Monday, 2 April 2012

Immigration Notes: April 2012


Tier 4

NAO publish report on student visas

A recent report published by the National Audit Office (NAO) claims that up to 50,000 people have entered the United Kingdom to work rather than study.

The NAO found that the UK Border Agency had not dealt efficiently and effectively with overstayers and students in breach of the rules, and made several recommendations, including:
  • UKBA must pursue vigorously plans to extend and reinforce action to ensure students with no right to remain in the UK are identified and required to leave.
  • Work more collaboratively with sponsor representative bodies to help develop compliance standards that are practical for sponsors to implement.
  • Consider introduction of a test for owners and operators of private colleges to hold a Tier 4 sponsor licence.
  • Consider the introduction of a formal cost-effective means for sponsors to challenge decisions made by UKBA not to award Highly Trusted Sponsor status.
The full report can be downloaded here.


MAC recommends no change to annual limit of Skilled Workers

The Migration Advisory Committee (MAC) has recommended that no changes be made to the annual limit on skilled workers from outside of the European Economic Area (EEA) for the next financial year.

The current annual limit is 21,700.

Also, no changes have been recommended to intra-company transfers although the MAC will continue to review this.



General Immigration Matters

Changes to the Immigration Rules - All Tiers

A written ministerial statement has been laid before Parliament outlining changes to the Immigration Rules, most of which will come into effect on 6 April 2012.  

The full statement (the new Rules) can be downloaded here.

Tier 1 - high-value migrants
  • Closing the Tier 1 (Post-study work) route.
  • Introducing the new Tier 1 (Graduate entrepreneur) route.
  • Introducing new provisions for switching from Tier 1 (Graduate entrepreneur) or Tier 1 (Post-study) work into Tier 1 (Entrepreneur).
  • Renewing the 1,000 place limit for Tier 1 (Exceptional talent) for each of the next 2 years.

Tier 2 - skilled workers
  • Limiting the total amount of temporary leave that may be granted to a Tier 2 migrant to 6 years (which applies to those who entered after 6 April 2011).
  • Introducing a new minimum pay requirement of £35,000 or the appropriate rate for the job, for Tier 2 general and sportsperson migrants who wish to settle here from April 2016 (with exemptions for those in PhD level and shortage occupation categories).
  • Introducing a 'cooling-off period' across all the Tier 2 routes.  Tier 2 migrants will need to wait for 12 months from the expiry of their previous visa before they may apply for a further Tier 2 visa.
  • Introducing new post-study arrangements for graduates switching into Tier 2.
Tier 4 - students
  • Extending the interim limit for sponsors that have applied for educational oversight and Highly Trusted Sponsor status and have not yet been assessed.
  • Introducing limits on the time that can be spent studying at degree level.
  • Tightening work placement restrictions.
Tier 5 - temporary workers
  • Limiting the length of time temporary workers can stay in the UK, under certain Government Authorised Exchange schemes, to a maximum of 12 months.  The schemes affected are intern, work experience and youth exchange type programmes.
  • Allowing sportspersons who enter under the Tier 5 creative and sporting sub-category to undertake some guest sports broadcasting work where they are not filling a permanent position.
Changes in all tiers of the points-based system
  • Making curtailment mandatory where a migrant under Tiers 2, 4, or 5 system has failed to start, or has ceased work or study with their sponsor and reducing the curtailment threshold from 6 months to 60 days.
  • Increasing the funds applicants will need to provide evidence of, in order to meet the maintenance requirements for all routes in the points-based system.  For Tiers 4 and Tier 5 Youth Mobility Scheme the changes will come into effect on 6 April 2012.  For Tier 1, Tier 2 and temporary workers under Tier 5 the changes will come into effect on 14 June 2012.
Visitors
  • The new visitor route will allow a small group of professionals, artists, entertainers and sportspersons who are invited to come to the UK to undertake short-term permitted fee paid engagements for up to 1 month.
Overseas domestic workers
  • Restricting all overseas domestic workers (ODW) to only work for the employer with whom they entered the UK, or whom they came to join.
  • Removing the right for all migrants under the ODW category to apply for settlement.
  • Strengthening the requirement for the employer of an ODW to provide evidence of an existing employer relationship, and introducing a requirement for agreed, written terms and conditions of employment to be produced, as part of the application for entry clearance.
  • Permitting all ODWs who have applied for leave to enter or remain on or before 5 April 2012, to continue to be treated under Immigration Rules in place on that date.
  • Restricting ODWs in private households to work for an employer who is a visitor to the UK.  Permission to stay in the UK will be limited to a maximum of 6 months or the period of the employer's stay whichever is shorter.  Removing the current provision for ODWs to be accompanied by dependants.
  • Permitting ODWs in diplomatic households to apply to extend their stay for 12 months at a time up to a maximum of 5 years, or the length of the diplomat's posting, whichever is shorter.
Sponsors
  • Introducing a Premium Customer Service for those A-rated sponsors in Tiers 2 and 5 who wish to apply and pay for a range of benefits.  The service will launch in the 2012-13 financial year. Details are awaited.
Retrieving archived files from Immigration Advisory Centre

