12/09/11
MAC report: Revised shortage occupation list to cover a smaller proportion of labour market

The Migration Advisory Committee (MAC) recommends the list be reduced to cover 190,000 employees (not migrants) or well under 1 per cent of the UK workforce. In 2008, before the MAC recommended changes to it, that list covered over 1 million employees.

The occupations in the list are the only positions open to migrants from outside the European Economic Area under the shortage occupation route of Tier 2 of the of Points Based System and Tier 2 is subject to an annual limit of 20,700.

The latest MAC recommended list provides a more detailed breakdown of the sectors of the labour market affected by shortage. This has enabled the MAC to identify individual job titles rather than broader occupations.

Professor David Metcalf CBE, Chairman, MAC, said:
'Although the proportion of the labour market covered by our new recommended list is lower than before, our recommendation will have only a limited impact on migration volumes because overall migration through Tier 2 is limited. However, the list is more selective than before: it is targeted specifically on those job titles where there is currently a clear evidence of shortage.
'We think it is vital that the government, employers and the training sector take concerted action to raise the skill levels of the UK workforce, especially in long-standing shortage occupation areas. This will reduce the UK's reliance on migrant workers in the long term and provide real benefits for the economy as a whole.'

A total of 29 job titles are recommended for removal from the list. They include: secondary school biology teachers; consultants in obstetrics and gynaecology; paediatric surgery; nuclear medicine and paediatric dentistry; veterinary surgeons; and tutti orchestral musicians.

The 33 recommended additions to the list include: consultants in emergency medicine; actuaries; specific roles within the visual effects and 2D/3D computer animation for film; television and the video games sectors; high integrity pipe welders; environmental scientists; and operations managers in the decommissioning areas of the nuclear industry and geochemists. These will help to ensure the UK remains a leading global player in these fields.

The government will now consider the MAC's recommendations and respond in due course.

05/09/11
Settlement consultation closes this week

The UK Border Agency’s public consultation on reforms to work routes (including routes that lead to settlement, Tier 5 and overseas domestic workers) closes on Friday 9 September. The consultation sets out the government's proposals for breaking the link between temporary and permanent migration. Under the proposals, migrants coming to the UK to work on temporary visas will no longer be able to apply for settlement.

The key proposals include:

• re-branding Tier 2 (the skilled worker route) as temporary, ending the assumption that settlement will be available for those who enter on this route;
• allowing certain categories of Tier 2 migrant, such as those earning over £150,000 or occupations of a specific economic or social value to the UK, to retain an automatic route to settlement;
• creating a new category into which, after 3 years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement;
• allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of 5 years, with the expectation that they and any dependants will leave at the end of that time;
• introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement;
• restricting the maximum period of leave for Tier 5 temporary workers to 12 months; and
• closing or reforming routes for overseas domestic workers.

09/08/11
Tier 1 (Exceptional talent) is now open

The Tier 1 (Exceptional talent) category of the UK's points-based system is now open for applications.

The new category is for people who are internationally recognised as world-leading or potential world-leading talent in the fields of science and the arts.

Applications under Tier 1 (Exceptional talent) must be made from abroad. You cannot apply if you are already in the UK.

To find out whether and how you can apply for a Tier 1 (Exceptional talent) visa, see the Tier 1 (Exceptional talent) section on the UKBA website.

20/07/11
UK opens its doors to exceptionally talented migrants

The government has today announced the way that it will encourage exceptionally talented leaders in the fields of science, humanities, engineering and the arts to come to the UK.

The new Tier 1 (Exceptional talent) category will open on 9 August 2011. This new category will facilitate not only those who have already been recognised but also those with the potential to be recognised as leaders in their respective fields. There is a limit of 1,000 places in the first year of operation. There will be 500 places available between the 9 August and 30 November and a further 500 places available from the 1 December to 31 March 2012. The number of places will be reviewed at the end of March 2012.

• Tier 1 (Exceptional talent) will be overseen by world-renowned 'competent bodies', which will advise the UK Border Agency on these 'exceptionally talented' migrants to ensure that they are the brightest and best in their field:
• the Royal Society, a fellowship of the world's most eminent scientists, will be able to nominate up to 300 places;
• Arts Council England, the national development agency for the arts, will also be able to nominate up to 300 places;
• the Royal Academy of Engineering, Britain’s national academy for engineering, will have up to 200 places to nominate; and
• the British Academy, the national academy for the humanities and social sciences will be able to nominate up to 200 places.

18/07/11
Tier 1 changes announced

The UK Border Agency has published new versions of the application form and policy guidance for Tier 1 (Post-study work) of the points-based system, for applications made on or after 18 July 2011.

If you are a trainee doctor on a Foundation Programme with permission to stay in the UK under Tier 4, you can now switch into Tier 1 (Post-study work) up to 1 month before the date when your programme ends.

Also, a statement of changes to the Immigration Rules has been laid in Parliament. This statement sets out more details of how the Tier 1 (Exceptional talent) category will operate. The UK Border Agency has updated the Tier 1 (Exceptional talent) section with revised policy guidance, the criteria to be applied by their designated competent bodies, and the code of practice for the designated competent bodies.

13/07/11
Government launches consultation on family migration

The government has today announced proposals to crack down on sham and forced marriages, as part of a new consultation on better family migration.

The consultation also seeks to ensure that family migrants can integrate into society, and opens up debate on Article 8 of the European Convention on Human Rights and the circumstances where the public interest in removing someone from the UK should outweigh the right to respect for family life. Immigration minister Damian Green said:
'This consultation is about better family migration - better for migrants, communities, and the UK as a whole.

'We welcome those who want to make a life here with their family, but too often in the past the family route has been abused as a means to bypass our immigration laws.

'That includes too many times when we have seen Article 8 used to place the rights of criminals and illegal migrants above the rights of the British public. That balance must be redressed where there is a clear public interest in removing someone from the UK.

'Our message is clear - we will not tolerate abuses. And if you cannot support your foreign spouse or partner, you cannot expect the taxpayer to do it for you.'

The consultation focuses on stopping abuse, promoting integration and reducing burdens on the taxpayer. Its key proposals include:

• defining more clearly what constitutes a genuine and continuing marriage, to help identify sham and forced marriages;
• introducing a new minimum income threshold for sponsors of partners and dependants, to ensure that family migrants are adequately supported as a basis for integration - the independent Migration Advisory Committee has been asked to advise on what the threshold should be;
• extending the probationary period before partners can apply for settlement in the UK from 2 years to 5 years, to test that relationships are genuine and to encourage integration into British life;
• requiring partners and adult dependants aged under 65 to demonstrate that they can understand everyday English (B1 level on the Common European Framework for Languages) when they apply for settlement;
• exploring the case for making 'sham' a lawful impediment to marriage in England and Wales, and for giving the authorities the power to delay a marriage where sham is suspected;
• working closely with local authorities to ensure that vulnerable people are not forced into marriage; and
• reviewing the full right of appeal for family visitor visas, and inviting views on whether there are circumstances (beyond race discrimination and human rights grounds) in which an appeal right should be retained.

08/07/11
Changes to the new list of English language test and providers

On 6 April the UK Border Agency published a new list of approved English language test providers for visa applications made under Tiers 1, 2, and 4 of the points-based system and for spouse or partner applications. On 08 July 2011 the UKBA has made some changes to this list.

The updated list includes:

• new acceptable test certificates for business language testing service (BULATS);
• clarification that we accept the test of English as a foreign language (TOEFL) ibt test (internet based test); and
• new test scores for tests conducted by Pearson.

04/07/11
Changes to student visa rules are now in force

Significant changes to the Tier 4 student route of the points-based system have come into effect today.

The Home Office have revised the Immigration Rules relating to Tier 4 in order to:

• restrict work entitlements, by only allowing students sponsored by higher education institutions (HEIs) and publicly funded further education colleges to work part-time during term time and full-time during vacations;
• restrict sponsorship of dependants to those of students sponsored by HEIs on postgraduate courses lasting 12 months or longer, and of government-sponsored students on courses lasting longer than 6 months;
• require institutions to confirm that courses represent genuine academic progression from any previous courses studied by the student in the UK; and
• create a streamlined application process for low-risk nationals sponsored by Highly Trusted sponsors.

28/06/11
Student review - clarification for Tier 4 sponsors

In response to queries from sponsors, the UK Border Agency has produced a document clarifying aspects of the current review of the student immigration system. The document answers some frequently asked questions raised by sponsors in the following areas:

• educational oversight and accreditation;
• Highly Trusted Sponsor status;
• the interim limit;
• contact details for enquiries about the sponsorship management system;
• post-study work;
• immigration officers' discretion to refuse;
• dependants;
• maintenance and low-risk countries;
• academic progression;

21/06/11
Extension of stay for skilled workers formerly in closed work routes

The UK Border Agency is setting up new arrangements for skilled workers who came here under work routes that have now closed, so that they can extend their stay in the UK to a total of 5 years.

