Tuesday 11 April 2017

Immigration News: April 2017



Working in the UK



Immigration Skills Charge

From 6 April 2017, the Immigration Skills Charge will come into force.
This means that when assigning a CoS to a migrant worker, employers will now have to pay a levy of £1,000 per year if they are a medium or large organisation, or £364 per per year if they're a small employer or charity. This fee is paid upfront when the CoS is assigned. 

Further information can be viewed here

 


Changes to the Immigration Rules (Working in the UK)

The government published their Statement of Changes to the Immigration Rules on 16 March 2017.

The key points in relation to working in the UK are as follows:
  • Tier 2 applications may be refused if the new Immigration Skills Charge is not paid in full.
  • The high earner threshold for Tier 2 (General) is being increased from £155,300 to £159,600.
  • The minimum salary requirement for experienced migrant workers under the Tier 2 (General) category is being increased from £25,000 to £30,000. However, the minimum salary threshold for new entrants remains at £20,800.
  • There will be a wider range of online platforms to choose from when conducting a Resident Labour Market Test (RLMT) for employers looking to employ an overseas national as part of a graduate recruitment programme.
  • If the role being filled is associated with the relocation of a high-value business to the UK, or a significant new inward investment project, then it will no longer be necessary to conduct a RLMT or to assign a Certificate of Sponsorship (CoS).
  • Nursing, medical and teaching occupations will continue to be exempt from the increased Tier 2 minimum salary requirement and these roles will be prioritised within the points-based system.
  • The Tier 2 Intra-Company Transfer (ICT) Short Term visa category will close to all new applicants.
  • The allowances of Tier 2 (ICT) migrants can now form only 30% of an applicant's total salary package.
  • Tier 2 (ICT) migrants earning £73,900 or above will no longer be required to have one years' employment experience with the sponsor's linked overseas entity prior to applying for their visa.
  • The high salary threshold for Tier 2 (ICT) migrants has been reduced from £155,300 to £120,000.
The Statement of Changes can be viewed here.

https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc1078-16-march-2017

 

 

Criminal Record Certificate requirement for Tier 2 applicants

An addendum has been added to the guidance for Tier 2 applicants confirming the requirement for criminal record certificates.

From April 2017, the following applicants will need to provide criminal record certificates when they submit their application for Tier 2:
  • Tier 2 (General) entry clearance applicants coming to work in the education, health and social care sectors.
  • Partners of the main applicants (as above).
  • Partners applying overseas to join an existing Tier 2 (General) migrant working in one of these sectors.
Certificates must be provided for any country in which the applicant has resided for 12 months or more (whether continuously or in total) in the last 10 years prior to their application, while aged 18 or over.
The updated Tier 2 guidance can be viewed here.




Tiers 2 and 5: Priority Change of Circumstance Service

UKVI have announced that from 3 April 2017, they are expanding the current Priority Change of Circumstance Service for Tier 2 and 5 sponsors. There will also be an increase in the number of daily allocation slots and change of circumstance categories.

This service allows Tiers 2 or 5 A-rated sponsors to pay a fee to apply for the faster consideration (within 5 working days) of the following types of change of circumstance requests:
  • In-year CoS allocation increases;
  • CoS allocation renewal;
  • Adding a new level 1 user;
  • Replacing Authorising Offcer (AO); and
  • Adding a representative
For further information on eligibility and how to apply for the Priority Service, please click here.



Article 50: Shades of grey, or black and white (commentary by the Migration Observatory at the University of Oxford)

The Migration Observatory at the University of Oxford has published a commentary providing key data about EU migration to and from the UK and the EU migrant population.

The key points about working in the UK are as follows:
  • The main reason for EU migration to the UK is work, which accounts for nearly three quarters of EU immigration.
  • Ministers have suggested that there is unlikely to be a focus on restricting EU labour migration immediately, therefore it is also unlikely that EU migration will be sharply cut in the short-term.
  • The largest concentrations of employed EU nationals are in lower skilled occupations, with EU workers making up a significant share in the "process, plant and machine operatives" category (14%) and the "elementary occupations" (15%).
  • However, EU nationals are not limited to the lower skilled positions, as more than one in six (17%) of EU nationals in the UK works in "professional occupations, and also more than one in 20 (6%) are "managers, directors or senior officials".
The full commentary can be viewed here.



UK visa fees: Tiers 1, 2 and 5

UK Visas and Immigration (UKVI) have announced new visa fees from 6 April 2017. There have been slight increases in all work visas but no changes to the sponsorship fees.

Further information can be viewed here.



Restricted certificate allocations (March 2017)

The restricted certificates allocation for March 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 was granted with carry-overs from the previous month(s). A total of 2,043 CoS were granted in March 2017. There were 288 CoS which were unused from the 2016/2017 annual limit.

The next monthly allocation date is 12th April 2017.

 

 

Studying in the UK


Changes to the Immigration Rules (Tier 4)

The government published their Statement of Changes to the Immigration Rules on 16 March 2017.

