INVALID APPLICATION

Invalid immigration applications cause serious difficulties. The problem is that the UK Border Agency advises people not to make applications until shortly before their existing leave is due to expire. However, it often takes the Border Agency days or weeks to look at the application, by which time the person’s existing leave has expired. As long as the application was valid, this causes few difficulties because the person’s leave is automatically extended by section 3C of the Immigration Act 1971 until the end of the application or appeal process. A serious problem arises where the Border Agency in their wisdom return the application as invalid: the person becomes an overstayer, commits a criminal offence by even remaining in the UK to re-submit the application, risks a re-entry ban and loses any right of appeal if the re-submitted application is unsuccessful.

There are many reasons why applications are declared invalid. In fact, it is quite difficult to get absolutely everything right. I once acted in a case where an application where it was declared invalid because the applicant had not entered a land line telephone number in the mandatory box. He had no landline. Applications are sometimes rejected because the photographs are too small, too smiley or too frowny. Submitting the incorrect fee (too much or too little does the trick) leads to automatic refusal, despite the difficulties calculating that fee when there are dependents involved. All of this would be good reason to hold the application and ask for further information or repayment, but it is not a good reason to criminalise the person concerned. Some might think that it makes such a mockery of the idea of criminal immigration offending that UKBA can hardly continue to go around saying that overstaying is a serious matter.

There are several cases where these issues have been canvassed. One of the most useful is that of Forrester, which I wrote about at the time. A handy little new case has just come out that may help some people: R (on the application of Kisuule) v Secretary of State for the Home Department [2011] EWHC 2966 (Admin). In this case the application was refused on the grounds that photographs were not included at all. The applicant insisted that he was very sure he had included them. The judge sided with him and held that the application had been validly made in the first place. The Border Agency will have had to pay the claimant’s costs.

These invalidity cases are a huge waste of everyone’s time and effort, they make a mockery of a criminal offence and it is high time the Border Agency reverted to the old system where leave was automatically extended for 28 days to give an opportunity to resubmit an application.

 

Tier 1 (Exceptional talent) is now open

The Tier 1 (Exceptional talent) category of the UK's points-based system is now open for applications.

The new category is for people who are internationally recognised as world-leading or potential world-leading talent in the fields of science and the arts.

Applications under Tier 1 (Exceptional talent) must be made from abroad. You cannotapply if you are already in the UK.

Tighter rules for international students (10/02/2010)

Today the UK Home Secretary Alan Johnson announced that international students who wish to study in the UK will be required to meet stricter criteria in future.

The new requirements for international students follow a review of Tier 4 of the points based system (PBS). The review looked at whether the current arrangements meet the right balance between facilitating access by genuine students and preventing abuse by economic migrants.

The new requirements are targeted and proportionate and continue to support the UK government's commitment to ensuring that the UK remains an attractive destination to legitimate international students who want to benefit from the world class education that the UK has to offer. 

The next step will be to discuss the details of the implementation of the changes with the education sector.

he Home Secretary said:

"The points based system was introduced to provide a rigorous system to manage legitimate access to the UK to work and study, with the ability to respond to changing circumstances.

"We want foreign students to come here to study, not to work illegally, and today we have set out necessary steps which will maintain the robustness of the system we introduced last year. I make no apologies for that."

The new requirements for adult students will include the following, and be introduced in three stages:

• raising the level for English language students coming under Tier 4 from A2 (beginner) to B2 (intermediate). The only exceptions to this will be for overseas government-sponsored English language students and students on pre-sessional English language courses as preparation for full degree courses;
• students studying below degree or foundation degree level will be restricted to working for 10 hours per week during term-time (a reduction from 20 hours), with full time employment permitted during the holidays;
• students studying on courses of six months or less will not be entitled to bring their dependants to the UK unless they qualify in their own right under one of the other PBS tiers and  
• dependants of students studying courses below degree or foundation degree level will not be permitted to take employment in the UK unless they qualify in their own right under one of the other PBS tiers.

These requirements require changes to the Immigration Rules and are expected to come into effect on 3 March 2010.

