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UK Tier 4 Visas - Easier English language requirements following High Court Victory

English Language schools have won an important High Court Victory which means that the current restrictions which do not allow entry on a Tier 4 visa to study English if you have beginners English will have to end. If these restrictions were allowed to continue this would result in thousands of people losing their jobs and perhaps as much as 600 million pounds in lost income for English Language Schools.

The immigration regulations were introduced by the last UK Labour Government to prevent entry of students with only entry level English into the UK. Many people have considered it to be quite ridiculous that you will firstly need to have quite good English if you wish to come to the UK to learn English. Under the regulations those on short courses were also not allowed to bring in their spouses to the UK.

English UK which represents most English language schools in the UK recently won their appeal in the High Court. Mr Justice Foskett decided that the restrictions were unlawful as they were made by altering guidelines instead of a change of rules in Parliament.

The Chief Executive of English UK Tony Millins had the following to say:

"We are pleased that Mr Justice Foskett saw the merits of our case. We believe his decision is good for the UK economy, to which the English language sector contributes about £1.5 billion in foreign earnings each year."

English UK said that English Language schools did not result in bogus students coming to the UK. The changes have already damaged the English Language School industry in the UK. A full response from UK Immigration to the ruling is still awaited. It is possible that the Government may try to bring in restrictions again in future.

UK immigration quota capped 

The UK immigration cap that will affect Tier 1 visas and Tier 2 visas will come into effect from Monday 19th July 2010. The interim cap is being introduced on 19 July 2010 ahead of the long term cap to be introduced in April 2011. Further details of the interim cap are given below:

Tier 2 Visas Interim Cap Details:

• The interim limit from 19 July 2010 will only apply to the number of certificates of sponsorship that an employer can issue.   In other respects the requirements for Tier 2 Visas will remain the same.

• There will be a separate allocation of certificates of sponsorship available only for new sponsor licence holders.  This is to try and make sure that there will be Tier 2 visas available for new sponsor licence holders.

Tier 1 Visas Interim Cap Details:

• The applicant will in many cases have to come under a higher pass-mark of 100 points instead of the current 95 points under the Tier 1 visa (General) category from 19 July 2010.

• If you apply for a Tier 1 visa there will be a monthly interim quota for such visas from 19 July 2010. If the applicant applies for a Tier 1 visa when there are no Tier 1 visas left as depicted under the fixed quota, then the applicant will have to wait until the following month to be considered under a new visa allocation.

The number of workers from outside the EU/EEA will be limited to 24,100 between now and April 2011 which represents a 5% reduction in the number of migrant workers. The temporary cap does not represent a significant reduction in current numbers. The intention with the temporary cap is to prevent a rush of applicants before the April 2011 permanent immigration cap.

The immigration cap has been criticised by the Labour Party and by many in the Conservative Party. The Liberal Democrat Party Leader and Deputy Prime Minister Nick Clegg actually campaigned against the immigration cap during the General Election. However, as part of the agreement between the Conservatives and Liberal Democrats to form a Coalition Government it was agreed that there would be an immigration cap.

Changes to Tier 4 student visa applications from 3rd March 2010

Following the earlier announcement of a new set of measures to tighten the criteria on student Tier 4 visa applications, the following changes have come into effect from 3 March 2010:

·  The minimum level of English language course has been raised to level B2 of the Common European Framework of Reference for Languages (CEFR). Students will therefore need a higher level of English at a minimum level of B1 of the Common European Framework of Reference for Languages to come and study an English language course in the UK.  Exceptions apply to Government sponsored students and specific pre-sessional English courses.

·  Students applying under Tier 4 (General) and who are coming to study courses below NQF Level 6 (except for students on Foundation Degrees) must also be assessed by the sponsor to ensure they have English language competence at level B1 of the CEFR. 

·  If you are coming to study below degree level (excluding foundation degree students) you will only be able to work 10 hours a week (this has been reduced from 20 hours).

·  If you are studying for a course under Tier 4 for less than 6 months, you will no longer be able to bring your dependants.

·  Dependants of anyone studying a course lower than degree level (excluding those on foundation degree courses) will no longer be able to work (unless they qualify in their own right under Tier 1 (General) as a highly skilled migrant or as a skilled worker under Tier 2 General, sportsperson or minister of religion). 

If you have submitted and paid for your application before 3rd March 2010, you will be considered against the rules in force at the time. 

Further changes will be introduced from April 2010.

Bachelors re-allowed as Tier-1 migrant 

Following the recommendation of the Migration Advisory Committee for Tier 1 (General) immigration category, the Prospective immigrants with a minimum of a bachelor’s degree are now allowed to come under Tier 1 if their previous earnings are at a high enough level and if they gain enough points. Previuosly to come under the Tier 1 visa you need to have at least a master’s degree.

In light of changing economic circumstances the Government had asked MAC to consider changes to Tier 1 for the years 2010/11. MAC feels that Tier 1 is operating well, but also recommended some changes to the scheme. 

Stay in U.K. as Tier-2 migrant will not lead to permanent residence   

The UK Border Agency will soon be making changes so that IT workers and others coming under the intra company transfer Tier 2 visa will need to have 12 months' experience instead of six months with the overseas employer, before being transferred to the UK. In addition this category under Tier 2 will not lead to permanent residence in future.

There have been suggestions that the Tier 2 (Intra company transfer) visa provides a loophole to enable Indian IT companies to bring overseas workers to the UK and pay them salaries lower than the market rate. 

Biometrics required from Tier-2 visa holders  

Skilled migrant workers and their dependents extending their visa under the Tier 2 visa scheme will from 6 January 2010 need to provide biometric information and obtain an identity card. Migrants in a number of other visa categories are already required to submit their fingerprints and photograph and apply for an identity card.  

Fingerprint checks at the UK border 

From 30 November 2009 the UK Border Agency is introducing fingerprint checks at the border for passengers with biometric UK visas. On arrival in the UK, passengers will have their fingerprints scanned at border control in addition to the normal checks that take place. The fingerprints provided will be checked to verify that the individual entering the UK is the same person who gave their biometric data when they applied for their visa. In the majority of cases the passenger’s right hand thumb and first finger will be used for the check. 

Changes to Tier 1 visa of the points based system enforced

 

The most significant change is that under the Tier 1 (General) visa students will no longer gain points for previous earnings before they became students. Therefore, you will only gain points for earnings over the last fifteen months if you were actually working during this time and earning a high enough salary to be awarded points under previous earnings. In practice this is likely to mean that students in the UK and recent students outside the UK wishing to apply under Tier 1 will be unable to do so. Students will probably have to come under Tier 1 Post Study Work or Tier 2. Then at a future date they may be in a position to apply for Tier 1. As applicants will have to show their recent work experience and earning capability to gain points under previous earnings, the Government says this will better demonstrate their suitability for the UK Labour market.

Important changes for sponsors under the points-based system 

The UK Border Agency has published revised guidance for employers and education providers who sponsor migrants under the points-based system, and has enabled education providers to use the sponsorship management system for the first time.

The sponsor guidance has now been split into separate documents for employers (Tiers 2 and 5 of the points-based system) and for education providers (Tier 4). Both guidance documents, together with a list of changes from the previous guidance, are now available on UKBA website. 

Additionally, the sponsorship management system is now available to Tier 4 sponsors, enabling them to issue Confirmation of Acceptance for Studies (CAS) for the first time. During a voluntary trial period which will run until February 2010, Tier 4 sponsors will be able to choose whether to issue visa letters or CAS to migrants applying to them from inside the United Kingdom. CAS will completely replace visa letters next February.

Sponsorship management system launched for Tier 4 sponsors 

The UK Border Agency has now implemented phase 3 of Tier 4 of the points-based system for immigration. 

Phase 3 is the voluntary trial period of the sponsorship management system (SMS) for Tier 4 sponsors. During this period, sponsors can continue using visa letters while gradually adopting the use of the SMS to issue confirmations of acceptance for studies (CAS). CAS will completely replace visa letters in February 2010. 

Until February 2010, sponsors will be able to issue CAS, visa letters or a combination of both to would-be students who are applying for a visa from within the United Kingdom. Would-be students applying from outside the United Kingdom will still need to apply with a visa letter until February 2010. 

New route to acquire British Citizenship announced 

The United Kingdom Government is changing the way that migrants progress to British citizenship, making sure that people who want to build a new life here have earned the right to do so - and the UK Border Agency has asked members of the public to comment on its latest proposals.  

 The new system of 'earned citizenship' will create a clear, three-stage path for migrants to become British citizens. This will include a new 'probationary citizenship' stage. 

 Earned citizenship will ensure that the rights and benefits of British citizenship are matched by responsibilities and contributions made to our society. Those who want to settle permanently in the will have to earn the right to stay by learning English, paying taxes and obeying the law.  

 The Government will support migrants who play by the rules and will take action to punish those who do not. Migrants who demonstrate 'active citizenship' will be able to become British citizens more quickly.

There will be three routes to citizenship:  

  • Work - for highly skilled and skilled workers who are in the under Tiers 1 and 2 of the points-based system); 

  • Family - for the family members of existing British citizens and permanent residents; and 

  • Protection - for refugees and migrants who have been given humanitarian protection. 

For all of these routes, there will be three clear stages which a migrant must complete. 

The three stages of the citizenship process: 

Stage 1: Temporary residence

All migrants will be at this stage when they first come to the . To be able to progress to the second stage, they will need to: 

  • spend a minimum amount of time (which will vary between the different routes) in the  obey the law; 

  • pass a test of their English language skills and/or their knowledge of life in the UK; and 

  • meet additional requirements - those on the Work route will normally need to still be employed and paying taxes, while those on the Family route will need to show that they have an ongoing relationship with a person who has close ties to the , and those on the Protection route will need to continue requiring international protection.  

Stage 2: Probationary citizenship

During this stage, migrants will have to demonstrate that they have earned the right to make the their home.   

