Tuesday, 7 April 2015

Immigration News - April 2015

Education


Abolishment of HTS/A rated status for Tier 4 Sponsors

UK Visas and Immigration (UKVI) have announced that they are abolishing Highly Trusted Sponsor status which is sensible given that the term has little added value given that after a year all sponsors must be "highly trusted".

The terms 'Highly Trusted Sponsor' and 'A-rated' will no longer be used to denote UK education institution's eligibility to sponsor Tier 4 visas from 6 April 2015. Instead, sponsors granted a licence in Tier 4 can hold either 'Probationary Sponsor' status or 'Tier 4 Sponsor' status.

In view of this, they have revised their guidance for educators on applying for or renewing a Tier 4 sponsor licence. The following key changes have been made to the guidance:

  • The requirement for prospective sponsors to have a teaching track record has been extended from one year to two years. The teaching track record must include teaching a Tier 4 course to UK, EEA or Swiss nationals for the two years prior to an application for Educational Oversight.
  • More detailed information has been added for providers subject to statutory education inspection, and those required to apply for a Tier 4 Educational Oversight inspection.
  • A provision has been included to make it clear that Educational Oversight bodies can fail a private provider if it is not a credible institution or the Educational Oversight body has doubts about the evidence provided by it during an Educational Oversight inspection.
  • Introduction of minimum required ratings for providers subject to a statutory education inspection.
  • Failing to meet a required rating will mean that a private provider cannot re-apply for a Tier 4 Educational Oversight inspection for two years.
  • A new section on applying for a CAS allocation has been added. This clarifies the existing policy and prevents in-year requests by a Probationary Sponsor.
  • UKVI have added that they will refuse an application if the provider has previously held a Tier 4 licence where that licence was revoked within the last two years.
  • UKVI have also added that they will refuse an application if the provider has not declared that one or more of its Key Personnel or individuals involved in the day-to-day running of the organisations or any of its sites, has been named as Key Personnel at an institution whose Tier 4 licence has been revoked within the last two years.

You can download the new guidance here.




Buckinghamshire New University: sponsor licence

On 9 March 2015, the sponsor licence held by Buckinghamshire New University was suspended because its application to renew the highly trusted sponsor status was refused. The suspension took immediate effect and the university was removed from the Tier 4 and Tier 2 sponsor registers. The University was given the usual 20 working days to make representations.

Further information and guidance can be viewed here.


Working in the UK



Closure of Tier 1 (General) route

With effect from 6 April 2015, the Tier 1 (General) category will close and applications to extend leave will no longer be accepted. Applicants who are currently in the UK and who wish to extend their stay must submit an application on or before 5 April 2015.

The updated Tier 1 (General) policy guidance can be viewed here.

https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-1-general


Recent migrant workers in the UK labour market

The Migration Observatory at the University of Oxford has published a report on recent migrant workers (RMW) in the UK labour market.

They examined data from the UK Labour Force Survey to analyse RMWs in 2009 and 2014 to identify how this has changed during the last five years.

 The key findings were as follows:
  • There were less RMWs in the workforce in 2014 compared with 2009 - a drop of over 100,000 since 2009. 
  • The number of RMWs from countries that joined the EU before 2004 has increased. As this group is strongly concentrated in highly skilled work, the increase partially offsets declines in the number of non-EU workers and Eastern European workers doing these jobs. 
  • RMWs from Eastern Europe countries that joined the EU in 2004 (EU-8 countries) are more likely to be working in low skilled jobs, although the total number doing this work has declined. 
The full commentary can be viewed here.




Updated Modernised Guidance: Points-Based System

UKVI have updated their modernised guidance in relation to Tiers 1 and 2 of the Points-Based System. The revised modernised guidance can be downloaded from the below links:




Tier 2 policy guidance - updated

Revisions have been made by UKVI to the Tier 2 policy guidance for use on or after 2nd March 2015. The updated Tier 2 policy guidance can be viewed here.

https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-2-worker




Restricted certificate allocations (March 2015)

The restricted certificates allocation for March 2015 published by UKVI can be viewed here. The figures show that all valid applications for restricted COS which score the minimum 32 points continue to be granted with carry-overs from the previous month(s).

https://www.gov.uk/government/publications/employer-sponsorship-restricted-certificate-allocations





General Immigration Matters


Introduction of migrant health surcharge

The provision for recovering NHS costs from migrants, outlined in the Immigration Act 2014, is to be implemented with effect from 6 April 2015.

