2Visa Applications
9.The majority of people from outside the European Economic Area (EEA) wishing to visit or relocate to the UK require a visa to do so. Responsibility for processing visa applications rests with UK Visas and Immigration (UKVI), a directorate within the Home Office. The vast majority of visa applications are for temporary visas for those visiting the UK or transiting through it. Our quarterly examination of UKVI’s work in processing applications focuses on longer term visas. The system for long-term visas is based on five ‘tiers’ (as set out in paragraph 15). Under this system applicants must satisfy a points-based assessment. The system includes a cap on numbers for certain visas but, as Lord Green of Deddington, the Chair of Migration Watch, explained to us, on an annual basis the cap on Tier 2 (skilled worker) visas has never been reached.6 Table 2 below provides a breakdown of the number of visas, excluding visitor and transit, granted in Q1 2016 compared with Q1 2015.
Table 2: Visas granted by reason, comparison between Q1 2016 and Q1 2015
|
Reason |
Q1 2015 |
Q1 2016 |
Change |
|
Work |
41,221 |
39,101 |
-2,120 |
|
Study |
15,393 |
11,207 |
-4,186 |
|
Short-term study |
10,979 |
13,151 |
+2,172 |
|
Family |
9,105 |
9,520 |
+415 |
|
Dependant joining or accompanying |
2,308 |
1,760 |
-548 |
|
Other |
10,364 |
11,678 |
+1,314 |
|
Total |
89,370 |
86,417 |
-2,953 |
Source: Home Office, Immigration Statistics, May 2016, Table Vi 04q
Processing applications
10.Applications for a visa can be made from within the UK (‘in-country applications’) or from outside the UK (‘out-of-country applications’).
- At the end of Q1 2016 there were 140,119 in-country applications pending completion, down from 154,291 at the end of Q4 2015.
- The number of out-of-country applications in progress at the end of Q1 2016 totalled 57,788, an increase from 31,354 at the end of 2015, and higher than the 39,218 in progress at the end of Q1 2015.7
Worse performance
- Despite a fall in the number of in-country cases in progress, the number of cases that have been received but not yet entered onto the Case Information Database (CID) has risen from 13,341 (8.6%), at the end of 2015, to 16,672 applications (11.9%) by the end of the Q1 2016.8
11.We have previously expressed concern about the large number of visa applications that have yet to be entered onto the Case Information Database. Despite the number of applications falling for consecutive quarters, the number of cases that have been received but which UKVI have yet to begin processing continues to rise. This is unacceptable, it is a simple administrative task which should easily be completed. The Home Office’s failure to put data on computers is delaying the processing of cases and does not inspire confidence in their ability to manage this caseload.
12.From January 2014 various service standards have applied to straightforward visa applications; these are cases where the customer has been compliant and met all of their obligations.9 Table 3 shows that the vast majority of straightforward in-country applications are being progressed within the service standards.
Table 3: Work in-progress casework summary against service standards: in-country applications
|
Cases in progress within service standards |
Cases in progress outside service standards: less than 6 months |
Cases in progress outside service standards: more than 6 months |
Total number of cases in progress outside service standards |
Cases where service standards do not apply |
|
|
Q1 2015 |
60,759 |
19 |
45 |
64 |
41,452 |
|
Q2 2015 |
87,576 |
51 |
62 |
113 |
31,274 |
|
Q3 2015 |
122,006 |
121 |
17 |
138 |
28,468 |
|
Q4 2015 |
100,675 |
50 |
204 |
254 |
35,743 |
|
Q1 2016 |
82,997 |
11 |
115 |
126 |
33,651* |
Source: UK Visas and Immigration, Temporary and permanent migration transparency data, May 2016, Table InC_5
* Of the 33,651 cases where service standards do not apply, 27,562 are referred to as ‘non-straightforward workable’ which means that once the applicant provides further information to UKVI, the case becomes workable and service standards will apply.
Improved performance
- In our previous Report10 we noted that the number of cases in progress outside service standards was growing. Q1 2016 breaks that trend. The number of cases outside service standards at the end of Q1 2016 is half the number at the end of Q4 2015.
13.With regard to out-of-country applications, there is a high number of outstanding cases in the refugee/humanitarian family reunion category of visa application. UKVI’s target is to process all such applications within 24 weeks and 95% of cases within 12 weeks but, as the table below shows, many have been outstanding for over a year. The Refugee Council explained why this is a concern: “family reunion is an important safe and legal route for refugees to be reunited with their loved ones. Without access to safe and legal routes, families can be split across continents and forced to take dangerous journeys if they want to be together.”11 (The administrative arrangements for family reunion are discussed in Chapter 3.)
