Veristat Seminars
Highly Trusted Sponsor (HTS) and QAA Accreditation
11th and 15th August 2011
Venues in London and Manchester
UKBA requires that all education providers achieve HTS status by April 2012 and accreditation by one of the public sector accreditation bodies by December 2012. This process is now active. Private sector education providers must apply by 9th September 2011.
The seminars provide essential, practical tips and information for anyone considering an application for HTS or QAA over the coming months and will cover
HTS
• Making an application
• Preparing for a visit
• New proposals for HTS
QAA
• The QAA review method
• Engaging with QAA
• Making the review application
Programme
Manchester - Thursday 11th August 2011
London - Monday 15th August 2011
09.30 – 10.00 Registration and coffee
10.00 – 10.30 UKBA the current environment
10.30 – 12.00 QAA Accreditation
12.00 – 13.00 Lunch
13.00 – 14.00 HTS
14.00 – 14.30 Q&A and wind up
Speakers
Don Ingham
Don Ingham is a former Director in the Home Office with over 30 years’ experience of immigration control at operational, policy and strategic levels, both in the UK and abroad. He is the Director of Veristat (www.veristat.co.uk) which specialises in working with employers and education providers to ensure compliance with UK immigration legislation. Don has significant experience of working with private sector colleges on compliance issues and in securing HTS. Don is also Director of www.studentvisasuk.co.uk which supports students with their visa applications and in recent months has increasingly been working on behalf of colleges to help students obtain visas, including student visitor visas.
Alan Bradshaw
Alan Bradshaw is a higher education consultant. He founded the ABministration consultancy in 2011 after retiring from nearly nine years with the Quality Assurance Agency for Higher Education (QAA). As an Assistant Director with QAA, Alan managed reviews and audits, conducted degree-awarding powers scrutinies, designed review methods, and designed and delivered training. He has reviewed private higher education colleges and universities in the UK and abroad, and has led a private college. The ABministration consultancy exists to help colleges and universities solve challenges, with particular reference to audit and compliance requirements. ABministration works within a network of higher education advisors.
Cost: £135 plus VAT (£27) TOTAL £162 PER DELEGATE inc Lunch
How to pay
Paypal Copy and paste the following link into your web browser - https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=TJCBRKHKMYCEG
BACS Veristat Limited
Barclays Bank, Camberley
Sort code: 20-16-99
Account number: 83847012
Cheque Made payable to Veristat Limited and posted to:
Veristat, 51 Munnings Drive, Sandhurst, Berkshire, GU47 0FN
Please note that payment must be received by Monday 8th August to reserve a place at either event.
How to apply
1. Please email jamie@Veristat.co.uk with the details requested below
2. Enter the details requested below
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Locations
London - Monday 15th August 2011
London - America Square Conference Centre
1 America Square
17 Crosswall
London, EC3N 2LB
Directions - By Underground
Tower Hill - 1 min walk (District, Circle and Docklands Light Rail Services) On leaving Tower Hill tube station by walking straight out of the exit, turn right and walk for 100 meters past the Grange City Hotel and under the overhead train line bridge where you should turn right into Crosswall. The entrance to America Square Conference Centre is 50 meters on your right through the revolving doors.
Manchester - Thursday 11th August 2011
Manchester - New College Manchester
85 Piccadilly
Manchester M1 2DA
Approx 5 minutes walk from Manchester Piccadilly station. Come out of the main entrance to Piccadilly train station and follow the road towards Piccadilly gardens and the town centre. Approximately 400 yards down this road opposite a NCP car park, the college is located on a side street to your right next to William Hill bookmakers. The entrance is on your right hand side with signs for New College Manchester above.
If you have any questions please contact Jamie on 08443351619 or e mail Jamie@veristat.co.uk
Tuesday, 26 July 2011
Tuesday, 12 July 2011
QAA Seminar: 7th July 2011
The notes below are drawn from a QAA seminar held at Regents College London on 7th July 2011. The meeting was led by senior officials from QAA. The Immigration Minister Damian Green made a presentation and senior officials from UKBA were also present.
Immigration issues
• Both the Minister and UKBA officials made it clear that there would be no changes to the policy of restricting permission to take employment for students outside the public sector system.
• There were strong indications that a new HTS policy would be introduced in September, probably preceded by a short consultation to be published by the end of July.
QAA
Note that in a number of areas it appeared that QAA had still not decided on the detail of their plans. Education providers should therefore check the UKBA and QAA websites for further information.
• The two main review bodies for private colleges will be QAA and ISI. Generally speaking the division will be between those colleges providing courses at or above L4 (QAA); and below that level (ISI). Colleges who are in doubt about where to apply should make preliminary enquiries with one of the bodies to establish which would be the more appropriate.
• The basic concept is one of peer review. Colleges may nominate candidates to act as reviewers (for other institutions) to provide consistency with the public sector. Further information on applying on the QAA website.
• An application form and guidance for review will be published on the QAA website on 18/7/11.
• The closing date for applications will be 9/9/11. There is no guarantee that applications received after this date will be dealt with in time for the cut off in December 2012.
• The application fee is likely to be £1450.
• Applications should be accompanied by the fee and documentation in accordance with the guidance (to be published). Applications will need to meet the basic criteria for the review process. No judgements are made at this stage, only whether the application is complete and appropriate.
• Applicants are likely to be informed by the end of September 2011 whether they meet the basic criteria for review.
• Applicants are likely to be informed by 31/10/201 of the key review dates. Briefing sessions will be held in the Autumn but substantive reviews are unlikely to commence before January 2012.
• The fee for the review is likely to be between £17,000 and £19,000.
