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IMMIGRATION NEWS AND UPDATES
Government outlines overhaul of student visas
22 March 2011
From April 2012, any institution wanting to sponsor students will need to be classed as a Highly Trusted sponsor, and will need to become accredited by a statutory education inspection body by the end of 2012. The current system does not require this, and has allowed too many poor-quality colleges to become sponsors.
Students coming to study at degree level will need to speak English at an 'upper intermediate' (B2) level, rather than the current 'lower intermediate' (B1) requirement.
UK Border Agency staff will be able to refuse entry to students who cannot speak English without an interpreter, and who therefore clearly do not meet the minimum standard.
Students at universities and publicly funded further education colleges will retain their current work rights, but all other students will have no right to work. Restrictions will be placed on work placements in courses outside universities.
Only postgraduate students at universities and government-sponsored students will be able to bring their dependants. At the moment, all students on longer courses can bring their dependants.
The overall time that can be spent on a student visa is 3 years at lower levels (as it is now) and 5 years at higher levels. At present, there is no time limit for study at or above degree level.
The Tier 1 (Post-study work) route, which allows students 2 years to seek employment after their course ends, will be closed. Only graduates who have an offer of a skilled job from a sponsoring employer under Tier 2 of the points-based system will be able to stay to work.
Source: UK Border Agency
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/march/54-student-visas
Senior Carer post to be removed from the Shortage Occupation List
14 March 2011
Skilled senior care worker post is one of the job titles to be removed from the shortage occupation list to bring it in line with the Migration Advisory Committee's (MAC) recommendations on graduate-level jobs under Tier 2. MAC is the body setup by the Government to study immigration levels in the UK.
The MAC has recommended removing job titles including skilled senior care worker, high integrity pipe welder, skilled meat boner and skilled meat trimmer. However, the recommendation for the removal of the skilled senior care worker will not affect care home managers and nurses working in care homes as these occupations are level NQF4 and above.
Following MACs recommendations, on 14 March 2011, the Government has confirmed that 8 occupations will be removed from the shortage occupation list of the Points-Based System. If an occupation is on the shortage occupation list, this means that there are not enough resident workers in the UK to do the available jobs in that occupation. It also means that it is easier for an employer to employ a migrant under Tier 2 because prior advertising or resident labour market test would not be mandatory. It is believed that removal of the 8 occupations will reduce the number of jobs available to migrants under the list from 500,000 to around 230,000. It is estimated that, of the 8,400 certificates of sponsorship issued in 2010 to workers on the shortage occupation list, 65 per cent would not have qualified under the new criteria.
According to the Immigration Minister Damian Green, 'These changes to the shortage occupation list will ensure that only skilled workers are coming to the UK through Tier 2 of the points-based system. It will allow firms to bring in people with necessary skills without migrants becoming the first resort to fill a wide range of available jobs.
'This government is also determined to get people back to work and provide business with the skills they need from the British workforce - reducing the need for migrants at the same time as we reduce their number.'
The MAC is now conducting a review of the shortages across the entire labour market and has called for evidence to support its consideration from its corporate partners or interested parties by 10 June 2011.
Government outlines visa reforms for workers
16 February 2011
New details of the government's radical changes to the work visa route were unveiled by the Home Office today, as it laid out the criteria for its annual limit.
This shake up is part of the government's new annual limit on non-EU workers, which will take effect on 6 April. At the end of last year the Home Office announced that 20,700 visas will be made available to skilled workers applying through Tier 2 of the points-based system, as well as 1,000 visas under a new exceptional talent route.
Under the new system, employers will have to apply for a certificate of sponsorship from the UK Border Agency for a specific post if they wish to bring someone to the UK - this is a change from the current system which gives businesses an annual allocation.
The government has also announced that employers filling a vacancy that attracts a salary of £150,000 or more will not be subject to the limit on the number of certificate of sponsorship that may be allocated.
The annual limit of 20,700 certificate of sponsorship will be divided into 12 monthly allocations. Due to the likely demand in the first month, 4,200 certificate of sponsorship will be made available in April. After that the limit will be set at 1,500 places per month. Any places that are unused each month will be rolled over to the following month.
In the event that the monthly allocation is over subscribed, certificate of sponsorship applications will be ranked using a points system designed to favour jobs on the shortage occupation list, scientific researchers and those with a higher salary. Once a certificate of sponsorship has then been granted to an employer it must be assigned to the prospective employee within 3 months.
Workers from outside the EU who want to come to the UK will need to have a graduate level job, speak an intermediate level of English, and meet specific salary and employment requirements.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/february/42-government-outlines-visa
Extended student visitor visa for migrants studying English language courses
14 December 2010
From 10 January 2011, English language students wishing to attend exclusively English language courses will be able to apply for a student visitor visa allowing them to stay for up to 11 months. The extended student visitor visa will only be available to applicants outside the UK.
Students wishing to study other courses in the UK for longer than 6 months will still need to apply under Tier 4 of the points-based system.
If you are a 'non-visa-national' who does not normally need a visa to study for up to 6 months, you must apply for the extended visa if you wish to take a longer English language course.
The extended student visitor visa's other requirements, entitlements and restrictions are the same as those for the current student visitor route. The student visitor route does not allow students to work, take a work placement, bring dependants, extend their stay or switch into other courses at the end of their stay.
The fee for an extended student visitor visa will be the same as for a student visitor visa.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/dec/34-extended-student-visitor-visa
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