150,000 Tier 4 student notifications of change backlog allowed thousands to overstay visas

John Vine, the Chief Inspector of immigration, admits that the UK Border Agency (UKBA) has a backlog of 150,000 ‘notifications about changes in Tier 4 students circumstances’ sent to them by colleges and universities, which means they do not know who has left the country and who has overstayed their visas. The latest UKBA fiasco, reveled in the latest Chief Inspector’s report this week, has allowed thousands of overseas students to potentially overstay in Britain when they should have had their visas curtailed. Mr Vine, has confirmed that at the time of his inspection in May there was a backlog of over 150,000 notifications about changes in students' circumstances, which includes discontinuing studies, failing to enrol on their courses or breaching the conditions of their visas. In John Vine’s report, published this week, Vine says: "As a result, there could potentially be thousands of migrants in the UK who were not complying with the conditions of their visa and whose leave should have been curtailed by the agency but had not been. "One senior manager informed us that at the time of the inspection there were potentially 26,000 students whose leave should have been curtailed and who should have had enforcement action taken against them." The backlog of notifications about changes in the circumstances of overseas students dates back to March 2009 when Tier 4 of the five tier points based system was launched. The problem with Tier 4 is that although it was supposed to be a fully computerised system, it was actually launched as a paper based manual system. Many commentators say ill-prepared points system has ended in tears. Visas were dished out all too easily and non-compliant students reported by the colleges were allowed to overstay their visas. Private colleges have long been aware that change of circumstance reports, such as a student dropping out of a course, sent to the UKBA are rarely even acknowledged let alone acted upon. Now the UKBA is spending millions of pounds of tax payers money employing private companies to track them down – shutting the stable door after the horse has bolted. Why didn’t the UKBA deal with them when they had their addresses at the time they were reported? Meanwhile UKBA bosses pay themselves massive bonuses, which the Chairman of Home Affairs Select Committee Keith Vaz MP says should be repaid following reports that UKBA officers misled Parliament over another backlog of asylum cases. The UKBA launched ‘Operation Mayapple’ (which sounds like something out of a Bond movie) last May to “identify” student who could still be in the UK and not complying with their Tier 4 visa conditions. ‘Operation Rosehip’ was launched by the at the same time to target students who should have left Britain. As a result 23,000 students had been ordered to comply with their student visas or face enforcement action. Responding to the report, the Immigration Minister, Mark Harper, said: "We are the first government to tackle the historically high levels of abuse in the student visa system. We have toughened the rules to ensure that genuine students are not taken advantage of by organisations looking to sell immigration not education. "At the same time, we have a great offer for the brightest and best international talent who want to study at our world class institutions." Labour's Shadow Immigration Minister, Chris Bryant, said this is yet another damning report about the UKBA and a scandalous situation. Bryant conveniently failed to mention that Labour introduced the points based system and were in power when the backlog of overstayers built up. Cynthia Barker of immigration advisers Concept Care Solutions has helped over-staying students who were arrested and detained pending removal orders. One Nigerian university student client, who had never been in trouble, spent 80 days detained in prison conditions, refused bail, sharing cells with convicted criminals and terror suspects. She said: “Young students from good families are intimidated by the experience of being detained and feel pressured into leaving voluntarily or are scared to seek legal advice. “Some clients leave voluntarily when they had a right to appeal or stay in the UK, for instance because they are in a relationship and have children. “Visa overstayers can avoid removal if they have an EEA partner. In this case we managed to pull him off a deportation flight ten minutes before take off because he was in a genuine relationship, and therefore a human right to a family life under article 8, with his Eastern European girlfriend.” If you have overstayed your visa or need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 2, Tier 4, applying for university if your college has closed down, Visa, ILR, Settlement, Citizenship, Dependent Visa or an appeal against a UK Border Agency or British Embassy refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email immigration@londonccs.com or visit http://conceptcaresolutions.com/page.php?id=15

Weekly UK Immigration News Round up 19 September 2010

Vince Cable says immigration cap is damaging British industry

This week a cabinet minister, UK Business Secretary Vince Cable, unusually spoke out against official government policy.

Labour trafficking suspects arrested

The UK Border Agency reports that three Indian men have been arrested by immigration officers, in conjunction with Northamptonshire Police, in Kettering as part of an investigation into suspected labour trafficking.

Pope Benedict XVI arrives in Britain

Pope Benedict XVI arrived this morning in Edinburgh at the start of the first papal visit to the UK for 28 years.

Lord Bingham ‘the greatest judge of our time’ dies aged 76

Britain lost one of its greatest judges this week when Lord Bingham past away.

Sham marriage fixer guilty

A Portuguese man admitted acting as a ‘fixer’ in a sham marriage at a Bristol church, The UK Border Agency reports.

Former Immigration Minister Phil Woolas campaign ‘to make white folk angry’

The BBC reports that the former immigration minister Phil Woolas set out to “make the white folk angry” in his election campaign, a specially convened court heard.