Before progressing to the final stage, a migrant must spend a minimum amount of time as a probationary citizen - this amount of time will depend on their route (Work, Family or Protection). Migrants who actively contribute to the community through 'active citizenship' (see below) will be able to move to the next stage more quickly.  

To be able to progress to the third stage, migrants will need to: 

  • have obeyed the law during their probationary citizenship; 

  • have continued to be self-sufficient, with no access to benefits (unless they are on the Protection route); and  

  • meet additional requirements specific to their route.  

Migrants who receive custodial sentences will normally be stopped from progressing on the path to citizenship. Those convicted of minor offences will normally have to wait until their conviction is spent before they can progress to the final stage.  

Any migrant who has spent five years as a probationary citizen will need to either move on to the final stage or leave the UK.  

Stage 3: British Citizenship or permanent residence

Migrants who become British citizens will have full entitlement to the rights and benefits that this brings.  

The status of permanent residence will be available to migrants who do not want to or cannot become British citizens (because of dual nationality issues, for example). 

 Active citizenship

The Government wants to encourage migrants to integrate fully into society if they want to stay here permanently - so those who choose to take an active part in the community will be able to obtain citizenship two years earlier than those who do not.   

To demonstrate active citizenship, a migrant might volunteer with a recognized organization such as a charity, serve on a community body or take part in an activity that:

  • advances education or health; 
  • advances social and community welfare; 
  • advances heritage, arts, culture or sport; 
  • benefits the natural environment; 
  • benefits children, young people, elderly people, disabled people or other vulnerable groups; and/or 
  • involves mentoring or befriending.

Active citizenship will:

 

  • encourage integration, by bringing migrants into greater contact with the wider community so that they share values and use their English language skills; 
  • enable would-be citizens to show commitment to the UK; and 
  • open them up to new experiences, which could become lifelong roles.   

The U.K. Border Agency has set up an Active Citizenship Design Group, which includes representatives from local authorities and the voluntary sector, to advise on how active citizenship should work - what activities should be covered, the level of commitment that should be required and the best ways to verify that the activities claimed have taken place

Immigration amnesty would boost UK economy  

A study commissioned by the London Mayor Boris Johnson suggests that an immigration amnesty would lead to a GBP3 billion boost to the economy. The London School of Economics study also concludes that an amnesty would not lead to large scale illegal immigration; 's border controls would prevent this happening. The report's findings were welcomed by Johnson.  
 

The main points in the report are as follows:

  • Estimates that there are 618,000 illegal migrants in the .
  • More than two-thirds 442,000 are in London .
  • If illegal immigrants were given legal status in the then GBP 846 million a year would be raised in taxes.
  • The public sector costs of granting indefinite leave to remain would be about GBP410 million a year.
  • Total costs could rise to GBP1 billion a year in the long term if the immigrants receive welfare benefits and public sector housing.

The proposed amnesty would be for those who had been in the for at least five years. It is estimated that two thirds of illegal immigrants would be eligible. The report estimates that regularizing the status of illegal immigrants would result in:

  • An increase in individual earnings of 25%.
  • An increase in the rate of employment of 6%.
  • An additional GBP3 billion a year in national gross domestic product.

Amnesties and regularisation programmes have been common in a number of Countries, including in France, , , and the . The amnesty idea was first mentioned by Boris Johnson more than a year ago in April 2008. This sparked widespread controversy. The Immigration Minister at the time Phil Woolas said that it would lead to more people trafficking.

  New UK Passport later this year  

The Identity and Passport Service (IPS) has announced that De La Rue has won the contract to produce the new British passport. The contract is worth £400 million.

  

The new passport will be available from October 2010. It will have a new design and improved security features, including the facility to hold fingerprint biometrics. The IPS says that the new passport will mean less risk of identity theft and help secure the borders. It is also hoped that the new passport will meet future requirements for international travel documents.

  

"The British passport is recognised as one of the best in the world and we want to keep it that way. Today we are affirming our commitment to making this travel document more secure than ever by using fingerprint biometrics," said IPS chief executive James Hall. 

 

"Upgrading the British passport is essential to keep pace with the most advanced international standards for travel documents and will ensure that British citizens have the freedom to travel easily world-wide. 

 

"De La Rue has shown it is superbly placed to deliver this large project and we are delighted they are working with us." 

 

The bidding process started with twenty bidders in June 2008. De La Rue was picked out of the twenty to design and produce the new British Passport.

  

"The Identity and Passport Service was looking for a partner it could rely on to deliver the complete service for the passport," said James Hussey, CEO of De La Rue. "As a British company, producing passports and identity documents for over 50 governments, De La Rue is proud to be selected to bring its expertise to this project. This contract further reinforces De La Rue's strong growth in the identity sector." 

 

These radical changes in the British Visa and Immigration System have made it even more difficult for candidates wishing to come to UK  . We are willing to offer prompt and honest advice tailored to your individual circumstances. We offer both businesses and individuals effective and client-focused advice in all business and individual immigration matters. For further details, please visit http://www.ukvisastoday.com/  or e-mail ray@millenniumconsultants.co.uk

 

 

 

 

 
 
 
 
 
 
 
 
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