Changes to Tier 4 Student Rules
On 22 March 2011, the Home Secretary announced a number of changes to the current Tier 4 student system. This was followed on Thursday 31st March by the publication of 4 documents:
• The Immigration Rules which is the legislation introducing the changes
• An explanatory statement of the Rules
• A Statement of Intent setting out the Government plans for further change
• Sponsor Guidance covering the detail of how the changes will be implement but also including some additional minor changes to the previous Guidance.
The new Rules come into force on 21 April 2011 and until then are subject to Parliamentary scrutiny. An impact assessment is still to be published.
The changes will inevitably have a significant impact on education providers in the UK at all levels. Not surprisingly, a number of organisations are planning to challenge the new legislation and policy and Veristat in partnership with Quist Solicitors have been advising not only on the legal aspects but also on a holistic approach to challenging the changes. In parallel we have been working hard with both existing and new clients helping them achieve HTS.
Interim Limit
The key change for education providers being introduced under the new Rules will be the interim limit. This will apply to all private sector providers (because they are outside the public system of review and audit) and public sector providers who are not HTS. All education providers sponsoring students under Tier 4 will require HTS by April 2012 and accreditation by one of the public accrediting bodies by December 2012. However, currently neither of the best known public bodies (OSTED and QAA) claim to know anything about the proposed changes or how they will be implemented.
Under the interim limit, as from 21 April, all current CAS allocations will be withdrawn although there is nothing to prevent colleges continuing to issue CAS from their current allocation until that date. From 21 April 2011, a new CAS allocation will be made based on the number of CAS issued during the period 1 March 2010 – 28 February 2011 which have resulted in a successful application for either a visa of extension of stay. Due to the time taken by UKBA to process an application, in practice this suggests the relevant period might only be around 9 months because of the time that needs to be allowed for a decision to be reached on the application.
For colleges who had a licence for only part of the period, the UKBA will use a multiplier to cover the full 12 month period which in the light of the requirement to base the figure on the number of successful CAS issued, may place newer colleges in a better position than those who have been operating for a full year.
Where a sponsor did not have a licence for the period 1 March 2010 – 28 February 2011the interim limit will be the number of CAS allocated less 26% which the UKBA sees as the average number of refusals, a figure previously unpublished.
Where the figure for the last year is zero, the allocation under the interim limit will also be zero which potentially affects colleges whose licence happened to be issued during the early part of this year and who did not have an opportunity to issue any CAS successfully before 28 February 2011.
Also under the new Rules, only colleges who are A rated will be able to issue CAS to new students, despite the fact that current UKBA Guidance states that all new colleges will normally be B rated.
A number of these points appear to be blatantly unfair and open to challenge either legally or by lobbying and together with our partner Quist Solicitors we would be pleased to discuss how we may be able to support colleges or organisations in any of these areas.
Statement of Intent
The statement of Intent covers further proposed change including restrictions on employment; dependants; the length of time a student can study in the UK; and the ending of the post study work provision in March 2012. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/sop4.pdf
The implication is that some or all of these areas remain undecided and that a further set of Rules will be published in a few months. The Guardian reported in early March that David Willetts, the universities minister had told the Home Affairs Select Committee that the areas on which the coalition were most undecided were regarding post study work and ability of spouses of students to work in the UK. http://www.guardian.co.uk/education/2011/mar/03/ministers-limit-international-students
This again provides an excellent opportunity for challenge through lobbying and one on which we will continue to work together with Quist Solicitors.
Home Affairs Committee Students
The Home Affairs Committee has published the report on its findings following the consultation on student visas. The Committee found that international students are “of vital importance” to the British economy.They also concluded that a cap on student visas is “unnecessary and undesirable” and that students are not migrants, even if the UN requires students to be included in migratory flows.
