, BBC and others 2nd August 2010) herald a new review of student admissions by the coalition government. The Immigration Minister Damian Green is quoted as saying :

"We are committed to attracting the brightest and the best to the UK, and welcome legitimate students coming here for study.

"However, in the past there has been significant abuse of the student route, and we need to ensure that every student who comes to the UK is genuine.

"I am undertaking a thorough evaluation of the student system over the coming weeks and months and I will introduce new measures to minimise abuse and tighten the system further" http://www.bbc.co.uk/news/uk-10834526

Intent interviews of prospective students

The UK Border Agency requires that education providers assess students’ intent and ability to follow the course. This is emphasised in UKBA good practice guidance and in guidance on applications for Highly Trusted status. The UKBA is also increasingly asking colleges to provide evidence of interviews to assess intent. Our sister company VisaGuard International provides support to colleges and universities by conducting these interviews on your behalf to provide an efficient and effective means of meeting this requirement. Contact us today by email or phone 0844 335 1619 for an informal discussion on how we can work with you in meeting this requirement or for further information see www.visaguard.co.uk

Immigration Notes June 2010

2010-06-03T23:01:00.000-07:00

Government Plans for Immigration

References to immigration in the Queen’s Speech were limited to: “My government will limit the number of non-European Union economic migrants entering the United Kingdom and the detention of children for immigration purposes.
http://www.number10.gov.uk/queens-speech/2010/05/queens-speech-limits-on-non-eu-migration-50599

Further information is available in the new coalition government’s immigration plan which can be found at http://www.hmg.gov.uk
"The Government believes that immigration has enriched our culture and strengthened our economy, but that it must be controlled so that people have confidence in the system. We also recognise that to ensure cohesion and protect our public services, we need to introduce a cap on immigration and reduce the number of non-EU immigrants.

• We will introduce an annual limit on the number of non-EU economic migrants admitted into the UK to live and work. We will consider jointly the mechanism for implementing the limit.

• We will end the detention of children for immigration purposes.

• We will create a dedicated Border Police Force, as part of a refocused Serious Organised Crime Agency, to enhance national security, improve immigration controls and crack down on the trafficking of people, weapons and drugs. We will work with police forces to strengthen arrangements to deal with serious crime and other cross-boundary policing challenges, and extend collaboration between forces to deliver better value for money.

• We support E-borders and will reintroduce exit checks.

• We will apply transitional controls as a matter of course in the future for all new EU Member States.

• We will introduce new measures to minimise abuse of the immigration system, for example via student routes, and will tackle human trafficking as a priority.

• We will explore new ways to improve the current asylum system to speed up the processing of applications."

UKBA Policy Post Election

The UKBA continues to remain silent on any detailed policy or operational proposals and no further information is available on when the restrictions will be lifted for visa applicants in North India.

Following the election of the new government, the UKBA has also removed from its website all news stories published before April 2010 together with information about UKBA’s strategies and aims under the previous government. This content can, however, be viewed in the national archives which shows the UKBA website as it appeared at approximate 2 week intervals during 2009 and 2010. This is particularly useful for reference to previous guidance, for example guidance that was applicable at the time of a student’s arrival. http://webarchive.nationalarchives.gov.uk/20100503160445/http://www.ukba.homeoffice.gov.uk/

Identity Cards

The Government has announced that it intends to scrap the National Identity Card scheme within its first 100 days through one of the first pieces of legislation it places before Parliament. However, references are to British Citizens under the scheme. Identity Cards for Foreign Nationals (ICFN) were introduced in response to a European regulation relating to a revised format for residence permits which the then government chose to adopt as a starting point for a wider national scheme. It seems likely therefore that ICFN will continue despite the abandonment of the National ID Cards scheme.

Agents

The BBC reported (13th May 2010) that the British Council had for the first time brought together countries including the UK, the US, Australia, Canada, New Zealand and the Irish Republic to discuss “unscrupulous” agents assisting bogus students to come to the UK and other countries. http://news.bbc.co.uk/1/hi/education/10106279.stm
Whilst the vast majority of agents are legitimate, there is concern about a small minority providing falsified documents or otherwise coaching students to get around immigration requirements. The British Council is reported as saying that there needs to be an international approach to tackling fraud.

The BBC reported that Pat Killingley, the British Council's director of higher education, said how competitor countries need to work together. "We have common interests - we've all built up reputations for quality in higher education that we want to protect," Universities and colleges could not operate without agents, she said, and their role was likely to increase. As such, it was vital that the small proportion of dishonest agents were stopped. Countries will share information about dishonest agents and they will try to support legitimate agents.

In subsequent correspondence with Veristat, Pat said that the British Council were still at a very early discussion stage with national agencies in other countries. Initially the intention was to exchange information and identify any specific areas where a joint approach might be beneficial. The timescale was rather longer than the BBC article implied and nor did she think that the British Council would see its role as being one of regulating agents on the ground.

Although the British Council does not accredit or formally recognise any agents, they do provide a number of services to assist agents working with UK institutions. Agents are also encouraged to register on the Education UK website subject to validation from UK institutions. We recently saw a UKBA action plan for a B rated education provider which included using British Council registered agents as an action point.

The UKBA’s own good practice guidance highlights the use of agents as one of the key areas that education providers should address in their recruitment of overseas students and this is again reflected in the majority of action plans we are now seeing. In particular the UKBA recommends that education providers should ensure that agents understand their (the education providers) responsibilities as a sponsor; that education providers require agents to attend events intended to provide information on the institution and the course being provided ; that they incentivise and penalise agents’ performance through the phased payment or withholding of commission; and terminate arrangements with agents who do not meet their standards.

