Wednesday 2 March 2016

Immigration News: March 2016



Working in the UK

Right to Rent: England-wide rollout

With effect from 1 February 2016, all private landlords in England will have to check new tenants have the right to be in the UK before renting out their property.

A survey of over 1,500 landlords, carried out by the Residential Landlords Association (RLA), found that over 90 per cent of landlords have received no information from the UK government on the new legal requirement to check the immigration status of their tenants.

They also found that 72 per cent of landlords surveyed did not understand their obligations under the new 'right to rent' policy.




Landlords Right to Rent checks: guide

UK Visas and Immigration (UKVI) have updated their guidance on 'right to rent' checks for the England-wide rollout from 1 February 2016.

The updated guidance can be viewed here.

The full collection of guidance to help landlords, homeowners and letting agents carry out correct right to rent checks and avoid civil penalties can be viewed here.



Migration Statistics, Quarterly Report, February 2016 (Working in the UK)

The Office for National Statistics (ONS) has published its Migration Statistics, Quarterly Report: February 2016.

The key findings in relation to working in the UK are as follows:
  • 290,000 people immigrated for work in the YE September 2015, compared with 265,000 the previous year. Of these, 59% (170,000) had a definite job to go to.
  • Work continues to be the most commonly stated reason for immigration to the UK.
  • IPS estimates show that around 60% of immigrants arriving for work were EU citizens, 24% were non-EU citizens and 15% were British citizens.
  • 165,000 EU citizens came to the UK for work-related reasons in YE September 2015. Of these, 96,000 (58%) came for a definite job and 69,000 (42%) came looking for work.
  • 45,000 (87%) of EU2 citizens, who came to the UK in YE September 2015, came for work-related reasons, a statistically significant increase of 18,000 from YE September 2014. About two-thirds (28,000) arrived with a definite job to go to, a statistically significant increase of 17,000 from YE September 2014.
  • There were 828,000 National Insurance Number (NINo) registrations to adult overseas nationals in 2015, an increase of 60,000 (8%) on the previous year.
  • In 2015, visas granted (non-EU, main applicants) for skilled work increased by 1,920 (+4%) to 54,383, accounting for most of the 2% increase in total work visas granted (to 122,426).
  • Including dependants, there were 92,062 Tier 2 skilled work visas granted in the 2015 calendar year, up 2% (+1,365), and 44,948 Tier 5 youth mobility and temporary visas granted, also up 2% (+945).
  • There were fewer grants in the Tier 1 Investor category, which was down 76% (-2,287) following changes introduced in November 2014. 
  • There was a 3% increase in sponsored visa applications for skilled work to 56,012 in 2015 (main applicants). Most of the increase in skilled work was accounted for by the 4 largest sponsorship sectors: Information and Communication (23,741; +3%); Professional, Scientific and Technical Activities (10,642; +2%), Financial and Insurance Activities (6,810; +4%) and Human Health and Social Work Activities (3,513; +13%). The Information and Communication sector accounted for 42% of applications by skilled work sponsors.
  • Indian nationals accounted for 57% of total skilled work visas granted (52,360 of 92,062), with US nationals the next largest nationality group (10,130 or 11%).
The full report can be downloaded here.



Migrant Journey: Sixth Report (Working in the UK)

UK Visas and Immigration (UKVI) have published their sixth 'Migrant Journey' report that explores migrants' journeys through the UK's immigration system.

The key findings in relation to working in the UK are as follows:
  • About a third (30%) of people issued a skilled work visa in 2004 had gained settlement 5 years later, and a further 15% still had valid leave to remain in the UK.
  • There has been an overall rise in the proportion of people whose leave to remain in the UK had expired after 5 years, from 56% of those issued a skilled work visa in 2004 to 71% in 2008, although this decreased again to 65% in the 2009 cohort.
  • In the 2009 cohort, just 5 nationalities accounted for over two-thirds (68%) of the skilled work route. These 5 nationalities were Indian, American, Australian, Pakistani and South African. Indian nationals comprised by far the largest number of non-EEA skilled workers, at 41% of the total.
  • Under two-thirds (58%) of all those issued a skilled work visa in 2009 cohort were main applicants, and 42% were their dependants.
The full report can be downloaded here





Abuse of Migrant Workers - a top risk for businesses

A new report, published by Verisk Maplecroft, has identified the recruitment of migrants and refugees into forced labour; a lack of information on labour practices within the supply chain; and inadequate oversight of suppliers among the biggest threats to the brand reputation of global companies over the next year.