The full report of the Home Affairs Committee on student visas can be found at http://www.parliament.uk/business/committees/committees-a-z/commons-select/home-affairs-committee/news/110317-student-visas-release/
Tier 2 and Tier 5
New Codes of Practice for sponsored skilled workers are being published and 8 occupations are being removed from the shortage occupation list.
The Worker Registration Scheme
The Worker Registration Scheme introduced in 2004 for the so-called A8 countries (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia) will close on 30 April 2011 so that A8 nationals will have access to the labour market on the same terms as other EU nationals (except Bulgarians and Romanians). http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/march/24-wrs-closure
Settlement
The rules for settlement will change on 6 April 2011. The changes include:
• A new criminality threshold
• A new income requirement
• Reform of the English language requirement
• A fast route to settlement for Tier 1 (investor) and Tier 1 (Entrepreneur) who meet the criteria
• http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/42-settlement?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Report on Amman and Istanbul visa sections
The Independent Chief Inspector of the UKBA has issued a report following inspections of the UKBA visa operations in Amman and Istanbul. The report‘s findings identified:
• Problems with the quality and consistency of decision making
• Applications incorrectly refused on the assumption that the documents provided were false.
• Failure to retain important supporting documentation.
• Case working notes impossible to understand.
• Applicants refused on the basis of requirements that were not clear to them when they applied for their visas.
• Key evidence provided by applicants ignored.
• On the positive side the Chief Inspector saw evidence of effective working with stakeholders and (Istanbul) identified good examples of effective decision making, well-structured refusal notices and initiative to enhance service quality.
• http://icinspector.independent.gov.uk/wp-content/uploads/2011/02/An-inspection-of-UKBA-visa-section-in-Amman-Jordan.pdf
News from abroad
Worldwide Increase of the number of international students
The number of international students around the world is continuing to increase. UNESCO has reported an annual increase of 12% per year with an increase of more than 75% since 2000. According to the Institute of International Education, the US is the primary destination, with 691,000 students who bring around £12.3bn to the American economy. The top three sending countries are China, India and South Korea.
The UK is the second biggest destination for international students. However, the British Council has revealed that there are more students taking UK degrees in their home countries than there are international students coming to the UK. http://www.bbc.co.uk/news/business-12671198
China
China is the major sending-country of students abroad. In 2009, 229,300 Chinese students went to study abroad. However, China is also becoming a major recipient of international students. In 2008, there were over 200,000 international students in China and the figures are increasing year on year. According to the outline of China’s National Plan for Medium and Long-Term Education Reform and Development (2010-2012), China aims to become the biggest receiving country of international students. http://www.universityworldnews.com/article.php?story=20110325202603176
Veristat Services
Student Visa applications
Following requests from clients, we have launched a new visa application service for students under www.studentvisasuk.co.uk Student VisasUK is part of Veristat and will offer the same high level of professional service as we have been providing to corporate clients. The new service will specialise in providing advice and support to students both in the UK and abroad when applying for a visa to study or an extension of stay. Our charges are open and clear and if students fail to get their visa, we will give them back the money they paid for our services. For further information see our website at www.studentvisasuk.co.uk
Partnership with Quist Solicitors
We are delighted to announce a partnership between Quist Solicitors and Veristat. Between us we have advised over 200 institutions, reduced costly and damaging immigration compliance risks and assisted with licence applications. In partnership we will deliver solutions for businesses and education providers, bringing our combined experience, knowledge, skills and contacts to provide a pro-active immigration risk management service.
Quist is led by Akhtar Raja a solicitor with over 20 years’ experience. Widely considered by major private colleges as the leading firm in the field of sponsor regulatory work, Quist has advised numerous institutions and built a unique experience-base in successfully steering colleges through complex and potentially damaging investigations, applications relating to their licences and where necessary, litigation.
