NEWS

Government outlines overhaul of student visas

22 March 2011

Tougher entrance criteria, limits on work entitlements and the closure of the post-study work route are among the changes to the student visa system announced today by Home Secretary Theresa May.

The main changes are as follows:

•From April 2012, any institution wanting to sponsor students will need to be classed as a Highly Trusted sponsor, and will need to become accredited by a statutory education inspection body by the end of 2012. The current system does not require this, and has allowed too many poor-quality colleges to become sponsors.

•Students coming to study at degree level will need to speak English at an 'upper intermediate' (B2) level, rather than the current 'lower intermediate' (B1) requirement.

•UK Border Agency staff will be able to refuse entry to students who cannot speak English without an interpreter, and who therefore clearly do not meet the minimum standard.

•Students at universities and publicly funded further education colleges will retain their current work rights, but all other students will have no right to work. We will place restrictions on work placements in courses outside universities.

•Only postgraduate students at universities and government-sponsored students will be able to bring their dependants. At the moment, all students on longer courses can bring their dependants.

•We will limit the overall time that can be spent on a student visa to 3 years at lower levels (as it is now) and 5 years at higher levels. At present, there is no time limit for study at or above degree level.

•We will close the Tier 1 (Post-study work) route, which allows students 2 years to seek employment after their course ends. Only graduates who have an offer of a skilled job from a sponsoring employer under Tier 2 of the points-based system will be able to stay to work.

The government has also pledged to develop a new entrepreneur route for bright and innovative students who have a business idea and want to make it work in the UK.

The Home Secretary said:

"International students not only make a vital contribution to the UK economy but they also help make our education system one of the best in the world."

"But it has become very apparent that the old student visa regime failed to control immigration and failed to protect legitimate students from poor-quality colleges."

"The changes I am announcing today re-focus the student route as a temporary one, available to only the brightest and best. The new system is designed to ensure students come for a limited period, to study, not work, and make a positive contribution while they are here."

"My aim is not to stop genuine students coming here - it is to eliminate abuse within the system. Our stricter accreditation process will see only first-class education providers given licences to sponsor students."

"I am delighted to announce that, alongside our stricter rules, we will ensure that innovative student entrepreneurs who are creating wealth are able to stay in the UK to pursue their ideas."

The government has committed to reforming all routes of entry to the UK in order to bring immigration levels under control. The student changes will work alongside the annual limit on economic migration, and reforms to family and settlement routes planned for later this year.

Government rolls out the red carpet for entrepreneurs and investors

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Business Immigration - Update on Quotas

Unrestricted CoS – requesting the annual allocation

The UKBA has now contacted Sponsors to ask them to submit their estimates of the number of unrestricted CoS they will need for the year 6 April 2011 to 5 April 2012.

Key Points

• The request must be filed by 11 March 2011 to guarantee that the allocation is available for use on or after 6 April 2011 when the quota comes into force;

• If the request is not received by 11 March, the Sponsor’s annual allocation will automatically be reset to zero;

• Requests will be accepted after 11 March but there is no guarantee that the allocation will be available for 6 April rollout. Requests filed after 6 April 2011 must be made via the Sponsor Management System. There may be a delay before the CoS are available on line to issue;

• Going forward, the annual allocation will run from April to April.

Actions for Sponsors

Every Sponsor must now assess how many Tier 2 (General) and Tier 2 (ICT) CoS it will need.

Unrestricted Tier 2 (General) CoS

This estimate will cover:

• All new hires where the salary will be over £150,000 per annum;

• All new hires where the candidate is already in the UK as a Tier 2 (General) or work permit holder which was issued on or before 5 April 2011;

• Any Tier 2 (General) new hire who is already in the UK in another immigration category where in country switching is permitted e.g. Tier 1 (Post Study Worker), Tier 1 (General);

•Extensions for the same role for the same employer where the migrant entered as a Tier 2 (General).

Tier 2 (ICT) Unrestricted CoS:

This estimate will cover:

•extensions for migrants as Tier 2 (ICTs) for the same role for the same employer

•Established Staff

•Graduate Trainees

•Skills Transfers

It is obviously a difficult exercise to project forward recruitment/staffing needs for the next 12 months. Sponsors should apply on the basis of the information currently available on likely recruitment. This estimate may still be closely aligned with the figures provided for the last annual allocation applied for under the temporary quota in June or as part of the annual renewal tied to the Sponsor Licence. Requests for further unrestricted CoS will be accepted by the UKBA once an allocation has been used.

New Fees (28 February)

These fees will apply to all applications made on or after 6 April 2011 These new figures should be factored into budgets.

Salary levels

It is expected that new minimum pay levels to be specified in the Codes of Practice with effect from 6 April with some significant increases to the minimum pay levels. In the interim, Sponsors must ensure that all CoS are issued and applications for entry clearance/grant of leave are made before 6 April to guarantee not being affected by the new rules.