Monday 4 April 2016

Immigration News: April 2016






Working in the UK

Immigration Bill: part 1 - labour market and illegal working

UK Visas and Immigration (UKVI) have published draft regulations, under the Immigration Bill: part 1 - labour market and illegal working, on late hours catering (Scotland), alcohol licensing (Scotland) and alcohol licensing (Northern Ireland).

The draft regulations can be downloaded here.


Premium customer service for employers

UK Visas and Immigration (UKVI) have published updated guidance about their premium customer service scheme for employers sponsoring foreign workers.

The updated guidance can be viewed here.



Report on nursing shortage by Migration Advisory Committee (MAC)

The Migration Advisory Committee (MAC) has published its report on the shortage occupational list (SOL) and its review of nursing.

The key findings of this report are as follows:
  • Whilst acknowledging the data and evidence was far from perfect, it concluded that there was currently a UK-wide shortage of nurses in the UK.
  • The primary need was for adult nurses. However, the MAC were concerned that limiting the nurse presence on the SOL to adult nurses only meant that other important specialities, such as neonatal nurses, would not be able to benefit from access to the SOL.
  • They concluded that the current shortage of nurses is largely of the health, care and independent sectors' own making, as they failed to train sufficient numbers of nurses or failed to make provision to train their own nurses should the supply of publicly funded nurses fail.
  • Either no or insufficient account of the needs of other sectors had been taken whilst making their planning assumptions.
  • They have complex institutional structures, which blur the decision-making process and lead to poor information and data making it difficult for them to understand and respond meaningfully to labour shortages.
  • Lessons were not learnt from the late 1990s/early 2000s when a similar shortage and reliance on foreign nurses occurred.
  • Based on immediate need they have recommended that nurses (SOC code 2231) be retained on the shortage occupation list.
  • As the government is committed to an absolute ceiling of 20,700 places each year for the Tier 2 (General) route, allowing non-EEA nurses unrestricted access to restricted certificates of sponsorship would risk displacing other occupations that use the route (such as engineers).
  • The government may wish to monitor the allocation of CoS in relation to nurses and to consider whether to have a monthly or an annual limit specifically for this occupation. The MAC suggested an overall ceiling for nurses of 3,000 to 5,000 places in the first year.
  • The government should consider whether an RLMT should still be applied even whilst on the SOL as a special case. (The government has now implemented this.) 
The full report and press release can be downloaded here.



Government's response to Review of Tier 2 by the Migration Advisory Committee (MAC)

On 24 March 2016, the government announced their response to two reviews of Tier 2 policy by the independent, Migration Advisory Committee (MAC).

The key changes announced are as follows:
  • Tier 2 (General) salary thresholds for experienced workers will be increased to £25,000 in autumn 2016, and £30,000 in April 2017. However, some health and education professionals will be exempt for the higher threshold until July 2019. The minimum threshold of £20,800 for new entrants will remain.
  • Tier 4 students switching into Tier 2 will not be subject to a limit on numbers and their sponsor will not have to carry out a Resident Labour Market Test.
  • Nurses will remain on the Shortage Occupation List, but sponsors will need to carry out a Resident Labour Market Test before recruiting a non-EEA nurse.
  • The current intra-company transfer provisions are being simplified by requiring all intra-company transferees to qualify under a single visa category with a minimum salary threshold of £41,500 with the exception of the graduate trainees.
  • The Immigration Skills Charge will be levied on Tier 2 employers at a rate of £1,000 per person per year from April 2017, with a rate of £364 for smaller businesses and charities, and an exemption for PhD occupations, Tier 2 (Intra-Company Transfer) Graduate Trainees and Tier 4 students switching to Tier 2.
  • The Immigration Rules for work categories will be simplified, making them easier for sponsors and applicants to understand and use.
Further information, including the ministerial statement, can be viewed here. 





Technical change of employment

A revised form and guidance has been published for employers to tell UK Visas and Immigration (UKVI) about technical changes of employment.

To be considered as a technical change of employment, the Home Office needs to be satisfied that the individual will continue to work under the same terms and conditions, as well as continuing to meet the work permit criteria. Any significant changes to location, salary, job level or working hours are not considered as technical changes and will be regarded as a change of employment. Significant changes to the job, location or terms and conditions will require a new application under the points-based system.

The updated form and guidance can be downloaded here.





Non-European labour migration to the UK (briefing by The Migration Observatory)

The Migration Observatory at the University of Oxford has published a briefing examining labour migration to the UK for non-EEA nationals.

