Tuesday 5 August 2014

Immigration News: August 2014




Working in the UK




MAC report on low-skilled migration

The Migration Advisory Committee (MAC) published a report on low-skilled migration on 8 July 2014.

The key findings of this report in relation to migrant workers were as follows:

  • There needs to be greater recognition of, and support for, the local impact of immigration.
  • The non-UK population of England and Wales grew by 2.9 million between 2001 and 2011. Three quarters of this rise was in a quarter of local authorities.
  • The economic impact of immigration on GDP per head, productivity and prices was very modest; the economic and social impact on particular local authorities was much stronger.
  • Demand for migrant labour was strongly influenced by institutions and public policies not directly related to immigration.
  • Migrant workers, particularly those from Central and Eastern Europe, possess and display better soft skills than British workers.
  • Migrants in low-skilled work, particularly from EU8 and EU2 countries, were more likely than UK workers to have found work through agencies and to be over-represented among agency workers.
  • The 2004 EU enlargement provides an important lesson for both the UK and other member states for any future EU expansion.
  • Data from the most recent English Housing Survey showed that migrants are more likely to be in privately rented properties compared to UK-born residents.
The full report can be can be read here and the press release can be viewed here.


UKVI publishes updated versions of their modernised guidance

UK Visas and Immigration (UKVI) have published updated versions of their modernised guidance for how they consider applications to enter or remain in the UK as a migrant worker, temporary worker or a family member of a points-based system migrant.

The updated guidance can be viewed at the below links:

Tier 2:
https://www.gov.uk/government/publications/points-based-system-tier-2

Home Office Immigration Operation - Skybreaker

The Refugee and Migrant Forum of Essex and London (RAMFEL) has advised of a Home Office led pilot immigration operation which is targeting five London boroughs: Brent, Ealing, Greenwich, Newham and Tower Hamlets.

The operation is to continue for five months and will be targeting businesses, registry offices and housing services with the aim of finding people with no permission to stay in the UK.

Further information can be viewed here.



Guidance for Employers - Right to Work Checks

UK Visas and Immigration (UKVI) have published updated guidance for employers on undertaking right to work checks for prospective and current employees.

The updated guidance can be viewed here.




Guidance for Employers - Civil Penalties

UK Visas and Immigration (UKVI) have published updated guidance for employers the administration of the civil penalty scheme.

The updated guidance can be viewed here.

https://www.gov.uk/government/publications/illegal-working-fines-employers-guide



Tier 5 Government Authorised Exchange Schemes

UK Visas and Immigration (UKVI) have published an updated list of the details and contacts for all Tier 5 Government Authorised Exchange Schemes.

The revised list can be viewed here.





Guidance for Sponsors on the SMS and issuing CoS

UKVI have published updated guidance for Tier 2 & 5 sponsors on the Sponsor Management System (SMS) and issuing Certificates of Sponsorship (CoS).

The following guidance has been updated:

SMS guide 2: manage your sponsorship licence
https://www.gov.uk/government/publications/manage-your-sponsorship-licence-sms-user-manual
SMS guide 3: applications, renewals and services
https://www.gov.uk/government/publications/apply-and-renew-sponsorship-management-system-sms-user-manual
SMS guide 8: creating and assigning a Cos



Review of Freedom of Movement - Report (Working in the UK)

The government has published its review on the balances of competencies between the UK and the EU on the subject of the single market and freedom of movement.

The review, led by the Home Office and the Department for Work and Pensions, has not recommended any significant reforms to the immigration rules.

However, the key findings in relation to working in the UK were as follows:
  • The effects of free movement on the labour market were largely viewed as positive, although there was less agreement about the benefits of low-skilled migration than high-skilled migration.
  • The majority of EU nationals enter the UK to work. In 2013, 67% of EU migrants stated their main reason for migrating to the UK was for work related reasons (compared with 22% for formal study and 8% to join/accompany a family member). Of those who came here to work, around 60% had a definite job and 40% were looking for work.
  • For employers, a number of contributions cited the ability of businesses located in the UK to recruit from a wider pool of potential workers, enabling them to address skills gaps and to provide flexibility during periods of growth, as a benefit of free movement.
  • Free movement also made it easier for UK-based companies to operate more effectively within the Single Market.
  • Highly-skilled migrant workers are seen as a net benefit to the UK economy as they both generate wealth and provide a 'quantitative contribution to wider society'.
You can read the full report here.


New Restrictions on the Entrepreneur Route

The Home Office has announced the introduction of new restrictions on the entrepreneur visa route.

The entrepreneur route is intended to allow migrants to set up businesses in the UK. However, a review of tax records suggested that people on expiring student visas were transferring to entrepreneur status to set up a business when they were actually working in low skilled jobs.

New restrictions to be introduced will mean that students will only be able to switch using funds from a government-approved source, and post-study workers will need additional evidence of their business activities. Only those with a genuine business will be able to switch from the old post-study route onto an entrepreneur visa.

