Friday, 4 August 2017







Working in the UK 

Employer sponsorship: restricted certificate allocations (July)

The Home Office have published a list of the restricted certificates allocated for employer sponsorship in Tier 2 (General) for July 2017.

All valid applications received by 5th July were successful if they scored at least 21 points.

The total number of restricted certificates granted in July was 2,440.

There is a total of 2,151 certificates of sponsorship available for allocation in August 2017.

You can view further information here. 

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



Independent review on impact of EU migrants on the UK economy 

The Home Office has launched an independent review into the impact of EU migrants on the UK economy, including whether British workers are left at a disadvantage because of cheaper labour from the continent. 

The Government has commissioned the Migration Advisory Committee (MAC) to examine how migration affects the labour market and the wider economy.

Further information about this independent review can be viewed here. 

https://www.gov.uk/government/news/migration-advisory-committee-mac-commissioned-by-government 


Brexit and the Labour Market (report by the Economic Affairs Committee)

The Economic Affairs Committee have published a report on Brexit and the Labour Market. The key findings were as follows:
  • Increasing reliance has been placed on the migration statistics to formulate and judge government policy. Many of the available measures are inadequate, in particular the widely identified problems with the International Passenger Survey (IPS).
  • The Government should prioritise plans for the comprehensive sharing of data across departments. They should develop a systematic understanding of the movement of immigrants within the UK economy.
  • It recommends the re-introduction of checks on those leaving the UK to provide an opportunity to count those entering and leaving the UK in a systematic manner.
  • The Government should explore how the available data can be combined with other information and used to provide a long-term check to the information provided by the IPS.
  • As there is evidence that some EU nationals are beginning to leave the UK, they welcomed the Government’s position that securing an early agreement on the rights of EU nationals currently in the UK is its first priority in negotiations with the EU.
  • They strongly recommended that the Government develops a new immigration policy for implementation once the UK has left the EU. They should consult on the needs of business and on a timeframe for implementing the new policy.
  • Any new immigration system should not make an arbitrary distinction between higher-skilled and lower-skilled work on the basis of whether a job requires an undergraduate degree.
  • British businesses must have access to expertise and skills in areas such as agriculture and construction that would at present be categorised as lower-skilled occupations. 
  • There may be some merit in a regional immigration system for Scotland and London but this is beyond existing administrative capabilities, therefore before seeking to implement a regional system the Government should carry out a review and be satisfied about its administrative feasibility.
  • It recommends that the Government expedites measures to accurately assess the number of students who leave the UK at the end of their university education.
  • Future policy should also pay close attention to areas where there are concerns arising from increases in the local population, e.g. pressures on public services.
  • The objective of having migration at sustainable levels is unlikely to be best achieved by the strict use of an annual numerical target for net migration. Therefore, it should be implemented flexibly and take account of labour market needs, in particular during the implementation period.
The full report can be viewed here. 

https://publications.parliament.uk/pa/ld201719/ldselect/ldeconaf/11/1102.htm


Studying in the UK 


Re-Inspection of Tier 4 curtailment process

The Chief Inspector of Borders and Immigration, David Bolt, has published a report on the re- inspection of the Tier 4 curtailment process.

The key findings were as follows:
  • The Home Office previously rejected a recommendation to publish service standards for the curtailment consideration process. However, due to concerns that the size of the backlog (c.25,000) and age (5 months+) of the ‘Work in Progress’ (WiP) and severely scaled back resources allocated to this work, concerns have intensified, so asked the Home Office to reconsider its original response. 
  • The WiP is too large and too far behind, which is affecting sponsors, students and follow-up actions. 
  • The figure for unaccounted individuals who have remained in the UK illegally has reduced to 24,995 due to a series of data matching exercises. Clear timescales for the completion of this work is required. 
  • The Home Office has made progress in a number of areas – for example in improving communication with sponsors and quality assuring the sifting out notifications.
You can view the full report here.  The Home Office response to the re-inspection can be viewed here.

http://icinspector.independent.gov.uk/wp-content/uploads/2017/07/07/A-re-inspection-of-the-Tier-4-curtailement-process.pdf

https://www.gov.uk/government/publications/home-office-response-to-a-report-on-the-re-inspection-of-the-tier-4-curtailment-process



Quality of long-term student migration statistics

The UK Statistics Authority have conducted a compliance review of the quality of long-term student migration statistics. The review concluded that official estimates of international students remaining in the UK were “potentially misleading” and should be treated with caution.