Note also that the final sub-paragraph of paragraph 281 of the Sponsor Guidance (04/10) under Reporting Duties requires a sponsor to provide details of any third party or intermediary, whether in the United Kingdom or abroad, that has assisted it in the recruitment of migrant students. This includes agents and also requires the sponsor to inform the UKBA of any agents previously notified who the sponsor stops using.

Immigration notes May 2010

2010-05-07T05:28:00.000-07:00

Immigration notes May 2010

General Election
There have been few developments this month because of the 'purdah' rules which govern all civil servants once an election has been called. UKBA will not comment on or discuss any possible changes to policy or operations until a new Government is in place and policies are agreed with new Ministers. The prospect of a hung parliament could also cause further delay if new policies need to be negotiated between parties.

Highly Trusted Status (HTS)
Whilst the concession removing the need to submit spreadsheets with applications for HTS was welcome, many colleges have received requests to provide the spreadsheet within days of submitting their applications. It is therefore essential that spreadsheets are available for submission if requested.

We hear continued murmurings that some Higher Education institutions are questioning the wisdom of signing up for HTS. The Times Higher Education Supplement 29 April 2010 reported http://www.timeshighereducation.co.uk/story.asp?storycode=411399 that Universities UK has shown its concerns over "poor quality" student visa rules by advising institutions not to apply to become a highly trusted sponsor and by venting its criticisms in Parliament. Like many other education providers, universities are concerned about the tight criteria set for HTS and the damage caused to their reputations if they fail to qualify for or to retain HTS.

Lord Avebury also raised the issue in the House of Lords before Parliament was dissolved referring to Government agreement to review the scheme and to come up with variations to it by 15 April following representations by Universities UK. This did not happen and officials are unwilling to comment on any future changes to HTS due to the “purdah” referred to above. The full text of the debate can be found at http://www.publications.parliament.uk/pa/ld200910/ldhansrd/text/100406-0010.htm.

Visa Operations

Following an enquiry by the British Council, the UKBA has stated that the suspension of visa operations covering Nepal, Bangladesh and the partial suspension in Northern India will be subject to further review during the course of May 2010.

Suspended Colleges

Colleges continue to be suspended and returned to the Register without any clear pattern emerging. The majority are being put back on with a B rating and associated action plan where it is hard to see how the level of improvement required to return an A rating justifies the action taken by the UKBA in their suspension. As a result an increasing number are considering taking legal action. In a recent case of Judicial Review where a college’s licence had been revoked following suspension, the judge commented on the need for an appeals mechanism if the UKBA’s revocation of a licence could effectively deprive a person of their livelihood.

Support from Veristat

We continue to work with colleges to assist them in meeting the UKBA regulations. In particular we are focusing on assisting colleges with the assessment of student intent in accordance with UKBA good practice guidance.

We also continue to work with colleges that have been suspended or downgraded in developing and implementing their action plans or in submitting representations.

If you require any assistance please contact us on enquiries@veristat.co.uk

Immigration Notes April 2010

2010-04-01T09:20:00.000-07:00

Immigration Notes April 2010

Prime Ministers Speech on Immigration

The Prime Minister delivered a speech on immigration on 31 March 2010, only his third major speech on immigration since assuming office. The theme of the speech was “fairness” and how the Government had controlled and would continue to control immigration particularly through the Points Based System. It was a political rather than a policy speech attacking the Conservative proposals for an annual quota and providing reassurance to communities faced with the choice of a BNP candidate. Unfortunately for the Prime Minister, much of the substance of the speech was lost due to criticism that he had used misleading statistics to claim that immigration had fallen in 2009, something he corrected the following day.

The detail of the speech focused on how the Government had tightened up on immigration under the Points Based System, with reductions in the number of skilled workers from 99 thousand in 2007 to 81 thousand in 2008, to 63 thousand in 2009 for Tier 2 or equivalents under the previous system. On Tier 4, the Prime Minister described how the Government had stopped 140 colleges bringing in students from outside the EU in the last year and tightened the rules reducing the hours students on lower level courses can work each week – with the expectation that these changes would see around 40 thousand fewer students coming to the UK in 2010/11 than otherwise would have been the case. Plans for the future maintained the theme of tightening control through increased enforcement, language testing and “earned” citizenship. A full transcript of the speech is available at http://www.number10.gov.uk/Page23011

Highly Trusted Status

The UKBA launched its Highly Trusted Sponsor Scheme on 22 March 2010 which in essence requires colleges providing courses at NVQ3 level and equivalents and courses below degree level (excluding foundation degrees) which include work placements (so-called “restricted” courses) to be recognised as “Highly Trusted” by virtue of their level of compliance with their sponsorship duties over a period judged by for example the number of students who have failed to enroll or complete their courses. Highly Trusted status only relates to Tier 4 sponsors at present and only colleges who have held an “A” rated licence for the last 6 months are eligible to apply. It is, however, implicit in the UKBA’s comments that it will be rolled out to Tier 2 and Tier 5 sponsors later in the year. Key dates under the current phase of the scheme are:

6 April 2010

New Immigration Rules come into force, restricting some course types to Highly Trusted sponsors. Some publicly funded sponsors will be deemed to hold a Highly Trusted sponsor licence from this date, pending a successful application. They will be placed on the register of Highly Trusted sponsors from this date. Privately funded sponsors who hold a standard A-rated licence can continue to assign confirmations of acceptance for studies (CASs) for restricted courses until the end of April, pending an application for a Highly Trusted sponsor licence.

30 April 2010

This is the deadline for privately funded, A-rated sponsors to apply for a Highly Trusted sponsor licence, if they want to continue to assign CASs for restricted courses after this date. If they have not applied by this date, they cannot continue to assign CASs for these courses from 1 May 2010.

30 May 2010

This is the date by which UKBA has said it would like all publicly funded sponsors to apply for a Highly Trusted sponsor licence, if they were deemed to hold a Highly Trusted sponsor licence from 6 April 2010 and they wish to retain that status after 30 June 2010. However, the actual deadline is 30 June 2010.