Further information can be viewed here.





Immigration by Category: briefing by The Migration Observatory (Working in the UK)

The Migration Observatory at Oxford University has published a briefing on Immigration by Category.

The key findings in relation to working in the UK are as follows:
  • Work has been the most common reason for migration to the UK.
  • The work category decreased during the economic crisis, from 242,000 in 2007 to 184,000 in 2012. In 2013 and 2014, migration for work increased again to 214,000 and 278,000 respectively.
The full briefing can be viewed here.





New Immigration and Nationality fees (Working in the UK)

UKVI has published new application and service fees for 2016 to 2017. The main changes in relation to working in the UK are as follows:
  • There will be a 2% increase for all work visas.
  • Fees for all sponsorship categories will be held at the current rates.
The fees tables can be viewed here.





Biometric Residence Permits - updated guidance (Working in the UK)

UKVI has updated their guidance for applicants and sponsors about biometric residence permits.

The revised guidance can be viewed here.




Restricted certificate allocations (February 2016)

The restricted certificates allocation for February 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) indicating that more applications with lower salary levels had been successful than in recent months. There are 2,329 CoS available for allocation in March 2016.




Approved English Language tests (Working in the UK)

UKVI has updated their list of tests and test centres that are approved for showing that applicants have the required level of English for their visa.

The revised list can be viewed here.




Education


Migration Statistics, Quarterly Report, February 2016 (Studying in the UK)

The Office for National Statistics (ONS) has published its Migration Statistics, Quarterly Report: February 2016.

The key findings in relation to studying in the UK are as follows:
  • Long-term immigration for study was estimated to be 174,000 in YE September 2015, compared with 190,000 in YE September 2014.
  • The total number of applications for study visas (excluding short-term students) fell by 5% to 239,564 for YE September 2015.
  • Non-EU applications to study at a UK university (main applicants) fell slightly by 2% to 168,221 in the same period.
  • 210,348 visas were granted for the purpose of study in 2015, excluding the short-term student category, a fall of 4% compared with 2014.
  • The top 5 nationalities (Chinese, American, Indian, Malaysian and Nigerian) accounted for 55% of the study visas granted in 2015, with the largest number granted for Chinese nationals (70,754; 34% of the total).
  • The largest absolute increases in study visas granted were to Chinese (+6,153; +10%) and Egyptian (+336; +26%) nationals.
  • The largest absolute decreases in study visas granted were to Libyan (-2,442; -66%), Iraqi (-2,384; -68%) and Brazilian (-1,925; -45%) nationals.
  • Total number of study-related sponsored visa applications (main applicants) fell by 3% in 2015 (201,763) compared with 2014 (208,423).
  • In 2015, visa applications to study at a UK university (main applicants) fell by 1% to 166,366 but there was a 7% increase for Russell Group universities to 75,634.
  • In 2015, there were also falls for the further education sector (to 15,982; -17%), English language schools (to 2,930; -13%) and the independent schools' sector (to 13,675; -3%).
  • There were 279,000 "short-term student" admissions in 2014. 73,607 of these were granted a "short-term student" visa, as they were visa nationals.
The full report can be downloaded here.




Migrant Journey: Sixth Report (Studying in the UK)

UK Visas and Immigration (UKVI) have published their sixth 'Migrant Journey' report that explores migrants' journeys through the UK's immigration system.