From this date, nationals coming to the UK from outside the EEA for longer than six months will be required to pay a 'health surcharge' when they make their immigration application. This surcharge will also need to be paid by non-EEA nationals already in the UK who are applying to extend their stay.

Further information can be viewed here.



Non-compliance with the biometric registration regulations

A new draft version of the code of practice about the sanctions for non-compliance with the biometric registration regulations laid in Parliament on 3 March 2015, which will replace the original version issued in 2008 once it has been approved.

The draft code of practice can be viewed here.




Curtailment of Leave

UKVI have made revisions to their modernised guidance for how they consider curtailing a migrant's leave in the UK.

The revised guidance can be viewed here.




    Naturalisation as a British Citizen: report by Migration Observatory

    The Migration Observatory at the University of Oxford has published a report about how many foreign citizens acquire British citizenship, their demographic characteristics, and the various bases for their grants of British citizenship.

    The key findings of this report were as follows:

    • In 2014, just less than 125,800 foreign nationals were naturalised as British citizens. This was the lowest number since 2002, following a period of higher recorded naturalisations from 2009 to 2013.
    • 5% of citizenship applications were rejected in 2014. The majority of naturalisation refusals since 2002 have been due to failure to meet either the residence or the 'good character' requirements. English language requirements and the Life in the UK test were only responsible for a small percentage of rejected naturalisation applications.
    • 50% of naturalisation applications in 2014 were from foreign nationals who have lived in the UK for the required five years, plus one additional year as a settled resident. The remaining half is split between spouses and civil partners of British citizens and minor children registering as citizens.
    • The largest groups of newly naturalised UK citizens in 2013 had prior citizenship from India (17% of the 2013 total), Pakistan (10%), the Philippines (5%) and Nigeria, Bangladesh, Nepal and China (4% each).
    The full report can be viewed here.

    British citizenship: children of British citizen fathers

    UK Visas and Immigration (UKVI) have published updated guidance of Section 65 of the Immigration Act 2014 concerning children of British citizen fathers.

    Section 65 will be commenced on 6 April 2015 and will insert new registration provisions into the British Nationality Act 1981 for persons born before 1 July 2016.

    Further information about Section 65 and the new provisions can be viewed here.





    Guidance for Syrian nationals in the UK on how to extend their visa

    UKVI have updated their guidance on how Syrian nationals in the UK can extend their visa based on the concessions to the Immigration Rules. The revised guidance can be viewed here.





    General grounds of refusal - updated guidance

    UKVI have updated and republished their modernised guidance on general grounds for refusal, which is valid from 25 March 2015. The revised guidance can be downloaded here.
    Veristat Services



    Compliance checks and reducing visa refusals


    Veristat's HTS Health Check is a one or two day objective, external review covering key areas likely to arise during a Home Office visit together with examples of good practice drawn from over 5 years' experience of conducting compliance audits for schools, colleges and universities.

    For further information please contact don@veristat.co.uk


    Training for employers


    We are increasingly being asked to provide training on Right to Work and/or Tier 2 sponsor duties.

    These are normally half day courses conducted on your premises for a standard charge of £500 plus VAT regardless of the number of people attending. If you think your organisation would benefit from training in either or both of these areas, please contact us for a no commitment discussion of your requirements by telephone on 0844 335 1619 or by email at enquiries@veristat.co.uk


    Online Right to Work Learning and Assessment


    We have also now set up an online review of employer right to work checks with a self-assessment. The package is priced at £39 plus VAT and provides a comprehensive introduction to UKVI's requirements for checking employees' right to work and 20 randomly selected questions from a bank of over 100 to enable you to test your learning. It is suitable for both small and large employers, with reductions for higher numbers of users and the potential to incorporate onto your own online learning platform.

    Contact helen@veristat.co.uk or call 0844 335 1619 for further information.


    LinkedIn 'HR Immigration' Group


    We have set up a 'HR Immigration' group on LinkedIn, which aims to provide a networking space for UK employers and HR/recruitment professionals to share and discuss news and best practice about current UK immigration issues.

