Strict new rules for foreign students

Latest from Home Office

30 July

Foreign students hoping to come to the UK to study will have to meet strict new criteria, the Government announced today.

The Home Office has published proposals for much tighter rules for foreign students – and the universities and colleges hosting them – under the student tier of its new Points Based System.

All colleges and universities that want to recruit foreign students will now need a licence to do so and will have to take greater responsibility for their international students, helping Government crack down on bogus colleges who abuse the system. For the first time education providers face a ban on bringing over international students if they fail to follow strict new rules – including alerting the UK Border Agency (UKBA) if students fail to enrol.

Students will also face stringent new criteria if they want to study in the UK, ensuring only those who benefit Britain can come. Before they can study here, foreign students must:

• be sponsored by a UKBA-licensed education institution;
• prove that they have the means to support themselves and their families while studying here; and
• supply their fingerprints.

Stricter rules on work placements for students will also ensure that the UK’s labour market is protected.

Border and Immigration Minister Liam Byrne said:

“All those who come to Britain must play by the rules. It is right that foreign students wanting to take advantage of our world-class universities and colleges must meet strict criteria.

“By locking people to one identity with ID cards, alongside a tough new sponsorship system, we will know exactly who is coming here to study and crack down on bogus colleges.”

Visas will only be granted to students who show a proven track record in education and are applying for a course that meets a minimum level of qualification. They must also be able to demonstrate they can financially support themselves and any of their dependants.

Students on courses for longer than 12 months will have to show they have sufficient funds to pay their first year of fees, plus £9,600 to cover their first year in the UK. Students wishing to bring their dependants with them will need to show they have a further £535 per month for each person they bring.

Each year, international students contribute £2.5 billion to the UK economy in tuition fees alone and an overall estimated contribution of £8.5 billion. In recognition of the many economic and cultural benefits that these students bring to the UK, earlier this year the Government announced a special visa category allowing successful international students who have graduated from a British university to work in the UK for up to two years.

Higher Education Minister Bill Rammell said:

“I welcome the education sector’s involvement in developing a structure that allows international students to benefit from the excellent educational experience the UK offers, while giving them the opportunity to work in the UK for two years following graduation.

“However, I will not tolerate the minority of individuals who seek to damage the quality of our education system through bogus colleges. This is why we have introduced tighter checks to the current Register of Education and Training Providers. The new system will toughen this process further and give extra protection from the damage bogus colleges can cause.”

Under the new system education providers who want to teach foreign nationals must be granted a licence by the UKBA, they can then sponsor students to come to the UK.

Without a confirmation of acceptance for studies issued to them by their sponsoring institution a student’s visa application will not be considered. It also acts as a pledge from the college or university that they accept responsibility for the student while they are in the UK.

Universities and colleges face losing their licence if they fail to:

• keep copies of all their foreign students’ passports;
• keep and update their students’ contact details;
• alert the UKBA to any students who fail to enrol on their course;
• report unauthorised absences to the UKBA; and
• inform the UKBA if any student stops their studies.

The sponsorship register for colleges and universities opened for applications this week.

New Tier 1 system

From 30 June 2008 all highly skilled workers, entrepreneurs and investors wanting to come to the United Kingdom will be able to apply for their United Kingdom visa under a new Australian style points-based system.

Under the new system, applicants will need to earn points to satisfy the visa service that they can make a positive contribution to the United Kingdom. Points will be awarded for objective criteria such as qualifications, previous earnings, age and United Kingdom experience. Only those with enough points will be able to get a visa.

The system replaces the two staged Highly Skilled Migrant programme with a single application that is far easier to use. Applicants are able to calculate how many points they will be awarded, and therefore if they are likely to be issued a visa, before making an application.

Border and Immigration Minister Liam Byrne said:

“The introduction of Tier 1 of the Points Based System is good for those wanting to work in Britain and good for the UK economy.

“We are clear that we will not tolerate any abuse of our systems. That is why we have introduced fingerprint technology to check all visa applicants, a new force to police our borders and new rules that ban anyone using false documents or deception from the UK for up to ten years.”

The changes introduce the first tier of the points-based system. Other tiers for students, skilled workers with a job offer and temporary workers such as musicians, actors and sportsmen will both be introduced over the next year.

Detention centres attacked as figures reveal self-harm by asylum-seekers

The true cost of using detention centres to lock up failed asylum-seekers has been exposed by statistics showing the extent of self-harm among those held.

Figures show that in the last four months of 2007, 42 people needed medical attention for self-harm in Britain’s 10 centres.

This represents 2 per cent of the 2,095 people held at that time. As well as these cases, one in five people held were considered to be at risk of self-harm and being formally observed. Colnbrook detention centre, near Heathrow, was worst, with 18 cases of self-harm treated in four months, and 126 people under formal watch.

