This week the UKBA has announced the creation of a new initial list containing hundreds international banks and financial institutions which will be used when considering points under a Tier 4 student visa application. 

The bank blacklist will be used when verifying maintenance funds under Tier 4 of the points-based system. A student visa applicant will receive no points for maintenance if they submit documents showing that the funds are held in a financial institution on the list – and could also face a ban from the UK.

The list includes banned banks from India, Pakistan and the Philippines.

The list forms part of the reforms to the Tier 4 student visa immigration route, which say the UKBA will ensure that they can verify that student visa applicants hold the required maintenance funds to support themselves and pay for their course in the UK.

Thousands of international students have arrived in the UK with little or no money, despite presenting ‘proof’ of funds to entry clearance officers at their local British Embassy.

Many have failed to pay fees on arrival or keep up with monthly payment plans. Some colleges are having to resort to legal action through the county courts to recover debts owed by non-paying students.

Students end up on credit blacklists with County Court Judgements (CCJ) registered against them, which means they will find it extremely difficult to obtain credit, open a bank account or rent a property.

The consequences of court actions, criminal offences or civil action, can be even more serious for migrant workers under Tier 2 or Tier 4 students.

County Court Judgements, or civil actions, must now be declared on new style immigration forms for further leave to remain or visa extensions and may affect your chances of renewing your Tier 4 student visa. A CCJ or Credit Default (e.g. not keeping up with payments on a credit card, loan or mobile phone agreement) will stay on your credit file and history for six years or more and will have to be declared on immigration forms.

The UKBA will give a 30-day notice period from the date when a financial institution is first listed before the new rule takes effect. This will enable applicants to make the necessary financial arrangements, so that they can provide financial documentation which meets the new requirements.

The list will be kept under review, and we will make additions or deletions as appropriate.

The UKBA said it will continue to verify financial information from financial institutions not on the list, on a case-by-case basis, and may refuse applications on the basis of these individual checks.

The following criteria provide an example of the minimum standard for banks in order for us to satisfactorily verify documentation:

• international banks; or
• national banks with a UK private banking presence; or
• regulated national/state banks that provide a core banking service.

The UKBA adds that ‘points may still be awarded if banks do not meet these criteria, where they have a history of providing satisfactory verification checks’. However, as many have found to their cost, once an entry clearance officer (ECO) or UKBA case worker discovers that a fraudulent bank statement has been submitted as part of a Tier 4 student visa application or student visa extension they are highly likely to slap a 10 year ban on the student.

The list of ’FINANCIAL INSTITUTIONS THAT DO NOT SATISFACTORILY VERIFY FINANCIAL STATEMENTS – PHILIPPINES’ runs to 36 pages.

The major Philippine banks which will be still be accepted by the UKBA are: 

The list of Indian banks runs to 49 pages and includes:

You can find the full list at:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/studying/financial-institutions/

Earlier this month a pilot scheme to help UK banks and credit providers identify fraudulent applications by immigration offenders was launched by the Audit Commission.

The Commission and the UK Border Agency will share ‘real time’ information with financial institutions. Each year the UK Border Agency processes around 3.5 million applications to visit, live, work or study in the UK.

The aim is to prevent those with no right to stay or work in the UK from accessing financial services. In return, financial institutions will provide the Agency with information on where illegal working and employment is taking place, supporting the Agency’s work in tackling immigration crime.

Revised Tier 4 General application form (07/11) now asks for a lot more detailed information covering criminal and civil offences, good character, benefit claims and includes the following statements:

‘I understand that if the UK Border Agency has reasonable cause to believe that any document or documents I have submitted with this application are forged, fraudulent or not genuine, and the UK Border Agency has sought to verify the documents using processes specified by it but has not been able to verify them, no points will be awarded for these documents even if the UK Border Agency cannot prove that they are not genuine.

‘I understand that my details may in certain circumstances be passed to fraud prevention agencies to prevent fraud and money laundering. I also understand that such agencies may provide the UK Border Agency with information about me.

‘The UK Border Agency may request information from other law enforcement agencies, Government departments or Agencies, local authorities, the Police, foreign governments and other bodies for immigration or research purposes to enable them to perform their functions.’

Section E.1 of the form asks:

‘Has the student had any criminal convictions in the United Kingdom or any other country (including traffic offences) or any civil judgments made against them (i)?’

