Sunday, 13 November 2011

New policy guidance on age 21 marriage visas following Quila and Bibi judgement

Following the recent Supreme Court judgment in the case of Quila and Bibi v Secretary of State for the Home Department [2011] UKSC 45, the UK Border Agency has today announced new policy guidance for marriage visas, reinstating the minimum age to 18.

The Quila and Bibi case successfully 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 UK Border Agency said:

‘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 affects applicants whose ‘applications for entry clearance or leave as a fiancĂ©(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 includes applications made inside or outside the UK. The guidance sets out how refused applicants can apply for a review of the original decision to refuse a visa which the agency say ‘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 of the UKBA website, Husband, wife or civil partner, Unmarried or same-sex partner, and Fiance(e) or proposed civil partner categories. Source: UB Border Agency.

Speaking on the judgement last month the Immigration Minister Damian Green said:

“This is another very disappointing judgement, which overturns a policy that exists and is judged to be consistent with the ECHR in other European countries.

“The judges themselves agreed increasing the marriage visa age had a legitimate aim.

“We believe this decision will put vulnerable people at risk of being forced into marriage. We will come forward with our response in due course.”

The Joint Council for the Welfare of Immigrants (JCWI), which represented Amber and Diego Aguilar in their case, estimates the ruling could allow up to 5,000 foreign spouses to settle in the UK every year.

Habib Rahman of the JCWI said:

“This was a law introduced on the hoof, which had no discernible effect on forced marriage, but infringed on the rights of UK citizens to live in the UK with their partners.

“We are delighted to see it consigned to the scrap heap of misguided legislation.”

See also:

UK Border Agency ‘dumped’ missing asylum seeker cases

UK border force head suspended

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

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

English UK wants apology from Home Office over 'bogus colleges' claim

English UK, the association for 450 language colleges, seeks apology saying remark 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.

English UK, an association representing more than 450 language colleges, said the alleged error could bankrupt the institutions. Its lawyers are demanding senior Home Office officials issue an immediate apology and retraction.

Last week, the Home Office said scores of colleges had lost their right to recruit overseas students because they could not meet the standards of a new inspection regime or had not applied to be on a compulsory register of institutions authorised to enrol overseas students.

Damian Green, the immigration minister, warned that "widespread abuse of the student visa system has gone on for too long". Too many students had come to the UK to find paid work and bring over their family, rather than to study, he said.

English UK said its colleges had not signed up for the register because their courses lasted less than a year. Only institutions that offer courses that last a year or more have to be on the register.

The association said institutions had decided not to voluntarily apply to be on the register because it would have been expensive.

Tony Millns, chief executive of English UK, said the Home Office had "allowed it to be inferred that all the colleges on its list were bogus, fronts for illegal immigration, or of poor educational quality".

"This has been enormously damaging to the reputation of perfectly legitimate and high-quality businesses," he said.

A letter sent by English UK's lawyers to the Home Office states the government published information that was "untrue, defamatory and gravely damaging to [colleges'] goodwill and reputations".

"The potential damage is potentially substantial, irreparable and unquantifiable," it said.

The Home Office wants to curb overseas student numbers to reduce total net migration to Britain by 230,000 between now and 2015. A spokesman for the UK Border Agency said senior officials would not be making an apology or retracting their statement. Ministers had made it clear that colleges not on the register were not necessarily those with poor educational standards, he said.

"Some simply failed to submit an application to demonstrate they meet our new higher standards," he said. "Widespread abuse of the student visa system has gone on for too long which is why we've made changes to ensure only first-class education providers should be given licences to sponsor international students." Source: The Guardian.

Last week Immigration Matters said that the reason that 400 private college owners have not applied for Highly Trusted status is that many have simply decided that ‘enough is enough’ following stringent new Tier 4 visa rules, implemented on 4 July, which basically means that any new international students studying at a private college (as opposed to a government publicly funded institution) can no longer work or sponsor dependants.

Under the new rules, students studying at government colleges and UK universities will be allowed to work and sponsor dependants putting the private sector at what college owners see as an unfair disadvantage.

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 destroying the market for private education providers – hence the 400 closing their doors or simply opting out of the new Highly Trusted regime.

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.

UK Border Agency announce further changes to the student visa system

UK University applications drop 9% as higher fees and student visa crackdown takes effect

Tier 4 blacklisted financial institutions published by UK Border Agency as the heat is turned up on fraudulent student visa applications

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

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

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

New Tier 4 student visa rules now in force

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

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

University of Wales cease validating degrees at colleges and other institutions

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

Student visa crackdown damaging our reputation abroad, Universities UK warns

As the Home Office reveals 11,000 drop in the number of 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 group has 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.

The Home Office said more than 400 of the pre-degree colleges ‘lost their right’ to recruit international students because they could not meet the standards of a new inspection regime.

