Wednesday, 7 December 2016

Immigration News: December 2016




Studying in the UK


Changes to the Immigration Rules - Tier 4

The government announced changes to the Immigration rules on 3rd November, which will affect any applications made on or after 24th November 2016.

Several changes are being made to Tier 4 of the points-based system, including amendments to the academic progression rule, maintenance requirements for the Doctorate Extension Scheme and evidence of overseas qualifications, UK qualifications used as evidence, as well as a series of minor and technical adjustments.
Further information can be viewed here. You can download the full statement of changes here.

Sponsoring a Tier 4 student - updated guidance

UK Visas and Immigration (UKVI) have published revised guidance to education providers on sponsoring students under Tier 4 of the points-based system.

The following changes have been made:
  • The definition of an EEA Student has been updated to clarify that, for the purposes of this guidance, students who are nationals of Iceland, Norway, Liechtenstein or Switzerland, are recognised as EEA students. 
  • The definition of a recognised body has been updated to reflect a change in ownership of the Tier 4 Postgraduate Doctor Programme.
  • The timing of when Educational Oversight bodies will accept applications has been amended.
  • Information has been added to clarify when a ban from the Register of Sponsors commences and the period that must pass before a new application for a Tier 4 licence can be made.
You can view the updated guidance here. This revised guidance is for use on or after 24th November 2016.



Croatian students

UKVI have published guidance for education providers about sponsoring Croatian nationals under Tier 4. The updated guidance can be viewed here.

  

 

Dependants of UK visa applicants (Tier 4)

UKVI have published revised guidance on the policy for applications by the family of people who have a visa under Tier 4 of the points-based system. The updated guidance can be viewed here.

 

 

Working in the UK

Changes to the Immigration Rules - Tier 2


The government announced changes to the Immigration rules on 3rd November, which will affect any applications made on or after 24th November 2016.

The following changes are being made in relation to Tier 2 of the points-based system:
  • Increasing the Tier 2 (General) threshold for experienced workers to £25,000, with some exemptions.
  • Increasing the Tier 2 (Intra-Company Transfer) salary threshold for short-term staff to £30,000.
  • Reducing the Tier 2 (Intra-Company Transfer) graduate trainee salary threshold to £23,000 and increasing the number of places to 20 per company per year.
  • Closing the Tier 2 (Intra-Company Transfer) skills transfer sub-category.
Further information can be viewed here. You can download the full statement of changes here.




Sponsorship Priority Service: Tier 2 and 5 of Points-Based System


UKVI are now offering a priority service for 'A-rated' sponsors when submitting 'Change of Circumstance' requests for the following:
  • Change of Authorising Officer
  • Adding a new Level 1 user
  • Adding or renewing the allocation of certificates of sponsorship (CoS)
The sponsor will be advised, unless further information is required, to expect consideration of their application within 5 working days if they are adding a new Level 1 user, or adding/renewing their CoS allocation.

There is a fee of £200 per change of circumstance request.

Further information can be viewed here.

https://www.gov.uk/government/publications/points-based-system-sponsor-licensing-sponsorship-priority-service
 
https://www.gov.uk/government/publications/priority-change-of-circumstances-for-sponsors/tier-2-and-5-priority-change-of-circumstance-service




Tier 2/5 sponsors - updated guidance


UKVI have published revised guidance for employers who are Tier 2 and/or 5 sponsors.

The following changes have been made:
  • Information has been added on the closure of the Tier 2 (ICT) Skills transfer sub-category and impending closure of the Short-term sub-category.
  • Information has been added to explain that the fee for a sponsor licence application is for UKVI's consideration of the application and that the fee will not be refunded if UKVI refuse the application.
  • Information has been added to specify what evidence is needed for any joint venture under the Tier 2 ICT category.
  • Information has been added to specify when a sponsor will not be allowed to add a branch to a sponsor licence.
  • Information has been added on the discretionary power to refuse applications on the basis of litigation debt.
  • Information has been added on the priority change of circumstances service for A-rated sponsors.
  • Clarification of what is required of sponsors employing non-EEA trained nurses.
  • Clarification of the employment start date, which must be given on a CoS.
  • Information has been added regarding the closure of the transitional arrangements for workers sponsored at NQF Level 3 and 4.
  • Changes have been made on the rates of pay for Tier 2 (General) and Tier 2 (ICT), which reflect Appendix A of the Immigration Rules.
  • Clarification on start dates for CoS assigned to Nurses and Midwives. 
  • A change has been made to the number of migrants a sponsor may transfer per year under Tier 2 (ICT) Graduate trainee sub-category.
  • Migrants wanting to come to the UK for skills transfer purposes must now use the visitor route or another ICT sub-category, as appropriate.
  • Clarification of the appropriate SOC codes for migrants in the sporting sector.
  • Changes have been made to reflect updates to the UK commitments to trade agreements under the Tier 5 International Agreement category.
  • Changes have been made to reflect the Immigration Rule changes on maintenance for Tier 5 migrants (takes effect on 2 January 2017).