In signing the declaration the student agrees to the following:

‘I am aware that it is an offence under the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999 and the Nationality, Immigration and Asylum Act 2002, to make, to a person acting in execution of any of these Acts, a statement or representation which I know to be false or do not believe to be true, or to obtain or seek to obtain leave to remain in the United Kingdom by means which include deception.

‘I understand that information I provide to the UK Border Agency will be treated in confidence but it may be disclosed to other law enforcement agencies, government departments, agencies, local authorities, foreign governments and other bodies for immigration or research purposes, for purposes as stated in The Biometric Registration Regulations, or to enable them to perform their functions.’

The student agrees to post issue enquiries and information discovered being used in court. There is also a short line which warns that ‘providing information or documentation that is not correct will normally result in my application being refused and may lead to my prosecution for a criminal offence’.

It should also be remembered that work permits, visas and even ‘indefinite’ leave to remain (ILR) can be cancelled by the Home Office for various offences. The Home Office has or the Home Secretary has the power to revoke British Citizenship under the 2006 Immigration, Asylum and Nationality Act.

Most in-country refusals carry the right of a full appeal before an immigration judge at a tribunal, unlike out of country student visa refusals which are reconsidered under an administrative review.

The student visa crackdown has no effect on Bulgarian and Romanian students who want to work full time in the UK by taking NVQ vocational courses.

Although Bulgarian and Romanian citizens do not enjoy full free movement rights to work in the UK they can obtain Yellow Card permits to work full time as part of a vocational study programme such as NVQ or QCF courses in Health and Social Care.

Bulgarian and Romanian citizens do not enjoy full free movement rights to work in the UK, but can obtain Yellow Card permits to work full time as part of a vocational study programme such as NVQ or QCF courses in Health and Social Care.

See also:

Health care workers needed in UK now

Immigration Rules for Bulgarian and Romanian nationals

What is ‘Comprehensive Sickness Insurance’ and why do Bulgarian and Romanian student yellow card applicants need it to work in the UK?

Crackdown on immigration fraud – banks and UKBA to share information on debtors

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

Home Office can revoke British Citizenship as well as deny it for civil offences

If you need any immigration advice or are worried about the new immigration rules or need 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 and free advice for EU students. They also have a number of employers looking for staff right now and are willing to employ Bulgarians and Romanians.

Majestic College also has access to funding for Apprenticeships.

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

Filipino Majestic College NVQ student makes it to the UK after his entry clearance refusal in Manila was overturned by an Immigration Judge at the AIT (Asylum and Immigration Tribunal) following an appeal.

Immigration Advisers, Bison UK, lodged the appeal after he was unfairly refused entry clearance last year.

At the hearing in Hatton Cross in April, the Judge agreed with Bison’s appeal specialist Mr Jerry Turner and allowed the appeal.

He now has a 3 year student visa to study NVQ in Health and Social Care, combined with paid work placement.

Visa appeals have been abolished for student visa refusals applying under Tier 4 in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an ECM under the new ‘Administrative Review’ system.

Refusals under paragraph 57 of the previous immigration rules will still be allowed a full appeal. Therefore, if your student visa application (VAF) was submitted before 31 March 2009, you should still have the right of appeal.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

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

For more information on NVQ Health and Social Care courses see www.majesticcollege.org

Another Majestic College NVQ student makes it to the UK after her entry clearance refusal in Manila was reversed following an appeal by Immigration Advisers, Bison UK.

She now has a 3 year student visa to study NVQ in Health and Social Care, combined with paid work placement.

www.majesticcollege.org

Visa appeals have been abolished for student visa refusals applying under Tier 4 in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an ECM under the new ‘Administrative Review’ system.

Refusals under paragraph 57 of the previous immigration rules will still be allowed a full appeal. Therefore, if your student visa application (VAF) was submitted before 31 March 2009, you should still have the right of appeal.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

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

NVQ Student from the Philippines arrived today at Majestic College after landing in London yesterday afternoon at 3pm.

She received her visa in Manila, but only after her immigration advisers, appeal specialists Bison UK, lodged a successful appeal at the AIT against her entry clearance refusal in 2008.

The Entry Clearance Officer (ECO) at the British Embassy in Manila refused her student visa, when she applied to come to the UK to study and that the NVQ in Health and Social Care at Majestic College, after visiting the UK as a tourist in 2006 and 2007.

Bison UK refuted the claim in the grounds of the appeal, which was heard before an Immigration Judge at the AIT in Hatton Cross last month. 