When they introduced Tier 2 of the points-based system in 2008, they made transitional arrangements so that migrants in closed work categories could apply to extend their stay under Tier 2. We intended that their permission to stay (known as 'leave to remain') under Tier 2 would take their total stay in a work category to 5 years, but the UKBA is aware that some migrants may have been granted an incorrect extension owing to technical restrictions.

UKBA will soon introduce arrangements for these migrants to get additional leave to remain, taking their total stay to 5 years. This additional leave will be granted free of charge.

Can you apply?

To qualify for the additional leave, you must have previously been given permission to stay for less than 2 years as:

• a Business and Commercial work permit holder (which includes ICT work permits);
• a Sports and Entertainment work permit holder;
• a Jewish agency employee;
• a member of the operational ground staff of an overseas-owned airline; or
• a minister of religion, missionary or member of a religious order.

• you applied for, and were granted, leave to remain under Tier 2 through the transitional arrangements in place for migrants in these categories;
• you are still working for the employer who assigned your certificate of sponsorship, and being paid the appropriate salary for your job;
• you intend to continue working for the same employer;
• you currently have valid leave to remain in a Tier 2 category (General, Intra company transfer, Minister of religion or Sportsperson);
• you were granted the maximum period of 3 years' leave to remain under Tier 2; and
• you can prove that you still meet the conditions of your existing leave.

• enrol your fingerprints and facial image (known as 'biometric information'); and
• provide evidence that you are working for the same employer.

13/06/11
Next set of changes to student visa rules is announced

The next set of changes to the Immigration Rules affecting Tier 4 - the student tier - of the points-based system has been laid in Parliament today. The changes will come into effect on 4 July 2011. The Home Secretary announced changes to the Immigration Rules in a statement to Parliament on 22 March, following a major public consultation on reforming Tier 4. The first set of changes came into effect on 21 April. The aim of the revised Immigration Rules is to deliver a strong migration system which tackles immigration abuse, while allowing genuine students to study at genuine colleges. From 4 July the Home Office will:

• restrict work entitlements to migrants studying at higher educational institutions (HEIs) and publicly funded further education colleges only;
• restrict the sponsorship of dependants to those studying at postgraduate level at HEIs on courses lasting at least 12 months, and government-sponsored students on courses lasting at least 6 months;
• require education providers to vouch that a new course represents genuine academic progression;
• ensure that maintenance funds are genuinely available to the applicant, by introducing a declaration on the visa application form;
• commit to publish a list of financial institutions that we consider, on the basis of experience, do not verify financial statements to our satisfaction in more than 50 per cent of a sample of cases;
• introduce a streamlined application process for low-risk nationals applying to attend courses with Highly Trusted Sponsors;
• extend the list of courses for which students must receive ATAS clearance;
• restrict the ability to deliver accountancy courses accredited by the Association of Chartered Certified Accountants (ACCA) to those sponsors accorded platinum or gold status by ACCA; and
• clarify the position of overseas universities with campuses in the UK.

• a new provision for other family members of refugees and beneficiaries of humanitarian protection;
• a minor correction to the Tier 2 (Intra-Company Transfer) provisions and clarify a requirement of the Tier 1 (Exceptional Talent) and Tier 1 (Investor) Rules; and
• a small number of minor corrections and technical changes to the Rules relating to English language requirements for partners and spouses.

09/06/11
Government sets out proposals for breaking the link between temporary and permanent migration

Migrants coming to the UK to work on temporary visas will no longer be able to apply for settlement, under proposals announced by the government today. The government is implementing reforms to the immigration system which will reduce the level of immigration to sustainable levels. Today's announcement is the next step in this process.

Launching a public consultation on reforms to the work routes leading to settlement, Immigration Minister Damian Green set out plans to re-classify visas as either 'temporary' or 'permanent' and introduce stricter criteria for those who want to stay.

Immigration Minister Damian Green said:
'The proposals I am making today are aimed at breaking the link between temporary and permanent migration.

'Settlement has become almost automatic for those who choose to stay. This needs to change. The immigration system has got to be made to work properly.

'We want the brightest and best workers to come to the UK, make a strong contribution to our economy while they are here, and then return home.' Under the current system, many workers are allowed to apply to stay here permanently. In 2010, 84,000 people who entered the UK for employment were granted settlement. This compares to less than 10,000 who qualified for employment related settlement in 1997.

The government has already implemented new settlement requirements for skilled workers entering under Tiers 1 and 2 of the points-based system, which require applicants to demonstrate English-language proficiency, continue to meet the salary requirements and to pass a new criminality test.

Key proposals under consideration in the 12 week consultation are as follows:

• re-branding Tier 2 (the skilled worker route) as temporary, ending the assumption that settlement will be available for those who enter on this route;
• allowing certain categories of Tier 2 migrant, for example those earning over £150,000 or occupations of a specific economic or social value to the UK, to retain an automatic route to settlement;
• creating a new category into which, after three years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement;
• allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of five years with the expectation that they and any dependants will leave at the end of that time;
• introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement;
• restricting the maximum period of leave for Tier 5 Temporary Workers to 12 months; and
• closing or reforming routes for overseas domestic workers.

03/06/11
Clarification of English language requirement for Tier 4 sponsors and students

Following the recent announcement of changes to the English language requirements for students under Tier 4 of the points-based system, the UK Border Agency has produced a document clarifying the requirements for students and sponsors.

You can download the document, which provides answers to some frequently asked questions, from the UKBA website via the following link::

19/05/11
Unnecessary immigration appeals to end

An end to late evidence in points-based system appeals will help stop misuse of the system, Immigration Minister Damian Green said today.

From Monday 23 May, tribunals will not consider evidence submitted after an application has been made, in appeals relating to applications made in the UK under the points-based system.

UK Border Agency statistics show that around two-thirds of appeals allowed by immigration judges are due to late evidence being submitted.

The rules change is designed to end unnecessary appeals and help make sure that applications are right first time. It will apply to all applications made within the UK through the points-based system.

Damian Green said:

'For too long, the taxpayer has had to shoulder the burden of a system which allowed individuals to drag out their appeal by submitting new evidence at the last minute.
'The changes I am making today will put an end to this practice for good.The minister added that this is one of a raft of improvements that will make the system 'more robust, efficient and cost effective'.

The government has already introduced an annual limit on economic migrants from outside the EU, as well as making major reforms to the student visa system. These measures are aimed at attracting the brightest and the best, while reducing net migration and tackling abuse of the system.

The Minister announced the commencement of the rules change in a written ministerial statement, which you can download from the following link:

17/05/11
Radical reform is under way, says Immigration Minister

Immigration Minister Damian Green has today responded to a House of Commons report, saying that it highlights exactly why the government is making radical changes to the immigration system.

The Public Accounts Committee report into the government's points-based system looked at how the UK Border Agency keeps track of migrants, and whether the different visa routes into the UK work sufficiently.

It also examined the intra-company transfer (ICT) visa route under Tier 2 of the points-based system, which allows multinational businesses to fill temporary skills gaps by bringing their existing foreign staff to the UK.

Since the committee's investigation last year, the new government has overhauled the system, with tough enforcement against rule-breakers and a shake-up of the work and student routes into the country.

Damian Green said:

'This report demonstrates why the immigration system needs radical reform.

'This government has already introduced an annual limit on economic migrants, including a significant tightening of the ICT rules, and sweeping changes to the student visa system. Later this year we will propose a shake-up of the family and settlement route.

'I want enforcement and compliance to be the cornerstone of our immigration system, and we are making it more difficult for people to live in the UK illegally by taking action against employers that flout our rules.

'Any employers found to be abusing our immigration system risk losing their license to sponsor any migrant workers.'

If you suspect that illegal workers are being employed at a business, call Crimestoppers on 0800 555 111. Anonymity can be assured.

21/04/11
New rules for student visas come into force

Changes have come into effect on 21 April 2011 affecting Tier 4 - the student tier - of the points-based system.

The changes to the Immigration Rules were announced by the Home Secretary in a statement to Parliament on 22 March. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/march/54-student-visas. They follow a major public consultation on reforming Tier 4.

The aim of the revised Rules is to deliver a strong migration system which tackles immigration abuse, while allowing genuine students to study at genuine colleges.

