New application forms for students and for PBS dependants

Source: www.ukba.homeoffice.gov.uk

The UK Border Agency has published revised application forms for tier 4 of the points-based system (PBS) and for PBS dependants with effect from )1 June 2009.

Form	Current version	New version
Tier 4 (General) student	03/09	06/09
Tier 4 (Child) student	03/09	06/09
Points-based system dependant	04/09	06/09

Please note that these forms are only to be used if you are applying from within the United Kingdom. The new versions of these forms should be used for applications made on or after Monday 1 June 2009.

The forms for applications from overseas are available on the visa services website.

Points-based system: Revised policy guidance for tier 4 of the points-based system and for PBS dependants

Revised versions of the policy guidance for tier 4 of the points-based system, and of the PBS dependants policy guidance, have now been published.

The key changes that are included in the revised guidance are highlighted below:

Issue	Changes from 1 June
Proof of availability of finances – transitional arrangements	There are transitional arrangements in place that allow applicants to show they have the money needed to meet the maintenance requirements of tier 4, on the day that they apply, rather than for a period of 28 days prior to their application. These transitional arrangements have been extended and will remain available to applicants until 30 September 2009.
Proof of availability of finances – loan documentation	The policy guidance allows applicants to provide a letter from an appropriately regulated financial institution confirming availability of funds in the form of a loan. Slight revisions have been made to the required content of these loan letters, to allow for the fact that they will not always include an applicant’s account number.
Official financial sponsorship	Prior to 1 June 2009, there was no provision for a tier 4 migrant’s official financial sponsor to extend their financial sponsorship to the family members of the tier 4 migrant. From 1 June 2009 a tier 4 migrant’s official financial sponsor will be permitted to extend their financial sponsorship to cover the tier 4 migrant’s dependants.
Electronic signatures on visa letters	Visa letters must be signed and dated by an authorised official (original or electronic signature). The policy guidance has been revised to clarify that either a digital signature or a scanned signature will be accepted as an ‘electronic signature’ for these purposes.
Maintenance requirements – inner and outer London	Applicants who will be studying in inner London are required to show a higher level of funds to cover their living costs than those who will be studying outside London. The definition of who the higher maintenance requirements apply to has not changed. The guidance has however been altered to clarify the fact that the higher maintenance requirements apply only to those who will be studying in inner London and that applicants who will be studying in outer London or elsewhere in the United Kingdom, will be assessed against the lower requirements.
Date of application	The date of your application will be taken to be the following: For applications made in the United Kingdom: where the application form is sent by post, the date of posting; or where the application form is sent by courier, the date on which it is delivered to the UK Border Agency of the Home Office; For applications made outside the United Kingdom: the date that the fee associated with the application is paid. This means the date shown on your payment receipt, which depends on how you paid for your visa application, for example, at a British Diplomatic Post, visa application centre or online.

Spouse and partner visa concession

UKBA have announced a limited concession to the rise in the visa age to 21 for spouses and partners. The concession is simply that the rule will not be applied to spouses and partners seeking entry to accompany or join immigrants in the temporary visa categories, such as students or Points Based Scheme migrants. The rise will continue apply to spouses and partners accompanying or joining persons present and settled in the UK.

This is rather odd, to put it mildly. It looks a lot like the reverse discrimination commenters on this blog have legitimately raised with regards to Metock and EEA citizens, where British citizens have far less extensive rights to be joined or accompanied by family members. Temporary migrants can be joined by spouses and partners under 21; British citizens and those with ILR cannot.

And how does this concession fit with the stated aim of reducing forced marriages? No explanation is given as to how this is consistent with the supposed aim, nor can I imagine reasons justifying how it fits with it at all. In my opinion, the concession further highlights the real aim of this discriminatory measure: preventing British Asians and minorities from marrying abroad.

The concession will be more grist for the legal mill when challenges against refusals start to come through. I reiterate my earlier opinion: anyone refused on the basis of being between the ages of 18 and 21 who can show they are not party to a forced marriage (which is pretty easy to do!) has a very strong case based on human rights and discrimination law.

Forced marriages are appalling and a very serious issue, but this is not the way to deal with the problem. It is disproportionate and disingenuous. – Free Movement