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

For more information on how you can migrate to Canada - CLICK HERE

UK Border Agency to increase fees for immigration and nationality cases

The UK Border Agency has announced plans to increase immigration and nationality application fees for all those applying to visit, study, work or stay in the UK from autumn 2010.

In line with, the agency blamed the fee increases on ‘budgetary pressures’ and government cuts in public spending, and said the ‘proposals for in-year fees increase will help to offset some of these pressures alongside efficiency savings’.

The implementation date of the fees hike will be published shortly.

Examples of the fee increases include:

• Settlement visas from £644 to £750 (apparently they "offer an extremely generous package of benefits to applicants", which sounds like Time Share speak to me)
• Tier 1 visa from £690 to 750
• Tier 1 in-country from £840 to £850
• Tier 2 visa from £270 to £350
• Tier 2 in-country from £475 to £500
• Tier 4 visa from £199 to £220
• Tier 4 in-country held at £357
• Tier 5 from £128 to £130
• Short term visit visas from £68 to £70
• 2, 5 and 10 year visit visas to £245, £450 and £650 respectively
• Increase in dependent fees to 20-30% of the principal applicant fee

The agency said that the ‘proposals to increase fees continue to strike the right balance between maintaining secure and effective border controls and ensuring that our fees structure does not inhibit the UK's ability to attract migrants and visitors who make a valued contribution’.

Immigration adviser Evelie Padadac was surprised by the mid-year increase saying:

“They normally increase fees once a year in April and this is the first time I have seen a second increase in the same year.

“However, the increases are quite small, as little as two pounds in some cases, and the in country Tier 4 student visa will remain at £357.”

See also:

Minister to announce crackdown on student visa numbers today

Smarter immigration controls needed says Minister Damian Green

Government adviser says dependant visas must be cut as part of immigration cap

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Tier 4 Student UK Graduation

Majestic College international student graduates receive their OCR NVQ certificates.

Many Tier 4 students have used their NVQ Health and Social Care qualification to successfully apply for a working visa (under Tier 2 of the points based system) and Social Care Workers.
www.majesticcollege.org

This week Business Secretary Vince Cable acknowledged the ‘huge export earnings from overseas students’.

See also:

UK Government propose graduate tax and wider role for private institutions in higher education

English UK win High Court battle over Tier 4 student visas

Early Day Motion calls on UK Government to scrap new Tier 4 student visa rules

Tier 4 student visa rules change starts today

Foreign student working hours to be cut under new rules announced today

Highly Trusted Sponsor Scheme for Tier 4 sponsors launched by UK Border Agency

Points Based System appeal case succeeds

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Want to improve your English? To find out how Click Here!

English language schools win High Court battle over Tier 4 student visa rules

English language schools, represented by English UK, have won a High Court battle over visa restrictions which they say are ‘absurd and damaging’ to their businesses.

They took the action over new regulations which say that people coming to the UK to study must have a good standard of English, even when they are coming to study English.

The restrictions were part of a raft of hurried changes to the student visa rules brought in before the General Election.

The previous Labour government said that migrants seeking low-skilled work were abusing the Tier 4 student visa system.

Foreign students coming to study are now required to have English language skills of at least GCSE level.

English UK, which represents 440 language schools, says the regulations are "disproportionate and unjustified".

The group's chief executive Tony Millns said:

"It's clearly absurd requiring students to know English before they come here to study it."

His group brought the case after new Tier 4 rules were announced on the Andrew Marr show by the former Labour Home Secretary Alan Johnson.

At the the same time The UK Border Agency also announced details of the newly launched ‘Highly Trusted Sponsor Scheme’ for education providers under Tier 4 of the points-based system.

Counsel for English UK argued in court that the Home Office should have brought the issue back to Parliament for proper debate.

Mr Justice Foskett said the fresh restrictions had been achieved through altering guidelines when there should have been a formal change to the rules, with the matter referred back to Parliament.

Mr Millns said:

"I am delighted and relieved.

"We are pleased that Mr Justice Foskett saw the merits of our case and we believe that his decision is good for the UK economy, to which the English language sector contributes about £1.5 billion in foreign earnings each year."

Common sense prevails

He said he hoped common sense would now prevail so that students could come into the UK to study English with a lower level in the language, equivalent to having studied it for 150 to 200 hours.

The coalition government says it is reviewing English language requirements across the visa system.

It believes the student visa system could be abused by people who want to come to Britain but have no intention of studying.

A spokesman for the Home Office said:

"We are carefully considering this judgment.

"This government is committed to undertake a review into the Student Tier of the Points Based System in its entirety later this year to ensure that every student who comes to the UK is genuine."

Last month the government said it would bring forward to the autumn other measures planned by Labour requiring many immigrants marrying UK citizens to prove they have a command of English.

Related stories:

English language schools to challenge tightening of visa rules by judicial review

Early Day Motion calls on UK Government to scrap new Tier 4 student visa rules

Tier 4 student visa rules change starts today

Foreign student working hours to be cut under new rules announced today

Highly Trusted Sponsor Scheme for Tier 4 sponsors launched by UK Border Agency

Points Based System appeal case succeeds

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk