UK Immigration Consultants - United Kingdom UK news from migration experts

LATEST IMMIGRATION NEWS - UNITED KINGDOM
(as published in our newsletters)

UNITED KINGDOM – NEW MAINTENANCE FUNDS REQUIREMENT

IMPORTANT INFORMATION FOR UK EMPLOYERS

March 2008 - The UK government have announced details of the new requirement for maintenance funds for applicants under the new Points Based System.

The new system is currently in place for applicants who are applying from within the UK. Over the next 6 months or so, the system will replace the HSMP visa process for applicants applying from outside the UK.

For applicants currently in the UK, the required amount is UK£800.

For applicants applying from outside the UK, the proposed required amounts are;

Principal applicant UK£2,800
Spouse UK£1,600
Each child UK£800

The accepted evidence of such funds will be the applicant’s last 3 months bank statements, showing a constant balance at or above the required level.

We are still awaiting exact details of the new application system and maintenance funds required for Out of Country applicants. Once we have this, we will be detailing the process for you on our website and explaining exactly what it involves.

In the meantime, if you are outside the UK and are eligible to apply for the HSMP visa now, it may be advisable to do so, to avoid having to meet the new maintenance rules.

Also if you are a UK employer, looking to take on overseas workers on work permits, then you need to be aware of the process to do so under the Points Based System. This involves a pre-registration application to be included on the new “Register of Sponsors”.

The UK government will implement the new regime for work permits in September/October this year. Only employers who are registered, as approved Sponsors will be permitted to apply for work permits. If you are a UK employer that requires further information on the new process as it becomes available, then please contact us.

UNITED KINGDOM – DETAILS ON THE NEW SYSTEM

February 2008 - The UK government have just announced that the first stage of the new Points Based System will be introduced on 29th February 2008.

From that date any highly skilled foreign nationals (such as current HSMP holders) currently working in the UK who want to extend their stay will need to apply under the new system. In April, the new system will begin to be rolled out overseas when anyone from India who wants to work in the UK as a highly skilled migrant will need to apply under the new system. By the summer the new highly skilled system will operate worldwide.

At the moment, the initial guidance from the Home Office is that the new system from 29th February will only apply to those in the UK looking to obtain or extend a HSMP visa. Other categories such as work permits would not yet be affected.

We are still awaiting exact details of the new application system for
applicants in the UK from 29th February. Once we have this, we will be detailing the process for you on our website and explaining exactly what it involves.

For further information on the overall changes to be introduced gradually in the new Points Based System, please see back issues of the newsletters on our website.

UNITED KINGDOM – DETAILS ON THE NEW SYSTEM

December 2007 - The UK government have just announced details of the implementation of the first stage of the new Points Based System in 2008. The new system will consist of 5 Tiers of Entry - Highly Skilled, Skilled Workers, Low Skilled Workers, Students, Youth Exchange Programmes and Various other programmes.

Tier 1 – Highly Skilled
In a document entitled “Statement of Intent”, it is announced that 8 existing immigration categories will be removed when the new “Highly Skilled Tier” is introduced. These current categories include the Highly Skilled Migrant Programme, Investors, Self Employed Lawyers, Businesspersons, International Graduate Scheme, Innovators, Fresh Talent (Working in Scotland) Scheme and Writers, Composers & Artists,

Most importantly, the current assessment criteria for the HSMP category will be incorporated into Tier 1 circa March 2008. This will involve applications submitted to the British Embassy in the home country of the applicant. If the applicant is currently in the UK on a work visa / student visa, they can apply in the UK.

This visa will be for 3 years, then extendable for another 2 years, bringing the applicant to the 5 years necessary for permanent residence.

The International Graduate Scheme (IGS) will be incorporated into Tier 1 (designated as the Post-Study Work sub-category) and will be for 2 years, not 1 year as it currently is. After 2 years, applicants would have to fit into another category to stay here.