See also www.visaappeals.com  

She has proved that she fully intends to follow the NVQ course and study by attending Majestic College the day after arriving in London and she has already lined up a paid work placement!

www.majesticcollege.org

Visa appeals have been abolished for student visa refusals in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an ECM under the new ‘Administrative Review’ system.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

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

NVQ Student from the Philippines arrives at Majestic College after appeal victory.

Filipina nurse, Jenny, received her visa in Manila, but only after her immigration advisers, appeal specialists Bison UK, lodged a successful appeal at the AIT against her entry clearance refusal in 2008.

The Entry Clearance Officer (ECO) at the British Embassy in Manila refused her student visa, when she applied to come to the UK to study and that the NVQ in Health and Social Care at Majestic College.

Bison UK refuted the claim in the grounds of the appeal, which was due to be heard before an Immigration Judge at the AIT in Hatton Cross last month. 

Visa appeals have been abolished for student visa refusals in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an ECM under the new ‘Administrative Review’ system.

www.visaappeals.com 

She has proved that she fully intends to follow the NVQ course and study by attending Majestic College the first working day after arriving in London.

www.majesticcollege.org  

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

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

Mother and Sponsor speaks of Daughters Student visa refusal and her courage to pursue an appeal at the AIT.

www.visaappeals.com
www.majesticcollege.org

Visa appeals have been abolished for student visa refusals in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an ECM under the new ‘Administrative Review’ system.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

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

Another entry clearance (student visa) refusal reversed by the repsondent British Embassy in Manila following an appeal to AIT (Asylum and Immigration Tribunal).

Immigration Adviser Bison UK lodeged the entry clearance appeal six months ago after the Filipina student was unlawfully refused a visa to study for an NVQ course at Majestic College in London.

Shortly before the appeal hearing, the Entry Clearance Manager withdrew the original refusal and issued the 3 year student visa within a week.

The Filipina student has now reported to her UK educational provider, Majestic College (www.majesticcollege.org), to start her NVQ Health and Social Care course, which runs alongside paid work placement arranged by Bison UK.

Visa appeals have been abolished for student visa refusals in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an ECM under the new ‘Administrative Review’ system.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

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

Lecturers are objecting to strict new ‘Tier 4′ immigration rules, which make colleges responsible for their overseas students.

Educational providers must keep a copy of students’ passports, report them if they fail to enrol or consistently miss lectures, or if they drop out. They must also raise concerns if students are suspected of being involved in terrorism.

But members of the University and Colleges Union, UCU, voted on Friday to ignore the legislation calling it “discriminatory” and “an attack on the civil liberties of international staff and students”.

Sally Hunt, general secretary of the UCU, said: “Our members are educators not border guards.”

Under the rules implemented in March, foreign workers (under Tier 2 of the points based system) and students (Tier 4) must carry biometric ID cards and all universities and colleges need a licence from the UK Border Agency to recruit non-EU/EEA students.

The union says the laws require members “to carry out policing and surveillance duties” on behalf of the Home Office.

“It is likely to lead to draconian absence and sickness policies being introduced and members being disciplined if they do not report absences of international staff and students,” a motion, carried at the union’s conference in Bournemouth, said.

A spokeswoman for the UK Border Agency said the Home Office would not tolerate fraudulent applicants trying to abuse Britain’s immigration rules, or “dodgy colleges” that facilitate them.

At present there are 240,000 non-EU students in Britain making it one of the most popular destinations for higher education in the world.

“Educational institutions have a duty of care to all their students and checking that they are attending and making progress in their studies is part of that responsibility,” the Home Office spokeswoman said.

“The records we expect education providers to keep are those which most will keep for their own purposes anyway.”

Over 400 members, representing lecturers across the UK carried a motion instructing their union to “provide all possible support” for anyone who refuses to carry out the checks.

The union will now lobby for the abolition of the visa rules and will “launch a campaign of non-compliance with all such policing and surveillance duties,” its members said.

But not all union members agree with the boycott action.

Jim Guild, a representative of the University of Sussex UCU branch, said that the union could not collectively refuse to monitor students without declaring a dispute and that it was unclear whether the rules counted as an employment issue for the purposes of trade union action. “The union can’t protect members who participate in an act of boycott,” he added.

However, he added that employers were as concerned by the new system as staff. Universities fear that students will be deterred from applying to UK institutions by new requirements that they show they have sufficient funds for their stay. “At the University of Glasgow, 15 to 20 per cent of overseas applications have run into the sand,” Mr Guild said.

Elizabeth Clear, a delegate from University College London, said the rules were already adversely affecting students. One full-time overseas student who had asked to switch to a part-time course was told that she would have to return to her home country and reapply. “In the past, the change would have been straightforward,” Ms Clear said.

