Next set of changes to student visa rules is announced (13 June, 2011)

The next set of changes to the Immigration Rules affecting Tier 4 - the student tier - of the points-based system has been laid in Parliament today. The changes will come into effect on 4 July 2011.

The Home Secretary announced changes to the Immigration Rules in a statement to Parliament on 22 March, following a major public consultation on reforming Tier 4. The first set of changes came into effect on 21 April.

The aim of the revised Immigration Rules is to deliver a strong migration system which tackles immigration abuse, while allowing genuine students to study at genuine colleges.

From 4 July we will:

• restrict work entitlements to migrants studying at higher educational institutions (HEIs) and publicly funded further education colleges only;
• restrict the sponsorship of dependants to those studying at postgraduate level at HEIs on courses lasting at least 12 months, and government-sponsored students on courses lasting at least 6 months;
• require education providers to vouch that a new course represents genuine academic progression;
• ensure that maintenance funds are genuinely available to the applicant, by introducing a declaration on the visa application form;
• commit to publish a list of financial institutions that we consider, on the basis of experience, do not verify financial statements to our satisfaction in more than 50 per cent of a sample of cases;
• introduce a streamlined application process for low-risk nationals applying to attend courses with Highly Trusted Sponsors;
• extend the list of courses for which students must receive ATAS clearance;
• restrict the ability to deliver accountancy courses accredited by the Association of Chartered Certified Accountants (ACCA) to those sponsors accorded platinum or gold status by ACCA; and
• clarify the position of overseas universities with campuses in the UK.

These changes were announced by Immigration Minister Damian Green in a written ministerial statement this morning. You can download this statement, and the statement of changes to the Immigration Rules (HC 1148) from the right side of this page.

A revised version of our policy guidance document for Tier 4 migrants, and a statement of intent summarising the new student visa policy, can also be downloaded from the right side of this page. You can find our revised guidance for Tier 4 sponsors in the Sponsor guidance section.

We have published an impact assessment for these changes in our Policy and law section.

We are also announcing today that the Quality Assurance Agency (QAA) and the Independent Schools Inspectorate (ISI) will extend their activities to cover privately funded providers, in line with our commitment that all privately funded sponsors would be inspected or reviewed by one of the publicly recognised bodies by the end of 2012.

There are also a small number of changes being made to bring into effect:

• a new provision for other family members of refugees and beneficiaries of humanitarian protection;
• a minor correction to the Tier 2 (Intra-Company Transfer) provisions and clarify a requirement of the Tier 1 (Exceptional Talent) and Tier 1 (Investor) Rules; and
• a small number of minor corrections and technical changes to the Rules relating to English language requirements for partners and spouses.

1. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/sop4.pdf
2. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/sop4.pdf
3. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/wms-t4-13jun11.pdf

Clarification of English language requirement for Tier 4 sponsors and students ( 03 June 2011)

Following the recent announcement of changes to the English language requirements for students under Tier 4 of the points-based system, the UK Border Agency has produced a document clarifying the requirements for students and sponsors.

You can download the document, which provides answers to some frequently asked questions, from the right side of this page. We hope that sponsors and students will find it helpful.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/english-clarification.pdf 

PTE Academic accepted by Australian Government for Student Visa Applications (20 May 2011)

The Australian Department of Immigration and Citizenship (DIAC) has formally approved PTE Academic as fully satisfying the Government’s requirements for testing the English language proficiency of student visa applicants. The decision means that for the first time in ten years, Australian institutions and their potential students will have a choice of Government-approved English language testing options.

Mr Chris Bowen MP, Australian Minister for Immigration and Citizenship, commented: “I am very pleased Pearson has been chosen as one of the new English test providers and I am confident they will provide a valuable service to student visa applicants.”

Fraser Cargill, Vice President Government Relations for Pearson Asia Pacific, explains: “Pearson is proud to achieve DIAC recognition. Australian institutions are facing a challenging time in the increasingly competitive international student recruitment market and it is important that they have the best possible tools available to recruit students. PTE Academic offers a secure, reliable and quick way for Australian institutions to confidently ensure that they are recruiting students who have the right level of English for their courses.” 

