Wednesday 7 December 2016

Immigration News: December 2016



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



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.

    

 

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.



HR Immigration 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@hrimmigration.co.uk


Audits and Inspections

HR Immigration has been providing audits/inspections of compliance for Tier 2/5 and Tier 4 for the past 6 years. We have worked with numerous employers, including well-known brands, on Tier 2/5 and "right to work" requirements. 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.

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.
- 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.

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@hrimmigration.co.uk
W: www.hrimmigration.co.uk