In addition:

• the government will establish a "highly trusted sponsor programme". The details of the programme will be developed with the education sector over the next couple of months. This is expected to come into effect on 6 April 2010, from which date:
• only Highly Trusted Sponsors will be able deliver NQF level 3 courses and
• only Highly Trusted Sponsors can deliver work placement courses below degree level.
• the government will also develop with partners a mandatory English language test for students coming to study below degree level which will demonstrate English language proficiency to the required standard (B1) and be officially approved by the UK Border Agency. The aim is to implement this by early Summer 2010.

Minister for Business, Innovation and Skills, Pat McFadden, said:

"Genuine international students are welcome in the UK. They make a significant contribution to the academic and cultural life of the universities and colleges where they study and bring over £5.3 billion to our economy each year. But where there is abuse it undermines the position of genuine students as much as anyone else.

"It is important that we protect the reputation and quality of our institutions by ensuring only legitimate students are able to benefit from the courses they offer. This is why we will work closely with the education sector to implement the recommendations of the review."

In addition, today the UK Border Agency published proposed new fees for immigration and nationality services which are set at or below the cost of processing. The Tier 4 visa fee will rise from £145 to £199 with effect from 6 April 2010. Although international students are being asked to pay more, they continue to pay less than it costs to process a Tier 4 visa and this is in recognition of the importance of international students to the UK.

Notes for Editors

• The Implementation Plan for Tier 4 of the PBS can be found at UKBA website.
• The Prime Minister announced the review of Tier 4 on 12 November 2009. The review was conducted by the Department for Business, Innovation and Skills and the UK Border Agency. It looked at the case for and against policy changes and specifically the potential impact of raising the minimum level of study an adult may undertake in the UK, introducing English language test for those coming to the UK to study below degree level, restricting access to vocational courses (courses with work placements) and the work entitlements of students.
• Students wishing to learn English and who are at beginner level, will still be able to come to the UK to study for a maximum of six months under the student visitor route (not Tier 4). Student visitors will be able to study English language at levels below B1 with an education provider that is accredited by a UK Border Agency-approved accreditation body.
• Current guidance for Tier 4 student visa applications is available at UKBA website.
• The UK Border Agency publishes annual entry clearance statistics in August each year.
• Visa fees are reviewed every year. They are debated in Parliament and implemented at start of the new financial year when fee guidance will be issued to customers.

Suspension of Tier 4 student application

Suspension of Tier 4 student applications in North India, Nepal and Bangladesh

31 January 2010

The UK Border Agency has announced that, from 1 February 2010, it is not accepting any new applications under the Tier 4 student route of the points-based system at the following visa application centres:

• North India - New Delhi, Jalandhar and Chandigarh
• Bangladesh - Dhaka, Sylhet and Chittagong
• Nepal - Kathmandu

The head of the points-based system at the UK Border Agency, Jeremy Oppenheim, said:

'The points-based system gives us the flexibility to act to maintain the integrity of the visa system, while processing legitimate applications fairly, thoroughly and as quickly as possible.

'We continually check and monitor all student applications and education providers to ensure that they meet the required standards set by the points-based system. As a result of this routine monitoring and an increase in applications, we have temporarily stopped accepting new applications from North India, Nepal and Bangladesh while we carry out an investigation to ensure they are all genuine.

'We will take tough action against those who attempt to abuse the system.'

uk student visa ? what to do or not ! ! !

 from reddif




Studying in the UK might be a dream for many, but there are many pitfalls students (and their parents) should be aware of before they embark on their study abroad journey. This article is to help potential UK students who wish to consider UK as the country to study, live and work. In my experience, many students are not guided honestly in building their careers in the UK.

Often students run into agents who are commissioned by bogus, low-grade colleges in the UK for getting admissions and visa using 'short-cuts'. At most these students ask some of their friends already in the UK about the system. My advice to students is to use the British Council office in India to evaluate the institutions. Find out first if the college a private limited company and if it is, be careful that the college enjoys a good reputation and has been stable for years. The reason why I mention this is because the company and the owners are a separate legal entity. If the company that is your college is in trouble, you end up losing your money. You will be left helpless if you go to the UK to find the college is no more trading.