• The review itself will be in several stages
o Self evaluation (from which the agenda for the review is derived)
o Documentation
o Preliminary meeting
o 2 day visit by team of 3 people looking at procedures and consistency of practice against quality standards
o Meetings with staff and students
o Draft report
o Final report (published)
• Indications were that the whole process (excluding the initial application) could take 6 months or more.
• QAA are currently considering a 4 year cycle of reviews although the recent Education White Paper encouraged a more risk based approach.
• Applicants should check the QAA website regularly for key dates and further information. QAA has already published information from the seminar which can be found via the following link http://www.qaa.ac.uk/Newsroom/News/Pages/QAA-conference-Tier4.aspx
Seminars
• Veristat is planning to run seminars during August in London and Manchester on HTS and QAA accreditation. The seminars will be led by highly experienced professionals in these fields and will be aimed at giving up to date practical advice and assistance in what are crucial areas for education providers. Further information and dates for the seminars will be circulated shortly.
• The seminars will be offered on a first come, first served basis when the details are published. To register an interest in advance, email maria@veristat.co.uk stating whether you would be interested in a London or Manchester event.
Don Ingham
11th July 2011
Immigration issues
• Both the Minister and UKBA officials made it clear that there would be no changes to the policy of restricting permission to take employment for students outside the public sector system.
• There were strong indications that a new HTS policy would be introduced in September, probably preceded by a short consultation to be published by the end of July.
QAA
Note that in a number of areas it appeared that QAA had still not decided on the detail of their plans. Education providers should therefore check the UKBA and QAA websites for further information.
• The two main review bodies for private colleges will be QAA and ISI. Generally speaking the division will be between those colleges providing courses at or above L4 (QAA); and below that level (ISI). Colleges who are in doubt about where to apply should make preliminary enquiries with one of the bodies to establish which would be the more appropriate.
• The basic concept is one of peer review. Colleges may nominate candidates to act as reviewers (for other institutions) to provide consistency with the public sector. Further information on applying on the QAA website.
• An application form and guidance for review will be published on the QAA website on 18/7/11.
• The closing date for applications will be 9/9/11. There is no guarantee that applications received after this date will be dealt with in time for the cut off in December 2012.
• The application fee is likely to be £1450.
• Applications should be accompanied by the fee and documentation in accordance with the guidance (to be published). Applications will need to meet the basic criteria for the review process. No judgements are made at this stage, only whether the application is complete and appropriate.
• Applicants are likely to be informed by the end of September 2011 whether they meet the basic criteria for review.
• Applicants are likely to be informed by 31/10/201 of the key review dates. Briefing sessions will be held in the Autumn but substantive reviews are unlikely to commence before January 2012.
• The fee for the review is likely to be between £17,000 and £19,000.
• The review itself will be in several stages
o Self evaluation (from which the agenda for the review is derived)
o Documentation
o Preliminary meeting
o 2 day visit by team of 3 people looking at procedures and consistency of practice against quality standards
o Meetings with staff and students
o Draft report
o Final report (published)
• Indications were that the whole process (excluding the initial application) could take 6 months or more.
• QAA are currently considering a 4 year cycle of reviews although the recent Education White Paper encouraged a more risk based approach.
• Applicants should check the QAA website regularly for key dates and further information. QAA has already published information from the seminar which can be found via the following link http://www.qaa.ac.uk/Newsroom/News/Pages/QAA-conference-Tier4.aspx
Seminars
• Veristat is planning to run seminars during August in London and Manchester on HTS and QAA accreditation. The seminars will be led by highly experienced professionals in these fields and will be aimed at giving up to date practical advice and assistance in what are crucial areas for education providers. Further information and dates for the seminars will be circulated shortly.
• The seminars will be offered on a first come, first served basis when the details are published. To register an interest in advance, email maria@veristat.co.uk stating whether you would be interested in a London or Manchester event.
Don Ingham
11th July 2011
Monday, 4 July 2011
Immigration Notes: July 2011
Tier 4
Reporting Refusals
We are seeing increasing numbers of colleges failing to obtain HTS due to not having reported students who are refused visas as having failed to enrol. Failure to report refusals has also been included as one of the reasons for suspending colleges.
Most education providers had been working on the assumption that as the UKBA had refused the application and already held that information on their own records, there was no requirement for further reporting. Nor was there anything specific in the sponsor guidance that required sponsors to report such cases.
The general understanding was that sponsorship started when an entry clearance or leave to remain was granted. This was the advice which was provided in the past by the UKBA itself and also fitted with the HTS criterion for when a student should be counted as having failed to enrol. Therefore if a student was not “sponsored” until an entry clearance or leave to remain was granted, a student who had been refused an entry clearance was not being sponsored and there were therefore no sponsorship duties that needed to be met. The UKBA also appeared to recognise this position implicitly. We are not aware of any education provider who was advised by the UKBA during a visit of the need to report refusals or of any college where a failure to report refusals was cited as a reason for refusal of HTS or suspension prior to April 2011.
That position has now changed. The UKBA stated in a recent HTS refusal case that “as a student is not required to report the refusal of a visa to the sponsor, the sponsor is still required to report through the SMS when that student fails to enrol. This ensures that all CAS are accounted for either by the student enrolling on the course of study or through a “failed to enrol” report in the SMS.”
Bizarrely, this statement overlooks completely the fact that it is UKBA staff who make the decision and already hold the data on refusals which is information most colleges would wish to have but which is not available to them on the SMS and which UKBA normally refuse to provide on data privacy grounds.
In terms of the Guidance, UKBA refer to paragraph 353 of the July Policy Guidance for Sponsors (Version 06/11) which in talking about reporting students who fail to enrol, now carries an additional sentence at the end which states – “This includes any student you have assigned a CAS to who fails to present themselves to you and enrol by no later than 10 days after this date.” The sentence was first added to paragraph 348 in the April 2011 (Version 04/11) Guidance.
It seems likely that UKBA decisions based on the retrospective application of this “rule” will be challenged in the courts. However, in the meantime, all education providers should ensure that they report all cases of refusal of a visa or extension of stay as failure to enrol.
We suspect that by introducing and emphasising this “requirement”, UKBA is paving the way for a revision of the HTS criteria in September, when refusals will be included under the failure to enrol criterion, possibly with a slight uplift in the percentage.
New document to clarify English language requirements for Tier 4 sponsor s and students
The UKBA has produced a document which aims to clarify the requirements for both students and sponsors. The document provides answers to various frequently asked questions.
http://tinyurl.com/69bpyk9
Accreditation: ISI and QAA
The UKBA has announced that the Quality Assurance Agency for Higher Education (QAA) and the Independent Schools Inspectorate (ISI) have agreed in principle to extend their activities to carry out additional reviews as follows:
- QAA will review:
- listed bodies;
- other private higher education providers offering courses normally awarded in accordance with the Frameworks for Higher Education Qualifications; and
- 'embedded' colleges offering courses as a pathway into higher education.
- ISI will inspect privately funded further education colleges offering courses on the QCF/NQF, and also English language schools.
UKBA discussions are ongoing with the educational oversight bodies operating in Scotland, Wales and Northern Ireland, and also with the other educational oversight bodies involved in the independent schools sector.
The QAA and ISI will publish on their websites the details of the applicable standards and procedural information about how to apply, charges and how reviews will be carried out. Reviews are expected to begin being scheduled from October.
QAA and ISI have set Friday 9 September 2011 as the date by which sponsors seeking educational oversight by the end of 2012 must have submitted an application. QAA and ISI will announce the dates when they will start to accept applications.
A current sponsor who has not had a satisfactory review by one of the approved review bodies and who does not apply by the due date of 9 September will lose the ability to issue new confirmations of acceptance for studies (CASs). Sponsors who do not hold a current satisfactory review and who do apply by the due date will have until the end of 2012 to obtain one. Following an application, a sponsor who receives an unsatisfactory review will lose the ability to issue new CASs.
Some providers offer a mixture of higher education courses (those aligned to the FHEQ) and further education courses (those aligned to the QCF/NQF). Where the character of an institution is predominantly higher education, the QAA will be the educational oversight body, and where the character is predominantly further education, the ISI will be the educational oversight body. QAA and ISI have agreed to develop a memorandum of cooperation to include a means of determining which body will conduct reviews for colleges with mixed provision. The UK Border Agency will review these arrangements at the end of 2012.
The UK Border Agency will consider with the educational oversight bodies the frequency of reviews required for all providers after the initial round is complete. It is expected a risk-based approach will be adopted.
Where current Tier 4 sponsors do not receive a positive review, UKBA will restrict their ability to issue CASs. All reports will be published on either the QAA or ISI website as appropriate.
These arrangements do not apply to colleges not yet in operation. QAA and ISI will publish further guidance on how educational oversight will be applied to new colleges
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/49-oversight-qaa-isi?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Clarification for Tier 4 sponsors
Frequently asked questions raised by sponsors are answered in a new document published by the UKBA which can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/t4-review-clarification.pdf
The document covers the following areas:
•educational oversight and accreditation
•Highly Trusted Sponsor status
•the interim limit
•contact details for enquiries about the sponsorship management system
•post-study work
•immigration officers' discretion to refuse
•dependants
•maintenance and low-risk countries
•academic progression
New changes for student visa rules is announced
The first set of rules following the consultation with ended in March 2011 came into effect on 21 April 2011. The new set of changes will come into effect on 4 July 2011.
The new Rules:
-restrict work entitlements to migrants studying at higher education institutions (HEIs) and publicly funded further education colleges only
-restrict the sponsorship of dependants to those studying at postgraduate level at HEIs on courses lasting at least 12 months, and government-sponsored students on courses lasting at least 6 months
-commit to publish a list of financial institutions that UKBA considers, on the basis of experience, do not verify financial statements to their satisfaction in more than 50 per cent of a sample of cases;
-ensure that maintenance funds are genuinely available to the applicant
-restrict the ability to deliver accountancy courses accredited by the Association of Chartered Certified Accountants (ACCA) to those sponsors accorded platinum or gold status by ACCA; and
-clarify the position of overseas universities with campuses in the UK.
http://tinyurl.com/3k94cyx
Tier 2 and 5
Government response on the Home Affairs Committee report on immigration and asylum
Immigration minister Damien Green has responded to a report by the House of Commons Home Affairs Committee on the work of the UK Border Agency. He said:
“We have known for some time that the asylum system we inherited was chaotic............. We are already radically reforming the points-based system and other routes of entry that have been subject to widespread abuse, and will re-introduce exit checks by 2015.” http://tinyurl.com/6ykm4ry
New proposals to cut the link between temporary and permanent migration
The Government has announced plans to break the link between temporary and permanent migration. The proposals are set out in as a consultation which will end on 9th September 2011.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/consultations/employment-related-settlement/
Key proposals under consideration are:
•re-branding Tier 2 (the skilled worker route) as temporary, ending the assumption that settlement will be available for those who enter on this route;
•allowing certain categories of Tier 2 migrant, for example those earning over £150,000 or occupations of a specific economic or social value to the UK, to retain an automatic route to settlement;
•creating a new category into which, after three years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement;
•allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of five years with the expectation that they and any dependants will leave at the end of that time;
•introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement;
•restricting the maximum period of leave for Tier 5 Temporary Workers to 12 months; and
•closing or reforming routes for overseas domestic workers.