The updated guidance can be viewed here.

https://www.gov.uk/government/publications/sponsor-a-tier-2-or-5-worker-guidance-for-employers




Restricted certificate allocations (November 2016)


The restricted certificates allocation for November 2016 published by UKVI can be viewed here. The figures show that all valid applications for restricted Certificates of Sponsorship (CoS) which scored at least 21 points were granted with carry-overs from the previous month(s). A total of 1,709 CoS were granted in November 2016. There are 2,932 CoS available for allocation in December 2016.

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

  

Croatian students

UKVI have published guidance for employers about sponsoring Croatian nationals under Tiers 2 and 5.
The updated guidance can be viewed here.

   

 

Dependants of UK visa applicants (Tiers 1, 2 & 5)

UKVI have published revised guidance on the policy for applications by the family of people who have a visa under Tiers 1, 2 and 5 of the points-based system. The updated guidance can be viewed here.

Tie 1 - updated guidance

UKVI have published guidance for those applying under Tier 1 (Eceptional Talent) and (Entrepreneur) categories of the points-based system.

The updated guidance can be downloaded at the following links:

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

 

 

General Immigration Matters

Changes to the Immigration Rules - English language requirement


The government announced changes to the Immigration rules on 3rd November, which will affect any applications made on or after 24th November 2016.

As previously announced in January 2016, a new English language requirement at level A2 of the Common European Framework of Reference for Languages (CEFRL) is being introduced for non-EEA partners and parents.

This affects those applying to extend their stay after 2.5 years in the UK on a 5-year route to settlement under Appendix FM (Family Member) of the Immigration Rules.

The new requirement applies to partners and parents whose current leave under the family immigration rules is due to expire on or after 1 May 2017.

Further information can be viewed here. You can download the full statement of changes here.




Life in the UK - applying for an exemption due to long-term physical or mental condition


UK Visas and Immigration (UKVI) have published a form for those who want to request an exemption from the Life in the UK test requirement because of a long-term physical or mental condition. This form should be completed by a qualified medical professional on behalf of applicants applying for settlement or naturalisation as a British citizen.





Veristat Services



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 under £650 regardless of the number of people attending so that the charge per person will generally be less than £100 without them having to spend the day away from the office.

We also offer an online review of employer right to work checks with a self-assessment.

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

 

 

Audits and Inspections


Veristat has been providing audits/inspections of compliance for Tier 2/5 and Tier 4 for the past 6 years. In the education sector, we have worked with schools, colleges and over 20 universities; we have also worked with numerous employers, including well-known brands, on Tier 2/5 and "right to work" requirements. We are now also operating in association with John Vine, formerly the first Independent Chief Inspector of Borders and Immigration.

Our audit/inspection service is fully flexible and can be tailored to individual requirements. And our approach is based on sound practical experience of the reality of the UKVI system.

- For education providers our service ranges from a "lite" health-check to a comprehensive review of Tier 4 activities, identifying compliance - or otherwise - with UKVI requirements, as well as any omissions or areas which can be improved. Alternatively, it can comprise inspection of a specific issue, such as visa refusals, or relationships with partner institutions.
- For employers, we offer inspections of Tier 2 compliance in whatever level of detail is required, as well as on-site inspections (which can be announced or unannounced to simulate a UKVI visit) of compliance with "right to work" checks and requirements.

Our audit/inspection service is fully flexible and can be tailored to individual requirements. And our approach is based on sound practical experience of the reality of the UKVI system.

On completion, we provide a comprehensive, evidence-based report together with an assessment of how well the institution or business is prepared to withstand scrutiny by UK Visas and Immigration. We will support the introduction of change if required and offer a 'spot check' follow up service at a later date to reassure management that recommendations have been implemented.



Contact us today for further information about any of our services or to talk over any issues or concerns you have, confidentially and without obligation.