Details of the changes were outlined in a news story on 22 March . You can also find a summary of the new student policy under 'Related documents' on the following link:

07/04/11
Abolition of the Certificate of Approval scheme

On 4 April 2011 Parliament approved the Remedial Order that will abolish the certificate of approval scheme. This means that the scheme will end on 9 May 2011.

At present, any migrant who is already in the UK and is subject to immigration control must apply for a certificate of approval before they can get married or register a civil partnership in this country (unless they are getting married within the Anglican Church).

The government is now seeking to remedy the declaration by the UK courts that the scheme is incompatible with Article 14 of the European Convention on Human Rights (read with Article 12). Additionally, changes made following rulings from the courts have weakened the scheme, and it is no longer an effective method of preventing sham marriage.

Entering into a sham marriage does not entitle migrants to any right to remain in the UK. The UK Border Agency will continue to investigate suspected abuse and, where possible, disrupt marriages before they take place. If we uncover marriages that are not genuine, we will challenge them and prosecute where possible.

06/04/11
First annual limit on non-EU workers comes into force to reduce immigration into the UK

The first major change to reduce immigration into the UK was delivered on 06 April 2011, as the government's new annual limit comes into force.

This, along with radical changes recently introduced to the student route and plans to tackle permanent settlement, will see net migration fall back down to the tens of thousands.

Under the annual limit, employers will be able to bring only 20,700 people from outside the EU to work in skilled professions under Tier 2 (General) of the points-based system. A further 1,000 visas will be made available to people of 'exceptional talent', to ensure that Britain remains open to the brightest and the best.

The 1,000 exceptional talent visas will be given to those who experts believe will make the biggest contribution to science and the arts in the UK.

To ensure that only those with the skills we need can come to the UK to work, prospective workers will need to have a graduate-level job offer, speak an intermediate level of English and meet specific salary and employment requirements. Those earning a salary of £150,000 or more will not be subject to the limit.

Immigration Minister Damian Green said:

'The annual limit will not only help reduce immigration down to sustainable levels but will protect those businesses and institutions that are vital to our economy.

'The new system was designed in consultation with business. We have made clear that as the recovery continues, we need employers to look first to people who are out of work and who are already in this country.

'We are overhauling all routes of entry to tackle abuses, make the system more effective and bring net migration back down to the tens of thousands.'

The Intra Company Transfer route (ICT), which is not part of the annual limit, will also be changed in 3 ways:

• the job will have to be in an occupation on the graduate occupation list;
• only those paid £40,000 or more will be able to stay for more than a year - they will be given permission to stay for 3 years, with the possibility of extending for a further 2 years; and
• those paid between £24,000 and £40,000 will be allowed to come to the UK for no longer than 12 months, at which point they must leave the UK and will not be able to re-apply for 12 months.

• a clearer criminality requirement for all applicants;
• a new income requirement, and reform of the English language requirement, for those on work routes.

31/03/11
Details of changes to student visas

A statement of changes to the Immigration Rules has today been laid before Parliament, setting out how the student visa system will be reformed from next month. The reforms, which affect Tier 4 of the points-based system, were announced at the end of March 2011.

To accompany the statement of changes in the Immigration Rules bringing the first set of changes into force from 21 April 2011, the Home Office have published:

• a statement of intent containing full details of the reforms;
• revised policy guidance for Tier 4 migrants from 21 April 2011; and
• revised guidance for Tier 4 sponsors from 21 April 2011

16/03/11
Government 'rolls out the red carpet' for entrepreneurs and investors

Foreign entrepreneurs and investors are being given an extra incentive to come to the UK by new visa rules, which will reward those who contribute to economic growth.

Under changes to the Immigration Rules, which were laid in Parliament on 16 March 2011, people who come to the UK under Tier 1 (Investor) of the points-based system will be able to settle here faster if they invest large sums of money. Those who invest £5 million will be allowed to settle here after 3 years, and those investing £10 million or more will be allowed to settle after 2 years. This compares with the current minimum 5-year requirement.

The right to accelerated settlement will apply to those investors who are already in the UK and have invested large sums, as well as new arrivals.

Tier 1 (Entrepreneur) migrants will also be able to settle in the UK more quickly if they create 10 jobs or turn over £5 million in a 3-year period.

Immigration Minister Damian Green said:

'Today I have sent out a clear message - the UK remains open for business and we want those who have the most to offer to come and settle here.

'Entrepreneurs and investors can play a major part in our economic recovery, and I want to do everything I can to ensure that Britain remains an attractive destination for them.

'Last year we issued far too few visas to those who wish to set up a business or invest in the UK - I intend to change that.'

The standard investment threshold for an entrepreneur to qualify for a Tier 1 visa will remain at £200,000, but the government will allow high-potential businesses to come to the UK with £50,000 in funding from a reputable organisation. And entrepreneurs will be allowed to enter the UK with their business partners as long as they have access to joint funds.

Major investors will also enjoy more flexibility: they will be allowed to spend up to 180 days per year, rather than 90, outside the UK without affecting their right to settle here. This addresses a major concern cited by investors, as they need to be constantly mobile.

Additionally, a new type of visitor visa will be created for prospective entrepreneurs. They will be allowed to enter the UK so that they can secure funding and make arrangements for starting their business before they transfer to a full Tier 1 (Entrepreneur) visa while they are here.

The government has also published a statement of intent outlining how the new Tier 1 (Exceptional talent) route will operate from April 2011.

This innovative new route for exceptionally talented migrants will be limited to 1,000 visas per year. It is for those who have already been recognised or have the potential to be recognised as leaders in the fields of science, arts and humanities.

Migrants seeking entry under Tier 1 (Exceptional talent) will not need to be sponsored by an employer but will need to be endorsed by an accredited competent body. These competent bodies will be announced in the near future. It will be for each competent body to select those who will qualify for endorsement.

Under Tier 1 (Exceptional talent), migrants will initially be granted permission to stay in the UK for 3 years and 4 months. They will then be able to extend their stay for a further 2 years, and to settle here after 5 years' residence in the UK.

Damian Green added:

'Our new exceptional talent route will ensure that we continue to allow the brightest and the best who can make a valued contribution into the UK. 'This comes at a time of major reform to the immigration system to bring net migration back down to the tens of thousands.'

10/03/11
Closure of the Worker Registration Scheme

Immigration Minister Damian Green has announced that the Worker Registration Scheme will close on 30 April 2011. The Worker Registration Scheme is a transitional scheme, which was introduced in 2004 when the following countries (known as the 'A8' countries) joined the European Union:

• Czech Republic
• Estonia
• Hungary
• Latvia
• Lithuania
• Poland
• Slovakia
• Slovenia

21/12/10
Tier 1 (General) to close overseas and new interim limit set for Tier 2 (General)

The UK Border Agency has announced that it will stop accepting Tier 1 (General) applications made overseas from 00:01 on 23 December 2010. This is to ensure that we do not exceed the limit set by the government for issued Tier 1 (General) applications between 19 July 2010 and April 2011.

Tier 1 (General) overseas will not reopen for applications. Tier 1 (General) in the UK will remain open until 5 April 2011. There will be transitional arrangements beyond 6 April 2011 for some applicants who are already in the UK, and we will announce details of these in due course. Following a court judgement on Friday, the government has also set a limit until 5 April 2011 on the number of certificates of sponsorship that are available to licensed Tier 2 sponsors under Tier 2 (General). The level of the limit will be 10,832, and the changes will take place immediately.

Immigration Minister Damian Green said: 'This ruling is about process, not policy - the policy of having a limit has not been found to be unlawful. The court's ruling rests on a technicality, which we have set right today to ensure that from now on the interim limit is back up and running. 'This judgment does not affect the annual cap in any way. The interim limit was a temporary measure introduced specifically to tackle a rush of applications ahead of the introduction of the annual limit.

'As a result of the volume of applications received since the interim limit was introduced last July, no more Tier 1 visa applications from overseas will be accepted after 22 December. 'The government remains firmly committed to reducing net migration to the tens of thousands.' The changes are set out in a new Statement of changes to the Immigration Rules http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/statementsofchanges (HC 698). You can find Damian Green's written ministerial statement setting out the changes under 'Related documents' on the right side of this page.

05/11/10
Government announcement on settlement reforms

The Home Secretary has outlined the government's approach to reform of the settlement rules, including a decision not to pursue the 'earned citizenship' policy. Earned citizenship concerned the path to settlement and British citizenship, and was planned to come into force in July 2011. It will now not be introduced.

Outlining the government's approach to settlement reforms, the Home Secretary said: 'It is too easy, at the moment, to move from temporary residence to permanent settlement. 'We will not implement Labour's policy of earned citizenship, which was too complicated, bureaucratic and, in the end, ineffective. 'If people enter this country saying that they will only stay here temporarily, then it is obvious that they should only stay here temporarily. 'Working in Britain for a short period should not give someone the right to settle in Britain. Studying a course in Britain should not give someone the right to settle in Britain.'

