News
Minimum earning level before you can sponsor an overseas partner?
16 November 2011
The Migration Advisory Committee has today recommended that any UK residents who want to sponsor overseas partners or dependants must be earning a minimum of between £18,600 - £25,700 before tax. This recommendation, if adopted by the government, will have a massive impact, reducing the numbers of people eligible to bring in dependants by 45 - 63%.
Updates on this issue will be posted on this website as they become available.
Fees to be charged for appeals
09 November 2011
Following a decision made earlier this year, from 19 December 2011 the First-tier Tribunal will charge a fee for appeals. The charges will be £80 for decisions made on the papers, and £140 for oral hearings.
Marriage age to go back to 18
07 November 2011
Following the Supreme Court ruling in the case of Quila and Bibi, the UKBA has announced that they will be reinstating 18 as the minimum age for both partners in fiance, spouse and unmarried and same sex partner applications. This will be incorporated into the Immigration Rules on 28 November 2011.
Tier 2 and work permits - changes to settlement applications
28 October 2011
From 31 October 2011 people applying for settlement under Tier 2 of the Points Based System or under the old work permit rules will need to provide evidence to demonstrate that they have been paid at the correct rate.
Unacceptable financial institutions
24 October 2011
The UKBA has today published a list of financial institutions in India, Pakistan and the Philippines who they consider do not keep acceptable records. Applicants will no longer be able to rely on documents issued by these institutions. In time institutions from other countries will be added to this list.
Changes to the list of approved English language providers
04 October 2011
The list of approved providers of English language tests has changed again.
Exceptional Talent category opens
09 August 2011
Tier 1 (Exceptional Talent) has opened today. This category is for people who are internationally recognised as world leaders in the fields of science and the arts.
Changes to English language test providers
08 July 2011
The UKBA has today made changes to the list of approved English language test providers for Points Based System and partner applications.
Tier 4 Changes
04 July 2011
Major changes come into effect today. Principally, most students will no longer be able to work, even part time, and most students will not be able to bring their depandants with them to the UK. Applicants from certain countries have been designated "low risk" and have lower evidential requirements, and sponsors are now required to confirm that students are making genuine academic progress when they move on to other courses.
Tier 2 to no longer lead to settlement?
09 June 2011
In a twelve week consultation announced today, the government proposes to end the right to apply for settlement after five years on Tier 2 for all but a few "exceptional" people. The results of the consultation and further actions taken by the government in this regard will be published on this website as they become available.
"Radical reform" on its way
17 May 2011
The Immigration Minister, Damien Green, has announced that a "radical reform" of the immigration system is on its' way. Details will be published on this website as they become available.
New student rules
21 April 2011
Changes to Tier 4 of the Points Based System have come into force today. The main changes that will affect individuals are:
- University students will continue to be able to work 20 hours per week, students at publicly funded Further Education Colleges will continue to be able to work 10 hours per week, other students will have no right to work
- Only government funded students or those on post graduate courses at a university of more than 12 months' duration will be able to bring their families to the UK
COA scheme to end
07 April 2011
The Certificate of Approval scheme, whereby any one who is subject to immigration control needs permission from the Home Office before they can marry, is to end on 09 May 2011. People will still need to satisfy the requirements of the Register Office before they can get married.
COA scheme to end
07 April 2011
The Certificate of Approval scheme, whereby any one who is subject to immigration control needs permission from the Home Office before they can marry, is to end on 09 May 2011. People will still need to satisfy the requirements of the Register Office before they can get married.
New fees, new rules
06 April 2011
Along with an increase in the application fees, the Immigration Rules have also been changed today. The most significant changes are:
- An annual limit on applications under Tier 2
- An ESOL qualitication no longer being acceptable for settlement under the Points Based System
- Any unspent convictions will mean that a person cannot apply for settlement
New settlement requirement for spouses and partners
31 March 2011
In changes to the Immigration Rules announced today, spouses and partners applying for settlement will need to be free of unspent criminal convictions. This applies to victims of domestic violence as well.
First phase of changes to Tier 4
31 March 2011
As a first step towards the forthcoming changes, the government has announced that there will be an interim limit on the number of Confirmations of Acceptance for Studies that a Highly Trusted Sponsor in the private higher and further education and English language sectors can issue. All prospective students at degree level or above will need to be proficient in English to level B2, and students below degree level will need to be proficient in English to level B1. New courses of study can only be with a Highly Trusted or A rated sponsor.