Table 4: Out-of-country refugee/humanitarian family reunion visa applications in progress: Quarter 1 2016
|
Category |
Total outstanding applications |
Outstanding: less than six months |
Outstanding: six months – one year |
Outstanding: more than a year |
|
Family reunion |
1,165 |
831 (72%) |
5 |
329 (28%) |
|
Refugee resettlement programme* |
14 |
0 |
0 |
14 (100%) |
Source: UK Visas and Immigration, International operations transparency data, May 2016, Table Visa_05
* This table contains data on the visas issued in relation to part of the Refugee Resettlement Programme. Specifically, these figures do not relate to those resettled under the Syrian Vulnerable Persons Resettlement Scheme.
14.In our previous Report we highlighted the large number of family reunion visa applications that were outstanding. This has not been addressed. The Government must explain why so many out-of-country family reunion cases are not being processed within service standards and set out what steps it is taking to address this issue. Family reunion is important as a safe and legal migration route to the UK and we will explore this issue in more detail in a forthcoming report on the migration crisis.
Sponsorship and licensing
15.Applications under Tier 2, Tier 4 and Tier 5 require a sponsoring body. Under Tier 2 (skilled workers) 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. There are currently 27,290 Tier 2 sponsors, 1,383 Tier 4 sponsors and 3,867 sponsors under Tier 5. The information below shows the number of sponsor applications for each Tier and the number of sponsors registered overall.
Figure 2: Number of new sponsor applications in each Tier
Source: UK Visas and Immigration, Sponsorship transparency data, May 2016, Table SP_02
Table 5: Number of sponsors registered on points based system (PBS) routes
|
Quarter |
Tier 2 |
Tier 4 |
Tier 5 |
|
Q4 2014 |
27,088 |
1,590 |
3,622 |
|
Q1 2015 |
27,239 |
1,569 |
3,668 |
|
Q2 2015 |
27,422 |
1,529 |
3,736 |
|
Q3 2015 |
27,504 |
1,450 |
3,751 |
|
Q4 2015 |
27,489 |
1,466 |
3,752 |
|
Q1 2016 |
27,290 |
1,383 |
3,867 |
Source: UK Visas and Immigration, Sponsorship transparency data, May 2016, Table SP_01
Improved performance
- In our previous report we noted that only 90.8% of applications for Tier 4 Sponsor visas made in Q2 2015 were processed within the 18 week customer service standard. The latest release of data shows that 99.5% of applications made in Q3 2015 were processed within 18 weeks. UKVI is now meeting the customer service standards for processing all sponsor and sponsorship applications.12
- For premium service (same day applications), only 88.5% of Tier 1 cases were resolved the same day in Q3 2015 and 93.2% in Q4 2015. However, in Q1 2016, 514 out of 531 applications (96.8%) were resolved on the same day.13
- The average time taken to process a sponsor application in Q1 2016 was 20 days (a slight reduction from 22 days in Q4 2015).14
Enforcement
16.UKVI may visit a body applying to be a sponsor before making a decision on its application for a Tier 4 licence. UKVI also conducts follow-up visits to ensure bodies are complying with the conditions of their status as sponsors. Non-compliance can result in a sponsor’s licence being suspended or revoked. An overview of UKVI’s work in enforcing the sponsorship regime is set out in the tables below.
Table 6: Visits to sponsors
|
Quarter |
Pre-registration |
Follow-up visits |
||||||
|
Tier 2 |
Tier 4 |
Tier 5 |
Total* |
Tier 2 |
Tier 4 |
Tier 5 |
Total* |
|
|
Q4 2014 |
189 |
19 |
4 |
220 |
1,089 |
52 |
40 |
1,224 |
|
Q1 2015 |
286 |
26 |
8 |
323 |
1,002 (644) |
87 |
31 |
1,166 |
|
Q2 2015 |
276 |
47 |
7 |
377 |
791 |
39 |
34 |
914 |
|
Q3 2015 |
295 |
14 |
7 |
320 |
797 |
27 |
27 |
874 |
|
Q4 2015 |
311 |
14 |
4 |
330 |
529 |
37 |
20 |
601 |
|
Q1 2016 |
306 |
16 |
11 |
338 |
421 |
35 |
16 |
491 |
* Total also includes visits to bodies whose licences cover multiple tiers
Source: UK Visas and Immigration, Sponsorship transparency data, May 2016, Tables SP_08 and SP_09
Figure 3: Percentage of follow-up visits that were unannounced
Source: UK Visas and Immigration, Sponsorship transparency data, May 2016, Table SP_05
Table 7: Action taken against sponsors
|
Quarter |
Tier 2 |
Tier 2 |
Tier 4 |
Tier 4 |
Tier 5 |
Tier 5 |
Total |
|
Q4 2014 |
84 |
196 |
13 |
22 |
8 |
5 |
328 |
|
Q1 2015 |
108 |
190 |
16 |
18 |
8 |
14 |
354 |
|
Q2 2015 |
159 |
149 |
20 |
16 |
4 |
3 |
351 |
|
Q3 2015 |
217 |
227 |
88 |
24 |
9 |
8 |
573 |
|
Q4 2015 |
142 |
169 |
60 |
14 |
1 |
4 |
390 |
|
Q1 2016 |
182 |
117 |
19 |
10 |
9 |
7 |
344 |
Source: UK Visas and Immigration, Sponsorship transparency data, May 2016, Table ScC01
Table 8: Response to notifications of potential non-compliance of those sponsored
|
Quarter |
Total processed notifications |