We will make further announcements in due course. In the interim, the current rules and requirements for obtaining settlement and citizenship will remain in place.

06/09/10
Government plans reviews of immigration system

Immigration Minister Damian Green will confirm this evening that the government is to look at all immigration routes into the UK and set new rules. In a speech to the Royal Commonwealth Society, the minister will say that, on its own, an annual limit on workers from outside the European Union is not enough to reduce net migration levels to tens of thousands per year. He will explain that the current points-based system for immigration is not yet properly controlling the numbers of people coming into the UK, and that an effective system needs to be found.

Forthcoming reviews will therefore:

1. look at who is qualifying, in both the work and study categories, to ensure that the brightest and best are being attracted to the UK;


2. study why those who come here on immigration routes that do not lead to settlement find it easy to change routes and settle here permanently; and


3. ensure a steady downward trend on every route to long-term immigration.

The minister will also discuss a new research report published today by the Home Office. 'The migrant journey' is based on analysis of all the people who came to the UK in 2004 (except those making short-term visits). The largest group of visas were found to be for students - and, of the 186,000 students granted visas in 2004, more than 20 per cent were still in the UK 5 years later.

The number of foreign students in the UK is rising: in the year to June 2010, more than 320,000 visas were issued to students and their dependants visiting for more than 6 months. The minister believes these levels are unsustainable, and will say that this will be looked at as a priority.

Alongside this, the government will also look at work routes that lead to citizenship. In 2004, more than 105,000 migrants were granted visas in one of these work routes - and the report shows that 40 per cent of them group were still in the UK in 2009.

09/06/10
Migrants marrying UK citizens must now learn English

Compulsory English language tests will be introduced for non-European migrants applying to come to the UK to join or marry their settled partner, the UK government announced today. From autumn 2010, they will need to demonstrate a basic command of English which allows them to cope with everyday life before they are granted a visa. The new rules will apply to anyone applying as the husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or prospective civil partner of a UK citizen or a person settled in this country. They will be compulsory for people applying from within the UK as well as visa applicants from overseas.

Home Secretary Theresa May said: 'I believe being able to speak English should be a prerequisite for anyone who wants to settle here. The new English requirement for spouses will help promote integration, remove cultural barriers and protect public services. 'It is a privilege to come to the UK, and that is why I am committed to raising the bar for migrants and ensuring that those who benefit from being in Britain contribute to our society. 'This is only the first step. We are currently reviewing English language requirements across the visa system with a view to tightening the rules further in the future.
'Today's announcement is one of a wide range of measures the new government is taking to ensure that immigration is properly controlled for the benefit of the UK, alongside a limit on work visas and an effective system for regulating the students who come here.'

Anyone wishing to come to the UK as a partner will need to demonstrate basic English at A1 level, the same level required for skilled workers admitted under Tier 2 of the points-based system. A partner coming to the UK from outside Europe will need to provide evidence with their visa application that they have passed an English language test with one of our approved test providers. Under the current rules, people applying for visas as partners must already meet a range of criteria before being allowed to enter the UK.

All applicants must show that their marriage or partnership is genuine, and that they can support themselves financially. Whether they have married in the UK or overseas (or not at all), the non-UK partner must apply for a two-year settlement visa to come and live in the UK as a husband, wife, civil partner, unmarried partner or same-sex partner. At the end of the two years, they can apply to us for permission to settle in the UK (known as 'indefinite leave to remain'). Partners who apply for settlement after completing their two-year period of temporary residence will still need to meet the 'knowledge of language and life in the UK' test. This is in addition to the new basic English language requirement, which forms part of their initial application.

27/05/10
Identity cards and national identity register to be scrapped

The government plans for identity cards for British citizens to be scrapped within 100 days it was announced on 27 May 2010. The National Identity Register, the database which contains the biographic and biometric fingerprint data of card holders, would also be destroyed by the first piece of legislation introduced to Parliament by the coalition government.

Home Secretary Theresa May said: 'This bill is a first step of many that this government is taking to reduce the control of the state over decent, law-abiding people and hand power back to them. 'With swift Parliamentary approval, we aim to consign identity cards and the intrusive ID card scheme to history within 100 days.'

Deputy Prime Minister Nick Clegg said: 'The wasteful, bureaucratic and intrusive ID card scheme represents everything that has been wrong with government in recent years. 'By taking swift action to scrap it, we are making it clear that this government won't sacrifice people's liberty for the sake of Ministers' pet projects. 'Cancelling the scheme and abolishing the National Identity Register is a major step in dismantling the surveillance state - but ID cards are just the tip of the iceberg. Today marks the start of a series of radical reforms to restore hard-won British freedoms.'

The Identity Documents Bill is part of a first wave of priority legislation set out in the Queen's Speech on 25 May. The Bill invalidates the identity card, meaning that holders will no longer be able to use them to prove their identity or as a travel document in Europe.

The government aims to have the Bill pass through Parliament and enacted by the Parliamentary recess in August, in a move that will save the taxpayer around £86m over the next four years once all cancellation costs are taken into account. It would also avoid around £800m of ongoing costs over the next ten years which were to be recovered through fees.

18/03/10
New Rules for Tier 1 and Tier 2 and other changes to the Immigration Rules

On 6 April the Government will make significant changes to Tier 1 and Tier 2 of the points-based system, as well as to marriage visas for members of the armed forces, asylum and English for Speakers of Other Languages. The changes were announced today by Borders and Immigration. Minister Phil Woolas quoted.

The Government has accepted changes to Tier 1 recommended by the Migration Advisory Committee (MAC), and has set out further details of how it will implement changes the MAC recommended to Tier 2.

The changes include new points tables for Tier 1 and Tier 2, a simpler route for very highly skilled workers without Master's degrees, greater flexibility for short-term transfers by multinational companies, and more protection against such transfers being used to fill long-term vacancies that should go to resident workers.


Other changes to the Immigration Rules include:

1. changes to the provisions governing English language qualifications for applicants applying for permanent residence to ensure that applicants relying on qualifications in English for Speakers of Other Languages will study at accredited colleges, and to clarify the progression which migrants are required to demonstrate before applying for permanent residence;


2. changes to prevent asylum applicants from claiming humanitarian protection where there are serious reasons for considering that they have engaged in undesirable behaviour;


3. clarifying interview procedures for unaccompanied asylum seeking children;


4. removing a requirement for an asylum seeker to be asked to sign the interview record due to other safeguards in place;


5. lowering the marriage visa age to 18 for serving members of the armed forces and their partners, recognising the role of partners in supporting those on the frontline and reflecting the unique circumstances in which the armed forces operate;


6. and adding Monaco to the Youth Mobility Scheme.

This Statement of Changes in Immigration Rules will be incorporated into a consolidated version of the Immigration Rules. The changes will come into effect on 6 April and 7 April 2010. Applications that are made before the new rules come into effect will be considered under the rules in place on the date of the application.

Please call us on +44 203 397 0231 in order to discuss the changes and establish how this will affect your application.

02/03/10
Changes to Tier 4 student visa applications from 3 March 2010

Following an earlier announcement from the UK Border Agency, the new set of measures to tighten the criteria on student Tier 4 applications have come into effect today. These are as follows:

1. The minimum level of English language course has been raised to level B2 of the Common European Framework of Reference for Languages (CEFR). Students will therefore need a higher level of English at a minimum level of B1 of the Common European Framework of Reference for Languages to come and study an English language course in the UK. Exceptions apply to Government sponsored students and specific pre-sessional English courses.


2. If you are applying to studying below degree level (excluding foundation degree students) you will only be able to work 10 hours a week (this has been reduced from 20 hours).


3. If you are studying for a course under Tier 4 for six months or less, you will no longer be able to bring your dependants.


4. Dependants of anyone studying a course lower than degree level (excluding those on foundation degree courses) will no longer be able to work (unless they qualify in their own right under Tier 1 (general) as a highly skilled migrant or as a skilled worker under Tier 2 general, sportsperson or minister of religion).

If you have submitted and paid for your application prior to 3 March 2010, you will be considered against the rules in force at the time. Further changes will be introduced from April 2010.

15/02/10
Quarterly updates to the codes of practice for sponsored skilled workers

The UK Border Agency is updating its codes of practice for sponsored skilled workers. If an employer wants to sponsor a migrant worker from outside Europe under Tier 2 or Tier 5 of the points-based system, the employer must use the codes of practice to:

1. check the skill level and appropriate pay for that job; and


2. find out where the job must be advertised in the UK before it can be offered to a migrant worker.

