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New policy guidance on the marriage visa age of 21 |
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07 November 2011
The UK Border Agency has issued new policy guidance following the judgment of the Supreme Court in the case of Quila and Bibi v Secretary of State for the Home Department [2011] UKSC 45.
This case challenged the requirement under paragraph 277 of the Immigration Rules for both foreign spouses and their sponsors in the UK to meet a minimum age of 21 before the foreign spouse could be granted a visa to enter or remain as a spouse or partner. Paragraph 277 (along with other paragraphs of the Immigration Rules) was amended on 27 November 2008 to raise the minimum age from 18 to 21.
The Supreme Court has ruled that, whilst they recognised that the Secretary of State was pursuing a legitimate and rational aim of seeking to address forced marriage, the change to the rule (increasing the minimum marriage visa age from 18 to 21) disproportionately interfered with the Article 8 rights of those who were in genuine marriages.
The guidance primarily affects applicants whose applications for entry clearance or leave as a fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner or same-sex partner were refused under paragraphs 277, 289AA, or 295AA of the Immigration Rules solely because they or their sponsor were aged between 18 and 20 and whose application was refused on that basis between 27 November 2008 and October 2011. This applies to applications made within or outside the UK. The guidance sets out how such applicants can apply for a review of the original decision to refuse a visa which might now result in a visa being issued.
Changes to the Immigration Rules have been laid in Parliament today to reinstate a minimum age of 18 for a spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or same-sex partner and for their sponsor in order to qualify for entry clearance, leave to enter, leave to remain or a variation of leave on that basis. These rules will come into effect on 28 November 2011.
The new policy guidance explains how applicants affected by the judgment can request a review of an earlier refusal due to the age requirement by 31 May 2012. Further information on how to request a review can be found under the partners and families section, Husband, wife or civil partner, Unmarried or same-sex partner, and Fiance(e) or proposed civil partner categories. |
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Changes to the student visa system - cutting abuse and raising standards |
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03 November 2011
Tough new rules and enforcement action to stop abuse of the student visa system mean that over 450 education providers will no longer be able to sponsor new international students.
In total these colleges could have brought more than 11,000 students into the UK to study each year. New UK Border Agency regulations have significantly raised the standards education providers must meet before they can bring international students to the UK. So far, over 400 colleges have lost their right to recruit international students after they failed to sign up for the new inspection system. As well as cutting abuse, the new standards will help ensure that genuine international students receive the highest quality education. In addition, a targeted UK Border Agency investigation into more than 100 colleges has led to 51 having their licences to recruit international students revoked. The investigation followed a spike in applications from South Asia just before the English language requirement rules were tightened. More than 4,500 of these applications to study have been refused or withdrawn as a result. One college advertised classes even though the website said it was shut for maintenance, while another could not even produce a list of students enrolled or a timetable of classes. On inspection, others could not produce any records of student attendance, or evidence of checking student qualifications. Immigration Minister, Damian Green said:
'Widespread abuse of the student visa system has gone on for too long and the changes we have made are beginning to bite.
'Too many institutions were offering international students an immigration service rather than an education and too many students have come to the UK with the aim of getting work and bringing over family members. Only first-class education providers should be given licences to sponsor international students.
'We have curbed the opportunities to work during study and bring in family members. We have also introduced new language requirements to ensure we only attract genuine students whose primary motivation is to study.'
As well as going through tough new inspections, colleges that want to keep bringing in international students must also meet new higher sponsorship standards to ensure they are fulfilling their immigration responsibilities. Those who do not meet these standards will be removed from the sponsorship register.
The UK Border Agency has also created a list of more than 2,000 banks and financial institutions who can no longer provide evidence to verify a student has sufficient funds for their course. If a bank is on the list, a student citing that institution will not be granted a visa.
Further measures to tighten the student regime are due in April. The post study work route, which has allowed graduates free labour market access, will be closed and students wishing to stay and work will need to apply under the skilled workers visa route . There will also be new time limits on student visas and tougher rules on work placements. In the mean time the UK Border Agency is continually monitoring the behaviour of all sponsors and will take action against any that are not complying with standards of education provision or immigration control. The changes to the student route form part of the Government's comprehensive package to overhaul the immigration system, taking action on families, settlement, those coming here to work, as well as students, in order to bring immigration levels back down to sustainable levels. |
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Reduction in jobs available to migrants |
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18 October 2011
Specialist jobs that are no longer required in the UK will be removed from a government-approved list that helps to ensure the UK only accepts migrant workers that the country needs.