The key findings in relation to studying in the UK are as follows:
  • A large majority (76%) of migrants issued a study visa in 2004 no longer had valid leave to remain in the UK 5 years later.
  • The number of migrants gaining settlement 5 years after entering on a study visa declined over the same period.
  • For those 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.
  • For those arriving in 2009, only 17% had valid leave to remain in the UK or had obtained settlement in 2014.
  • Of the people issued a study visa in 2009, 50% had expired leave to remain in the UK after just 2 years, which reflects the fact that many people on student visas come to the UK to study short courses.
  • In the 2009 cohort, 5 nationalities accounted for half (50%) of the people who entered the UK visa the study route. These were Indian, Chinese, Bangladeshi, American and Saudi Arabian.
  • Almost a third (31%) of Bangladeshi students had valid leave to remain in the UK or had obtained settlement after 5 years.
The full report can be downloaded here


LSBF - sponsor licence revoked

The London School of Business and Finance (LSBF) has had its permission to recruit and teach non-EU students revoked, as the college's refusal rate was greater than 10% in any 12-month period.

http://www.bbc.co.uk/news/education-35472768

Universities' use of recruitment agents under scrutiny

Times Higher Education have reported that the universities' use of recruitment agents is under scrutiny and that the government is considering regulation that would further hamper enrolment of international students.

It reports that the Department of Business, Innovation and Skills has approached sector agencies in recent weeks for assessments of standards in this area and, it is thought, potential controls could be introduced.

Further information can be viewed here.

Post-study Work

Holyrood Committee has backed calls for the reintroduction of post-study work visas for international students in Scotland.

MSPs on the Devolution Committee have argued that the UK government's policy was "seriously restricting" the ability of universities and colleges to attract overseas students.

http://www.scotsman.com/news/education/msps-urge-return-of-work-visas-for-international-students-1-4029401

http://thepienews.com/news/universities-scotland-cost-of-psw-loss-250m/



Immigration by Category: briefing by The Migration Observatory (Studying in the UK)

The Migration Observatory at Oxford University has published a briefing on Immigration by Category.

The key findings in relation to studying in the UK are as follows:
  • Migration for formal study increased from 87,000 (18% of total arrivals) in 2001 and peaked at 238,000 in 2010.
  • Migration for formal study fell to 177,000 (34%) in 2013, and although it increased in 2014 to 191,000 it has remained below the 2010 peak.
The full briefing can be viewed here.





Biometric Residence Permits - updated guidance (Studying in the UK)

UKVI has updated their guidance for applicants and sponsors about biometric residence permits.

The revised guidance can be viewed here.





New Immigration and Nationality fees (Studying in the UK)

UKVI has published new application and service fees for 2016 to 2017. The main changes in relation to studying in the UK are as follows:
  • There will be a 2% increase for all study visas.
  • Fees for all sponsorship categories will be held at the current rates.
The fees tables can be viewed here.






Approved English Language tests (Studying in the UK)

UKVI has updated their list of tests and test centres that are approved for showing that applicants have the required level of English for their visa.

The revised list can be viewed here.

https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests




General Immigration Matters


Migration Statistics, Quarterly Report, February 2016 (Other)

The Office for National Statistics (ONS) has published its Migration Statistics, Quarterly Report: February 2016.

Other key findings are as follows:
  • Net-long term international migration was estimated at 323,000 for YE September 2015, an increase of 31,000 compared with YE September 2014.
  • Immigration was estimated at 617,000 for the YE September 2015, an increase of 2,000, from the previous period.
  • Emigration was estimated at 294,000, a decrease of 29,000, from the previous period.
  • The estimate of immigration for EU citizens was 257,000, compared with 246,000 in YE September 2014. Whilst this was not statistically significant, there was a statistically significant increase in immigration of EU2 citizens to 55,000 in YE September 2015 (+15,000). However, immigration of non-EU citizens decreased from 289,0000 to 273,000 (not statistically significant).
  • In YE September 2015, 77,000 long-term migrants arrived in the UK to accompany or join others, a decrease of 11,000 from previous period (not statistically significant).
  • There were 38,878 asylum applications (including dependants) in YE December 2015, an increase of 20% compared with the previous year (32,344). This is the fifth successive year in which asylum applications have risen, although the number of asylum applications is low relative to the peak in 2002 (103,081).
  • The largest number of asylum applications, including dependants, came from nationals of Eritrea (3,756; +465), followed by Iran (3,694; +1,195), Pakistan (3,254; -722), Sudan (3,014; +1,399) and Syria (2,846; +493).
  • An additional 1,194 Syrian nationals were granted humanitarian protection under the Syrian Vulnerable Persons Resettlement Scheme.
  • The number of people granted permission to stay permanently in the UK (settlement) fell by 14% to 89,932 in YE December 2015.
The full report can be downloaded here.





