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.
Thursday, 6 January 2011
Wednesday, 1 December 2010
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.
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.
Sunday, 31 October 2010
Immigration News and Updates: November 2010
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.
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.
Monday, 4 October 2010
Immigration Notes October 2010
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.
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.
Sunday, 29 August 2010
Immigration Notes September 2010
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.
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.
Monday, 2 August 2010
Immigration notes August 2010
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
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
Thursday, 3 June 2010
Immigration Notes June 2010
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.
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.
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