Immigration News: July 2017

 

Working in the UK


Restricted certificate allocations (June 2017)

The restricted certificates allocation for June 2017 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).

A total of 2,005 CoS were granted in June 2017. There are 2,321 CoS available for allocation in July 2017.

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

 

 

Tier 2 or 5 sponsor guidance

A correction has been made to paragraph 28.21 of the Tier 2/5 Sponsor Guidance to reflect a change made to the Immigration Rules in April.

Paragraph 28.21 of the guidance refers to the exceptions for advertising online to settled workers through the Jobcentre Plus Universal Jobmatch service.

The updated guidance (v.05/17) can be viewed here.

https://www.gov.uk/government/publications/sponsor-a-tier-2-or-5-worker-guidance-for-employers

 

 

Guidance on applications under Tier 5 (Temporary Worker)

The guidance on UKVI's policy on applications for leave to enter or remain under the Tier 5 (Temporary Worker) category has been updated. This guidance is to be used by those applying on or after 21 June 2017.

The updated guidance can be viewed here.

https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-under-tier-5-temporary-worker

 

UK government's policy paper on the UK's exit from the European Union - EU nationals working in the UK or coming to the UK to work

Theresa May has outlined the government's proposals for safeguarding the position of EU citizens living in the UK and the UK nationals living in the EU.

The key proposals about EU/EEA and Swiss nationals working in the UK are as follows:

• EU citizens and their families lawfully resident here prior to the UK's departure from the EU, will be able to continue to work under the blanket permission period.
• Once a residence document has been obtained, the blanket permission for that individual will automatically expire and be superseded by the individual's residence permission.
• EU citizens arriving before the specified date, who do not have five years' residence at the time of the UK's exit but who remain legally in the UK on a pathway to settled status will continue to be able to access the same benefits that they can access now - broadly equal access for workers/the self-employed and limited access for those not working.

The policy paper can be viewed here. UKVI have also updated the information on their website for EU nationals living in the UK, which can be viewed here.

https://www.gov.uk/government/publications/safeguarding-the-position-of-eu-citizens-in-the-uk-and-uk-nationals-in-the-eu/the-united-kingdoms-exit-from-the-european-union-safeguarding-the-position-of-eu-citizens-living-in-the-uk-and-uk-nationals-living-in-the-eu#a-new-status-in-uk-law

  

 

Proposals for fewer visa restrictions post-Brexit - London First

The business group, London First, is proposing that there is a long "transition phase" of up to six years introduced after the UK leaves the EU to allow a sufficient number of overseas workers to fill jobs in industries, such as engineering.

Further information can be viewed here.

http://londonfirst.co.uk/business-puts-forward-plans-for-new-post-brexit-immigration-approach/

Studying in the UK


Sponsorship duties - updated guidance

UKVI have updated the sponsor guidance for educators, clarifying the conditions in which a student is able to change from the course they are currently studying to an alternative course, without first completing their current course.


The updated guidance states that a student who applied between 6 November 2014 and 5 April 2016 can only change from their current course without getting permission from UKVI if:

• There is academic progression from the course the student completed during their last period of Tier 4 (General) Student or Student leave; and
• The new course is at the same or higher level than the current course; or 
• The course is at a lower level, provided the conditions and requirements of their permission to stay (except those relating to maintenance and academic progression) are the same as they would be if they made an application for the new course (instead of their current course) under the current Rules.

 The updated guidance can be viewed here.

http://www.gov.uk/government/uploads/system/uploads/attachment_data/file/617528/Tier_4_Sponsor_Guidance_-_Document_2-Sponsorship_Duties_June17.pdf




Guidance on applying for a Tier 4 student visa

UKVI have published revised guidance for those applying for leave to enter or remain as a Tier 4 student.

