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.
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.
Tier 2 - Changes to the Rules for Settlement
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.
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.