Our strategy is to give our full commitment to achieving the best possible and most cost-effective outcome for individual institutions. We tailor strategies by combining legal challenges or the prospect of legal challenges against the UKBA with focused negotiations and ensuring future compliance. http://www.quistlaw.com/
HTS applications and immigration support
For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk
Sunday, 3 April 2011
Tuesday, 1 March 2011
Immigration Notes: March 2011
Damian Green speaks on UK Immigration and Students
Immigration Minister Damian Green gave a speech to the Reform Think Tank on 1 February 2011 marking the end of the consultation period on students. The speech covered the full range of government policy on immigration but interestingly, the section on students concluded with the Minister highlighting the following 4 points for the future:
• that only providers who are Highly Trusted will be able to offer courses below degree level (NQF level 6)
• that we create a stricter system of accreditation and inspection for those providers not regulated by OFSTED
• that all tier 4 students should speak English at upper intermediate level on the European reference framework (bearing in mind the minimum level of course in tier 4 is A-level equivalent and above)
• to increase the ratio of classroom study to work on courses with a work placement component
Whilst these points cannot represent a firm policy until responses received under the consultation have been fully considered, they do provide a strong indicator of the way Government is thinking.
On Post Study Work the Minister stated: “At a time when graduate unemployment is at its highest level for seventeen years we need a more targeted approach. I proposed in the consultation that students should still be able to switch into tier 2 jobs, but they must have an offer from a sponsor rather than having unfettered access to the UK labour market for two years through the Post Study route, competing for jobs with the hundreds of thousands of unemployed UK graduates. We will consider the options, for example reducing the length of time that graduates can seek skilled work in the UK, in the light of the consultation responses.”
A copy of the full speech can be downloaded from http://www.homeoffice.gov.uk/media-centre/speeches/immigration-reform
Tier 4 Restrictions: Implications for Universities
A report for the Higher Education Policy Institute (HEPI) states that measures to curb student numbers would cause UK universities lose billions of pounds. The study by Professor Edward Acton also argues that the current plans are designed to cut recruitment rather than visa abuse, will have a negative impact on the UK’s economy and affect Britain’s ability to compete effectively on the global stage.
http://www.hepi.ac.uk/466-1934/The-UKBA%e2%80%99s-Proposed-Restrictions-on-Tier-4-visas--implications-for-University-recruitment-of-overseas-students.html
Secure English language tests
The application process for the provision of secure English language tests closed on 31 January 2011. The new list will be published in Spring 2011.
Tier 2: Eligible Occupations
The Migration Advisory Committee (MAC) has recommended a new shorter list of occupations eligible for migration under Tier 2 of the points-based system. As part of its review of the immigration system, the government raised the threshold for Tier 2 visas to 'graduate level' and commissioned the MAC to examine which occupations should qualify.
The government asked that the MAC use the National Qualifications Framework (NQF) level 4 and above as the relevant benchmark. This will reduce the number of occupations qualifying for Tier 2 visas by 71, down from 192 to 121. The shorter list of occupations means that Tier 2 applicants will only be able to apply for jobs covering the most skilled 39 per cent of the labour market rather than the current 56 per cent.
Among the occupations which would still qualify for entry under Tier 2 of the points-based system are nurses, teaching professionals, civil engineers and finance and investment analysts. Occupations which were qualified as skilled to the old level but are not to the new one include retail managers, hairdressing and beauty salon managers, laboratory technicians, and estate agents.
Tier 2: Independent Chief Inspector’s Report
The Independent Chief Inspector of the UK Border agency published on 16 February 2011 his thematic report on Tier 2 of the points-based system (PBS) with the summary comment that the UK Border Agency needs to implement and maintain a consistent approach to decision making and also increase its focus on compliance of the skilled migrant tier (Tier 2) of the points-based system.