Secretary of State given permission to appeal to the Supreme Court
28 March 2011
Though the decision to increase the marriage age from 18 to 21 was declared unlawful by the Court of Appeal, the Secretary of State has on Friday been given permission to take the matter to the Supreme Court. This means that until the Supreme Court makes a decision on the matter the requirement that a spouse / fiance be 21 years old remains.
Major changes to Tier 4 rules from April 2012
22 March 2011
The government has announced its intention of making major changes to the Tier 4 rules from April 2012.
From that date, only highly trusted sponsors will be able to sponsor overseas students. Only students studying at a university or another publicly funded institution will be able to work, and only post-graduate students studying at a university, and government sponsored students, will be able to bring their families to the UK as their dependants.
The Post Study Work category will be removed from the Immigration Rules at the same time, though students who qualify will be eligible to switch to Tier 2.
Changes to the Immigration Rules announced
16 March 2011
Major changes to the Immigration Rules, to come into effect from 06 April 2011, were announced today.
The Tier 1(General) category will close, though people already on it will be able to extend their leave, by meeting the same points requirements as in their original applications.
An annual cap of 20,700 jobs in Tier 2(General) was announced, which will be limited to graduate level jobs. The requirements and conditions of the Tier 2 (ICT) category are also being changed.
Indefinite Leave to Remain (settlement) will not be granted if an applicant has any unspent convictions.
Tier 2 changes
14 March 2011
The government has announced that 71 jobs are being removed from the list of occupations that are currently open to Tier 2(General) migrants, and eight jobs are being removed from the shortage occupation list.
Retail managers, hair dressing and beauty saloon managers, laboratory technicians and estate agents are amongst the jobs that will no longer be open to people from overseas.
WRS to close
10 March 2011
The Workers Registration Scheme will end on 30 April 2011. Citizens of the A8 countries will have free access to the labour market and the same entitlements to out of work benefits from 01 May 2011.
This change does not affect citizens of Romania or Bulgaria.
UKBA fee increase
28 February 2011
Fees charged by the UK Border Agency for visas issued in the UK and overseas, and for naturalisation, will be going up from 06 April 2011.
Minimum age for spouses - update
05 January 2011
In a determination just before Christmas, the courts have ruled that the government's decision to increase the minimum age for the partners of settled persons from 18 to 21 is illegal.
It is not known yet whether the government will seek to challenge this determination.
Tier 1(General) closed to overseas applicants
22 December 2010
The government announced yesterday that the Tier 1(General) category would close to overseas applicants with immediate effect. Applicants from within the UK may continue to apply under Tier 1(General) until 05 April 2011
Biometric requirements extended
14 December 2010
As of today all applicants under Tier 1 and Tier 5 will also need to provide biometric data before their applications are processed.
Major changes to Tier 4
07 December 2010
The Home Office have launched a consultation which aims to make major changes to the rules surrounding Tier 4. If the proposed changes are implemented, most student visas will be restricted to child students or degree level students, there will be tougher English language requirements, and the Post Study Work category will be abolished.
The consultation closes on 31 January 2011 and the consultation documents can be found at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/consultations/students/
Major changes to Tiers 1 and 2
24 November 2010
The Home Secretary has announced major changes to Tiers 1 and 2, to come into effect from April 2011.
Tier 1(General) will be abolished, and changes made to the requirements for the Entrepreneur and Investor categories. A new category for 'persons of exceptional talent' will be introduced.
Tier 2 applications from overseas will be limited to 20,700 for 2011/12, but there will be no limit on applications from within the UK. The ICT, Minister of Religion and Sportsperson categories are also exempt from the cap, which applies to main applicants and not to dependants. Tier 2 will only be available for graduate level jobs.
With regard to settlement, this will not be granted if the individual has any upspent convictions, and the individual will have to demonstrate that they are still earning the salary for which points were awarded in the original application.
The new rules come into effect from Monday 29 November 2010.
English language tests for partners
17 November 2010
All applicants in the UK or overseas applying on the basis of their relationship with a settled person will need to first need to pass a test to demonstrate that they can speak and understand English at a basic level. This requirement does not apply to people from majority English speaking countries or those who have a degree taught in English.
The new rules come into effect from Monday 29 November 2010.