30 June 2010

End of transitional period. CASs for restricted courses can only be assigned by sponsors who:
§ are publicly funded, were deemed to hold a Highly Trusted sponsor licence from 6 April 2010, have applied for a Highly Trusted sponsor licence, and have been granted that licence or are awaiting a decision; or
§ are privately funded, were A-rated sponsors, and have applied for and been granted a Highly Trusted sponsor licence.
Full information on the Highy Trusted Sponsor scheme can be found on the UKBA website at
http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/highly-trusted/

Migration Advisory Committee (MAC)

The Migration Advisory Committee (MAC) published its latest report on 26 March 2010, making recommendations based on its third partial review of the shortage occupation lists for the UK and for Scotland. Its key recommendations are that the pharmacists category on the UK shortage occupation list be expanded to include community pharmacists (those who work for private employers other than the NHS) and that those orchestral musician jobs that are not for leaders or principals of internationally recognised UK orchestras be removed from the UK shortage occupation list. For a copy of the report see
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/mac/third-review-lists/0310/mac-3rd-review-10?view=Binary

The MAC currently plans to publish a full review of the shortage occupation list in the autumn of 2010.
The Government has also asked the MAC to consider the following question and report by Monday 17 May: “Should the UK Government exclude the London weighting from the points-based system in order to ensure that the points-based system appropriately reflects regional wage differences across the UK, and what effect would that have on the labour market and the economy in the UK?” Stakeholders can contribute views via mailto:mac@homeoffice.gsi.gov.uk%20

Changes to the Immigration Rules Tier 1 and Tier 2

Changes to the Immigration Rules were laid before Parliament on 18 March 2010 and are due to come into effect on 6 and 7 April 2010. The changes implement recommendations made by the Migration Advisory Committee in 2009 and affect Tier 1 and Tier 2 General and Intra-Company Transfer categories. Most of the changes affect the number of points awarded for attributes under these categories. Details of the changes can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/statement-of-policy

College Suspensions

At the most recent count around 120 schools and colleges remain suspended. There is movement with some colleges being re-instated although others are still being added. In the vast majority of cases re-instatement is to a “B” rating with an action plan for improvement. Some colleges have threatened or gone to judicial review either to require the UKBA to provide detailed reasons for their suspension or to challenge the decision. In some cases it has appeared that such action has reduced the time taken for the UKBA to present their detailed case for the suspension but there is no obvious pattern to suggest how or whether such action has affected the final outcome.

We have been working with a number of suspended colleges by reviewing colleges’ processes, recommending areas of improvement based on good practice and assisting in the preparation of representations. If you think we may be able to assist your school or college in any of these areas, please contact us for an informal discussion at enquiries@veristat.co.uk or by phone 0844 335 1619.

Immigration fees

New immigration fees are being introduced from 6 April 2010 and all applicants must ensure that they use the correct form and pay the correct fee from that date. The Tier 4 application fee for entry clearance increases from £145 to £199. The fee for extending permission to stay in the UK stays the same for postal applications (£357) but increases from £565 to £628 for applications under the premium service at a public enquiry office. The fee for a dependant who applies at the same time as the main applicant increases from £50 to £80 for a postal application and to £107 for an application at a public enquiry office.

March update

2010-03-01T09:03:00.000-08:00

Immigration Notes: March 2010

New Rules for Students
Further to our report last month (Immigration Notes February 2010) the Home Secretary made a formal announcement of the changes in the rules relating to non-EEA students via a written statement to Parliament on 10 February 2010. The full text of the statement can be viewed via the following link http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/wms-tier-4-student

The new measures which come into force from 3 March 2010 include:

· English language courses for students aged 16 or older must be at a minimum of level B2 of the Common European Framework of Reference for Languages except for students who are taking pre-sessional English language courses before moving to a degree course and for government sponsored students.
· Reducing the amount of time a student studying below first degree level or on a foundation degree course will be able to work to 10 hours during term time. Students will still be able to work full time during vacations.
· A ban on bringing in dependants for students studying a course at any level for less than six months.
· A ban on dependants of anyone studying a course lower than foundation or undergraduate degree level from working regardless of the length of the course.

The Home Secretary also announced further changes to be introduced from 6 April 2010 with the introduction of a new category of Highly Trusted Sponsor under the points based system for courses below degree level involving a work placement and courses at A level and equivalent. All publicly funded education providers will automatically become Highly Trusted Sponsors when the scheme is launched. There are also rumours that all “A” rated colleges will become Highly Trusted Sponsors (and risk losing that status following inspection if they do not meet the criteria?) but at this stage this is only speculation. The UKBA has invited suggestions for how the scheme might work and further information is awaited.

Final Phase of Tier 4 (students)
On 22 February 2010 the UKBA implemented the final phase of the points-based system's student tier.

From 22 February 2010 all Tier 4 students applying from inside or outside the UK must use a confirmation of acceptance for studies (CAS) in their application. Visa letters can no longer be used for applications made after this date although applications made with visa letters before 22 February will still be processed.

Education providers must now provide all potential students with a CAS reference number and their sponsor licence number (SLN). They will also need to provide students with all of the information they will need when making their application. This information is being referred to as a 'CAS statement'. There is no specified format for this information. It is for use by the student to help them complete their applications. Sponsors can decide what a CAS statement should contain and how to pass the information to the student. The easiest option is probably to send the student a copy of the CAS. The UKBA website also suggests (but does not specifically require) the following:

- student name;
- student date of birth;
- course title;
- course start and end date;
- details of any financial sponsorship/deposits taken;
- documents that should be included as part of an application to prove qualifications;
- CAS number; and
- ATAS certificate (if appropriate).

