The ‘Others’ in Europe and Beyond
International Conference, Université Libre de Bruxelles
28-29 April 2011
http://is.ulb.ac.be/uploads/pdf/brochure.pdf
Impressions
Veristat attended the international conference “The “Others” in Europe and Beyond” which took place at the Free University of Brussels during 28-19 of April 2011. We had the chance to listen to world-leader academics and policy analysts tackling the topic of migration from a theoretical point of view.
Why did Veristat attend this conference?
Our reason to attend this international conference was twofold. We wanted to find out more about ways we could improve migration policies in. We also wanted to see how migration is interpreted at a sociological and psychological level. In a nutshell, we were interested in the theory behind the practice of migration.
Description and Objectives of the Conference
In Europe, social and political debates related to immigration are seen in terms of belonging and identity. The ‘outsider’ or the foreigner is no longer defined only by their place on the labour market. The immigrant is seen in terms of challenges they can bring to the host country in terms of social citizenship. In that respect, “otherness” does not refer to non-EU membership anymore, but to ethno-cultural minority groups (who may or may not have EU citizenship).
The conference aimed to address the construction of identity at the basis of new forms of inclusion and exclusion in the EU.
Main areas covered:
- Intercultural relations
- Racial and ethnic prejudice in the US
- African Diaspora in Belgium
- Canadian multiculturalism in question
- Civic integration courses in the Netherlands
Below an overview of the first talk on the session, on “Intercultural relations”
Intercultural relations in plural societies: a comparative perspective (John Berry, Queen’s University – Kingston)
- Intercultural psychology is based on acculturation (changing lives) and intercultural relations (the contact with foreigners).
- Cross-cultural psychology is arguing that there are psychological differences between groups with different ethnic backgrounds
- Intercultural strategies put forward two strategies: maintaining heritage culture and identity to sustain cultural communities and participation with other groups in the daily life of the larger society
Moreover, Prof. John Berry looked at three notions which he defines as follows:
- Integration = cultural maintenance and involvement as a member of the host society, not of the original society
- Melting pot = immigrants are allowed to maintain their own culture, but do not mix with other cultures or the majority
- Multiculturalism = positive orientation towards cultural diversity, equity and engagement. It is seen to have failed in some societies because it led to segregation.
Conclusion
The conference provided us with an insight into the theory behind the policy of immigration, especially sociology and psychology. This can be crucial when dealing with immigrants, since their culture should be taken into account in order to understand them better. However, the conference failed to provide us with recommendations concerning which current migration and integration policies can be improved in.
Tuesday, 31 May 2011
Tuesday, 24 May 2011
Our Activities
Training 15th of March with Migrants Supporting Migrants
“Working to advance the welfare and rights of migrants in the UK”.
During the 3 hour training I gave with my manager from the charity Migrants Supporting Migrants, we focused on migration awareness. More precisely, the training looked at “Working to advance the welfare and rights of migrants in the UK”.
Objectives:
The participants should be able to
• Identify which groups make up the national and local population of migrant workers
• List some of the common experiences of migrant workers in the UK
• Identify issues around which migrant workers may need advice, and barriers they face
• Suggest ways to challenge some of the myths surrounding migrant workers
Summary
• There are now about 214 million people (out of 6 billion) living outside their place of birth - more than at any point in history (IOM 2010)
• Glossary
- Migration – international movement of people
- Net migration – the number of people leaving and entering a country (to settle)
- Emigration (emigrants) – the process of leaving the country of origin
- Imigration (imigrants) – the process of settling in a host country
- Asylum seekers - Someone who has lodged an application for protection
- Refugees – Someone who is granted asylum. Refugees and asylum seekers are people who have been forced to flee their home country due to persecution or political violence. Refugees have had their claim recognised under the UN charter, asylum seekers are still going through the process, most are not allowed to work.
• Reasons for migration
- Labour migration to escape extreme poverty and to send remittances back to the country of origin
- Education
- Discovery of another culture
- Forced migration
• Overview of the UK
- The UK operates a managed migration policy based on the points based system
- In the past months, the focus has been on reducing the number of immigrants. The Office for National Statistics has released new numbers which show that in 2010, approximately 572,000 people entered the UK on a long-term basis and 346,000 emigrated. That means that net migration (the numbers of people entering the UK and those leaving the UK) has risen by 36%.