Meanwhile, at Yarl’s Wood in Bedfordshire, where this week mothers have been on hunger strike in protest over the detention of their children, 52 inmates were under formal watch, and eight people required medical attention because of self-harm.

The statistics, obtained under the Freedom of Information Act, support the views of many immigration experts and MPs that prolonged detention of migrants is unethical.

A spokeswoman for the Refugee Council said: “These figures confirm our huge concerns about detaining vulnerable people for indefinite periods. Many of these people will have undergone extreme trauma and in some cases torture and detention in their home countries.

“We urge the Government to consider alternatives to detaining people, given the severe effect it has on their mental health.”

Emma Ginn, of the National Coalition of Anti-Deportation Campaigns, said she hoped the statistics would act as a wake-up call to the UK Border Agency.

“Some self-harm attempts are just a cry for help, but some of these were serious suicide attempts. Why would any so-called bogus asylum-seekers make an attempt on their life? It’s an indication of the living hell that they’re going through.”

Ms Ginn believes that the only option is to close the centres. “An alternative must be found,” she said, “because they’re driving people to make attempts on their own lives.”

Nigerians call for boycott of BA after deportation

More than 1,000 Nigerians have backed a call to boycott British Airways unless it apologises to 136 passengers who were ordered off a flight to Lagos after they complained about the forced deportation of a man on board.

A British Airways captain made the extraordinary decision to clear the whole of economy class on an aircraft due to take off from Heathrow in response to concern from travellers that security men were manhandling a man who was pleading not to be removed from the UK.

The man, who was thought to be about 30, was being held down in his seat by four or five police officers as the other passengers filed on board, and was crying out in broken English that he was afraid he would die if he were sent back to Nigeria.

The officers took him off the plane, then returned and arrested Ayodeji Omotade, one of the passengers who had complained vociferously about his treatment. When others on board protested noisily about Mr Omotade’s detention, the captain ordered them all off the flight. The only person who eventually flew economy class on flight BA0075 was the unidentified deportee who did not want to go.

Mr Omotade – who pleaded tearfully with officers not to prevent him travelling to Nigeria, where he was due at his brother’s wedding – was held in custody for 10 hours, accused of causing an affray, and banned by British Airways from travelling with them again.

The police also confiscated all the money he was carrying, which came to £1,600 in notes, plus three £1 coins he had in his pocket, and abandoned him, penniless, in Heathrow airport. He was spotted there by one of his fellow passengers, who was waiting for the next flight to Lagos and loaned him the money to get home.

Mr Omotade, an IT contractor from Chatham, Kent, who is married with a five-year-old daughter, said: “£1,603 is not a lot of money to some people, but to me it’s a lot, and most of it wasn’t mine. I told them I had letters written in English to show them why I was carrying the money, but they said they had strong reason to believe it was the proceeds of crime.

“By the time I got to the magistrates’ court, the police had already applied for an extra 90 days to investigate. I still don’t know whether they are going to charge me, or not charge me. I didn’t even get my luggage back until a week later. They flew my luggage to Lagos. I need a public apology that I can get framed and hang in my living room.”

The incident, on 27 March, has created outrage among expatriate Nigerians in the UK, who have called on the Lagos government to intervene. A protest letter, signed by more than 1,000 Nigerians, has been sent to the country’s President, Umaru Yar’Adua, and senior members of the Nigerian parliament.

It calls for a front-page apology in a national Nigerian daily newspaper to all passengers on flight BA0075, a written apology and appropriate compensation to Mr Omotade, lifting of the life ban which Mr Omotade says has been imposed on him by British Airways, and the dropping of any criminal charges against him. They say the airline has until 30 April to respond.

“Failure on the part of the British Airways to comply to the above demands will result in us calling for worldwide boycott of British Airways by Nigerians,” the petition warned.

British Airways said: “Police were called to the BA75 service to Lagos on 27 March after a large number of passengers became disruptive. Many were removed. We take any threats against our crew or passengers very seriously and this kind of behaviour will not be tolerated.”

Ayodeji Omotade was arrested, stripped of his

cash, abandoned at Heathrow and barred by

BA for objecting to a forced deportation

Curry house staff protest at new UK work rules

Rachel Williams
The Guardian,
Monday April 21 2008

Thousands of curry restaurant workers gathered in London yesterday to demand that the government relaxes new immigration rules to avert a financial catastrophe caused by crippling staff shortages in the £3.5bn industry.

Members of the Bangladeshi community, who were joined by groups from Chinese, Indian, Pakistani and Turkish catering businesses at the protest in Trafalgar Square, also complained that a spate of “heavy-handed” raids looking for illegal workers at restaurants was damaging business.