Application forms
The UKBA has published revised guidelines and application forms for applicants under Tier 2 (highly skilled workers) and Tier 4 (adult and child students). From 22 February 2010 applications should be made using the new forms which are marked “version 02/10”.
Sponsor Guidance

The UKBA has also revised its guidance documents for employers and education providers who hold sponsor licences under the points based system. Copies of the new guidance can be downloaded from the UKBA website via the following link
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/
A table showing the changes to the previous guidance can be viewed at
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/sponsor-changes-220210.pdf

Mandatory Reporting under Tier 4 (students)
From 22 February 2010 sponsors must report via the sponsorship management system (SMS) on students who have used a CAS in an application to the UKBA. Note, however, that reporting duties are not compulsory where a student has been granted permission to enter or remain on the basis of a visa letter (paragraph 257 of the Guidance for Sponsors, page 36).

One of the most common reporting events relates to absence which can on occasions cause some confusion partly as a result of the UKBA’s attempts to create a system which can be applied across the range of education providers. The following summarises the UKBA guidance on this issue.

A sponsor must tell the UKBA if a student misses 10 expected contacts without “reasonably granted permission” which is normally referred to as authorised and unauthorised absence. For students in schools, further education colleges and English language colleges, this will normally be where the student has missed two weeks of a course. In the higher education sector, where daily registers are not kept, 'expected contacts' may include:

· attendance at any lesson, lecture, tutorial or seminar (as relevant to the level of study);
· attendance at any test, examination or assessment board;
· submission of assessed or un-assessed coursework;
· submission of 'interim' dissertation/coursework/reports;
· attendance at any meeting with a supervisor or personal tutor;
· attendance at any 'research method' or 'research panel' meetings or at 'writing up' seminars or 'doctoral workshops';
· attendance at a viva;
· registration (matriculation/enrolment); and
· attendance at an appointment with a welfare advisor or an international student adviser.

It is the up to the sponsor to judge whether a student's absence from their course is authorised or unauthorised. The regulations only refer to an authority which is “reasonably” granted.

Monitoring the UK Border Agency (1) - The Office of the Chief Inspector of the UK Border Agency
The Office of the Chief Inspector of the UK Border Agency was established in 2008 to assess efficiency and effectiveness of the UK Border Agency. The Chief Inspector (John Vine) reports annually to the Home Secretary and the reports are placed before Parliament. The main areas for Inspection are

· Overall performance
· Practice and procedure in making decisions
· The treatment of claimants and applicants
· Consistency of approach
· Discrimination in the exercise of functions
· Enforcement powers
· The handling of complaints
· Country information

The remit of the Chief Inspector does not permit him to consider individual cases. Recent reports cover the processing of asylum seekers and inspections of immigration operations in the UK and overseas. Further information, including copies of the reports can be viewed at
http://www.ociukba.homeoffice.gov.uk/

Monitoring the UK Border Agency (2) - Parliamentary and Health Services Ombudsman
Unlike Australia and the USA, the UK does not have an ombudsman specifically for immigration matters. However, the Parliamentary and Health Services Ombudsman can look into complaints about a service provided by a government department or agency including the UK Border Agency. On 9 February 2010 the Parliamentary Ombudsman, Anne Abraham, published a report on the UK Border Agency entitled “Fast and Fair?”.

The UKBA has consistently generated a large number of complaints to the Ombudsman. In the first nine months of 2009-10 the Ombudsman received 478 complaints about the Agency and reported on 33 investigations of which 97% were upheld in full or in part. ‘Fast and Fair?’ includes eleven case studies that reflect the large number and wide range of complaints referred to the Ombudsman by Members of Parliament. The cases involve applications for asylum, as well as the Agency’s core immigration and nationality work and applications for residence cards. In the report Ann Abraham said; “We have seen progress, but the Agency still have a long way to go on their journey to being able to demonstrate to us that they are meeting the Ombudsman’s Principles of Good Administration, Principles of Good Complaint Handling and Principles for Remedy.”

You can download a copy of the Ombudsman’s report via
http://www.ombudsman.org.uk/pdfs/UKBA-2010-02-09.pdf

Further information on the work of the Parliamentary and Health Services Ombudsman and its services can be found at http://www.ombudsman.org.uk

UKBA Enforcement strategy
The UKBA has published a new five year strategy for dealing with border and immigration crime such as illegal immigration, tax fraud, and the smuggling of prohibited and restricted goods. The strategy which was published on 22 February 2010 addresses both high level organised crime and work to counter other areas of abuse such as the use of fraudulent documents in visa applications and illegal working. The strategy “Protecting our Border, Protecting the Public” can be downloaded via http://www.ukba.homeoffice.gov.uk/sitecontent/documents/managingourborders/crime-strategy/protecting-border.pdf?view=Binary

Further information
Information on the services we offer is available on our website http://www.veristat.co.uk/ or you can contact us at enquiries@veristat.co.uk

February update

2010-02-08T03:55:00.000-08:00

Immigration Notes: February 2010

Replacement of Visa Letters by Confirmation of Acceptance for Studies (CAS)

From 22 February 2010, any student who applies by post or in person at a public enquiry office, to study in the UK under Tier 4 of the points-based system must possess a confirmation of acceptance for studies (CAS) from their prospective sponsor. Students will no longer be able to apply under Tier 4 using a visa letter from that date, even if the visa letter was issued before 22 February 2010. Any applications made with a visa letter after that date will be refused. Students can continue using visa letters until 21 February 2010 even if their course is due to start after 22 February 2010.

Ending of Maintenance concession

The concession allowing students already in the UK to show that they have the money needed on the day they apply has ended. Tier 4 applications made in the UK on or after 1 February 2010 must show that the student has had the required sum of money for maintenance in his/her account for a period of 28 days in line with the requirements for students applying for a visa outside the UK.