The key findings were as follows:
  • Non-EEA labour migration increased over the 1900s and early 2000s, then declined from the mid-2000s until 2012. By 2014, inflows had begun to increase again.
  • Skilled, employer-sponsored workers (Tier 2 of the points-based system) are the largest category of entry visas issued for work.
  • The majority of non-EEA labour migrants coming to the UK were men and were aged 25-44.
  • The largest numbers of non-EEA labour migrants are from Asian countries, followed by the Americas.
The briefing can be downloaded here.





Approved English Language tests (Working in the UK)

UK Visas and Immigration (UKVI) have published an updated list of tests and test centres approved by them to show that applicants have the required level of English for their visa.

The updated list can be downloaded here. 




Restricted certificate allocations (March 2016)

The restricted certificates allocation for March 2016 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) indicating that more applications with lower salary levels had been successful than in recent months. 
Studying in the UK


Short notice inspection of the Tier 4 curtailment process

The Chief Inspector of Borders and Immigration, David Bolt, has undertaken a short notice inspection of the Tier 4 curtailment process.

The report made 9 recommendations, as follows:
  1. To find a workable solution to providing Tier 4 sponsors with direct feedback on the quality of their SMS notifications, with a view to achieving a significant reduction in the number of unnecessary notifications submitted each year.
  2. Maintain a record of quality assurance of the sifting process for SMS notifications to ensure cases are not being incorrectly sifted 'out' as not requiring consideration for curtailment or any other action,
  3. Ensure that the assurance regime for Tier 4 curtailment covers the correct application by caseworkers of all relevant Immigration Rules and Home Office guidance, and that it informs the training and individual feedback provided to caseworkers.
  4. Publish service standards for the curtailment consideration process that takes account of the 10-day deadline imposed on sponsors for the submission of SMS notifications; and drives the efficient use of resources.
  5. Issue clear instructions to caseworkers in relation to the closing of cases, and referral of cases to issuing Entry Clearance Officers for cancellation, based on Advance Passenger Information (API) indicating that a Tier 4 student has departed from the UK, or the absence of an API record of an individual in possession of a Tier 4 visa having entered the UK, and ensure instructions are followed consistently.
  6. Treat cases that attract a curtailment not pursued (CNP) decision because the individual is an overstayer, or has a period of leave remaining that is shorter than their permitted period of grace and curtailment would have no practical effect, in the same way as curtailed cases.
  7. Take necessary steps to identify and locate those individuals amongst the c.71,000 curtailment not pursued (CNP) cases decided between 1 April 2013 and 31 March 2015 who have remained in the UK illegally, with a view to effecting their removal.
  8. Review the flow of cases referred to Capita to eliminate cases bouncing back as unworkable, including those that should have been closed based on Advance Passenger Information (API) and those curtailed cases where the period of grace has not expired when referred.
  9. Review whether the priority currently given to Tier 4 curtailed cases within the Immigration Enforcement national prioritisation matrix is appropriate.
The full report can be downloaded here.

The Home Office's response to the findings and recommendations of this inspection can be viewed here.


Approved English Language tests (Studying in the UK)

UK Visas and Immigration (UKVI) have published an updated list of tests and test centres approved by them to show that applicants have the required level of English for their visa.

The updated list can be downloaded here. 


Tier 4 priority applications

UKVI have announced a new Tier 4 priority service for applications in the UK for Tier 4 (General), Tier 4 (Child), Tier 4 (Doctorate Extension Scheme) or Tier 4 (Dependant).

Before making an online application, the applicant must complete and submit the 'Tier 4 priority request' form. Only the first 60 requests received by UKVI each day after 8:30am (Monday to Friday) will be accepted. Applicants will receive an email confirming whether they've been successful.

The 'Tier 4 priority request' form can be downloaded here.

https://www.gov.uk/government/publications/form-for-tier-4-priority-applications



General Immigration Matters


Inspection of the handling of complaints and MP's correspondence

The Independent Chief Inspector of Borders and Immigration, David Bolt, has published his inspection of the handling of complaints and MP's correspondence.