Under the new points-based immigration system for workers outside the EU which came into force at the end of February, chefs need to speak English and have academic qualifications to work and live in the UK.

The Bangladesh Caterers Association says this has left its members unable to recruit trained Bangladeshi cooks and critically short of staff, threatening the future of the industry.

It estimates there are 27,500 vacancies in Bangladeshi-run restaurants.

As demonstrators carrying placards demanding “Save Currynomics” surrounded the base of Nelson’s Column, Muzammil Ali, who has run the Jewel in the Crown curry house in Swindon for 21 years, said he lacked skilled and unskilled workers. “This law will make staff shortages a very big problem for us,” he said.

“The children who have been born and brought up here don’t want to come into the catering industry where they have to work almost seven days a week and at weekends. They have education and qualifications and they can earn more money elsewhere.”

Demonstrators also called for an end to Border and Immigration Agency raids.

Shabul Muhth said his two restaurants in Kent had been raided at around 6.30pm on Friday and Saturday nights, the peak time for his business. Around 18 uniformed officers arrived on each occasion and closed the restaurant, he said.

Customers who were halfway through their meals had to leave without paying their bills. Staff members then had to wait for two to three hours while they searched the premises, checked documentation and fingerprinted some members, he said.

“They didn’t find anything but it spoilt business for those nights.” No action was taken against the restaurant, he added. Muhth said he would not mind if raids were conducted on quiet nights, such as Sundays and Mondays, and officers came in plain clothes and “spoke nicely” to staff. “Come in like a gentleman,” he said. “We’re not drug dealing, we’re selling curry.”

Points Based System

The United Kingdom’s new tiered system will replace more than 80 previous routes into the country for employment, study, and training related immigration. A sub-category of Tier 1 called General Highly Skilled Migrants (GHSM) will fully replace the current HSMP by summer of 2008. The first phase has already come into force as of 29 February 2008 for those already inside the UK who need to extend their HSMP visa or would like to switch into Tier 1 from another category. For applicants based in India, the new rules will come into effect on 01 April 2008. Other countries will be rolled out in the summer of 2008.

For those in the UK on Working Holiday Maker visas, they can no longer change their status to come under the points system. These individuals would have to make an out-of-country application. In this situation, the initial application goes to the Border and Immigration Agency in the UK, then following approval, a entry clearance application is submitted to a British High Commission or British embassy in their home country. In certain other cases where people have difficulty qualifying under Tier 1, they may also benefit by making an out-of-country application.

The new rules for highly skilled migrants do not change much from the HSMP, with the notable exception of more stringent English language requirements and a new “Maintenance” requirement. The Maintenance requirement states that a migrant applying for a Tier 1 GHSM visa or extending their current GHSM visa will be required to show that they have at least 800 GBP and have had that amount for three months leading up to their application.

National identity scheme delivery plan published

The delivery of the national identity scheme gathered momentum today as plans were laid out by the Home Secretary beginning with the introduction of identity cards for foreign nationals in 2008 and British citizens in 2009.

The scheme will begin in November this year with introduction of identity cards for non-EEA foreign nationals; initially starting with categories most at risk of abuse, which include foreign nationals seeking to enter or remain in the UK as a student or on a marriage visa.

Fingerprints will be collected from foreign nationals before they are issued with a card, which will show the details of the holder’s immigration status and entitlements – whether they are allowed to work or access benefits, and how long they can stay in the UK.

Within three years all foreign nationals applying for leave to enter or remain in the UK will be required to have a card, with around 90 per cent of foreign nationals in Britain covered by the scheme by 2014/15.

From 2009, the scheme will be extended to UK citizens. The first ID cards will be issued to people working in specific sensitive roles or locations where verification of identity will enhance the protection of the public. This will start in the second half of 2009, with the issuing of identity cards to those working airside in the country’s airports.

Home Secretary Jacqui Smith and Transport Secretary Ruth Kelly will jointly chair a meeting of industry representatives to ensure the smooth introduction of these new measures.

From 2010 young people will be able, on a voluntary basis, to get an identity card, which will assist them in proving their identity as they open their first bank account, take out a student loan or start employment. Later that year the scheme will be opened to voluntary applicants of any age.

From 2011/12, all passport applicants will also be registered on the scheme as they apply for the new biometric passports containing fingerprints.

Staff told to give deportation of foreign students low status

Immigration officers have been told not to deport routinely foreign students who overstay their visas, it was reported last night.

A memo sent to the Border and Immigration Agency’s regional directors tells them not to enforce the rules unless the students are deemed to be priorities. The agency said that those involved in fraud would be deported.

