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Thread: Immigration updates .. specially for TIER 4 PATIENTS...

  1. #1
    Senior Member
    Join Date
    Jun 2008

    Immigration updates .. specially for TIER 4 PATIENTS...

    Immigration Bill

    The Immigration Bill 2015-16 [^]was printed and had its first reading [^] in the House of Commons on 17 September 2015. The second reading [^] is due on 13 October.
    It largely builds on measures implemented in the Immigration Act 2014, which are designed to create a 'hostile environment' for those who require immigration permission to be in the UK but who do not have it.
    The Home Office has published an impact assessment and factsheets [^] about the contents of the Bill.
    The Immigration Law Practitioners' Association (ILPA) has produced an information sheet about the Bill [^] and barrister, Colin Yeo, has written a detailed analysis of the changes to appeal rights [^].
    Last modified: 29 September 2015

    The main proposals that could be of relevance to international students are:
    • Working, including an immigration skills charge
    • Residential tenancies
    • Driving licences
    • Bank accounts
    • Power to cancel leave extended by virtue of section 3C of the Immigration Act 1971
    • Repeal of section 3D of the Immigration Act 1971

    A new offence of illegal working will be created. This means working when a person either has no leave or when work or the specific type of work undertaken by an individual is prohibited. This is of relevance to the following students:
    • those with no leave, however that happened
    • those who are prohibited from working, which is the case for all Tier 4 (General) students at private colleges, and at publicly-funded colleges if they applied for leave on or after 3 August 2015 (with the exception of work placements that are an assessed part of the course). Short-term students are also prohibited from working.
    • those who have leave and are allowed to work but who undertake prohibited types of work, for example, Tier 4 (General) students must not be self-employed or work as a professional sportsperson or as an entertainer.
    Those who commit this offence are liable to a period of imprisonment and/or a fine as well as in most cases immigration sanctions.
    An employer who has reasonable cause to believe that an employee should not be undertaking the work in question can be punished by a maximum period of five years in prison.
    Employers who are Tier 2 or Tier 5 sponsors will be charged an immigration skills charge when they sponsor individuals under these immigration categories. Codes of Practice that have not yet been published will set out the level of charge and any exemptions. This could deter employers from sponsoring recent graduates to stay for work.
    Residential tenancies

    A tenant who is required to have leave to be in the UK but who does not have it can be evicted. This will apply to tenancies entered into before as well as after implementation of this Part of the Bill. A landlord who has reasonable cause to believe his or her tenants have no 'right to rent' but who takes no action against them can be imprisoned for up to five years and/or be fined.
    The Government has not yet published its evaluation of the 'rent to rent' pilot in the West Midlands. However,JCWI's report [^]highlights concerns, particularly around discrimination against certain groups of potential tenants. The House of Commons has also published a Briefing Paper [^] that considers the pilot and these proposals in the Bill.
    Nearly Legal's housing lawyers have written a blog dealing with the tenancy provisions [^].
    Driving licences

    The Bill creates a new offence of driving when unlawfully in the UK. The penalty will be imprisonment and/or a fine, as well as immigration sanctions. People and premises can be searched for a driving licence.
    Bank accounts

    Banks and building societies will be required to check the immigration status of current account holders at a frequency to be set out in regulations not yet published. They will be charged for doing this, and presumably that charge can be passed to customers. They will have to inform the Home Office if they believe that one of their current holders does not have permission to be in the UK. The Home Office, if it agrees and considers that the individual should not hold an account, will be able to order the bank or building society to close the account or it can apply to court for a freezing order.
    Power to cancel s3C leave

    If the Home Office considers that a person who has applied for leave has failed to comply with a condition or used or uses deception in seeking leave to remain, that person's leave extended by virtue of section 3C of the Immigration Act 1971 can be cancelled. This means that the individual will become an overstayer and will immediately be affected by all the measures summarised above, as well as usually being prohibited from study.
    Those subject to section 3C leave include those awaiting a decision on an application made in the UK before the previous leave expired but who have not received a decision before that leave expired. It also includes those who have applied for administrative review of a decision to refuse leave, as long as the original application for leave was made before the previous leave expires and the application for administrative review was made before its deadline.
    From 12 November 2015, the only Tier 4 (General) students who will be able to apply to extend their leave in the UK under Tier 4 (General) will be those sponsored by a higher education institution (HEI), or by an overseas HEI, or by a private college that meets the definition in paragraph 6 of the Immigration Rules [^] of an 'embedded college'.
    Repeal of s3D

    Most people whose leave is varied so that they have no leave remaining or whose leave is revoked no longer have a way of challenging this, other than through judicial review. Previously they had the right of appeal. Only those whose leave is cancelled on arrival in the UK because of a change in circumstances,the provision of false information or a failure to disclose material facts have the right to apply for administrative review. Unless their leave is cancelled in Belgium or France, they make that application in the UK. Section 3D ensures that they are in the UK lawfully until they receive a decision on their application for administrative review. If section 3D is repealed, it would in effect no longer be possible to exercise this right to apply for administrative review in the UK.
    We think it would make more sense not to repeal section 3D, but instead to expand the groups of people who can challenge curtailment and revocation of leave through administrative review, so that all those who previously had the right of appeal can apply for administrative review. This could help students whose leave is incorrectly curtailed leaving them with no leave in the UK and no straight forward means of redress.

  2. #2
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