United Kingdom: Interim Limit Takes Effect for Tier 2 (General) Certificates of Sponsorship

Posted on July 22, 2010 by Immigration/Global Migration Group

Flag of the United Kingdom: Union JackAs of July 19, 2010, rules for the United Kingdom’s Points Based System have changed (pdf), permitting the Secretary of State to limit the number of Certificates of Sponsorship (CoS) assigned to sponsors, and to limit the number of CoS assigned to specific sponsors in any one period. The UK Border Agency (UKBA) released updated guidance on Tier 2 (General) sponsorship (pdf), which outlines the changes. UKBA will send each sponsor a letter detailing their individual CoS allocation for the interim period, which runs from July 19, 2010, to March 31, 2011.

Some sponsors will be given a “zero allocation” for the period, limiting their sponsorship to existing employed migrants, and preventing sponsorship of new employees unless the sponsor applies for “exceptional consideration,” which might result in additional CoS being issued. Moreover, sponsors that are downgraded to a B-rating will automatically have their allocation set to zero “until they demonstrate their commitment to make improvements by signing up to (and paying fees associated with) a sponsorship action plan.” 

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United Kingdom: Revised Guidance Issued for Points-Based System Sponsors

Posted on February 25, 2010 by Immigration/Global Migration Group

The UK Border Agency (UKBA) has issued revised guidance documents for employers and education providers holding sponsor licenses under the country’s points-based immigration system. The revised guidance documents provide information for sponsors under Tiers 2, 4 and 5, and may be downloaded from the UKBA website.

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ICE to Update Student and Exchange Visitor Information System

Posted on January 19, 2010 by Immigration/Global Migration Group

In the January 5, 2010 Federal Register, U.S. Immigration and Customs Enforcement (ICE) outlined (pdf) its two-phase process for updating the Student and Exchange Visitor Information System (SEVIS). SEVIS collects information on:

  • prospective, current and former foreign students, exchange visitors and their spouses entering the U.S. on F, M or J nonimmigrant visas; and
  • officials of approved schools and designated sponsors.

During phase one, which will begin early this year, SEVIS will remain intact while its successor system, SEVIS II, is rolled out. SEVIS II will collect more data than its predecessor, and also will provide users with increased access to the system (including the ability to view their records and request corrections). Phase two, which has no definite start date, entails the complete incorporation of SEVIS data into SEVIS II, with the latter becoming the sole records system in place.

The SEVIS II system will collect the following data:

  • biographical information (e.g., name; date, city and country of birth; country of citizenship and/or permanent residence);
  • educational and financial information (e.g., school; program of study; tuition; financial support organization name and support amount); and
  • benefit information (e.g., fingerprint identification number; visa number; arrival and departure information).

The above information will also be collected for any proxy, parent or guardian of any F/M/J nonimmigrant who cannot create their own account due to their age (under 13 years of age).
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United Kingdom: Nearly 5,000 Businesses Have Registered to Sponsor Migrants

Posted on January 21, 2009 by Immigration/Global Migration Group

Under the United Kingdom’s new Employer Sponsorship system (in place since November 27, 2008), employers must register for a license in order to employ non-European Economic Area migrants. The UK Border Agency announced that 4,875 employers in the UK have registered as sponsors as of January 5, 2009.

According to the Border Agency, the new system:

  • ensures only those skilled migrant workers who are needed can enter the UK;
  • introduces tough criteria requiring employers to prove a resident worker doesn't want the job before offering it to a foreign worker; and
  • is flexible, meaning that the bar can be raised or lowered according to the needs of the labor market and the country as a whole.
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