The document describes a rule change that makes students who overstay automatically liable for refusal if they seek a visa extension. It says that Lin Homer, the chief executive of the agency, made “critical comments” about the decision to enforce the removal of students and had intervened personally to stop one deportation.

The memo, written by Jonathan Lindley, the agency’s director of enforcement, and leaked to the Daily Mail, said: “I am surprised that any of these cases have come sufficiently high within enforcement teams’ priorities to merit such quick removal action. Please instruct your enforcement teams not to proceed with enforcing any student refusal cases unless they are deemed, at at least inspector level, to be a priority.”

Last year 309,000 foreign citizens came to study in Britain. There are no figures of how many remained after their student visa expired.

Ms Homer said in a statement: “The case that prompted this memo concerned a student who entered the wrong credit card details on an application that was submitted within time.”

David Davis, the Shadow Home Secretary, said: “It is astonishing that warped government priorities are dictating that our immigration authorities turn a blind eye to those with no right to stay in the UK.”

Other professionals to benefit from the ruling on doctors

Professionals in the UK such as accountants, bankers and marketing executives are also expected to benefit from last Friday’s court ruling on treating doctors from non-European Union countries on par with British and EU candidates for employment purposes. The appeal was lodged by the British Association of Physicians of Indian origin (BAPIO).

The rule is likely to improve the employment prospects of thousands of other professionals currently in Britain under the Highly Skilled Migrants Programme (HSMP). The ruling held that non-EU doctors under the HSMP need to be considered at par with British and EU doctors for employment.

Accountants, Techies, Engineers, Marketers should benefit from such a ruling, as employers will have to stop unlawfully applying such discriminatory rules of restricting HSMP holders from applying for permanent positions due to their limited leave to remain and also because of the draconian extension rules introduced by the Home Office.

Professionals under the HSMP who have a limited period of stay in Britain find it difficult to gain employment because employers prefer to recruit candidates who have no restrictions on their stay here.

Under the HSMP category, overseas professionals are first given two years leave to remain in Britain. If they show that they are economically active during this period, they are given further extension of three years.

After the Friday ruling, it will be illegal for employers to deny employment to HSMP professionals on the ground of their HSMP status.

The legal challenge brought by HSMP Forum against retrospective change to HSMP criteria introduced in November 2006 is scheduled to be heard on November 30. Another immigration-related case affecting thousands of professionals under the Work Permit scheme is scheduled for hearing on December 17 and 18. This case relates to raising of the qualifying period for permanent stay in the UK from four to five years.

The Parliamentary Joint Committee on Human Rights has criticised the changes to HSMP rules and raising the qualifying period for permanent settlement from four to five years. The committee, in its report in August, has called for urgent amendment of immigration rules to remove the retrospective aspect of the rules.

Employers face new fines for illegal working

Businesses must source migrant labour through legal means or face severe penalties, the Home Office announced today as part of its comprehensive programme to reform Britain’s immigration controls.

The Government is setting out new measures to prevent illegal working following a consultation with UK businesses. Under a new system of civil penalties, employers who negligently hire illegal workers could face a maximum fine of £10,000 for each illegal worker found at a business. If employers are found to have knowingly hired illegal workers they could incur an unlimited fine and be sent to prison.

These measures, which take effect in February, will make it easier than ever before for employers to carry out checks and for the Border and Immigration Agency to deal with non-compliance.

Home Secretary Jacqui Smith said of the new civil penalties:

“By stamping out illegal working we are making the UK a less attractive destination for illegal migration.

“The new civil penalties are a more effective way of dealing with employers who use slipshod or exploitative recruitment methods. Together with the introduction of compulsory identity cards for foreign nationals next year, there can be no excuse for not checking the identity of those applying for jobs.

“By working together with employers and others we have developed a system that delivers the migrants the UK needs, but which also keeps out those that it does not.”

Chris Gillespie, HR Director of NCP Services, said:

“We employ staff from more than 100 nations so we often see people who do not have the right to work in this country trying to gain employment with very convincing forged documents. We work closely with the Home Office to ensure our processes and procedures are kept up to date.

“Illegal working cannot be tackled by the Government alone and it’s every employer’s duty to ensure that they conduct the proper checks on prospective employees.

“Illegal working exploits vulnerable people, undermines fair business competition and the minimum wage and deprives the economy of tax and National Insurance contributions.  These proposals will help ensure we close down illegal working and develop routes for employers to recruit legally the foreign workers they need to grow their businesses.”

The Government today also published a Statement of Intent setting out a new approach for licensing employers or colleges who wish to sponsor migrants for visa applications.  Under the Points Based System employers and colleges will need a license in order to sponsor migrants. To earn and hold a licence they must agree to fulfill certain duties.