Danielle Cohen Immigration Law Solicitors Limited | View firm profile
What are the concerns with the student visa?
In recent years, there has been an increase in students staying in the UK following their studies, as well as an increase in sponsored study visas for law and banking education institutions. The Government believes there has been exploitation of student visas, and that too many graduates are allowed to stay in the UK following the successful completion of their studies, despite not moving into graduate level roles for which the graduate visa route was created.
For these reasons, the Government is setting out reforms that will recognise the benefits that international students bring to the UK, but will raise standards and compliance to prevent visa misuse and strengthen the requirements to work and contribute for graduates who stay on after the courses have been completed.
The evidence suggests that, in some cases, the integrity of the UK student visa system is being undermined, and the number of students claiming asylum is increasing.
How does the Government intend to bring numbers down?
1. To prevent the misuse of the student visa, the Government is stressing the requirements that all sponsoring institutions must meet in order to recruit international students and the measures to be implemented to this end. It will raise the minimum pass requirement of each BCA metric by 5% points, so that a sponsor must maintain a course enrolment rate of at least 95%, and a course completion rate of 90% in order to pass the compliance threshold. Simultaneously, the Government implementing a new red, amber and green banding system to rate the BCA performance of each sponsor, makes it clear to them, the authorities, and the public, which institutions are achieving a higher rate of compliance, and which are at risk of failing.
2. Introducing new interventions against sponsors who are close to failing their metric, including placing them on a bespoke action plan designed to improve their compliance, while imposing limits on the number of new international students they can recruit while they are subject to those plans.
3. All sponsors wishing to use recruitment agents for overseas students will need to sign up the Agent Quality Framework. Together, all these measures will ensure that the sponsors are encouraged to recruit their students responsibly, only offering places to genuine students who meet the requirements of the route and ensuring that when failing to do so, the Home Office can intervene and ensure compliance in the future.
4. The graduate scheme will be reviewed, as the Government will reduce the ability of graduates to remain in the UK for a period of eighteen months after their studies. The Government will also look into introducing a levy on higher education providers’ income from international students, to be reinvested into a higher educational skill system.
While these steps are enforceable on paper (the Home Office has an established sponsor licensing system), the concern is whether the UKVI has the capacity to monitor and intervene across hundreds of educational institutions.
Placing a university on an “amber” rating with recruitment caps, for example, is a serious measure that could provoke legal challenges, especially if the institution disputes the data. Smaller private colleges might quietly close if they cannot meet requirements, which could be an intended effect (to weed out sub-par providers) but also could inadvertently harm local economies that benefit from those students.
Reducing the Graduate visa to 18 months is straightforward to enforce – it’s simply a rule change – but its feasibility in terms of impact is debatable. The Home Office expects 7,000 fewer students per year as a result of the mooted 6% levy, and presumably an additional drop due to the shorter post-study period. If this holds true, universities may lose income and could downsize or cut courses.
Enforcement of the student fee levy also raises feasibility questions – how exactly will it be implemented (as a tax collected by HMRC, or a surcharge via the immigration system)? And, if passed on as higher tuition, could it price out some applicants, leading to unintended socio-economic selection effects among students? These details are to be consulted on; until resolved, uncertainty itself might deter students or complicate university planning.
In the longer run, the UK’s reputation as a welcoming destination for global talent may suffer; competitors like Canada and Australia might scoop up students deterred by UK’s stricter post-study rules and additional costs. There is an irony, that even as the White Paper talks of “supercharging UK growth in strategic industries,” by bringing in top talent, it simultaneously undermines one of the UK’s key sectors – higher education – and possibly the pipeline of young talent it produces.
The tech and startup ecosystem could also feel an impact: the reduction in Graduate visa time and tougher settlement rules might dissuade some foreign graduates from staying to set-up companies or join UK startups (they may instead choose countries with more straightforward paths to residency).
Conversely, the expansion of Innovator and Global Talent routes might mitigate this for a select few.
What are the reforms to the Family routes?
Family immigration rules are particularly important as British citizens meet and marry people from all over the world. However, the family migration, argues the paper has become overly complex, developing increasingly around core decisions in case law, including Court interpretation of Article 8 of the Human Rights Act. An overly high proportion of family related immigration cases are now decided on the basis that they are an “exception” to the normal rules, rather than being in line with the rules set out by Parliament.
The Government will reform the framework for family immigration and, before the end of the year, will set out a new family policy that will cover all UK residents, including those who are British, settled, on work routes, or refugees seeking to bring family to the UK. The new requirements are:
• A clear relationship requirement to ensure that only those in genuine, subsisting relationships qualify, to reduce forced marriages and to include protection for victims of domestic abuse.
• Ensure that those coming to the UK have an appropriate level of English language skills to be able to integrate effectively into local communities.
• Ensure the family unit has sufficient financial resources to support any migrants who are relying on the taxpayer, through reviewing and extending the financial requirements to other dependents routes.
• In relation to exceptional circumstances, there will always be exceptional circumstances, but greater specificity about where the balance is considered to lie in the majority of cases is hoped to reduce the volume of cases and clarify the approach for applicants and case workers.