Applicants represented by the Immigration Advisory Service (IAS) have until 28 May 2012 to request their documents to be returned.

The IAS provided immigration advice to people dealing with the UK Border Agency but went into administration in July 2011 and its client's files were archived.

The archive has now been opened to allow applicants to get their documents and files back.

You can find details of how applicants can request the return of their documents/files here.


From 6 April 2012, the UK Border Agency is making changes to procedures for sponsoring private servants in diplomatic households (Tier 5).

Key changes are:
  • The diplomatic mission will need to include a 'sponsor note' with the certificate of sponsorship assigned to a private servant, giving the name of the diplomat that the private servant will work for.
  • Private servants will be able to stay for a maximum of 5 years.
  • The private servant and diplomat they will be working for will need to agree and sign written terms and conditions of employment (covering issues such as hours of work, salary and time off).  This document must be included with their visa application.  Terms and conditions must conform to all relevant UK and European legislation, including the National Minimum Wage Act and the EU working time directive.
These changes do not affect those private servants exempt from immigration control because they are servants of the head of a diplomatic mission.


Parliamentary approval given for increase in visa fees

Parliamentary approval has been given for some overseas visa fees and UK-based application fees to increase.  These new fees will be payable from 00:01 (UK time) on Friday 6 April.  Further information can be found here.

The UK Border Agency will not accept applications unless the correct fee has been paid.



Changes to Visa Services

The UK Border Agency has announced the closure of the visa application centre at the British Embassy in Copenhagen.  From 19 March 2012, it is being replaced with a visa service, in partnership with WorldBridge Service.

The UK Border Agency has announced the closure of the visa application centre at the British Embassy in Tallinn, Estonia from 23 March 2012.  This will be replaced with a visa service, which will be available from 30 March 2012, in partnership with WorldBridge Service.

From 6 April 2012, applicants in Pakistan must apply for their UK visas online.  The UK Border Agency in Pakistan will no longer accept manually completed application forms from 1 May 2012.

From 18 March 2012, the UK Border Agency is introducing a new prime time appointment service for visa applicants in Saudi Arabia, Qatar, Kuwait and Bahrain.  Applicants will be able to book appointments at the visa application centre at a cost of £30 (payable in local currency) for each appointment plus the visa application fee.

From 20 March 2012, the UK Border Agency is introducing changes to visa applications processed in Ireland.  Applicants will still need to submit their application for a UK visa at the visa section of the British Embassy in Dublin, but the application (including the applicant's passport) will be sent to UKBA's London office to be considered.  The application will be assessed and then returned to the Dublin office for collection or return by post as before.

From 1 March 2012, the UK Border Agency has introduced a priority visa service for those applying from Japan.  This priority visa service will be available to customers who pay an additional fee to have their visa application dealt with quicker.  Priority service visa applications will usually be processed within 3-4 working days.

From 3 April 2012, Libyan, Egyptian and Syrian nationals wishing to transit at a UK airport will need to apply for a Direct Airside Transit Visa (DATV).

From 16 May 2012, applicants in China must apply for their UK visas online.  The UK Border Agency in China will no longer accept manually completed application forms from 30 April 2012.


Veristat Services


HTS applications and immigration support


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

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

Entrepreneur Visits

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

Forgery and Document Checking

Our aim is to assist employers in understanding the documents presented to them.  We offer passport and identity card advice from ex-immigration officers who have had decades of experience dealing with passports from many different nations at the busiest ports and airports in the world. 

We also offer a wide range of training for sponsors tailored to meet your needs.  The training can be undertaken on your own premises.

