Education immigration newsletter
February 19, 2025
Education immigration newsletterFebruary 19, 2025 There is a continued focus in 2025 from the UK government to bring down net migration figures. In this edition, we set out what is on the horizon for UK immigration in relation to the education sector as well as providing useful resources and upcoming courses that will keep you updated and informed. There is a continued focus in 2025 from the UK government to bring down net migration figures. In this edition, we set out what is on the horizon for UK immigration in relation to the education sector as well as providing useful resources and upcoming courses that will keep you updated and informed. Robust sponsor compliance measuresDue to the ongoing focus on student sponsor compliance and efforts to reduce net migration figures, UKVI inspections remain frequent, and the UKVI is increasingly taking action against licenses. We anticipate many institutions and universities in particular will undergo inspections over the next 12 months, with several institutions already under action plans and scheduled for revisits in 2025. With the increased activity and sanctions being applied, it is crucial for institutions to maintain compliant practices and consider undertaking mock audit inspections to identify any areas of risk. Upcoming changes for HRAs confirmed by the Minister for Migration and Citizenship in a written statement in November 2024, the government is planning to put in place a range of measures in relation to Skilled Worker Sponsor licences, to align employment law compliance with sponsor licence eligibility. These measures include:
Revised Skilled Worker Sponsor obligationsThe Skilled Worker Sponsor Guidance had some changes made at the end of 2024. The changes include prohibiting the passing on of Skilled Worker sponsor licence, Certificate of Sponsorship fees and associated costs as well as the immigration skills charge where sponsors are already required to pay this. As a sponsor, you should review and update any relevant documents such as employment contracts, terms and conditions or policies that refer to the passing on of such fees. A further change included a clarification on the correct Certificate of Sponsorship category where a Student is switching into the Skilled Worker route. Where an individual is switching into Skilled Worker from the Student route, they need to use “Skilled Worker (Student course complete switching to Skilled Worker)”. Separately, the Switching immigration category has been amended, now explicitly stating other than a route for the purpose of study.
Updates to ATASThe ATAS Immigration Rules and Guidance were updated at the start of the year. Key takeaways are as follows:
Students must obtain a new ATAS if any of the following apply:
Sponsored Skilled Workers must obtain a new ATAS if any of the following apply:
ATAS is a particularly high risk area and with these various changes it is important to ensure that robust measures are put in place to stay compliant. To find out more about the ATAS changes, see here: Academic Technology Approval Scheme (ATAS) - GOV.UK and Immigration Rules - Immigration Rules Appendix ATAS: Academic Technology Approval Scheme (ATAS) - Guidance - GOV.UK Trends and statisticsNet migration is expected to fall from current levels in 2025 onwards, across a number of visa types. The Home Office reported that from January 2024 to December 2024 there was a 14% decrease in the number of sponsored students coming to the UK to study compared to 2023. There was a significant decrease, of 84%, in the number of dependant applications, due to the new rules made on 1 January 2024 whereby most international students were no longer allowed to bring family members with them to the UK, unless they are studying a postgraduate research course or course with a government funded scholarship. For Skilled Workers, there was a small 6% decrease in numbers from 2023 to 2024, with this number expected to fall again in 2025. There is some evidence that international students are more likely to remain in the UK long term, with the Graduate route proving popular. There are more students switching into long-term Skilled Worker Route visas, too. If this trend persists, the anticipated rise in student emigration might not materialise, leading to a smaller-than-expected reduction in net migration. Further eVisa transition workOn 4 December 2024, the government announced that BRPs that expired on 31 December 2024 will continue to be accepted for the purpose of travelling to the UK, provided the individual’s permission is still valid on the date they seek to re-enter the UK. The current guidance states that applicants should keep their expired BRP cards and can use them until at least 31 March 2025 to enter the UK, generate a share code, access an eVisa or apply for an extension/switch using the IDV app. If employees do not have an eVisa, they can apply for an eVisa using an expired BRP card. Alternative ID documents are also accepted to create an eVisa, such as a passport along with the individual’s last visa application reference number. Upcoming courses and webinars
We hope you find these updates useful. Eversheds Sutherland has over a decade of experience in advising and assisting institutions with UKVI compliance. Please get in touch with the team if you have any queries or require assistance with related matters. Latest Events
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