Students

Tier 4 deadline for sponsor applications nears

Updated by Gherson on Thursday 29 January 2009. All Articles | Featured Articles | Students | Visa Services

The UK Border Agency (UKBA) has announced that Tier 4 of its “points based system” will become operational at the end of March 2009.

Tier 4 will replace the current immigration rules relating to people wishing to come to the UK as students. In common with Tiers 2 and 5 of the points based system applicants under Tier 4 must be sponsored – in their case by a licensed education provider.

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Refusals based on failure to register with the police

Gherson is aware of an increasing number of refusals of applications made by people from within the United Kingdom to “vary” their existing leave to remain (either by extending their leave to remain in the same immigration category or by switching into a different category) where the refusal is because the applicant has failed to register with the police.

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New Rules for Foreign Students

Updated by Gherson on Thursday 6 November 2008. All Articles | Students

The Home Office has announced that new rules relating to foreign students (i.e. non European Economic Area nationals) will be rolled out from March 2009. All universities and colleges that wish to recruit foreign students will require a sponsor licence and all students will require a licensed sponsor. These new stricter rules are designed to protect the UK's labour market and ensure that students and their educational establishments are legitimate and adhere to these new legal requirments. For example, under these new rules, before students can apply to study in the UK, they will need to:

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UKBA Sponsor Licence guidance to be reviewed following Gherson intervention

SPONSOR LICENSING IN THE CONTEXT OF PREVENTION OF ILLEGAL WORKING MEASURES - SECTION 8 ASYLUM AND IMMIGRATION ACT 1996 (PROSECUTION) AND SECTIONS 15 TO 21 IMMIGRATION, ASYLUM AND NATIONALTY ACT 2006 (CIVIL PENALTIES AND PROSECUTION)

INTRODUCTION

1) On 29 February 2008 the Government opened the Register of Sponsors for employers wishing to apply for a Sponsor Licence. A licence will enable them to sponsor skilled migrant workers when Tier 2 of the Points Based System becomes operational, currently scheduled for Autumn 2008. The Government intends that Tier 2 will replace the current work permit system in its entirety.

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Tiers 2 and 5 - deadline to apply for Sponsorship Licences approaches

Yesterday (13-8-2008) the United Kingdom Borders Agency (the “UKBA”) announced that both Tier 2 (skilled workers) and Tier 5 (temporary workers) of the points based system are to become live in November of 2008.

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Tier 4 (Students) Statement of Intent published

Updated by Gherson on Friday 8 August 2008. All Articles | Featured Articles | Working for UK Employers | Students | Visa Services

On 30 July 2008 the UK Borders Agency (the “UKBA”) published its statement of intent regarding Tier 4 of the points based system. Tier 4 will replace the current immigration rules under which people can apply to the UKBA to enter or remain in the UK in order to study.

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Students can change courses after arrival in the UK

Updated by Gherson on Friday 4 July 2008. All Articles | Featured Articles | Students | Settlement | Visa Services

In GO v Secretary of State for the Home Department [2008] EWCA Civ 747 the Court of Appeal has overturned the Asylum and Immigration Tribunal’s interpretation of the immigration rules concerning students’ obligations regularly to attend and to make satisfactory progress on their “courses of study”

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Points based system - special time limited arrangements for people already in the UK

In the most recent measure announced with respect to its Points Based System the UK Border Agency has announced that people currently in the United Kingdom in specific immigration categories which will be deleted as the Points Based System is implemented may complete their leave to remain under the existing terms of that leave. If they apply successfully to extend their leave in their existing categories they will be granted enough further leave to remain to entitle them to apply for settlement in the UK at the expiry of that further leave to remain.

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ID cards for foreign nationals - government sets out agenda

Updated by Gherson on Monday 10 March 2008. All Articles | Featured Articles | Working for UK Employers | Students | Settlement

As part of the BIA (the Border and Immigration Agency)’s delivery of its Borders, Immigration and Identify Action Plan which was launched in December of 2006 - on 6 March 2008 the Minister of State for Borders and Immigration Liam Byrne issued the government’s policy statement Introducing compulsory identity cards for foreign nationals. The document sets out the government’s plans to require all foreign nationals to possess identity cards. It pledges that by 2014/15 90% of foreign nationals will have identity cards.

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Highly skilled migrants - Tier 1: Government announces details

The Border and Immigration Agency (the “BIA”) has published its “statement of intent” regarding Tier 1 of its Points Based System. Tier 1 is due to be implemented in the first quarter of 2008.

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