Suspension of visa issuing in India

As from 1 February 2010 the UKBA is not accepting any new applications under the Tier 4 student route of the points-based system at the following visa application centres:
North India - New Delhi, Jalandhar and Chandigarh
Bangladesh - Dhaka, Sylhet and Chittagong
Nepal - Kathmandu
This follows similar action in China last year and reports that visa applications in India have increased threefold compared with the 2008, before the Points Based System was introduced. The UKBA has described the suspension as temporary whilst they investigate applications already received to ensure they are genuine.

College Suspensions

Around 200 colleges are now believed to have had their licences suspended during January 2010. UKBA concerns appear to relate mainly to colleges not meeting the requirement to satisfy themselves as to students intentions and/or ability to follow the course but a number of colleges are still waiting to hear the detailed allegations against them. The UKBA has stated that they are still in the process of gathering information and intelligence in relation to some colleges and will be contacting them shortly to arrange a visit when they will tell the colleges of their concerns. Some colleges who have been visited have already had their suspensions lifted.

New Rules for Students

Ministers have announced new rules for students which appear to stem from the Review ordered by the Prime Minister in November although the media is also referring to counter terrorism links following the “Detroit bomber” incident over Christmas. http://news.bbc.co.uk/1/hi/uk/8502640.stm

The Home Secretary referred to the following changes being introduced with “immediate effect” although at the time of preparing this update (8 February 2010) they are not yet reflected in the published Regulations or on the UKBA website:

- Students will have to demonstrate ability in English at an intermediate rather than beginners level.
- Students taking courses below degree level will be allowed to work for only 10 hours a week rather than 20 as at present.
- Those on courses which last under six months will not be allowed to bring dependants into the country. Dependants of students on courses below degree level will not be allowed to work
- Additionally, visas for courses below degree level with a work placement will also be granted only if the institutions they attend are on a new register, the Highly Trusted Sponsors List.

Enhancements to the Sponsorship Management System

The UKBA has announced a number of enhancements to the sponsorship management system as from 22 February 2010. More information can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/January/32-enhancements-sms

Resident Labour Market Test

All vacancies advertised on or after 14 December 2009 must be advertised to settled workers for 28 calendar days rather than 14 days as at present.

Application fees

New regulations were laid in Parliament on 20 January for the fees for immigration and nationality services for 2010/2011 that are set at levels above the normal administrative costs of the service. Proposals for the fees that are set below cost will be published later this month. Details of the proposed fees can be downloaded via the following link: http://www.bia.homeoffice.gov.uk/sitecontent/documents/news/wms-charging-imm-nat-services

Working with Stakeholders

The UK Border Agency has published 'Working in Partnership with Stakeholders' outlining its principles for working with stakeholders. The document can be downloaded via the following link: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/stakeholders/working-in-partnership.pdf

Colleges have their UKBA sponsorship licences suspended

2010-01-20T09:14:00.000-08:00

The UK Border Agency (UKBA) has suspended the licences of around 50 colleges over a few days since 18 January 2010. The colleges appear to be mainly English Language and vocational colleges including some very large ones. There are some indications that the suspensions may be related to a significant increase in the number of students applying to come to the UK from India and Nepal. Student applications from the India have increased significantly since the introduction of the Points Based System and the UK Border Agency are believed to have had concerns for some time about the number of visa letter being issued by UK colleges to students in India.

In many cases the colleges affected had no forewarning of the suspension of their licences. They were not visited by the UKBA but simply received a letter from the UKBA suspending their licence and stating that they had identified a number of concerns. The letters refer to paragraph 281 of the Guidance for Sponsor Applications which states that “A confirmation of acceptance for studies or visa letter may only be issued under Tier 4 if the sponsor is satisfied that the student both intends and is able to follow the course of study concerned”. They go on to say that the UKBA has reason to be concerned about the activity of a number of international students to whom the college has issued visa letters and that in view of that information, believe the college has been failing in its duty to assess students’ intentions effectively and is therefore posing a risk to effective immigration control.

The letters state that “In order to give you the opportunity to explain these discrepancies before we begin revocation action, we have suspended your licence with immediate effect.” However, the colleges are not given the details of the UKBA’s concerns to be able to address them. Rather, the letter goes on to say that the UKBA will be in contact to further explain their concerns. Enquiries of the UKBA have revealed that their aim is to provide this further detail by the end of January 2010. In the meantime colleges remain suspended and have had their names removed from the Register of Sponsors causing damage to their reputations and potential financial loss. Prospective students are left unclear about what will happen to their applications and as suspended colleges are not allowed to issue any visa letters or confirmation of acceptance for studies, students who require these documents to submit an in-time application to extend their stay are unable to obtain them.

Anecdotally, the reasons for the suspensions are being put down to poor procedures for the recruitment of students including failure by the college and/or its agents to ensure that students have a sufficient knowledge of English to be able to take the course; failure by students to enrol on their courses; and poor attendance. If there is evidence that these or other problems exist, it is of course right that colleges be required to take the appropriate steps to address them and to meet their responsibilities as licence holders. However, the current issue is not whether those problems exist but the detrimental effect of the sanctions that have been taken against the colleges without any forewarning or sight of the evidence against them and therefore without any opportunity to respond. Nor is it clear why the UKBA chose this blanket approach when other options were available such as temporary downgrading of the licence to a “B” rating followed by withdrawal where no improvement was seen.

Colleges and representative bodies have been making representations to the UKBA over the handling of this matter but many are still waiting to hear the detail of the UKBA’s concerns. When the UKBA does contact them either via a visit or by letter, the college will then have 28 days to respond. Whilst the response might be partly explanatory and defensive, it is important that it should also refer to the action a college has taken or plans to take to address these issues for the future. The UKBA will consider the response and come back to the college within 14 days with a decision on whether they intend to withdraw the licence, downgrade it to a “B” or take no further action.

