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UNITED KINGDOM: New Interviews for Students

7/30/2012

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from ABIL Immigration Insider

On July 9, 2012, UKBA announced a targeted interview system for students that would concentrate on high-risk applicants. On arrival to the UK, students will be asked about their immigration and education history, study and post-study plans, and financial circumstances. The UKBA expects to interview up to 14,000 students in the next 12 months. This announcement follows an interviewing pilot carried out by the UKBA last year to tackle concerns about the legitimacy of some applicants. Under the pilot, about a fifth of the applicants were refused entry to the UK based on their interviews. One of the main concerns was the inability of applicants to display the required level of English.

The Tier 4 Sponsor License Guidance notes:

From 30 July, a Tier 4 student applying from outside the UK may be asked to undertake an interview, either in person, or on the telephone. If as a result of this interview the UK Border Agency is not satisfied that the applicant is a genuine student, or the applicant cannot speak English to the required standard (judged as set out at paragraph 245 ZV(ca) of the Immigration Rules), or the application is shown to fall for refusal under the General Grounds for Refusal, the application will be refused.
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FRANCE: Change of Status from Student to Working Category Eased

5/31/2012

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from ABIL Immigration Insider

The Circular of May 31, 2012, provides the most recent guidelines to be followed by officers processing changes of status sought by graduating foreign students who wish to work in France.

The period during which an employer must advertise to find a skilled worker in France has been reduced from 2 months to 3 weeks. Students graduating with a "Master 2" degree may apply for a provisional authorization to stay (APS) 4 months before their student status expires, to seek employment that would be their first professional experience in France. A student under an APS may start working as soon as the employment contract is signed, and may apply for a change of status within 15 days of signature.

Since publication of the Circular, the processing authorities have become less rigid than under the previous administration. The authorities continue to verify that the employment sought is appropriate for the degree and that the employer has a specific interest in hiring a foreign graduate.
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FRANCE: Government is Easing on its Harsh Position on Foreign Graduates Seeking to Work in France

1/13/2012

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_by Karl Waheed, ABIL Lawyer
Karl Waheed Cabinet d'Avocats

Executive summary: Today was published the much awaited circular clarifying the government’s position on foreign students seeking to work in France after graduation. In a previous circular the government had instructed the administration to interpret the regulations very narrowly, with the aim of reducing the number of foreign students allowed to change their status upon graduation. Such instructions resulted in a massive protest from the universities, students and even criticism within the government. The new circular seeks to reduce the harsh effect of the previous circular by providing a guideline to avoid tarnishing the attractiveness of French schools to foreign students and undermining French business in the need of foreign talent.

The circular of 12 January 2012 clarifies the government’s position in 3 points.

1. The government recalls the law (L. 311-11 of CESEDA) which it had promulgated to allow qualifying foreign students to change status and accept employment, without being subject to labour market tests. The administration is asked to apply the law whenever the students qualify, and seek the attestations of the schools and future employers in order to facilitate the adjudication.

The annual permit issued under such law is to be renewed by the administration until the end of the first professional experience. The government seems to underline here that the job obtained by the student must not be a permanent position. The student is to perfect his/her theoretical knowledge by a first professional experience.

2. In situations where the pre-stated law is not applicable, the government is asking to balance the objective of restricting migration against the negative effect on the reputation of French schools abroad and need of French business seeking a talented graduate with a Master equivalent or higher. The circular gives several examples where a favourable adjudication of a work permit is recommended.

3. The administration is asked to apply these instructions to status change applications made since 1st June 2011, which may be re-filed. Orders to quit French territory, further to negative decision on change of status applications are suspended while the applications are re-examined. The administration is asked to accept simultaneous filing of double applications: one under Law 311-11 and another under common law.
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