Immigration Matters » Bison UK

How will the new ‘minimum salary for residency’ proposals affect you?

Charles Kelly — Fri, 03 Feb 2012 12:42:44 +0000

Following yesterday’s announcement by the UK Immigration Minister, Damian Green, that under new proposals migrants seeking permanent settlement, or Indefinite Leave to Remain, will be required to earn between £31,000 and £49,000 per annum, Immigration Matters has been inundated with questions from worried work permit holders such as Senior Care Workers, Nurses and Domestic Workers.

Mr Green also announced that he wanted to break the link between temporary and permanent migration and look at the way courts interpret the human right to family life, which he said has led to a “ridiculous and damaging situation” and risks a “dangerous” stand off between parliament and judges.

The government is also proposing to set a minimum income level for any sponsor seeking to bring in a foreign spouse – and said the recommended level was between £18,600 and £25,700.

The news will be of grave concern to the thousands of skilled workers on Work Permits and Tier 2 Working Visas who are earning less than £31,000.

Whilst the UK has never guaranteed working migrants permanent residency under the terms of their work permits, most were expecting to one day qualify for indefinite leave to remain (ILR) after working in Britain for 5 years.

The Minister has not announced any transitional arrangements for those already here. But if the new rules are applied to all existing migrants, the minimum threshold would not be reached by most nurses, senior carers, chefs, care managers and many other occupations where the basic pay rate is less than £31,000.

Some of the questions being asked are:

Will the new earnings test apply to all existing work permit holders or new entrants after a certain point?
Does my dependant husband’s income count towards the minimum salary requirement?
How long do I have to be earning £31,000 for or is it my current salary level that counts?
If I cannot qualify for ILR will I be able to extend my work permit after 5 years?
If I have children born in the UK do I have a right to stay under Article 8?

The answer to most of these questions are only known to ministers and Home Office officials at this stage because full details of the reforms have not yet been revealed.

The government is committed to reducing net migration to the ‘tens of thousands’ by 2015 and major reforms to the immigration points based system will be needed to reach these targets.

The changes do not affect EU migrants from Eastern European countries such as Poland and Slovakia, or Bulgarians and Romanians exercising Treaty Rights to obtain Yellow Cards.

Human rights decisions led to ‘ridiculous and damaging’ situation, says UK Immigration Minister

Romanian workers offered UK jobs while 2.7 million claim benefits

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Romanian workers offered UK jobs while 2.7 million claim benefits

Charles Kelly — Tue, 31 Jan 2012 02:06:57 +0000

British employers are offering thousands of jobs to Romanian workers as UK unemployment soars to a record high, the Daily Star claims.

A recruitment agency in Bucharest is advertising 2,434 vacancies for British jobs according to the report.

The Romanian agency ‘tjobs.ro’ revealed that many of the UK-based posts were for medical staff, tourism workers and skilled staff.

And 25% of the unfilled roles on offer were for labourers and unskilled workers. The news comes as the number of jobless Brits hit a record 17-year high of 2.68million.

And yesterday Sir Andrew Green, chairman of campaign group Migration Watch UK, said: “One has to ask why employers feel the need to go abroad to recruit for these jobs.”

Unemployment in Britain currently stands at 8.4%, the worst figure since 1994.

The Daily Star revealed this month how 23 British jobs were lost for every 100 migrants let in.

A hard-hitting report by the Migration Advisory Committee showed 160,000 UK-born workers had missed out on employment since 1995 as a result of immigration.

The study looked at the problems immigration was causing for Britain’s stretched public services.

Researchers found average earnings have remained the same, but wages at the bottom have fallen. Source: Daily Star.

The question we should be asking is why British firms are advertising jobs in another EU country when so many unemployed workers are supposedly available to work on their doorstep?

The newspaper article does not point out that there are hundreds of thousands of job vacancies in the UK being advertised on a regular basis, and not all of these jobs vacancies are filled by local workers.

For instance, despite high UK unemployment healthcare support workers or care assistants are still desperately needed by employers who cannot fill vacancies locally.

Even though millions of British people are unemployed and the country’s economy in the doldrums, the care industry still has massive problems in finding care or support workers for the 20,000 plus homes.

A recent search on one Government Job Centre Plus website, Job Seekers Direct Find a Job Now, revealed over 300 job vacancies within a 75 mile radius of central London region alone.