Transitional arrangements will be introduced which will allow applicants currently in the UK on HSMP visas to remain here, when their stay expires.

If you wish to apply for the new Highly Skilled category, including the new Post-Study Work subcategory, then please complete the Online Assessment form on our website.

Tier 2 - Skilled Workers
The current work permit category will be incorporated into Tier 2 for Skilled Workers, towards the end of 2008, possibly 2009. This category will involve some significant changes.

Employers wishing to sponsor non-EU citizens to work for them, will need to register with the Home Office. Only employers who successfully register, will be allowed to apply for Sponsorship Certificates (the new term for work permits).

A team of Compliance Officers will check that aspects such as the resident labour test are being carried out properly. Prospective employees will then need to apply to the British High Commission and Consulates for entry clearance, once they have a Sponsorship Certificate.

The application process for employers who wish to be included on the Register of Sponsors will be introuduced in early 2008. We will obviously provide more details on this, when available.

We will be able to assist all UK employers to be included on the Register of Sponsors. Once Tier 2 is introduced, then an employer who is not on the Register of Sponsors cannot sponsor a non-EU worker.

UNITED KINGDOM - ENGLISH LANGUAGE REQUIREMENTS

November 2007 - The UK government have announced that English language ability will be an important factor in the new application process for all UK study and work visas.

This new process which the government are labelling the Points System will be introduced at different stages throughout 2008.

At the moment, applicants for the HSMP visa, and also for residence and naturalisation will be familiar with the requirement to prove effective communication in English. For instance, for the HSMP visa an overall band score of 6 or above on the International English Language Testing System (IELTS) is required.

We understand that the new system will require applicants to provide evidence to demonstrate that they have an acceptable standard of English. One way in which applicants can demonstrate this will be by providing evidence that they have passed an English language test.

Most importantly, this will apply to those categories for whom English language ability is not currently tested - such as work permit holders.

To this end, the Home Office have invited organisations that offer English language tests (such as IELTS) to apply to be included on the list of approved English language tests providers.

UNITED KINGDOM – ROMANIA AND BULGARIA

November 2007 - The UK government have recently decided to retain the restrictions on Romanian and Bulgarian nationals working in the UK until at least the end of 2008.

Romania and Bulgaria both joined the EU on 1 January 2007 but their citizens have not been granted rights to work in the UK. They can work however if self-employed or if they obtain permission to work through one of the normal routes such as work permit, HSMP visa etc.

UNITED KINGDOM - NEW SYSTEM FOR 2008

October 2007 - We are expecting much more detailed announcements in the next month or so on the new application process for all UK study and work visas.

This new process which the government are labelling the Points System will be introduced at different stages throughout 2008.

The first stage will involve the introduction of Tier 1, which will cover
the HSMP visa. This is to be introduced in early 2008. This may result in changes to the current HSMP criteria.

Tier 2 will cover applications under the current Work Permit scheme. We understand that the new system will mean employers wishing to employ non-EU citizens will need to register with the Home Office in order to employ non-EU citizens in the future.

Once employers have successfully registered they will then be allowed to issue a set number of permits each year, in the form of Sponsorship Certificates. The role of the Home Office will be to monitor the procedures of registered employers to ensure they are still endeavouring to recruit from within the domestic labour market.

We have yet to receive any more detailed information on the new process but once we do, we will be in touch promptly with detailed advice for employers and overseas workers.

UNITED KINGDOM - LIFE IN THE UK TEST

August 2007 - We wish to remind all our UK visa clients about the “Life in the UK test”. This is now a mandatory requirement for all applicants for UK indefinite leave to remain and UK citizenship.

The test must be passed before we can submit your application. There are over 90 test centres in the UK, where the test can be undertaken. All applicants will need to prepare for the test by reading the “Life in the United Kingdom” handbook.

If you have any queries on the test, then please feel free to contact us.

