The government has today announced its intention to abolish the 'certificate of approval' scheme. A Remedial Order under the Human Rights Act 1998 has been laid in Parliament to achieve this aim.
At present, any migrant who is already in the UK and is subject to immigration control must apply for a certificate of approval before they can get married or register a civil partnership in this country (unless they are getting married within the Anglican Church).
The government is now seeking to remedy the declaration by the UK courts that the scheme is incompatible with Article 14 of the European Convention on Human Rights (read with Article 12). Additionally, changes made following rulings from the courts have weakened the scheme, and it is no longer an effective method of preventing sham marriage.
Yes, if you are subject to immigration control. The certificate of approval scheme remains in operation until the Remedial Order comes into force. Applicants will need to follow the current process until further notice.
We expect the scheme to end in late 2010 or early 2011, subject to Parliamentary scrutiny.
We do not know how long it will take for the process of parliamentary scrutiny to be completed. When we know the exact date for the abolition of the scheme, we will announce it on this website.
Yes. Since 31 July 2009, migrants who applied for a certificate of approval between 2005 and 2009 have been able to apply for their fee to be repaid. They must show that paying the fee caused them real financial hardship at the time of payment.
The formal repayment scheme comes to an end on 31 July 2010. This date has been advertised since the start of the repayment scheme. All requests for repayment received by 31 July 2010 will be processed under the terms of the scheme.
After 31 July 2010, any enquiries about the repayment of the fee should be addressed to:
UK Border Agency,
COA Repayment Scheme,
NCC1,
Lunar House (9th floor),
40 Wellesley Road,
Croydon
CR9 2BY
Yes. The requirement to give notice in a designated register office is not affected by the proposed abolition of the certificate of approval scheme. The requirement will remain in force when the scheme is abolished.
]]>In June 2010 the government announced plans to introduce compulsory English language tests for all non-European migrants applying to come to the UK to join or marry their settled partner.
Today the UK Border Agency announced that these plans will be implemented from 29 November 2010. From this date, any migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English, by taking an English language test with one of our approved test providers.
The new rules will apply to anyone applying as the husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or proposed civil partner of a British citizen or a person settled in this country. They will be compulsory for people applying from within the UK as well as visa applicants from overseas.
Further information about these changes can be found in a written ministerial statement, which you can download from here. More information will be published, including a list of approved test providers, before the change is introduced.
]]>If you have been refused permission to enter or stay in the UK (known as 'entry clearance' and 'leave to remain') solely because you failed to meet the maintenance (funds) requirement of your points-based system application, you may wish to request a review of your case.
Following the judgments in the cases of Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719, the Home Office have put transitional arrangements and remedies in place for migrants who:
If your application was unsuccessful and submitted within the above timeframes, you can ask the Home Office to review the original decision to refuse your application. To request a review, you must write to the casework team or entry clearance post which issued the decision. New policy guidance document (PDF, 180KB opens in a new window) sets out the review criteria and describes the information that you must include when requesting a review. This document will be updated in due course.
Applicants have until 22 June 2011 to request a review.
If you currently have a live application with the UK Border Agency, it will be automatically considered in line with the revised policy.
]]>On 12 August 2010 the UK Border Agency will implement secure English language tests for students under Tier 4 (General) of the points-based system.
If a Tier 4 (General) student will be studying a course that is below NQF Level 6 (except a Foundation Degree or an English language course), using a confirmation of acceptance for studies (CAS) issued on or after 12 August 2010, their Tier 4 sponsor must ensure that they are competent in English language at a minimum of level B1 on the Common European Framework of Reference (CEFR) by showing that they:
Full details of these changes to the English Language requirement will be set out in revised Tier 4 policy guidance and sponsor guidance, which will be published on Friday 23 July.
]]>The UK Border Agency is making a series of important changes to the student tier (Tier 4) of the points-based system.
Following the judgement made in the Judicial Review case brought by English UK, the Home Office have today made a further amendment to the Immigration Rules setting out the minimum levels of study permitted for different course types under Tier 4.
From 23 July 2010, the minimum level of English language course that will be permitted under Tier 4 will be level B2 of the Common European Framework of Reference, restoring the position in place before the judgement was handed down.
The exemptions to the minimum level, which applied previously to government-sponsored language students and those undertaking a pre-sessional English language course before pursuing a degree course, remain in place.
