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 the right side of this page. We will publish more information, including a list of approved test providers, before the change is introduced.

Level of English language study

Following the judgment made in the Judicial Review case brought by English UK, we 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 judgment 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.

Students applying to change to a different education provider

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, we have put processes in place to prioritise applications made by students who want to change to A- or B-rated sponsors.

US student loans

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.

Students with International Baccalaureate qualifications

We 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, we 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 our the current Tier 4 policy guidance.

Secure English language tests

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 our 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. We will provide links to both these documents from this page when they are published.

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:

• are from a majority English-speaking country (as listed on the Can you apply to Tier 4 (General)? page; or
• have successfully completed a course as a Tier 4 (Child) student (or under the student rules that were in force before 31 March 2009, if they were granted permission to stay while they were under 18 years old) which lasted at least six months and ended no more than two years before the date when the CAS is assigned; or
• have passed an English language test with an approved test provider for Tier 4, and has achieved at least CEFR level B1 in all four components (reading, writing, speaking and listening). You can download a list of approved test providers from the right side of this page.

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. We will provide links to both these documents from this page when they are published.

Today we are also announcing four other important changes to Tier 4 of the points-based system, some of which come into effect tomorrow.

The men were found at 1000 on 14 July after our officers working at Dunkirk used a carbon dioxide detection probe which indicated the presence of people aboard a Slovakian-registered freight lorry.

Our officers searched the trailer and found the men hiding within the load of steel wire.

The stowaways were all handed over to French Border Police, and the vehicle was allowed to continue to the UK.

However, the Bulgarian driver and the haulage company now face a potential fine if they are unable to prove they took steps to secure the vehicle.

Carole Upshall, director for European operations, UK Border Agency, said:

‘This is exactly why we base so many of our staff in France and Belgium – to stop illegal immigrants before they can reach the UK.

‘As well as using carbon dioxide probes, our staff also have heartbeat detectors and sniffer dogs to detect the presence of people hiding in lorries.’

Our officers use hi-tech search equipment to combat immigration crime and detect banned and restricted goods that smugglers attempt to bring into the country.

They use an array of search techniques including detection dogs, carbon dioxide detectors, heartbeat monitors and scanners as well as visual searches to find well-hidden stowaways, illegal drugs, firearms and cigarettes.

Throughout 2009 more than 29,000 illegal attempts to cross the Channel illegally were prevented.

The investigation was triggered when our officers identified the suspicious travel patterns of passengers flying in and out of Luton and Stansted Airports on tickets purchased by Adeolu Eletu, a 29-year-old Nigerian.

On 10 February, our officers from the immigration crime team (East), arrested Daniloush Solano, a 21-year-old Dutch woman, at Luton Airport as she attempted to board a flight to Amsterdam.

Investigations revealed that earlier that day Solano had married Eletu at a church in Wood Green, London. She was paid 1,500 euros for her role.

Eletu was subsequently arrested on 27 February at his home address in Falcon Brae, Livingston. His Nigerian girlfriend Helen Omoboye, 33, was also arrested. She had been due to participate in a sham marriage of her own at the same Wood Green venue on 11 February.

Sylvernus Ogungbade, a 36-year-old Nigerian, was also arrested on 10 February after officers established that Solano had caught her taxi to Luton Airport from his home in Goldbeater’s Grove, Edgware. Immigration checks revealed that Ogungbade, who was living alone, had recently applied for a visa on the back of his marriage to a Dutch woman who is still wanted by us.

Yesterday at Luton Crown Court, Eletu, Ogungbade and Omoboye pleaded guilty to conspiring to breach the UK’s immigration laws. Eletu and Omoboye also pleaded guilty to perjury charges.

Eletu was sentenced to two years eight months, Omoboye was sentenced to 18 months and Ogungbade was sentenced to a year and eight months. Solano had pleaded guilty to charges of conspiring to breach the UK’s immigration laws and perjury at an earlier hearing on June 10. She was sentenced to 12 months.