T: +44 (0)1344 628521
E: enquiries@veristat.co.uk
W: www.veristat.co.uk



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

Wednesday, 2 November 2016

Immigration News: November 2016


Studying in the UK


Re-inspection of the handling of Tier 4 sponsor licence compliance (Chief Inspector of Borders and Immigration, July 2016)

The Chief Inspector of Borders and Immigration, David Bolt, has published his report of his findings following the re-inspection of the handling of Tier 4 sponsor licence compliance.

The key findings were as follows:
  • File sampling, onsite interviews, the revised guidance and compliance report template are used as intended for all compliance visits, and 'reporting by exception' has ceased as recommended following the previous inspection.
  • The examples set out within the guidance include an opening paragraph in the 'overall compliance summary' section of the report stating whether the sponsor is 'fully compliant' or 'non-compliant'. The guidance does not require compliance officers to follow these examples. However, it has been recommended that if the examples are to be used there needs to be a requirement for this in the guidance.
  • Management assurance of compliance reports has improved, and UKVI has taken steps to improve the quality of visits by setting managers quality targets, although the re-inspection team found there was some confusion about the required frequency of management observation of visits, which UKVI needs to clarify for managers and compliance officers.
  • The current technical solution to storage and retrieval is neither efficient nor effective, with sponsor information saved in six locations with different naming conventions and file pathways for each. UKVI is currently working towards a web-based solution.
  • The original inspection found that some compliance officers were HEOs and some EOs, with no clear justification for the difference in grade. At the time of the re-inspection in June 2016, some HEOs were still carrying out compliance visits. However, the planned restructure of the SCN should address this.
The full report can be viewed here. The Home Office response to this report can be viewed here.

Post-study work

The UK government has rejected calls for the reintroduction of a post-study work visa system for international students in Scotland.

An inquiry by the Scottish Affairs Committee concluded that removing the visa had made Scotland a less attractive destination to study. However, the UK government has rejected this, saying that other visa options were made available for former students.

Further information can be viewed here




Working in the UK


Restricted Certificate allocations (October 2016)

The restricted certificates allocation for October 2016 published by UKVI can be viewed here.

The figures show that all valid applications for restricted Certificates of Sponsorship (CoS) which scored at least 21 points were granted with carry-overs from the previous month(s).

A total of 1,701 CoS were granted in October 2016. There are 2,911 CoS available for allocation in November 2016.




Highly Skilled workers

The BBC reported that the Chancellor, Philip Hammond, indicated whilst giving evidence to MPs on the Treasurey Select Committee, that he could not see why companies should be restricted from recruiting "high level" workers. It was his view that the public wanted restrictions on migrants competing for "entry level jobs", rather than highly skilled workers.

Further information can be viewed here.

http://www.bbc.co.uk/news/business-37705852



Tier 1 (Graduate Entrepreneur) - Endorsing bodies

UKVI has updated the list of education institutions that are authorised to approve graduates applying for leave under Tier 1 (Graduate Entrepreneur).

The updated list can be viewed here.

https://www.gov.uk/government/publications/endorsing-bodies-tier-1-graduate-entrepreneur




Publication of Foreign Workers

The Home Secretary, Amber Rudd, has outlined proposals in her Conservative Party conference speech that companies could be forced to publish the number of foreign workers that they employ.

She also proposed changes that would ensure people coming to the UK for work were filling gaps in the labour market, not taking jobs that settled workers could do.

Further information can be viewed here.

http://www.personneltoday.com/hr/publish-proportion-foreign-workers-government-tells-business/




General Immigration Matters

EU Migration to and from the UK (briefing by the Migration Observatory at the University of Oxford)

The Migration Observatory at the University of Oxford has published a briefing on EU Migration to and from the UK.

The key points were as follows:
  • The population of EU born in the UK stood at just over 3.5 million in the first quarter of 2016.
  • As of the first quarter of 2016, approximately 2.2 million EU born were employed in the UK labour market.
  • In 2015, inflows of EU nationals migrating to the UK stood at 269,000, up from 264,000 in 2014. Net migration of EU citizens was estimated at 184,000 in 2015, up from 174,000 in 2014.
  • EU inflows accounted for close to 49% of total non-British inflows in 2015.
  • Half of all EU nationals coming to the UK in 2015 were nationals of countries that joined the EU in 2004 or later.
  • About 73% of EU nationals migrating to the UK came for work related reasons in 2015, followed by those who came for formal study.
  • The number of National Insurance Number (NINo) registrations for EU nationals in the second quarter of 2016 was 140,530 in total. Of those, 37% were EU14 nationals; 25% A8 nationals; and 38% were A2 and other Accession nationals.
The full briefing can be viewed here



Applications to register as a British citizen

UKVI has updated the guidance for those applying to register as a British citizen, as a person born before 1 July 2006 to a British father and whose parents were not married.

