Monday, 2 November 2015

Immigration News: November 2015



Immigration Rule changes

UK Visas and Immigration (UKVI) have announced the introduction of further changes to the Immigration Rules in relation to various categories.

Other key changes made to the Immigration Rules are as follows:
  • Indefinite Leave and naturalisation applicants will now need to take a secure English Language test.
  • A £35k minimum earnings threshold for Tier 2 settlement will be introduced from 6 April 2016.
  • A child's application for entry clearance will be refused where the Secretary of State considers that the sponsor or sponsor's partner poses a risk to the child.
  • Asylum claims from EU nationals will be invalid unless exceptional circumstances apply.
  • The circumstances in which refugee status can be withdrawn have been clarified.
  • Tier 1 (Exceptional Talent) - the endorsement criteria used by Tech City UK has been amended to better reflect the skills and experience of target applicants who are most likely to add value to the UK digital technology sector.
  • Nurses and four digital technology jobs have been added to the shortage occupation list.
  • The rules have been amended to clarify the charity worker rules for sponsors and applicants.
  • Minor amendments have also been made to the list of Government Authorised schemes.
The statement of changes can be downloaded here.

The majority of changes will take effect on applications submitted on or after 19 November 2015 unless otherwise stated.



Right to rent checks

The Home Office has published its evaluation report of phase one of the Right to Rent scheme, which covers the impact on landlords, agents, tenants and the housing market.

The key findings of the report are as follows:

  • The majority of landlords felt they had been informed about the Right to Rent scheme. The less-informed landlords were mainly those owning fewer rental properties.
  • Lower levels of awareness of the scheme were found amongst tenants, with 68% (46 out of 68) stating they were poorly informed or uninformed about the scheme.
  • The most frequently cited information source for landlords was their landlord's membership association or letting agents' organisations.
  • Over half (56%; 22 out of 39) of tenants who had some awareness of the scheme had received information from their university accommodation service.
  • 46% of landlords felt checks were very easy or easy to do.
  • Landlords and letting agents suggested 'Right to Rent' checks were being integrated into the normal vetting and referencing process without being separately identified to tenants.
The full report can be downloaded here.

The government subsequently announced that from 1 February 2016, all private landlords in England will have to check new tenants have the right to be in the UK before renting out their property.

Further information can be viewed here.



Review of Tier 1 Entrepreneur route

The Migration Advisory Committee (MAC) has published its report on the review of whether the Tier 1 (Entrepreneur) route is appropriate to deliver significant benefits to the UK.

A recommendation has subsequently been made that the Government substantially reforms the visa route for entrepreneurs looking to come to the UK.

The key recommendations were as follows:
  • The Government should consider introducing a separate visa route for talented entrepreneurs looking to establish start-up businesses in the UK. This low-volume, highly selective route would aim to attract the best entrepreneurial talent, with UK Trade & Investment (UKTI)-approved accelerator programmes allowed to endorse individuals for a limited number of visas.
  • Where appropriate partners are identified, the Government may wish to build third party endorsement into the selection process. It also recommends that the Home Office works with UKTI and the UK Business Angels Association (UKBAA) to explore the feasibility of approving selected angel investor networks or syndicates to provide third party endorsement under the Tier 1 (Entrepreneur) route.
  • Where possible, the selection of migrant entrepreneurs should be carried out by industry experts.
  • The entrepreneur visa routes should aim to attract entrepreneurs with innovative business proposals.
The full report and press release can be downloaded here.



Restricted certificate allocations (October 2015)

The restricted certificate allocation for October 2015 published by UKVI can be viewed here. The figures show that all valid applications for restricted CoS which score the minimum 22 points were granted with carry-overs from the previous month(s), indicating that more applications with lower salary levels had been successful than in recent months.

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



Skill Migrant level - impact on growth and digital economy

Some of the UK's technology entrepreneurs have warned the government about their plans to reduce the number of skilled workers allowed in the UK.

More than 230 entrepreneurs and start-ups have sent a letter to the Prime Minister, David Cameron, urging him to reconsider plans to introduce further restrictions on skilled migration. They argue that proposed curbs may "restrict growth and hurt the UK's digital economy."