UNITED KINGDOM - SAME DAY APPLICATION SERVICE

July 2007 - Are you looking to apply to the Home Office for a UK visa? If so, maybe you would like to avail of our Same Day Application Service?

Commonwealth Immigration are designated agents for the Home Office based in Croydon. We can submit your application for a UK visa as your appointed representative and have it considered and approved on the same day!

If this is something you are interested in, then please contact us.

Please note that not all applications can be submitted through the Same Day Service.

For further information on migration to the United Kingdom, please call us on (+44) (0) 20 8365 3380 or complete an Online Assessment form on our website www.commonwealthimmigration.com.

UNITED KINGDOM
– NATIONAL SHORTAGE OCCUPATION LIST

June 2007 - The UK government have recently made some amendments to the National Shortage Occupation List for Work Permits.

This list is important, as an application for a work permit for an occupation on this list does not have to be accompanied by proof of advertising. In other words, there is an assumption that such occupations are in recognised shortage.

All positions for Teachers in England and Scotland are now included on the list.

Furthermore, the following 4 occupations have now been removed from the list; Senior Physiotherapists, Salaried General Dental Practitioners, Salaried Assistant Dentists, Salaried Vocational Dental Practitioners.

UNITED KINGDOM – MARRIAGE LAW
THROWN OUT BY COURT OF APPEAL

June 2007 - UK immigration rules in effect since 2005, regarding the right to marry in the UK, have been found to be unlawful in the UK Court of Appeal.

The rules were designed to require non-EU citizens to obtain permission to marry in the UK. However, the Court has found that the rules were unlawful on 2 grounds;

1. The rules did not allow for proper investigation of individual cases and did not endeavour to find out if those marrying were genuine or part of an immigration scam.

2. It was incompatible with human rights on grounds of nationality and religion, particularly because bizarrely it did not apply to those marrying in the Church of England

The Home Office have seemed to have backed down very quickly and have now announced that they will look at each application to:

“obtain information and supporting evidence to enable us to be satisfied that your proposed marriage is genuine”

For any applicants that may be in this situation, please contact us
immediately for specialist advice on the new Home Office approach.

UNITED KINGDOM
– CHANGE OF NAME

May 2007 - The UK government have announced that the “Border and Immigration Agency” is a new executive agency of the Home Office. The Agency assumes the responsibilities of the Immigration and Nationality Directorate (IND) for managing immigration control in the UK.

UNITED KINGDOM
- NEW SYSTEM TO START IN 2008

May 2007 - It has been announced that the new so-called “points system” which will allow migrants to come to the UK under one of five tiers replacing more than 80 existing routes of entry, will be introduced at the beginning of 2008.

Tier 1 of the system, which caters for highly skilled migrants, will be
launched at the beginning of 2008. Further tiers, targeting skilled workers, youth mobility, temporary workers and students will come on line later in 2008 and 2009.

A system of sponsorship by employers and educational institutions to ensure compliance with the immigration rules is also being introduced as part of the new system at the beginning of next year.

So far, the government have been extremely vague and ambiguous about the operation of the new system. It remains to be seen if the new system will involve any major changes in selection criteria or will instead be more of a “tidying up” exercise in classifying all the main categories of entry into one overall framework.

For further information on migration to the United Kingdom, please call us on (+44) (0) 20 8365 3380 or complete an Online Assessment form on our website www.commonwealthimmigration.com.

UNITED KINGDOM
– INTERNATIONAL GRADUATE SCHEME (IGS)

May 2007 - The new International Graduate Scheme (IGS) visa has now been launched. This replaces the old Science and Engineering Graduate Scheme.

This new visa opens the door to overseas students in the UK to remain in the UK and work after completion of their studies. The IGS allows overseas students who have successfully completed and obtained a degree, Master’s degree, PhD, or postgraduate certificate or diploma on or after 1 May 2007 to work in the UK for up to 12 months upon completion of their studies. If they want to remain in the UK beyond this time, they can switch into an appropriate immigration category to pursue their career, provided they meet the relevant requirements.