• Learning from MSM work. Migrants need:
- Information in their first language about Rights and Responsibilities in the UK, and how to access services
- Good quality, tailored services (one to one support)
- Work long hours, so they find it hard to access services during the day => Workshops and meetings held in the evenings and weekends
- Very little support available for migrant workers who lose their jobs, many are homeless and destitute
- Migrant Workers currently get support through faith groups, ESOL classes and informal ‘community leaders’ with better English
- Engaging these informal ‘leaders’ is a good way to access different communities
- Flexible/new ways of working are needed to involve both men and women, younger and older people
- Partnership work is essential
Recommendations:
• English classes
• Spatial desegregration
• Mentoring – 1 to 1 support
• Mapping
• Get the migrants involved in community projects.
• Classes on cultural clash
(This briefing expresses the views of the author. Claudia Paraschivescu - Researcher and Immigration Adviser Claudia Paraschivescu - Researcher and Immigration Adviser)
European Citizenship and Mobility, Interrelations and implications
http://www.european-intercultural-forum.org/index.php?option=com_content&view=category&layout=blog&id=19&Itemid=33
Berlin 12-16 January 2011
Impressions
We attended a conference on European Citizenship and Mobility which took place in Berlin during 12-16 January 2011. Besides taking part at various workshops and debates, we also visited an NGO and we had the chance to meet people from various European countries, such as Germany, Czech Republic and Poland who work either for NGOs focusing on mobility from an European point of view or for the national ministries. We consider ourselves to be lucky to have attended it and we think that it has been an extremely enriching experience from a cultural and political point of view.
Why did Veristat attend this conference?
The reason for us to attend this conference was twofold. As we deeply believe that migration is here to stay, we also promote the idea that a well-informed person is someone who constantly interacts with people of different origins and backgrounds. Secondly, we think that the world of migration is made up of never ending flows of people and policies. We attended this conference to learn more about current debates around this concept and how it may ‘affect’ or not the world we live in.
Description
The project was funded by the European Union’s “Europe for Citizens” and it was managed by the European Intercultural Forum from Germany. The partner countries were the UK, Germany, Poland and the Czech Republic. Its main aim was to foster discussions and debates on mobility and migration within the EU and promote the idea of European citizenship and its role in an era of migration. During the five-day conference, we looked at the reasons, consequences and challenges of migration in the EU, EU mobility programmes and EU citizenship.
Objectives
In the context of the debate and dialogue on European citizenship and mobility, this conference aimed at:
- Promoting dialogue about the reasons, consequences, challenges and policy responses of migration within the EU
- Fostering debate and reflection on the impact of mobility in the EU
- Presentation of successfully implemented initiatives fostering European citizenship and the debates during the conference in a conference paper in February 2011.
Areas covered
Together with the group we were part of, we looked at various aspects of the migratory process. Using the brainstorming method, we identified the challenges and the consequences of migration. We also looked into depth at national policy responses and the social pillar of the European Union regarding migration.
a. Challenges and consequences of migration
Migration has a big impact on our society. We identified four main levels at which migration is seen as ‘challenging’ the ‘behaviour’ of various actors.
Sending country
-‘brain drain’
-underdevelopment of the country because no foreign direct investment since no emphasis on R&D
-remittances sent to the country of origin – help to improve the wellbeing of receivers (or help to create geographical segregation)
-families break up, children are taken care of by grandparents -
Receiving country
-‘brain gain’
-the notion of social citizenship is challenged as rights do not apply to nationals only
-the notion of loyalty and belonging
Global level
-The increase of the number of flight companies
-the increase of flight routes
-the creation of new technologies (Eg: Skype)
Personal level
-identitary frustration
-creation of a third place which is in-between the sending and the receiving countries.
b. National policy responses
Across Europe, EU policy on migration tends to be exclusive and open-door, whereas nation-states tend to promote an inclusive policy. In that respect, during the conference, we outlined three trends the changes in national policies. These are:
- Raise in right-wing parties across Europe (Eg.: the Netherlands, Sweden, France)
- Administrative removals of citizens holding the nationality of a EU member-state (Eg.: the removal of Romanian and Hungarian Roma from France)
- The tightening of migration laws and the cap of workers (the UK)
c. Social pillar of the EU and the nation-states
We identified three buzzwords which helped us to better understand the social dimension of the EU related to migration. These are:
- Community
- Integration
- Linguistic, social and intercultural exchange
In that respect, the EU should promote the absorption of migrants by nation-states through a process of intercultural exchange between foreigners and locals. This could be achieved through
• workshops (art workshops) which would bring together representatives of the majority and minorities
• a tutor system which would enable the immigrants to gain an insight into the receiving country.