Some employers are offering as much as £10.50 per hour, £4.57 above the national minimum wage, for a Health Care Assistant for a dementia care unit in London.

The website quoted in the article offers jobs all over Europe. They appears to be mainly advertising vacancies for Au Pair, baby sitting and care jobs in the UK, all of which are hard to fill locally.

The news that employers are recruiting in Romania will surprise many as, despite being members of the European Union, Romanians cannot work in the UK as employees without permission.

Employers wishing to hire a Romanian, or fellow EU2 member citizens from Bulgaria, need to apply for a work permit and low skilled jobs do not normally qualify.

However, in the case of temporary low skilled workers, such as seasonal agricultural workers where there are always shortages, employers or agencies can apply to the UK Border Agency for a six month SAWS (Seasonal Agricultural Workers Scheme) permit.

SAWS allow farmers and growers in the UK to recruit low-skilled overseas workers to do short-term agricultural work only. The scheme works on a quota basis. Farmers and growers who participate in the scheme can employ a fixed number of overseas workers though the scheme each year. In 2010 and 2011 the quota is 21,250 places.

To be able to apply to come to the UK under the SAWS, you must be a national of Bulgaria or Romania. Workers get a work card which gives them permission to work in the UK under the scheme for a maximum of 6 months.

There is also a scheme for Au Pairs coming from Romania and Bulgaria, but this type of work is low paid and traditionally taken by students wishing to learn English.

Bulgarians and Romanians coming to the UK on Yellow Card registration permits can study and work full time on vocational courses such as NVQ or QCF courses in Health and Social Care or customer service by exercising their Treaty Rights under Article 39. They can also apply for a self employed yellow card, but the application must be supported by a genuine case for setting up a business.

UK work restrictions on Bulgarian and Romanian nationals were recently extended until the end of 2013 by Immigration Minister Damian Green.

7 tips for completing a Yellow Card BR1 application to work and study in the UK

Immigration Rules for Bulgarian and Romanian nationals

EU and non-EU workers take more UK jobs as number of Britons in work plunges

Health care workers needed in UK now

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Majestic College offer special packages for EU students. They also have a number of employers looking for staff right now and are willing to employ Bulgarians and Romanians.

For more information call Joanna on 0208 207 1020 or email info@majesticcollege.org

Illegal immigrant criminal returns home with £1500 from the British taxpayer and sets up a business selling UK passports

Charles Kelly — Fri, 27 Jan 2012 12:35:33 +0000

In a bizarre story, according to several overseas press reports, an illegal immigrant who was caught arranging a sham marriage in Britain was able to leave jail early with £1,500 of taxpayers’ money, which he used to set up a business in Pakistan offering UK passports.

Convicted sham marriage fixer Ashar Ali Rathore, age 33, was apparently released from prison early with a pay-off, which he then used as capital to set up a business in his homeland selling passports.

The scam artist first found himself in jail after he tried to arrange fake marriages, involving Polish citizens and Asians, in order to gain UK residency. His plan backfired and he was jailed for conspiring to breach UK Immigration Laws.

Upon release he was given £1,500 for agreeing to leave the country and return home. This is part of a government scheme that is supposed to help rehabilitate foreign nationals.

In addition for receiving the cash just for going home, it is said that he only had to serve seven months of his two-year sentence. When he returned home, media reports show that he used the taxpayers’ money to set up Xpress Solutions, a company that provides UK passports and visas.

Whilst it may seem strange to most people that the government ‘pays’ foreign criminals to leave the country, the cost of deporting an illegal immigrant is far higher, especially when an appeal is lodged.

Convicted criminals, such as violent rapists, have successfully appealed against deportation decisions on ‘Article 8’ grounds, which cost the UK taxpayer many thousands of pounds in legal aid bills and court time.

New fees for immigration and asylum appeals

Human Rights distorted, British PM warns the Council of Europe, as many in the UK call for withdrawal from ECHR

Judge attacks immigration ‘merry-go-round’ after Pakistani man made 16 applications to remain in UK at a cost of £250,000 to taxpayer

Student wins article 8 human rights appeal after claiming he played cricket with friends

Student allowed by Immigration Judge to remain in UK despite buying a fake English certificate

‘Pet cat Human Rights Appeal’ overstaying student was a shoplifter

‘Pagan’ woman wins immigration appeal after denying polygamy

Charles Kelly — Thu, 26 Jan 2012 19:17:26 +0000

A pagan woman who lives with her lover and his wife, but denies it is a polygamous arrangement, has won a ‘right to family life’ immigration case.