The inspection took place between July and August 2010 and focused specifically on the General and Intra-Company Transfer categories of Tier 2, assessing the quality of decisions, compliance and customer service. The inspection found:
The Chief Inspector was concerned to find:
• Inconsistent approaches to the decision making process on Tier 2 cases which meant that some applications were refused because of minor omissions of evidence or information whereas others were given additional time to supply the missing information;
• Applicants were having to make and pay for subsequent applications because of minor omissions which could have been addressed with minimal effort by the Agency;
• As a result of subsequent applications, the Agency was having to use additional resources to make further assessments and decisions;
• There was no evidence of a systematic approach to ensure that post-licensing visits were carried out on sponsors retrospectively; and
• the Agency did not routinely take the required action to curtail the leave of migrants who had stopped working for their sponsor whilst on a Tier 2 visa.
On the positive side, the Chief Inspector noted that on the whole, UKBA was meeting its performance targets for processing Tier 2 applications; there was positive feedback from stakeholders on working relationships; and staff demonstrated professionalism, enthusiasm and commitment.
http://icinspector.independent.gov.uk/news/
Proposed Changes to Tier 2
The Government has announced details of its intentions regarding skilled workers applying under Tier 2. The statement is not definitive as the rules will be subject Parliamentary scrutiny but it give a very good idea of what is planned for the future. It is expected that the changes will be placed before Parliament during March with a view to implementation in April 2011.
Under the new system, employers will have to apply for a certificate of sponsorship from the UK Border Agency for a specific post if they wish to bring someone to the UK which is a change from the current system which gives businesses an annual allocation.
The government has also announced that employers filling a vacancy that attracts a salary of £150,000 or more will not be subject to the limit on the number of certificates of sponsorship that may be allocated.
The annual limit of 20,700 certificate of sponsorship will be divided into 12 monthly allocations. Due to the likely demand in the first month, 4,200 certificate of sponsorship will be made available in April. After that the limit will be set at 1,500 places per month. Any places that are unused each month will be rolled over to the following month.
In the event that the monthly allocation is over subscribed, certificates of sponsorship applications will be ranked using a points system designed to favour jobs on the shortage occupation list, scientific researchers and those with a higher salary. Once a certificate of sponsorship has then been granted to an employer it must be assigned to the prospective employee within 3 months.
Workers from outside the EU who want to come to the UK will need to have a graduate level job, speak an intermediate level of English, and meet specific salary and employment requirements.
The intra-company transfer route, which is not part of the annual limit, will also be changed in 3 ways:
• The job will have to be in an occupation on the graduate occupation list;
• Only those paid £40,000 or more will be able to stay for more than a year. They will be granted for 3 years with the possibility of extending for a further 2; and
• Those paid between £24,000 and £40,000 will be allowed to come to the UK for no longer than 12 months, at which point they must leave and will not be able to re-apply for 12 months.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/reports/soi-tier2/tier2-soi-transitional-measures?view=Binary
New UKBA Fees
The Immigration minister Damian Green has announced new fees for those wishing to visit, study and work in the UK. A copy of the Minster statement and details of the new fees can be found via the link below. The list includes a new fee of £160 for “permission to change course”. This is “for migrants that applied to UKBA for permission to study from 31 March 2009 to 4 October 2009”.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/wms-fees-spring-2011.pdf
Indefinite Leave to Remain (ILR)
New guidance on how to calculate the qualifying period for indefinite leave to remain has been published and can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/ilr-calculating-continuous/ilr-calculating-continuous.pdf?view=Binary
Libya
Due to the current situation in Libya, the UK visa application centre in Tripoli has been temporarily closed. The UKBA advice to Libyans in the UK who are due to leave in the coming days and weeks is to keep proof of original travel plans as evidence of their intention to comply with their visa requirements. They should continue to monitor the situation regarding travel advice to Libya, and make arrangements to return as soon as it is safe to do so. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/february/59libya-ukba-operations
India: New law covering education agents
A new law being proposed in India would make it compulsory for education agents to register with the Indian government. The Ministry of Overseas Indian Affairs is reported as saying that it will introduce a bill regulating overseas university agents, providing for both a fine and a jail term for unregistered education agents.
http://www.universityworldnews.com/article.php?story=20110204224357407
Veristat Services
Accompanied Visits
In response to requests from clients, we can provide a member of our team to accompany you on your recruitment visit abroad. The service includes assistance with planning of the trip; presentations on both your college and Tier 4; on site interviews of students; and working alongside your own people in the recruitment of prospective students. We have recently completed a successful tour to Pakistan with a college which resulted in the recruitment of 150 students.
