New policy guidance following Pankina judgments

23 July 2010

The UK Border Agency has issued new policy guidance following the judgments in the cases of Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719.

The guidance affects migrants under all tiers of the points-based system whose applications were refused solely because they failed to meet the maintenance (funds) requirements, and who unsuccessfully applied:

• from outside the UK between 23 June and 22 July 2010 inclusive; or
• from inside the UK (at a time when they had lawful status in the UK) on or before 22 July 2010.

The new policy guidance, which you can download from the right side of this page, explains how these applicants can request a review of their refusal.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/pbs-pol-guid-maintenance.pdf

Secure English language tests to be introduced for Tier 4 students

22 July 2010

On 12 August 2010 the UK Border Agency will implement secure English language tests for students under Tier 4 (General) of the points-based system.

If a Tier 4 (General) student will be studying a course that is below NQF Level 6 (except a Foundation Degree or an English language course), using a confirmation of acceptance for studies (CAS) issued on or after 12 August 2010, their Tier 4 sponsor must ensure that they are competent in English language at a minimum of level B1 on the Common European Framework of Reference (CEFR) by showing that they:

• are from a majority English-speaking country (as listed on the Can you apply to Tier 4 (General)? page; or
• have successfully completed a course as a Tier 4 (Child) student (or under the student rules that were in force before 31 March 2009, if they were granted permission to stay while they were under 18 years old) which lasted at least six months and ended no more than two years before the date when the CAS is assigned; or
• have passed an English language test with an approved test provider for Tier 4, and has achieved at least CEFR level B1 in all four components (reading, writing, speaking and listening). You can download a list of approved test providers from the right side of this page.

Full details of these changes to the English Language requirement will be set out in revised Tier 4 policy guidance and sponsor guidance, which will be published on Friday 23 July. We will provide links to both these documents from this page when they are published.

Today we are also announcing four other important changes to Tier 4 of the points-based system, some of which come into effect tomorrow.

Changes to Tier 4 of the points-based system

22 July 2010

The UK Border Agency is making a series of important changes to the student tier (Tier 4) of the points-based system.

Level of English language study

Following the judgment made in the Judicial Review case brought by English UK, we have today made a further amendment to the Immigration Rules setting out the minimum levels of study permitted for different course types under Tier 4.

From 23 July 2010, the minimum level of English language course that will be permitted under Tier 4 will be level B2 of the Common European Framework of Reference, restoring the position in place before the judgment was handed down.

The exemptions to the minimum level, which applied previously to government-sponsored language students and those undertaking a pre-sessional English language course before pursuing a degree course, remain in place.

Students applying to change to a different education provider

From 23 July 2010, existing Tier 4 students who want to change to a sponsor with a Highly Trusted Sponsor (HTS) licence will be able to begin their new course of study, at their own risk, while they are waiting for the UK Border Agency to make a decision on their application to change sponsor.

Students applying to change to an A- or B-rated sponsor are not permitted to begin their new course of study until they receive a positive decision from us on their application to change sponsor. To avoid unnecessary delays in beginning a course, we have put processes in place to prioritise applications made by students who want to change to A- or B-rated sponsors.

US student loans

A recent change in legislation in the USA has altered the way that the US government processes student loans. From 1 July 2010, UK institutions participating in the William D Ford Federal Direct Loan Programme (administered by the US Department of Education) will be authorised to offer Federal Direct Loans to students coming from the USA to study in the UK. The US Department of Education has also contacted UK institutions involved in this programme.

This change will affect migrants who want to study under Tier 4 of the points-based system. A template letter has been agreed for use under this programme; a copy of this template letter is being sent to all sponsors today. Tier 4 sponsors participating in the programme must use this template when authorising loans to prospective students from the USA, so that the student can submit an application for entry clearance to the UK.

Students with International Baccalaureate qualifications

We are aware that students relying on International Baccalaureate qualifications awarded on 5 July 2010 will not be issued with a paper transcript giving their results, and will not receive their award certificates in time to apply for university courses starting in September this year.

To enable these students to apply under Tier 4, we have made provision to accept applications made by students relying on an International Baccalaureate qualification, but who have not received their original award certificate. Further information about this is available in our the current Tier 4 policy guidance.

Secure English language tests

The requirement for sponsors to assess prospective students' competence in the English language will change on 12 August 2010. To find out more about this change, see our Secure English language tests news story.

Further information about all of the above changes will be set out in revised Tier 4 policy guidance and sponsor guidance, which will be published on Friday 23 July. We will provide links to both these documents from this page when they are published.

Home Office confirm UK migration limit

THIS POST WAS WRITTEN BY CHARLES KELLY ON JUNE 28, 2010
POSTED UNDER: NEWS

The number of non-EU workers entering the UK will be controlled by a new limit, the Home Secretary announced today.

Home Office boss Theresa May confirmed leaked reports this weekend that ‘net migration will be scaled back to the levels of the 1990s – with the effect that it will be in the tens of thousands rather than hundreds of thousands’. Introducing a limit on migrants from outside Europe coming here to work is just one of the ways the government intends to achieve this.

Details of how the final limit will be delivered will be agreed following a 12-week government consultation with businesses. In the meantime, an interim limit will be introduced to ensure that there is no ‘closing down sale’ and the number of work visas issued stays below 2009 levels.

The results of the consultation on the permanent limit will pave the way for the government’s fundamental changes on the way in which workers from outside the European Union (EU) will be chosen to come and work in the UK.

The Home Secretary has also asked the Migration Advisory Committee, the government’s independent adviser on migration issues, to launch a separate consultation into what level the limit should be set at, taking into account social and economic impacts.

Theresa May said:

‘This government believes that Britain can benefit from migration but not uncontrolled migration. I recognise the importance of attracting the brightest and the best to ensure strong economic growth, but unlimited migration places unacceptable pressure on public services.

‘While we consult on our tough new limit it’s important we have an interim measure to avoid a “closing down sale” for migrants and ensure that the number of work visas issued stays below 2009 levels.

‘The government will also introduce measures to support British people. Alongside limits will be action to get Britain back to work and provide business with the skills they need from the resident workforce – reducing the need for migrants at the same time as we reduce their number.’

The government’s consultation will run until the end of September. Permanent limits on non EU economic migration routes will then be decided and put in place by 1 April 2011.

To avoid large numbers of applications between now and April next year, the government will impose an interim limit which will take effect from 19 July 2010. The interim limits will ensure the number of visas issued under Tiers 1 and 2 of the points-based system are below that issued in 2009.

These interim measures include:

• capping the number of Tier 1 migrants at current levels and raising the number of points needed by non-EU workers who come to do highly skilled jobs from 95 to 100; and
• limiting the number of certificates of sponsorship that licensed employers can issue to those who wish to come to fill skilled job vacancies. This will reduce the number of people entering through Tier 2 by 1,300.

The Home Secretary added:

‘The government promised large-scale change to Britain’s immigration system – and that is what we are delivering. Alongside the limit on non EU migrant workers, we have already introduced a requirement that those coming here to marry learn English, and our urgent review into child detention for immigration purposes is under way.’