Emily DiSanto’s legal victory means she can stay in the UK. The Government disagrees with the ruling and has vowed to overhaul the rules on immigration.

Miss DiSanto was originally refused permission to remain in the UK because the UK does not recognise polygamy, or arrangements that are essentially the same thing.

However, the polygamy argument was later dropped from the immigration case.

The married pair claim they are not permitted to divorce under their pagan beliefs. The man, his wife and his lover live together in one home.

Both women have had children with the man, and the court ruled that Miss DiSanto should be allowed to stay for the sake of the children.

The UK Government disagrees with the ruling and it criticised the use of the Article of the European Convention on Human Rights which was behind the decision.

A Home Office spokesman said: “We are disappointed by the court’s decision in this case.

“For too long Article 8 has been used to place the family rights of immigration offenders above the rights of the British public.

“This is why we will change the immigration rules to reinforce the public interest in seeing those who have breached our immigration laws removed from this country.” Source: The Christian Institute.

Speaking at the Council of Europe in Strasbourg this week, British Prime Minister David Cameron warned that the concept of human rights was being “distorted” and “discredited” by controversial decisions in Europe.

In December 2011 the UK government brought in new appeal charges for some asylum, immigration and visa appeals and introduced new procedures for submitting appeals against refusals.

Fees of £80 for a ‘paper consideration’, a decision made by an Immigration Judge on papers without a hearing, and £140 for a full oral hearing at a tribunal will be applied to appeals against decisions taken on or after 19 December 2011.

The new fees should not deter people who want to refuse immigration decisions which they feel are genuinely unfair or have not followed the Immigration Rules. However, it should cut the thousands ‘let’s have a go anyway’ appeals which have absolutely no hope of succeeding and no genuine grounds and merely clog up the system and cost millions of pounds.

Professional immigration appeals specialists will only take on appeals which have a fair chance of succeeding. OISC registered Level 3 Immigration Advisers such as Bison UK will not submit appeals unless there are grounds of appeal and they feel there is a good chance of overturning the refusal decision.

Whilst you can submit your own appeal without using an adviser or lawyer, applicants should consider taking advice before firing off an appeal form, as this will later be taken into account as part of your case. Most advisers will offer an initial consultation for a small fee where you can get professional advice on your case for you submit your appeal.

Oral appeals, which are heard before an independent Immigration Judge at a full hearing in the First-tier Tribunal, usually have a greater chance of success than an ‘on papers’ appeal, especially if the form is poorly drafted.

At a hearing you, or your legal representative, will have the opportunity to submit a ‘bundle’ outlining your case and argue your case before a Judge.

Human Rights distorted, British PM warns the Council of Europe, as many in the UK call for withdrawal from ECHR

Judge attacks immigration ‘merry-go-round’ after Pakistani man made 16 applications to remain in UK at a cost of £250,000 to taxpayer

Student wins article 8 human rights appeal after claiming he played cricket with friends

Student allowed by Immigration Judge to remain in UK despite buying a fake English certificate

‘Pet cat Human Rights Appeal’ overstaying student was a shoplifter

Immigration critic calls Canada “Super Visa” a sham

Charles Kelly — Wed, 18 Jan 2012 23:10:46 +0000

There has been much discussion about the Canadian Conservative government’s new “Super Visa” in the community recently, but unfortunately it has turned out to be an insult to families desperate for their parents to visit or migrate to Canada.

The so called Super Visa was supposed to bring families closer together by allowing parents and grandparents to visit their children in Canada for up to two years at a time over a decade.

But critics claim that the reality is that most families won’t be able to afford the high-costs involved with the Visa, including meeting minimum salary levels and paying thousands for private health insurance. All of this is assuming the application is even approved, and we all know how difficult that has become under the Conservatives.

Worse, the Super Visa controversy is distracting attention from the Conservatives’ decision to freeze parental sponsorship applications for two years – breaking a promise to new Canadians. For some, having the right to sponsor their parents is the reason why they chose to come to Canada. What the Conservatives have done – no matter what their excuse – is not right.

