NEWS & Updates


15 August 2008
Employers told to prepare for points-based system


The UK Border Agency called business to action today through the launch of a new TV advert designed to help prepare them for the introduction of the Government's new route for skilled migrant workers going live in November.

Under the Government's new Australian-style Points-Based System businesses wanting to employ skilled foreign workers from outside Europe and sponsor their entry to the UK must apply for a licence.

The Agency is committed to supporting industry through the introduction of the rules to ensure legitimate businesses do not fall foul of the new regime and only those with the skills the country needs will be able to work or study here and no more.

The advert, which depicts a man being forced to jump over hurdles before being considered for entry to the UK, sends a clear message that those that do not play by the rules will not get in - businesses that want to hire illegal workers face huge fines and being barred from hiring workers from outside the EEA.

UK Border Agency Chief Executive Lin Homer said:

"The Points-Based System is one of the biggest shake-ups to the immigration system in a generation ensuring only those with the skills we need will be able to work or study here and no more.

"Our message to businesses is loud and clear - if you want to employ foreign workers from outside the EEA, you need to apply now for a sponsor licence. Business benefits from migrant labour but must join us in helping crack down on illegal working and ensure a system which is both firm and fair."

Earlier this year the Home Office unveiled the criteria which businesses will have to meet to become a sponsor under the Points-Based System. These are that:

* any business must register with the Agency as a sponsor before they can bring foreign workers from outside the EEA into the UK to work; and
* as a condition of keeping their licence, sponsors will need to alert us if migrants do not comply with their immigration conditions - for example if they disappear or do not turn up for their job or course. Any sponsor that does not comply with this requirement will risk losing its licence.

Most businesses using Tier 2 have been able to register as sponsors since February this year, with all remaining sponsors being able to apply since late July. From November, those who register successfully will be able to sponsor new foreign workers to work in the UK or support those already in the UK who want to stay.

To get in under Tier 2 (General) skilled foreign workers must have:

* enough points through their qualifications and potential earnings;
* a good grasp of English language; and
* enough money to support themselves for the first month of their stay.

The new Points-Based System is just one part of the biggest shake up to immigration and border security in 45 years, along with fingerprint visas for anyone wanting to come to the UK and compulsory ID cards for foreign nationals.

13 August 2008
Points-based system - service standards for tiers 2 and 5

This year we began the roll out of the new points-based system - the biggest shake up of the immigration system for 45 years. At the end of November we will be launching the skilled worker tier (tier 2) and the temporary worker tier (tier 5).

Under the points-based system, employers will need a sponsor licence to bring in skilled or temporary workers from outside the EEA or Switzerland.

Today we are publishing our service standards for applications under the points-based system. The service standards cover applications under tiers 2 and 5. We want to give businesses certainty about:

* when they need to apply for a licence;
* how long it will take us to deal with their licence application; and
* how long it will take us to deal with subsequent applications from the migrant they intend to employ to enter the United Kingdom.

Applications after 1 April 2009

From 1 April 2009, we will aim to process all licence applications in a maximum of four weeks. We will also aim to deal with migrant's applications to enter the United Kingdom in a maximum of four weeks.
Applications before 1 April 2009

To take account of the higher volumes of licence applications we will need to deal with in the transition to the new system, we need to set slightly longer timescales for applications between now and 1 April 2009.

Employers who want to be able to issue certificates of sponsorship to migrant workers when tiers 2 and 5 open to migrant applications at the end of November 2008 should apply for a sponsor licence as soon as possible. You must apply no later than 1 October 2008.

Once tiers 2 and 5 have opened to migrant applications, we will aim to process applications for a sponsor licence in a maximum of six weeks. We will also aim to deal with migrant's applications to enter the United Kingdom in a maximum of six weeks. We will then move to the four week standard set out above from 1 April 2009.

All the service standards above assume that employers are able to host a visit from us, should one be necessary, within one week of us getting in touch with them. If this is not possible, it may lead to a delay in processing the application.

These standards are designed to give businesses assurances around the maximum processing times for applications. We will endeavour to deal with applications more quickly where possible. Timely applications by employers and migrants will help us to ensure that employers' business needs can be met.

30 July 2008
Strict new rules for foreign students


Foreign students hoping to come to the UK to study will have to meet strict new criteria, the Government announced today.

The Home Office has published proposals for much tighter rules for foreign students - and the universities and colleges hosting them - under the student tier of its new Points Based System.

All colleges and universities that want to recruit foreign students will now need a licence to do so and will have to take greater responsibility for their international students, helping Government crack down on bogus colleges who abuse the system. For the first time education providers face a ban on bringing over international students if they fail to follow strict new rules - including alerting the UK Border Agency (UKBA) if students fail to enrol.

Students will also face stringent new criteria if they want to study in the UK, ensuring only those who benefit Britain can come. Before they can study here, foreign students must:

* be sponsored by a UKBA-licensed education institution;
* prove that they have the means to support themselves and their families while studying here; and
* supply their fingerprints.

Stricter rules on work placements for students will also ensure that the UK's labour market is protected.

Border and Immigration Minister Liam Byrne said:

"All those who come to Britain must play by the rules. It is right that foreign students wanting to take advantage of our world-class universities and colleges must meet strict criteria.

"By locking people to one identity with ID cards, alongside a tough new sponsorship system, we will know exactly who is coming here to study and crack down on bogus colleges."