UK Border Agency response about visits by artists and musicians
As a result to the media coverage which stated that the UK points system is “inappropriate for short-term visits by artists!” (Phillip Pullman), a UKBA spokesperson said “Creative artists from across the world are welcome to come and perform in the UK. However, as with any visitors to the UK, we expect individuals to meet our entry requirements.” A leaflet for artists and entertainers who would like to perform in the UK has been published and can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/visitingtheuk/entertainer-artist.pdf
New arrangements for skilled workers to extend their stay
The UKBA is in the process of introducing new schemes for skilled workers who arrived in the UK under various work arrangements which have now closed. These new schemes can allow them to stay in the UK for up to 5 years. This additional leave will be granted free of charge.
You can apply if you have been given permission to stay for less than 2 years as:
•a Business and Commercial work permit holder (which includes ICT work permits);
•a Sports and Entertainment work permit holder;
•a Jewish agency employee;
•a member of the operational ground staff of an overseas-owned airline; or
•a minister of religion, missionary or member of a religious order.
Additionally, you must meet the following requirements:
•you applied for, and were granted, leave to remain under Tier 2 through the transitional arrangements in place for migrants in these categories;
•you are still working for the employer who assigned your certificate of sponsorship, and being paid the appropriate salary for your job;
•you intend to continue working for the same employer;
•you currently have valid leave to remain in a Tier 2 category (General, Intra company transfer, Minister of religion or Sportsperson);
•you were granted the maximum period of 3 years' leave to remain under Tier 2; and
•you can prove that you still meet the conditions of your existing leave.
In order to apply for additional leave under these routes, you will have to use the application form T2 (W) which will be published in early August 2011. Your family members will have to use the T2 (W) (Dependant) form.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/june/36-extension-skilled-workers
European Union
European Economic Area: Premium service in Liverpool
The application fees announced in April included a provision to charge for premium services for EEA 2, 3 and 4 applications at the UKBA’s Liverpool office. This has been spotted by a number of potential applicants who wish to avoid having their documents tied up for lengthy periods whilst their applications are under consideration. However, the UKBA is not yet able to provide the service and has issued a statement to the effect that the proposition is still under review.
http://tinyurl.com/42unngf
New application forms for EEA nationals
The UKBA has revised the following application forms EEA1, EEA2, EEA3 and EEA4. These forms should be used by Swiss and EEA nationals who are exercising treaty rights in the UK. Their family members who want to apply for a residence document should use these new forms as well. The new forms should be used for applications made on and after 20 June 2011. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/june/29-new-eea-forms
New application forms for Bulgarian and Romanians
The UKBA has published a new version of the BR1 application form and policy guidance for Bulgarians and Romanians wanting to apply for authorization to work in the UK. The revised form and policy guidance are to be used for all applications made on or after 20 June 2011. They can be found at http://www.ukba.homeoffice.gov.uk/workingintheuk/eea/bulgariaromania/applying/
Veristat Services
Student Visa applications
We are also increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk
Student Recruitment: Turkey and South America
We are currently inviting expressions of interest in student recruitment fairs in August in Turkey; September in Brazil; and October in Argentina. Full details of the fair service we operate can be found at http://www.veristat.co.uk/studentrecruitment.aspx. We also appreciate that each institution has different requirements so we are more than happy to fit our services to meet your needs. Should you require any further details or wish to book a place on any of the you can visit the link above or email us at enquiries@veristat.co.uk or call on 0161 247 8632.
HTS applications and immigration support
For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk
Reporting Refusals
We are seeing increasing numbers of colleges failing to obtain HTS due to not having reported students who are refused visas as having failed to enrol. Failure to report refusals has also been included as one of the reasons for suspending colleges.
Most education providers had been working on the assumption that as the UKBA had refused the application and already held that information on their own records, there was no requirement for further reporting. Nor was there anything specific in the sponsor guidance that required sponsors to report such cases.
The general understanding was that sponsorship started when an entry clearance or leave to remain was granted. This was the advice which was provided in the past by the UKBA itself and also fitted with the HTS criterion for when a student should be counted as having failed to enrol. Therefore if a student was not “sponsored” until an entry clearance or leave to remain was granted, a student who had been refused an entry clearance was not being sponsored and there were therefore no sponsorship duties that needed to be met. The UKBA also appeared to recognise this position implicitly. We are not aware of any education provider who was advised by the UKBA during a visit of the need to report refusals or of any college where a failure to report refusals was cited as a reason for refusal of HTS or suspension prior to April 2011.
That position has now changed. The UKBA stated in a recent HTS refusal case that “as a student is not required to report the refusal of a visa to the sponsor, the sponsor is still required to report through the SMS when that student fails to enrol. This ensures that all CAS are accounted for either by the student enrolling on the course of study or through a “failed to enrol” report in the SMS.”
Bizarrely, this statement overlooks completely the fact that it is UKBA staff who make the decision and already hold the data on refusals which is information most colleges would wish to have but which is not available to them on the SMS and which UKBA normally refuse to provide on data privacy grounds.
In terms of the Guidance, UKBA refer to paragraph 353 of the July Policy Guidance for Sponsors (Version 06/11) which in talking about reporting students who fail to enrol, now carries an additional sentence at the end which states – “This includes any student you have assigned a CAS to who fails to present themselves to you and enrol by no later than 10 days after this date.” The sentence was first added to paragraph 348 in the April 2011 (Version 04/11) Guidance.
It seems likely that UKBA decisions based on the retrospective application of this “rule” will be challenged in the courts. However, in the meantime, all education providers should ensure that they report all cases of refusal of a visa or extension of stay as failure to enrol.