With a majority, the Conservatives have begun their Reform Party agenda, known for its anti-immigrant policies. They have chosen to ignore all the hard-working new Canadians who elected them based on empty promises.

In contrast, the Liberal Party of Canada believes in reuniting families. In government, Liberals worked closely with immigrant communities leading to a fair and flexible immigration system. Indeed, more immigrants have been welcomed in by Liberals than by any other Party in Canada.

Only with a Liberal government in Ottawa will Canada have an immigration policy that puts the concerns and needs of immigrants first.

Kevin Lamoureux

Critic for Immigration for the Liberal Party of Canada.

Source: South Asian Link, Canada

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Pop star Adam Ant raided at dawn over ‘illegal immigrant’

Charles Kelly — Tue, 17 Jan 2012 13:21:33 +0000

1980’s pop legend Adam Ant was awoken by immigration border police yesterday when his London home was raided at dawn, The Mirror reports.

A 36-year-old woman, who lived with the 80’s icon, was arrested by UK Border Agency officers and taken into custody. Immigration officials believe she is a Japanese national who has overstayed her visa.

Overstaying immigrant arrested by UK Border Police at 'Adam Ants' home

Up to 10 officers from the UK Border police arrived at the flat at around 6.40am yesterday. Officers lined the small stairway ready for the dawn swoop, and were let in almost immediately.

A small dog – reportedly called Elvis – sprinted out and jumped over the officers before disappearing back inside the property.

It is believed that Adam, 57, was questioned by officers inside the flat.

After 40 minutes a woman emerged, smoking a cigarette, flanked by six officers. She was escorted down the road and put inside a van before being driven away for further questioning. She was still in custody last night.

It is understood that UK Border police want to deport the woman after she is suspected to have overstayed her visa permit to live in the country.

Other friends who left Adam’s flat yesterday refused to comment on the nature of his relationship with the woman.

But one who went into the apartment yesterday said that Adam was “just fine”.

A neighbour revealed how there were constant “comings and goings” at the not so ‘Goody Two Shoes’ pop star’s home in the exclusive South Kensington, West London, neighbourhood.

The neighbour, who asked not to be named, said: “People are in and out of that house all day, every day. God knows who they all are. There’s all sorts who visit. It’s like a constant stream of visitors.

“I don’t really know him and he doesn’t mix with his neighbours from what I’ve seen.”

80' pop star Adam Ant

Adam Ant’s lawyer Dean Dunham said last night: “This lady is one of Adam’s friends.

“She is co-operating fully with the authorities. She had attempted to make the correct applications to extend her visa but the authorities had been dealing with the wrong address.”

Adam Ant – real name Stuart Goddard – shot to fame in the 80s with a string of massive worldwide hits including Antmusic, Stand and Deliver and Goody Two Shoes.

He was well-known for his flamboyant “dandy highwayman” fashion sense and was voted the Sexiest Man in America by MTV viewers in 1983.

However, the twice-married star has been plagued with mental health problems. His bi-polar condition forced him to abandon touring for 25 years until a comeback last year.

His latest tour – with new band The Good, The Mad And The Lovely Posse – kicks off in Halifax on Thursday.

A UK Border Agency spokesman said last night: “A 36-year-old Japanese national was arrested for immigration offences at an address in the Knightsbridge area and is now detained, pending her removal from the UK.

“Our officers carry out hundreds of operations like this every year across London, and where we find people who are in the UK illegally we will seek to remove them.” Source: Daily Mirror.

The UK Border Agency appear to be running a ‘pop star special’ this month.

Earlier this week Asian singing star Garry Sandhu has been deported back to India by the UK Border Agency after losing an appeal.

Garry Sandhu was removed from the UK and sent back to India by the UK Border Agency (UKBA) after losing his appeal to remain in the country following his arrest in October 2011 for violation of UK immigration laws.

New fees for immigration and asylum appeals

If you have been refused by the Home Office or UK Border Agency and would like advice on how to appeal against a refusal please email: info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Rapper Garry Sandhu deported to India after losing immigration appeal

Charles Kelly — Tue, 17 Jan 2012 00:38:43 +0000

Asian singing star Garry Sandhu has been deported back to India by the UK Border Agency after losing an appeal, Desiblitz reports.

Garry Sandhu has now been deported back to India by the UK Border Agency (UKBA) after losing his appeal to remain in the country following his arrest in October 2011 for violation of UK immigration laws.

