Home Office Restricts Non-EU Students Switching To Tier 1 Entrepreneur Visas

Cynthia Barker writes...Just back from a short break, so catching up today! Hold on to your passports, the UK Home Office has announced new measures to clamp down on Tier 1 Entrepreneur Visas, after checks revealed they were being used by Tier 4 students to switch visas under questionable motives. 

The Telegraph reports that the Home Office said the number of foreigners applying for the right to stay in this country under the entrepreneur scheme rose from 118 in 2009 to just under 10,000 last year, with two thirds of the applicants – more than 3,000 people – being granted a Tier 1 Entrepreneur visa. 

According to the report, organised crime gangs may have been involved in the visa scam. Immigration fraudsters charge applicants to temporarily lend the £50,000 required to demonstrate they had the capital to invest in business schemes.

A statement from the Home Office said that evidence from tax records showed that people on expiring Tier 4 student visas were transferring to entrepreneur status on the basis of setting up a business, when in reality they are working in low skilled jobs.

With the new clampdown, students will only be able to switch using funds from a government-approved source, and post-study workers will need additional evidence of their business activities.

In addition, those who have not yet started businesses and who do not have evidence of a genuine business will not be able to switch from the old post-study route onto an entrepreneur visa.

Immigration Adviser Cynthia Barker of Concept Care Solutions said the scheme has proved popular with students who often have no option but to start a business in order to remain in the UK.

“Over the last couple of years I have been approached by a number of students or post study work visa holders looking to start a business and switch to a Tier 1 Entrepreneur visa.

“The visa process was not as easy as the newspapers make out, as the Home Office asked a lot of questions about the business plan and we had to appeal for one applicant, despite being a genuinely good case.

“The government launched the scheme to attract people to start businesses and invest in the UK, which is what the scheme has achieved. Just because a student is currently in a low skilled job, it doesn't mean they cannot start a business – Richard Branson was a student when he started out in business!”

Recent Home Office statistics show that 24,641 non-EEA partner visas were issued to in 2013. This as a decrease of 6,847 (22%) from the 31,508 partner visas issued in 2012.

Home Office statistics show that, in the period from 1 November 2012 to 30 September 2013, 34 settlement visas were issued to an adult dependent relative under Appendix FM to the Immigration Rules.

The APPG on Migration published the final report in June of an inquiry into the impacts of the family migration rules, chaired by Baroness Hamwee. The inquiry received evidence from over 280 sources, which collectively suggested that a broad range of British citizens and permanent residents had been affected by the rules.

Source: Migrants Rights network and an All Party Parliamentary Group (APPG) on Migration, which met this month.

If you have been affected by changes or need advice on any immigration matter, including overstaying your visa, EU or UK immigration law, or want to appeal against a refusal, call Cynthia Barker on 07850 307687 or 0208 731 5972 or email her your details to immigration@londonccs.com. Cynthia Barker is a qualified OISC Registered Immigration Adviser, with 15 years experience in immigration matters, with a team of Level 3 Immigration Law Practitioners, Concept Care Solutions, Middlesex House, 29-45 High Street, Edgware, HA8 7UU.

Home Office Says LSBF Tier 4 Student Visa Suspension Justified

Cynthia Barker writes...Following my blog last week (Home Office Declares War On Private Colleges), the Home Office has dismissed accusations that it unfairly suspended the Tier 4 student visa sponsors licence of London School of Business & Finance, Education Investor reports.

LSBF, a large private college based in central London, was among of 57 private colleges stripped of their right to recruit new overseas students last week, following the latest Home Office crackdown colleges and some universities.

The management of LSBF says it was unfairly penalised for failing to prevent students working during their courses - a breach of immigration rules for most Tier 4 students studying at private colleges. It has begun an internal investigation and plans to hire PwC to fight their case.

The Home Office rejected the claims and a spokesperson said: "We have found extensive evidence of widespread cheating on English language tests by those studying at the London School of Business & Finance.

"We have suspended their licence because of numerous, broader failings in respect of their sponsorship duties," they said.

However, there is no suggestion that LSBF encouraged or turned a blind eye to falsified English language test results.

The firm points out that a majority of LSBF students identified as working during their studies were “directly sponsored by UK universities but studying with LSBF under franchise or similar arrangements”.