The quarterly updates to the codes of practice will be published on the Codes of Practice page of this website on 1 March 2010. Employers must check the latest version before they issue a certificate of sponsorship.

10/02/10
More proposed fees announced for immigration and nationality services 2010-11

The Minister of State for Borders and Immigration, Phil Woolas, has laid regulations in Parliament for the fees for immigration and nationality services that are set at levels at or below the normal administrative costs of the service.

The proposed fees are published today alongside these regulations. The proposals for the fees that are set above cost were published on 20 January 2010.

The government reviews the fees on a regular basis and makes appropriate changes as necessary. The UK Border Agency will continue with their strategic approach to charging, by setting certain fees above cost by balancing a number of complex factors (including the cost of processing applications, the importance of attracting certain groups of migrants to the UK and the value of a successful application to the migrant).

25/01/10
Changes to student applications from next month

From 22 February 2010, any migrant who applies to study in the UK under Tier 4 of the points-based system must possess a confirmation of acceptance for studies (CAS) from their prospective sponsor.

You will not be able to apply under Tier 4 using a visa letter from that date, even if the visa letter was issued before 22 February 2010. Until 21 February 2010, you can continue to apply under Tier 4 using a visa letter, even if your course of study will start after 22 February 2010.

For more information about applying to study under Tier 4 of the points-based system, please feel free to contact us.

06/01/10
IT firms and intra-company transfers - government response

The government has responded to a claim by the Association of Professional Staffing Companies that the Tier 2 (Intra company transfer) category of the points-based system is providing a loophole for Indian IT companies to bring foreign workers into the UK.

Under an intra-company transfer, an employer can fill vacancies in its UK operations by bringing across some of its existing foreign-based staff. It has been claimed that this enables jobs in the IT and other sectors to be taken by migrants who are paid less than resident workers, but this is not true - workers coming to the UK in the Tier 2 (Intra company transfer) category must be paid the going rate.

The UK Border Agency will, this spring, be amending the requirements for this category so that workers will need 12 months' experience (instead of six months as at present) with their employer before they can be transferred to the UK.

Additionally, the category will be closed as a route to permanent settlement in the UK. Border and Immigration Minister Phil Woolas said: 'Intra-company transfers are an important part of making the UK an attractive place in which to do business, and therefore keep industry and the economy moving. 'Workers that come in via this route must display the appropriate level of earnings and qualifications, and the numbers are strictly controlled by the points-based system - meaning only those the UK needs can come here.'

10/12/09
Identity cards for foreign nationals will be extended to skilled workers in January

From next month, skilled migrant workers and their dependants will receive an identity card for foreign nationals when they successfully apply to extend their stay in the UK under Tier 2 of the points-based system.

Under regulations approved by Parliament yesterday, all Tier 2 applications made inside the UK on or after 6 January 2010 will involve the enrolment of the applicant's biometric information (fingerprints and photograph).

Migrants in a number of other categories must already enrol their biometrics and obtain an identity card for foreign nationals when they apply to extend their stay in the UK.

Border and Immigration Minister Phil Woolas said:

1. There are now 11 Home Office biometric enrolment centres around the UK - foreign nationals can book appointments at these centres through our new online booking service or by telephone; and


2. Postal applicants living within certain postcodes can now choose to enrol their biometrics at a limited number of Crown post offices nationwide. This is a trial walk-in service, with no need to book an appointment, but is currently available only to applicants who have been sent an invitation to use it. Applicants using this service will need to pay an additional fee of £8.00 to Post Office Ltd. Seventeen post offices will be taking part in the trial, with the locations published on the UKBA website as they come online.

04/12/09
Migration Advisory Committee endorses immigration routes for highly skilled migrants

The independent Migration Advisory Committee has completed its review of Tier 1 of the government's points-based system.

Earlier this year, the government asked the MAC to consider whether the criteria for Tier 1 should be changed in 2010/11 to reflect changing economic circumstances. The MAC's report, published today, says that Tier 1 is generally operating well, but also recommends some changes.

Regarding the Tier 1 (General) route for highly skilled workers, the MAC's recommendations include:

1. the salary multipliers, which are used to convert previous earnings outside the UK into a UK equivalent, should be rapidly and thoroughly reviewed;


2. migrants with a bachelor's degree but no master's degree should be allowed to come to the UK under Tier 1 (General), if their previous earnings are high enough;
3. professional qualifications (in law and accountancy, for example) should be considered as equal to a master's degree;


4. the pay thresholds should be substantially increased, with no points for previous annual earnings below £24,000;


5. migrants with previous annual earnings of at least £150,000 should not need to meet the educational qualification requirements;


6. applicants should receive points for their age if they are 39 or under; and


7. successful applicants should initially be allowed to come to the UK for two years, rather than three as at present, with a three-year extension later if they are in highly skilled employment.

The MAC says the Tier 1 (Post-study work) route - for migrants who want to work in the UK after completing a course of study here - should continue, as it brings economic benefits to the UK. But it recommends that the government should consider whether all courses and all institutions should continue to be treated the same.

In response to the report, Border and Immigration Minister Phil Woolas said:

'The MAC has delivered a robust and thorough report, and the government will consider it carefully over the coming weeks.’

'The points-based system is a powerful and flexible tool which means that businesses can recruit the skilled foreign workers that the economy needs, but not at the expense of British workers, nor as a cheaper alternative to investing in the skills of the existing workforce.’

'Our own research shows that more than eight in ten people who have used Tier 1 of the points-based system were satisfied with the process.'

The government will announce whether it accepts the recommendations in early 2010. The announcement will be published on the UKBA website.

26/11/09
Immigration and asylum statistics released

Immigration statistics for July to September 2009 have been released by the Home Office today. This range of statistics covers asylum applications, total removals for those illegally in the United Kingdom and migration from eastern Europe.

Net migration is falling, showing that migrants come to the UK for short periods of time, work, contribute to the economy and then return home. Phil Woolas, Border and Immigration Minister

Figures show that applications for asylum have dropped to 5,055 for the third quarter of 2009 - a 24 per cent reduction compared to the same period in 2008.

Decisions on asylum cases have risen by 38 per cent compared to the same quarter in 2008, with the grant rate for asylum falling to 12 per cent. In December 2008 the UK Border Agency met its target of concluding 60 per cent of new asylum cases within six months.

Applications from eastern Europeans to work in the United Kingdom under the worker registration scheme have stabilised at 29,085, compared to 41,265 during the same period last year and 28,060 in the second quarter (April to June) of 2009.

The Office for National Statistics (ONS) figures published earlier today also show that net migration fell to 163,000 in 2008, from 233,000 in 2007, the lowest level since the eight accession countries joined the European Union in 2004.

The ONS figures also show that, 14 per cent of those coming to the United Kingdom in 2008 - 85,000 people - were British citizens returning to live in Britain. This was more than any other individual nationality.

Border and Immigration Minister Phil Woolas said:

'Net migration is falling, showing that migrants come to the UK for short periods of time, work, contribute to the economy and then return home.

'Our new, flexible points-based system gives us greater control over those coming to work or study from outside Europe, ensuring that only those that Britain need can come.

'Our border has never been stronger, as illustrated by the fall in asylum applications and the record numbers we are stopping at Calais.

'We are making the UK a more hostile place for illegal immigrants by issuing foreign nationals with identity cards, checking those who apply for visas against watch-lists and fining those who employ illegal workers.'

http://www.ind.homeoffice.gov.uk/sitecontent/newsarticles/2009/november/immigration-asylum-stats 


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24/11/09
Changes give British workers more opportunities to apply for jobs

From 14 December 2009, the resident labour market test for Tier 2 of the points-based system will be extended to four weeks for all jobs, the Government announced today. This will replace the current requirement to advertise jobs for two weeks, or one week for jobs where the salary is £40,000 or more.

This change was proposed by the independent Migration Advisory Committee in their Tier 2 report which was published on 19 August. The Government accepted the committee's recommendations in full on 7 September.

The Prime Minister announced on 12 November that the extended resident labour market test would be introduced this autumn, so as to better support United Kingdom workers looking for skilled jobs as we come out of the economic downturn.

This change will apply to advertising campaigns that start on or after 14 December. Employers that have already run advertisements will not need to re-advertise to meet the new requirement.

To provide flexibility to employers, the four weeks will not need to run continuously. This will mean that employers will be able to advertise skilled jobs for shorter periods initially, for example for two weeks. This ensures that where resident workers are available, they can quickly be recruited to skilled jobs.

Where there are no suitable resident workers available, the resident labour market must be tested for a further two weeks, making four weeks in total, before employers can appoint a migrant worker.