The key change is as follows:

• A clarification has been made about the evidence of maintenance that a Tier 4 (General) student needs to show if they have paid all or some of their accommodation fees to their Tier 4 sponsor before making their application. Those students staying in university, college or independent school arranged accommodation are only able to deduct up to £1,265 from the total amount of money they need to show for living costs. UKVI recently clarified that this paragraph refers to Tier 4 (General) students only. Tier 4 (Child) students who are boarding in independent school accommodation are permitted to deduct the full amount of accommodation costs already paid to their sponsor for accommodation from the total maintenance they are required to show when applying for their visa.

The updated guidance can be viewed here.

https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-4-student




UK government's policy paper on the UK's exit from the European Union - EU nationals already studying in the UK or coming to the UK to study

Theresa May has outlined the government's proposals for safeguarding the position of EU citizens living in the UK and UK nationals living in the EU.

The key proposals about EU/EEA and Swiss nationals studying in the UK are as follows:

• To respect and maintain the existing rights and arrangements for qualifying EU citizens who arrived in the UK before a specified date (to be agreed) and who will study here.
• To ensure UK universities continue to attract and encourage EU students to continue to choose UK universities.
• To help provide certainty for EU students starting courses as the UK's exit is implemented.
• Current EU students and those starting courses at an English university or further education institution in the 2017/18 and 2018/19 academic years will continue to be eligible for student support and home fee status for the duration of their course.
• EU citizens will also remain eligible to apply for Research Council PhD studentships at UK institutions during the 2017/18 and 2018/19 academic years.

The policy paper can be viewed here. UKVI have also updated the information on their website for EU nationals living in the UK, which can be viewed here.

https://www.gov.uk/government/publications/safeguarding-the-position-of-eu-citizens-in-the-uk-and-uk-nationals-in-the-eu/the-united-kingdoms-exit-from-the-european-union-safeguarding-the-position-of-eu-citizens-living-in-the-uk-and-uk-nationals-living-in-the-eu#a-new-status-in-uk-law





General Immigration Matters

UK government's policy paper on the UK's exit from the European Union (Other key proposals)

Theresa May has outlined the government's proposals for safeguarding the position of EU citizens living in the UK and the UK nationals living in the EU.

Other key proposals about EU/EEA and Swiss nationals are as follows:

• Until the UK's exit from the EU, EU citizens resident in the UK will continue to enjoy the rights they have under EU Treaties. After the UK's exit from the EU, new rights in UK law will be created.
• Qualifying EU citizens will have to apply for residence status. There are plans to modernise and simplify the administrative process.
• All qualifying EU citizens will be given adequate time to apply for their new residence status after the UK's exit from the UK.
• EU citizens who arrive and become residence before the year to be agreed specified date but will not have accrued five years' continuous residence at the time of the UK's exit will be able to apply for temporary status in order to remain resident in the UK until they have accumulated five years, after which they will be eligible to apply for settled status.
• Family members who join a qualifying EU citizen in the UK before the UK's exit will be able to apply for settled status after five years (including where the five years falls after the UK's exit). Family members joining after the UK's exit will be subject to the same rules as those joining British citizens or alternatively to the post-exit immigration arrangements for EU citizens who arrive after the specified date.
• EU citizens with settled status will continue to have access to UK benefits on the same basis as a comparable UK national under domestic law.
• The government is carefully considering a range of options as to how EU migration will work for new arrivals post-exit and will publish proposals as soon as possible.

The policy paper can be viewed here. UKVI have also updated the information on their website for EU nationals living in the UK, which can be viewed here.

https://www.gov.uk/government/publications/safeguarding-the-position-of-eu-citizens-in-the-uk-and-uk-nationals-in-the-eu/the-united-kingdoms-exit-from-the-european-union-safeguarding-the-position-of-eu-citizens-living-in-the-uk-and-uk-nationals-living-in-the-eu#a-new-status-in-uk-law

Brexodus? Migration and uncertainty after the EU referendum - EU nationals working in the UK (commentary by The Migration Observatory at the University of Oxford)

The Migration Observatory at the University of Oxford has published a commentary on migration to and from the UK since the EU referendum.