The college claims that the remainder had either been enrolled prior to the introduction of restrictions on foreign student work rights aimed only at private colleges, or had simply not worked while at the college.

If you have been affected or need advice on any immigration matter, including overstaying your visa, EU or UK immigration law, or want to appeal against a refusal, call Cynthia Barker on 07850 307687 or 0208 731 5972 or email her your details to immigration@londonccs.com. Cynthia Barker is a qualified OISC Registered Immigration Adviser, with 15 years experience in immigration matters, with a team of Level 3 Immigration Law Practitioners, Concept Care Solutions, Middlesex House, 29-45 High Street, Edgware, HA8 7UU.

Home Office War On Tier 4 Sponsor Colleges And Universities

Cynthia Barker writes...It's war on private colleges again, as the Home Office discovers thousands of fraudulent English certificates as students apparently working in the UK illegally under Tier 4 student visas.

Okay, the Home Office hasn't actually declared war on education providers, but with the government struggling to meet net migration targets by 2015, students and colleges are the next target.

Earlier this week, Immigration Minister James Brokenshire stood up in Parliament and announced an inquiry into abuse of the student visa system after finding evidence of criminal activity, and added that several colleges and universities had been suspended from sponsoring non-EU students.

The minister revealed that out of 48,000 English certificates used to extend leave in the UK, 29,000 were invalid and 19,000 were "questionable".

Mr Brokenshire is pointing the finger, not at the Home Office caseworker who accepted the fake certificates when issuing UK leave to remain, but at the universities and colleges who also took them at face value.

UK Border officers found evidence of "serious concern" at some university campuses, and the Home Office has downgraded Glyndwr University in north-east Wales from a "highly-trusted sponsor" of Tier 4 student visas.

The Home Office has suspended Tier 4 Sponsors licences of 57 private further education colleges, and two universities - the University of Bedfordshire and University of West London - are suspended from sponsoring new students pending further investigations.

The certificates were issued by rogue colleges who gave the answers to students sitting English tests. How would a college or university admissions officer know that the tests were fake?

He added that LSBF, a large private college in London, had hundreds of students who were working, even though their visas should not allow work. However, if the CAS was issued by a university using LSBF as a London campus, then work would be allowed.

LSBF has issued a strongly worded statement of protest to the Home Office, but will probably face a large legal bill as the lawyers rub their hands with glee!

If you need advice on any immigration matter, including overstaying your visa, EU or UK immigration law, or want to appeal against a refusal, call Cynthia Barker on 07850 307687 or 0208 731 5972 or email her your details to immigration@londonccs.com. Cynthia Barker is a qualified OISC Registered Immigration Adviser, with 15 years experience in immigration matters, with a team of Level 3 Immigration Law Practitioners, Concept Care Solutions, Middlesex House, 29-45 High Street, Edgware, HA8 7UU.

48,000 Bogus English Language Certificates Leaves Home Office In Crisis And Signals Another Crackdown On Student Visas

Cynthia Barker writes...Wow, as many as 48,000 immigrants have allegedly obtained bogus English language certificates even though they could not speak English, the Home Office said.

Home Office Immigration Minister James Brokenshire told Parliament that an inquiry into abuse of the student visa system had found evidence of criminal activity, which would now be investigated fully.

Incredibly, out of 48,000 certificates, 29,000 were invalid and 19,000 were "questionable", the minister said.

Mr Brokenshire continued: "It is likely that the true totals will be higher."

"The government is not prepared to tolerate this abuse," he said.

"Since the start of February immigration enforcement officers, with the support of the National Crime Agency, together with officials from UK Visas and Immigration, have been conducting a detailed and wide-ranging investigation into actions by organised criminals to falsify English language tests for student visa applicants.

"They've also investigated a number of colleges and universities for their failure to ensure that their students meet the criteria set out in immigration rules."

The Home Office investigation was prompted by a BBC Panorama investigation earlier this year, which shows secretly filmed evidence of bogus colleges issuing fraudulent English certificates used to falsely obtain further leave to remain in the UK.

UK Border officers have also uncovered evidence of "serious concern" at some university campuses, and the Home Office has downgraded Glyndwr University in north-east Wales from its status as a "highly-trusted sponsor" of Tier 4 student visas.