Contact us for further information on enquiries@veristat.co.uk.

College Closures and Legacy Sponsors

We have been approached by several clients who are willing to pay a commission to colleges that are closing or becoming legacy sponsors for the transfer of eligible students.  Contact us for further information on enquiries@veristat.co.uk.  

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Thursday, 1 March 2012

Immigration Notes: March 2012


Tier 4

Changes affecting study, post-study work and maintenance requirements for students and workers

The UK Government has published a statement concerning its plans to make changes to Tier 4 (Students) and Tier 1 (Post-study work) of the points-based system from 6th April 2012.

The key changes are:
  • The interim limit will continue to apply for a further year up to the end of December 2012 for those who have not yet been granted HTS and education oversight under the new arrangements.  The allocation will be the same as that for 2010/11 but will be reduced to take account of the shorter period.  Affected sponsors will therefore be granted additional CAS equivalent to three-quarters of their CAS allocation for the first year under the interim limit.  No arrangements have yet been announced for new institutions.
  • Applicants will be required to provide evidence of a higher level of funds for maintenance if applying on or after 6 April.
  • Post Study Work will end on 5 April 2012.  Those who would previously have qualified for PSW will be able to apply for a Tier 2 visa without the employer having to undertake a resident labour market test.
  • A new scheme will be introduced for entrepreneurs sponsored by a university.  The scheme will be limited to 1000 places a year.
  • If the applicant pays accommodation fees to their Tier 4 sponsor, they will be able to deduct a maximum of £1000 from the maintenance they have to show, even if they pay more than this.
  • Applicants will be limited to spending 5 years on degree level courses unless:
    • Applicant's undergraduate degree course was four or five years long and they now wish to study a Master's degree at a higher education institution.
    • Applicant is applying to study a PhD at a higher education institution.
    • Applicant is studying a specific course: architecture, medicine, dentistry, veterinary medicine and science, law, music studied at a conservatoire.
  • Work placements will be reduced to a third of total study time for those studying a course below degree level who are not at a higher education institution.
  • No changes are planned to the restrictions on working.
The full statement of intent can be read here:

http://www.homeoffice.gov.uk/publications/agencies-public-bodies/changes-study-visa-soi?view=Binary


Tier 4 - HTS Visits

We have noticed a significant increase in activity by the UKBA visiting education providers who are awaiting the outcome of their HTS applications.  Some are new applicants whilst others are institutions renewing their HTS who may not have been visited for some time.  Most of the visits appear to be by appointment with around 1 week's notice.

Failure to report visa refusals is also continuing to arise as a reason for refusing HTS and we are aware of a number of cases of refusal on these grounds being challenged via judicial review.


Tier 1 and 2

Tier 1 - Changes to Tier 1 Application Arrangements

The UK Border Agency has revised the guidance notes for all Tier 1 visa categories, as well as introducing changes to the Tier 1 Entrepreneur application form.  The old form will be accepted until 5th March 2012.

The key changes are:
  • Inclusion of a paragraph about the circumstances under which UKBA officials will contact applicants about missing or incorrect documents.
  • Tier 1 (Entrepreneur) application form and policy guidance have also been revised to allow applicants to use money invested in a UK business while they were here in a different immigration category.
Full details of all changes can be viewed and downloaded from the following link: 



Tier 2 - Changes to the Rules for Settlement

The Government has announced its intention to make changes to the rules relating to settlement for those who have entered the UK under Tier 2 or switched into Tier 2 since 11th April 2012.  Many of the changes will not impact until April 2016 (after 5 years).  No changes have been announced affecting those in the UK under Tier 1.  

Other changes are also proposed to the rules relating to domestic workers.



General Immigration Matters

New Immigration Fees Proposed

The Immigration Minister, Damian Green, has issued a written ministerial statement proposing an increase in visa fees, including an increase in UK-based visa application fees.  

Subject to parliamentary approval, the government hopes to introduce these new fees from 6th April 2012.  

New application forms will also be published for use from 6th April 2012.  

The UKBA announcement, including table of fees and ministerial statement can be viewed here:


Prime Time Arrangement for applicants in India

From 1 February 2012, applicants have the option to apply for their UK visa during extended submission times at the visa application centres in New Delhi, Mumbai (North and South), Chennai and Bangalore, Monday to Friday.  There is an additional fee of Rs3750 (including taxes) for this service.  

