Thursday 5 January 2017

Immigration News: January 2017


HAPPY NEW YEAR!

  

 

Working in the UK

Checking a Biometric Residence Permit


UKVI now offer an online email service to employers by which they can check a job applicant's biometric residence permit (BRP) to see if they have a right to work in the UK.

Please note that you must have permission from the person who holds the BRP before you apply.

When UKVI have completed the check, they will send a certificate to the email address you have given them. This will tell you if the biometric residence permit is valid and give you the 'right to work' status of the person.

Further information on checking a job applicant's BRP can be viewed here.





Restricted certificate allocations (December 2016)


The restricted certificates allocation for December 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 1,866 CoS were granted in December  2016. There are 2,803 CoS available for allocation in January 2017.

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

   

 

Migration Statistics Quarterly Report: Dec 2016 (Working in the UK)

The Office for National Statistics (OISC) has published its Migration Statistics Quarterly Report: Dec 2016.

The key points about working in the UK were as follows:

1. Work remains the most common reason for long-term immigration at 311,000 (the highest estimate recorded), compared with 294,000 in YE June 2015.
2. Of the 311,000 coming to the UK for work, 182,000 (59%) had a definite job to go to, and 130,000 arrived looking for work (a statistically significant increase from 107,000 the previous year).
3. There were 629,000 National Insurance Number (NINo) registrations by EU nationals and 195,000 by non-EU nationals in YE September 2016. 
4. There was an increase of 454,000 in the employed UK labour market force in July to September 2016, compared with the same quarter for the previous year - 49% can be accounted for by growth in employment for EU nationals and 4% accounted for by non-EU nationals.
5. 82,000 (43%) of EU immigrants arrived looking for work (the highest estimate recorded), a statistically significant increase of 21,000 compared with the previous year.
6. There was a 1% increase in the number of sponsored skilled worker (Tier 2) visas in YE September 2016 (94,000, including dependants). 
7. There were 164,501 work-related visas (including dependants) granted in all work categories in YE September 2016 - a drop of 2% (-3,911).
8. Indian nationals accounted for 57% of total skilled work visas granted (53,508 of 93,843), with USA nationals the next largest nationality group (9,557 or 10% of the total). 
9. The Information technology sector sponsored 42% of skilled work visa applications, followed by professional, scientific and technical activities (19%), and financial and insurance activities (12%).
The full report can be downloaded here. 

   

 

Impact assessment on tackling exploitation in the labour market

UKVI have published an impact assessment on tackling exploitation in the labour market.

The mpact assessment can be viewed here.

Right to rent document checks - updated guide

UKVI have published an updated guide for landlords and tenants on how right to rent checks should be carried out and which documents are acceptable.

The updated guide can be viewed here.


 

 





Studying in the UK


Tier 4 Guidance

UK Visas and Immigration (UKVI) has published updated guidance for how they consider applications from people applying for leave to enter or remain under Tier 4 of the points-based system.

The key changes are as follows:
  • Guidance relating to how an out-of-time application will be treated has been amended.
  • Guidance on ATAS Clearance Certificates has been updated.
  • The definition of an approved qualification has been updated to include aviation licences, ratings and certificates issued in accordance with EU legislation by the UK's Civil Aviation Authority.
  • Information on the sponsor of the postgraduate doctor and dentist foundation programme has been updated.
  • Information on an exemption to the 8-year study limit has been added.
  • Information on the law conversion course in Northern Ireland has been updated.
  • Guidance on changing courses where a student has not completed the course for which they were given permission to stay has been amended.
  • Guidance for students relying on one or more qualifications from a 'majority English speaking country' in support of their application has been obtained within the UK has been added.
  • The maintenance calculation for Tier 4 (General) students has been clarified where a course includes a part-month.
  • The maintenance requirement for Doctorate Extension Scheme (DES) applicants has been amended.
  • Guidance on considering curtailing a student's leave when their sponsor's licence is revoked, surrendered or expires and they have submitted a leave to remain application has been updated. 
  • Guidance for students participating in the Tier 4 pilot has been added as an annex.
  • Guidance for assessing the equivalency of qualifications provided by flight schools with the existing requirements within Tier 4 as an annex.
The updated guidance can be viewed here.