Immigration Matters Comment

Whilst Universities and unions may be able to protest and boycott the UK Border Agency rules, smaller colleges and employers do not enjoy that luxury.

“Independent colleges and educational providers face losing their licence unless they fully comply with the rules”, said Cynthia Barker Centre Manager of Majestic College.

“We went through nine months of hard work and spent thousands of pounds to get our Tier 4 licence, so we cannot afford to risk losing it by arguing with the UKBA”, she added.

Tier 4 should not present too many problems for Universities, which has the resources and manpower to cope with the increased administrative burden.

The student visa process will also be consistent under Tier 4, with Entry Clearance Officers (ECO’s) no longer being able refuse on subjective grounds such as: “on the balance of probabilities you are unlikely to return home at the end of your studies” or “your real intention is to work in the UK rather than study”.

Visa applicants still have the right of appeal on refusals based on previous Rules, however, refusals under Tier 4 applications (made after 31 March 2009) will be dealt with by an in-house ‘Administrative Review’ system.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

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

NVQ Student from the Philippines arrives at Majestic College. She received her visa in Manila, but only after her immigration advisers, appeal specialists Bison UK, lodged a strong appeal at AIT (Asylum and Immigration Tribunal) against her entry clearance refusal in 2008.

The Entry Clearance Officer (ECO) at the British Embassy in Manila refused her student visa, when she applied to come to the UK to study and that the NVQ in Health and Social Care at Majestic College, because he said she was over qualified – as a Dentist in the Philippines. 

Bison UK refuted the claim in the grounds of the appeal, which was due to be heard before an Immigration Judge at the AIT in Hatton Cross this month.

But days before the hearing the Entry Clearance Manager ECM) in Manila overturned the refusal, granting her a 3 year visa. 

She has proved that she fully intends to follow the NVQ course and study by attending Majestic College the day after arriving in London.

Under Tier 4 of the Points Based System the right of appeal is not offered to those who are refused a student visa.

Visa appeals have been abolished for student visa refusals in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an ECM under the new ‘Administrative Review’ system.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

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

An NVQ Student from the Philippines has successfully obtained a student visa and has returned to the UK, despite being deported and refused Entry Clearance by the British Embassy in Manila. 

Senior Carer, Gennie, had been asked to leave the UK in 2008 after his employer allowed his Work Permit to expire. 

Gennie was told his permit was “in process” and continued to work at the care home unaware that he was breaking the law and working illegally. 

During this spell Gennie was unfortunately picked up by immigration officers and placed in a detention centre in Dover, where he was held for 5 days. 

The centre holds illegal immigrants, overstayers, failed asylum seekers, convicted criminals and even terrorist suspects due for deportation. 

Gennie was surprisingly released from the detention centre and issued with removal papers. He left voluntarily, paying for his own flight, after seeing immigration advisers Bison UK. 

With the help of Bison, Gennie applied to return to the UK to upgrade his skills by taking an NVQ Level 3 course at Majestic College, hoping that this would help enhance his career prospects in the UK, Canada or back home in the Philippines. 

Initially he was refused (under Paragraph 57 of HC 395) a student visa on the basis he was already qualified, despite the fact that he was applying to study an NVQ Level 3 which he did not possess, and was only going to the UK to work. 

Bison UK immediately lodged an appeal refuting the reasons for refusal given by the Entry Clearance Officer in Manila. The Immigration Judge agreed and overturned the decision during the hearing (with Jerry Turner acting for Bison UK, Charles Kelly and witnesses in attendance) at the Asylum and Immigration Tribunal (AIT) in 2009. 

Directing the British Embassy to “grant entry clearance to the appellant without delay”, Immigration Judge Blandy noted in his determination: 

“I generally find on a balance of probabilities having regard to all the evidence before me that at the date of the respondent’s decision the appellant met all the requirements of paragraph 57 of the Immigration Rules HC 395 and his appeal must accordingly be allowed. I am satisfied that the appellant continues to meet all the requirements of paragraph 57 and accordingly direct that entry clearance be granted. 

“The appeal under the Immigration Rules is allowed. 

“I direct the respondent to grant entry clearance to the appellant without delay.” 

Under Tier 4 of the Points Based System the right of appeal is not offered to those who are refused a student visa.

Visa appeals have been abolished for student visa refusals in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an Entry Clearance Manager (ECM) under the new ‘Administrative Review’ system.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

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