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Tuesday, 23 March 2010

New rules for Tier 1 and Tier 2, and other changes to the Immigration Rules


18 March 2010
On 6 April the government will make significant changes to Tier 1 and Tier 2 of the points-based system. It will also amend the Immigration Rules covering asylum seekers, English language qualifications and marriage visas for members of the Armed Forces.
The government has accepted changes to Tier 1 recommended by the Migration Advisory Committee (MAC), and has set out details of how it will implement the MAC's recommended changes to Tier 2.
The changes include new points criteria for both tiers, a simpler route for very highly skilled workers without Master's degrees, greater flexibility for short-term transfers by multinational companies, and more protection against the use of such transfers to fill long-term vacancies that should go to resident workers.
The changes were announced today by Borders and Immigration Minister Phil Woolas, who said:
'We've always said that we would run our immigration system for the benefit of the UK, and that is what we are doing.
'The changes that we are making today will build on an already robust system which is now the envy of the world. A strength of the points-based system is the flexibility to predict and respond to events.
'By utilising the flexibility of the points-based system, we are now ensuring that only those that we need to come to the UK to work can do so.
'I will continue to ensure that immigration does not act as a disincentive for employers to employ and improve the skills of the British workforce.'
The changes are included in the latest Statement of Changes in Immigration Rules, which was laid before Parliament today.
The other changes to the Immigration Rules include:
  • revised provisions governing English language qualifications for migrants who are applying for permanent residence, to ensure that those relying on qualifications in English for Speakers of Other Languages (ESOL) will study at accredited colleges, and to clarify the progression that migrants are required to demonstrate before they can apply for permanent residence;
  • changes to prevent asylum applicants from claiming humanitarian protection if there are serious reasons for considering that they have engaged in undesirable behaviour;
  • clarified interview procedures for unaccompanied children seeking asylum;
  • removal of a requirement for asylum seekers to be asked to sign the interview record, as other safeguards are in place;
  • lowering the marriage visa age to 18 for serving members of the Armed Forces and their partners, recognising partners' role in supporting those on the front line and reflecting the unique circumstances in which the Armed Forces operate; and
  • adding Monaco to the Youth Mobility Scheme.
The Statement of Changes in Immigration Rules will be incorporated into a consolidated version of the Immigration Rules. You can find copies of all the Statements of Changes in Immigration Rules issued since May 2003 in thePolicy and law section of this website.
The changes will come into effect on 6 April and 7 April 2010. Applications that are made before the new rules come into effect will be considered under the rules in place on the date of the application.
Migrants who want to apply in person should note that the date of their application is the date when they go to the public enquiry office. Applicants should consider this when they book an appointment.
You can download a statement of policy setting out the changes to Tier 1 and Tier 2, and the written ministerial statement regarding changes to the Immigration Rules, from the right side of this page.

New Highly Trusted Sponsor Scheme for Tier 4 sponsors


22 March 2010
The UK Border Agency has launched the 'Highly Trusted Sponsor Scheme' for education providers under Tier 4 of the points-based system.
Tier 4 sponsors can apply for a Highly Trusted Sponsor licence from today, and the register of highly trusted sponsors will go live on Tuesday 6 April 2010.
Under the UK's points-based system for controlling migration, all sponsors are rated according to their track record and procedures for monitoring overseas students. We are now expanding and building on this rating process.
The new scheme is about immigration control, not academic achievement. To qualify as a highly trusted sponsor, an education provider must have a proven track record in recruiting genuine international students who comply with immigration rules while they are in the UK.
The scheme will cut red tape for sponsors who qualify. It will also allow us to monitor other sponsors more thoroughly, focusing our enforcement activity on those who seek to abuse the system. We will be applying minimum standards for all sponsors; where appropriate, we will suspend or revoke the licences of sponsors who fail to meet these standards.
Compared with other Tier 4 (General) sponsors, a highly trusted sponsor will be able to offer a wider range of courses to overseas students. It will also be offered new services and benefits, such as a dedicated account management function and a more flexible approach to reporting student non-attendance.
The Highly Trusted Sponsor Scheme section of this website contains more information about the scheme's benefits for sponsors, and explains how to apply.