Student Recruitment Fairs
Many countries have good quality students who want to come to the UK to study but who don’t know the range of colleges and courses available to them or who are directed towards specific colleges by agents. College fairs offer an excellent opportunity to present your college and the courses you offer to thousands of prospective students but can prove expensive in both time and costs. Veristat offers a service to bring the students in these countries and UK colleges together in a cost effective way by representing you at recruitment fairs and student events. This can either be sole representation or by sharing a stand with other colleges to reduce costs. See our website or contact us for further information at enquiries@veristat.co.uk
Support for Tier 4 Sponsors
For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk
Tuesday, 1 February 2011
Immigration News and Updates: February 2011
Student Consultation
The month has been dominated by the UKBA consultation on the student immigration system which closed on 31 January. Most if not all of the major representative bodies held events to canvas opinion on the proposals and unofficial estimates are that the responses received by the UKBA are in the tens of thousands. It is understood that the UKBA has also been holding workshops to take the views of its own staff.
Ministers have been active in responding to organisations lobbying against a level of restriction which it is believed would damage the industry. Universities UK for example argued that many international students are recruited from non-degree courses and account for 9% of the income of the sector. Immigration Minister Damian Green said that even if international students were vital to the UK, “we must be more selective about who can come here and how long they can stay”.
http://www.bbc.co.uk/news/education-12296161
On the 27th of January 2011, Immigration Minister Damian Green answered questions regarding changes in UK immigration rules and the consultation on international students. Damian Green’s main argument was that proposed changes were aimed at “driving the abuse out of the system” and raising the reputation of British education institutions. The Minister went on to say that the cuts will have no effect on genuine universities and genuine students, but on bogus colleges which advertise courses which “barely exist”.
The programme can be found until the 3rd of February at http://www.bbc.co.uk/programmes/b00xslvg
Even the UKBA itself has been promoting the Government’s proposals by linking the case of a Bangladeshi student refused entry at Birmingham Airport to the consultation process. Oddly, this case revolved around the student using falsified documents being accepted by the visa officer. The college had no record of the student and there was no suggestion that it was at fault. There did not therefore appear to be any obvious link to the issues under consultation. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/jan/69bogus-student-sham
UKBA’s revised policy on students following the consultation is expected to be published in March.
Coalition Government’s Immigration and asylum policy
The House of Commons Library has produced a very useful paper summarising recent Government statements about its intentions for immigration and asylum policy, and specific changes which it has already introduced. Some of the key proposals referred to in the paper are:
• A new visa category “for people of exceptional talent” under Tier 1.
• No cap on the number of investor and entrepreneur visas available.
• 20,700 jobs to be available under Tier 2. Tier 2 restricted to ‘graduate-level’ jobs. Inter-company transfers excluded from the annual limits, but will be subject to salary thresholds.
• Tougher criteria for entry as a student to reduce the overall number of student visas and attract genuine students. Suggestions include restricting the courses available to international students; limits on their capability to bring dependants to the UK; and tighter accreditation requirements for education providers.
• Restrictions on the movement between temporary and permanent categories of migration.
• New pilot schemes to improve the quality, efficiency and cost-effectiveness of the asylum determination process. Illegal immigration
• The continuation of the e-Borders project and the reintroduction of exit checks.
• Establishing a Border Police Force aimed at improving coordination of border control and security matters.