The following recommendations were made:
  • To aid user interpretation and understanding of the student migration estimates, ONS should present additional information about the estimates and the uncertainty around them.
  • To inform users of the appropriateness of the IPS departure questions, ONS should publish details on how it tested responses to these questions and the steps taken to address any potential sources of bias and error.
  • ONS should clearly label the former-student emigration estimate as experimental statistics in all upcoming student migration statistics outputs.
  • ONS should continue its work in collaboration with the Home Office on exit check data.
  • ONS should use the data from the new ONS/UUK/CPC survey to improve its understanding of
    how the IPS might be identifying former-student emigrants, and clearly document the methods used and the quality issues of the data.
You can download the full report here. 

https://www.statisticsauthority.gov.uk/publication/the-quality-of-long-term-student-migration-statistics


Non-European Student Migration (report by The Migration Observatory at the University of Oxford)

The Migration Observatory at the University of Oxford has published a report on non-European student migration to the UK.

The key findings were as follows:

  • The number of international students coming to the UK has fallen since 2010.
  • 7 out of 10 sponsorships for international students in 2016 were made by UK higher education institutions.
  • Data sources on the extent to which students remain in the UK after their studies point indifferent directions.
  • Students bring fewer dependents to the UK compared to other pathways such as labour migrants.
You can view the full report here.

http://www.migrationobservatory.ox.ac.uk/resources/briefings/non-european-student-migration-to- the-uk/


Other immigration news

Naturalisation as a British Citizen: Concepts and Trends (report by The Migration Observatory at the University of Oxford)

The Migration Observatory at the University of Oxford has published a report on naturalisation as a British Citizen: Concepts and Trends.

The key findings were as follows:
  • In 2016, just over 149,400 foreign nationals naturalised as British citizens. This is an increase from 2015 – which saw the lowest annual number since 2002 – but it is lower than the period between 2009 to 2013.
  • 8% of citizenship applications were rejected in 2016. The majority of refusals since 2002 have been because of failure to meet either the residence or the ‘good character’ requirements. English language requriements and the Life in the UK test account for a small percentage of rejected naturalisation applications but may deter additional potential applicants.
  • 5.2% of naturalisations in 2016 were from foreign nationals who have lived in the UK for the required five years, plus one additional year as a settled resident. Most of the other 48 per cent was split between spouses and civil partners of British citizens and minor children registering as citizens.
  • Amongst those naturalizing in 2016, the largest groups in terms of previous citizenship were from India (16% of 2016 total), Pakistan (11%), Nigeria (7%) and South Africa (3%). Only 12% were to EU nationals, though applications from EU nationals were at their highest.
You can view further information here. 

http://www.migrationobservatory.ox.ac.uk/resources/briefings/naturalisation-as-a-british-citizen-concepts-and-trends/


Update on Brexit

The Brexit negotiations are still ongoing and the Home Office has confirmed there will be no change to the status of EU citizens living in the UK whilst the UK remains in the EU.

Further information including the policy paper setting out the UK government’s offer to EU citizens and their families in the UK, can be viewed here. 

The Home Office will update this page with the latest information about the status of EU citizens. You can also sign up to receive email updates from the Home Office via this page.

https://www.gov.uk/guidance/status-of-eu-nationals-in-the-uk-what-you-need-to-know


Reports published by the Independent Chief Inspector of Borders and Immigration

The following reports have been published this month by the Independent Chief Inspector of Borders and Immigration, David Bolt:
  • An inspection of entry clearance processing operations in Croydon and Istanbul – The full report can be viewed here and the Home Office response can be viewed here.
  • An inspection of Country of Origin information – The full report can be viewed here and the Home Office response can be viewed here.
  • An interim re-inspection of family reunion – The full report can be viewed here and the HomeOffice response can be viewed here.
  • A re-inspection of the Administrative review process – The full report can be viewed here and the Home Office response can be viewed here.
  • A short inspection of the Home Office’s application of the good character requirement – The full report can be viewed here and the Home Office response can be viewed here.
  • A re-inspection of the complaints handling process – The full report can be viewed here and the Home Office response can be viewed here.
  • An inspection of Border Force operations at Gatwick – The full report can be viewed here and the Home Office response can be viewed here.
  • An inspection of Border Force operations at east coast seaports – The full report can beviewed here and the Home Office response can be viewed here.
All reports, including the Home Office response to these reports, can be viewed and downloaded at the following URL:

http://icinspector.independent.gov.uk/inspections/inspection-reports/2017-inspection-reports/ 


HR Immigration Services
Training for employers and education providers

We provide bespoke training on all aspects of immigration matters, including Right to Work, Tier 2 sponsorship, Tier 4 sponsorship, and identification of fraudulent documents.
These training sessions are conducted on the client’s premises for a standard charge of £680 (for up to a maximum of 12 persons attending).