    To join this group please go to http://www.linkedin.com/groups?gid=6537658

    Posted by at

    Wednesday, 4 March 2015

    Immigration News - March 2015

    Education


    New Tier 4 Inspection Package with John Vine

    We are pleased to announce that John Vine, former Chief Inspector of Immigration and Border Control has recently joined Veristat as an Associate and will be working with us on the development and implementation of a new package for Tier 4 inspections.

    John, who was first appointed by the Home Secretary in 2008, created a new regulatory body from inception and has inspected the efficiency and effectiveness of every aspect of Immigration and Border Control in the UK. He stepped down from this role on 31st December last year after six and a half years in post.

    He has published over 70 reports and made over 500 recommendations for improvement including the ‘Vine’ report on Border Control which was laid before Parliament in 2012 and led to the creation of a new robust standard of Border Control at airports and seaports throughout the UK. He also examined processes and customer service provided to those wishing to migrate or settle in the UK, and as entry clearance monitor, inspected the quality of decisions to grant or refuse foreign nationals the right to enter the UK for work, study or to visit.

    His reports are high profile and have attracted considerable media attention, leading to considerable improvement and change in this field including the creation of Border Force in 2012 and the break-up of the Border Agency the following year. John regularly appears before the Home Affairs Select Committee and speaks at a broad range of events and institutions.

    We look forward to working with John and will be circulating details of the new package shortly. If you would like to be among the first to receive information on the new inspections package please contact don@veristat.co.uk.


    Migration Statistics Quarterly Report, February 2015 (Studying in the UK)

    The Office for National Statistics (ONS) has published their Migration Statistics Quarterly Report.

     Net long-term migration to the UK was estimated to be 298,000 in the year ending September 2014, a statistically significant increase from 210,000 in the previous 12 months. However, this is still below the peak of 320,000 in the year ending June 2005.

     The key points in relation to studying in the UK are as follows:
    • Immigration for study increased from 175,000 to 192,000 in the year ending September 2014, but this change was not statistically significant.
    • Over the same period, visa applications to study at a UK university (main applicants) rose by 2% to 171,065.
    • There were 220,116 study visas granted (excluding student visitors) in 2014, a rise of 0.7%.
    • There were large increases in the number of study visas granted (excluding student visitors) for Chinese (+2,070, +3%) and Saudi Arabian (+1,084 or +12%) nationals, but falls in Indian (-999, -7%) and Nigerian (-1,521, -13%) nationals.
    • The number of study-related sponsored visa applications (main applicants) overall fell 1% in 2014 (208,427) compared with 2013 (210,099). 
    • There was a slight rise in sponsored visa applications for the university sector (+0.3% to 168,565) and independent schools (+3% to 14,035). However, there were falls in the further education sector (to 19,365, down 10%) and English language schools (-5% to 3,351).
    You can download the full report here. 

     http://www.ons.gov.uk/ons/rel/migration1/migration-statistics-quarterly-report/february-2015/stb-msqr-feb-2015.html



    Migrant journey: fifth report (Studying in the UK)

    UK Visas and Immigration (UKVI) have published their fifth ‘Migrant Journey’ report. This publication provides evidence on the behaviour of migrants entering the UK immigration system for the 6 main routes of entry to the UK and the common pathways through the immigration system that result in settlement.

    The key points in relation to studying in the UK are as follows:
    • Migrants granted student visas (not leading to settlement) were less likely to have achieved settlement or have valid leave to remain after 5 years (16%). Only 1% of these had achieved settlement within the 5-year timeframe.
    • The large majority (76%) of migrants issued a study visa in 2004 no longer had valid leave to remain 5 years later.
    • For people issued a study visa in 2004, only 3% had gained settlement 5 years later, and a further 21% still had valid leave to stay in the UK, either as students or in another route.
    • Of the people issued a study visa in 2008, 55% had expired leave after just 2 years, reflecting the fact that many people on student visas will come to study shorter courses, and not just a longer degree.
    You can view the full report here. 





    Working in the UK

    Migration Statistics Quarterly Report, February 2015 (Working in the UK)

    The Office for National Statistics (ONS) has published their Migration Statistics Quarterly Report. Net long-term migration to the UK was estimated to be 298,000 in the year ending September 2014, a statistically significant increase from 210,000 in the previous 12 months. However, this is still below the peak of 320,000 in the year ending June 2005.