Curtailment action required: Tier 2 and 5 |
Curtailment action required: |
No further action required |
Leave curtailed |
|
Q4 2014 |
32,648 |
3,385 |
13,292 |
15,971 |
9,632 |
|
Q1 2015 |
44,776 |
15,269 |
19,619 |
9,888 |
17,297 |
|
Q2 2015 |
39,318 |
12,664 |
16,587 |
10,067 |
16,072 |
|
Q3 2015 |
30,750 |
5,176 |
11,213 |
14,361 |
9,364 |
|
Q4 2015 |
29,606 |
11,055 |
5,666 |
12,885 |
8,364 |
|
Q1 2016 |
24,414 |
5,579 |
5,627 |
13,208 |
6,022 |
Source: UK Visas and Immigration, Sponsorship transparency data, May 2016, Table SN_01 and SN_02
17.In our Q4 2015 Report we noted the high number of notifications that required no further action. Following an inspection into this area in 2015, the Independent Chief Inspector of Borders and Immigration (ICIBI) concluded that sponsors were unclear what changes in a student’s circumstances they were required to report. He also noted that there was an exaggerated fear of the consequences of not reporting even the most minor change, and that a lack of direct feedback meant the trend of high numbers of notifications requiring no action was unlikely to change significantly.15 In Q1 2016, there were 13,208 notifications that required no further action, an increase on the previous quarter despite their being 5,092 fewer notifications in total.
18.The number of notifications from sponsors of Tier 4 visas that require no further action is far too high and this is an obvious inefficiency in the system of enforcement. We repeat the recommendation from our previous Report that the Home Office must constructively engage with the academic sector to reduce this figure. It is unacceptable that academic institutions are wasting time generating notifications which the Home Office knows to be unnecessary. We expect this situation to be addressed by 31 December 2016.
English-language testing
19.We are currently conducting an inquiry into the discovery of widespread fraud in the English-language testing system and the Home Office’s subsequent enforcement action. The response by the Home Office to the fraud has been to take action against individuals, primarily students, and their sponsors. To date over 28,000 refusal, curtailment and removal decisions have been made by the Home Office, and more than 4,600 people have been removed from the UK; 104 institutions have had their licences suspended and 87 have had their licences revoked.
20.In his statement to the House on 24 June 2014, Rt Hon James Brokenshire MP, the then Minister for Immigration, was clear that some of the sponsors investigated had given serious cause for concern. The Minister explained that amongst the issues identified were students working when they were not permitted to or working above the maximum hours permitted. He told the House:
The work undertaken by HMRC has identified a number of overseas university students earning more than £20,000 a year despite the rule that they must not work more than twenty hours per week during term time.
Overseas students at privately funded further education colleges are not allowed to work at all, yet one college—the London School of Business and Finance—has 290 foreign students who worked and paid tax last year. One university student identified by HMRC had been working a sixty-hour week for six months.
UKVI identified people allegedly studying in London while their home addresses were registered as restaurants as far as away as Ipswich and Chichester.16
21.Our inquiry into the English-language testing system and the discovery of widespread fraud is ongoing. As part of that inquiry we have received evidence of serious shortcomings in the Home Office’s response to the fraud. We expect to conclude our inquiry in September.
7 UK Visas and Immigration, International operations transparency data, May 2016, Table Visa 03
8 UK Visas and Immigration, Temporary and permanent migration transparency data, May 2016, Tables InC 3 and InC 4
9 The service standards are set out in our Q4 2015 Report and are available on the Home Office website in the notes section of the Temporary and permanent migration transparency data tables.
10 Home Affairs committee, Second Report, Session 2016–17, The work of the Immigration Directorates (Q4 2015), HC 22
12 Using the most recent figures available from UK Visas and Immigration, Temporary and permanent migration transparency data, May 2016, Table InC_02
13 UK Visas and Immigration, Temporary and permanent migration transparency data, May 2016Table InC_07
14 UK Visas and Immigration, Sponsorship transparency data, May 2016, Table SP_05
15 Independent Chief Inspector of Borders and Immigration, A short notice inspection of the tier 4 curtailment process, July–September 2015, 23 March 2016
16 HC Deb, Col 206, 24 June 2014
© Parliamentary copyright 2015
25 July 2016