The report made eight recommendations for improvement, as follows:
  1. Conduct a fundamental review of current guidance in relation to complaints handling and ensure this guidance is concise, unambiguous and practical.
  2. Sufficient management and/or quality assurance checks to be put in place to ensure that guidance is applied as intended, that investigations of complaints is both thorough and impartial, that responses deal with the substance of the complaint, and that remedies are appropriate.
  3. The complainant should be notified of their options should they remain dissatisfied after requesting a review of the handling of a complaint.
  4. To review the stated aim to respond to all complaints within 20 working days; and, either take steps to ensure it is achieved in 95% of cases or revise it to provide complainants with a realistic timescale for a response.
  5. To ensure that complaints are acknowledged in line with guidance and, where it is likely that the target for a substantive response will not be met, that complainants are notified and provided with regular updates.
  6. Ensure that the Complaints Management System (CMS) is used to track the full history of a complaint from receipt to resolution. A copy of the original complaint and the response should be kept on the system.
  7. Ensure that a thorough and fair investigation is conducted of all minor misconduct complaints, taking all reasonable steps, including checks against Home Office systems and records, to identify the subject of the complaint where this is in doubt.
  8. Retain ownership of complaints and responsibility for providing a substantive response within an appropriately resourced, dedicated correspondence team, to ensure compliance with guidance, greater consistency and better quality assurance.
The full report can be viewed here.

The Home Office response to the Inspector's findings and recommendations can also be viewed here.

Approved English Language tests (Other)

UK Visas and Immigration (UKVI) have published an updated list of tests and test centres approved by them to show that applicants have the required level of English for their visa.

The updated list can be downloaded here. 




Settlement in the UK (briefing by The Migration Observatory)

The Migration Observatory at the University of Oxford has published a briefing about how many non-European migrants are granted settlement in the UK every year, their demographic characteristics and various bases for their grants of settlement.

The key findings were as follows:

  • In 2014, there were 103,147 grants of settlement to non-EEA migrants. This was a 33% decrease from the previous year and the lowest number recorded since 1999.
  • In 2014, 38% of settlements were granted on the basis of employment and residency (including dependents of labour migrants), 32% were granted on the basis of family formation and reunification, 17% were granted on the basis of asylum, and 14% were granted for 'other discretionary reasons', many of which were linked to backlog asylum cases.
  • Grants of settlement on the basis of asylum have increased since 2008 but remain well below their mid-2000s peak. Grants for 'other discretionary reasons', including grants linked to a backlog of asylum cases, were a major factor behind the peak in overall settlement grants in 2010.
  • The most common countries of citizenship for migrants granted settlement in 2014 were India (17%) and Pakistan (13%).

The full briefing can be downloaded here.




Non-European Migration to the UK (briefing by The Migration Observatory)

The Migration Observatory at the University of Oxford has published a briefing examining the data on non-EU/EEA migration to the UK of people whose basis for entry to the UK is through ties to a family member.

The key findings were as follows:

  • Non-EU family migration increased from the 1900s to 2006, then declined between 2006 and 2012.
  • Asia remains the most common region of origin for non-EEA family migrants to the UK.
  • The majority of non-EEA family unification migrants were women.
  • More than 9 in 10 non-EEA migrants with permission to enter the UK as spouses or fiance(e)s are spouses (i.e. already married before they arrive).
  • Tier 1 and Tier 2 migrants bring the majority of dependents, per capita.
The full briefing can be downloaded here.


HR Immigration Services



Audits and Inspections


We have been providing audits/inspections of compliance for Tier 2/5 for the past 6 years. We have worked with numerous employers, including well-known brands, on Tier 2/5 and "right to work" requirements.

Our audit/inspection service is fully flexible and can be tailored to individual requirements. And our approach is based on sound practical experience of the reality of the UKVI system.

For employers, we offer inspections of Tier 2 compliance in whatever level of detail is required, as well as on-site inspections (which can be announced or unannounced to simulate a UKVI visit) of compliance with "right to work" checks and requirements.

Our audit/inspection service is fully flexible and can be tailored to individual requirements. And our approach is based on sound practical experience of the reality of the UKVI system.

On completion, we provide a comprehensive, evidence-based report together with an assessment of how well the institution or business is prepared to withstand scrutiny by UK Visas and Immigration. 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.

Contact us today to talk over any issues or concerns you have, confidentially and without obligation.
T: +44 (0)12 763 6011 
E: enquiries@hrimmigration.co.uk
W: www.hrimmigration.co.uk


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 under £600 regardless of the number of people attending so that the charge per person will generally be less than £100 without them having to spend the day away from the office.

We also offer an online review of employer right to work checks with a self-assessment.

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


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


Support for migrant projects


We are supporting MIGFUNDER, a crowdfunding platform dedicated solely to migration, refugee and human rights projects worldwode. Please see www.migfunder.com and share with your colleagues and networks.

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