A more rigorous follow-up of EU funds and transparency are therefore necessary in order to ensure that it is properly used.
Conclusion
This conference, which aimed to foster a debate amongst migration practitioners, met its preliminary objectives. It brought together various practitioners from 5 different countries who engaged in a debate on European citizenship and migration in the EU. The output of the conference is a publication which will be released in February 2011.
(This briefing expresses the views of the author. Claudia Paraschivescu - Researcher and Immigration Adviser)
“Working to advance the welfare and rights of migrants in the UK”.
During the 3 hour training I gave with my manager from the charity Migrants Supporting Migrants, we focused on migration awareness. More precisely, the training looked at “Working to advance the welfare and rights of migrants in the UK”.
Objectives:
The participants should be able to
• Identify which groups make up the national and local population of migrant workers
• List some of the common experiences of migrant workers in the UK
• Identify issues around which migrant workers may need advice, and barriers they face
• Suggest ways to challenge some of the myths surrounding migrant workers
Summary
• There are now about 214 million people (out of 6 billion) living outside their place of birth - more than at any point in history (IOM 2010)
• Glossary
- Migration – international movement of people
- Net migration – the number of people leaving and entering a country (to settle)
- Emigration (emigrants) – the process of leaving the country of origin
- Imigration (imigrants) – the process of settling in a host country
- Asylum seekers - Someone who has lodged an application for protection
- Refugees – Someone who is granted asylum. Refugees and asylum seekers are people who have been forced to flee their home country due to persecution or political violence. Refugees have had their claim recognised under the UN charter, asylum seekers are still going through the process, most are not allowed to work.
• Reasons for migration
- Labour migration to escape extreme poverty and to send remittances back to the country of origin
- Education
- Discovery of another culture
- Forced migration
• Overview of the UK
- The UK operates a managed migration policy based on the points based system
- In the past months, the focus has been on reducing the number of immigrants. The Office for National Statistics has released new numbers which show that in 2010, approximately 572,000 people entered the UK on a long-term basis and 346,000 emigrated. That means that net migration (the numbers of people entering the UK and those leaving the UK) has risen by 36%.
• Learning from MSM work. Migrants need:
- Information in their first language about Rights and Responsibilities in the UK, and how to access services
- Good quality, tailored services (one to one support)
- Work long hours, so they find it hard to access services during the day => Workshops and meetings held in the evenings and weekends
- Very little support available for migrant workers who lose their jobs, many are homeless and destitute
- Migrant Workers currently get support through faith groups, ESOL classes and informal ‘community leaders’ with better English
- Engaging these informal ‘leaders’ is a good way to access different communities
- Flexible/new ways of working are needed to involve both men and women, younger and older people
- Partnership work is essential
Recommendations:
• English classes
• Spatial desegregration
• Mentoring – 1 to 1 support
• Mapping
• Get the migrants involved in community projects.
• Classes on cultural clash
(This briefing expresses the views of the author. Claudia Paraschivescu - Researcher and Immigration Adviser Claudia Paraschivescu - Researcher and Immigration Adviser)
European Citizenship and Mobility, Interrelations and implications
http://www.european-intercultural-forum.org/index.php?option=com_content&view=category&layout=blog&id=19&Itemid=33
Berlin 12-16 January 2011
Impressions
We attended a conference on European Citizenship and Mobility which took place in Berlin during 12-16 January 2011. Besides taking part at various workshops and debates, we also visited an NGO and we had the chance to meet people from various European countries, such as Germany, Czech Republic and Poland who work either for NGOs focusing on mobility from an European point of view or for the national ministries. We consider ourselves to be lucky to have attended it and we think that it has been an extremely enriching experience from a cultural and political point of view.
Why did Veristat attend this conference?
The reason for us to attend this conference was twofold. As we deeply believe that migration is here to stay, we also promote the idea that a well-informed person is someone who constantly interacts with people of different origins and backgrounds. Secondly, we think that the world of migration is made up of never ending flows of people and policies. We attended this conference to learn more about current debates around this concept and how it may ‘affect’ or not the world we live in.