Settlement changes
05 November 2010
The government have announced that they will not carry forward the 'earned citizenship' proposals put in place by the Labour government, which were due to come into effect in July 2011. However, it appears that changes in the way that workers get settlement in the UK are on the way.
More information will be published on this website as it becomes available.
Biometric requirement for Tiers 1 and 5
21 October 2010
The Home Office have announced that the requirement to provide biometric data will be extended to applicants under Tier 1 and Tier 5, and to their dependants.
The new requirement will apply to all applications made on or after 14 December 2010.
Further clampdown on immigration announced
07 September 2010
The immigration minister has announced that the government will be reviewingthe immigration system, with a view to limiting the number of people who are granted a visa. Particular areas that appear to be of concern to the government are the numbers of overseas students, and highly skilled workers who are doing 'ordinary' jobs.
More information will be publised on this website as it becomes available.
Mandatory English language tests for Tier 4
12 August 2010
All applicants in the Tier 4 (General) category studying below degree level, other than those studying foundation degrees or English language courses, will now need to pass a mandatory English language test with a Home Office approved provider before they can be issued with a CAS.
English language tests for partners
26 July 2010
The requirement for partners of British citizens and persons settled in the UK to demonstrate a knowledge of English will come into effect for all applications from 29 November 2010. From that date all applicants will have to provide evidence that they have been assessed by an "approved test provider" - details of where these tests can be taken is to follow. The tests are only in spoken English, not reading or writing.
Certificate of Approval to be abolished
26 July 2010
The Home Office have announced that the Certificate of Approval scheme will be abolished either later this year or early next year. Until it is abolished anyone who is not settled in the UK who wishes to get married in this country must continue to apply for a Certificate of Approval.
There is no indication as to what, if anything, will replace the Certificate of Approval scheme.
Points Based System maintenance requirements
23 July 2010
The Court of Appeal has ruled that the Home Office policy guidance that required funds for maintenance to be held for a specified period was illegal. Though this requirement will now be incorporated into the Immigration Rules, making it legal, this judgment affects anyone who has previously been refused solely on the basis that they were not able to meet the maintenance requirements. If you were refused on that basis please contact one of our lawyers for advice.
New requirements for Tier 4
22 July 2010
Students studying English language courses will now only be able to study courses that are at a minimum level of B2 of the Common European Framework of Reference and above. These changes come into effect for all applications lodged from 23 July 2010.
Important changes to Tier 1 (General) and Tier 2 (General)
19 July 2010
The interim arrangements to cap the number of grants of leave under Tier 1 (General) and Tier 2 (General) come into effect today, though the government has not announced actual numbers, beyond stating that the aim is to reduce grants of leave between 19 July 2010 and 31 March 2011 by 5% compared to the applications granted last year.
Further changes and quotas under the Points Based System
28 June 2010
The Home Office have announced that from 19 July 2010 there will be be interim arrangements in place to limit the number of applications under Tier 1 (General) and Tier 2 (General), with full measures setting a cap on the number of applications coming into effect from April 2011. At this point of time none of the other Tier 1 and Tier 2 categories are affected.
Details of the exact changes are awaited, but the points requirement for Tier 1 (General) is to be raised from 75 to 80 points, and for the present time the cap is on applications made overseas, not on applications made in the UK. Applicants applying to switch from another category from within the UK will however have to meet the higher points threshold.
The Tier 2 (General) cap will be imposed by limiting the number of Certificates of Sponsorship (COSs) that an employer can issue. Once a valid COS has been issued an application for leave to remain or entry clearance will be processed as normal.
The Home Office have yet to announce the actual number that the limit is set at. Further details will be published as they become available.
New English language requirement for spouses
09 June 2010
The Home Office have announced that from autumn 2010 anyone applying from overseas to join their settled partner or spouse will have to demonstrate a basic competence in English. No exact date by when this requirement will come into effect has been announced, and details of what level of test will be required, and where they can be taken, are still awaited.
Currently it is only when applying for settlement that an overseas partner is required to demonstrate competence in English.
Changes to Tiers 1 and 2
18 March 2010
Changes to Tiers 1 and 2 will come into effect from 06 April 2010. The most significant changes are:
Tier 1: Changes are being made to the way in which applicants can gain points, so that a post-graduate qualification will no longer be essential, and even a person with no formal qualifications can meet the requirements, if their previous earnings are high enough. The initial grant of leave will now be for a two year period, rather than the current three years.