The UKBA confirmed the deportation of Garry Sandhu and informed DESIblitz of the conclusion of the case of the popular Bhangra Singer who became very popular for his songs in 2011.

While on immigration bail under orders to report regularly to an immigration centre, he absconded. The UKBA eventually caught up with the wayward rapper in January 2008 when he received a criminal conviction for obstructing a police officer after being apprehended whilst driving without insurance.

He was then placed back on immigration bail while the UK Border Agency worked to obtain emergency travel documents to remove him because he did not have a passport.

After an emergency travel document had been obtained, officers visited his address in Hanover Road, Rowley Regis in October 2009 but discovered to their amazement he had absconded again.

He was finally arrested on 27 October 2011 and, on this occasion, detained.

He was temporarily released in November while the UK Border Agency considered further representations. These were rejected and Mr Sandhu was picked up on 16 December before being removed to India on 12 January.

Gail Adams, UK Border Agency regional director, said:

“We will not tolerate abuse of the immigration rules. This man tried to evade our officers by adopting an alias and absconding. But his arrest and removal should send a message to all immigration offenders that they can run but they can’t hide. We will track them down and we will remove them.”

Last month the UK government’s Ministry of Justice brought in new charges for some asylum, immigration and visa appeals and introduced new procedures for submitting appeals against refusals.

Charles Kelly — Sat, 14 Jan 2012 11:33:17 +0000

On 19 December 2011 the UK government’s Ministry of Justice brought in new charges for some asylum, immigration and visa appeals and introduced new procedures for submitting appeals against refusals.

The government said that ‘users of the appeals system who can afford to pay, should contribute to the system’s cost’.

The fees have been initially set at ‘low levels’ of around 25% of the full cost of administering the appeal system. The government considers that ‘it is an appropriate balance between low, affordable fees which enable access to justice, and a meaningful contribution towards the costs of the Tribunal’.

Applicants who want to lodge an appeal against refusal decisions dated on or after 19 December 2011 from outside the UK will be required to submit their appeals directly to the First-tier Tribunal (Immigration and Asylum Chamber) in Leicester and will no longer be able to send them to the visa application centre overseas that made the initial decision. For more information about this process please see the Ministry of Justice website.

Applicants who want to appeal a decision dated before 19 December 2011 from outside the UK are still able to send their appeal to the visa section that made the initial decision. For further information about this process please see the Appeals section on the UK Border Agency’s website.

The UK Border Agency will be introducing a new online payment facility, available shortly, which will allow applicants to make an appeal and payment online for decisions dated from 19 December 2011. Appellants must be able to pay using a MasterCard or a Visa credit or debit card or be submitting an appeal which does not require a fee to be paid. Appellants can ask another person to pay the fee on their behalf using their payment card details, with their permission. For more information about submitting appeals online please see the Ministry of Justice website. Source: UK Border Agency.

At a hearing you, or your legal representative, will have the opportunity to submit a ‘bundle’ outlining your case and argue your case before a Judge.

Senior Carers Workers win stage in appeal for right to settle in UK

Charles Kelly — Wed, 14 Dec 2011 15:01:16 +0000

The Joint Council for Welfare of Immigrants (JCWI) has posted the following article on their appeal to win settlement rights (Indefinite Leave to Remain) for Senior Care Workers who came to the UK on Work Permits.

Senior Care Workers fight for the right to settle in the UK

JCWI is acting for a number of overseas care workers – senior carers, as they are known in the various Home Office policies which relate to them.

We understand that there are around 20,000 non-EEA migrant workers currently working as senior carers in the UK. Many of them were recruited by agencies, particularly in the Philippines, in the early years of this century, at a time when the UK Government was desperate to fill vacancies in the nursing homes, retirement homes and hospices throughout the country. JCWI understands that it had been hoped that the many vacancies in this field of employment would be filled by the opening up of Europe to the so-called “A8″ nationals (mainly from Eastern Europe) in 2004. However, these vacancies were apparently not filled and it was necessary to spread the net more widely.

Courting care workers

There are a number of reasons why efforts were made to recruit such workers from the Philippines in particular. Their nationals are well-educated, many of them qualified as nurses, physiotherapists etc in their home country; furthermore many of them are English-speaking, having studied on courses in which English was the medium of instruction, and have a tradition of working abroad to support their families at home. They came to the UK to do jobs which most British and European workers are unwilling to do, working long hours, often on night shifts, for minimal rates of pay.

