Immigration Barristers' Blog

The National Audit Office (NAO) has issued a report on the 2009 implementation of a points based route, known as Tier 4, by which students from countries outside the European Economic Area can study in the UK.

The report has found that the UK Border Agency implemented Tier 4 with flaws which were predictable and could have been avoided. The Agency has not dealt efficiently and effectively with overstayers and students in breach of the rules.

Under the previous system of student immigration for non-EEA students, replaced by Tier 4, there was no limit to the number of students whom a college could enrol and students were free to move college and course as they wished without notifying the Agency. Under Tier 4, each student must be sponsored by educational institutions licensed by the Agency and cannot change college without applying to the Agency. Sponsoring colleges are responsible for judging students' intentions to study.

The Agency implemented Tier 4 before the key controls were in place. Based on college enrolment rates and changes in application patterns, the NAO estimates that, in its first year of operation, between 40,000 and 50,000 individuals may have entered the UK via Tier 4 to work rather than to study. The Agency did not check that those who entered the UK as students were attending college.

The Agency introduced new controls in 2011 and a fully-documented compliance strategy in December 2011 that are likely to reduce the number of problem students. But it will not be possible to determine the value for money of the Points Based System for students, unless the Agency establishes ways to measure its success in tackling abuse, including how it deals with overstaying, and to establish the full cost of its Tier 4 related activities.

Following the publication of the 'Landing in Dover' report by the Children's Commissioner for England, the Executive Director of the Centre for Social Justice, Gavin Poole, has issued a statement welcoming the increased protection for children, and calling for further changes to help protect adult victims of human trafficking.

The statement reads:

“This crucial report from Maggie Atkinson, the Children's Commissioner for England, takes important steps to place unacceptable practices relating to child trafficking firmly in the spotlight. It reinforces some widely held fears that the sheer scale of those trafficked into the UK, and the extent of the crime, is both unknown and undocumented. The report demonstrates that individuals, those too often dismissed as  “illegal immigrants”, are in fact victims of crime, abuse and exploitation and are in need of specialist care.

“Whilst it is encouraging that these practices have reportedly been halted at all UK ports for unaccompanied children, it is disturbing that no changes have been made to protect adults. Those trafficked to the UK are among the most vulnerable members of society, at high risk of exploitation and abuse. Every individual, adult or child, should be given a chance to explain their real story. The risks and extent of trafficking must be fully understood and acknowledged within the Border Agency and at ports across the country; only then can we effectively support the victims and prosecute the perpetrators of this most shameful of crimes.”

Prime Minister David Cameron has set out proposals to tighten the immigration system in Britain. The plans include asking the public to report those they suspect of being illegal immigrants.

The European Commission has asked eight Member States to ensure full compliance with EU rules on the return or removal of irregular migrants. So far Austria, Belgium, Cyprus, Germany, Lithuania, Poland, Sweden and The Netherlands have not notified the Commission of national measures implementing the 2008 'Return' Directive. Member States were required to transpose the provisions of the Directive by 24th December 2010, and their failure to do so is jeopardizing the efficiency and fairness of the common return procedure and undermining the EU's migration policy.