Plan to send foreign graduates home

The Home Secretary is considering a hard-line policy that would have a tremendous effect on non-European students in the UK.

The proposal under consideration which the Home Secretary is said to be planning to have included in the next Conservative manifesto could force non-European students to return home after successfully completing their studies before they will be eligible to apply for work visa to live and work in the UK.

According to a report on the MSN Home Page credited to the Press Association, The policy being considered is likely to include provisions to make educational establishments that sponsor foreign students responsible for ensuring that students leave the UK after their studies. The policy is also said to include penalties for educational establishments with low departure rates ranging from fines to a possible loss of their licence to sponsor foreign students from outside the EU.

This new policy, if it comes into effect, will alter the current Immigration Rule which allows most eligible students to switch into a work visa from within the UK.

The implication of this new policy (if and when it comes into effect) on foreign students, educational establishments and its impact on the UK economy can only be imagined.

Landlords "Right to Check" Starts on 1 December 2014

The Landlords’ right to check tenants’ rights to rent starts December 2014. This is part of the legislations contained in the Immigration Act 2014 recently signed into law by Royal Assent last May.

According to the statement released by the Immigration and Security Minister James Brokenshire, the new legislation which is schedule to start from 01 December 2014 will be launched in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton.

This is meant to be part of a phased introduction across the country which will see landlords face fines if they rent homes to illegal immigrants without checking their ‘right to rent’.

The new law will mean private landlords will have to check the right of prospective tenants to be in the country if they want to avoid potentially being fined up to £3,000.

For more please visit: https://www.gov.uk/government/news/west-midlands-to-be-first-landlord-right-to-rent-check-area

Tier 4 is Changing Again!!!

The Government recently announced a “new crackdown on immigration abuses as part of its long-term economic plan to secure a better future for Britain.” 

The “new crackdown on immigration abuses” comes with tougher rules to be imposed on universities and colleges who sponsor students to study in the UK.” 

The “new tougher rules” which is an amendment to the criteria with which all institutions must comply to attain or preserve its Highly Trusted Sponsor (HTS) status and which comes into effect from November 2014 states:

“From November, tougher rules will be imposed on universities and colleges who sponsor international students to study in the UK. Currently, educational institutions cannot enjoy highly trusted sponsor status if 20% or more of the individuals they have offered places to are refused visas. But that figure will be cut to 10% in November after a 3 month transitional period for colleges and universities to re-examine their admissions procedures before offering individuals places.” 

The announcement published on 29 July 2014 also went further:

“The Prime Minister also announced plans to halve the period over which European migrants can claim benefits. From November 2014, European jobseekers will only be able to claim Jobseekers Allowance and other key welfare benefits for a maximum period of 3 months. This follows tough changes that were announced earlier this year to introduce a minimum 3 month delay to claiming benefits and to cut off benefits after 6 months unless the individual has very clear job prospects.”

Statement of changes in Immigration Rules

A written ministerial statement was laid simultaneously before Parliament today 10^th July 2014 in the House of Commons by the Immigration Minister, James Brokenshire MP and in the House of Lords by Lord Taylor respectively.

The changes in Immigration Rules which is part of the efforts of the Home Office aimed at securing borders and reducing immigration affect Tier 1 Post Study Work (PSW), Entrepreneur, Tier 4 Student and Tier 5 (Government Authorised Exchange) routes as well as Appendix FM and paragraphs 276ADE-276DH.

The written statement is reproduced hereunder:

This written ministerial statement was laid in the House of Commons by James Brokenshire MP and in the House of Lords by Lord Taylor of Holbeach.

My Rt Hon Friend the Home Secretary is today laying before the House a Statement of Changes in Immigration Rules.

These changes will implement restrictions on the ability of those already present in the UK as a Tier 4 (Student) or Tier 1 (Post Study Work) migrant to make an in-country application for an extension of stay as a Tier 1 (Entrepreneur).

The Tier 1 (Entrepreneur) category is for those who wish to establish a genuine business which will generate jobs in the UK. It has, however, become clear that the majority of those applying in-country for leave in the category are those who have come here for the purpose of study and are making speculative or fraudulent applications simply to extend their stay in the UK.

Checks against the tax records of those who have been granted leave as entrepreneurs suggest that few have gone on to engage in genuine entrepreneurial activity, and that a significant proportion have taken employment in breach of their conditions, typically at low skill levels.

This shows that a robust response is required to protect the integrity of the immigration system and to make clear that systematic abuse will not be tolerated. The new restrictions on switching into the Tier 1 (Entrepreneur) category will apply whilst we carry out further investigations into these abuses and review the route to ensure that it delivers its proper purpose, which is to help foster growth and innovation. The changes will come into force tomorrow, to guard against the possibility of any further intake of speculative or fraudulent applications.