So before you buy your ticket to London [ Images ], take a look at some of the things you need to know:

• Is the college is a private limited company? Find out what if the company has a registration number. You can check if the company is trading or not by searching on www.companieshouse.gov.uk. Just enter the company name or registration number to check the status of the company. If you see that the company is dissolved, do not enrol. The quality of the education provider matters and will affect your career. So before applying to any college whose advertisement boasts about bright career prospects, make the effort of researching the institution before giving in to the excitement. Remember you want to come to the UK to build your career.
• If the college shows it has a MBA programme accredited by a UK university then find out directly from the university if the college is authorised to use their name. Some selfish business owners from Asia settled in the UK form companies and may use the name to show that they are associated with premier universities. They advertise heavily in Indian newspapers to attract maximum students. Every college is not like that, but I have seen several students suffer due to some unscrupulous elements.
• Try going directly through the college rather than the agent for visa or admissions as the criteria is academic merit and not the agent's name. No one can guarantee the visa for you. You do not need to have 80 per cent+ to get admission in the UK as applications depend on different criteria for different educational institutions. Some bogus colleges take anyone as long as they pay. To ensure that you are applying to a good institution make sure that the college or university has a sponsorship number or license. This is a new provision introduced by the Home office in the UK to clamp down on bogus colleges.
• Once you are convinced that you have found the right course, college or university apply honestly. These days you can do everything online. You can pay the registration fee directly online or by calling the institution. Make sure you get a receipt for your payment and it should clearly state the process in case of visa refusals. For instance, if the course costs GBP10,000 for an MBA, they may ask for GBP5,000 for registration to issue a non-conditional offer letter for admission. Before you pay make sure to ask how you will get a refund if your visa application is refused. There may be a reasonable admin charge.
• The admission letter then can be taken to Indian banks for educational loan application purposes. Banks have really come up in last few years to make the process of educational loans very easy. You can apply online. Try SBI [Get Quote ], OBC and others. Do not over borrow for laptops, mobile phones and other stuff that you may not need now. Why? This is because every pound you borrow increases loan repayments since the interest will be compounded. Thus, be reasonable and try to arrange as much as you can from other sources. Also, do not lose the desire to study in the UK just because you do not have solid financial backing. You may get scholarships or a loan if your family has a fixed asset that could be a collateral security against the loan. Do not rely only on what friends say about loan rates. Make a habit of finding out yourself by going to as many banks as possible. Many times students take short cuts and end up in a mess.
• During the visa process, fill the form honestly yourself. Be to the point. Do not lie if you have applied for a visa and have been refused one for any country. If they ask your household income be sure that you have facts to support your claims like bank statements, PAN card, income tax returns, pay slips, etc. The main foundation of the application is correct details and solid finances as the UK government will not allow you to enter the country if they perceive that you do not have the finances to study and live in the UK without depending on their public funds. If you are not sure about anything, visit www.homeoffice.gov.uk or ask the university where you seek admission.
• Once you have reviewed your application submit it and wait for the outcome. Once you get the visa prepare to come to the UK. No book or article can prepare you for the hardships of a student in the UK. It is a great experience to study in one of the best places in the world like London. You learn to grow 10 times quicker than what you experience in India as you don't have the comfort of your own home, with no pressure of paying rent or bills etc.
• Finding accommodations is challenging before you arrive in the UK. Thus my advice is research well in advance. Websites like www.gumtree.com , www.findaproperty.com are good places to start looking for a room. Most students share a house or flat. University-arranged accommodations will be much more expensive ranging from a minimum of GBP110 per week + bills depending on the area you will be living in. Do not pay the money to advertisers as there are fraudsters preying on innocent people. The best approach is to contact the person by email first. Ask for the full address and speak to them on the phone. Agree that you will give the deposit on arrival. Sometimes students pay in advance and may be disappointed as landlords specially are not too concerned about the welfare of students.
  