Tier 2: The points table for Tier 2 is being changed as well, so that all applicants in non-shortage occupations need prospective earnings of at least £20,000 to qualify.
New Home Office fees
05 March 2010
The application fee for all categories of application will increase with effect from 06 April 2010.
Tier 4 update: changes announced on 10 February implemented
03 March 2010
Changes announced on 10 February 2010 are to be implemented from today, and will affect Tier 4 migrants. The major changes are:
- it is now only permitted to work for 10 hours per week during term time
- no dependants are allowed if the course is for six months or less
- only dependants of students on courses of degree level or above, or of a foundation degree course, will be permitted to work
This change only affects applications lodged from today and does not affect anyone who has already lodged an applcation, even if they are still awaiting the outcome.
New application forms and guidance
22 February 2010
The UK Border Agency has updated the application forms for Tier 2 and Tier 4, and the guidance for PBS Dependants, all of which are valid from today.
Tier 4 update: major changes
10 February 2010
The government has announced several changes to Tier 4 of the Points Based System, the most significant of which are:
- limiting the amount of time that students may work in term time to 10 hours per week
- forbidding the dependants of students who are studying anything lower than a foundation or undergraduate degree from working
- stricter requirements to demonstrate competence in English
There is no indication of when these changes will come into effect
Tier 4 update: visa letters will not be valid after 22 February
25 January 2010
Visa letters issued by educational institutions will no longer be accepted after 22 February 2010, and applicants from that date onwards will need to have a Certificate of Acceptance of Studies (CAS).
The CAS is a virtual number assigned to a student by an educational institution after the details previously given in the visa letter have been sent to the UK Border Agency online.
Changes to nationality law
06 January 2010
The following changes will come into effect from 13 January 2010:
- Children of commonwealth soldiers serving overseas in the armed forces who are born after 13 January 2010 can register as British citizens
- The children of British citizens by descent can be registered as British up to their 18th birthday
- People born before 07 February 1961 to British mothers can register as British citizens
Identity cards for Tier 2 applicants
10 December 2009
All applicants under Tier 2 of the Points Based System will also need to apply for a biometric identity card. This change will come into effect from 06 January 2010.
Fingerprints checks on arrival in the UK
30 November 2009
All holders of biometric visas will have their fingerprints scanned when they arrive in the UK and matched against the fingerprints given with the visa application.
Changes to the shortage occupation list
12 November 2009
The shortage occupation list suggested by the Migration Advisory Committee has been accepted in full, and will be implemented from 14 December 2009. Jobs in healthcare and engineering have been revised, and special needs teachers have been included on the list. Chefs and secondary school teachers in science and mathematics continue to remain shortage occupations.
The next major revision to the list is due in autumn 2010.
Further changes to Tier 4
30 September 2009
The UK Border Agency has announced that the concession whereby students need to show maintenance funds on the date of application rather than for the 28 day period has been extended until 31 January 2010. This concession applies only to applications lodged from within the UK - overseas applicants now need to show that they have had the money in their account for 28 days before the application.
Applications for leave under Tier 4 made on or after 05 October 2009 will also tie the applicant to the institution that has issued them with a visa letter / Certificate of Application. Anyone wishing to change institutions will need to apply for permission from the UK Border Agency.
Minimum age for partners of PBS migrants
21 August 2009
The UK Border Agency has confirmed that the minimum age for partners of PBS migrants will be 18, and not 21 as is the case in settlement applications.
Tier 4 applications: change to maintenance requirements
21 August 2009
It is no longer necessary for a Tier 4(General) applicant to show that he or she has the required funds available in a personal bank account - it is now permissable to show that the maintenance requirements are met by using funds in a bank account belonging to the applicant's parent(s) or legal guardian. There are additional evidential requirements imposed if such bank accounts are used.
Changes to the Points Based System
07 August 2009
The Home Office announced today that they were making a number of changes to Tiers 2, 4 and 5 of the Points Based System. The principal changes likely to affect individuals are set out below:
Tier 2 - An individual employed under the ICT arrangements must not directly replace a settled worker / changes to the advertising requirements / removal of the requirement that the salary must be paid in the UK
Tier 4 - From 21 August 2009 all students can use a bank account in their parents' name to show that they meet the maintenance requirements
Tier 5 - The changes are largely of a technical nature and do not directly affect individuals
For a limited period caseworkers can, at their discretion, contact applicants and give them the opportunity to rectify minor errors and omissions in their applications. What constitutes a minor error is not defined - individual caseworkers will assess this on a case by case basis. Any additional documents supplied or corrections made when contacted by a caseworker must be done within three working days.