• Reviewing English language requirements will be reviewed.
http://www.ein.org.uk/resources/full.shtml?x=283835
EU students in the UK’s higher education sector
EU students have always been attracted by UK higher education institutions. In 2008/2009 there were 138,000 EU students studying at UK universities. They enhance internationalisation and represent a cohort of good quality students. Moreover, they represent a major part of postgraduate students in areas less frequented by UK students. The top 5 EU sending countries are Germany, France, Ireland, Greece and Cyprus. These are followed by Poland, Spain and Italy. UK universities are apprehensive about the number of enrolments which is likely to decline as a result of higher tuition fees.
http://www.international.ac.uk/resources/International%20Focus%2066.26.1.11.pdf
Increase in the numbers of foreign students
The University and Colleges Admissions Service showed a rise in the number of overseas students admitted into UK universities. The three main countries which showed a significant increase are Lithuania, Latvia and Romania, followed by China, Saudi Arabia and Singapore.
http://www.international.ac.uk/resources/International%20Focus%2066.26.1.11.pdf
Revised EEA Application forms
The UK Border Agency has revised the following application forms, EEA1, EEA2 , EEA3, EEA4 and FMRS. These forms should be used by the non-EEA family members of EEA nationals who want to apply for permanent residence in the UK. The revised forms (version 01/2011) should be used for all applications made on or after 31 January 2011.
Egypt
Due to the current security situation in Egypt the UK visa application centres in Cairo and Alexandria have been temporarily closed. Some visa applications submitted in Sudan and Yemen are processed in Cairo and these services have also been affected. For further information check the UKBA website http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/jan/86visa-services-cairo
Veristat Services
Accompanied Visits
In response to requests from clients, we can provide a member of our staff to accompany you on your recruitment visit abroad. The service includes assistance with planning of the trip; presentations on both your college and Tier 4; on site interviews of students; and working alongside your own people in the recruitment of prospective students. We have recently completed a successful tour to Pakistan with a college which resulted in the recruitment of 150 students.
Student Recruitment Fairs
Many countries have good quality students who want to come to the UK to study but who don’t know the range of colleges and courses available to them or who are directed towards specific colleges by agents. College fairs offer an excellent opportunity to present your college and the courses you offer to thousands of prospective students but can prove expensive in both time and costs. Veristat offers a service to bring the students in these countries and UK colleges together in a cost effective way by representing you at recruitment fairs and student events. This can either be sole representation or by sharing a stand with other colleges to reduce costs. See our website or contact us for further information at enquiries@veristat.co.uk
Support for Tier 4 Sponsors
For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk
The month has been dominated by the UKBA consultation on the student immigration system which closed on 31 January. Most if not all of the major representative bodies held events to canvas opinion on the proposals and unofficial estimates are that the responses received by the UKBA are in the tens of thousands. It is understood that the UKBA has also been holding workshops to take the views of its own staff.
Ministers have been active in responding to organisations lobbying against a level of restriction which it is believed would damage the industry. Universities UK for example argued that many international students are recruited from non-degree courses and account for 9% of the income of the sector. Immigration Minister Damian Green said that even if international students were vital to the UK, “we must be more selective about who can come here and how long they can stay”.
http://www.bbc.co.uk/news/education-12296161
On the 27th of January 2011, Immigration Minister Damian Green answered questions regarding changes in UK immigration rules and the consultation on international students. Damian Green’s main argument was that proposed changes were aimed at “driving the abuse out of the system” and raising the reputation of British education institutions. The Minister went on to say that the cuts will have no effect on genuine universities and genuine students, but on bogus colleges which advertise courses which “barely exist”.
The programme can be found until the 3rd of February at http://www.bbc.co.uk/programmes/b00xslvg
Even the UKBA itself has been promoting the Government’s proposals by linking the case of a Bangladeshi student refused entry at Birmingham Airport to the consultation process. Oddly, this case revolved around the student using falsified documents being accepted by the visa officer. The college had no record of the student and there was no suggestion that it was at fault. There did not therefore appear to be any obvious link to the issues under consultation. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/jan/69bogus-student-sham
UKBA’s revised policy on students following the consultation is expected to be published in March.