Migration Statistics Quarterly Report: Dec 2016 (Studying in the UK)

The Office for National Statistics (OISC) has published its Migration Statistics Quarterly Report: Dec 2016.

The key points about studying in the UK were as follows:

1. The number of people immigrating for more than 12 months to study was estimated to be 163,000 in total (including EU, non-EU and British citizens) in YE June 2016, which is a statistically significant decrease of 30,000 from 193,000 in YE June 2015.
2. IPS estimates show 22% of those arriving to study were EU citizens and 73% were non-EU citizens.
3. There was a statistically significant decrease in the number of EU citizens arriving to study, from 47,000 to 34,000.
4. The number of non-EU citizens migrating to the UK to study was estimated to be 113,000 in YE June 2016 compared with 130,000 the previous year.
5. Sponsored study visa applications (main applicants, non-EU) fell by 2% to 200,653 in YE September 2016.
6. There were 167,208 non-EU university-sponsored study visa applications in YE September 2016, which was a 1% decrease compared with previous year.
7. There were 14,825 sponsored study visa applications for the further education sector and other educational institutions in YE September 2016, which was an 8% decrease compared with the previous year.
8. There were 2,792 sponsored visa applications for English Language schools in YE September 2016, which was a 9% decrease compared with the previous year.
9. There were 13,340 sponsored visa applications for independent schools in YE September 2016, which was a 3% decrease compared with the previous year.
10. There were 86,149 visas granted to short-term students (formerly known as "student visitors"), which was a rise of 39%.
11. The top nationalities for study visas granted to non-EU students were as follows: Chinese (76,162), United States (13,710), India (10,641), Hong Kong (8,911) and Malaysia (7,735).
The full report can be downloaded here.





Short-term students

UKVI have updated their guidance for how they consider applications from short-term students for entry clearance/leave to enter.

 The updated guidance can be viewed here.





General Immigration Matters

Migration Statistics Quarterly Report: Dec 2016 (Other)
The Office for National Statistics (OISC) has published its Migration Statistics Quarterly Report: Dec 2016.

Other key points were as follows:

1. The net migration estimate for the YE June 2016 is +335,000, which is similar to the estimate of +336,000 in YE June 2015. This indicates that net migration has remained stable and is among record levels.
2. Both immigration and emigration showed small increases (not statistically significant) compared with the previous year leading to net migration being similar to the previous year.
3. The latest immigration estimate for the YE June 2016 is 650,000, compared with 639,000 in YE June 2015.
4. Immigration of EU citizens was estimated to be 284,000 (the highest estimate recorded) compared with the 265,000 the previous year.
5. In YE June 2016, of all long-term immigrants, 12% (80,000) arrived in the UK to accompany or join others.
6. 38,509 family route visas were granted in YE September 2016, an increase of 5% compared with YE September 2015 (36,524).
7. There were 41,280 asylum applications (including dependants) in YE September 2016, an increase of 14% compared with the previous year (36,360).
8. A total of 10,547 people were granted asylum or an alternative form of protection in YE September 2016, an overall grant rate of 33% at initial decision.
9. The nationalities with highest number of asylum applications in YE September 2016 were as follows: Iran (5,382; 40%), Iraq (4,017; 13%), Pakistan (3,875; 16%), Afghanistan (3,296; 35%) and Syria (2,298; 86%).
The full report can be downloaded here.




Tier 1 - updated guidance

UKVI has published updated guidance for those applying to come to the UK under the Tier 1 (Investor) and Tier 1 (Exceptional Talent) categories.





HR Immigration Services



NEW telephone number


Please note that our office telephone number has now changed to +44 (0)1344 624016.


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 624016
E: enquiries@hrimmigration.co.uk
W: www.hrimmigration.co.uk

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