Thursday 9 November 2017

Immigration Update - November 2017



WORKING IN THE UK


Tier 2 and 5 points based system sponsor licensing: maintenance

The Home Office (UKVI) have published revised guidance to Tier 2 and 5 sponsors on how they deal with post-licence changes, including how UKVI reviews and monitors sponsors' activities.

The guidance now includes a section on making a licence 'dormant', and when this action is appropriate.

A licence may be requested to be made 'dormant' when the sponsor's migrants become the responsibility of another company as a result of takeover action. In these circumstances, the 'old' licence must be made dormant.

Further information about how to make a licence 'dormant' can be viewed in the guidance here.




Tier 5 (Youth Mobility Scheme) - updated guidance for applicants 

The Home Office (UKVI) has published updated guidance to visa applicants who are applying under the Tier 5 (Youth Mobility Scheme) category of the points-based system.

The latest guidance can be viewed here. The guidance for caseworkers about how they consider applications under this category has also been updated and can be viewed here.

https://www.gov.uk/government/publications/guidance-on-visa-applications-under-tier-5-youth-mobility-scheme




Business representatives of overseas companies

UKVI have updated their caseworker guidance about representatives of overseas businesses who are being posted to the UK to establish a branch or subsidiary of that company and representatives of overseas media organisations being posted to the UK on a long-term assignment.

The updated guidance can be viewed here.

https://www.gov.uk/government/publications/representatives-of-overseas-businesses





Employer sponsorship: restricted certificate allocations (October)

The Home Office have published a list of the restricted certificates allocated for employer sponsorship in Tier 2 (General) for October 2017.

All valid applications received by 5th October were successful if they scored at least 21 points.

The total number of restricted certificates granted in October was 2,182. There is a total of 1,531 certificates of sponsorship available for allocation in November 2017.

You can view further information here.

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



Applications for leave to enter or remain in the UK under Tier 2

The guidance for people applying for leave to enter or remain in the UK under Tier 2 of the points-based system has been updated.

Guidance (page 116) has been added relating to actions to take when an applicant falls for refusal due to an expiry date that has passed.

The updated Tier 2 policy guidance can be viewed here.







STUDYING IN THE UK

Short-term migration in the UK (Studying in the UK)

The Migration Advisory Committee (MAC) has published a briefing on Short-Term migration in the UK.

The key points in relation to studying in the UK were as follows:

  • In the year to June 2015, 69,000 people came for short-term reasons, which was a decrease from 87,000 the year before.
  • 23% of 3-12 month short-term migrants came here for study purposes.
  • Newham was the top local authority in terms of the number of 3-12 month short-term migrants for study or work in YE mid-2015, followed by Manchester and Birmingham.
     You can read the full briefing here.




    Inclusion of international students in annual migration target - Mayor of London

    The Mayor of London, Sadiq Khan, has called for international students to be removed from the annual migration target and for the non-EU visa system to be reformed.

    Further information about this can be read here.

    https://thepienews.com/news/intl-students-visa-delays-university-intake/ 







    OTHER IMMIGRATION NEWS


    EU citizens in the UK

    Ahead of the EU Council, the Prime Minister, Teresa May, has written directly to EU citizens living in the UK. In this, she reiterates that citizen's rights are her first priority.

    You can view the Prime Minister's letter to EU citizens here.






    Retired persons of independent means

    The guidance for UKVI caseworkers on how they decide applications by retired persons of independent means and their dependants has been updated.

    The new version reflects changes to the relevant application forms, as well as correcting an error relating to the overstaying rules which were amended in the 24 November 2016 Immigration Rules changes.

    You can view the updated guidance here.

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/656318/retired-persons-of-independent-means-v11.pdf



    Immigration status checks: guidance for banks and building societies 

    The guidance for banks and building societies on carrying out immigration status checks on current account holders and applicants has been updated by the Home Office.

    The updated guidance can be viewed here. Further information on immigration status and current accounts can also be viewed here.

    VERISTAT 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 half-day rate for up to a maximum of 12 persons per session attending.

    If you think your organisation would benefit from training in any of these areas, please email enquiries@veristat.co.uk for a quote.

    If you would like to discuss the contents or format of our training sessions, or require a bespoke training package delivered, please either call us on 01344 624016 or email us at enquiries@veristat.co.uk.


      Audits and Inspections

      Veristat is 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 worker with over 30 universities and a significant number of colleges and schools.

      Our audit/inspection service is full 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 service ranges 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 support the introduction of change if required and offer a 'spot check' follow up service at a later date if required to reassure management that recommendations have been implemented.


      If you're interested in booking an audit/inspection, please call us on 01344 624016 or email us at enquiries@veristat.co.uk.



      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 files or an agreed sample. After the inspection has taken place, we would provide a written report outlining any risks, feedback and recommendations.

      If you would like a quote for a file inspection day, please email enquiries@veristat.co.uk or call 01344 624016.


      Presentations for European nationals (Brexit)

      We can also 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 employees, outlining their position now, and the likely situation they may find themselves in following Brexit. These practical sessions are designed to clarify the situation and more importantly their options going forwards.

      If you're interested in booking a session for the European nationals working for you, please call 01344 624016 or email enquiries@veristat.co.uk.




      To download this month's update as a PDF document, please go to the following URL then save this:

      http://www.veristat.co.uk/CMS/FILES/Monthly_Update__November_2017.pdf