NEWSLETTER No. 44 – March 2014

Welcome to the Commonwealth Immigration Newsletter.
AUSTRALIA – SUBCLASS 489
One visa subclass for Australia that is often overlooked by applicants is that of subclass 489, Skilled Nominated or Sponsored (Provisional).
This is a 4 year visa which allows the applicant to apply for permanent residence after living in designated area of Australia for 2 years and working for 1 year.
Applicants can be sponsored by a state government or by a relative living in a designated area.
One crucial difference is that the applicant does not need to work in an occupation on the Skilled Occupation List but instead occupations on the much broader Consolidated Sponsored Occupations List (CSOL) can be included.
Your relative must live in a designated area of Australia which includes all of the following states / territories; Western Australia, South Australia, ACT, Tasmania, Northern Territory, Victoria.
New South Wales is included apart from Sydney, Wollongong and Newcastle.
Queensland is included apart from the Brisbane metropolitan area.
The following relatives are eligible to sponsor for this subclass;
  • Parents
  • Brothers and Sisters
  • Uncles and Aunts
  • Nephews and Nieces
  • First Cousins
  • Grandparents
If you are interested in applying for migration to Australia, then please contact us so that we can check your eligibility.
Australia info page;
UK – IMMIGRATON UPDATE
There have been several recent developments in UK immigration law as follows;
  • An increase in the level of maintenance funds required for applicants and dependants in Points Based applications such as Tier 1 and Tier 2.
  • The government deciding to close the Tier 1 General extension category in 2015 and close Indefinite Leave to Remain for Tier 1 General applicants in 2018.
  • Tier 2 visas will be able to be issued for up to 5 years
  • New visa application centres are being introduced outside the UK to facilitate those applying for UK visas. These new centres are being introduced in the following countries; Australia, South Africa, India, Bangladesh, Hong Kong, Italy, Egypt, Jordan, Canada and Fiji.
  • The Court of Appeal has been hearing the MM case on the legality of the UK spouse minimum income rules. This important case will have a huge bearing on UK family migration applications. However, judgement is not expected for up to 3 months.
UK – British citizens using EEA law
Recent cases held in the European Court of Justice (ECJ) have reaffirmed the rights of British citizens to use EEA law to bring a family member back to the UK. This type of application is commonly referred to a “Surinder Singh” application, after the case that established this. The recent ECJ cases have stated clearly that this route is open where the British citizen moves to another EU member state to exercise their EU Treaty Rights.
The key development in these recent cases is that this can include any exercise of EU Treaty Rights and is not limited to working or being self-employed. So, studying and being a self-sufficient person would also fall under this ruling.
We will wait to see if the UK government amend their regulations to reflect this new ruling.

If you wish to make any type of EEA application, then please complete this form on our website; http://www.commonwealthimmigration.com/assesment_form.html

This should give us all the information we need to give you the correct advice. We can then review in full and get back to you.

 

UNITED KINGDOM – IMMIGRATION UPDATE

There have been several recent developments in UK immigration law as follows;

* An increase in the level of maintenance funds required for applicants and dependants in Points Based applications such as Tier 1 and Tier 2.

* The government deciding to close the Tier 1 General extension category in 2015 and close Indefinite Leave to Remain for Tier 1 General applicants in 2018.

* Tier 2 visas will be able to be issued for up to 5 years

* New visa application centres are being introduced outside the UK to facilitate those applying for UK visas. These new centres are being introduced in the following countries; Australia, South Africa, India, Bangladesh, Hong Kong, Italy, Egypt, Jordan, Canada and Fiji.

* The Court of Appeal has been hearing the MM case on the legality of the UK spouse minimum income rules. This important case will have a huge bearing on UK family migration applications. However, judgement is not expected for up to 3 months.

* Our free Online Assessment Form

UK – British citizens using EEA law

Recent cases held in the European Court of Justice (ECJ) have reaffirmed the rights of British citizens to use EEA law to bring a family member back to the UK.

This type of application is commonly referred to a “Surinder Singh” application, after the case that established this. The recent ECJ cases have stated clearly that this route is open where the British citizen moves to another EU member state to exercise their EU Treaty Rights.

The key development in these recent cases is that this can include any exercise of EU Treaty Rights and is not limited to working or being self-employed. So, studying and being a self-sufficient person would also fall under this ruling.

We will wait to see if the UK government amend their regulations to reflect this new ruling.

If you wish to make any type of EEA application, then please complete Our free Online Assessment Form;

This should give us all the information we need to give you the correct advice.

We can then review in full and get back to you.

UK visa categories 2013

So far in 2013, we have seen changes in UK immigration reflecting the current government’s policy of reducing migration. The following is an up to date summary of some of the key UK visa categories that may be relevant to actuaries;

Tier 2 (General)
This is the main category for UK employers to recruit overseas employees.

The employer will need to demonstrate that they have carried out a standard recruitment search or “Resident Labour Market Test” before offering the position to an overseas employee. In 2012 certain actuarial occupations (especially in life assurance, general insurance, and health and care sectors) were exempt from this “Resident Labour Market Test” being seen as acute shortage occupations. However, in April 2013 the UK Border Agency removed these actuarial occupations from the shortage list.

Actuarial employers have a variety of different options open to them to advertise in meeting the “Resident Labour Market Test”. This can include using a recruitment agency, advertising on their company website or through external job-boards.

UK employers who do not have a sponsorship licence cannot look to recruit employees to work for them on Tier 2 (General) visas.
Employers who possess a sponsorship licence can request an increased allocation of Certificates of Sponsorship. This is especially important if the employer has already allocated all available Certificates of Sponsorship and still wishes to recruit further employees.

Tier 1 – Post Study Work visas
This visa category was closed to new applicants in April 2012.

Those who possess existing Post Study Work visas can still remain and work in the UK throughout the validity of their visa (up to 2 years in most cases)

Tier 1 (General) / HSMP visas
These visa categories are now closed to new applicants. Those currently in the UK on these visas can extend their stay and later apply for Indefinite Leave to Remain (ILR).

Both extension applications and ILR applicants are points tested based on age, qualifications, earnings etc. This points test would be the same as that in operation when the applicant first applied – to ensure that the points for earnings have not diminished.

Tier 1 General and HSMP visa holders possess the freedom to work on a self-employed or employed basis.

Tier 5 (Youth Mobility Scheme)
Citizens of the following countries are eligible for this 2 year visa; Canada, Australia, New Zealand, Japan, Monaco and Taiwan. South Korea has now been added to this list. Applicants must be between 18 and 30 (i.e. not have reached their 31st birthday) when they apply.

It is not possible to switch from this visa to another work visa category while in the UK. The applicant would need to return to their home country to submit a fresh application.


Ancestral visas
If you have a UK-born grandparent and you are a citizen of a Commonwealth country such as Australia or Canada, then this visa can allow you to work in the UK and later to obtain settlement. The visa is issued for 5 years. A sponsoring employer is not required and the visa holder has freedom to work on a self-employed or employed basis.


EEA Nationals and Spouses
Although EEA nationals do not require a visa to work in the UK, their non EEA spouses do.

If you are married or in a civil partner / unmarried partner relationship with an EEA national, then contact us regarding moving to the UK.


Business Entry
The UK permits business visitors to enter the UK for up to 6 months.
Permitted business activities would include attending meetings, selling goods or services, agreeing contracts etc. However, this is very different from permission to work in the UK

Our UK Visa Application Service:
At this stage, we just need you to complete this quick registration form on our website;

http://www.commonwealthimmigration.com/assesment_form.html

This should give us all the information we need to give you the correct advice.

We can then review in full and get back to you.


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