The Home Office has also suspended Tier 4 Sponsors licences of 57 private further education colleges, Mr Brokenshire said.

In a rare move, two universities - the University of Bedfordshire and University of West London - are no longer allowed to sponsor new students pending further investigations.

The suspensions of student visa licences for state owned universities will be highly embarrassing for the UK government.

Immigration border enforcement officers had started work to identify migrants who were in the country illegally as a result of the falsified language tests so they could be removed or deported from the UK, the minister promised.

"The steps I have outlined today shows we will not hesitate to take firm action against those - students, colleges and universities - who do not abide by their legal responsibilities and resolutely pursue organised criminality to bring those responsible to justice," the minister concluded. Source: BBC.

The news of a few crooked colleges trying to buck the system will almost certainly result in yet another crackdown on foreign students and private colleges - worth billions to the UK economy. Let's hope that the Home Office will not allow a few rotten eggs to cause the government to throw the baby out with the bath water.

In a separate story, illegal immigrants recently had over £2000 confiscated by Home Office border officers during an immigration raid in Leicester. 

The overstaying Indian nationals were deported, but their money - deemed to have been earned through illegal working – was kept by the government under the Proceeds of Crime Act.

Interestingly, the courts upheld the decision. With the new Immigration Act making it harder, if not impossible, for a visa overstaying illegal immigrant to open a bank account, there could be a lot more cash seized by the Home Office during deportation raids.

If you need advice on any immigration matter, including overstaying your visa, EU or UK immigration law, or want to appeal against a refusal, call Cynthia Barker on 07850 307687 or 0208 731 5972 or email her your details to immigration@londonccs.com. Cynthia Barker is a qualified OISC Registered Immigration Adviser, with 15 years experience in immigration matters, with a team of Level 3 Immigration Law Practitioners, Concept Care Solutions, Middlesex House, 29-45 High Street, Edgware, HA8 7UU.

New UK Visa Rules For Chinese Investors And Tourists To Be Announced By The Home Office

Cynthia Barker writes...Back to work on a cool cloudy Monday morning! Good news for Chinese visa applicants. The Home Office are expected to announce a relaxation of the UK Immigration Rules this week to encourage more Chinese tourists and business people to invest in Britain, the Telegraph reports.

Strict rules and delays for Chinese citizens applying for UK tourists visas and business visitor visas have been openly slammed by the Chinese government who are demanding special treatment.

Despite Home Office efforts to fast track the UK visa system, Britain is outside the EU WIDE Schengen visa area. Having to apply and pay for a separate visitor visor is discouraging more wealthy Chinese tourists and investors from coming to the UK when travelling to Europe.

The reforms follow a number of campaigns, including one from the Telegraph’s for easier visa rules for Chinese visitors to boost UK economic growth.

Leading businesses, known as the UK China Visa Alliance, which includes Travelodge, Harrods and International Airlines Group, and which owns British Airways, has warned that Chinese tourists, who spend an average of £1,600 per visit, are shunning the UK in favour of other countries in Europe.

Having said that, top London stores, like Harrods and Selfridges, employ hundreds of Chinese-speaking sales assistants to sell high end luxury goods to tourists from China.

The UK also hosts hundreds of thousands of Chinese students on Tier 4 student visas.

There are also schemes for longer term Investor Visas for a short route to British Citizenship (cash for citizenship) and Tier 1 Entrepreneur visas to encourage investment into Britain.

However, the British Chambers of Commerce, the British Hospitality Association and the Institute of Directors all want more improvements to the UK visa system to help British businesses.

Last year, British Prime Minister David Cameron announced that visa applications for some Chinese visitors entering the UK would be simplified.

Chinese tourists visiting the EU no longer need to submit separate UK tourist visa applications if they book with selected travel agents.

Home Office Ministers have also introduced a same day visa service for UK business visa visitors.

The Telegraph reports that further reforms will be announced when China’s premier, Li Keqiang, visits Britain for talks with the Prime Minister and tea with the Queen this week.

The Home Office are expected to drop the requirement for separate visa forms for all Chinese visitors who have applied under a European Union visa application, a major change from previously held views that the UK should have full control of its borders.