The ONS figures also show that, 14 per cent of those coming to the United Kingdom in 2008 - 85,000 people - were British citizens returning to live in Britain. This was more than any other individual nationality.

Border and Immigration Minister Phil Woolas said:

'We've always said that we would run our immigration system for the benefit of the UK and that is why the Prime Minister announced that we will extend the amount of time employers must advertise jobs in Jobcentre Plus, before they can bring in a worker from outside Europe.’

'This change will give United Kingdom workers an even better chance and more time to apply for skilled vacancies that might otherwise go to migrant workers. It will ensure that businesses can recruit the skilled foreign workers that the economy needs, but not at the expense of British workers, nor as a cheaper alternative to investing in the skills of the existing workforce.'

The other changes to Tier 2 recommended by the Migration Advisory Committee will be implemented in spring 2010.

http://www.bia.homeoffice.gov.uk/sitecontent/newsarticles/2009/november/changes-british-workers-opps 


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23/11/09
High tech border control success

Nearly one million passengers have used the latest face scanning technology at Britain's airports, the Home Secretary, Alan Johnson announced today.

He confirmed the figure while visiting the state-of-the-art facial recognition gates at Gatwick Airport's North Terminal. More than 950,000 passengers have used the secure self-service gates which scan biometric details and then check them against a range of watch lists before allowing the passengers to enter the country.

The facial recognition gates offer legitimate passengers the choice between queuing at traditional, staffed passport controls and using the self-service gates. More than 50,000 passengers have used the gates at Gatwick since their introduction in August 2009.

The gates take seconds to scan each passenger's face against the digital photo recorded in their passport. If there is a match, the e-passport gates open, to allow the traveller across the border. The gates are staffed by UK Border Agency officers who examine any passengers rejected by the gate, as well as making manual checks where appropriate.

The technology has already proved popular and successful at Birmingham, Manchester, Stansted, Cardiff and Bristol Airports.

Speaking on his visit, Home Secretary Alan Johnson said:

'Facial recognition technology speeds up the passage of legitimate travellers through immigration control, allowing UK Border Agency officers to focus on high risk travellers and goods. Our investment in the latest technology, which I have seen here today at Gatwick, means we continue to be at the forefront of border security.

'We have also introduced fingerprint visas, checking those wanting to enter the UK against immigration and crime databases, and compulsory ID cards for foreign nationals. In addition, the e-Borders system allows the UK Border Agency to count people in and out of the country and target terrorist suspects, criminals and would-be illegal immigrants before they can reach the UK.'

Facial recognition is just one of many technologies at use within Gatwick Airport to secure the border. Other technology includes Cyclamen, which detects radiation in cargo at the border and Braun Conpass, a full body scanner which enables the UK Border Agency to see if a passenger is carrying illegal weapons or drugs on their person.

Since January this year, technology used in customs checks at ports has helped in the seizure of illegal drugs worth over £157 million.

On his visit, the Home Secretary met frontline UK Border Agency staff, as well as detection dogs responsible for stopping smuggled goods such as drugs, cash and endangered species. Since January this year, UK border Agency officers working at United Kingdom ports and airports have seized in excess of 447 million smuggled cigarettes - representing a potential loss of more than £87 million in tax revenue and illegal drugs worth over £212 million.

Andy Flower, managing director for London Gatwick Airport, said:

'The introduction of the e-Passport system at London Gatwick Airport will provide a more efficient process for passengers entering the country.’

'The Home Office has enhanced the use of technology which will help speed people through immigration controls, whilst keeping our borders safe and secure.'

http://www.bia.homeoffice.gov.uk/sitecontent/newsarticles/2009/november/high-tech-border-control-success 


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12/11/09
Government-approved shortage occupation list for Tier 2 of the points-based system

The MAC published its proposals for a revised shortage occupation list on 21 October. The list sets out skilled occupations where the government considers there are shortages so that it is sensible for vacancies to be filled by migrant workers from outside the European Economic Area. Migrant workers seeking to come to work in the United Kingdom score points if they are applying to work in one of these occupations.

The MAC recommended a revised list of healthcare and engineering professionals and the continued inclusion of chefs, ballet dancers, work riders, veterinary surgeons and secondary teachers in maths and science, and sheep shearers. It also recommended the addition of special needs teachers and skilled meat boners and trimmers and the removal of ship and hovercraft officers.

The Government is accepting the MAC's recommendations for a revised list. This shortage occupation list for the United Kingdom and Scotland will apply to all certificates of sponsorship assigned on or after 14 December 2009. Applications based on certificates of sponsorship assigned before this date will be considered against the shortage occupation list in place at the time.

Sponsors must also refer to the Tier 2 codes of practice for detailed information about occupations, appropriate salary rates, and the evidence they need to keep to show that the shortage occupation criteria have been met.

Sponsors should note that the Migration Advisory Committee (MAC) intend to review all entries on this list by Autumn 2010, except for Musicians (3415), which the MAC intend to review by Spring 2010.

http://www.bia.homeoffice.gov.uk/sitecontent/newsarticles/2009/november/ga-approved-shortage-list-tier-2 


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12/11/09
Home Office sets out new rules for migrants

Every migrant who enters the United Kingdom will require 'permission' to stay under new draft proposals published in Parliament today.
Under measures in the draft Immigration Bill, the five current application categories available to migrants will be replaced by one clear concept - 'permission' to be in the United Kingdom. With this new approach, migrants will either be granted permission or refused, making the rules easier for applicants and staff. Those in the United Kingdom must gain permission or face removal for breaking the law.

These proposals are the next step in building on the rapid progress the Government has made in tightening up Britain's border controls.
Over the past three years the United Kingdom has seen the introduction of e-Borders to check individuals in and out of the country and the implementation of the points-based system which ensures that only those who benefit the economy can come here to work.

In order to bring together the essential changes that have already taken place, the government is proposing a new bill to bring forward a new legal framework to simplify and consolidate 40 years of immigration laws. This will make the system more transparent than ever before.
Border and Immigration Minister Phil Woolas said:
'This government has implemented the biggest overhaul of the immigration system for a generation, and it is important that UK laws reflect these changes.

'I believe that Parliament should be in primary control of immigration - this bill will ensure that Parliament and not case law determines policy.
'The draft Immigration Bill we have published today will enable us to work more efficiently and is the next step in bringing together the strong measures we have put in place to control our borders and making them simpler to use and enforce.'
The new, temporary, time-limited, permission will be given for a particular purpose to visit, work or study and is subject to conditions such as access to work or public funds. Permanent residents will be given permission without any time limit or conditions attached.
The draft bill also proposes a new streamlined power of expulsion replacing the current powers of deportation and removal. Individuals who are issued with an expulsion order will be required to leave the United Kingdom and will not be able to re-enter while the order is in force.
A tough new menu of conditions is proposed for those on immigration bail, including restrictions on residence, work or study; access to public funds; and reporting and electronic monitoring.

Also today, the government published proposals for a new streamlined asylum support system. The suggested shake-up includes proposals to:

1. make the principles of the asylum system clear to all who apply, rewarding those who play by the rules and getting tough with those who do not;
2. streamline the current complex system of support to make it easier to understand and easier to operate; and
3. do more to ensure the system works towards the return of those who have been found to have no protection needs and who have no right to be in the United Kingdom.

Border and Immigration Minister Phil Woolas said:
'I believe our proposals strike a fair balance between supporting asylum seekers while their claim is being determined and encouraging the return of those who have no protection needs and who have no right to be in the UK.
'We expect those who apply for asylum to abide by the rules. If their claim has been refused, we expect them to leave the country. If they do not, we will enforce their return.'

Additionally, the government published today the responses to its consultation into the oversight of the immigration advice sector. The consultation was launched in May and aimed to improve the way the sector is regulated.
To ensure that advice given to individuals seeking to remain in the United Kingdom is of a high standard, the government will retain the Office of the Immigration Services Commissioner (OISC) and will consider a range of measures to allow for greater levels of intervention such as the power to deregister businesses, the power of inspection and the ability to serve improvement and probation notices.
Finally, following the publication of the Migration Advisory Committee's (MAC) shortage occupation list on 21 October, the government today announced that it is accepting the recommended list in full.

Fewer than 500,000 people (less than two per cent of employees) work in occupations and jobs on the recommended shortage list. This has been reduced from a corresponding figure of 700,000 a year ago.

Border and Immigration Minister Phil Woolas said:
'The Migration Advisory Committee's shortage occupation list is a powerful tool in making the points based system work for Britain's economic benefit.