Description
The project was funded by the European Union’s “Europe for Citizens” and it was managed by the European Intercultural Forum from Germany. The partner countries were the UK, Germany, Poland and the Czech Republic. Its main aim was to foster discussions and debates on mobility and migration within the EU and promote the idea of European citizenship and its role in an era of migration. During the five-day conference, we looked at the reasons, consequences and challenges of migration in the EU, EU mobility programmes and EU citizenship.
Objectives
In the context of the debate and dialogue on European citizenship and mobility, this conference aimed at:
- Promoting dialogue about the reasons, consequences, challenges and policy responses of migration within the EU
- Fostering debate and reflection on the impact of mobility in the EU
- Presentation of successfully implemented initiatives fostering European citizenship and the debates during the conference in a conference paper in February 2011.
Areas covered
Together with the group we were part of, we looked at various aspects of the migratory process. Using the brainstorming method, we identified the challenges and the consequences of migration. We also looked into depth at national policy responses and the social pillar of the European Union regarding migration.
a. Challenges and consequences of migration
Migration has a big impact on our society. We identified four main levels at which migration is seen as ‘challenging’ the ‘behaviour’ of various actors.
Sending country
-‘brain drain’
-underdevelopment of the country because no foreign direct investment since no emphasis on R&D
-remittances sent to the country of origin – help to improve the wellbeing of receivers (or help to create geographical segregation)
-families break up, children are taken care of by grandparents -
Receiving country
-‘brain gain’
-the notion of social citizenship is challenged as rights do not apply to nationals only
-the notion of loyalty and belonging
Global level
-The increase of the number of flight companies
-the increase of flight routes
-the creation of new technologies (Eg: Skype)
Personal level
-identitary frustration
-creation of a third place which is in-between the sending and the receiving countries.
b. National policy responses
Across Europe, EU policy on migration tends to be exclusive and open-door, whereas nation-states tend to promote an inclusive policy. In that respect, during the conference, we outlined three trends the changes in national policies. These are:
- Raise in right-wing parties across Europe (Eg.: the Netherlands, Sweden, France)
- Administrative removals of citizens holding the nationality of a EU member-state (Eg.: the removal of Romanian and Hungarian Roma from France)
- The tightening of migration laws and the cap of workers (the UK)
c. Social pillar of the EU and the nation-states
We identified three buzzwords which helped us to better understand the social dimension of the EU related to migration. These are:
- Community
- Integration
- Linguistic, social and intercultural exchange
In that respect, the EU should promote the absorption of migrants by nation-states through a process of intercultural exchange between foreigners and locals. This could be achieved through
• workshops (art workshops) which would bring together representatives of the majority and minorities
• a tutor system which would enable the immigrants to gain an insight into the receiving country.
A more rigorous follow-up of EU funds and transparency are therefore necessary in order to ensure that it is properly used.
Conclusion
This conference, which aimed to foster a debate amongst migration practitioners, met its preliminary objectives. It brought together various practitioners from 5 different countries who engaged in a debate on European citizenship and migration in the EU. The output of the conference is a publication which will be released in February 2011.
(This briefing expresses the views of the author. Claudia Paraschivescu - Researcher and Immigration Adviser)
Tuesday, 3 May 2011
Immigration News: May 2011
Changes to the Immigration Rules: the Ongoing Debate
The changes to the Immigration Rules that came into being on 21st April 2011 remain a major subject of discussion. Some bodies such as the newly formed Association of UK Private Schools and Colleges http://www.aukisc.co.uk are reported to be pursuing legal action; others such as Study UK have decided against legal challenge but are working behind the scenes with BIS, UKBA and others to secure concessions whilst also encouraging members to lobby their MPs; and some smaller groups and individual colleges are contemplating legal action on issues that particularly affect them.
There are a number of issues involved in the current debate which it is useful to identify and address separately.
Firstly there is the position of colleges whose licence was granted around the turn of the year and who have been allocated zero CAS because they were unable to issue any CAS that resulted in the successful issuing of visas before 28th February 2011.
This group has clearly been disadvantaged. Had they been granted a licence a few months earlier they would have been able to demonstrate a history of successful CAS and visas issued and been granted an allocation. Equally, had they been granted a licence after 28th February 2011, they would have benefitted from the new formula.
