By Charles Kelly
The UK Border Agency (UKBA) is publishing a blacklist list of financial institutions which, on the basis of experience, they will no longer accept to verify financial statements (show money).
This week the UKBA has announced the creation of a new initial list containing hundreds international banks and financial institutions which will be used when considering points under a Tier 4 student visa application.
The bank blacklist will be used when verifying maintenance funds under Tier 4 of the points-based system. A student visa applicant will receive no points for maintenance if they submit documents showing that the funds are held in a financial institution on the list – and could also face a ban from the UK.
The list includes banned banks from India, Pakistan and the Philippines. (Links to the full lists are below, which include those banks the UKBA accepts)
Those the UKBA accepts are mainly the larger banks and those large foreign banks operating in PHL.
Those banned are mainly rural and saving banks, and there are approximately 700 of them.
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The list forms part of the reforms to the Tier 4 student visa immigration route, which say the UKBA will ensure that they can verify that student visa applicants hold the required maintenance funds to support themselves and pay for their course in the UK.
Thousands of international students have arrived in the UK with little or no money, despite presenting ‘proof’ of funds to entry clearance officers at their local British Embassy.
Many have failed to pay fees on arrival or keep up with monthly payment plans. Some colleges are having to resort to legal action through the county courts to recover debts owed by non-paying students.
Students end up on credit blacklists with County Court Judgements (CCJ) registered against them, which means they will find it extremely difficult to obtain credit, open a bank account or rent a property.
The consequences of court actions, criminal offences or civil action, can be even more serious for migrant workers under Tier 2 or Tier 4 students.
County Court Judgements, or civil actions, must now be declared on new style immigration forms for further leave to remain or visa extensions and may affect your chances of renewing your Tier 4 student visa. A CCJ or Credit Default (e.g. not keeping up with payments on a credit card, loan or mobile phone agreement) will stay on your credit file and history for six years or more and will have to be declared on immigration forms.
The UKBA will give a 30-day notice period from the date when a financial institution is first listed before the new rule takes effect. This will enable applicants to make the necessary financial arrangements, so that they can provide financial documentation which meets the new requirements.
The list will be kept under review, and will make additions or deletions as appropriate.
The UKBA said it will continue to verify financial information from financial institutions not on the list, on a case-by-case basis, and may refuse applications on the basis of these individual checks.
The UKBA adds that ‘points may still be awarded if banks do not meet these criteria, where they have a history of providing satisfactory verification checks’. However, as many have found to their cost, once an entry clearance officer (ECO) or UKBA case worker discovers that a fraudulent bank statement has been submitted as part of a Tier 4 student visa application or student visa extension they are highly likely to slap a 10 year ban on the student.
The following is taken directly from the UKBA's website, and contains the lisis of banks, both banned and approved.
List of financial institutions that do not satisfactorily verify financial statements
For the purpose of verifying applicants' maintenance funds under Tier 4 of the points-based system, the UK Border Agency maintains a list of financial institutions in some countries that do not satisfactorily verify financial statements. This page contains the list that we hold for each country.
The list will be kept under review, and additions or deletions made as appropriate.
We will include an institution on the list if we consider, on the basis of experience, that it does not verify financial statements to our satisfaction in more than 50 per cent of a sample of cases.
Further or alternatively, we may include institutions on the list if they do not participate in specified schemes or arrangements in the country of origin, where we trust the verification checks provided by banks that do participate in those schemes.
The following criteria provide an example of the minimum standard for banks in order for us to satisfactorily verify documentation:
- international banks; or
- national banks with a UK private banking presence; or
- regulated national/state banks that provide a core banking service.
We may award points to banks that do not meet these criteria, where they have a history of providing satisfactory verification checks.
The addition or removal of each bank to or from the list will be considered on its own facts.
An unsatisfactory verification check means that the institution does not respond to or provide a reliable response to our request for information, or we are unable to contact the institution. When a bank frequently provides unsatisfactory responses to verification requests, it is proportionate to include it on a list from which we will not accept documents, rather than verifying applications individually.