The Tier 1 (Entrepreneur) remains open. Those who already have leave in the category will continue to be able to extend their stay. The new restrictions will not apply to those qualifying on the basis of seed funding or funding provided by another government department, nor, in the case of those switching from the Tier 1 (Post Study Work) route, will they apply to those who have already established a genuine business. Those who graduate here will continue to be able to apply to extend their stay under the Tier 1 (Graduate Entrepreneur) category, which is significantly undersubscribed. Those who have a genuine intention of establishing a business here will also continue to be able to apply from overseas.

In addition, this statement of changes to the Immigration Rules will remove all tests provided by Cambridge International Examinations (CIE), and specific tests provided by Cambridge English and Trinity College London from the list of approved English tests. These changes are being made at the providers’ requests.

The changes also add a new 12 month ‘mathematics teacher exchange’ scheme to the Tier 5 (Government Authorised Exchange) route. This scheme is aimed at sharing best practice in the teaching of mathematics in schools across England and China, and supports the objectives of the Department for Education who will administer and fund the scheme.

This statement of changes also contains amendments to align the Immigration Rules on family and private life in Appendix FM and paragraphs 276ADE-276DH with the public interest considerations in section 117B of the Nationality, Immigration and Asylum Act 2002 which apply to decisions engaging the qualified right to respect for private and family life under Article 8 of the European Convention on Human Rights. The changes also align the Immigration Rules on family and private life in Part 13, which relate to foreign criminals, with the public interest considerations in sections 117B and 117C of the 2002 Act. These considerations are inserted by section 19 of the Immigration Act 2014.

Section 19 gives the weight of primary legislation to parliament’s view of what the public interest under Article 8 requires, in particular in respect of controlling immigration to safeguard the UK’s economic well-being and in respect of preventing disorder or crime.

The statement of changes also contains amendments facilitating the use of the non-suspensive appeals provision, inserted by section 17(3) of the Immigration Act 2014. This provision allows the Secretary of State to certify an appeal where an individual is liable to deportation when, despite the appeals process not having been begun or not having been exhausted, removal of a person to the country or territory to which they are proposed to be removed, pending the outcome of an appeal in relation to their claim, would not be unlawful under section 6 of the Human Rights Act 1998, for example the individual would not face a real risk of serious irreversible harm if removed.

New moves to stop failed asylum seekers absconding

The Ministry of Justice recently published an amendment of the Tribunal Procedure with measures aimed at stopping failed asylum seekers absconding.

The amendment to the procedural rule which was laid before Parliament on 9^th June 2014 and coming into force on 30^th June 2014 allows Tribunals to serve its notice of decision only to the Home Office who will then serve the notice on the appellant.

This amendment is applicable to both First-tier and Upper Tribunals in an asylum case.

Prior to the amendment appellants and the Home Office are notified of the immigration tribunal’s decision at the same time.

With the new measures, the Home Office now have the duty of notifying the appellant of the decision of the Tribunal.

The implication of this is that the Home Office now have the blank cheque to take whatever measure it deems fit including a decision to detain failed asylum seekers even before they are aware of the decision of the Tribunal.

According to a report in The Telegraph earlier this week, Mark Reckless, a Conservative MP has already described the amendment as measures aimed at stopping failed asylum seekers to abscond.

Immigration Bill becomes law

The much awaited Immigration Bill has finally become law after receiving Royal Assent on 14^th May 2014.

The Immigration Bill, according to the Home Office, is designed to make way for a series of reforms which will ensure that the immigration is fairer to British citizens and legitimate migrants and tougher on those with no right to be here.

Excerpt from the Immigration Bill published by the Home Office on 14/05/2014 is reproduced hereunder:

“The Immigration Act 2014 contains 77 clauses and makes fundamental changes to how our immigration system functions.

It will limit the factors which draw illegal migrants to the UK, make it easier to remove those with no right to be here and ensure the Courts have regard to Parliament’s view of what the public interest requires when considering Article 8 of the European Convention on Human Rights in immigration cases.

Immigration Act

Immigration and Security Minister James Brokenshire said:

The Immigration Act is a landmark piece of legislation which will build on our existing reforms to ensure that our immigration system works in the national interest.

We are already planning its implementation and will ensure these measures are introduced quickly and effectively.

The Immigration Act will significantly enhance the way Border Force, Immigration Enforcement and UK Visas & Immigration undertake their work to secure the border, enforce the immigration rules and continue to attract the brightest and the best.