Migrant Journey: Sixth Report (Other)

UK Visas and Immigration (UKVI) have published their sixth 'Migrant Journey' report that explores migrants' journeys through the UK's immigration system.

Other key findings were as follows:
  • Around three-quarters of people (77%; 28,704) issued a family visa in the 2009 cohort had been granted settlement 5 years later, with a further 4% recorded as still having valid leave to remain in the UK.
  • The proportion of family visa holders remaining in the UK legally 5 years after arrival has risen in each successive cohort between 2004 and 2008, while the 2009 figure is the same as that for the 2008 arrivals.
  • Of the top 5 nationalities issued a family visa in the 2009 cohort, Americans (63%) and Somalis (62%) were the least likely to have been granted settlement within 5 years, whereas Bangladeshi (92%), Pakistani (86%) and Indian nationals (84%) were most likely.
The full report can be downloaded here




Minimum Income Threshold

A legal challenge has commenced in the supreme court by families of UK citizens who have been denied the right to live in Britain because of the minimum income visa requirement for non-EU partners.

Further information can be viewed here.

http://www.theguardian.com/uk-news/2016/feb/21/families-challenge-minimum-income-visa-rules-supreme-court-non-eu-partner




Immigration Health Surcharge: extends for New Zealand and Australian nationals

From 6 April 2016, Australian and New Zealand nationals who want to come to the UK for more than 6 months will be required to pay the immigration health surcharge as part of their application.




New Immigration and Nationality fees (Other)

UKVI has published new application and service fees for 2016 to 2017.

Other key changes were as follows:
  • There will be a 2% increase applied to all visit visas.
  • An increase of up to 25% will be applied to settlement, residence and nationality fees.
  • An increase of up to 33% will be applied for optional premium services offered by the Home Office, such as the super premium service and priority visa services overseas.
  • Fees for all sponsorship categories will be held at the current rates.
The fees tables can be viewed here.





Immigration by Category: briefing by The Migration Observatory (Other)

The Migration Observatory at Oxford University has published a briefing on Immigration by Category.

Other key findings were as follows:
  • Family migration has fluctuated but changed little overall, with a similar number of people coming to 'accompany or join' family members in 2014 (89,000) as in 1991 (90,000).
  • The proportion of family migrants fell from 27% of total inward migration in 1991 to 14% in 2014, which is mostly due to increases in other categories.
  • Asylum was the smallest of the four main categories of migrating in 2014, with 26,000 people or 4% of total inward migration.
The full briefing can be viewed here.





Approved English Language tests (Other)

UKVI has updated their list of tests and test centres that are approved for showing that applicants have the required level of English for their visa.

The revised list can be viewed here.






Biometric Residence Permits - updated guidance (Other)

UKVI has updated their guidance for applicants and sponsors about biometric residence permits.

The revised guidance can be viewed here.

https://www.gov.uk/government/publications/biometric-residence-permits-applicant-and-sponsor-information





Syrian nationals - extending their visa

UKVI has updated their guidance on how Syrian nationals in the UK can extend their visa based on the concessions to the Immigration Rules.

The updated guidance can be viewed here.


HR Immigration Services



Audits and Inspections


HR Immigration has been providing audits/inspections of compliance for Tier 2/5 for the past 6 years. We have worked with numerous employers, including well-known brands, on Tier 2/5 and "right to work" 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.

- 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 to talk over any issues or concerns you have, confidentially and without obligation.
T: +44 (0) 12 763 6011
E: enquiries@hrimmigration.co.uk
W: www.hrimmigration.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 under £600 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@hrimmigration.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


Support for migrant projects


Veristat is supporting MIGFUNDER, a crowdfunding platform dedicated solely to migration, refugee and human rights projects worldwode. Please see www.migfunder.com and share with your colleagues and networks.