The work of the Immigration Directorates (October - December 2013) - Home Affairs Committee Contents


3  UK Visas and Immigration

Visa applications

42. The UK point based system provides for visas in separate categories: Tier 1 is for "high value" individuals. Tier 2 is for skilled workers from outside the EU with a skilled job offer, and is subject to an annual upper cap of 20,700. Tier 4 is for students and Tier 5 is for people whose reason to work in the UK is temporary and not for work reasons, e. g. artists. The service standard target for in-country postal visa applications is 90% in four weeks. The service standard target for premium visa applications is 90% in 24 hours.

In country processing


The chart below shows the proportion of in country visas applications process within target by Tier for postal and premium applications in Q4 2013.



-  Performance on postal applications is below target for Tiers 1 and 4. Performance on premiums applications for Tiers 1, 4 and 5 is below target.


Work in progress


-  In Q4 2013, there were 113,243 in country visa applications which were work in progress of which 22% were un-input cases. In Q3 2013 there were 141,005 in country visa applications which were work in progress, of which 7% were un-input cases.


Out of country processing


The chart below shows out of country visa applications processed within 15, 30 and 60 days by Tier in Q4 2013.


-  Performance in Tier 1 is below target.



Improved performance


-  There are 58,919 out of country visas applications that are work in progress in Q4 2013. This is a decrease from 67,078 in the previous quarter.


The chart below shows the proportion of in country postal visa applications processed in the target time. Performance across all Tiers has improved in 2013, although for Tier 1 only 61% of postal applications were process in target time in Q4 2013.



Performance for in country premium applications also improved in 2013 for Tiers 2 and 5. However, still only 70% of Tier 4 premium applications are processed in the target time in Q4 2013.


  



Sponsors and licensing

43. Applications under Tier 2, Tier 4 and Tier 5 require a sponsoring body. Under Tier 2 and Tier 5 (Temporary workers) the sponsor must be an employer based in the UK. Under Tier 4, the sponsor must be an education provider. Such organisations have to apply to UKVI to get sponsor status.

Applications


The chart below shows sponsor application made by Tier.


-  In Q4 2013 2,296 applications were made in Tier 2, 54 applications were made in Tier 4 and 128 applications were made in Tier 5.



Improved performance


-  In Q4 2013, it took 20 days on average to process a sponsor application, down from 26 days in the previous quarter.


Follow up visits - Worse performance


-  In Q4 2013, 1,536 follow up visits were made to visa sponsors in Tiers 2, 4 and 5. This is a decrease from 1,571 in the previous quarter.


Unannounced visits - Improved performance


The chart below shows the number of follow up visits that were unannounced.



-  In Q4 2013 there was an increase in the number and proportion of follow up visits that were unannounced.


New asylum cases

-  There were 7,513 applications were made for asylum (main applicant and dependents) in Q4 2013.


-  3,964 initial decisions were made in Q4 2013, a substantial fall from 5,421 initial decisions in the previous quarter. 38% of the initial decisions were grants (some of these decisions may related to applications made in previous quarters).


Asylum applications pending initial decision - Worse performance


-  The chart below shows that 23,070 asylum applications were pending an initial decision in Q4 2013, up from 20,809 in the previous quarter.




Asylum applications pending initial decision for more than 6 months - Worse performance


-  There has been a rise in the proportion of cases waiting more than 6 months for an initial decision. In Q4 2013 37% of cases had waited more than 6 months.


44. The total number of asylum applications pending a decision has increased, as it has done each quarter since the beginning of 2012. Within that total, the proportion of those cases waiting more than six months for an initial decision has continued to grow. The Government has said that clearing the older cases would enable more resources to be focussed on the new cases.[57] In response to a question about the low proportion of asylum decisions being made within six months, Sarah Rapson said:

    There are two aspects to this. One is that intake is up and it is up for a number of reasons, things like what is happening in Syria, so world events. But also the tightening up of policy, people using it—I am afraid—a route of last resort to stay here, whether they have been encountered as part of an enforcement operation or whatever, and possibly a consequence of clearing the backlogs in temporary and permanent migration when we have refused people who are then using this as a route to try to stay. That is the intake story. It is also fair to say that our capacity to be able to deal with these cases quickly has been reduced as a consequence of a restructuring that was announced by UKBA, as was, which basically was intended to re-grade case workers, which has had a very negative impact on the numbers of people we have making these decisions. A restructure—I have to tell you—that we stopped last summer and our plans now are about bringing more people in, training them, and we have plans to bring that back into service standard, if you like, over the next year. It is true to say that there are issues here that we are working through.[58]

45. The Government published its response to our Report on Asylum in December 2013, in which it said:

    Sometimes cases will take longer than 6 months for an initial decision for reasons beyond our control, e.g. when we await expert medical reports or where there are issues relating to national security. But we do accept that we should be taking well over 90% of initial decisions within 6 months.[59]

46. In oral evidence to the Committee, in April 2014, Sarah Rapson said:

    […] I think we will start to make inroads into the backlogs about November time, with our people being trained up properly, and by the end of this financial year we will be in a position to say that all cases will get a decision within that six month period.