'The MAC can respond quickly to changing economic needs, making sure we only get the foreign workers we need.' http://www.bia.homeoffice.gov.uk/sitecontent/newsarticles/2009/november/ho-sets-out-rules-for-migrants


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12/11/09
Prime Minister gives major speech on immigration

The Prime Minister, the Rt Hon Gordon Brown MP, has set out the case for the United Kingdom's tough but fair immigration system in a speech in west London.
In his first major speech on migration since February 2008, the Prime Minister focused on the importance of getting British workers rather than migrant workers to fill skills gaps where possible.

He also announced a review of student visas, to clamp down on people applying to study in the United Kingdom with the intention of working illegally when they get here.

During his speech the Prime Minister emphasised that migrants must accept the responsibilities that come with living in the United Kingdom - obeying the law, speaking English, and making a contribution. He also talked about new measures to build on the success of the points-based system.

These new measures include the tightening of immigration rules to cut numbers of migrant workers. The Prime Minister said this year 30,000 occupations had been removed from a list of in-demand skills which the United Kingdom needs. He said thousands more posts from the list of those eligible for entry under the points-based system would be removed in the coming months.
Delisting these occupations, on the advice of the Migration Advisory Committee (MAC), will make it much more difficult for workers from outside Europe to take up such posts in the United Kingdom under the points-based system.

Mr Brown said:
'Immigration is not an issue for fringe parties nor a taboo subject - it is a question at the heart of our politics, a question about what it means to be British; about the values we hold dear and the responsibilities we expect of those coming into our country; about how we secure the skills we need to compete in the global economy; about how we preserve and strengthen our communities.'
http://www.bia.homeoffice.gov.uk/sitecontent/newsarticles/2009/november/pm-speech


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03/11/09
Deadline approaches for consultation on application charges

The UK Border Agency's public consultation on the fees we charge for immigration and visa applications will close on 1 December, so you have one month to send them your response. They would very much appreciate receiving early responses.
They want to get people's views on the fees they should charge for earned citizenship, which will be introduced in 2011. They also want to consult on other new chargeable services that could be introduced in future to respond to customer demand and improve customer choice - for example, optional premium services at a higher fee.
The consultation is open for 12 weeks, until 1 December 2009. To take part, visit the Charging consultation page on http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/consultations/221878/charging09/
http://www.bia.homeoffice.gov.uk/sitecontent/newsarticles/2009/november/06-deadline-charging

 
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02/11/09
More than 100,000 identity cards issued to foreign nationals

The UK Border Agency has now issued more than 100,000 identity cards for foreign nationals, mostly to those extending as students or spouses - and regulations laid this week will, if approved, accelerate the roll-out of the scheme.
From 6 January 2010, if the regulations laid in parliament this week are adopted, migrants from outside the European Economic Area will be issued with identity cards for foreign nationals when they extend their permission to stay for more than six months under Tier 2 of the points-based system. This means that they will need to enrol their biometrics (fingerprints and photograph) as part of their application to extend their stay.
Initially, applicants under Tier 2 - which covers skilled workers who have been offered a job in the United Kingdom - were to apply for cards from spring next year, but the Home Secretary asked us to look at accelerating the successful roll-out. In response, we have also recommended bringing forward the introduction of the identity cards for Tiers 1 and 5, from spring 2011 to the end of 2010.
The UK Border Agency had pledged to issue 75,000 cards by November 2009, so the target has been exceeded by a significant number. As the number of cards in circulation increases, we have rolled out additional facilities for enrolling biometrics at our own offices and at four passport interview offices. We are in the final stages of concluding arrangements with Post Office Ltd to offer further options at selected branches - this will be a walk-in service, and customers will be informed that the service is available to them through their biometric enrolment notification letters as the participating post offices roll out.
For those booking appointments at Home Office biometric enrolment centres, we have introduced an online booking service. This has increased efficiency, and has been welcomed by customers as an alternative to calling our contact centre. Customers who do not yet need to provide biometrics as part of their application can also use the online booking service to book a 'premium appointment' for a same-day decision at one of our public enquiry offices.
http://www.bia.homeoffice.gov.uk/sitecontent/newsarticles/2009/november/05-100k-icfn

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02/11/09
UK Border Agency is given statutory duty to safeguard and promote children's welfare

Section 55 of the Borders, Citizenship and Immigration Act 2009 comes into force today. It places a duty on the Home Secretary to make arrangements for ensuring that immigration, asylum, nationality and customs functions are discharged having regard to the need to safeguard and promote the welfare of children. A similar duty is placed on the Director of Border Revenue in respect of the Director's functions.

This duty puts the UK Border Agency on the same footing as other bodies that work with children. It will be a driver for more effective inter-agency working, which is crucial if children are to be kept safe and given the opportunity to thrive. In particular, the duty will place greater emphasis on our participation with local safeguarding children boards.

The duty does not give the UK Border Agency any new functions or override its existing ones, but does require us to consider the needs of children as children and to take them into account in our work.

The UK Border Agency has developed an extensive training programme on safeguarding and promoting the welfare of children for its staff, tailored to the amount of involvement they have with children in their day-to-day work activities.
Statutory guidance to accompany the new duty has been issued jointly by the Minister of State for Borders and Immigration, Phil Woolas, and the Parliamentary Under-Secretary of State for Children, Young People and Families, Baroness Delyth Morgan.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2009/november/01-duty-welfare-children


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02/11/09
Bogus students and the points-based system - UK Border Agency response

The UK Border Agency has responded to allegations that the points-based system is failing to stop migrants from entering the UK illegally under the pretence of being students.

Jeremy Oppenheim, head of the points-based system at the UK Border Agency, said:

'The points-based system means that only those colleges and schools who provide quality education and take responsibility for their students will be licensed to bring in foreign students.

'Schools and colleges are inspected by accreditation bodies and the UK Border Agency to ensure they are genuine. Before we tightened controls, around 4,000 UK institutions were bringing in international students; this currently stands at around 2,000.
'Anyone coming into the UK must satisfy the Border Force officer that they meet the immigration rules and will comply with any conditions attached to their visa. If they cannot, the officer can and will refuse entry.'

http://www.bia.homeoffice.gov.uk/sitecontent/newsarticles/2009/november/bogus-students-pbs


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02/11/09
Detention of children - UK Border Agency response to SNP

The UK Border Agency has responded to the Scottish National Party's call for the detention of children to be ended.
Alan Kittle, the UK Border Agency's director of detention services, said:

'We do not want to detain families with children. However, when the independent courts have upheld our decision that they are not in need of protection, we expect them to leave the country voluntarily.

'We have a duty to enforce immigration laws, and detention is only ever used where families have failed to leave despite being given every opportunity, incentives and assistance to do so, in order to enforce their departure.'
http://www.bia.homeoffice.gov.uk/sitecontent/newsarticles/2009/november/detention-children-snp

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29/10/2009
Officers smash bogus marriage ring

Seven people, including a bride, groom, best man and bridesmaid, have been arrested in an operation to tackle sham marriages.
Acting on intelligence, officers targeted a marriage ceremony at St Paul's Church, Salford, yesterday lunchtime (28 October) and disrupted an organised crime ring, preventing the suspected sham wedding from going ahead.
The officers, from the UK Border Agency's Immigration Crime Team, tackle serious organised crime in the region. The team comprises immigration and intelligence officers and officers seconded from Greater Manchester, Lancashire and Cheshire Police forces.
Six of those arrested were Nigerian nationals (three men and three women), whilst the seventh, the bride, was a Dutch national.
Officers are continuing their investigations and are still interviewing those arrested. Six of those arrested could face criminal charges, whilst the seventh was arrested for immigration offences.
So far, a Nigerian man (07 03 1967) and woman (15 04 1983) have been charged with offences under the ID Cards Act and have been remanded in custody. The woman has also been charged with fraud offences. The pair were arrested during a house search close to the church, at an address that the bride and groom falsely claimed they lived at.
Another of the Nigerian women (02 04 1979), who had overstayed her visa, has been placed on immigration bail whilst enquiries continue.
Jo Liddy, Regional Director of the UK Border Agency in the North West, said:
'We will not tolerate immigration abuse and will punish those who break our immigration laws. If we identify marriages that do not appear to be genuine, we will challenge them, prosecute where appropriate and remove any foreign national in the country illegally.
'Over recent years we have clamped down on sham marriages and encouraged registrars to highlight suspicious cases.'

