Wednesday 8 February 2017

Immigration News: February 2017




Working in the UK


Annual renewal of CoS allocation

Sponsors are reminded that if they are required to manually renew their follow-on allocation of Certificates of Sponsorship (CoS) that they must do so before the end of March.

However, if your follow-on CoS allocation is automated, you will automatically be granted a new allocation equal to the number of CoS assigned in that category during the previous allocation year.

To establish if your allocation will be renewed automatically, please log in to the Sponsor Management System (SMS) and select 'Licence summary, applications and services', then 'Request renewal of annual CoS/CAS allocations'. You will then see on the screen whether your allocations are renewed automatically. However, if the screen does not say 'automatic renewal', you will need to manually apply to renew your CoS allocation before the end of March.

If you need any support with doing this, please contact us by telephone on 01344 624016 or by email at enquiries@veristat.co.uk

 

Partial review of the Shortage Occupation (review by the Migration Advisory Committee)

The Migration Advisory Committee (MAC) has published its findings on their review of the labour market for teachers (including nursery, primary, secondary, and special needs education) to determine whether there is a shortage, which would be sensible to fill in part via non-EEA migration.

The key points were as follows:
  • There was no evidence or data found to conclude there was an occupation-wide shortage of teachers across all or any of the three SOC codes that were reviewed (SOC code 2314 Secondary education teaching professionals, SOC code 2315 Primary and nursery education teaching professionals, or SOC code 2315 Special needs education teaching professionals).
  • Secondary school teachers in maths, physics and chemistry are currently included on the Shortage Occupation List (SOL). However, this review could not find sufficient evidence of a shortage of chemistry teachers.
  • They found there was a shortage of teachers in computer science, Mandarin and general science.
  • They did not find sufficient evidence of a shortage of primary and nursery teachers, nor of teachers in special schools.
  • There was not a significant number of migrant teachers coming to the UK from outside the EEA via the Tier 2 route, whether using the SOL or by a Resident Labour Market Test (RLMT).
  • They received evidence suggesting that more teachers were coming via the Tier 5 (Youth Mobility Scheme) route, rather than via Tier 2.
The MAC have made the following recommendations:
  • The following jobs in SOC code 2314 (Secondary education teaching professionals) should be retained on the SOL: secondary education teachers in the subjects of maths and physics.
  • The following jobs in SOC code 2314 (Secondary education teaching professionals) should be added to the SOL: secondary education teachers in the subjects of computer science, Mandarin and science.
  • Secondary education teachers in the subject of chemistry (under SOC code 2314 Secondary education teaching professionals) should be removed from the SOL.
The full report can be viewed here.

 

Migrants in the UK Labour Market (briefing by The Migration Observatory)

The Migration Observatory at the University of Oxford has published a briefing on migrants in the UK Labour Market.

The key points were as follows:
  • The number of foreign-born people of working age in the UK increase from nearly 3 million in 1993 to 7 million in 2015.
  • The share of foreign-born people in total employment increased from 7.2% in 1993 to 16.7% in 2015. The share of foreigh-citizens in total employment increased from 3.5% in 1993 to 10.7% in 2015.
  • In comparison to the early 2000s, the presence of foreign-born workers has grown fastest in relatively low-skilled sectors and occupations. The increase of foreign-born workers was fastest among process operators (e.g. transport drivers; food, drink and tobacco process operators), which increased from 8.5% in 2002 to 36.0% in 2015.
  • In 2015, 36% of all foreign-born workers working as employees, and 45% of self-employed foreign-born workers, lived in London.
The full report can be viewed here.




Criminal Record Certificates

From 6 April 2017, those people applying to come to the UK for employment under certain SOC codes, and their adult dependants, will be subject to the requirement under Paragraph 320(2A) of the Immigration Rules to produce a criminal record certificate from any country in which they have been resident for 12 months or more, consecutively or cumulatively, in the previous 10 years.