Sam Bullimore, assistant director, UK Border Agency said:

‘The sentences handed out show how seriously we, and the courts, take these kinds of attempts to undermine our immigration laws.

‘We will not tolerate immigration abuse and, as these convictions demonstrate, our immigration crime teams are creating a hostile environment for those who break the immigration laws. We know that sham marriage rackets are not just about getting a ticket to the UK, often the offenders are also involved in other forms of criminality. If we see marriages that are not genuine, we will challenge them and prosecute where appropriate.

‘People should be under no illusion that marriage is not enough to get permission to stay in the UK. Couples must also prove to the UK Border Agency that they have been in a genuine relationship for at least two years.

Acting on intelligence, our officers carried out a simultaneous swoop on three businesses in Warwick Way, Loughborough on 21 June at 1815. The officers sealed all exits before interviewing the workers and checking identity documents.

At the Bay Leaf restaurant they arrested a 24-year-old Bangladeshi man who had a fake British passport.

At the Koi Oriental restaurant a 34-year-old Chinese man, and a 33-year-old Chinese woman were caught – both were failed asylum seekers.

At the Pit Stop car wash a 20-year-old Iranian man was found working illegally. He was another failed asylum seeker.

On 15 June our officers visited the Koh-i-Noor restaurant in Nottingham Road, Loughborough at 1815.

They caught two Bangladeshi men illegally working – a 26-year-old who entered the UK illegally and a 29-year-old who had overstayed his visa.

At 2045 on the same day officers moved on to Castle Pizzas takeaway in the Barron, Castle Donington. A 34-year-old Pakistani man was found to be illegally working.

We are now taking steps to remove all the illegal workers from the UK as soon as possible.

All five businesses were issued with on-the-spot penalty notices for employing illegal workers and may now face a fine of up to £10,000 per illegal worker.

To avoid heavy fines, the businesses must prove to us that they carried out the correct pre-employment checks.

Phil Dyer, assistant director, UK Border Agency said:

‘Every week our officers visit businesses across the East Midlands pulling the plug on the illegal jobs which lure illegal immigrants to come to the UK.

‘Illegal working is unfair on honest employers who recruit staff with the right to work in the UK and who pay them a proper salary.

‘We will continue to support those companies who seek to comply with the law. But bosses that don’t play by the rules will get struck off our register, lose the right to recruit staff from outside Europe, face on the spot fines and could potentially end up in jail.

‘There are strict rules about which foreign nationals can get a job in the UK and businesses have a clear responsibility to carry out the right checks.’

A man was arrested during the intelligence led operation which took place in Thirsk and Ripon on the evening of Thursday 1 July, as part of a UK wide crackdown on suspected illegal working.

Our officers visited Tele Pizza in Market Place, Thirsk and Zorro Pizza in Kirkgate, Ripon where they checked employees’ documents to establish if they were entitled to work in the UK. In Tele Pizza they found a 19-year-old Palestinian man, who was a failed asylum seeker and did not have permission to work. He was dismissed from employment. Also working in the takeaway was a 29-year-old Egyptian man who had entered the country illegally. He was arrested and steps are now being taken to remove him from the country.

In Zorro Pizza, officers found a 31-year-old Egyptian man working behind the counter. Checks revealed that he had overstayed his visa and did not have the right to work in the UK. He was dismissed from employment. An application for further leave to remain that he has submitted is being considered.

Both businesses were served with a civil penalty notice for employing illegal workers. If the employers are unable to provide evidence that legally-required checks were carried out before recruiting the staff then a fine of up to £10,000 for each offender will be imposed.

Steve Lamb, regional operations director, UK Border Agency, North East, Yorkshire and the Humber said:

‘We will continue to come down hard on employers who seek to use illegal workers, wherever they are in the region. There are strict rules about which foreign nationals a business can employ, and simple checks must be carried out to establish a person’s right to work in the UK.

The 41 year old arrived in Pembroke on board a ferry from the Republic of Ireland at 0255 on 25 June.