This will allow many graduates to gain valuable UK experience to enable them to then apply under different categories to remain here – such as the Highly Skilled Migrant Programme visa.

For further details, please feel free to contact us.

UNITED KINGDOM
– NEW APPLICATION FEES

April 2007 - All clients need to be aware that new government application fees apply for all UK visas and work permits, effective from April 1st. The new fees are the result of a consultation exercise recently conducted by the Home Office.

Please contact us to ensure you are paying the correct government fee.

UNITED KINGDOM - NEW VISA
– INTERNATIONAL GRADUATE SCHEME

April 2007 - The UK government have just announced a new visa which will be launched on May 1st – The International Graduate Scheme (IGS). This will replace the current Science and Engineering Graduate Scheme.

The IGS will allow overseas students who have successfully completed and obtained a degree, Master’s degree, PhD, or postgraduate certificate or diploma on or after 1 May 2007 to work in the UK for up to 12 months upon completion of their studies. If they want to remain in the UK beyond this time, they can switch into an appropriate immigration category to pursue their career, provided they meet the relevant requirements.

This will allow many graduates to gain valuable UK experience to enable them to then apply under different categories to remain here – such as the Highly Skilled Migrant Programme visa.

For further information on migration to the United Kingdom, please call us on (+44) (0) 20 8365 3380 or complete an Online Assessment form on our website www.commonwealthimmigration.com.

UK HIGHLY SKILLED MIGRANT PROGRAMME (HSMP) – CLARIFICATION REGARDING SALARY

March 2007 - Work Permits (UK) changed the criteria for this visa in December 2006 without giving any advance notice. According to Work Permits (UK) this has lead to many applicants submitting incomplete applications that have been refused, particularly in relation to proof of salary (one of the assessment criteria for which points are awarded).

Now Work Permits (UK) have issued further guidance clarifying the new rules relating to salary. These new rules explain in detail the supporting evidence that must be supplied as proof of salary. For instance, tax documentation must be supplied if available.

The new rules take into account differing situations – i.e. for salaried employees, self-employed applicants, independent contractors etc….

It is important to remember that Work Permits (UK) will not normally issue a request for further information. The application has to contain all required evidence when submitted.

The HSMP visa allows an individual to come to the UK to work or to establish oneself in self-employment. Eventually it leads to UK permanent residence for the applicant and his / her family. It is based on a complicated points system so make sure you get expert advice from us on your eligibility.

By completing the Online Assessment Form on our website, we can see if you will qualify under the new criteria.

UK HIGHLY SKILLED MIGRANT PROGRAMME (HSMP) – NEW RULES

January 2007 - Work Permits (UK) suddenly changed the criteria for this visa in December 2006 without giving any advance notice. The new rules reduce the number of categories in which points can be scored but overall it appears more applicants will be eligible. It will of course mean that many previous applicants who didn't qualify may now indeed be eligible. However, if you qualify, you are best advised to apply promptly. Once approved by Work Permits (UK) you can choose to wait up to 6 months before having your visa inserted in your passport.

The new rules have also introduced new requirements in relation to providing evidence of your English language ability and proof of previous earnings.

The HSMP visa allows an individual to come to the UK to work or to establish oneself in self-employment. Eventually it leads to UK permanent residence for the applicant and his / her family. It is based on a complicated points system so make sure you get expert advice from us on your eligibility.

By completing the Online Assessment form on our website, we can see if you will qualify under the new criteria.

We hope that these news have been informative for you. However, remember everyone's circumstances are different so if you or a friend or family member want to check your eligibility to emigrate then either

1) complete the Online Assessment Form on our website or
2) give us a call on (+44) (0) 20 8365 3380

We would love to hear from you!

Regards
Tim McMahon
Commonwealth Immigration
www.commonwealthimmigration.com