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9th July 2010
English language schools 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.
The restrictions were part of a drive against illegal immigration.
The government says illegal immigrants and migrants seeking low-skilled work were abusing the 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 the rules were tightened by the Labour Home Secretary Alan Johnson.
It 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
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.
28th June 2010
From April 2011, the government will introduce an annual limit on applications for Tier 1 (General) of the points-based system.
An interim limit will be introduced from 19 July 2010 until the long-term limit is introduced in April 2011. Until the interim limit is implemented on 19 July 2010, applications will continue to be assessed as normal.
The Investor, Entrepreneur and Post-study work categories of Tier 1 will not be included in the interim limit. In-country extensions under Tier 1 (General) will also be excluded.
An updated application form and guidance will be published on 19 July 2010.
What is the interim limit?
From 19 July 2010, we will introduce a limit on the number of applications to Tier 1 (General) that we will consider in any one month. We will also increase the pass mark for Tier 1 (General), from 95 points to 100 points.
Applications will be dealt with on a first-come, first-served basis. If you apply after the limit for one month has been reached, your application will be held and considered under the limit for the following month.
You will be excluded from the limit if you are already in the UK under Tier 1 (General) and you apply for an extension, or if you are already in the UK under another immigration category and you switch into Tier 1 (General).
If you are in the UK in one of the following categories and are applying to extend your stay in Tier 1 (General), you will need to score 95 points:
- Tier 1 (General)
- Highly Skilled Migrant Programme
- Writers, Composers and Artists
- Self-Employed Lawyers
If you are in the UK in any other category, for example Tier 1 (Post-study work), then you will need to score 100 points when you apply to switch into Tier 1 (General).
If you are applying from outside the UK, you will need to score 100 points.
More information about the interim limit will be published on this page in due course.
What will happen to my application if the limit is reached?
We will continue to accept applications during the interim limit period, although we will not process applications once the monthly limit has been reached. Applications will be held in a queue, in strict order of their date of application. Applications in the queue will be processed when the following month's limit is opened.
If application numbers look likely to exceed the total limit for the whole of the interim period, we will alert you at the point of application that your application may not be considered under the interim limit rules.
The latest information about the monthly limit will be published on the Waiting times page for Tier 1 (General).
3rd June 2010
Changes have been announced to the student visa (Tier 4) regulations, which will be implemented as of 3rd March 2010.
1) There will be a new restriction on students studying courses below degree level (except for those on a foundation degree course), so that such students may only work up to 10 hours per week during term-time. These students will still be permitted to take full-time employment during their vacation periods, as now.
2) The Immigration Rules are being amended so that a family member of a Tier 4 Migrant who is following a course of study which is six months or less in duration, will not be permitted to accompany the Tier 4 Migrant to the UK.
3) Where a Tier 4 Migrant is following a course of study which is below degree level (except for those on a foundation degree course), family members will not be permitted to take employment.
4) Partners of Tier 4 Migrants will be allowed to apply for leave to remain in the United Kingdom under Tier 1 (General), Tier 2 (General), Tier 2 (Minister of Religion) or Tier 2 (Sportsperson) of the Points-Based System.
Transitional arrangements are being put in place so that applications will be decided in accordance with the Immigration Rules in place on the date the application was made, that is, any applications made before 3 March 2010 will be decided in accordance with the Rules in place on 2 March 2010, before these changes take effect.
7th August 2009
The Institute of Public Policy Research report claims that Britain is losing
highly skilled migrants as a result of government policy. Read an interview
with Victoria Sharkey on the effect this is having on the IT sector:
Read More
20th May 2009
More Eastern Europeans Leaving the UK.
Read
More
20th May 2009
Home Office issue guidance to HSMP holders following judgement on Indefinite
Leave to Remain.
Read
More
9th April 2009
Home Office comply with Judgment and scrap fees for
the Certificate of Approval.
Read More
10th September 2008
Hire Education - Coverstory from Payroll Magazine about the new points-based
immigration system. Featuring comment from MediVisas.
Read More
23rd
April 2008
Advice for nationals of the Republic of Ireland wanting
to bring non-EEA partners to the UK
Read More
18th April 2008
British government not to appeal HSMP
judgement
Read
More
8th April 2008
Court Rules
Retrospective HSMP changes illegal
Read More
18th March 2008
Home Office back down on immediate mandatory 'bans'
for overstayers.
The Home Office have ruled that the
changes to the immigration rules, which would have
banned overstayers from applying for leave to enter
for 12 months, and those issued with removal notices
for 10 years, will only apply to those who remain in
breach of the rules by 1st October 2008. This means
that if you are an overstayer currently in the UK you
now have until the end of September to leave the UK,
and any applications you subsequently make to re-enter
will be judged on their merits, as now, and will not
carry any automatic ban.
29th February 2008
Applying under Tier 1 (formerly HSMP)
Read More
20th February 2008
UK Citizenship tests planned.
Read More
5th December 2007
Home Office announce changes to the Highly
Skilled/Tier 1 applications.
The Home Office have announced the detail of the new
Tier 1 category, to be implemented in Spring 2008. The
points assessment scale remains the same, with new rules
for graduates who wish to remain in the UK after studies,
and maintenance and English language criteria has been
clarified. More detail will appear here as we have it.
Read
More (PDF)
23rd October 2007 - EU 'blue card' to
tempt skilled
The European Commission is set to unveil a Blue Card
for skilled immigrants,
based on the US Green Card.
Read
More
9th October 2007
Maternity shortages risk lives
Read More 8th August 2007
Third Party Support no longer permitted in
Entry Clearance cases.
Read More
20th June 2007
UK Visit Visa Refusals
Read
More
22nd May 2007
Latest UK immigration figures from Bulgaria
and Romania
Read
More
30th March 2007
Changes to SEGS programme - From 1st May
2007, all UK graduates will be able to apply for a
visa to stay in the UK to work for a duration of 1
year.
Read
More
11th January 2007
MediVisas UK attend protest by HSMP holders against retrospective changes to
scheme.
Read
More
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