The key points in relation to studying in the UK are as follows:
  • The Home Office will define a working week as a seven-day period starting on a Monday. Therefore, during term-time, Tier 4 students will be able to work a maximum of 20 hours in the seven-day period from Monday to Saturday.
  • Educational loans where the tuition fees and living costs are paid directly to the School and the living costs are released to the student upon registration can be used as evidence of finances.
  • The period of overstaying permitted before a re-entry ban applies is being reduced from 90 days to 30 days.
  • Until now, day pupils aged 12 or older have been unable to live with their parent who is in the UK on a 'Parent of a Tier 4 Child' visa looking after a younger sibling. This anomaly has meant that schools have either had to insist that the older child is in boarding or find alternative residential care arrangements for them. From 6 April, new applicants may apply for their visa on the basis that they will reside with their parent.
  • From 6 April, the requirement for credibility interviews will also apply to Tier 4 Child applicants that are aged 16 or over.
  • From 6 April, evidence of the relationship between the applicant and the person providing parental consent will be required as part of their application. Therefore, the applicant will need to submit original or notarised copies of one of the following: birth certificate, certificate of adoption, or a Court document naming the applicant's legal guardian.
The Statement of Changes can be viewed here.

https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc1078-16-march-2017


Updated modernised guidance on Tier 4

UKVI have published revised guidance for how they consider applications from people to enter or remain in the UK under Tier 4 of the points-based system.

Information has been added about the introduction of a concession to allow educational loans for maintenance purposes to be paid directly to Tier 4 sponsors, specifically where the living costs part of the loan is being paid directly to the sponsor for onward disbursement to the student.
    The revised guidance can be viewed here.

    https://www.gov.uk/government/publications/studying-under-tier-4-of-the-points-based-system

     

     

    Inclusion of international students in migration figures

    A proposed amendment to the Higher Education and Research Bill, states that students will not "be treated for public policy purposes as a long-term migrant in the UK", which exempts international students from the government's attempts to reduce net migration below 100,0000. Further information can be viewed here.

    Universities UK have published a briefing to MPs on Amendment 150 in preparation for the Bill returning to the House of Commons for consideration of the Lords amendments. The full briefing by Universities UK can be viewed here.




    UK visa fees: Tier 4

    UK Visas and Immigration (UKVI) have announced new visa fees from 6 April 2017. This includes a £7 increase for a Tier 4 visa application (now £335) made outside of the UK, and a £9 fee increase for a Tier 4 application (now £457) made inside the UK. There have been no changes to sponsorship fees.

    Further information can be viewed here.

     

     

    UK ranked second best for international students

    The UK has ranked second place overall in the recently published Study.EU Country Ranking 2017 for countries most attractive to international students. Germany ranked in first place.

    The UK scored well for academic reputation and the number of available study programmes but it was found to be the most expensive country in this sample.

    Further information can be viewed here.

     

     

     

    General Immigration Matters

    Article 50: Shades of grey, or black and white (commentary by the Migration Observatory at the University of Oxford)

    The Migration Observatory at the University of Oxford has published a commentary providing key data about EU migration to and from the UK and the EU migrant population.

    Other key points about are as follows:
    • According to analysis of the UK Labour Force Survey there were approximately 3.6 million EU nationals residing in the UK during 2016 - this includes some people born in the UK or non-EU countries who are EU nationals.
    • The largest single group are Polish nationals, of which there were approximately 1 million living in the UK during 2016.
    • Approximately 1.2 million UK-born people lived and worked in other EU countries in 2015, with the largest single group in Spain (309,000), followed by Ireland (255,000), France (185,000), Germany (103,000) and Italy (65,000).
    • The ONS also recently estimated that approximately 900,000 UK nationals were long-term residents of other EU countries in 2011.
    The full commentary can be viewed here.




    EEA family permits: guidance for entry clearance officers

    The guidance for entry clearance officers on EEA family permits has been updated to reflect that the Immigration (European Economic Area) Regulations 2016 have revoked and replaced the Immigration (European Economic Area) Regulations 2006.

    This revised guidance can be viewed here.

    https://www.gov.uk/government/publications/eea-family-permits-guidance-for-entry-clearance-officers




    Updated EEA case law and appeals

    UKVI's guidance on EEA case law relating to applications for a document to confirm a right of residence has been updated.

    This updated EEA case law can be viewed here.

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/603354/EEA-Case-Law-v4_0.pdf




    Application to register as a British citizen: guidance for form UKF

    The guidance has been updated for applicants who are registering as a British citizen by a person born before 1 July 2006 to a British father and whose parents were not married.

    The revised Guide UKF can be downloaded here.

    https://www.gov.uk/government/publications/application-to-register-as-a-british-citizen-form-ukf





    Family members transitional arrangements - updated Annex A3

    Revisions have been made to Section 1 of Annex A3 - English Language requirement for those applying for entry clearance or leave under Part 8 of the Immigration Rules as a family member of a British citizen or a person settled in the UK.

    The updated Annex A3 can be viewed here.

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/605689/Annex_A3_-_English_language_requirement.pdf





    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 10 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
     

     

     

    Workshops for European nationals (Brexit)


    We provide workshops targeted at European nationals currently living and working in the UK. We can come to your premises and speak directly to your EU/EEA staff, outlining their position now, and the likely situation they may find themselves in following Brexit. These are practical sessions designed to clarify the situation and more importantly their options moving forwards.

    If you're interested in booking a workshop for the European nationals working for you, please email us at enquiries@hrimmigration.co.uk




    Audits and Inspections


    Veristat 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