However, in many cases it was simply not possible for these colleges to issue a CAS resulting in the successful issue of a visa before 28th February due to the time taken by the UKBA in processing applications. Also, the UKBA has described the period during which they did not issue a CAS successfully as commencing from the date of issue of the licence whereas in most if not all cases, the colleges had an action plan and were not able to issue CAS until after their payment for the action plan had been processed.
As a result, the UKBA (whether intentionally or not) has created a situation whereby a small group of colleges have been clearly disadvantaged and put in place a barrier to the continuation of their businesses that they could not possibly overcome. The easiest solution would of course be for the UKBA to treat colleges who find themselves in this situation in the same way as colleges who applied after 28th February but before 21st April and who the UKBA recognise where not in a position to meet the requirements on CAS issued during the relevant period. In practice, these colleges are in exactly the same situation.
A second issue is the change to the Immigration Rules to state that only A rated colleges can issue CAS. There are indications particularly in some parts of the wording of the Statement of Intent that this was intended to apply to colleges that had been downgraded rather than colleges that had been issued with a B rating as a normal consequence of being a new college awaiting a stage 3 accreditation. In the early days of PBS many colleges in this position would have been granted an A rating immediately and the change to awarding a B rating initially did not necessarily suggest that the UKBA had any concerns about the college. Again it is unclear whether this was a deliberate and thought through policy but the result is that colleges are being severely disadvantaged by the UKBA having moved the goalposts.
This issue is, however, slightly different in that colleges do have a remedy available by requesting BAC or ASIC to complete their stage 3 accreditation. Our understanding is that both bodies are undertaking stage 3 accreditations and the UKBA will still recognise them. There are suggestions that even if a college achieves stage 3 accreditation, the UKBA is indicating that it may be many months before they can arrange a visit to upgrade the college. However, there is of course no requirement that a college must be visited before being upgraded and it is doubtful whether the courts would be sympathetic to any unreasonable delay on the part of the UKBA which prevented a college from conducting its business.
The policy of only allowing A rated colleges to issue CAS is a fundamental aspect of the UKBA’s new approach which will require a hard fought legal battle to overturn. Again, the simple solution would of course be for the UKBA to upgrade all colleges to an A rating where the only issue in the action plan is one of accreditation and then to visit colleges over a period and if necessary downgrade.
Whilst attention is (rightly) being focussed on the changes since the 21st April, colleges should not lose sight of the further changes set out in the Statement of Intent as coming into play from July and in particular the restrictions on students in private sector colleges taking employment, as opposed to those in public sector institutions. This is clearly unfair given that some colleges are providing exactly the same course leading to the same award as a university. A number of commentators have opined that any such action would be in contravention of EU competition laws and may also constitute discrimination on racial grounds. Colleges and other stakeholders should not wait for the changes to happen and allow an excuse to be created that there has been little opposition to a change which has such far reaching implications both for colleges and the wider economy. Study UK has suggested a simple but effective question for colleges to pose to MPs or encourage them to ask: "Why should Student X and Y studying the same degree at a UK University and private sector partner college be treated differently; one allowed 20 hrs work, the other no work?”
Marriage
On 4 April 2011 Parliament approved the Remedial Order that will abolish the certificate of approval scheme. This means that the scheme will end on 9 May 2011. At present, any migrant who is already in the UK and is subject to immigration control must apply for a certificate of approval before they can get married or register a civil partnership in this country (unless they are getting married within the Anglican Church).
The requirement to give notice in a designated register office is not affected by the abolition of the certificate of approval scheme. The requirement will remain in force when the scheme is abolished.
The Church of England has also announced that it will be tightening up on so called sham marriages with clergy no longer being vulnerable to charges of misconduct if they refuse to conduct a marriage they believe not to be genuine.
http://www.bbc.co.uk/news/uk-13044322
Settlement
Skilled and highly skilled migrants must now pass the Life in the UK Test if they want to demonstrate that they have met the “knowledge of language and life” requirement for settlement in the UK. From 6 April 2011, migrants in these categories can no longer meet the requirement by passing an English for Speakers of Other Languages (ESOL) qualification, unless they are applying for settlement under UKBA’s transitional arrangements which are, that if you enrolled on an ESOL course or gained an ESOL qualification before 23 November 2010, you can rely on that ESOL qualification in any applications for settlement, regardless of the date of your application. However, if you enrolled on an ESOL course on or after 23 November 2010, you will need to pass the Life in the UK Test if you apply for settlement on or after 6 April 2011
Tier 2
Under the new annual limit, employers will only be able to bring 20,700 non-EU workers under Tier 2 (General). An 1,000 visas will be made available to people of ‘exceptional talent’ who experts believe will make the biggest contribution to science and the arts in the UK. Prospective workers will need to have a graduate-level job offer, speak an intermediate level of English and meet specific salary and employment requirements. Those earning a salary of £150,000 or more will not be subject to the limit.