Coalition Government’s Immigration and asylum policy
The House of Commons Library has produced a very useful paper summarising recent Government statements about its intentions for immigration and asylum policy, and specific changes which it has already introduced. Some of the key proposals referred to in the paper are:
• A new visa category “for people of exceptional talent” under Tier 1.
• No cap on the number of investor and entrepreneur visas available.
• 20,700 jobs to be available under Tier 2. Tier 2 restricted to ‘graduate-level’ jobs. Inter-company transfers excluded from the annual limits, but will be subject to salary thresholds.
• Tougher criteria for entry as a student to reduce the overall number of student visas and attract genuine students. Suggestions include restricting the courses available to international students; limits on their capability to bring dependants to the UK; and tighter accreditation requirements for education providers.
• Restrictions on the movement between temporary and permanent categories of migration.
• New pilot schemes to improve the quality, efficiency and cost-effectiveness of the asylum determination process. Illegal immigration
• The continuation of the e-Borders project and the reintroduction of exit checks.
• Establishing a Border Police Force aimed at improving coordination of border control and security matters.
• Reviewing English language requirements will be reviewed.
http://www.ein.org.uk/resources/full.shtml?x=283835
EU students in the UK’s higher education sector
EU students have always been attracted by UK higher education institutions. In 2008/2009 there were 138,000 EU students studying at UK universities. They enhance internationalisation and represent a cohort of good quality students. Moreover, they represent a major part of postgraduate students in areas less frequented by UK students. The top 5 EU sending countries are Germany, France, Ireland, Greece and Cyprus. These are followed by Poland, Spain and Italy. UK universities are apprehensive about the number of enrolments which is likely to decline as a result of higher tuition fees.
http://www.international.ac.uk/resources/International%20Focus%2066.26.1.11.pdf
Increase in the numbers of foreign students
The University and Colleges Admissions Service showed a rise in the number of overseas students admitted into UK universities. The three main countries which showed a significant increase are Lithuania, Latvia and Romania, followed by China, Saudi Arabia and Singapore.
http://www.international.ac.uk/resources/International%20Focus%2066.26.1.11.pdf
Revised EEA Application forms
The UK Border Agency has revised the following application forms, EEA1, EEA2 , EEA3, EEA4 and FMRS. These forms should be used by the non-EEA family members of EEA nationals who want to apply for permanent residence in the UK. The revised forms (version 01/2011) should be used for all applications made on or after 31 January 2011.
Egypt
Due to the current security situation in Egypt the UK visa application centres in Cairo and Alexandria have been temporarily closed. Some visa applications submitted in Sudan and Yemen are processed in Cairo and these services have also been affected. For further information check the UKBA website http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/jan/86visa-services-cairo
Veristat Services
Accompanied Visits
In response to requests from clients, we can provide a member of our staff to accompany you on your recruitment visit abroad. The service includes assistance with planning of the trip; presentations on both your college and Tier 4; on site interviews of students; and working alongside your own people in the recruitment of prospective students. We have recently completed a successful tour to Pakistan with a college which resulted in the recruitment of 150 students.
Student Recruitment Fairs
Many countries have good quality students who want to come to the UK to study but who don’t know the range of colleges and courses available to them or who are directed towards specific colleges by agents. College fairs offer an excellent opportunity to present your college and the courses you offer to thousands of prospective students but can prove expensive in both time and costs. Veristat offers a service to bring the students in these countries and UK colleges together in a cost effective way by representing you at recruitment fairs and student events. This can either be sole representation or by sharing a stand with other colleges to reduce costs. See our website or contact us for further information at enquiries@veristat.co.uk
Support for Tier 4 Sponsors
For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk
Thursday, 6 January 2011
Immigration News and Updates January 2011
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.
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.
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.
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