Highlights of the Immigration Act

• Cutting the number of immigration decisions that can be appealed from 17 to 4, while allowing us to return certain harmful individuals before their appeals are heard if there is no risk of serious irreversible harm
• Ensuring that the courts have regard to Parliament’s view of what the public interest requires when considering European Convention of Human Rights (ECHR) Article 8 claims in immigration cases – making clear the right to a family life is not to be regarded as absolute and unqualified
• Clamping down on people who try to gain an immigration advantage by entering into a sham marriage or civil partnership
• Requiring private landlords to check the immigration status of tenants, preventing those with no right to live in the UK from accessing private rented housing
• Introducing a new requirement from temporary migrants with time-limited immigration status by requiring them to make a financial contribution to the National Health Service

The Immigration Act will also include powers to prevent repeat bail applications when a removal is imminent, revoke driving licences held by immigration offenders and allow the Home Secretary to deprive a naturalised individual of their British citizenship if their actions have been seriously prejudicial to the interests of the United Kingdom and the Home Secretary has reasonable grounds for believing the person is able to become a national of another country.

The Immigration Act has been a collaborative effort, involving the Home Office, 12 other government departments, the devolved administrations and the Crown dependencies.

It also continues the Home Office’s work to reduce net migration by focusing on eliminating immigration abuse, including removing from the UK those with no right to be here and preventing others from entering.”

Further Changes to Immigration Rules

The Home Office have released in the past couple of weeks several changes to Immigration Rules that is bound to have profound effects on Migrants and employers in the UK.

 

Some of the changes include increase in the application fees, longer visas for Tier 2, new minimum salary thresholds for Tier 2 and an increase in maintenance fund thresholds for Point-Based System migrants.

 

Many of the changes come into effect from 6^th April 2014 and much of which affects employers but I would be highlighting the changes for PBS migrants and dependents.

 

The changes to maintenance for PBS migrants and their dependents which will come into effect on 1^st July 2014 are as follows:

 

Maintenance for PBS Migrants and Dependents The amount of available funds for PBS Migrants and their dependants are changing for applications made on or after 1 July 2014 as follows:  Category Amount before 1 July 2014 Amount on or after 1 July 2014 Tier 1 (Entrepreneur) Migrant £3,100 for entry clearance £900 for leave to remain   £3,310 for entry clearance £945 for leave to remain Tier 1 (Graduate Entrepreneur) Migrant £1,800 for entry clearance £900 for leave to remain   £1,890 for entry clearance £945 for leave to remain Tier 1 (General), Tier 2, and Tier 5 (Temporary Worker) Migrants   £900 £945 Tier 5 (Youth Mobility Scheme) Migrants   £1,800 £1,890 Dependants of Tier 1 (Entrepreneur) and Tier 1 (General) Migrants, who have been in the UK for less than 12 months £1,800 £1,890 Dependants of Tier 1 (Graduate Entrepreneur) Migrants, who have been in the UK for less than 12 months £1,200 £1,260 Dependants of all other Tier 1, Tier 2, and Tier 5 Migrants £600 £630 Tier 4 (General), if studying in inner London  £1,000 per month for up to nine months, for entry clearance £1,000 per month for up to two months, where the applicant has an established presence in the UK and is applying for leave to remain   £1,020 per month for up to nine months, for entry clearance £1,020 per month for up to two months, where the applicant has an established presence in the UK and is applying for leave to remain Tier 4 (General), if studying in outer London or elsewhere in the UK  £800 per month for up to nine months for entry clearance £800 per month for up to two months, where the applicant has an established presence in the UK and is applying for leave to remain    £820 per month for up to nine months for entry clearance £820 per month for up to two months, where the applicant has an established presence in the UK and is applying for leave to remain   Tier 4 (Child), staying with a carer or close relative  £550 per month for up to nine months   £560 per month for up to nine months Tier 4 (Child), under 12 accompanied by a parent £1,500 per month for up to nine months £600 per month for up to nine months for each additional child   £1,535 per month for up to nine months £615 per month for up to nine months for each additional child Tier 4 (Child), aged 16 or 17, living independently and studying in inner London £900 per month for up to nine months for entry clearance £900 per month for up to two months, where the applicant has an established presence in the UK and is applying for leave to remain   £920 per month for up to nine months for entry clearance £920 per month for up to two months, where the applicant has an established presence in the UK and is applying for leave to remain Tier 4 (Child), aged 16 or 17, living independently and studying in outer London or elsewhere in the UK £700 per month for up to nine months for entry clearance £700 per month for up to two months, where the applicant has an established presence in the UK and is applying for leave to remain   £715 per month for up to nine months for entry clearance £715 per month for up to two months, where the applicant has an established presence in the UK and is applying for leave to remain Tier 4 (Child), under 16 or not living independently The intended carer must show £550 per month for up to nine months   The intended carer must show £560 per month for up to nine months Tier 4 Where the applicant pays a deposit to the Tier 4 sponsor for accommodation, a maximum of £1,000 can be offset against the maintenance requirement   Where the applicant pays a deposit to the Tier 4 sponsor for accommodation, a maximum of £1,020 can be offset against the maintenance requirement   Tier 4 (General) dependants, where the student is studying in inner London £600 per month for up to nine months £615 per month for up to nine months Tier 4 (General) dependants, where the student is studying in outer London or elsewhere in the UK   £450 per month for up to nine months £460 per month for up to nine months