From 23 July 2010, existing Tier 4 students who want to change to a sponsor with a Highly Trusted Sponsor (HTS) licence will be able to begin their new course of study, at their own risk, while they are waiting for the UK Border Agency to make a decision on their application to change sponsor.
Students applying to change to an A- or B-rated sponsor are not permitted to begin their new course of study until they receive a positive decision from us on their application to change sponsor. To avoid unnecessary delays in beginning a course, the Home Office have put processes in place to prioritise applications made by students who want to change to A- or B-rated sponsors.
A recent change in legislation in the USA has altered the way that the US government processes student loans. From 1 July 2010, UK institutions participating in the William D Ford Federal Direct Loan Programme (administered by the US Department of Education) will be authorised to offer Federal Direct Loans to students coming from the USA to study in the UK. The US Department of Education has also contacted UK institutions involved in this programme.
This change will affect migrants who want to study under Tier 4 of the points-based system. A template letter has been agreed for use under this programme; a copy of this template letter is being sent to all sponsors today. Tier 4 sponsors participating in the programme must use this template when authorising loans to prospective students from the USA, so that the student can submit an application for entry clearance to the UK.
the Home Office are aware that students relying on International Baccalaureate qualifications awarded on 5 July 2010 will not be issued with a paper transcript giving their results, and will not receive their award certificates in time to apply for university courses starting in September this year.
To enable these students to apply under Tier 4, the Home Office have made provision to accept applications made by students relying on an International Baccalaureate qualification, but who have not received their original award certificate. Further information about this is available in the current Tier 4 policy guidance.
The requirement for sponsors to assess prospective students' competence in the English language will change on 12 August 2010. To find out more about this change, see the Secure English language tests news story.
Further information about all of the above changes will be set out in revised Tier 4 policy guidance and sponsor guidance, which will be published on Friday 23 July.
]]>From 19 July 2010, there are two important changes for migrants who are applying to Tier 1 (General) of the points-based system for the first time:
On 19 July 2010, the UK government introduced a limit on the number of initial applications from outside the UK that can be granted under Tier 1 (General) of the points-based system until 31 March 2011.
The UK Border Agency is administering the limit on a monthly basis. However, the way that you apply for permission to enter the UK under Tier 1 (General) remains the same.
If your application meets all the requirements and the limit has not been reached for the month when you applied, we will issue you a visa in the usual way.
If your application meets all the requirements but the limit for that month would be exceeded if we issued you a visa, we will defer your application to the next month when the limit allocation reopens. If your application does not meet the requirements, we will process it as normal even if the limit has been exceeded. You can still submit your application even when a monthly limit has been reached.
All applications will be processed in the order in which they are received, as far as operationally possible. You will be informed in writing of the final decision on your application.
When making any travel plans, you should expect that your application may take longer than normal if the limit is reached.
The interim limit will not be applied to:
From 19 July 2010, the number of points required for an initial Tier 1 (General) application has increased from 95 to 100. Additionally:
These changes will apply to all initial Tier 1 (General) applications paid for on or after 19 July 2010.
If you are in the UK in any other immigration category, such as Tier 1 (Post-study work), you will need to score 100 points when you apply to switch into Tier 1 (General).
]]>19 July 2010
The UK Border Agency has published guidance for the interim limit on Tier 2 (General) certificates of sponsorship, which comes into effect today.
All sponsors affected by the introduction of the interim limit will receive a letter detailing their allocation and how it has been calculated. The guidance can be found as an addendum to the Tier 2 and Tier 5 sponsor guidance.
The interim limit will be replaced by a permanent limit in April 2011. The Home Office are currently holding a consultation on the form that this permanent limit should take.
]]>From 1 September 2010, we will introduce a fee of £100 to reconsider applications for naturalisation and British citizenship that have been refused.
Regulation 33 of the Immigration and Nationality (Cost Recovery Fees) Regulations 2010, which came into force on 6 April 2010, gave the Secretary of State the power to charge £100 for the reconsideration of an application for naturalisation or registration as a British citizen that had previously been refused.
From 1 September 2010, all requests for the reconsideration of these applications must be accompanied by a fee of £100. Applications that are not accompanied by the appropriate fee will be deemed invalid and will be returned.
If the original decision taken on your application is upheld, the £100 fee will be retained to cover administrative costs. However, if the original decision made on your application is considered incorrect and your application is then approved, £80 will be retained to cover the cost of the citizenship ceremony (if applicable) and £20 will be refunded to you.
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