Update on secure English language tests

On February 5 2016 UK Visas and Immigration (UKVI) published a new list of approved secure English language tests (SELTs) and test centres.

Reform of the English language test provisions for UK immigration applications has been ongoing over the past few years and may well continue. Applicants should ensure that they are aware of any changes well in advance of their proposed visa application date.

In November 2010 the UK Border Agency (now UKVI) was tasked with reviewing English language tests and asked to produce a revised list of approved test providers. In April 2011 the first revised list of acceptable providers was produced.

In Spring 2014 a joint investigation by UKVI and the National Crime Agency identified “more than 29,000 invalid results and more than 19,000 questionable results” from English language exams that had been sat at Educational Testing Service test centres in the United Kingdom. Consequently, efforts to continue streamlining the number of accredited SELT providers intensified. Since April 6 2015 only exams from Trinity College and the International English Language Test System (IELTS) have been accepted for UK visa applications, with some transition procedures put in place. Notably, the transition procedures set a deadline by which test certificates must be used.

IELTS has developed two new tests for UK immigration purposes. IELTS for UKVI is a government-approved SELT and includes prescribed administrative requirements that have been set by UKVI. Caseworkers can use the UKVI number located on the test report form to locate test results online. The government created the IELTS life skills test for individuals applying:

as dependants of UK citizens or settled persons; and
for indefinite leave to remain or citizenship.

Applicants are required to select their choice of test at the booking stage on the IELTS website. Care must be exercised when making this selection, as choosing the wrong test is likely to cause expense and delay.

The English language requirement must be met by individuals applying under the following immigration categories:

Tier 1 (Entrepreneur), Tier 2 (except intra-company transfer categories) and Tier 4 of the points-based system;
dependants over 18 of UK citizens or settled persons; and
indefinite leave to remain and citizenship applicants.

Applicants for indefinite leave to remain can rely on their existing B1-level test results if the test is on the current list of approved test providers and was accepted by UKVI for a previous UK immigration application (eg, for entry clearance). The same qualification can then also be used to satisfy the knowledge of language requirement for UK citizenship applications, even if the test certificate may no longer be valid for initial applications.

In light of these ongoing developments, all candidates are advised to check the most recent list of approved SELTs before booking an English language test to ensure that it is accepted by UKVI.

Huge thank you for a great work you have done!!!!

Hi Brandon,

Absolutely amazing news which was result of your impeccable work and research you’ve presented on our case.

Again, huge thank you for a great work you have done!!!!

Best

Tony G

UK Government proposes wide-ranging changes to Tier 2 of the points based system

I have updated my old post from Feb 2016,as the Home ofifce and the UK Government again, on 24 March,anounced new changes and significant reforms to Tier 2, the migration route for those who have a confirmed job offer to undertake skilled work in the UK, in response to the Migration Advisory Committee’s (MAC’s) review of Tier 2, which was completed at the end of 2015.
Although these changes will not affect the overall structure of the Tier 2 immigration category, they will make it significantly more costly, through increases in the minimum salary thresholds and the introduction of additional charges, for UK companies to sponsor non-EEA nationals to work in the UK.
Set out below are details of the changes that the UK Government intends to implement. They will be introduced in stages: some changes will be implemented in autumn 2016, others in April 2017. Some of the changes will not apply to certain public sector occupations until 2019. It is important to note that the UK Government has decided to implement the majority, but not all, of the MAC’s recommendations.

TIER 2 (GENERAL)

Increase in Tier 2 (General) minimum salary threshold:

The UK Government will increase the Tier 2 (General) minimum annual salary threshold, first to £25,000 in autumn 2016 and then to £30,000 in April 2017, for experienced workers, whilst maintaining the current threshold of £20,800 for new entrants. Nurses, medical radiographers, paramedics and teachers in certain subjects will be exempt from the new salary threshold until 2019. This change has the potential to distort the local labour market since, if an employer is only able to identify a non- EEA worker to undertake a skilled role which would normally attract a salary below the revised minimum salary requirements, it would end up having to offer a higher salary for that role, even if it was eventually filled by a local worker. In addition, this higher threshold for experienced workers will potentially make it even more difficult for new entrants to be able to continue in their roles on a long term basis since they are required to meet this threshold once they have been sponsored for three years.

UK graduates to be given priority under the Tier 2 (General) limit: From autumn 2016, requests for restricted Certificates of Sponsorship (CoSs) for non-EEA nationals who have graduated from UK universities will be weighted more heavily under the Tier 2 (General) limit. When the MAC made this recommendation, it said that, as part of the allocation process, £7,000 should be added to the annual salary for graduates recruited onto graduate schemes as this is the difference between the recommended minimum salary threshold for new entrants and experienced hires under Tier 2. However, given the increases to the minimum salary threshold set out above, it is yet to be seen whether the UK Government will use this method to prioritise these applications or whether it will simply allocate more points to this type of application under the limit. The UK Government will also implement a change to enable graduates to switch roles within a company once they have secured a permanent role at the end of their training programme.