Most of those currently working in care jobs in our nursing homes were recruited abroad, granted work permits and brought to the UK with the promise that, after four years (later raised to five years) of hard work, they would have the right to settle in the UK. They resigned from their jobs, sold their property and gave up everything on the basis of a promise of a better standard of living, a good education for their children and the chance to settle.

Legal changes

On 6 April 2011 the UK Government changed the legal requirements for those who come to the UK for work (either on work permits or, more recently, under Tier 2 of the Points Based System) to settle after five years’ continuous work. A new requirement that the person applying to settle had to be earning “at or above” the “correct” rate, as set out in the UK Border Agency’s Standard Occupational Classification Codes of Practice, was introduced. In the case of the senior care workers that rate is £7.02 per hour. However, many senior care workers are not earning this much.

One of the biggest employers of these care workers, Southern Cross, has this year gone into administration, and it has become clear that these homes are not able to pay their employees the expected rate of £7.02 per hour. Furthermore British workers are often not earning as much as this, and it is clearly not possible for the care homes to pay their foreign workers more than the local work force.

Successful Appeal

A large number of these care workers have been refused settlement since 6 April 2011 because of this rule change. JCWI has now successfully represented two of these care workers in their appeals before the First Tier Tribunal, and is in the process of acting for a number of others.

In summary our appeal was allowed on three grounds:

Firstly, the Tribunal held that SSHD’s decision to refuse settlement on the basis of the new income threshold was unlawful on Pankina grounds. In short, the income levels contained in the codes of practice imported substantive criteria into the Rules. This was exactly what Pankina considered impermissible.

Linked to the above, we argued that there was a breach of legitimate expectation. When the Appellant first came to the UK as work permit holder, she had understood that provided she remained in work permit employment, doing the same or similar work under similar conditions, she would be in a position to apply for settlement. There was no suggestion at that time that she would need to earn a particular wage.

In relation to Article 8 ECHR, it was accepted that Article 8 ECHR was engaged and that there would a breach in the light of the frustration of the Appellant’s legitimate expectations- the decision could not be in accordance with the law. Even if this was incorrect, policy points we had raised about the new threshold being a backdoor means of bringing in the skills threshold NVQ3/SVQ3 (the revised salary was linked to that skill level) had been waived for care workers could be taken into consideration in proportionality arguments.

We are actively looking to assist foreign migrant workers who have been refused settlement for the reasons mentioned above. If you would like to speak to a legal advisor about this please call 020 7251 8708. Ends. Source: JCWI.

Cynthia Barker, Immigration Adviser for Bison UK, welcomed the ruling and was delighted for the Senior Carers. She said:

‘Bison UK has helped thousands of Filipino and Indian Senior Carers come to the UK on Work Permits.

‘Hundreds of these hard working carers were badly affected, through no fault of their own by changes to the Immigration Rules on Senior Carers. In some cases whole families had to leave the UK losing everything, at a time when employers could not afford to lose them.

‘We hope this ruling will bring an end to the nightmare these workers have been through and finally give them peace of mind.’

Despite high UK unemployment healthcare support workers or care assistants are still desperately needed by employers who cannot fill vacancies locally.

With millions of British people unemployed and the country’s economy in the doldrums, in theory the care industry should have no problems in finding care or support workers for the 20,000 plus homes.

That’s the theory, but in practice care home employers are still desperate for staff, especially outside the main cities.

Care homes find it increasingly difficult to employ Tier 4 students when many are only allowed 10 hours work per week.

And students renewing their visas with private colleges after 4 July 2011 will no longer be allowed to work at all or sponsor their dependants.

In fact only students (applying or renewing visas after 4 July) who are studying at post graduate level or above at a government university will be allowed to work and sponsor a dependant.

European workers

Workers from A8 accession countries such as Poland have full ‘free movement of Labour’ rights to work in the UK, however, many care home owners say that they are not that keen on care work either and are looking for higher paid work.

As the newest members of the European Union, Bulgarians and Romanians also have ‘visa-free’ access to enter the UK, however, they do not enjoy the same rights to work as the earlier ‘A8’ Eastern European EU accession countries.