Sponsors should start informing prospective employees at the point they assign the CoS that they may become subject to this requirement by the time they make their application. This will enable them to obtain certificates where needed at the earliest opportunity, and to lodge their application for entry clearance as soon as possible.

 

Tier 2 - updated modernised guidance

UKVI has published revised guidance on how they consider applications for leave to enter or remain in the UK under Tier 2 of the Points Based System.

This version (v.26.0) has updated the 'appropriate salary' page, following changes to caselaw after the ruling in Tukhas (UKUT 00183) and changes to the Immigration Rules on 24 November 2016.

The revised Tier 2 modernised guidance can be viewed here.


https://www.gov.uk/government/publications/points-based-system-tier-2

  



Restricted certificate allocations (Janaury 2017)


The restricted certificates allocation for January 2017 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 1,719 CoS were granted in January 2017.

The next monthly allocation date is 13 February 2017. There are 2,787 CoS available for allocation in February 2017.

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



Studying in the UK


Visa Refusal Rates

The UK government has rejected an amendment to the Higher Education and Research Bill to disclose universities' visa refusal rates.

There have been concerns expressed that without figures on the number of visas applied for and granted for each institution being published, that refusal decisions against students are not subjected to scrutiny.

Further information can be viewed here.

https://www.timeshighereducation.com/news/uk-government-refuses-release-uncomfortable-visa-figures

https://hansard.parliament.uk/lords/2017-01-11/debates/74054338-8119-4597-9F07-3446EEDA6D4B/HigherEducationAndResearchBill


Brexit: International demand for UK higher education

The Higher Education Policy Institute (HePi) and Kaplan International have published a joint report on the determinants of international demand for UK higher education.

The key points were as follows:
  • A 10% depreciation of sterling could increase enrollments from all other countries by around 20,000 students - an increase of 9% - in the first year, worth £227 million in fee income.
  • Harmonising the rules for EU and non-EU students could reduce enrollment from other EU countries by over 31,000 students (a 57% decline in EU Students) - amounting to a net loss of £40 million in the first year (after accounting for higher fees from those who will study in the UK).
  • The oldest universities would gain the most financially, with Oxford and Cambridge standing to receive over £10 million more in fee income each year on average, whilst less prestigious universities may lose modest amounts of income (around £100,000 on average).
  • The removal of post-study work visas may have led to a reduction of around 20% in undergraduate enrollments by overseas students but an increase of 7% in postgraduate enrollments between 2012 and 2014.
  • An increase in the energy price index could increase undergraduate enrollments from countries that are large oil producers by almost 4% but produce a fall of 1% in students from other countries.
  • A 1% increase in GDP per capita internationally could produce an increase of 0.5% in the number of international undergraduate enrollments in the UK.
The full report can be viewed here.



   


General Immigration Matters

Applying for a document certifying permanent residence as an EEA or Swiss national

There has been an increase in the number of enquiries from EEA and/or Swiss nationals about applying for a document certifying permanent residence.
We offer full advice and support to applicants who are looking to apply for a document certifying permanent residence.

For further information about how we can help with such applications, please call us on 01344 624016 or email us at enquiries@veristat.co.uk




Increase in NHS patients details sent to Home Office

The Guardian has reported that there has been a significant increase in the number of government requests to access confidential non-clinical details, since 2014.

NHS Digital is required by law to provide the Home Office with non-clinical patient details, including last known addresses, dates of birth, GP's details and date registered with the doctor.

Further information can be viewed here.

https://www.theguardian.com/uk-news/2017/jan/24/nhs-hands-over-patient-records-to-home-office-for-immigration-crackdown?CMP=share_btn_tw




HR Immigration Services



 

Training for employers and education providers


We provide bespoke training on all aspects of immigration matters, including Tier 2 sponsorship, Tier 4 sponsorship, right to work, and identification of fraudulent documents.

These workshops are conducted on the client's premises for a standard charge of £680 for up to a maximum of 12 persons 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 on request.

*All prices are subject to VAT.

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 8 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. If/when it is required, we 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's approach.

- 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.

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