    The key points in relation to working in the UK are as follows:
    • The most commonly stated reason for immigration to the UK is work.
    • In the year ending September 2014, work-related visas granted (main applicants) increased by 8% (+8,833) to 115,680, largely reflecting a 14% increase (+6,142) for skilled work.
    • Latest employment statistics show estimated employment of EU nationals (excluding British) living in the UK was 269,000 higher in October to December 2014, compared with the previous year. Whilst, non-EU nationals in employment fell by 29,000 for the same period.
    • National Insurance number (NINo) registrations to adult overseas nationals increased by 24% to 768,000 in the year ending December 2014, compared with the previous year.
    • Most of the work visa applications were for the Information and Communication (23,151); Professional, Scientific and Technical Activities (10,439); and the Financial and Insurance Activities (6,529) sectors.
    • 56% of the sponsored skilled workers for this period were from Indian nationals and a further 12% were USA nationals.
    • 27,000 Romanian and Bulgarian (EU2) citizens came to the UK for work in the year ending September 2014 – an increase of 10,000 on year ending September 2014, although not statistically significant.


    Migrant journey: fifth report (Working in the UK)

    UK Visas and Immigration (UKVI) have published their fifth ‘Migrant Journey’ report. This publication provides evidence on the behaviour of migrants entering the UK immigration system for the 6 main routes of entry to the UK and the common pathways through the immigration system that result in settlement.

    The key points in relation to working in the UK are as follows:
    • 20% (18,359) of those issued skilled work visas (with a potential path to settlement) in the 2008 cohort had been granted settlement 5 years later and a further 8% (6,912) still had valid leave to remain.
    • Indian nationals were issued the largest proportion (39%) of skilled work visas in the 2008 cohort and, of these skilled Indian nationals, 19% had received settlement after 5 years, while a further 7% still had valid leave to remain.
    • Of the top 5 nationalities issued skilled work visas in the 2008 cohort, American and Australian nationals on work visas were less likely to have settled after 5 years (13%) whereas Chinese nationals were more likely to have settled (38% of Chinese skilled workers had reached settlement by 2013).
    • Migrants granted work visas (not leading to settlement), were less likely to have either achieved settlement or have valid leave to remain after 5 years (6%). Only 2% of these had achieved settlement within the 5-year timeframe.
    • Of those granted settlement in the 2013 cohort, almost half had originally been issued a family or skilled work visa, which could potentially lead to settlement and 14% were granted settlement on arrival.


    Turkish ECAA business guidance

    UKVI have published revised modernised guidance on how they decide applications from self-employed Turkish businesspersons who wish to apply for an extension of stay in the UK to establish themselves in business or continue to operate their business under the Turkish EC Association Agreement.

    The paragraph on ‘requests for further information’ in relation to evidence to assess an applicant has met the requirements of the Turkish ECAA has been updated, along with a few other minor housekeeping changes.

    The revised guidance can be viewed here.



    Restricted certificate allocations (February 2015)

    The restricted certificates allocation for February 2015 published by UKVI can be viewed here. The figures show that all valid applications for restricted COS which score the minimum 32 points continue to be granted with carry-overs from the previous month(s).





    General Immigration Matters


    Migration Statistics Quarterly Report, February 2015 (Other Immigration Matters)

    The Office for National Statistics (ONS) has published their Migration Statistics Quarterly Report.
    Net long-term migration to the UK was estimated to be 298,000 in the year ending September 2014, statistically significant increase from 210,000 in the previous 12 months. However, this is still below the peak of 320,000 in the year ending June 2005.

    The key points in relation to other immigration matters are as follows:
    • 624,000 people immigrated to the UK in the year ending September 2014, a significant increase from 530,000 in the previous 12 months.
    • There were statistically significant increases for immigration of non-EU citizens (+49,000 to 292,000) and EU (non-British) citizens (+43,000 to 251,000).
    • Immigration of British citizens increased by 4,000 to 82,000, although this was not statistically significant.
    • The number of people emigrating from the UK remained stable with 327,000 emigrating in the year ending September 2014.
    • There was a statistically significant increase (+24,000 to 90,000) in the number of immigrants arriving to accompany or join others in the year ending September 2014.
    • There was a 6% increase in asylum applications (24,914) in 2014, compared with 2013 (23,584). However, this remained a low relative compared to the peak of 84,132 in 2002. The largest number of asylum applications in 2014 came from Eritrea (3,239), Pakistan (2,711), Syria (2,081), and Iran (2,011).