We suspect that by introducing and emphasising this “requirement”, UKBA is paving the way for a revision of the HTS criteria in September, when refusals will be included under the failure to enrol criterion, possibly with a slight uplift in the percentage.
New document to clarify English language requirements for Tier 4 sponsor s and students
The UKBA has produced a document which aims to clarify the requirements for both students and sponsors. The document provides answers to various frequently asked questions.
http://tinyurl.com/69bpyk9
Accreditation: ISI and QAA
The UKBA has announced that the Quality Assurance Agency for Higher Education (QAA) and the Independent Schools Inspectorate (ISI) have agreed in principle to extend their activities to carry out additional reviews as follows:
- QAA will review:
- listed bodies;
- other private higher education providers offering courses normally awarded in accordance with the Frameworks for Higher Education Qualifications; and
- 'embedded' colleges offering courses as a pathway into higher education.
- ISI will inspect privately funded further education colleges offering courses on the QCF/NQF, and also English language schools.
UKBA discussions are ongoing with the educational oversight bodies operating in Scotland, Wales and Northern Ireland, and also with the other educational oversight bodies involved in the independent schools sector.
The QAA and ISI will publish on their websites the details of the applicable standards and procedural information about how to apply, charges and how reviews will be carried out. Reviews are expected to begin being scheduled from October.
QAA and ISI have set Friday 9 September 2011 as the date by which sponsors seeking educational oversight by the end of 2012 must have submitted an application. QAA and ISI will announce the dates when they will start to accept applications.
A current sponsor who has not had a satisfactory review by one of the approved review bodies and who does not apply by the due date of 9 September will lose the ability to issue new confirmations of acceptance for studies (CASs). Sponsors who do not hold a current satisfactory review and who do apply by the due date will have until the end of 2012 to obtain one. Following an application, a sponsor who receives an unsatisfactory review will lose the ability to issue new CASs.
Some providers offer a mixture of higher education courses (those aligned to the FHEQ) and further education courses (those aligned to the QCF/NQF). Where the character of an institution is predominantly higher education, the QAA will be the educational oversight body, and where the character is predominantly further education, the ISI will be the educational oversight body. QAA and ISI have agreed to develop a memorandum of cooperation to include a means of determining which body will conduct reviews for colleges with mixed provision. The UK Border Agency will review these arrangements at the end of 2012.
The UK Border Agency will consider with the educational oversight bodies the frequency of reviews required for all providers after the initial round is complete. It is expected a risk-based approach will be adopted.
Where current Tier 4 sponsors do not receive a positive review, UKBA will restrict their ability to issue CASs. All reports will be published on either the QAA or ISI website as appropriate.
These arrangements do not apply to colleges not yet in operation. QAA and ISI will publish further guidance on how educational oversight will be applied to new colleges
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/49-oversight-qaa-isi?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+ukborderagency+%28UK+Border+Agency+latest+news%29
Clarification for Tier 4 sponsors
Frequently asked questions raised by sponsors are answered in a new document published by the UKBA which can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/t4-review-clarification.pdf
The document covers the following areas:
•educational oversight and accreditation
•Highly Trusted Sponsor status
•the interim limit
•contact details for enquiries about the sponsorship management system
•post-study work
•immigration officers' discretion to refuse
•dependants
•maintenance and low-risk countries
•academic progression
New changes for student visa rules is announced
The first set of rules following the consultation with ended in March 2011 came into effect on 21 April 2011. The new set of changes will come into effect on 4 July 2011.
The new Rules:
-restrict work entitlements to migrants studying at higher education institutions (HEIs) and publicly funded further education colleges only
-restrict the sponsorship of dependants to those studying at postgraduate level at HEIs on courses lasting at least 12 months, and government-sponsored students on courses lasting at least 6 months
-commit to publish a list of financial institutions that UKBA considers, on the basis of experience, do not verify financial statements to their satisfaction in more than 50 per cent of a sample of cases;
-ensure that maintenance funds are genuinely available to the applicant
-restrict the ability to deliver accountancy courses accredited by the Association of Chartered Certified Accountants (ACCA) to those sponsors accorded platinum or gold status by ACCA; and
-clarify the position of overseas universities with campuses in the UK.
http://tinyurl.com/3k94cyx
Tier 2 and 5
Government response on the Home Affairs Committee report on immigration and asylum
Immigration minister Damien Green has responded to a report by the House of Commons Home Affairs Committee on the work of the UK Border Agency. He said:
“We have known for some time that the asylum system we inherited was chaotic............. We are already radically reforming the points-based system and other routes of entry that have been subject to widespread abuse, and will re-introduce exit checks by 2015.” http://tinyurl.com/6ykm4ry
New proposals to cut the link between temporary and permanent migration
The Government has announced plans to break the link between temporary and permanent migration. The proposals are set out in as a consultation which will end on 9th September 2011.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/consultations/employment-related-settlement/
Key proposals under consideration are:
•re-branding Tier 2 (the skilled worker route) as temporary, ending the assumption that settlement will be available for those who enter on this route;
•allowing certain categories of Tier 2 migrant, for example those earning over £150,000 or occupations of a specific economic or social value to the UK, to retain an automatic route to settlement;
•creating a new category into which, after three years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement;
•allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of five years with the expectation that they and any dependants will leave at the end of that time;
•introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement;
•restricting the maximum period of leave for Tier 5 Temporary Workers to 12 months; and
•closing or reforming routes for overseas domestic workers.