Romanian and Bulgarian citizens who exercise their Treaty Rights (under Article 39) and apply for an accession card as students taking vocational or sandwich courses (e.g. NVQ/QCF in Health and Social Care), are allowed to work full time, as stated on their Yellow Cards.

See also:

Health care workers needed in UK now

EU and non-EU workers take more UK jobs as number of Britons in work plunges

Raising the amount husbands must earn to £26,000 would disqualify two thirds of immigrant brides, according to government watchdog MAC

UK Border Agency issues new policy guidance on age 21 marriage visas following Quila and Bibi judgement

Court overturns UK Government’s non-EU under 21 spouses ban

JCWI and ILPA update on Zambrano case

EctHR Judgment Bah v UK

UK Border Agency announce further changes to the student visa system

‘Pet cat Human Rights Appeal’ overstaying student was a shoplifter

Mandatory English tests for immigrant spouses are fair, High Court rules

HOW TO FIND APPLICATION FORMS FOR A ‘YELLOW’ OR ‘BLUE’ CARD REGISTRATION CERTIFICATE ON THE UK BORDER AGENCY WEBSITE

Free Movement of EU nationals explained

Immigration Rules for Bulgarian and Romanian nationals

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

JCWI asks: Bogus’ Colleges – what about their Genuine Students?

Charles Kelly — Tue, 29 Nov 2011 14:25:29 +0000

Finally one of the main migrant groups are taking up the cases of thousands of Tier 4 students who have been left stranded like refugees in a war zone during the UK Border Agency’s relentless student visa crackdown on private colleges.

The Joint Council for the Welfare of Immigrants (JCWI) writes:

450 colleges had their ‘trusted sponsor’ status revoked in the past year. This affects around 11,000 overseas students. Much is being said in the media about the immigration abuses of student visas, but the coverage forgets the real victims of this headline figure – the students.

Colleges who have their licences revoked are not all ‘bogus’, as the red top papers would have us believe. There’s been a constant scrutiny of such institutions for a number of years now. Colleges denied the chance to recruit international students face financial oblivion, and many close leaving students stranded in the middle of their studies.

I’ve had a couple of meetings with a group of students who have been left high and dry by two main factors. Firstly, they studied at a college run by rip off merchants who were happy to take large amounts of cash in the form of tuition fees, who then filed for bankruptcy. Secondly, they’ve been let down by an immigration system that offers no support or protection to students in this situation.

Academic scrutiny

Immigration law generally limits permission to stay to 60 days if a student’s course ends earlier than expected. As such, this means that a student has 60 days to find another college after their one closes.

Whether a college is licenced to issue Confirmation of Acceptance for Studies (CAS) certificates is decided by UKBA on three criteria: the human resource systems of the college, the civil penalties, and criminal convictions of the staff and any non-compliance by the organisation. There is no academic scrutiny of the college and no financial safeguards offered to students who choose to study there.

Perhaps an example best explains the situation.

Zara (not her real name) from Bangladesh came to study in the UK. Like so many students across the world, she was keen to improve her understanding and language skills by studying in another country. She’d seen adverts about London Trinity College, knew about the quality of education in the UK and applied. On the college website, it stated that the institution was a recognised sponsor in the eyes of the UKBA, which she found reassuring. The college was indeed listed on the UKBA website as a sponsor. They issued her with a CAS and was issued with a student visa.

Fees

Zara paid fees of £8000 to cover tuition for her ACCA qualification in accounting. But the financial demands weren’t quite so simple. She had to prove to UKBA she had enough money in her bank account to maintain herself for a year – £9600 to be precise. Borrowing the money from her parents and a little more from her extended family, she arrived in the UK, found lodgings and started her course in accounting.She was disappointed to find her ‘college’ was set up in a closed down grocery store. But, they taught the course and she thrived as a result of her hard work.

One day Zara turned up to college one day to find it closed. Meeting other students outside they did some quick research and found the college had gone into voluntary liquidation. None of the students were able to get their money back.

On seeking advice Zara and the others discovered that unless they found a college that would accept them within 60 days, paid the fees to the new college and reapplied for a visa, they would be in the country illegally.

Zara and her family could not afford a second set of fees. Additionally, few colleges are willing to accept international students mid-course as they have to use up their valuable CAS allocation for less money than a student studying a full year.