The Intra Company Transfer route (ICT), which is not part of the annual limit, will also be changed in 3 ways:
- the job will have to be in an occupation on the graduate occupation list;
- only those paid £40,000 or more will be able to stay for more than a year - they will be given permission to stay for 3 years, with the possibility of extending for a further 2 years; and
- those paid between £24,000 and £40,000 will be allowed to come to the UK for no longer than 12 months, at which point they must leave the UK and will not be able to re-apply for 12 months
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/april/07annual-limit-immigration?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
English Language test Providers
The UKBA has published a new list of approved English language test providers for:
- applications under Tiers 1, 2 and 4 of the points-based system; and
- applications by spouses and partners.
There are also a number of transitional arrangements.
- If you apply under Tier 1 or Tier 2, and the UKBA receives your application on or before 17 May 2011, you can demonstrate your English language ability using a test (whether booked or taken) that is on the relevant existing list of approved tests. From 18 May 2011, only tests on the new list can be used to demonstrate your English language ability as part of a Tier 1 or Tier 2 application.
- If you apply as a spouse or partner, and the UKBA receives your application on or before 17 July 2011, you can demonstrate your English language ability using a test (whether booked or taken) that is on the existing list of approved tests for partners. From 18 July 2011, only tests on the new list can be used to demonstrate your English language ability as part of a spouse or partner application.
- There are no transitional arrangements for Tier 4 of the points-based system.
- From 6 April 2011, you can demonstrate your English language ability using a test (whether booked or taken) that is on the new list of approved tests. http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/new-approved-english-tests.pdf
Kenyan students chose to study abroad
Because of the poor quality of Kenyan education, most students would prefer to study abroad, where prestigious education institutions guarantee quality learning. A recent survey found that 57% of the students polled said that they would prefer to study in a foreign university. Government statistics show that in recent years, the number of Kenyans issued with student visas has been rising. Top destinations are the US, the UK and Australia. http://www.universityworldnews.com/article.php?story=20110409153209817
Veristat Services
Student Visa applications
Following requests from clients, we have launched a new visa application service for students under www.studentvisasuk.co.uk Student VisasUK is part of Veristat and will offer the same high level of professional service as we have been providing to corporate clients. The new service specialises in providing advice and support to students both in the UK and abroad when applying for a visa to study or an extension of stay.
We are also providing a number of colleges with visa services for all of their students at discounted rate as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area contact us via our website at www.studentvisasuk.co.uk
Student Recruitment: Africa
We are currently inviting expressions of interest in student recruitment fairs in June in Accra, Ghana as well as in Abuja and Lagos, Nigeria. in June. The fairs are targeted specifically at students who wish to study abroad therefore providing the perfect opportunity to showcase what your institution has to offer. Africa has been identified as the second largest market source of international students and the UK is seeing increasing numbers of African students coming to study. This coupled with the current emphasis to recruit more international student’s means that now is the best time to have your institution represented in countries such as Ghana and Nigeria.
Full details of the fair service we operate can be found at http://www.veristat.co.uk/studentrecruitment.aspx. We also appreciate that each institution has different requirements so we are more than happy to fit our services to meet your needs. Should you require any further details or wish to book a place on any of the fairs including the upcoming fairs in Africa you can visit the link above or email us at enquiries@veristat.co.uk or call on 0161 247 8632.
HTS applications and immigration support
For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk
The changes to the Immigration Rules that came into being on 21st April 2011 remain a major subject of discussion. Some bodies such as the newly formed Association of UK Private Schools and Colleges http://www.aukisc.co.uk are reported to be pursuing legal action; others such as Study UK have decided against legal challenge but are working behind the scenes with BIS, UKBA and others to secure concessions whilst also encouraging members to lobby their MPs; and some smaller groups and individual colleges are contemplating legal action on issues that particularly affect them.
There are a number of issues involved in the current debate which it is useful to identify and address separately.