  Having said that, if you go through an estate agent it may become easier but will prove expensive. Again my suggestion is first visit the place, read the contract and then pay. Unfair contracts may be written so you can object if you do not agree with them. Contracts for tenancy vary from one month to one year depending on your need.
• Please make sure you look at the termination of contract rules too. Ask them if they will put the deposit in a special fund as many times students do not get refunds because landlords make excuses of unfair wear and tear in the property. It is normal to give a month's or one week's notice for leaving. Make sure you do not sign for your friends, like if you are three friends who want a three-bedroom house for say GBP900 per month inclusive of all bills. Please get a contract drafted where you are responsible for only your share of the rent that is GBP300.  If you sign as the responsible person for paying the full amount and your friends leave you will be liable to pay all GBP900.
  
  It is fair to get all names on the contract, clearly stating you are responsible for paying only for your room. Get proof of electricity, gas reading by taking a picture of meters on the day of arrival on your mobile phone. Thus when the bills come you will pay from the day you rented the property.
• If you live in places like East London which is just 20-25 minutes by London Underground to Central London where most good universities, are you may find a room for GBP65-90 per week including gas, electricity and internet. One more thing, full-time students are exempted from council tax so if anyone tries to charge you for that refuse to pay. To gain exemption on council tax you will need a letter from your employer.
• Make sure you spend time in making your resume neat, precise and improvised so that it fits the job you will be applying for. Do not cut, copy and paste your friend's resume to avoid disappointments. Make a good covering letter and state how you will add value to the employer. Merely saying 'I am confident, I can do anything' will not land you the job as there are millions of students and people looking for jobs in this recession. But do not lie. If you have not done it, don't make it up. Be honest and your sincerity will go a long way.
• National insurance: As a student you are allowed to work only 20 hrs per week and when the session is over you may be allowed to work full time as per home office rules. But please confirm this from www.homeoffice.gov.uk. You will need something called a NI number (National Insurance number) before you can start working. You can apply for this number on the phone once you arrive in the UK. You will get a date of appointment once you speak to an advisor on the phone. If you find work before this, let your employers know that you have applied for it as it may take a while till you get it. This number will look something like this: ST245763A, and will be on your pay slip. For more information on NI, visit www.directgov.uk.
• Finding a job is very hard and I make no assurances that it will be easy or you will get a job through a contact like in India. You should be prepared to do everything yourself. The sooner you realise this the better it will be for you. There are always jobs available for students here so apply properly. A typical example is instead of applying for 30 positions in a day where you just applied by sending your CV to 30 companies without a covering letter and understanding the job requirements send 10 good, well thought out applications. You will get positive results if you apply yourself qualitatively not quantatively. Be prepared to fill online job application forms. Jobs where most students can get jobs are in the retail sector. If you work in London you can expect to earn a minimum of GBP5.73 per hour to GBP12 per hour depending on the work you are doing. Good jobs sites are www.totaljobs.com,www.monster.co.uk.
• Health: Get registered at the nearest doctor in your area as soon as possible by visiting www.nhs.uk. You just type in your post code, eg SW16 6EY, and click search for GP, dentist and walk in clinic. It is advised that you do this as soon as possible, so that if you are unwell you know where to go. In case of an emergency, dial 999 and say ambulance if you are serious. Do not waste their time if you have a mild headache. The same number, 999, is for the police and fire brigade too. Also, 999 calls are free.
• For mobile phone deals use comparison sites like www.moneysupermarket.com. You may find good deals there. Try a SIM only deal without a long-term contract, for just GBP10 a month if you do not have a job.

For more insights on career development, business start-up advice, how to make a resume that stands out, how to become a professionally qualified accountant in the UK and more such features, watch this space.

Immigration help for visa rejection/refusal(uk)