The Government and media stoked hysteria on ‘bogus’ students and ‘bogus’ colleges does wonders for helping to massage the figures on net immigration and appeasing public perceptions on immigration, but it does nothing to help the real victims of the situation – overseas students left in the lurch by colleges and the UKBA.

Financial benefits

Overseas students bring billions of pounds of trade and education revenue to the UK each year. Cuts in funding mean that universities and colleges are more dependent than ever on the fees paid by international students to keep courses open and education provision intact.

A stamp of approval from the UKBA has helped thousands of students decide to study at institutions which have dubious academic track records. Revoking trusted status may stop further abuses in the future – but what about those left in limbo now? Source: JCWI.

The UK Border Agency has implemented significant changes to the Tier 4 student route of the points-based system, which came into effect on 4 July 2011.

The Government implemented major changes to the Immigration Rules relating to Tier 4 students who want to study at private colleges in July.

The changes:

restrict work entitlements, by only allowing students sponsored by higher education institutions (HEIs) and publicly funded further education colleges to work part-time during term time and full-time during vacations;
restrict sponsorship of dependants to those of students sponsored by HEIs on postgraduate courses lasting 12 months or longer, and of government-sponsored students on courses lasting longer than 6 months;
require institutions to confirm that courses represent genuine academic progression from any previous courses studied by the student in the UK; and
create a streamlined application process for low-risk nationals sponsored by Highly Trusted sponsors.

The Home Office recently revealed a drop of 11,000 overseas students since tougher measures introduced this year. UK Universities warns that not only is the government’s action damaging Britain’s reputation, but was also responsible for 400 private colleges effectively opting out of the new Tier 4 sponsoring system.

The Universities UK action issued a warning about Britain’s reputation in education after new figures revealed that the government’s curb on overseas students had reduced their numbers by 11,000 and led to more than 450 colleges pulling out of the market, the Guardian reported earlier this month.

A spokesman for UK University Services (UKUS) said that ‘unfortunately many international students are being deterred from choosing British colleges and universities due to rule changes, the abolition of the PSW post study work visa as well as all the rumours and stories of the bad experience suffered by their fellow countrymen whilst studying in the UK’.

English UK, an association representing 450 language colleges, demanded an apology from the Home Office claiming their remarks implied institutions were fronts for illegal immigration.

The Home Office has been threatened with legal action amid claims it mistakenly implied that 22 colleges were bogus or sub-standard.

The combination of new UK Border Agency ‘Highly Trusted Sponsor’ regulations introduced this year and the new Tier 4 student visa rules, has increased costs whilst wiping out the market for smaller private education providers – hence the 400 closing their doors or simply opting out of the new Highly Trusted regime.

Last month more than 650 Tasmac College students were left stranded without a college when the University of Wales (UoW) accredited college went bust.

Students affected by the closure of their college should remember that new Tier 4 visa rules apply to students applying to private colleges after 4 July 2011.

Bison UK Immigration Adviser Cynthia Barker said:

‘This means that if you renew your visa for a private college or change college after 4 July 2011, you will not be able to work and you will not be able to sponsor your dependant.’

The new rules do not affect Bulgarians and Romanians coming to the UK on Yellow Card registration permits to work and study on vocational courses such as NVQ or QCF courses in Health and Social Care.

Tackle visa abuse, but not at the cost of genuine students say Universities UK

Student visa crackdown damaging our reputation abroad, Universities UK warns

‘I’ve done nothing wrong’ says bankrupt Tasmac College director to the 650 students who have lost £7500 in fees

MORE CHALLENGES FOR TIER 4 STUDENTS AS ‘3-YEAR RULE’ APPLIED

HIGHLY TRUSTED PRIVATE COLLEGE STUDENTS DO NOT HAVE THE SAME RIGHT TO WORK AS GOVERNMENT SPONSORED INSTITUTIONS

New Tier 4 sponsor guidance published for Highly Trusted Sponsorship – will your private college qualify?

Post Study Work Visa to be abolished April 2012 as part of student visa clampdown

For free immigration news updates, please visit www.immigrationmatters.co.uk or email: info@immigrationmatters.co.uk

Looking for a Tier 4 college or University or need advice?

UKUS is a free University and College Admissions and advice service based in London, UK. Students interested in studying abroad can complete the Online UKUS Registration Form for more details.