For more information, visit www.pearsonpte.com/diac

Asylum improvement project publishes progress report (26 May 2011)

The UK Border Agency has published a report on progress made by the asylum improvement project.

The asylum improvement project was set up to explore new ways to speed up the processing of asylum applications. The report outlines the progress we have made so far on 25 elements of the project and explains the next steps for asylum reform. It is too early to make a robust assessment of the impact of all 25 elements of the project, but we will do so over the coming months, as part of the next phase of asylum reform.

The asylum improvement project has made a good start by ensuring we can take a more sophisticated approach to scheduling each part of the process, a more consistent approach to how we approach each task and robust analysis of outcomes. Taken together, these things will ensure that we have a balanced system and continually improve our performance.

You can download the progress report from our Reports section.

Brightspark Education Consultants has approved Professional Partner for Pearson Test of English Academic

PTE Academic – Approved for Tier 4 (Student) visa applications 

PTE Academic is a computer-based test of English language proficiency approved by the UK Border Agency (UKBA) for Tier 4 (student visa) applications. If you are applying for a visa, please read the information on the right.

PTE Academic is an English language test for international students; it is widely available and offers fast results. The test is recognized by over 80% of universities and colleges in the UK.

PTE Academic is approved by the UK Border Agency (UKBA) for Tier 4 (student visa) applications when students are required to demonstrate English language competency at a minimum of CEF level B1 or B2.  It is also accepted for Tier 2 applications.

·         If you are applying for entry at undergraduate degree level or higher, check with the institution you are applying to for their PTE Academic score requirements. This is the score you will also need for your Tier 4 (student visa) application.

·         If you are applying for entry to a non-degree program,you will need to demonstrate your English language proficiency at CEFR level B1 for your Tier 4 (student visa) application. PTE Academic is approved for this with a score of at least 43. Note you will need to score 43 in each of the four skills of listening, reading, speaking and writing. There is not a requirement to score 43 in the enabling skills.

Why take PTE Academic?

• Results within 5 business days
• Flexible test dates and late booking
• One single 3-hour test session
• Recognized by over 80% of universities and colleges in the UK

Brightspark Education Consultants has approved Professional Partner for Pearson Test of English Academic

Pearson Test of English Academic (PTE Academic) delivers real-life measures of test takers' English language ability to universities, higher education institutions, government departments and professional associations requiring academic-level English.
The test will accurately measure the listening, reading, speaking and writing ability of test takers who are non-native speakers of English and who want to study at institutions where English is the principal language of instruction.
PTE Academic is robustly aligned with the Common European Framework (CEF), the worldwide benchmark for language ability. The framework was developed by the Council of Europe to enable language learners, teachers, universities or potential employers to compare and relate language qualifications by level. So with PTE Academic, institutions can be confident that they are getting accurate and proven measures of test takers' language ability. 
Pearson has developed PTE Academic to fulfill the need for an English language proficiency test, that will more accurately measure the communication skills of international students in an academic environment.
http://brightsparkconsultants.co.uk/accreditation.php 

Unnecessary immigration appeals to end (19 May 2011)

An end to late evidence in points-based system appeals will help stop misuse of the system, Immigration Minister Damian Green said today.
From Monday 23 May, tribunals will not consider evidence submitted after an application has been made, in appeals relating to applications made in the UK under the points-based system.
UK Border Agency statistics show that around two-thirds of appeals allowed by immigration judges are due to late evidence being submitted.
The rules change is designed to end unnecessary appeals and help make sure that applications are right first time. It will apply to all applications made within the UK through the points-based system.
Damian Green said:

'For too long, the taxpayer has had to shoulder the burden of a system which allowed individuals to drag out their appeal by submitting new evidence at the last minute.
'The changes I am making today will put an end to this practice for good.'

The minister added that this is one of a raft of improvements that will make the system 'more robust, efficient and cost effective'.

The government has already introduced an annual limit on economic migrants from outside the EU, as well as making major reforms to the student visa system.
These measures are aimed at attracting the brightest and the best, while reducing net migration and tackling abuse of the system.
The Minister announced the commencement of the rules change in a written ministerial statement, which you can download from the right side of this page.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/wms-section-19.pdf