And when asked to clarify what proportion would get a decision within six months,

    Dr Huppert: All or 90%?

    Sarah Rapson: All.[60]

The Minister later wrote to the Committee, to explain that Sarah Rapson wished to clarify her answer, and that "All" should read "all straightforward claims" would receive a reply within a six month period. Straightforward claims are those where the Home Office is not waiting "for resolution of circumstances beyond our control".[61]

47. In our last Report we commented on the increase in the number of asylum cases waiting more than six months for an initial decision. This trend has continued for the last eight quarters. We consider this unacceptable, and see no evidence that the government is achieving either its stated aim of making over 90% of initial decisions within six months or Sarah Rapson's aim of all straightforward cases getting a decision within six months. We agree with Sarah Rapson that there is no reason not to make an initial decision on straightforward cases promptly, and urge the government to take steps to achieve this aim.

Legacy asylum cases

Asylum cases concluded - Improved performance


-  The chart below shows that in Q4 2013 1,846 legacy asylum cases were concluded, up very slightly from 1,806 in the previous quarter.




The chart below shows the total number of asylum cases in the Older Live Cases Unit has reduced slightly since Q4 2012.



-  At the end of Q4 2013, 52% of all legacy asylum applications concluded had been granted leave to remain, 25% were removed and 22% were found to be duplicates.


ASYLUM BACKLOG

48. The number of asylum cases in the older live cases unit decreased slightly through 2013, from 33,500 in Q4 2012 to 28,391 in Q4 2013. This is because the number of asylum cases being added to the older live cases unit has fallen through 2013 while the number cases being concluded has risen. For example, in Q4 2013 only 251 cases had been added while 1,846 asylum cases were concluded.

49. At the current rate, it will take until 2019 to clear the backlog, an unacceptably long delay and much worse than the Home Office committed to. We were told that reducing the older asylum cases would free up staff to address the new asylum cases, and make it more likely that the Government would meet its own aspiration of 90% of initial asylum decisions being made within six months. Progress has been unacceptably slow, and the Home Office's continued failure to deal with the backlog is jeopardising prompt and fair treatment of new applicants. This must be addressed.

Legacy immigration cases

Legacy immigration conclusions - Improved performance


The chart below shows the number of legacy immigration applications concluded since Q2 2012.


-  4,045 legacy immigration applications were concluded in Q4 2013, up from 3,500 in the previous quarter.



-  At the end of Q4 2013 46% of all legacy immigration applications concluded had been granted leave to remain and 25% of applications were removed. 29% were found to be duplicates. Q4 2013 saw another quarterly increase in duplications, and a fall in the proportion of grants and removals.


Grants of settlement

The chart below shows grants of settlement by category.


-  There were 32,632 grants for settlement in Q4 2013, 39% of which were for employment and 40% for family formation and reunion.



Appeals and tribunals performance

FIRST TIER TRIBUNAL

The chart below shows First Tier Tribunal disposals that were determined. Cases can be either allowed or dismissed.




Bundling performance - Worse performance


The Home Office aims to get bundles to court five days in advance of the appeal hearing. The Home Office say that performance in recent quarters has been stable in the 65% to 67% range.


Representation rates - Improved performance


In Q4 2013 the Home Office achieved a 99% representation rate at First Tier Tribunal, up from 98% in the previous quarter.


IMMIGRATION APPEALS

In the Q4, 44% First Tier Tribunal (Immigration and Asylum Chamber) appeals were allowed down from 45% in the previous quarter


In Q4 2013, the proportion of successful asylum appeals at First Tier Tribunals was 29%, up from 28% in the previous quarter.


MPs correspondence

The chart below shows the proportion of MPs emails and inquiries made via the MPs inquiry line responded to in target time.



Response to emails - Improved performance


The Home Office aims to respond to 95% of emails within 20 days.


-  83% of emails were responded to within 20 working days in Q4 2013, an increase from 70% in the previous quarter.


Response to MPs inquiry line - Worse performance


The Home Office aims to resolve 90% of queries via the MP's inquiry line within 10 working days.


-  In Q4 2013 69% of queries were resolved in 10 working days, down from 73% in the previous quarter.



57   Qq 114-115 Back

58   Q 114 Back

59   Home Office, The Government Response to the Seventh Report from the Home Affairs Committee Session 2013-14 HC 71: Asylum, December 2013, Cm 8769 Back

60   Q 115 Back

61   Letter from James Brokenshire to the Chair, Abuse of immigration student route, 25 June 2014 Back


 
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Prepared 25 July 2014