If you are a college that has been affected by the suspensions and would like to speak to us about immigration support now or in the future, or would like to contribute your experiences to any further articles on this topic or, we would like to hear from you at enquiries@veristat.co.uk

January update

2010-01-08T09:00:00.000-08:00

Immigration Notes: January 2010

· The UKBA has warned against passwords for the Sponsorship Management System being revealed to colleagues to allow them to use the system. Passwords should never be disclosed to another person, including colleagues within the organisation. If you wish a colleague to be able to use the system they should be formally added as an additional user. The UKBA has warned that failure to comply with this requirement could lead to the downgrading or loss of an organisation’s licence.

· The UKB has highlighted the requirement under paragraph 280(d) of the Guidance for Sponsor Applications (October 2009) to report to the UKBA details of any third party or intermediary, whether in the United Kingdom or abroad, that has assisted it in the recruitment of migrant students and clarified that his includes overseas agents. The concerns appear to have arisen following the closure of operations and review of activities in China but apply equally to agents in other countries. The UKBA has also referred to visits to colleges to assess methods for recruiting students. Reporting on agents used is via email MigrantReporting@UKBA.gsi.gov.uk for those issued with visa letters or via the SMS reporting function for those issued with Certificates of Acceptance.
· Changes to the Immigration Rules were laid before Parliament on 10 December to allow for the final phase of the roll-out of Tier 4 (Students) of the points-based system. From 22 February 2010 all students under Tier 4 will require an electronic Confirmation of Acceptance for Studies, issued via the Sponsorship Management System, rather than a visa letter. The UKBA is expected to produce further information shortly on transitional arrangements including changes to application forms.
· Changes have also been made (with effect from 1 January 2010) to the child visitor rules which are often used for children under 18 taking short courses. These include additional requirements for the care of children under the age of 16.
· The concession allowing students applying within the UK to show only that they have the money they require on the day they apply is due to end in February. The wording of the concession was that it related to students applying before February so the assumption is that it will end on 31 January.

· The process driven nature of the Points Based System has lead to concerns by the UKBA that colleges are taking students without fulfilling the requirement to satisfy themselves that a student is capable of following the course. This applies particularly to a student’s ability to speak/understand English and we have seen a number of cases where this has been challenged including by immigration officers on arrival in respect of students who have already been issued with visas. The visa letter requires a sponsor to quote the evidence on which the student’s ability to follow the course has been assessed and this requirement is carried forward for the issuing of Confirmation of Acceptance for Studies under the Sponsorship Management System.

Migration Advisory Committee (MAC)

2009-11-18T03:27:00.000-08:00

The Migration Advisory Committee (MAC) published its latest report on 21 October 2009. This is its second partial review of the shortage occupation lists for the UK and Scotland. The MAC produced its first recommended lists in September 2008, which were accepted in full by the government. The MAC carries out partial reviews every six months, with a full review every two years. It published its first partial review in April 2009. The MAC has now reviewed all occupations originally recommended in September 2008. The lists identify occupations where there are insufficient UK workers. They can be used by employers under Tier 2 of the Points Based System to bring in non-EEA workers without having to meet the requirements of the resident labour market test by advertising the post. A prospective employee can also submit an application without having to show previous earnings or qualifications although he/she will still have to provide evidence o maintenance and English language skills.

The reports detailed recommendations are as follows. The numbers in brackets refer to the Standard Occupational Classification (SCOC) code as used in the UKBA’s Codes of Practice.

Additions:
• Project managers within the electricity transmission and distribution industries (1121)
• Site managers, station managers, shift/group leaders within the electricity transmission and distribution industry (1123)
• Mechanical engineers in the electricity transmission and distribution and the electricity generation industries (2122)
• Electrical engineers in the oil and gas industry and power system engineers, control engineers, protection engineers, project control engineers, control and instrumentation engineers, assistant engineers, electrical engineers within the electricity transmission and distribution industry (2123)
• Design engineers within the electricity transmission and distribution industry (2126)
• Plant process engineers within the electricity generation industry (2127)
• Planning/development engineers and quality, health, safety and environment engineers within the electricity transmission and distribution industry (2128)
• Project engineers and proposals engineers within the electricity transmission and distribution industry (2129)
• Higher-level specialty trainee posts in paediatrics (ST4 level) (2211)
• Non-consultant, non-training, medical staff posts in general internal medicine (acute) (2211)
• Pre-registration pharmacists working in the NHS and hospitals (2213)
• All teaching posts in special schools (2316)
• Commissioning engineers (3113)
• Production controllers in the electricity generation industry (3119)
• Licensed and military certifying engineers/inspector technicians and airframe fitters (5223)
• Site supervisors within the electricity transmission and distribution industries (5249)
• Skilled meat boners and meat trimmers (5431).

Amendments
• Simplified list of relevant job titles under the physicists, geologists and meteorologists occupation (2113)
• Change from previously listed a nurse specialities in connection with operating theatre work to ‘specialist nurses working in operating theatres’ (3211)
• Change from previous inclusion of nurses working in critical care units with a level 2 or level classification to nurses working in neonatal intensive care units only (3211)
• Change from previous inclusion of overhead linesworkers to overhead linesworkers within the electricity transmission and distribution industries only (5243)
• A three-year experience requirement for skilled chefs (5434).
• Slight change in the licencing arrangement for work riders (6139).
• Amendments to the skill definition of ballet dancers (3414).

