Home News News list Government changes to points-based system April 2010

Changes to the points-based system.

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30 March 2010

On 6 April the government will make significant changes to Tier 1 and Tier 2 of the points-based system. It will also amend the Immigration Rules covering asylum seekers, English language qualifications and marriage visas for members of the Armed Forces. These changes will come into effect on 6 April 2010, to coincide with the common commencement date for employment regulations. The other changes to the Immigration Rules include - revised provisions governing English language qualifications for migrants who are applying for permanent residence, to ensure that those relying on qualifications in English for Speakers of Other Languages (ESOL) will study at accredited colleges, and to clarify the progression that migrants are required to demonstrate before they can apply for permanent residence; - changes to prevent asylum applicants from claiming humanitarian protection if there are serious reasons for considering that they have engaged in undesirable behaviour; -clarified interview procedures for unaccompanied children seeking asylum; - removal of a requirement for asylum seekers to be asked to sign the interview record, as other safeguards are in place; - lowering the marriage visa age to 18 for serving members of the Armed Forces and their partners, recognising partners' role in supporting those on the front line and reflecting the unique circumstances in which the Armed Forces operate. Details - the equality impact assessment - ESOL, the written ministerial statement and the statement of policy - changes to Tier 1 and 2 can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/255022/46-new-rules-for-t1-t2-and-ir The British Nationality (General) (Amendment) Regulations 2010 - Office of Public Sector Information http://www.opsi.gov.uk/si/si2010/uksi_20100785_en_1 On 7 April, new regulations will change the requirement for migrants to have a knowledge of language and life in the UK when they apply for naturalisation as a British citizen. The British Nationality Regulations will specify that all applicants relying on qualifications in English for speakers of other languages (ESOL) must study at an 'accredited college'. an “accredited college” is: . (i) a publicly funded college that is subject to inspection by the Office for Standards in Education, Children’s Services and Skills (if situated in England), the Education and Training Inspectorate (if situated in Northern Ireland), Her Majesty’s Inspectorate of Education (if situated in Scotland), Estyn (if situated in Wales), or an inspection programme that has been approved by the Island’s Government (if situated in the Channel Islands or Isle of Man); or . The 'publicly funded college' category includes any centre subject to Ofsted inspection (even if not yet inspected) and also any centres receiving Skills Funding Agency (SFA) funding, directly or indirectly via affiliation. (ii) a private college accredited by Accreditation UK, the British Accreditation Council, the Accreditation Body for Language Services, the Accreditation Service for International Colleges; In addition, they will need to demonstrate that they have progressed at least one level following their initial assessment by a qualified person before beginning their course. Anyone who has already demonstrated that they meet the knowledge of language and life requirement when they were granted settlement will not be affected by this change” http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/changes-kol-requirement1 Home office guidance for ESOL providers http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/guidance-for-esol-providers.pdf Home Office Letter to stakeholders http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/letter-to-stakeholders.pdf NATECLA Comment http://www.natecla.org.uk/news_details.asp?NewsID=497 NIACE comment http://www.niace.org.uk/news/changes-in-regulations-for-esol-and-citizenship CHANGES Tier 4 for education providers and migrant students. Tier 4 is part of the points-based system for immigration. It is for migrants who want to study in the UK The Immigration Rules now encompass changes from the Tier 4 review, including the rules governing the new Highly Trusted sponsor licence. Only sponsors who hold a Highly Trusted sponsor licence can now offer the following courses, known as 'restricted courses', to Tier 4 (General) students: ■courses at National Qualifications Framework (NQF) level 3 or equivalent; and ■courses below degree level that include a work placement (other than foundation degrees, which can still be offered with a work placement by any Tier 4 (General) sponsor). Education providers who hold a standard Tier 4 sponsor licence can only offer courses at or above NQF level 4 or equivalent. And they cannot offer courses that include work placements unless those courses are degree-level courses or foundation degrees. http://www.bia.homeoffice.gov.uk/sitecontent/newsarticles/2010/april/03-t4-changes Relevant articles Times on line. Crisis in care homes as new staffing rules loom http://www.timesonline.co.uk/tol/life_and_style/health/article7081849.ece

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