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29/10/09
Changes to enhanced package for assisted voluntary return to Zimbabwe

The government has announced changes to the delivery of the enhanced assisted voluntary return package for Zimbabwe.
Instead of providing extra 'in kind' assistance for business set-up, cash payments will now be phased in over a six-month period. This will support economic reform in Zimbabwe, enabling people to return voluntarily and use their skills to support change and help rebuild Zimbabwe with capital behind them.
The scheme is being extended until 31 December 2009, after which the continued need for an enhanced package will be reviewed.
Border and Immigration Minister Phil Woolas said:
'The British government takes its international responsibilities seriously, and we will continue to grant protection to those Zimbabweans that need it.
'The situation in Zimbabwe is improving under the Inclusive Government, and we will be looking to normalise our returns policy progressively as and when the political situation develops.
'We will continue to provide assistance to those who choose to return voluntarily - enabling people to support themselves and rebuild Zimbabwe, which hundreds of Zimbabweans who have already safely returned voluntarily are doing.'

The Migration Advisory Committee (MAC) has recommended that teachers in special schools and skilled meat boners and trimmers should be recognised as occupations where the United Kingdom is in need of immigrant labour.
The MAC advises the government on skills shortages that can sensibly be filled by migration. If its recommendations are accepted, teachers in special schools and skilled meat boners and trimmers will be added to the shortage occupation list - meaning that employers in the United Kingdom will be able to recruit migrants to these jobs without needing to carry out a resident labour market test first.
In response to changing economic circumstances, the MAC is also recommending the removal of some engineering and construction jobs from the shortage occupation list, as well as ship and hovercraft officers.
For the time being, skilled chefs remain on the recommended list. However, the MAC expects to see accelerated efforts to train the United Kingdom workforce in this profession before the list is reviewed again next year.
Other occupations that the MAC recommends adding to the list are:

1. specialised jobs in the electricity transmission and distribution industry;
2. some medical specialisms, including higher-level speciality paediatrics trainees; and
3. aircraft technicians and fitters.

The recommendations are included in the MAC's latest report, which follows its second partial review of its recommended shortage occupation list. For the report, the MAC reviewed all healthcare and engineering occupations, chefs, teachers (further/higher, secondary, primary, and special needs education teaching professionals), town planners, managers in construction, quantity surveyors, ship and hovercraft officers, veterinary surgeons, sheep shearers, work riders, ballet dancers, skilled fish filleters, meat boners and trimmers.
All the occupations included in the original recommended shortage occupation list have now been reviewed at least once since the MAC issued its first recommendations in 2008.
Professor David Metcalf CBE, who chairs the MAC, said:
'The points-based system, including the shortage occupation list, has to operate for the benefit of UK workers, especially given the current economic climate.
'The Migration Advisory Committee's latest recommendations take account of the impact of the worldwide recession on the UK. We have looked at the evidence and made recommendations that balance the needs of the UK workforce against those of employers.
'It is important to note that some shortages of skilled labour will still exist in a recession. This can be where there is a long-term structural shortage of skilled workers, where workers provide key public services, or in areas such as culture where the UK needs to maintain global leadership.'
The government will issue its response to the report in the coming weeks.

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12/10/09
Points-based system - approved English language tests for Tier 1 and Tier 2

Following successful assessment of the Scottish Qualifications Authority application to be included on the UK Border Agency lists of approved English language tests, the Tier 1 and Tier 2 lists have been updated.

We can advise on the updated information in respect of Tier 1 and Tier 2 applications, which shows details of the English language test that meet the English language requirement under the points-based system.  Please contact us for more information.

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07/10/09
People in the Midlands have their say on citizenship proposals

Local people in the Midlands are being asked what foreign nationals should do if they want to stay in the country permanently and become British citizens.

The Government is currently undertaking a United Kingdom tour to gauge opinion on proposals to introduce a points system for migrants to earn British citizenship.

Plans in the new consultation, published in August, would see people rewarded for economic contributions, skills and English language proficiency above the level already expected. Points could be removed and citizenship withheld or delayed for those breaking the law or committing anti-social behaviour.
Eddy Montgomery, North West regional director at the UK Border Agency, was at the Council House, Birmingham, on 5 October 2009 to chair the latest of ten regional events exploring just how the proposals might work.

Mr Montgomery said:
'The principle that British citizenship is a privilege which must be earned is already established.
'This new consultation looks at just how that privilege should be earned, what kind of activities should score prospective citizens points and, by the same token, what kind of behaviour should slow down, or even halt, someone's path towards settlement?'

A points-based test for citizenship will give the Government more control over the numbers of people permitted to settle here permanently, allowing the bar for settlement to be raised or lowered depending on the needs of the country and the economy.

One of the key principles of the earned citizenship system is building community cohesion, through encouraging community involvement through 'active citizenship'.

Migrants already contribute to communities throughout the United Kingdom and the Government wants to support integration by encouraging more of this activity. That is why a migrant's journey to citizenship will speed up if they conduct voluntary or civic work. As part of this new 12 week consultation, the Government will work closely with local authorities to ensure any voluntary or community work being undertaken by applicants is checked and verified.

Under the current system those wanting citizenship have to pass a Life in the UK test to demonstrate both their knowledge of the country and their ability to speak English. The Government is proposing tightening this even further with a new two-stage system. This will focus on practical information about life in the United Kingdom at probationary citizenship stage, and then a further test at the final stage with more challenging topics including history and politics.

A range of local organisations have been invited to the Council House event.

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05/10/09
Important changes for sponsors under the points-based system

05 October 2009
The UK Border Agency has today published revised guidance for employers and education providers who sponsor migrants under the points-based system, and has enabled education providers to use the sponsorship management system for the first time.
The sponsor guidance has now been split into separate documents for employers (Tiers 2 and 5 of the points-based system) and for education providers (Tier 4).
Additionally, the sponsorship management system is now available to Tier 4 sponsors, enabling them to issue confirmations of acceptance for studies (CAS) for the first time. During a voluntary trial period which will run until February 2010, Tier 4 sponsors will be able to choose whether to issue visa letters or CAS to migrants applying to them from inside the United Kingdom. CAS will completely replace visa letters next February.

http://www.bia.homeoffice.gov.uk/sitecontent/newsarticles/2009/october/sponsor-changes

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30/09/09
Two new policy announcements for Tier 4 of the points-based system

30 September 2009
Alongside the launch of the sponsorship management system for Tier 4 of the points-based system on 5 October 2009, the UK Border Agency has announced new policy for Tier 4 sponsors and would-be students.
The new policy centres on two main areas:

1. Extending the maintenance concession for Tier 4 applicants who are already in the United Kingdom - this will help to ease the transition process for would-be students.
2. Tying Tier 4 students' permission to stay to their sponsors, if they make their application on or after 5 October - this will strengthen Tier 4 and strengthen the United Kingdom border.

Extending the maintenance concession for Tier 4 applicants who are already in the United Kingdom
Tier 4 applicants need to have enough money to cover their course fees and maintenance. They must normally show that they have held this money for a 28-day period ending no more than one month before their application, but until now the UK Border Agency operated a concession allowing applicants to show only that have the required funds in place on the date when they apply. This concession ends on 1 October 2009.
However, the UK Border Agency recognises that many students already in the United Kingdom will not have needed to show this money before, so we have decided to allow a longer transitional period for all Tier 4 applications made within the United Kingdom.

Would-be students who make a Tier 4 application from inside the United Kingdom before February 2010 will only need to show that they have the money needed on the day when they apply. They must still provide the correct documents to support their application.

From 1 October 2009, would-be students applying from outside the United Kingdom must show that they have held the required money for a 28-day period ending no more than one month before the date of their application.

Tying Tier 4 students' permission to stay to their sponsors, if they make their application on or after 5 October

On 5 October 2009, new Tier 4 students' permission to stay in the United Kingdom will be 'tied' to the education provider that is sponsoring them. This will bring Tier 4 in line with other tiers of the points-based system.

From 5 October, every new Tier 4 student will find their sponsor's reference number on the vignette in their passport or on their identity card for foreign nationals.
In future, if a student wants to study with a new Tier 4 sponsor and they made their last application for a Tier 4 visa on or after 5 October 2009, they will need to apply for a new Tier 4 visa. They will not be allowed to begin studying with the new education provider until they have received a decision on the outcome of their application - if they do so, they will be committing a criminal offence for which they could be prosecuted or removed from the country.

The UK Border Agency has been asked whether students in this situation will be able to begin studying with the new education provider, at their own risk, before they have received a decision on their application. The UK Border Agency cannot condone a criminal offence, and therefore cannot advise students that this is an option for them. The UK Border Agency will make every effort to ensure that applications from students wishing to change education provider are considered within the published service standard, so that they can move to the new education provider as quickly as possible.

If a student wants to study with a new Tier 4 sponsor, and they made their last application for a Tier 4 visa before 5 October 2009, they will continue to be allowed to change without making a new Tier 4 application. They must, however, seek permission from us to change their sponsor.

http://www.bia.homeoffice.gov.uk/sitecontent/newsarticles/2009/september/pbs-t4-extending-tying

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