*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 either by telephone on 01344 624016 or by email at enquiries@hrimmigration.co.uk. 
Presentations for European nationals (Brexit)

We provide sessions targeted at European nationals currently living and working in the UK. We can come to your premises and speak directly to your EU/EEA and Swiss employees, outlining their position now, and the likely situation they may find themselves in following Brexit.

These practical sessions are designed to clarify the situation and more importantly their options moving forwards.

If you’re interested in booking a session for the European nationals working for you, please call us on 01344 624016 or email us at enquiries@hrimmigration.co.uk. 



Audits and Inspections

Veristat is hugely experienced at providing compliance audits across all immigration tiers. We have worked with hundreds of employers, ranging from small family businesses to multi-nationals, high street retailers and professional sports clubs. In the education sector, we have also worked with over 30 universities and a significant number of colleges and schools.
Our audit/inspection service is fully flexible and can be tailored to individual requirements, and is based on sound practical experience of UKVI’s policies, culture and approach.
  • For employers, we offer on-site Tier 2 compliance inspections (with staff aware or unaware to simulate a surprise UKVI visit). We also offer right to work compliance visits. 
  • For education providers, our service ranges from a “lite” health-check to a comprehensive review of Tier 4 activities, assessing compliance with UKVI requirements and sharing best practice. We also offer targeted inspections covering specific issues, such as BCA, policies, relationships with partner institutions, etc.
On completion, we provide a comprehensive, evidence-based report, together with an assessment of how compliant the business or institution is with UKVI’s requirements. We will support the introduction of change if required and offer a ‘spot check’ follow up service at a later date if required to reassure management that recommendations have been implemented.

If you’re interested in booking an audit/inspection, please call us on 01344 624016 or email us at enquiries@hrimmigration.co.uk. 



File Inspection Days

If you’re unsure whether you require a full compliance audit or specific training but would like an independent check of your files to ensure they are fully compliant with Home Office requirements, we can provide a UKVI file compliance inspection of either your staff or student files.

Depending on the number of employees/students you have, we would either check all files or an agreed sample. After the inspection has taken place, we would provide a written report outlining any risks, feedback and recommendations.
For further information or a quote for our file inspection days, please call us on 01344 624016 or email us at enquiries@hrimmigration.co.uk. 



To view or download a PDF file of this update, please go to the following URL:

http://www.veristat.co.uk/CMS/FILES/Monthly_Update_August_2017.pdf
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Monday, 10 July 2017

Immigration News: July 2017


 

Working in the UK


Restricted certificate allocations (June 2017)

The restricted certificates allocation for June 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 2,005 CoS were granted in June 2017. There are 2,321 CoS available for allocation in July 2017.

 

 

Tier 2 or 5 sponsor guidance

A correction has been made to paragraph 28.21 of the Tier 2/5 Sponsor Guidance to reflect a change made to the Immigration Rules in April.
Paragraph 28.21 of the guidance refers to the exceptions for advertising online to settled workers through the Jobcentre Plus Universal Jobmatch service.

 

 

Guidance on applications under Tier 5 (Temporary Worker)

The guidance on UKVI's policy on applications for leave to enter or remain under the Tier 5 (Temporary Worker) category has been updated. This guidance is to be used by those applying on or after 21 June 2017.

The updated guidance can be viewed here.

 

UK government's policy paper on the UK's exit from the European Union - EU nationals working in the UK or coming to the UK to work

Theresa May has outlined the government's proposals for safeguarding the position of EU citizens living in the UK and the UK nationals living in the EU.

The key proposals about EU/EEA and Swiss nationals working in the UK are as follows:
  • EU citizens and their families lawfully resident here prior to the UK's departure from the EU, will be able to continue to work under the blanket permission period.
  • Once a residence document has been obtained, the blanket permission for that individual will automatically expire and be superseded by the individual's residence permission.
  • EU citizens arriving before the specified date, who do not have five years' residence at the time of the UK's exit but who remain legally in the UK on a pathway to settled status will continue to be able to access the same benefits that they can access now - broadly equal access for workers/the self-employed and limited access for those not working.
The policy paper can be viewed here. UKVI have also updated the information on their website for EU nationals living in the UK, which can be viewed here.