    Migrant journey: fifth report (Other Immigration Matters)

    UK Visas and Immigration (UKVI) have published their fifth ‘Migrant Journey’ report. This publication provides evidence on the behaviour of migrants entering the UK immigration system for the 6 main routes of entry to the UK and the common pathways through the immigration system that result in settlement.

    The key points in relation to other immigration matters are as follows:
    • More than three-quarters of people (77%, 32,607) issued family visas in the 2008 cohort had been granted settlement 5 years later with a further 4% still having valid leave to remain.
    • Of the top 5 nationalities issued family visas in the 2008 cohort, Somalis were the least likely to have settled after 5 years (43%) and Bangladeshi (93%), Pakistani (88%) and Indian nationals (87%) were the most likely.
    • Migrants granted family visas in the 2008 cohort (81%) were more likely to achieve either settlement or have valid leave to remain after 5 years compared to earlier cohorts (68% in the 2004 cohort).
    • Of those granted settlement in the 2013 cohort, almost half had originally been issued a family or skilled work visa, which could potentially lead to settlement and 14% were granted settlement on arrival.

    Derivative rights of residence

    UKVI have published revised guidance on the derivative rights of residence under the Immigration (European Economic Area) Regulations 2006. 

    The revised ‘derivative rights of residence’ guidance can be viewed here.



    Family members of EEA nationals who have retained the right of residence

    UKVI have published revised guidance outlining how they consider an application for a document confirming a right of residence where a family member of an EEA national has retained a right of residence in the UK. 

    The revised guidance can be viewed here.


    Immigration Act: deportation of foreign criminals

    New powers introduced in the recent Immigration Act 2014 to crack down on the misuse of appeals by criminals to delay their removal from the UK have led to 300 being removed and nearly 500 more going through the system.

    The new Act has reduced the number of appeals available to foreign criminals from 17 to 4.
    Policy guidance on the appeals process from the Immigration Act 2014 can be viewed here.
    Further information can be read here.


    New appointment: Independent Chief Inspector of Borders and Immigration 

    The Home Secretary has appointed David Bolt as the new Independent Chief Inspector of Borders and Immigration.

    John Vine stepped down from this role on 31st December 2014.

    Further information can be read here.





    Veristat Services


    Compliance checks and reducing visa refusals

    Veristat HTS Health Check is a one or two day objective, external review covering key areas likely to arise during a Home Office visit together with examples of good practice drawn from over 5 years’ experience of conducting compliance audits for schools, colleges and universities.
    For further information contact don@veristat.co.uk.


    Training for employers

    We are increasingly being asked to provide training on Right to Work and/or Tier 2 sponsor duties. These are normally half day courses conducted on your premises for a standard charge of £400 plus VAT and travel costs, regardless of the number of people attending. 

    If you think your organisation would benefit from training in either or both of these areas, please contact us for a no commitment discussion of your requirements at enquiries@veristat.co.uk


    Online Right to Work Learning and Assessment

    We have recently set up an online review of employer right to work checks with a self-assessment.  The package is priced at £39 plus VAT and provides a comprehensive introduction to UKVI’s requirements for checking employees’ right to work and 20 randomly selected questions from a bank of over 100 to enable you to test your learning. It is suitable for both small and large employers, with reductions for higher numbers of users and the potential to incorporate onto your own online leaning platform. 

    Contact Helen Stewart-Mills by email at helen@veristat.co.uk or call 0844 335 1619 for further information.


    LinkedIn ‘HR Immigration’ Group

    We have set up a ‘HR Immigration’ group on LinkedIn, which aims to provide a networking space for UK employers and HR/recruitment professionals to share and discuss news and best practice about current UK immigration issues.

    To join this group please go to http://www.linkedin.com/groups?gid=6537658
    Posted by at
    Subscribe to: Posts (Atom)