Firstly there is the position of colleges whose licence was granted around the turn of the year and who have been allocated zero CAS because they were unable to issue any CAS that resulted in the successful issuing of visas before 28th February 2011.
This group has clearly been disadvantaged. Had they been granted a licence a few months earlier they would have been able to demonstrate a history of successful CAS and visas issued and been granted an allocation. Equally, had they been granted a licence after 28th February 2011, they would have benefitted from the new formula.
However, in many cases it was simply not possible for these colleges to issue a CAS resulting in the successful issue of a visa before 28th February due to the time taken by the UKBA in processing applications. Also, the UKBA has described the period during which they did not issue a CAS successfully as commencing from the date of issue of the licence whereas in most if not all cases, the colleges had an action plan and were not able to issue CAS until after their payment for the action plan had been processed.
As a result, the UKBA (whether intentionally or not) has created a situation whereby a small group of colleges have been clearly disadvantaged and put in place a barrier to the continuation of their businesses that they could not possibly overcome. The easiest solution would of course be for the UKBA to treat colleges who find themselves in this situation in the same way as colleges who applied after 28th February but before 21st April and who the UKBA recognise where not in a position to meet the requirements on CAS issued during the relevant period. In practice, these colleges are in exactly the same situation.
A second issue is the change to the Immigration Rules to state that only A rated colleges can issue CAS. There are indications particularly in some parts of the wording of the Statement of Intent that this was intended to apply to colleges that had been downgraded rather than colleges that had been issued with a B rating as a normal consequence of being a new college awaiting a stage 3 accreditation. In the early days of PBS many colleges in this position would have been granted an A rating immediately and the change to awarding a B rating initially did not necessarily suggest that the UKBA had any concerns about the college. Again it is unclear whether this was a deliberate and thought through policy but the result is that colleges are being severely disadvantaged by the UKBA having moved the goalposts.
This issue is, however, slightly different in that colleges do have a remedy available by requesting BAC or ASIC to complete their stage 3 accreditation. Our understanding is that both bodies are undertaking stage 3 accreditations and the UKBA will still recognise them. There are suggestions that even if a college achieves stage 3 accreditation, the UKBA is indicating that it may be many months before they can arrange a visit to upgrade the college. However, there is of course no requirement that a college must be visited before being upgraded and it is doubtful whether the courts would be sympathetic to any unreasonable delay on the part of the UKBA which prevented a college from conducting its business.
The policy of only allowing A rated colleges to issue CAS is a fundamental aspect of the UKBA’s new approach which will require a hard fought legal battle to overturn. Again, the simple solution would of course be for the UKBA to upgrade all colleges to an A rating where the only issue in the action plan is one of accreditation and then to visit colleges over a period and if necessary downgrade.
Whilst attention is (rightly) being focussed on the changes since the 21st April, colleges should not lose sight of the further changes set out in the Statement of Intent as coming into play from July and in particular the restrictions on students in private sector colleges taking employment, as opposed to those in public sector institutions. This is clearly unfair given that some colleges are providing exactly the same course leading to the same award as a university. A number of commentators have opined that any such action would be in contravention of EU competition laws and may also constitute discrimination on racial grounds. Colleges and other stakeholders should not wait for the changes to happen and allow an excuse to be created that there has been little opposition to a change which has such far reaching implications both for colleges and the wider economy. Study UK has suggested a simple but effective question for colleges to pose to MPs or encourage them to ask: "Why should Student X and Y studying the same degree at a UK University and private sector partner college be treated differently; one allowed 20 hrs work, the other no work?”
Marriage
On 4 April 2011 Parliament approved the Remedial Order that will abolish the certificate of approval scheme. This means that the scheme will end on 9 May 2011. At present, any migrant who is already in the UK and is subject to immigration control must apply for a certificate of approval before they can get married or register a civil partnership in this country (unless they are getting married within the Anglican Church).
The requirement to give notice in a designated register office is not affected by the abolition of the certificate of approval scheme. The requirement will remain in force when the scheme is abolished.