The key findings about working in the UK were as follows:

• Annual net migration fell by 25% to 248,000 in 2016 compared to 332,000 in 2015. This was mainly due to a decline in EU net migration, which resulted from a fall in immigration and an increase in emigration of EU citizens. Changes to non-EU net migration over the same period were not statistically significant.
• The net decline in EU migration was not the same for all groups of EU migrants. The decrease was more evident from "A8" countries that joined the EU in 2004 - such as, Poland, Latvia, Lithuania, Estonia, Hungary, the Czech Republic, Slovakia and Slovenia.
• The decline in EU net migration might be linked to the strength of the currency. Lack of clarity about long-term rights of residence and the increasing strength of other European economies, may also have contributed to this decline. 
• In the first quarter of 2017, the number of EU migrants registering for NINos from both older member states and the accession countries declined in comparison to the same period for 2016.
• Since the Brexit referendum, the number of A8 born workers in the British labour market has levelled off.
• There have been reports that some sectors that have previously relied on lower-skilled or lower-paid EU migrant or seasonal workers - such as agriculture - are struggling to fill vacancies.
• Employers have expressed concerns about the difficulties recruiting staff from the EU. For instance, the Nursing and Midwifery Council (NMC) reported a decrease in the number of EU-trained nurses registering to work in the UK.

The full commentary can be viewed here.

http://www.migrationobservatory.ox.ac.uk/resources/commentaries/brexodus-migration-and-uncertainty-after-the-eu-referendum/





HR Immigration Services

Training for employers and education providers

We provide bespoke training on all aspects of immigration matters, including Right to Work, Tier 2 sponsorship, Tier 4 sponsorship, and identification of fraudulent documents.

These training sessions are conducted on the client's premises for a standard charge of £680  (for up to a maximum of 12 persons attending). 

*All prices are subject to VAT.

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

 

 

 

Presentations for European nationals (Brexit)

We provide sessions targeted at European nationals currently living and working in the UK. We can come to your premises and speak directly to your EU/EEA and Swiss staff, outlining their position now, and the likely situation they may find themselves in following Brexit. These are practical sessions designed to clarify the situation and more importantly their options moving forwards.

If you're interested in booking a session for the European nationals working for you, please email us at enquiries@hrimmigration.co.uk

Audits and Inspections

We are hugely experienced at providing compliance audits across all immigration tiers. We have worked with hundreds of employers ranging from small, family businesses to multi-nationals, high street retailers and professional sports clubs. In the education sector, we have also worked with over 30 universities and a significant number of colleges and schools.

Our audit/inspection service is fully flexible and can be tailored to individual requirements, and is based on sound practical experience of UKVI's policies, culture and approach.

- For employers, we offer on-site Tier 2 compliance inspections (with staff aware, or unaware to simulate a surprise UKVI visit). We also offer right to work compliance visits.

- For education providers our services range from a "lite" health-check to a comprehensive review of Tier 4 activities, assessing compliance with UKVI requirements and sharing best practice. We also offer targeted inspections covering specific issues, such as BCA, policies, relationships with partner institutions, etc. 


On completion, we provide a comprehensive, evidence-based report together with an assessment of how compliant the business or institution is with UKVI's requirements. 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.

File Inspection Days

If you're unsure whether you require a full compliance audit or specific training, but would like an independent check of your files to ensure they are fully compliant with Home Office requirements, we can provide a UKVI file compliance inspection of either your staff or student files.

Depending on the number of employees/students you have, we would either check all the files, or an agreed sample. After the inspection has taken place, we would provide a written report outlining any risks, feedback and recommendations. For further information or a quote for our file inspection days, please email enquiries@hrimmigration.co.uk

Contact us today for further information about any of our services or to talk over any issues or concerns you have, confidentially and without obligation.

T: +44 (0)1344 624016
E: enquiries@hrimmigration.co.uk
W: www.hrimmigration.co.uk