UK Border Agency response about visits by artists and musicians
As a result to the media coverage which stated that the UK points system is “inappropriate for short-term visits by artists!” (Phillip Pullman), a UKBA spokesperson said “Creative artists from across the world are welcome to come and perform in the UK. However, as with any visitors to the UK, we expect individuals to meet our entry requirements.” A leaflet for artists and entertainers who would like to perform in the UK has been published and can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/visitingtheuk/entertainer-artist.pdf
New arrangements for skilled workers to extend their stay
The UKBA is in the process of introducing new schemes for skilled workers who arrived in the UK under various work arrangements which have now closed. These new schemes can allow them to stay in the UK for up to 5 years. This additional leave will be granted free of charge.
You can apply if you have been given permission to stay for less than 2 years as:
•a Business and Commercial work permit holder (which includes ICT work permits);
•a Sports and Entertainment work permit holder;
•a Jewish agency employee;
•a member of the operational ground staff of an overseas-owned airline; or
•a minister of religion, missionary or member of a religious order.
Additionally, you must meet the following requirements:
•you applied for, and were granted, leave to remain under Tier 2 through the transitional arrangements in place for migrants in these categories;
•you are still working for the employer who assigned your certificate of sponsorship, and being paid the appropriate salary for your job;
•you intend to continue working for the same employer;
•you currently have valid leave to remain in a Tier 2 category (General, Intra company transfer, Minister of religion or Sportsperson);
•you were granted the maximum period of 3 years' leave to remain under Tier 2; and
•you can prove that you still meet the conditions of your existing leave.
In order to apply for additional leave under these routes, you will have to use the application form T2 (W) which will be published in early August 2011. Your family members will have to use the T2 (W) (Dependant) form.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/june/36-extension-skilled-workers
European Union
European Economic Area: Premium service in Liverpool
The application fees announced in April included a provision to charge for premium services for EEA 2, 3 and 4 applications at the UKBA’s Liverpool office. This has been spotted by a number of potential applicants who wish to avoid having their documents tied up for lengthy periods whilst their applications are under consideration. However, the UKBA is not yet able to provide the service and has issued a statement to the effect that the proposition is still under review.
http://tinyurl.com/42unngf
New application forms for EEA nationals
The UKBA has revised the following application forms EEA1, EEA2, EEA3 and EEA4. These forms should be used by Swiss and EEA nationals who are exercising treaty rights in the UK. Their family members who want to apply for a residence document should use these new forms as well. The new forms should be used for applications made on and after 20 June 2011. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/june/29-new-eea-forms
New application forms for Bulgarian and Romanians
The UKBA has published a new version of the BR1 application form and policy guidance for Bulgarians and Romanians wanting to apply for authorization to work in the UK. The revised form and policy guidance are to be used for all applications made on or after 20 June 2011. They can be found at http://www.ukba.homeoffice.gov.uk/workingintheuk/eea/bulgariaromania/applying/
Veristat Services
Student Visa applications
We are also increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk
Student Recruitment: Turkey and South America
We are currently inviting expressions of interest in student recruitment fairs in August in Turkey; September in Brazil; and October in Argentina. Full details of the fair service we operate can be found at http://www.veristat.co.uk/studentrecruitment.aspx. We also appreciate that each institution has different requirements so we are more than happy to fit our services to meet your needs. Should you require any further details or wish to book a place on any of the you can visit the link above or email us at enquiries@veristat.co.uk or call on 0161 247 8632.
HTS applications and immigration support
For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk
Wednesday, 1 June 2011
Immigration Notes: June 2011
HTS: New Application form and Guidance
We have had a number of enquiries from colleges following the publication of the new HTS application form valid from 21st April and revisions to the HTS guidance on the UKBA website. The problem is the apparent conflict between the information on the HTS application form and UKBA website; and the HTS criteria as included in the new Sponsor Guidance, particularly in respect of refusals.
The application form and website both state that refusals should be counted under failure to enrol. However, the HTS criterion relating to failure to enrol, refers to students who have no intention to study and states that it applies where students have used a CAS issued by the sponsor and who have entered or remained in the UK but have not enrolled with within 1 month of the course commencing. This criterion clearly does not apply to students who have been refused, not least because they will not have entered the UK.
We have been in touch with the UKBA and asked them to confirm that refusals will not be considered by the UKBA as contributing to the 2 percent limit for students who fail to enrol in accordance with the criterion. UKBA replied that students that are refused are not counted under the failed to enrol percentage as this percentage is only for students issued with leave to enter or remain. The UKBA will also look at updating the information on the website.
The advice on the website also refers to students who have missed 10 expected contacts as being included in the figures for students who have failed to complete the course. However, the Sponsor Guidance allows for a student who has missed 10 contacts to be taken back by the college. We therefore also wrote to UKBA asking them to confirm that students who are taken back by a college will not count against a college for HTS purposes. UKBA replied that they will assess the application based on the last report received by the institution. Therefore if the last migrant reporting was ceased study, the student will count. However, if the last report indicates that the institution is now sponsoring the student, they won’t count.
Reporting refusals
We are also aware that a number of colleges are being told that they must now report refusals and asked the UKBA for their comments.
Paragraph 348 of the new Sponsor Guidance covers failure to enrol and states that a sponsor must report any student to whom a CAS has been issued and who fails to present themselves and enrol no later than 10 days after the end of the prescribed enrolment period. Previously, this was considered not to relate to refusals on the basis of advice from the UKBA that a student does not become a sponsored student until granted an entry clearance or leave to remain. However, the UKBA has now stated that once a CAS has been assigned and used in a leave application, reporting duties are conferred on the sponsor. Therefore refused students need to be reported as failed to enrol. We have some reservations about this advice and will be exploring it further but in the meantime Colleges will wish to note the formal advice provided by the UKBA.