On Friday the Chinese Ambassador, Liu Xiaoming, said that progress on making it easier for Chinese people to visit Britain has been “far from enough”.

“We would like to see liberalisation of restrictions on visas on Chinese business people and Chinese tourists,” he said.

“I think there is many opportunities and much potential for cooperation with business, and with tourists. They’re not only coming here to enjoy sight-seeing, many of them are very good shoppers. I can see them anywhere and everywhere – Harrods, Oxford Street, you name it.”

Liu said that prominent Chinese businessmen are still being rejected when they apply for visas to come to the UK.

He said that many were rejected and unable to attend a recent business leaders’ summit but that he did not know the “real reason” their visa applications were turned down.

He added: “And also I receive complaints from businesses based here. They have difficulties to rotate their senior executives because of visa restrictions. That made their operations more difficult than they are in other European countries.

“So I think visa issues really erode British strength in terms of attracting more foreign businesses, attracting talented people. So I do wish more progress will be made on this issue.”

The relaxation of visa rules for the growing Chinese tourist market and rich investors will have positive benefits for the UK.

But let’s not forget that there are a large number of Chinese UK visa overstayers who are working without work permits in Britain. 

When Chinese illegal immigrants are caught during Home Office raids they normally claim to have "lost their passport" - a well known ploy to avoid immediate deportation from the UK.

The Chinese government will not take their citizens back without a passport and need 12 months to issue a replacement! This means the Home Office cannot afford to detain the overstayer for a year and are forced to release illegal immigrants into the community to work illegally, or in some cases fund lengthy appeals to prevent deportation.

If you need advice on any immigration matter, including overstaying your visa, EU or UK immigration law, or want to appeal against a refusal, call Cynthia Barker on 07850 307687 or 0208 731 5972 or email her your details to immigration@londonccs.com. Cynthia Barker is a qualified OISC Registered Immigration Adviser, with 15 years experience in immigration matters, with a team of Level 3 Immigration Law Practitioners, Concept Care Solutions, Middlesex House, 29-45 High Street, Edgware, HA8 7UU.

Migration Routes to UK

Cynthia Barker writes...good morning all from sunny UK. Following yesterday's fantastic London Marathon a leading world ranked female athlete is 'on the run' (excuse the pun) after disappearing hours before her scheduled flight back to Sierra Leone.

Mami Konneh Lahun, 24, last seen after finishing the 26.2 mile race in 20th place, was due to return home today, but failed to show up for her flight home.

The London Metropolitan Police put out an appeal when the runner failed to return to her temporary accommodation  in Greenwich yesterday.

Although athletes are normally allowed into Britain to compete on a temporary visa, this would not be the first time that a competitor from a third world country has refused to return home and subsequently lodged claim for asylum in the UK.

Whatever the grounds for a asylum, the days when it would be relatively easy to arrive in the UK on a visitor visa, claim asylum and then stay here for years until the Home Office got around to looking at their case, and if refused (as most are) lodge a series of appeals funded by legal aid, are long gone.

The Home Office now 'fast track' claims within months, however, thousands of people have been granted a type of amnesty under the 'legacy' (or lost) cases, some of which had been hanging around for 10 years or more.

The 14 year 'long stay concession' no longer exists, which means an illegal immigrant or visa overstayer must wait 20 years before applying indefinite leave to remain (UK residency).

Migrants who manage to remain in the UK legally for 10 years, for instance on a student visa, can still apply for residency.

If you are considering coming to the UK, you can still look at Tier 2 work permit routes, Tier 1 highly skilled and entrepreneur visa or under a Tier 4 student visa.

Those with relatives who are UK residents or EEA nationals may have other options under family migration routes.

With a wide range of migration routes to the UK, it seems strange that many migrants still seek 'back doors' methods or pay thousands of pounds to traffickers to transport them halfway across the world on the back of a lorry.

If you need advice on any immigration matter, EU or UK immigration law, or want to appeal against a refusal, call Cynthia Barker on 020 8731 5972 or email her your details to immigration@londonccs.com.  Cynthia Barker is an OISC registered Immigration Adviser with a team of Level 3 Immigration Law Practitioners, Concept Care Solutions, Middlesex House, 29-45 High Street, Edgware, HA8 7UU.