She was stopped and refused entry by police who found she did not have a visa to enter the UK.

At 1700 on the same day, the woman arrived at Holyhead on another ferry from Ireland.

This time, UK Border Agency officers stopped the woman.

Documents found in her bags indicated that the woman intended to work illegally in the UK and when she was questioned further she admitted that this was the case.

She was refused entry and removed to Ireland for a second time.

The UK Border Agency retains records of people who have been refused entry or removed from the UK.

The day before the woman made her two unsuccessful attempts to enter the country, UK Border Agency officers arrested a Bangladeshi man who was working illegally at a restaurant in Prestatyn.

On 24 June the 29 year old was found in Rasam’s Spice, 131 High Street, Prestatyn, where he was working in the kitchen. He was in the UK illegally after his visa had expired.

He remains in detention while an outstanding immigration application is resolved. If he is found to have no right to remain in the UK he will be removed from the county.

Rasam’s was served with a civil penalty notice for employing an illegal worker.

If the employers are unable to provide evidence that legally required checks were carried out before giving the man a job, a fine of up to £10,000 will be imposed.

Jane Farleigh, regional director of the UK Border Agency in Wales and the South West, said:

The UK’s immigration cap has stung Indian industry leaders who are worried that that the new rules against non-EU immigration might impact Indian companies who heavily invested in the UK as well as those UK-based companies that rely on workers from the south Asian peninsula, particularly in services sectors such as IT, food and hospitality.
Ironically, the move comes just a month before the newly-elected Prime Minister David Cameron visits India with the intention of attracting greater Indian investment to the UK.

There are more than 700 Indian companies with investments in the UK and about two thirds are in the IT and computer software sectors. According to the Confederation for Indian Industry (CII) Indian companies are also the second highest foreign employers in Britain, after the US.  Tata, the UK’s largest foreign investor, employs a total workforce of 47,000.

India’s Minister of Commerce and Industry, Anand Sharma, who was in London meeting with the new coalition government this week said: “Our business leaders, professionals and other institutions have stated concerns over this matter. Though we understand the United Kingdom and European Union regulations, but the regime has to be investor friendly and must not come in the way of free movement of investors and professionals.”

Over the last few years big Indian names of the likes of ICICI Bank and Kingfisher Airlines have set up bases in London. Some Indian companies like Wipro and IL&FS have even made London their European headquarters. Many fear these companies will face difficulties getting visas for young Indian talent.

The new legislation may indeed be a whack in a tender spot for India, which ranks as the second biggest foreign investor to the UK by number of projects. According to the UK’s secretary of state Vince Cable,  bilateral trade with the UK is worth at least £11bn a year.

But some analysts don’t think the immigrant cap will have much of an impact on Indo-British trade. Grant Thornton’s, Anuj Chande, who specialises in corporate finance advisory services to South Asian companies coming to the UK, echoed the UK government’s assertion and was unconvinced by the idea that there “would be any significant impact to Indian business.”

In response, Amit Kapadia, the Director of the UK’s Highly Skilled Migrant Program, said in a statement to the press, “Any such cap will hit Indian professionals because most non-EU migrants to the UK come from India.”

Whether David Cameron’s visit to India will be a successful mission or not remains to be seen, but let’s hope he gets a good curry before getting on a plane back home.

The government has asked the MAC, as an independent expert body on migration, to provide advice on the level of the permanent economic migration limit for its first full year of operation. The permanent limit is intended to be implemented from April 2011.

As well as the economic impacts, the MAC will take into account the social and public service impacts of immigration on the UK.

The consultation will be open for submissions until 7 September 2010, and the MAC advice will be presented to the government by the end of that month. A paper setting out the consultation questions and procedures for submitting evidence has been published today.

The Chair of the Migration Advisory Committee, Professor David Metcalf, said:

‘The Migration Advisory Committee is pleased that it has been asked to carry out this work and looks forward to working with its partners to develop robust and well-informed advice to the government.’