  

 

Proposals for fewer visa restrictions post-Brexit - London First

The business group, London First, is proposing that there is a long "transition phase" of up to six years introduced after the UK leaves the EU to allow a sufficient number of overseas workers to fill jobs in industries, such as engineering.

Further information can be viewed here.

http://londonfirst.co.uk/business-puts-forward-plans-for-new-post-brexit-immigration-approach/



Studying in the UK
Sponsorship duties - updated guidance

UKVI have updated the sponsor guidance for educators, clarifying the conditions in which a student is able to change from the course they are currently studying to an alternative course, without first completing their current course.


The updated guidance states that a student who applied between 6 November 2014 and 5 April 2016 can only change from their current course without getting permission from UKVI if:
  • There is academic progression from the course the student completed during their last period of Tier 4 (General) Student or Student leave; and
  • The new course is at the same or higher level than the current course; or 
  • The course is at a lower level, provided the conditions and requirements of their permission to stay (except those relating to maintenance and academic progression) are the same as they would be if they made an application for the new course (instead of their current course) under the current Rules.
 The updated guidance can be viewed here.

http://www.gov.uk/government/uploads/system/uploads/attachment_data/file/617528/Tier_4_Sponsor_Guidance_-_Document_2-Sponsorship_Duties_June17.pdf


Guidance on applying for a Tier 4 student visa

UKVI have published revised guidance for those applying for leave to enter or remain as a Tier 4 student.

The key change is as follows:
  • A clarification has been made about the evidence of maintenance that a Tier 4 (General) student needs to show if they have paid all or some of their accommodation fees to their Tier 4 sponsor before making their application. Those students staying in university, college or independent school arranged accommodation are only able to deduct up to £1,265 from the total amount of money they need to show for living costs. UKVI recently clarified that this paragraph refers to Tier 4 (General) students only. Tier 4 (Child) students who are boarding in independent school accommodation are permitted to deduct the full amount of accommodation costs already paid to their sponsor for accommodation from the total maintenance they are required to show when applying for their visa.
The updated guidance can be viewed here.

https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-4-student




UK government's policy paper on the UK's exit from the European Union - EU nationals already studying in the UK or coming to the UK to study

Theresa May has outlined the government's proposals for safeguarding the position of EU citizens living in the UK and UK nationals living in the EU.

The key proposals about EU/EEA and Swiss nationals studying in the UK are as follows:
  • To respect and maintain the existing rights and arrangements for qualifying EU citizens who arrived in the UK before a specified date (to be agreed) and who will study here.
  • To ensure UK universities continue to attract and encourage EU students to continue to choose UK universities.
  • To help provide certainty for EU students starting courses as the UK's exit is implemented.
  • Current EU students and those starting courses at an English university or further education institution in the 2017/18 and 2018/19 academic years will continue to be eligible for student support and home fee status for the duration of their course.
  • EU citizens will also remain eligible to apply for Research Council PhD studentships at UK institutions during the 2017/18 and 2018/19 academic years.
The policy paper can be viewed here. UKVI have also updated the information on their website for EU nationals living in the UK, which can be viewed here.

https://www.gov.uk/government/publications/safeguarding-the-position-of-eu-citizens-in-the-uk-and-uk-nationals-in-the-eu/the-united-kingdoms-exit-from-the-european-union-safeguarding-the-position-of-eu-citizens-living-in-the-uk-and-uk-nationals-living-in-the-eu#a-new-status-in-uk-law





General Immigration Matters

UK government's policy paper on the UK's exit from the European Union (Other key proposals)

Theresa May has outlined the government's proposals for safeguarding the position of EU citizens living in the UK and the UK nationals living in the EU.