40% of international students start at private colleges before going on to Universities

Universities UK said cutting such courses was damaging Britain's reputation for being "open for business" and undermining the pathway programmes operated by many universities.

It estimates that 40% of international students go through such colleges before going taking a degree at a British university.

Student visa reforms, which included tougher sponsor and English language requirements, came into effect in April.

The Home Office said new inspection standards were designed to ensure that genuine international students received the highest quality education.

About 400 colleges – more than 20% of the sector – had their sponsorship revoked as they did not apply in time and 51 had their licences revoked after the UK Border Agency investigated a spike in applications from south Asia just before the tougher English language tests came into force.

The 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 students have come to the UK with the aim of getting work and bringing over family members."

Nicola Dandridge of Universities UK, said it believed the government's aim of reducing net migration to below 100,000 a year lay behind the curbs.

"Universities UK believes that the number of international students coming into the country should be accounted for separately and not included in the definition of net migration for the purposes of government policy. International students are not economic migrants. They come to the UK to study and then they leave."

She said Britain could not afford to make the same costly mistakes as the US and Australia which both curbed overseas students numbers and then dropped the policy when they realised it had seriously damaged the international competitiveness of their higher education sector. Source: Guardian.

UK University (UKUS), the free student placement service said that the figures confirm what the market already knows. International students are turning away from British Universities and colleges and choosing countries such as Canada, Australia and New Zealand.

This week 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.

Earlier this week English UK, an association representing more than 450 language colleges, said the alleged error could bankrupt the institutions. Its lawyers are demanding senior Home Office officials issue an immediate apology and retraction.

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 destroying the market for private education providers – hence the 400 closing their doors or simply opting out of the new Highly Trusted regime.

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.

See also:

UK University applications drop 9% as higher fees and student visa crackdown takes effect

English UK seeks apology from Home Office over ‘bogus colleges’ claim

Pre Tier 4 students in the UK under the Immigration Rules that were in place before 31 March 2009

New Tier 4 student visa rules now in force

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.

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

In a blog for the Guardian this week, Nicola Dandridge of Universities UK warns that tough talk on immigration will frighten away the talent our colleges need.

You report on the government's moves to clamp down on student visa abuses by colleges (Visa curb warning, 2 November). The article says Universities UK is issuing "a warning" that cutting such courses is "damaging Britain's reputation" in education.

We'd like to make it clear that abuse of the immigration system has to be dealt with robustly, and we support the government's efforts in this respect. If a college is defrauding and abusing the system, it is quite right that their licences should be withdrawn or they be shut down.

Our concern lies in the way in which these issues are being presented. As you report, the changes are described by immigration minister Damian Green in terms of counteracting "widespread abuse of the student visa system". Yet a number of the measures relate to restrictions of the options available to genuine international students during their time in the UK. Clearly there have to be limits to what an international student can do in this country: whether they can work, who they can bring with them and how long they can stay. But to conflate discussion about the limits of those entitlements with the need to combat fraud and abuse is damaging.

International students are much sought after across the world. They bring valuable cultural, diplomatic and economic benefit with them. They contribute £5bn to UK earnings each year, making a huge difference to local economies. The students come to the country and then leave, without recourse to public funds. Of those who stay, many end up teaching and carrying out world-leading research. In a deeply competitive and global market, inter–national staff make up a large proportion of university staff, without whom many departments would not be viable, or at best would be significantly weakened.

The government's recent measures to clamp down on net migration, and limit the right of genuine students and staff to come into the country to study and work in universities, is playing badly internationally. UK universities are losing top students and staff to other countries whose governments are more welcoming. Students from the Indian subcontinent in particular are choosing to go to other competitor countries, with some UK universities reporting drops of 30% or more.

Contrast our Home Office announcements of clampdowns and measures "beginning to bite" with Australia recently announcing a new government-appointed council to develop "a new long-term strategy for the international education sector". The difference is not lost on international students and staff.

There is a solution here. We must continue to work constructively with the government to eliminate fraud. The record of universities is strong, but there is always more that can be done. However, issues of abuse should not be bundled in with discussions about the circumstances in which legitimate international students can come and study. Source: The Guardian.

Earlier this week English UK, an association representing more than 450 language colleges, said the alleged error could bankrupt the institutions. Its lawyers are demanding senior Home Office officials issue an immediate apology and retraction.

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 destroying the market for private education providers – hence the 400 closing their doors or simply opting out of the new Highly Trusted regime.

The new student visa 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.

See also:

UK University applications drop 9% as higher fees and student visa crackdown takes effect

English UK seeks apology from Home Office over ‘bogus colleges’ claim

UK Border Agency announce further changes to the student visa system

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

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

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

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.