Resident Labour Market Test (RLMT) exemption in certain situations: From April 2017 the UK Government will waive the RLMT and give extra weighting under the Tier 2 (General) limit where the request for a restricted CoS is associated with the relocation of a high-value business to the UK or, potentially, supports an inward investment. This change seems to mark the reintroduction of the inward investment category which had previously been part of the work permit scheme, which was replaced by Tier 2 in November 2008. It will be interesting to see how the UK Government intends to define a “high-value business” and what level of inward investment will trigger this exemption.

Nurses to remain on the Shortage Occupation List: Although nurses will remain on the Shortage Occupation List (SOL), employers will need to carry out a RLMT before recruiting a non-EEA nurse. Consequently, it appears that,although nurses will continue to receive extra weighting under the Tier 2 (General) limit for being on the SOL, they will no longer be subject to the RLMT exemption which applies to other positions on the SOL.

TIER 2 (INTRA-COMPANY TRANSFER) (ICT)

Single minimum salary threshold for all Tier 2 (ICT) routes: In autumn 2016, the UK Government will increase the annual salary threshold for the Tier 2 (ICT) Short Term route to £30,000 and will abolish the Tier 2 (ICT) Skills Transfer category. The Tier 2 (ICT) Short Term category will then be abolished in April 2017 which will mean that all Tier 2 (ICT) migrants (except those entering under the Tier 2 (ICT) Graduate Trainee route) will have to be paid a minimum annual salary of £41,500. This will obviously have a huge impact on those companies, particularly in the IT and consulting industries, that currently transfer large numbers of individuals to the UK for short periods under the Tier 2 (ICT) Short Term route. The minimum annual salary threshold for Tier 2 (ICT) Graduate Trainee migrants will, in autumn 2016, be reduced to £23,000 and the number of places available to companies under this route will increase to 20.

Lowering the high earners’ threshold: From April 2017 the UK Government will lower the high earners’ annual salary threshold from £155,300 to £120,000 for Tier 2 (ICT) migrants looking to stay in the UK for between five and nine years. Disappointingly, it appears that the high earners’ threshold will not be lowered in all situations, for example to secure an exemption from the 12 month “cooling off” period or, in the case of the Tier 2 (General) route, the RLMT.

Removal of the 12 month experience requirement: From April 2017, for those applying to enter the UK under Tier 2 (ICT) (other than the Tier 2 (ICT) Graduate Trainee route) who will receive an annual salary of £73,900 in the UK, the UK Government will remove the requirement that they must have one year’s experience working for the sponsor overseas before submitting their application.

Immigration Health Surcharge (IHS) to apply to Tier 2 (ICT) migrants: From autumn 2016, Tier 2 (ICT) migrants will be required to pay the IHS.

Review of the use of allowances: The UK Government will undertake a review of the allowances that make up a component of a Tier 2 (ICT) migrant’s salary to see whether these work in the interest of the UK, and implement any changes in April 2017.

ACROSS BOTH TIER 2 ROUTES

Introduction of the Immigration Skills Charge (ISC): From April 2017, the ISC will be levied on Tier 2 employers at a rate of £1,000 (£364 for small and charitable sponsors) per person per year. PhD roles, Tier 2 (ICT) Graduate Trainees and Tier 4 to Tier 2 switchers will be exempt. From a cost perspective, this is the change which is likely to have the largest impact on employers, especially as it will be in addition to the Apprenticeship Levy which is also due to be introduced in April 2017.

Simplification of the Immigration Rules: The UK Government intends to simplify the Immigration Rules which apply to Tier 2, with the aim of making them easier for sponsors and applicants to understand. The UK Government undertook a similar exercise last year in relation to the Immigration Rules which applied to visitors.

MAC RECOMMENDATIONS WHICH ARE NOT BEING IMPLEMENTED

The UK Government states that it recognises the importance of encouraging international students to undertake skilled work in the UK after their studies. Consequently it is not implementing the MAC’s recommendations that students switching from Tier 4 to Tier 2 should be included in the annual limit and be subject to the RLMT.

It is also not implementing the recommendation that those intending to enter the UK under Tier 2 (ICT) should be required to have worked for their sponsor overseas for two years, rather than 12 months. Furthermore, it is not introducing a separate category for Tier 2 (ICT) migrants who are coming to the UK to work on third party contracts. However, it should be noted that, by requiring all Tier 2 (ICT) migrants to be paid at least £41,500, the UK Government is effectively introducing all of the MAC’s recommendations in relation to Tier 2 (ICT) migrants working on third party contracts.

CONCLUSION

These far reaching changes will drastically increase the cost to UK employers of sponsoring non-EEA nationals to work in the UK under Tier 2 and it remains to be seen whether this increase in cost, and inevitable decrease in the numbers of skilled migrants coming into the UK, will affect the attractiveness of the UK as a place to do business and for inward investment. In addition, it will be interesting to see whether measures to prioritise those coming to the UK to work for high-value businesses or support inward investment will be enough to encourage overseas companies to establish entities and invest in their UK businesses, taking into account the additional costs which will be involved in transferring and / or hiring non-EEA migrants to work in the UK.