Further information on prime time arrangements applying from India can be viewed here: 


Migration Statistics Quarterly Report, February 2012

The Office for National Statistics (ONS) has published the Migration Statistics Quarterly Report, February 2012.  These latest figures show that migration remained at a record level of 250,000 in the year to June 2011.  ONS said that figures published showed long-term immigration remained steady, with 593,000 coming to live in Britain during the year to June 2011.  Long-term emigration over the same period was also stable, with 393,000 people going to live abroad, giving a net migration figure of 250,000.  Study remains the most common reason for migrating to the UK at 242,000 in the year to June 2011.

The full report can be viewed here:


Border Security

John Vine, Independent Chief Inspector of the UK Border Agency, has published a report on his investigation into Border Security concluding that there was an urgent need for the introduction of a new framework for checks at the border.


The Home Secretary has responded to the report by announcing that responsibilities for conducting checks at the border will be split off from the rest of the UK Border Agency and established as a new organisation.  Its interim head will be the former Chief Constable of Wiltshire.


Application form FLR(BID) withdrawn from 29 February 2012

From 29 February, application form, FLR(BID) will be withdrawn by UKBA.

This affects those applying as: 
  • an academic visitor
  • domestic worker in a private household
  • UK ancestor
  • visitor for private medical care
  • dependent of a person with limited leave
Applicants applying in these categories should use form FLR(O) from 29 February 2012.

The FLR(O) guidance notes can be viewed here:



More immigration and settlement routes require biometric residence permits

The UK Border Agency has completed its rollout of biometric residence permits in the UK.

From 29 February 2012, all applicants from outside the European Economic Area (EEA) applying to stay in the UK for more than 6 months will have to register their fingerprints and digital facial image.  Further information for Employers on checking biometric residence permits and their security features can be viewed here: 


From 31 May 2012 UKBA will be launching a new automated online checking service allowing real-time checks on biometric residence permits, the holder's identity and their right to work.



Veristat Services


HTS applications and immigration support


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

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

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

Entrepreneur Visits

We are working with InvestUK (http://www.investukvisa.com) to provide immigration and investment support to applicants seeking leave to enter or remain as an entrepreneur under Tier 1 of the PBS.  

For further information please contact enquiries@veristat.co.uk or enquiries@investukvisa.com.  

Forgery and Document Checking

Our aim is to assist employers in understanding the documents presented to them.  We offer passport and identity card advice from ex-immigration officers who have had decades of experience dealing with passports from many different nations at the busiest ports and airports in the world. 

We also offer a wide range of training for sponsors tailored to meet your needs.  The training can be undertaken on your own premises and we will shortly be announcing a series of open seminars with prices from only GBP75 per delegate plus VAT.  

Contact us for further information on enquiries@veristat.co.uk.


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Wednesday, 1 February 2012

Immigration Notes: February 2012


Tier 4


Tier 4 Education Oversight

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

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


Tier 1 and 2

English language test results for Tier 1 and 2 applications

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

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



Tier 2 - applications moving online from 14th February 2012

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

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

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


General Immigration Matters

UK Government migration target

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

The full report can be viewed here:

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


MAC's Analysis of the Impacts of Migration

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

The full report can be viewed here:

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

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

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



Premium Service for UK Visas issued in Pakistan

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

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

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

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

Further information on this service can be viewed here:

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


Biometric Residence Permit appointments to be booked online

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

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

BRPDelivery@homeoffice.gsi.gov.uk if there is an issue with the delivery of your biometric residence permit
BRPError@homeoffice.gsi.gov.uk if there is an error on your biometric residence permit
BRPLost@homeoffice.gsi.gov.uk to report the loss or theft of your biometric residence permit
employerBRPverification@ukba.gsi.gov.uk if you are an employer or sponsor and you want to confirm that a biometric residence permit is valid

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


NIESR report on non-European economic and student migrations
·     
Research undertaken by the National Institute of Economic and Social Research found immigration has had little or no impact on levels of unemployment in the UK.

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

The full report published by NIESR can be viewed here:


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

Key amendments include:

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


Unaccompanied Children Arriving at Dover

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

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

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


Veristat Services

HTS applications and immigration support

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

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

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


Entrepreneur Visits

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


Employer's Website

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

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

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