The updated guidance can be viewed here.

https://www.gov.uk/government/publications/application-to-register-as-a-british-citizen-form-ukf




Right of abode - updated guidance

The guidance for applying for a certificate of entitlement proving applicants have a right to live and work in the UK has been updated.


The revised guidance can be viewed here.

https://www.gov.uk/government/publications/application-for-certificate-showing-right-of-abode






Settle in the UK on the basis of long residence

Updated guidance has been published by UKVI on applying to settle in the UK on the basis of long residence.


The updated guidance can be viewed here. This is for use on or after 31 October 2016.

https://www.gov.uk/government/publications/application-to-settle-in-uk-form-setlr



Inspection of Border Force operations in Coventry and Langley by the Chief Inspector of Borders and Immigration

The Chief Inspector of Borders and Immigration, David Bolt, has published his report on his inspection of Border Force postal operations in Coventry and Langley.

The inspection identified certain areas for improvement and has made the following recommendations:
  • The Home Office should agree with Royal Mail Group a joint action plan to address the negative impact on working relationships of Royal Mail Group's use of agency staff.
  • Ensure that the appropriate authorisation is in place for the continued use by Border Force Postal Command of its bulk seizure policy.
  • Explore whether an alternative solution exists for storing goods that have been subject to bulk seizure that would reduce the potential health and safety risks associated with current arrangements.
  • Ensure that information and data relevant to the efficient and effective running of the Postal Hubs at Coventry and Langley, and to Border Force as a whole, is routinely captured and made available to those who need it.
  • Ensure that the flow of intelligence to frontline officers at Coventry and Langley is managed, so that officers receive (in good time) only those assessments and reports that are relevant to their work, and are encouraged to provide regular feedback.
  • Work with Police Forces, and other relevant partner agencies, to increase the number of referred detections and seizures that are adopted, investigated and, where appropriate prosecuted.
  • Ensure that Data Protection Act 1998 compliant data-sharing agreement with Royal Mail Group is in place (and regularly reviewed) and covers the information shared to assist the sifting of 'postal packets' and Royal Mail Group's handling of such information.
  • Review internal communications at Coventry and Langley and ensure that frontline officers are made fully aware of the rationale for particular Border Force priorities and targets, and of the purpose of any initiatives or pilots.

The full report can be viewed here. The Home Office response to this report can be viewed here.

http://icinspector.independent.gov.uk/wp-content/uploads/2016/10/Postal-Hubs-March-to-July-2016.pdf

https://www.gov.uk/government/publications/home-office-response-to-the-report-an-inspection-of-border-force-operations-at-coventry-and-langley-postal-hubs-march-july-2016


 


Veristat Services



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 under £650 regardless of the number of people attending so that the charge per person will generally be less than £100 without them having to spend the day away from the office.

We can also provide bespoke online training packages on request.

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

 

 

Audits and Inspections


Veristat has been providing audits/inspections of compliance for Tier 2/5 and Tier 4 for the past 6 years. In the education sector, we have worked with schools, colleges and over 20 universities; we have also worked with numerous employers, including well-known brands, on Tier 2/5 and "right to work" requirements. We are now also operating in association with John Vine, formerly the first Independent Chief Inspector of Borders and Immigration.

Our audit/inspection service is fully flexible and can be tailored to individual requirements. And our approach is based on sound practical experience of the reality of the UKVI system.

- For education providers our service ranges from a "lite" health-check to a comprehensive review of Tier 4 activities, identifying compliance - or otherwise - with UKVI requirements, as well as any omissions or areas which can be improved. Alternatively, it can comprise inspection of a specific issue, such as visa refusals, or relationships with partner institutions.
- For employers, we offer inspections of Tier 2 compliance in whatever level of detail is required, as well as on-site inspections (which can be announced or unannounced to simulate a UKVI visit) of compliance with "right to work" checks and requirements.

Our audit/inspection service is fully flexible and can be tailored to individual requirements. And our approach is based on sound practical experience of the reality of the UKVI system.

On completion, we provide a comprehensive, evidence-based report together with an assessment of how well the institution or business is prepared to withstand scrutiny by UK Visas and Immigration. We will support the introduction of change if required and offer a 'spot check' follow up service at a later date to reassure management that recommendations have been implemented.



Contact us today for further information about any of our services or to talk over any issues or concerns you have, confidentially and without obligation.

T: +44 (0)1344 628521
E: enquiries@veristat.co.uk
W: www.veristat.co.uk