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IMMIGRATION TIER 1 (HSMP) / Immigration Point Based System (PBS) – Tier 1 General (HSMP) HSMP Forum Judicial Review: Settlement (20.05.2009) Judicial Review – Home office Policy for Highly Skilled Migrants (10.07.2008) The TIER 1 (Point Based System) has already been launched and is currently active. This has affected a large number of applicants who wish to apply for Highly skilled migrant programme (Tier 1 General), Business person visa (Tier 1 Entrepreneur), Investor visa (Tier 1 Investor) and Post study work visa. We will now discuss each of the TIER 1 categories separately to have full understanding on the subject TIER 1 (General) TIER 1 (Entrepreneur) TIER 1 (Investor) TIER 1 (Post study work) Tier 1 (General) The applicants are required to score at least 95 points in total to successfully apply for the required visa and they can claim following points under the various heads: A. Scoring Sections I Attributes Initial Application The applicant has to score 75 points under this section that can be claimed in the following manner: By completing a Qualifying MBA under the Transitional Arrangements: 75 points (max.) or Qualifications (35 – 50 Points) Previous Earnings: (15 – 45 points) UK experience (5 Points max.) Age: (5-20 points) The applicant must claim 75 points either by doing a qualifying MBA under Transitional arrangements or a total of 75 points using any or all of the options given above. Qualifying MBA: Applicants who have enrolled on an eligible MBA programme before 30 June 2008 and have completed the MBA within the 12 months prior to making his / her application may claim 75 points for “Attributes”. In this case, they do not require scoring points under any of the above sub sections. Qualifications (from 01.04.2009): An applicant having a Masters degree will be able to claim 35 points or 50 points for having a PHD in any subject. The maximum is 50 points that can be claimed under this section. Past Earnings (from 01.04.2009): Applicants will be able to use earnings earned in the 12 out of last 15 months from the date of application. The UKBA has now given a single list of earning levels that will enable the applicants to claim points according to the level of earnings instead of making different income bands for different set of countries. However, uplift multiples are available to enable the overseas applicants multiply their overseas earnings to assess the number of points they can get under this section. The applicants can get 15 points for having earnings of above £20K and 45 points for having earnings more than £40K in the 12 months out of last 15 months. There is an exception for those who have been on full time study or were on maternity or adoption – related absence; they can earnings earned in the 12 months out of last 15 months, immediately before commencing their full time studies or going on maternity or adoption – related leave. UK Experience: Maximum 5 points can be claimed if an applicant scores points for past earnings and those earnings were made in the UK or has studied for at least one full academic year at a Bachelors degree level or higher in full time higher education in the UK. Age: The maximum one can get is 20 points for being under 28 years of age while the minimum is 0 for being 32 or over. The applicants of age 28-29 can get 10 points while applicants of age 30-31 can only get 5 points. Extension Application The applicant has to re-qualify under the point based system and score 75 points that can be claimed in the following manner: Qualifications (30 – 50 Points) Previous Earnings: (5 – 45 points) UK experience (5 Points max.) Age: (5-20 points) Qualifying MBA: Thos applicants who got their previous grant of leave on the basis of having completed a qualifying MBA must have to claim a total of 75 points under the sections mentioned above. They will not be given 75 points automatically as he got in their first application. Qualifications: An applicant having a UK Bachelors Degree will be able to claim 30 points, or 35 points for having a Masters degree or 50 points for having a PHD in any subject. The maximum is 50 points that can be claimed under this section. Past Earnings: Applicants will be able to use earnings earned in the 12 out of last 15 months from the date of application. The applicants will be able to use their earnings in the UK and also their income from overseas. But they will not be allowed to use multiples in extension applications. The applicants can get 5 points for having earnings of above £16K and 45 points for having earnings more than £40K in the 12 months out of last 15 months. There is an exception for those who have been on full time study or were on maternity or adoption – related absence; they can earnings earned in the 12 months out of last 15 months, immediately before commencing their full time studies or going on maternity or adoption – related leave. UK Experience: Maximum 5 points can be claimed if an applicant scores points for past earnings and those earnings were made in the UK or has studied for at least one full academic year at a Bachelors degree level or higher in full time higher education in the UK. Age: The maximum one can get is 20 points for being under 31 years of age while the minimum is 0 for being over 34 years of age. The applicants of age 31-32 can get 10 points while applicants of age 33-34 can only get 5 points. The applicant can only claim a total of 75 points if he can provide the relevant documentary evidences and claim points under any of the sub sections mentioned above. II English Language For Tier 1 (General), applicants are required to provide evidence that they speak, communicate and understand English language to a certain level. This requirement can be met in one of the following three ways: By being a national of one of the English speaking countries i.e. USA , Australia , Canada etc. By having a degree level qualification from an English speaking country By having passed an English language Test (IELTS: 6.5) This will give 10 points to the applicant. Exemptions. Following persons however will automatically be given 10 points under this section: The one who has got leave to remain / entry clearance under Tier 1 (General) or Tier 1 (Entrepreneur) and is seeking extension of leave to remain. The one who has got leave to remain / entry clearance under HSMP after 05th of Dec. 2006 and is seeking to switch to Tier 1 (General). III Maintenance The applicant need to score 10 points under this section by providing evidences confirming that he has got sufficient amount of money for the maintenance and accommodation of himself and any of his dependants. He has to provide evidences that he has maintained a specific amount of money for at least 3 months prior to making the application (initial or extension). The applicant must provide evidences that he has got access to following amounts of money to make the visa application for himself and / or for his family members: £2800, if the applicant is making an entry clearance application from outside the UK £800 if the applicant is making an in-country application either to extend his existing visa or an initial application while remaining in the UK. £1600 for each family member, in addition to the £2800 for his own, if he is being accompanied by his family members and all of them are making entry clearance applications from the relevant British Diplomatic posts £1600 for each family member, if he is in the UK for less than 12 months and his family members are making an application from overseas £533 for each family member, if the main applicant has been residing in the UK for more than 12 months Please note that the funds for the maintenance of the family members can be available in the main applicant`s name or the dependant`s name. This is a very strict requirement and the application will likely to be refused even if the balance falls down the required threshold at any stage in the last three months. There are no exemptions of this requirement. B. Duration of Tier 1 (General) The first time applicants will be given 3 years visa whether they apply for entry clearance or switch from another immigration category. Those who are already on Tier 1 (General) will get extension for 2 years to enable them complete five years residence in the UK and apply for ILR. C. Work Allowed Applicants having leave to remain or leave to enter under the Tier 1 (General) will be allowed to take any employment or engage in self employment activities or work in a combination of both. The dependants will also be enjoying full rights to work in the UK similar to the main applicant. The only restriction that they will have is that they will not be allowed to work as a Training doctor. D. Switching Rules Into Tier 1 (General): Following persons will be able to switch into Tier 1 (General): A highly skilled migrant A Tier 1 (Entrepreneur) migrant A Tier 1 (Post – Study) migrant A Tier 1 (Investor) migrant A participant in the FT: WISS A participant in the IGS A Business Person An Innovator A student A student nurse A student re-sitting an examination A student writing up a thesis A post graduate doctor or dentist A work permit holder A self employed Lawyer A writer, composer or Artist Please note that the rules of switching are very strict and no one else is allowed to switch to Tier 1 (General) while remaining in the UK , unless there are truly compassionate circumstances. E. Settlement Prospects Although the persons on above mentioned visas are allowed to switch to Tier 1 (General) visa, only following will be able to use time spent on their previous visas towards 5 years residence criteria for ILR. Highly Skilled migrant programme participant Work permit holder Innovator Self employed lawyer Writer , Composer or Artist It means that if a Tier 1 (Entrepreneur) migrant having already spent 2 years on that visa, switches to Tier 1 (General) category, will lose that 2 years time for settlement purposes and have to complete 5 years on Tier 1 (General) to become eligible for permanent settlement. Those who have completed a total of five years in a combination of any of the above mentioned immigration categories will be able to apply for Indefinite leave to remain one month before completing their five years. F. Administrative Review (Entry clearance applications only) If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of making a request for a review of the decision that must be exercised within 28 days of the date of service of decision. The applicant will only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidences with the review request. It is therefore strongly advised to take professional help while making grounds for making review request. G. Appeals (In country Applications only) The applicants whose Tier 1 application is refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, the applicant will however be allowed to make use of fresh documentary evidences / information in support of his appeal against the decision of the UKBA. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision. It is strongly advised to take independent professional assistance to lodge an appeal against the decision of the UKBA. H. What services we can offer? We can advise on the procedure, requirements and merits of making an application to the home office / British Diplomatic post. We can provide assistance in completing the application forms and advise on the list of required documents. We can advise and represent our clients in making representations in support of their immigration matters. We can advise and represent our clients’ dependant to seek dependant visas in line with the visa of the main applicant. We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s entry clearance application is turned down for some reason. We can advise in making permanent residence (ILR) applications for those who have already completed their five years period in the UK . Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of the immigration matters of our clients.