Further information about the new restrictions can be viewed here.



Education


Further changes to Immigration System (Tier 4 sponsors/HTS)

The Home Secretary has announced further changes to Tier 4 of the points-based system.

From November, if a HTS sponsor has more than one in 10 applications rejected, that educational institution could lose their right to bring in new international students. Currently, education institutions can retain Highly Trusted Sponsor status if the Home Office rejects 20% or fewer student applications as being invalid.

 Further information can be viewed here.

 Commenting on the changes in the THE, Universities UK referred to using visa refusal rates as a measure to determine the future of a sponsor's HTS status as a "blunt mechanism" that "could also have a disproportionate impact on smaller institutions"

http://www.timeshighereducation.co.uk/news/home-office-tightens-rules-on-student-visa-refusals/2014854.article


If you would like to discuss how Veristat may be able to assist you in reducing your visa refusals and other compliance issues, please contact don@veristat.co.uk



Guidance on Supporting Documents: Tier 4

UK Visas and Immigration (UKVI) have published updated guidance on the supporting documents required when applying for a Tier 4 student visa.

The updated guidance can be viewed here.

Record-breaking numbers taking part in Erasmus programme

The European Commission has published statistics from the Erasmus programme for the 2012-2013 academic year showing that a record number (270,000) of students took part in the programme for studying or training abroad.

Further information and statistics can be viewed on the European Commission website here.


    Guidance for Sponsors on the SMS and issuing CAS

    UKVI have published updated guidance for Tier 4 sponsors on the Sponsor Management System (SMS) and issuing Certificates of Acceptance for Studies (CAS).

    The following guidance has been updated:

    SMS guide 1: Introduction

    SMS guide 2: manage your sponsorship licence
    https://www.gov.uk/government/publications/manage-your-sponsorship-licence-sms-user-manual
    SMS guide 3: applications, renewals and services


    Review of Freedom of Movement - Report (Studying in the UK)

    The government has published its review on the balances of competencies between the UK and the EU on the subject of the single market and freedom of movement.

    The review, led by the Home Office and the Department for Work and Pensions, has not recommended any significant reforms to the immigration rules.

    However, the key findings in relation to studying in the UK were as follows:
    • In 2013, 22% of EU migrants stated that their main reason for migrating to the UK was for formal study (compared with 67% for work related reasons and 8% to join/accompany a family member).
    • Free movement of workers is seen as a major benefit of free movement for the higher education and research sectors.
    You can read the full report here.






    Family members of points-based system migrants

    UK Visas and Immigration (UKVI) have published an updated version of the modernised guidance for how they consider applications to enter or remain as a dependant of a PBS migrant.

    The updated modernised guidance for family members of points-based system migrants can be viewed here.



    General Immigration Matters



    Family members of points-based system migrants

    UK Visas and Immigration (UKVI) have published an updated version of the modernised guidance for how they consider applications to enter or remain as a dependant of a PBS migrant.

    The updated modernised guidance for family members of points-based system migrants can be viewed here.




    Applications to settle in the UK: form SET(O)


    UK Visas and Immigration (UKVI) have published an updated form (Form SET(O)) and guidance for those applying for indefinite leave to remain in the UK in various categories.

    The updated form and guidance can be downloaded here.

    https://www.gov.uk/government/publications/application-to-settle-in-the-uk-form-seto




    Family Members transitional arrangements - Spouses

    UK Visas and Immigration (UKVI) have published updated policy on the English Language requirement for spouses under the family members transitional arrangements.

    The updated Section 1, Annex A3, of UKVI's Immigration Directorate Instructions can be viewed here.





    Applications to extend stay in the UK on the basis of family life as a partner or parent, or private life.

    UK Visas and Immigration (UKVI) have published an updated application form and guidance for those applying to extend their stay in the UK on the basis of family life as a partner or parent, or private life.

    The updated form and guidance can be downloaded here.



    Further restrictions on welfare payments for EU migrants

    The Guardian has reported that further restrictions are to be announced by the Prime Minister shortly on welfare payments for EU migrants.

    These reforms will mean that new immigrants from the EU will only be able to claim welfare payments for three months under the new plans.



    HR Immigration Services



    Training for employers


    We are increasingly being asked to provide training on Right to Work and/or Tier 2 sponsor duties.

    These are normally half day courses conducted on your premises for a standard charge of £400 regardless of the number of people attending. If you think your organisation would benefit from training in either or both of these areas, please contact us for a no commitment discussion of your requirements by telephone on 08443351619 or by email at enquiries@veristat.co.uk


    LinkedIn 'HR Immigration' Group


    We have set up a 'HR Immigration' group on LinkedIn, which aims to provide a networking space for UK employers and HR/recruitment professionals to share and discuss news and best practice about current UK immigration issues.

    To join this group please go to http://www.linkedin.com/groups?gid=6537658

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