Tier 2: Restricted COS
Under the new Tier 2 Rules, Certificates of Sponsorship (COS) were divided into two groups, restricted and unrestricted. Restricted COS are for people who are currently overseas who do not already have permission to live and work in the UK. A monthly limit is applied to the number of COS that can be issued. Whilst many employers were concerned that these arrangements would limit their ability to recruit new staff from abroad, the figures published by the UKBA for the first two months of the scheme (April and May) show that all applications have been successful and that a large number of the COS available were unused. Unused COS are rolled forward to the following month.
April 2011
The first monthly allocation took place on 11 April 2011. All valid applications received by 6 April 2011 were successful if they scored at least 32 points.
Certificates of sponsorship set aside from annual limit for allocation in April 4,200
Certificates of sponsorship granted in April allocation 1,019
Balance of certificates of sponsorship carried over to May 3,181
May 2011
The second monthly allocation took place on 11 April 2011. All valid applications received by 6 May 2011 were successful if they scored at least 32 points.
Balance of certificates of sponsorship carried over from April 3,181
Certificates of sponsorship set aside from annual limit for allocation in May 1,500
Certificates of sponsorship returned or reclaimed between 7 April and 5 May 2011 3
Certificates of sponsorship granted by exceptional consideration outside the monthly allocation, between 7 April and 5 May 2011 18
Certificates of sponsorship available for allocation in May 4,666
Certificates of sponsorship granted in May allocation 781
Balance of certificates of sponsorship carried over to June 3,885
Certificates of sponsorship available for allocation in June 5,365
http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/employingmigrants/apply-for-restricted-cos/allocations/
Appeals
On 19th May the Immigration Minister announced that Section 19 of the UK Borders
Act 2007 would come into force on 23 May 2011. Section 19 restricts the evidence an appellant can rely on at such an appeal to that which is submitted to and considered by the UK Border Agency in support of an application. Section 19 will restrict the type of new evidence that can be taken into account by the Tribunal. The UKBA claims that around two-thirds of PBS appeals allowed by the Tribunal are due to the submission of further evidence at appeal. The Government sees this as a misuse of the appeals system as a free second application process and stated that it is not right that the taxpayer should foot the administrative and appeals bill where this information should have been put forward as part of the original application or where a second application including all the necessary information (for which we will charge) is the most appropriate route to securing a grant of leave.
The Commencement Order will come into force on 23 May and will apply to all appeals heard for the first time against refusals of applications to remain in the UK under the Points
Based System, regardless of the date that appeal was lodged. Appeals that have been part or fully-heard by the First-tier Tribunal (Immigration and Asylum Chamber) by this date will not be affected.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/wms-section-19.pdf
The changes will clearly make some refusals less appealable and place a greater onus on applicants and sponsors to ensure that applications are correct in the first place.
Independent Chief Inspector report on Scotland and Northern Ireland
On 20th May, John Vine CBE QPM, the Independent Chief Inspector of the UK Border Agency, published three reports focusing on the UKBA’s operations in Scotland and Northern Ireland: border operations, countering abuse of the Common Travel Area, and the Agency’s representation at first-tier appeals in Scotland. Full details can be found via the following link.
http://icinspector.independent.gov.uk/news/
British Council to introduce “Education Intelligence”
British Council will unveil its plans for a global service devoted to international higher education at the NAFSA 2011 Annual Conference which is held in Vancouver, Canada, from 29 May – 3 June 2011. This market intelligence service aims to provide research and analysis about trends in international higher education to policymakers, education providers and individuals. This will help education providers to know more about the trends in student mobility flows and current national policies in order to make good decisions.
http://www.prweb.com/releases/2011/5/prweb8470025.htm
Veristat Services
Student Visa applications
We are also increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk
Student Recruitment: Turkey and South America
We are currently inviting expressions of interest in student recruitment fairs in August in Turkey; September in Brazil; and October in Argentina. Full details of the fair service we operate can be found at http://www.veristat.co.uk/studentrecruitment.aspx. We also appreciate that each institution has different requirements so we are more than happy to fit our services to meet your needs. Should you require any further details or wish to book a place on any of the you can visit the link above or email us at enquiries@veristat.co.uk or call on 0161 247 8632.
HTS applications and immigration support
For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk
We have had a number of enquiries from colleges following the publication of the new HTS application form valid from 21st April and revisions to the HTS guidance on the UKBA website. The problem is the apparent conflict between the information on the HTS application form and UKBA website; and the HTS criteria as included in the new Sponsor Guidance, particularly in respect of refusals.
The application form and website both state that refusals should be counted under failure to enrol. However, the HTS criterion relating to failure to enrol, refers to students who have no intention to study and states that it applies where students have used a CAS issued by the sponsor and who have entered or remained in the UK but have not enrolled with within 1 month of the course commencing. This criterion clearly does not apply to students who have been refused, not least because they will not have entered the UK.
We have been in touch with the UKBA and asked them to confirm that refusals will not be considered by the UKBA as contributing to the 2 percent limit for students who fail to enrol in accordance with the criterion. UKBA replied that students that are refused are not counted under the failed to enrol percentage as this percentage is only for students issued with leave to enter or remain. The UKBA will also look at updating the information on the website.
The advice on the website also refers to students who have missed 10 expected contacts as being included in the figures for students who have failed to complete the course. However, the Sponsor Guidance allows for a student who has missed 10 contacts to be taken back by the college. We therefore also wrote to UKBA asking them to confirm that students who are taken back by a college will not count against a college for HTS purposes. UKBA replied that they will assess the application based on the last report received by the institution. Therefore if the last migrant reporting was ceased study, the student will count. However, if the last report indicates that the institution is now sponsoring the student, they won’t count.
Reporting refusals
We are also aware that a number of colleges are being told that they must now report refusals and asked the UKBA for their comments.