Removals
• Most civil engineers (2121)
• Consultants in chemical pathology (2211);
• Consultants in child and adolescent psychiatry (2211);
• Consultants in clinical neurophysiology (2211);
• Consultants in clinical pharmacology and therapeutics (2211);
• Consultants in dermatology (2211);
• Consultants in immunology (2211);
• Consultants in intensive care medicine (2211);
• Consultants in paediatrics (2211);
• Consultants in plastic surgery (2211);
• Consultants in renal medicine (2211);
• Clinical psychologists (2212);
• Consultants in orthodontics (2215);
• Health Professions Council (HPC) registered ophthalmic and vision scientists (2112);
• Aircraft component manufacturing engineers (3113)
• Ship and hovercraft officers (3513).

The Government announced on 12 November 2009 that it was accepting the MAC's recommendations. This new shortage occupation list for the United Kingdom and Scotland will apply to all certificates of sponsorship assigned on or after 14 December 2009. Applications based on certificates of sponsorship assigned before this date will be considered against the shortage occupation list in place at the time.

Prime Minister’s Speech on Immigration

2009-11-18T03:19:00.000-08:00

On 12 November 2009 the Prime Minister made his first speech on immigration since February 2008. There are rarely any coincidences of timing in politics. Immigration is always rated highly amongst issues of interest to the public but the Guardian reports that private polling conducted during the summer by the Unite trade union showed that immigration is the single biggest issue leading natural Labour voters to defect either to the more extreme parties, such as the British National party, or refusing to vote at all.

The impact of the recession on employment and associated concerns about foreign workers, reports of Baroness Scotland’s employment of an illegal worker, the appearance of the BNP on Any Questions and the Home Secretary’s negative comments about Labour’s record have all combined to keep immigration in the media and provided a platform for the Tories to criticise Labour policies as ineffectual.

The Government has therefore recognised the need to reassert that it is in control by welcoming the contribution immigration has made to British society, confirming that it has been listening to the people and understands the issues, highlighting what it has achieved recently and rejecting Tory proposals for quotas as unworkable by reference to experience in the USA. Instead, the Government will tighten the existing points based system in order to manage and control migration.

The Prime Minister refers to the Migration Advisory Committee whose latest report had been accepted by Government (coincidentally) on the same day as the speech and that with the benefit of further training for the domestic workforce will be looking at further reductions in shortage occupations in the future. Examples cited by the Prime Minister are engineering roles, skilled chefs, and care workers. The time for a job to be advertised under the resident labour market test through a job centre will also be increased from 2 to 4 weeks.

He also re-affirms that the Points Based System will be extended to permanent residence and citizenship so that the right to stay permanently will no longer follow automatically after living in the UK for a certain number of years but will require a period of probationary citizenship and points-based test, with evidence of continuing economic contribution, of skills, of progress in English and knowledge of life in Britain. The right to post-18 education at the ‘home rate’, permanent social housing tenancies and some social security benefits will not be available to probationary citizens.

The Prime Minister also announced a review of student visas - to be conducted jointly by the Home Office and the Department for Business and to report in December. The review will look at the case for raising the minimum level of course for which foreign students can get a visa. It will also examine the case for introducing mandatory English language testing for student visas other than for English courses and review the rules under which students on lower qualification courses work part-time, especially those on short courses.

Sponsorship Management System

2009-01-16T01:51:00.000-08:00

Sponsorship Management System

Under the Points Based System, once an application for a licence is successful, the sponsor (normally an employer or educational establishment) will receive a sponsor licence number and be able to use the sponsorship management system, an online tool for the administration of sponsorship actions. Sponsors are provided with a username and password to log onto the sponsorship management system from the UK Border Agency website. (Note that for educational establishments acting as tier 4 sponsors, the sponsorship management system will not go live until Autumn 2009.)

The first step is for the sponsor to allocate four roles:

• Authorising officer – responsible for the activities of all users of the system (although ultimately it is the sponsor itself that is ultimately responsible and risks action being taken against it in the event of non-compliance)
• Level 1 user – able to undertake the full range of activities under the sponsorship management system
• Level 2 user – able to undertake a more limited range of activities under the sponsorship management system
• Key contact – the nominated point of contact between the UK Border Agency and the organisation.

These roles can be filled by the same person or different people but there can only be one authorising officer. It is for the authorising officer to decide how many people should have access to the system bearing in mind that the authorising officer can fill any of the other roles him/herself. In particular, if the authorising officer wishes to have access to the system, he/she must also set himself up as a level 1 or level 2 user, although additional level 1 and level 2 users can be appointed. (Note that the sponsor should appoint only one level 1 user at the time of application for a licence but that additional level 1 users can be nominated via the sponsorship management system after a licence has been approved.) Whilst not necessarily undertaking the tasks on a regular basis, our advice in most cases would be for the authorising officer to also be a level 1 user.

The sponsor should also appoint one key contact. As before, the key contact can be the authorising officer; it can be a single specific role; or combined with other roles. But again, the key contact must also be a level 1 or level 2 user to have access to the sponsorship management system. In our view, there is logic to combining the role of key contact with that of level 1 user. The level 1 user is responsible for setting up accounts for level 2 users.

Note that the UK Border Agency make background checks on the authorising officer, key contact and level 1 user.

The authorising officer must be a paid staff member or office holder of the organisation and cannot be a “representative”, a contractor, member of a third party organisation, temporary staff member or un-discharged bankrupt.

The key contact, level 1 and level 2 users can be paid members of staff or a “representative” acting on behalf of the organisation but cannot be a contractor engaged for a specific project. Level 1 and level 2 users (but not the key contact) can also be members of a third party organisation engaged to deliver an organisations HR function and level 2 users can be staff supplied to an organisation but employed by an employment agency.

“Representatives” must be qualified to provide advice in accordance with Section 84 of the Immigration and Asylum Act 1999 or a regulated member of a designated body (or working under the supervision of such a person) listed in the Act.