The shortage occupation is part of the Tier 2 immigration route via the Points Based System. Highly skilled migrants from outside the European Economic Area (EEA) seeking to work in the UK must apply for visas via this route.
The government today accepted recommendations from the independent Migration Advisory Committee (MAC) that will see the number of jobs covered by the list drop by 40,000, bringing the total down from 230,000 to 190,000. Only a minority of these jobs will be filled by migrant workers.
The MAC recommended the changes where evidence from a range of industries and sectors showed resident workers are available to fill the vacancies.
Immigration Minister Damian Green said:
'Alongside our limits on overseas workers we are also taking action to provide businesses with the skills they need from the British workforce and reduce their need for migrants.
'We want the brightest and the best people from outside the EU with the skills we can benefit from in the UK.'
Occupations that the MAC recommended be removed from the list include:
- secondary education biology teachers;
- speech and language therapists;
- pharmacists;
- orthoptists;
- veterinary surgeons; and,
- rank and file orchestral musicians.
Added to the list will be:
- actuaries;
- high integrity pipe welders;
- environmental scientists; and,
- geochemists
The government has accepted the MAC's recommended list in full however, rank and file orchestral musicians will not be removed from the list immediately, until further discussions take place with the industry to discuss the resident labour market test.
The revised list will come into effect from 14 November 2011. This means that:
- For applications covered by the annual limit, the new list will apply to all applications by Tier 2 sponsors for restricted certificates of Sponsorship made on or after 14 November 2011.
- For applications outside the annual limit, the new list will apply to all unrestricted certificates of sponsorship assigned to migrants on or after 14 November 2011.
Employers can only bring someone into the UK under Tier 2 if the job is on the shortage occupation list or if they pass a resident labour market test (no suitable resident workers apply after advertising the job in the UK first for 4 weeks). |
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List of financial institutions for Tier 4 is published |
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24 October 2011
In June 2011, the UK BA announced that they would be publishing a list of financial institutions which they consider, on the basis of experience, do not verify financial statements to their satisfaction. Today the UK BA are publishing an initial list of financial institutions that fall under this category.
They will use the list when verifying maintenance funds under Tier 4 of the points-based system. An applicant will receive no points for maintenance if they submit documents showing that the funds are held in a financial institution on the list.
The list forms part of the reforms to the student immigration route. The change is to 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.
The UK BA 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 they will make additions or deletions as appropriate.
The UK BA will continue to verify financial information from financial institutions not on the list, on a case-by-case basis and they may refuse applications on the basis of these individual checks. |
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Health tourists’ will pay the price for their NHS debts |
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10 October 2011
Overseas visitors who fail to pay off their debts for NHS treatment will soon be denied permission to enter or stay in the UK, Immigration Minister Damian Green has announced.
Changes to the Immigration Rules were laid in Parliament today, meaning that those subject to immigration control who fail to settle an outstanding bill of £1,000 or more will not be allowed to enter or remain in the UK until the debt is paid off.
Damian Green said:
'The NHS is designed to meet the healthcare needs of the UK and we won't tolerate abuse of this service.
'We welcome overseas visitors, but those who use NHS facilities need to pay for them, or they will be barred from coming here.
'It's very simple - pay up or you won't be welcome in the UK.'
The NHS will provide information that will enable the UK Border Agency to identify the debtors and - when they apply to return to or remain in the UK - to refuse their applications. The information sharing arrangements are being phased in over the coming months.
It is hoped that the £1,000 threshold will capture 94 per cent of outstanding charges owed to the NHS.
This change follows consultations carried out last year by the UK Border Agency and the Department of Health. A 2009 review set out to examine the rules on charging overseas visitors for access to NHS services in England.
The change was announced in a written ministerial statement, which you can download from the right side of this page. Our Consultations section contains an impact assessment and policy equality statement relating to the change.
Other changes to the Immigration Rules laid before Parliament today include:
- a minor technical change to the evidential requirements for settlement - from 31 October, migrants under Tier 2 and work permit holders will need to provide supporting documents as proof of their income before they are granted settlement; and
- rules to facilitate the entry and stay of certain accredited Olympic and Paralympic participants, including athletes, umpires, technicians, media staff and others holding an Olympic or Paralympic accreditation card - these changes will come into effect on 30 March 2012 and will end on 8 November 2012; and
- minor and technical amendments to the rules for spouses and civil partners of settled people, and for unmarried and same-sex partners of settled people - these changes represent no change in policy for this category.
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