Following changes to the Immigration Rules implemented on 6 April, including the execution of an annual cap of 20,700 migrants to work in skilled professions under Tier 2 (General) of the points-based system (PBS), the government continues to identify further restrictions to achieve its stated aim of reducing annual net migration to below 100,000 by 2015.

A major public consultation concerning the reform of tier 4 of the PBS ran from 7 December 2010 to 31 January.

Initial changes to the rules were subsequently implemented on 21 April.

These included the introduction of an interim limit on sponsors which did not meet new accreditation criteria, and changes to the English language requirement, so that those coming to the UK to study at degree level will have to demonstrate their ability to speak English at an upper, intermediate level.

Further amendments were laid before parliament by immigration minister Damian Green in a written ministerial statement on 13 June and came into effect on 4 July.

These revisions include:

  • restricting work entitlements to those studying at higher educational institutions and publicly funded further education colleges only;
  • restricting the sponsorship of dependants to those studying at post-graduate levels at a higher educational institution and on a course lasting for 12 months or longer, and government-sponsored students on courses lasting six months or longer;
  • requiring institutions to vouch that a student’s new course represents genuine academic progression;
  • ensuring that maintenance funds are genuinely available to applicants by introducing a declaration on visa application forms;
  • the commitment to publish a list of financial institutions that are considered not to verify financial statements to a satisfactory standard in the majority of a sample of cases;
  • introducing a streamlined application process for those considered to be low-risk nationals (including Australian and US nationals), applying to attend a course at a highly trusted sponsor. Applicants under this route will be required to submit fewer evidential documents;
  • extending the list of courses for which students must receive Academic Technology Approval Scheme clearance;
  • restricting the ability to deliver accountancy courses accredited by the Association of Chartered Certified Accountants to those sponsors accorded platinum or gold status; and
  • clarifying the position of overseas universities with campuses in the UK.

While a number of these changes appear to have been implemented to restrict abuse of the student migration system, it is equally apparent that changes to working entitlements and the sponsorship of migrants’ dependants in particular, are provisions primarily motivated by the government’s commitment to the reduction of net migration.

Indeed, the UK Border Agency has stated that it expects these new policies to lead to a net reduction of around 230,000 student migrants over the full term of the current government - a figure inconsistent with the commitment to an annual reduction of 70,000 to 80,000 ­student migrants given by home ­secretary Theresa May on 22 March this year.

The forthcoming changes have led to comment from the higher education sector that the government is jeopardising an industry worth £40bn annually to the UK economy.

Furthermore, an official UK Border Agency impact statement indicates that reforms will cost more than £3.2bn over the next four years in lost economic output, and a further £330m in lost tuition fees and immigration application fees.

Jonathan Portes, of the National Institute of Economic and Social Research, has expressed concern that the impact statement shows that ‘changes to student visa rules will reduce growth and exports’.

It certainly appears that the amendments due to be implemented to the student migration system are inconsistent with the government’s priority of economic recovery, as well as with the stated aim of continuing to attract ‘the brightest and the best’ migrants to the UK.

Employment-related settlement

A 12-week public consultation on reforms to the routes to indefinite leave to remain in the UK - commonly referred to as settlement - which are available to migrants who have come to the UK under employment-based routes, was launched on 9 June.

The consultation will address tiers 1, 2 and 5 of the points-based system and overseas domestic workers.

Green has asserted that the consultation is focused on breaking the link between temporary and permanent migration, and expressed the concern that ‘settlement has almost become automatic for those who choose to stay’.

The consultation document outlines a number of proposals for consideration. These include the following:

  • defining tier 2 as ‘temporary’, to end any assumption that settlement will be available for migrants who enter the UK under this category;
  • considering whether certain categories of tier 2 migrants of particular economic or social value to the UK should retain an automatic route to settlement;
  • the creation of a new category into which the most exceptional tier 2 migrants could switch after three years to allow them to apply for settlement. Other tier 2 migrants would be allowed to stay in the UK for a maximum of five years, after which they and their dependants would be expected to leave;
  • the introduction of a new English language requirement for adult ­dependants of tier 2 migrants, applying to switch into a settlement route;
  • considering restricting the maximum period of leave in tier 5 (temporary workers) to 12 months, as well as removing their ability to sponsor dependants, and raising the minimum skill level in the government authorised exchange scheme to graduate level; and
  • abolishing the route for overseas domestic workers, or considering restricting leave to a six-month period as a visitor, or 12 months where accompanying a tier 1 or Tier 2 migrant, as well as ceasing to grant settlement to domestic workers in diplomatic households.

It is apparent that these proposals have the potential to significantly restrict the routes to settlement for those who have entered the UK under employment-based routes.

Further details regarding the implementation of such proposals will not be available until the conclusion of the consultation on 9 September, and parliamentary approval of the subsequent statement of changes to the Immigration Rules.

Conclusion

It is apparent that the government is continuing to implement changes to UK immigration law focused on achieving its commitment of reducing net migration to the tens of thousands by the time of the next ­general election.

However, the success of these policies to date may be called into question. Office for National Statistics figures published on 26 May state that net migration to the UK has increased by almost 100,000 to 243,000 in the past 12 months.

This is partially due to a reduction in levels of emigration.

These figures indicate that attaining an annual net migration to the UK of less than 100,000 is unlikely to be an attainable target within the stated timeframe.

They also indicate that increasingly robust immigration ­policies are likely to be implemented if the government is to continue to pursue its stated aim.

Laura Devine, Laura Devine Solicitors

Matthew Wills, legal assistant at Laura Devine, also contributed to this article