Other key proposals about EU/EEA and Swiss nationals are as follows:
  • Until the UK's exit from the EU, EU citizens resident in the UK will continue to enjoy the rights they have under EU Treaties. After the UK's exit from the EU, new rights in UK law will be created.
  • Qualifying EU citizens will have to apply for residence status. There are plans to modernise and simplify the administrative process.
  • All qualifying EU citizens will be given adequate time to apply for their new residence status after the UK's exit from the UK.
  • EU citizens who arrive and become residence before the year to be agreed specified date but will not have accrued five years' continuous residence at the time of the UK's exit will be able to apply for temporary status in order to remain resident in the UK until they have accumulated five years, after which they will be eligible to apply for settled status.
  • Family members who join a qualifying EU citizen in the UK before the UK's exit will be able to apply for settled status after five years (including where the five years falls after the UK's exit). Family members joining after the UK's exit will be subject to the same rules as those joining British citizens or alternatively to the post-exit immigration arrangements for EU citizens who arrive after the specified date.
  • EU citizens with settled status will continue to have access to UK benefits on the same basis as a comparable UK national under domestic law.
  • The government is carefully considering a range of options as to how EU migration will work for new arrivals post-exit and will publish proposals as soon as possible.
The policy paper can be viewed here. UKVI have also updated the information on their website for EU nationals living in the UK, which can be viewed here.




Brexodus? Migration and uncertainty after the EU referendum - EU nationals working in the UK (commentary by The Migration Observatory at the University of Oxford)

The Migration Observatory at the University of Oxford has published a commentary on migration to and from the UK since the EU referendum.

The key findings about working in the UK were as follows:
  • Annual net migration fell by 25% to 248,000 in 2016 compared to 332,000 in 2015. This was mainly due to a decline in EU net migration, which resulted from a fall in immigration and an increase in emigration of EU citizens. Changes to non-EU net migration over the same period were not statistically significant.
  • The net decline in EU migration was not the same for all groups of EU migrants. The decrease was more evident from "A8" countries that joined the EU in 2004 - such as, Poland, Latvia, Lithuania, Estonia, Hungary, the Czech Republic, Slovakia and Slovenia.
  • The decline in EU net migration might be linked to the strength of the currency. Lack of clarity about long-term rights of residence and the increasing strength of other European economies, may also have contributed to this decline. 
  • In the first quarter of 2017, the number of EU migrants registering for NINos from both older member states and the accession countries declined in comparison to the same period for 2016.
  • Since the Brexit referendum, the number of A8 born workers in the British labour market has levelled off.
  • There have been reports that some sectors that have previously relied on lower-skilled or lower-paid EU migrant or seasonal workers - such as agriculture - are struggling to fill vacancies.
  • Employers have expressed concerns about the difficulties recruiting staff from the EU. For instance, the Nursing and Midwifery Council (NMC) reported a decrease in the number of EU-trained nurses registering to work in the UK.
The full commentary can be viewed here.

http://www.migrationobservatory.ox.ac.uk/resources/commentaries/brexodus-migration-and-uncertainty-after-the-eu-referendum/





HR Immigration Services



Training for employers and education providers


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

These training sessions are conducted on the client's premises for a standard charge of £680  (for up to a maximum of 12 persons attending). 

*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
 

 

 

Presentations for European nationals (Brexit)


We provide sessions targeted at European nationals currently living and working in the UK. We can come to your premises and speak directly to your EU/EEA and Swiss 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 session for the European nationals working for you, please email us at enquiries@hrimmigration.co.uk




Audits and Inspections


We are hugely experienced at providing compliance audits across all immigration tiers. We have worked with hundreds of employers ranging from small, family businesses to multi-nationals, high street retailers and professional sports clubs. In the education sector, we have also worked with over 30 universities and a significant number of colleges and schools.

Our audit/inspection service is fully flexible and can be tailored to individual requirements, and is based on sound practical experience of UKVI's policies, culture and approach.

- For employers, we offer on-site Tier 2 compliance inspections (with staff aware, or unaware to simulate a surprise UKVI visit). We also offer right to work compliance visits.

- For education providers our services range from a "lite" health-check to a comprehensive review of Tier 4 activities, assessing compliance with UKVI requirements and sharing best practice. We also offer targeted inspections covering specific issues, such as BCA, policies, relationships with partner institutions, etc. 


On completion, we provide a comprehensive, evidence-based report together with an assessment of how compliant the business or institution is with UKVI's requirements. 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.



File Inspection Days

If you're unsure whether you require a full compliance audit or specific training, but would like an independent check of your files to ensure they are fully compliant with Home Office requirements, we can provide a UKVI file compliance inspection of either your staff or student files.

Depending on the number of employees/students you have, we would either check all the files, or an agreed sample. After the inspection has taken place, we would provide a written report outlining any risks, feedback and recommendations. For further information or a quote for our file inspection days, please email enquiries@hrimmigration.co.uk



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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