The New Points Based Immigration System: Roll-out of Tier 4 (students) & Other Changes 1/4/09

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The 1st of April provided further evidence that the government is not fooling around with the issue of immigration.  This date saw the introduction of tier 4 of the new points based system and follows on from tiers 1, 2 & 5 which have been in place for a number of months now.  This e-zine will talk sponsoring bodies through their main obligations under tier 4 and will also deal with some minor changes in respect of the other immigration categories.

Tier 4
The new tier 4 system, introduced last week, is divided into 2 categories - the first applies to post school education (for those aged 16 and over) and the second applies to child students (aged between 4-17) .  Students can only apply under these categories if they hold a ‘visa letter’ from a sponsoring employer and can show they have enough money to cover course fees and living costs.  The ‘visa letter’ is written confirmation that the student has a place on a course but will be replaced by a complex ‘sponsorship management system’ later this year.  It should be remembered, however, that sponsoring institutions already have extensive obligations, including;

  • Keeping copies of all non-EU students passports showing evidence of entitlement to study
  • Keeping each student's contact details and updating them as necessary
  • Reporting any students who fail to enrol on their course within 10 working days after the end of the enrolment period
  • Reporting any unauthorised student absences where the student has missed 10 ‘contact’ dates
  • Reporting any students who discontinue their studies (including deferrals of study), or who stop attending because they have either left or been withdrawn
  • Reporting any significant changes in a student's circumstances – e.g, if the length of a course shortens
  • Maintaining any appropriate accreditation
  • Each sponsoring institution must aid the United Kingdom Border Agency (UKBA) in the monitoring of student migrants.  These obligations need to be taken seriously as the UKBA is also responsible for assessing the suitability of sponsors.  If it is found education providers are not fully complying with their obligations then the UKBA can withdraw or suspend their sponsorship licence.

Sponsored Researchers
One other point to note is that tier 4 only applies to students, so does not allow sponsoring education providers to employ (or host) overseas academics.  Previously, research academics could come to UK universities for 2-3 years if they held what was known as a ‘sponsored researcher’ visa.  However, this scheme has now been abolished and only a 12 month ‘academic visitor’ visa remains.

However, the types of academics who can qualify under this scheme is restricted to those on sabbatical leave and those taking part in formal exchange arrangements.  This means that educational providers wishing to host  postgraduate researchers, sponsored researchers and lecturers are required to be either a tier 2 (skilled migrants) or tier 5 (temporary workers) sponsor.

Changes to Tiers 1 & 2
The 1st of April also  brought changes to tier 1 (highly skilled migrants) and tier 2 (skilled migrants) of the new system.  Tier 1 allows applicants to come to the UK without the guarantee of work as long as they can satisfy a points based test.   From last week applicants now need a Masters degree qualification and be on a minimum salary of £20,000 per annum to score points for qualifications and earnings respectively.

The modification in respect of tier 2 is also a further tightening of the new points based regime and relates to what is known as the ‘resident labour market’ test.  Previously, this test was met if a sponsoring employer could not find a suitably qualified person from the European Economic Area, after advertising the post with Jobcentre plus.  However, from last week there is now an additional requirement that the role is advertised using a method permitted by the relevant industry practice code (see UK Border Agency website for details of the codes).

Conclusion
With the impact of the recession being felt it appears the Government is  increasingly keen to make sure settled workers fill any posts which become available.  This can be seen from the tightening up of the existing immigration categories and the indefinite delay in the implementation of tier 3 (which applies to unskilled migrants).

Further information
If you have any queries on any of the above, or wish to know more about the new points based immigration system, please contact Alan Masson, Euan Smith or your usual contact in the Employment team.


This bulletin is for general information only and does not constitute legal, investment or other professional advice. Please contact us should you require advice on any particular legal issue. Anderson Strathern LLP accepts no responsibility for any loss that may arise if reliance is placed on any information or opinions expressed in this bulletin.