Veristat is regulated by the OISC, is qualified to provide immigration advice and able to act as your “representative” in helping with the completion of licence applications, acting as the key contact and in undertaking all or part of the roles of Level 1 and 2 users. Contact us now at info@veristat.co.uk or on 0844 335 1619 for a preliminary discussion of your requirements.

We would also welcome hearing your views and experiences of using the sponsorship management system for inclusion in future articles on this blog. Contact us on info@veristat.co.uk

Register of Sponsors

2009-01-16T01:41:00.000-08:00

Register of Sponsors

Under the Points Based System (PBS), employers or education providers who wish to act as “sponsors” (that is, employers who wish to employ non-EEA nationals or educational establishments who wish to recruit non-EEA students) require a licence.

Licences can be applied for under tiers 2, 4 and 5. Applications under tier 3 are currently suspended.

Tier 2:

• Skilled workers
• Intra-company transfers
• Sports people
• Ministers of religion
Tier 4:
• Students

Tier 5:

• Creative and sporting workers.
• Charity workers;
• Religious workers;
• International agreement workers.

Once an organisation granted a licence, it is added to the register of sponsors.

The register of sponsors has the name, location (town and region) and rating of the organisation.

Unfortunately, the register does not show the sector in which the organisation operates or any other details which could be useful for research purposes.

The rating for an organisation can be an ‘A’ or a ‘B’. An ‘A’ rating indicates that there has been no previous evidence of abuse by an organisation and that all the necessary systems are in place. The UK Border Agency defines a ‘B’ rating as indicating that “there may be previous evidence of abuse [of the immigration laws or serious offences in connection with the way the business is run], or a visiting officer has found evidence that the correct systems are not in place or not adequate to meet your duties [under the PBS].”

A ‘B’ rating is regarded as a transitional measure carrying with it an expectation on the part of the UK Border Agency that performance will improve within a relatively short time (normally 3 months) to warrant upgrading to an ‘A’ rating. An action plan will be drawn up setting out the steps required to achieve an ‘A’ rating. If an organisation does not comply with the action plan, its licence can be withdrawn.

There are two Registers of Sponsors that can be viewed on the Home Office website: one for employers with 6123 entries and the other for educational establishments with 724 entries. 96 of the organisations on the Register are rated ‘B’ (figures as at 12.1.2009). Note, however, that educational establishments are also included (repeated) on the ‘employers register. For further information see the UK Border Agency website:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/pbsregisterofsponsors

Veristat can help you with your application for a sponsorship licence and action plan to upgrade a ‘B’ rating. Contact us now at info@veristat.co.uk or on 0844 335 1619 for a preliminary discussion of your requirements

We would also welcome hearing your views on the register of sponsors for inclusion in future articles on this blog. Contact us on info@veristat.co.uk.

Civil Penalties and the Employment of Illegal Workers

2009-01-16T01:30:00.000-08:00

Civil Penalties and the Employment of Illegal Workers

Ministers have described the introduction of the Points Based System (PBS) as one of the biggest changes to the UK immigration system in recent years. Sitting alongside the PBS, and arguably of equal significance has been the introduction of civil penalties of up to £10,000 for employers of illegal migrant workers.

It is well understood that ease of access to the workplace encourages illegal migrants and that conversely, making it more difficult for a person to take employment when not entitled deters illegal migrants. UK immigration legislation has for many years included provision for the prosecution of employers who have knowingly employed illegal migrant workers but successful prosecutions have proved difficult and as a result relatively rare. Operationally, the focus of the UK Border Agency and its predecessors has tended to be on tracing individual illegal migrants, a highly resource intensive and all too often unsuccessful task, rather than looking further up the chain at employers.

The introduction of civil penalties on 29 February 2008 along with the licencing of employers under the PBS has changed this landscape. The imposition more than a decade ago of civil penalties on airlines and other carriers for bringing people to the UK without adequate documentation provides a precedent for the effectiveness of a policy which looks to a third party to help police the immigration system. Whilst there is a sound argument to say that employers have always had a responsibility for who they employ, this is now being re-enforced by tough penalties and sanctions which are administrative rather than criminal, easier to apply and far more effective than anything that has existed in the past.

This is not just a cosmetic campaign. It is a completely different strategy which recognizes the motivation of illegal, economic migrants to work and seeks to shut down their ability to do so by involving employers and educational establishments in the policing of the system. The seriousness of the UK Border Agency’s intent is also seen in their publication on its website of the details of employers who have been found to be liable for a civil penalty for employing illegal migrant workers.

Publication started in June 2008 and includes penalties recorded for during the previous month. Data is for employers against whom notices of liability have been issued and civil penalties imposed for the use of illegal migrant workers. It is recorded for each of 6 regions reflecting the structure of the UK Border Agency and shows employer and company name, location of the company, number of illegal workers amount and date of the penalty. Latest data (November 2008) covers the period broadly May – mid September 2008 and shows penalties of £1,550,000 in respect of 334 illegal workers. Figures by region are:

North East, Yorkshire and Humberside

Number of illegal workers
47
Amount of civil penalty imposed
£230,000

Midlands and East of England

Number of illegal workers
73
Amount of civil penalty imposed
£312,500

Wales and South West

Number of illegal workers
49
Amount of civil penalty imposed
£237,500

North West

Number of illegal workers
51
Amount of civil penalty imposed
£232,500

Scotland and Northern Ireland

Number of illegal workers
29
Amount of civil penalty imposed
£140,000

London and South East

Number of illegal workers
85
Amount of civil penalty imposed
£397,500

Veristat can help you avoid employing illegal workers and the consequent risk of a civil penalty by carrying out the proper documents checks in accordance with the new regulations. Contact us now at info@veristat.co.uk or on 0844 335 1619 for a preliminary discussion of your requirements

We would also welcome hearing your views on the operation of civil penalty system for inclusion in future articles on this blog. Contact us on info@veristat.co.uk