Paragraph 348 of the new Sponsor Guidance covers failure to enrol and states that a sponsor must report any student to whom a CAS has been issued and who fails to present themselves and enrol no later than 10 days after the end of the prescribed enrolment period. Previously, this was considered not to relate to refusals on the basis of advice from the UKBA that a student does not become a sponsored student until granted an entry clearance or leave to remain. However, the UKBA has now stated that once a CAS has been assigned and used in a leave application, reporting duties are conferred on the sponsor. Therefore refused students need to be reported as failed to enrol. We have some reservations about this advice and will be exploring it further but in the meantime Colleges will wish to note the formal advice provided by the UKBA.
Tier 2: Restricted COS
Under the new Tier 2 Rules, Certificates of Sponsorship (COS) were divided into two groups, restricted and unrestricted. Restricted COS are for people who are currently overseas who do not already have permission to live and work in the UK. A monthly limit is applied to the number of COS that can be issued. Whilst many employers were concerned that these arrangements would limit their ability to recruit new staff from abroad, the figures published by the UKBA for the first two months of the scheme (April and May) show that all applications have been successful and that a large number of the COS available were unused. Unused COS are rolled forward to the following month.
April 2011
The first monthly allocation took place on 11 April 2011. All valid applications received by 6 April 2011 were successful if they scored at least 32 points.
Certificates of sponsorship set aside from annual limit for allocation in April 4,200
Certificates of sponsorship granted in April allocation 1,019
Balance of certificates of sponsorship carried over to May 3,181
May 2011
The second monthly allocation took place on 11 April 2011. All valid applications received by 6 May 2011 were successful if they scored at least 32 points.
Balance of certificates of sponsorship carried over from April 3,181
Certificates of sponsorship set aside from annual limit for allocation in May 1,500
Certificates of sponsorship returned or reclaimed between 7 April and 5 May 2011 3
Certificates of sponsorship granted by exceptional consideration outside the monthly allocation, between 7 April and 5 May 2011 18
Certificates of sponsorship available for allocation in May 4,666
Certificates of sponsorship granted in May allocation 781
Balance of certificates of sponsorship carried over to June 3,885
Certificates of sponsorship available for allocation in June 5,365
http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/employingmigrants/apply-for-restricted-cos/allocations/
Appeals
On 19th May the Immigration Minister announced that Section 19 of the UK Borders
Act 2007 would come into force on 23 May 2011. Section 19 restricts the evidence an appellant can rely on at such an appeal to that which is submitted to and considered by the UK Border Agency in support of an application. Section 19 will restrict the type of new evidence that can be taken into account by the Tribunal. The UKBA claims that around two-thirds of PBS appeals allowed by the Tribunal are due to the submission of further evidence at appeal. The Government sees this as a misuse of the appeals system as a free second application process and stated that it is not right that the taxpayer should foot the administrative and appeals bill where this information should have been put forward as part of the original application or where a second application including all the necessary information (for which we will charge) is the most appropriate route to securing a grant of leave.
The Commencement Order will come into force on 23 May and will apply to all appeals heard for the first time against refusals of applications to remain in the UK under the Points
Based System, regardless of the date that appeal was lodged. Appeals that have been part or fully-heard by the First-tier Tribunal (Immigration and Asylum Chamber) by this date will not be affected.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/wms-section-19.pdf
The changes will clearly make some refusals less appealable and place a greater onus on applicants and sponsors to ensure that applications are correct in the first place.
Independent Chief Inspector report on Scotland and Northern Ireland
On 20th May, John Vine CBE QPM, the Independent Chief Inspector of the UK Border Agency, published three reports focusing on the UKBA’s operations in Scotland and Northern Ireland: border operations, countering abuse of the Common Travel Area, and the Agency’s representation at first-tier appeals in Scotland. Full details can be found via the following link.
http://icinspector.independent.gov.uk/news/
British Council to introduce “Education Intelligence”
British Council will unveil its plans for a global service devoted to international higher education at the NAFSA 2011 Annual Conference which is held in Vancouver, Canada, from 29 May – 3 June 2011. This market intelligence service aims to provide research and analysis about trends in international higher education to policymakers, education providers and individuals. This will help education providers to know more about the trends in student mobility flows and current national policies in order to make good decisions.
http://www.prweb.com/releases/2011/5/prweb8470025.htm
Veristat Services
Student Visa applications
We are also increasingly providing a number of colleges with visa services for all of their students at discounted rates as a means of reducing the number of refusals. With each CAS worth on average £5000, it makes good financial sense not to waste CAS on refusals. Colleges also want to maintain low refusal rates for HTS applications. For further information on how we can help you in this area, including with applications for student visitor visas, contact us via our website at www.studentvisasuk.co.uk
Student Recruitment: Turkey and South America
We are currently inviting expressions of interest in student recruitment fairs in August in Turkey; September in Brazil; and October in Argentina. Full details of the fair service we operate can be found at http://www.veristat.co.uk/studentrecruitment.aspx. We also appreciate that each institution has different requirements so we are more than happy to fit our services to meet your needs. Should you require any further details or wish to book a place on any of the you can visit the link above or email us at enquiries@veristat.co.uk or call on 0161 247 8632.
HTS applications and immigration support
For support in complying with UKBA requirements, including applications for Highly Trusted Sponsor status, see our website www.veristat.co.uk and contact us at enquiries@veristat.co.uk
Veristat provides a wide range of services to education providers through compliance audits, advice packages, assessment of intent and recruitment. Please contact us for a no commitment discussion if you think you would benefit from any of these services enquiries@veristat.co.uk
Tuesday, 31 May 2011
Our Activities
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.
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, 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
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