The Church of England has also announced that it will be tightening up on so called sham marriages with clergy no longer being vulnerable to charges of misconduct if they refuse to conduct a marriage they believe not to be genuine.
http://www.bbc.co.uk/news/uk-13044322
Settlement
Skilled and highly skilled migrants must now pass the Life in the UK Test if they want to demonstrate that they have met the “knowledge of language and life” requirement for settlement in the UK. From 6 April 2011, migrants in these categories can no longer meet the requirement by passing an English for Speakers of Other Languages (ESOL) qualification, unless they are applying for settlement under UKBA’s transitional arrangements which are, that if you enrolled on an ESOL course or gained an ESOL qualification before 23 November 2010, you can rely on that ESOL qualification in any applications for settlement, regardless of the date of your application. However, if you enrolled on an ESOL course on or after 23 November 2010, you will need to pass the Life in the UK Test if you apply for settlement on or after 6 April 2011
Tier 2
Under the new annual limit, employers will only be able to bring 20,700 non-EU workers under Tier 2 (General). An 1,000 visas will be made available to people of ‘exceptional talent’ who experts believe will make the biggest contribution to science and the arts in the UK. Prospective workers will need to have a graduate-level job offer, speak an intermediate level of English and meet specific salary and employment requirements. Those earning a salary of £150,000 or more will not be subject to the limit.
The Intra Company Transfer route (ICT), which is not part of the annual limit, will also be changed in 3 ways:
- the job will have to be in an occupation on the graduate occupation list;
- only those paid £40,000 or more will be able to stay for more than a year - they will be given permission to stay for 3 years, with the possibility of extending for a further 2 years; and
- those paid between £24,000 and £40,000 will be allowed to come to the UK for no longer than 12 months, at which point they must leave the UK and will not be able to re-apply for 12 months
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/april/07annual-limit-immigration?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
English Language test Providers
The UKBA has published a new list of approved English language test providers for:
- applications under Tiers 1, 2 and 4 of the points-based system; and
- applications by spouses and partners.
There are also a number of transitional arrangements.
- If you apply under Tier 1 or Tier 2, and the UKBA receives your application on or before 17 May 2011, you can demonstrate your English language ability using a test (whether booked or taken) that is on the relevant existing list of approved tests. From 18 May 2011, only tests on the new list can be used to demonstrate your English language ability as part of a Tier 1 or Tier 2 application.
- If you apply as a spouse or partner, and the UKBA receives your application on or before 17 July 2011, you can demonstrate your English language ability using a test (whether booked or taken) that is on the existing list of approved tests for partners. From 18 July 2011, only tests on the new list can be used to demonstrate your English language ability as part of a spouse or partner application.
- There are no transitional arrangements for Tier 4 of the points-based system.
- From 6 April 2011, you can demonstrate your English language ability using a test (whether booked or taken) that is on the new list of approved tests. http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/new-approved-english-tests.pdf
Kenyan students chose to study abroad
Because of the poor quality of Kenyan education, most students would prefer to study abroad, where prestigious education institutions guarantee quality learning. A recent survey found that 57% of the students polled said that they would prefer to study in a foreign university. Government statistics show that in recent years, the number of Kenyans issued with student visas has been rising. Top destinations are the US, the UK and Australia. http://www.universityworldnews.com/article.php?story=20110409153209817
Veristat Services
Student Visa applications
Following requests from clients, we have launched a new visa application service for students under www.studentvisasuk.co.uk Student VisasUK is part of Veristat and will offer the same high level of professional service as we have been providing to corporate clients. The new service specialises in providing advice and support to students both in the UK and abroad when applying for a visa to study or an extension of stay.
We are also providing a number of colleges with visa services for all of their students at discounted rate as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area contact us via our website at www.studentvisasuk.co.uk
Student Recruitment: Africa
We are currently inviting expressions of interest in student recruitment fairs in June in Accra, Ghana as well as in Abuja and Lagos, Nigeria. in June. The fairs are targeted specifically at students who wish to study abroad therefore providing the perfect opportunity to showcase what your institution has to offer. Africa has been identified as the second largest market source of international students and the UK is seeing increasing numbers of African students coming to study. This coupled with the current emphasis to recruit more international student’s means that now is the best time to have your institution represented in countries such as Ghana and Nigeria.
Full details of the fair service we operate can be found at http://www.veristat.co.uk/studentrecruitment.aspx. We also appreciate that each institution has different requirements so we are more than happy to fit our services to meet your needs. Should you require any further details or wish to book a place on any of the fairs including the upcoming fairs in Africa you can visit the link above or email us at enquiries@veristat.co.uk or call on 0161 247 8632.
HTS applications and immigration support
For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk
Sunday, 3 April 2011
Immigration Notes: April 2011
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
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
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.
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