You can read the open letter sent to the Prime Minister here.

http://www.telegraph.co.uk/finance/businessclub/11958438/Immigration-clampdown-will-hurt-UK-technology-start-ups-warn-top-entrepreneurs.html





Migration Advisory Committee (MAC) review: nurses on the shortage occupation list

The UK government has commissioned the Migration Advisory Committee (MAC) to review whether nurses should be included on the government's shortage occupation list.

You can read the Home Office letter and statement from the MAC here.






Turkish ECAA business agreements

UKVI have updated their guidance for self-employed Turkish businesspersons wishing to apply for an extension of stay in the UK to self-establish in business or continue operating their business under the Turkish EC.

A clarification has been made that the age of a dependent child must be under the age of 21.

The update guidance can be viewed here.



Tier 5 Temporary Worker - updated guidance

UKVI have published revised guidance on applications for leave to enter or remain under the Tier 5 (Temporary Worker) category.

The update guidance can be viewed here.



Tier 4 student visas - refusal on grounds of 'credibility'

The UK Council for International Student Affairs (UKCISA) has received a substantial increase of reports from UK universities about refusals on the grounds of credibility.

Nearly 250,000 credibility interviews have been conducted with non-European Union prospective students in the past two years, according to government figures. 9 per cent of applicants were refused over the period.

UKCISA has sent a report to the Home Office, citing feedback from universities that list reasons for refusals given to students after credibility interviews that include: "not knowing the number of students likely to be in a class", "not knowing exam dates" and "being told that studying to be a dietician is an unlikely plan as there is no demand for that expertise in Syria."

Further information can be viewed here.


Transferring visa to a biometric residence permit

UKVI have introduced a new online, interactive form for transferring an existing visa to a biometric residence permit.

This form, which is to be used by those already in the UK, can be downloaded here.




Short-notice inspection of the Amman Visa Section

The Independent Chief Inspector of Borders and Immigration, David Bolt, has published a report on the short-notice inspection of the Amman visa section.

The key findings of this inspection are as follows:

  • The quality of decision-making had improved since the previous inspection of 2010. Unreasonable decisions were found in nine (10%) out of the 80 cases sampled.
  • The UKVI Operating Mandate, introduced in November 2014, was having a positive effect in providing greater visibility of cases. The accuracy and consistency of decision-making was also improved.
  • Record keeping had also improved and staff numbers had increased to deal with the rising workload.
  • Targets for the number of applications processed per day had been set in consultation with staff.
  • The Entry Clearance Manager (ECM) review process had not identified errors in cases reviewed. It was therefore recommended that ECMs be properly trained and monitored to ensure reviews were effective.
  • Verification checks made to establish the genuineness of an application were not being monitored and recorded consistently on the caseworking system.
  • 43% of the refusal notices sampled were still unbalanced, giving little or no indication that any positive evidence submitted in support of an application had been considered.
  • Applicants successfully granted in the past who have now been refused should be given the opportunity to provide additional evidence before any decision to refuse is made.
  • The information provided to applicants by VACs did not satisfy the UKVI's commitment to customer service excellence.

The full report can be downloaded here. You can also read the Home Office response to this report here.




Inspection of the Solihull Premium Service 

The Independent Chief Inspector of Borders and Immigration, David Bolt, has published a report on the service provided by the Solihull Premium Service.

The key findings of this inspection are as follows:

  • Overall, the Solihull PSC was found to be performing effectively and efficiently, with the vast majority (98.5%) of applicants receiving a same-day decision.
  • The information provided to customers about the premium appointment service was clear and consistent.
  • Staff and managers were committed to delivering an effective customer service to applicants.
  • For those applications not decided on the day, management oversight was effective and ensured cases progressed towards a decision.
  • File sampling showed that mandatory security checks were being conducted in line with UKVI requirements.
  • Whilst they were correctly refusing applications for Indefinite Leave to Remain (ILR) from applicants who had submitted their application before they had completed the qualifying period, both the premium service fee and the standard application fee were being retained. This was considered unreasonable given that the online system accepted such applications and also both the application form/guidance did not adequately highlight premature applications would be treated this way.

The full report can be downloaded here. You can also read the Home Office response to this report here.

Applications for naturalisation as a British citizen

UKVI have amended the guidance for people applying for citizenship by naturalisation for those living in the UK.

This updated guidance can be downloaded here.

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