Visas will only be granted to students who show a proven track record in education and are applying for a course that meets a minimum level of qualification. They must also be able to demonstrate they can financially support themselves and any of their dependants.

Students on courses for longer than 12 months will have to show they have sufficient funds to pay their first year of fees, plus £9,600 to cover their first year in the UK. Students wishing to bring their dependants with them will need to show they have a further £535 per month for each person they bring.

Each year, international students contribute £2.5 billion to the UK economy in tuition fees alone and an overall estimated contribution of £8.5 billion. In recognition of the many economic and cultural benefits that these students bring to the UK, earlier this year the Government announced a special visa category allowing successful international students who have graduated from a British university to work in the UK for up to two years.

Higher Education Minister Bill Rammell said:

"I welcome the education sector's involvement in developing a structure that allows international students to benefit from the excellent educational experience the UK offers, while giving them the opportunity to work in the UK for two years following graduation.

"However, I will not tolerate the minority of individuals who seek to damage the quality of our education system through bogus colleges. This is why we have introduced tighter checks to the current Register of Education and Training Providers. The new system will toughen this process further and give extra protection from the damage bogus colleges can cause."

Under the new system education providers who want to teach foreign nationals must be granted a licence by the UKBA, they can then sponsor students to come to the UK.

Without a confirmation of acceptance for studies issued to them by their sponsoring institution a student's visa application will not be considered. It also acts as a pledge from the college or university that they accept responsibility for the student while they are in the UK.

Universities and colleges face losing their licence if they fail to:

* keep copies of all their foreign students' passports;
* keep and update their students' contact details;
* alert the UKBA to any students who fail to enrol on their course;
* report unauthorised absences to the UKBA; and
* inform the UKBA if any student stops their studies.

The sponsorship register for colleges and universities opened for applications this week.

28 July 2008
Sponsor register open to all

From Monday 28 July 2008, employers and educational institutions can apply to join the sponsor register for tiers 2, 4 and 5 of the points-based system.

If you are an employer or educational institution and plan to bring in migrants to work or study in the UK under the above tiers of the points based system you must apply for a sponsor licence. We will support you throughout the process and provide advice on how you can meet the requirements of being a sponsor

Tiers 2 and 5 are expected to open in November 2008. Tier 4 is expected to open in spring 2009. Make sure you have your application completed in time for the opening of your tier. The duration of the licence starts when the relevant tier opens and not when the licence is approved so you can make your application now.

Full details on sponsorship under the points-based system are available from the employers and sponsors section of this website. We have recently reviewed and updated all the information available for employers and sponsors on this website, if you have any feedback or suggestions, please contact the web team. Additional, new content will be added in the next few weeks.

24 July 2008
Consultation on proposals to reform and strengthen the common travel area


We have launched a public consultation on proposals to strengthen the Common Travel Area (CTA). This follows the Government's commitment to review the rules and operation of the area in last year's Securing the Border strategy.

The consultation closes on 16 October 2008.

23 July 2008
Marriage visa age raised to prevent forced marriages


The age at which someone can apply for a marriage visa will increase from 18 to 21 as part of a crackdown on forced marriage, the Home Office announced today.

Statistics show that 30 per cent of the cases dealt with by the Government's Forced Marriage Unit involved victims aged between 18 and 21.

The new steps significantly strengthen the safeguards against forced marriage. The five key proposals announced today are to:

* raise the age of sponsorship for a marriage visa from 18 to 21;
* ask foreign spouses to enter into an agreement to learn English before they come to the UK;
* introduce a power to revoke leave to remain where there is evidence that the marriage route has been abused;
* require all sponsors to register their intention to marry overseas before they leave the UK; and
* ensure through a code of practice that specialist teams can identify vulnerable people at risk of forced marriage.

Home Secretary Jacqui Smith said:

"Forced marriage leads to victims suffering years of physical and mental abuse and - in extreme cases - unlawful imprisonment and rape. It has no place in our society. That is why the Government is determined to do everything it can to stamp it out and to ensure that victims receive the help and support they need.

"That is why we are raising the age limit for visas, checking anyone entering into a marriage does so of their own free will, and demanding that those coming to the UK learn English."

Any British citizen applying to 'sponsor' someone to come to the UK as their spouse will have to declare their intention before they leave the UK and marry abroad. This will mean that a young person will know in advance that a marriage will take place overseas and who their prospective partner will be.

Practical guidance is also being introduced so the UK Border Agency staff can spot any risk of abuse or those who are vulnerable to forced marriage and prevent them from being coerced into marriage. In these cases we will make clear what the rights of victims are and how the marriage visa will be dealt with.

17 July 2008
Highly Skilled Migrant Programme Forum Judicial Review: implementation of arrangements resulting from the judgement of 8 April 2008

We have now begun to implement arrangements for migrants covered by the HSMP Forum judicial review judgment of the 8 April 2008 under the provisions of a policy document. A summary of the arrangements currently in place can be found in the working in the UK section. Additional arrangements will be published as soon as they are introduced.

You are covered by the judgment if you joined the Highly Skilled Migrant Programme (HSMP) under the arrangements in place until the programme was suspended on 7 November 2006.

You are not covered by the judgment if you joined the HSMP under the arrangements in place from 5 December 2006.

Enquiries about individual circumstances should be addressed to the UK Border Agency Customer Contact Centre.




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