A Tier 4 applicant will score no points for maintenance if their supporting documents show that their funds are held in a financial institution on the list.
Our entry clearance officers will continue to verify financial information from other institutions on a case-by-case basis. We may refuse Tier 4 applications on the basis of these individual checks.
To assist applicants, we have also provided lists of financial institutions in each country from which we will accept financial statements.
Last Updated: 24 October 2011
Index
- India
- Financial institutions in India that do not satisfactorily verify financial statements (637KB opens in a new window)
- Financial institutions in India whose financial statements are accepted (91KB opens in a new window)
- Pakistan
- Financial institutions in Pakistan that do not satisfactorily verify financial statements (42KB opens in a new window)
- Financial institutions in Pakistan whose financial statements are accepted (56KB opens in a new window)
- Philippines
- Financial institutions in the Philippines that do not satisfactorily verify financial statements (564KB opens in a new window)
- Financial institutions in the Philippines whose financial statements are accepted (55KB opens in a new window)
Earlier this month a pilot scheme to help UK banks and credit providers identify fraudulent applications by immigration offenders was launched by the Audit Commission.
The Commission and the UK Border Agency will share ‘real time’ information with financial institutions. Each year the UK Border Agency processes around 3.5 million applications to visit, live, work or study in the UK.
The aim is to prevent those with no right to stay or work in the UK from accessing financial services. In return, financial institutions will provide the Agency with information on where illegal working and employment is taking place, supporting the Agency’s work in tackling immigration crime.
Revised Tier 4 General application form (07/11) now asks for a lot more detailed information covering criminal and civil offences, good character, benefit claims and includes the following statements:
‘I understand that if the UK Border Agency has reasonable cause to believe that any document or documents I have submitted with this application are forged, fraudulent or not genuine, and the UK Border Agency has sought to verify the documents using processes specified by it but has not been able to verify them, no points will be awarded for these documents even if the UK Border Agency cannot prove that they are not genuine.
‘I understand that my details may in certain circumstances be passed to fraud prevention agencies to prevent fraud and money laundering. I also understand that such agencies may provide the UK Border Agency with information about me.
‘The UK Border Agency may request information from other law enforcement agencies, Government departments or Agencies, local authorities, the Police, foreign governments and other bodies for immigration or research purposes to enable them to perform their functions.’
Section E.1 of the form asks:
‘Has the student had any criminal convictions in the United Kingdom or any other country (including traffic offences) or any civil judgments made against them (i)?’
In signing the declaration the student agrees to the following:
‘I am aware that it is an offence under the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999 and the Nationality, Immigration and Asylum Act 2002, to make, to a person acting in execution of any of these Acts, a statement or representation which I know to be false or do not believe to be true, or to obtain or seek to obtain leave to remain in the United Kingdom by means which include deception.
‘I understand that information I provide to the UK Border Agency will be treated in confidence but it may be disclosed to other law enforcement agencies, government departments, agencies, local authorities, foreign governments and other bodies for immigration or research purposes, for purposes as stated in The Biometric Registration Regulations, or to enable them to perform their functions.’
The student agrees to post issue enquiries and information discovered being used in court. There is also a short line which warns that ‘providing information or documentation that is not correct will normally result in my application being refused and may lead to my prosecution for a criminal offence’.
It should also be remembered that work permits, visas and even ‘indefinite’ leave to remain (ILR) can be cancelled by the Home Office for various offences. The Home Office has or the Home Secretary has the power to revoke British Citizenship under the 2006 Immigration, Asylum and Nationality Act.
Most in-country refusals carry the right of a full appeal before an immigration judge at a tribunal, unlike out of country student visa refusals which are reconsidered under an administrative review.
The student visa crackdown has no effect on Bulgarian and Romanian students who want to work full time in the UK by taking NVQ vocational courses.
Bulgarian and Romanian citizens do not enjoy full free movement rights to work in the UK, but can obtain Yellow Card permits to work full time as part of a vocational study programme such as NVQ or QCF courses in Health and Social Care.
If you need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit http://www.immigrationmatters.co.uk/
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