Proposals to extend points system to citizenship
03 August 2009
The government has put forward proposals which will significantly change the way in which people are granted citizenship or the right to live permanently in the UK.
The current system is to be replaced with a system that awards points for economic contributions, skills, contributions to the community and English language proficiency, and takes away points for criminal or anti-social behaviour. The current Knowledge of Life in the UK test is also to be extended to include a two-tier test, the first about practical aspects of life in the UK, and the second about the history and politics of the UK.
This website will be updated regularly as more details of the government's plans become available.
New Act changes the way citizenship is granted
22 July 2009
The Borders, Citizenship and Immigration Act 2009 became law yesterday, but not all parts of the Act are in force yet.
This Act will significantly change the way in which people can settle in the UK in the future. Indefinite Leave to Remain will be replaced by a 'probationary citizenship' status, and people will have to wait longer before they are able to apply to be naturalised as British citizens. There is also a requirement to perform 'prescribed activities' though the Act does not say what these activities are, and they will be identified at a later date by the Secretary of State. This part of the Act is not yet in force and it is likely to be another year before it begins to be implemented.
The only immediate change likely to affect individuals is that the Home Office now has the authority to restrict people who have limited leave to remain from undertaking any studies whilst in the UK.
This website will be updated regularly about the implications of the new Act.
Visa regime extended
01 July 2009
The requirement for all nationals of South Africa, Lesotho and Swaziland to apply for visas in their own country before travelling to the UK comes into force from today.
UKBA states that there will be no amnesty
17 June 2009
For many months now there have been rumours of an amnesty allowing people who are currently illegally in the UK to apply to regularise their position, and a recent report by the London School of Economics outlined the economic benefits of such a step. However, the UK Border Agency stated categorically today that there are no plans to announce such an amnesty.
Changes in processing EEA applications
22 May 2009
The UK Border Agency has announced that from 01 June 2009 they will be looking at all EEA applications as soon as they are received, and will return any incomplete application.
There is at present a considerable backlog in the processing of EEA applications, which, under European law, are supposed to be completed within six months, but which are presently taking well over a year. The UKBA state that they aim to have resolved the backlog by the end of this year.
HSMP Forum Judicial Review - UKBA implements changes
20 May 2009
The UK Border Agency has published details of how it intends to implement the judgment of 06 April 2009. Anyone who was given leave based on an HSMP letter prior to 03 April 2006 is affected.
People who have already been granted settlement can apply for a refund of the extension fee paid, people who were refused settlement can apply for a reveiw of that application, and people who have now been in the UK for four years can apply for settlement without needing to pass the Knowledge of Life in the UK test.
New shortage occupation list
13 May 2009
A new shortage occupation list will come into force from 15 June 2009. This is relevant for applications made under Tier 2 of the Points Based System, which has replaced the old work permit scheme.
Citizenship laws: changes proposed
11 May 2009
A bill currently going through Parliament will allow people born to a British mother and overseas national father before 07 February 1961 to be registered as British citizens. Currently only people born between 07 February 1961 and 01 January 1983 are entitled to be registered as British this way.
Certificate of Approval now free
09 April 2009
As of today the Home Office will no longer charge a fee for the Certificate of Approval application. There is no announcement as yet as to how this will affect people who have already paid a fee for applications lodged previously.
Immigration Fees increased
03 April 2009
From 06 April 2009 the Home Office application fees will increase, as will fees for entry clearance applications.
New visa requirements
01 April 2009
From 18 May 2009 citizens of Bolivia and Venezuela (apart from Venezuelans who hold valid biometric passports) will need to apply for visas before visiting or transiting through the UK. From 01 July 2009 all South African nationals and nationals of Lesotho and Swaziland will also require visas before travelling to the UK.
New Immigration Rules come into effect
31 March 2009
Changes to the Tier 1 (General) and PSW rules announced previously will come into effect from today. The Student category will also cease to exist from today and will be replaced by Tier 4 of the Points Based System.
ID card scheme to be extended
27 March 2009
From 31 March 2009 biometric ID cards will be issued to all successful applicants for an extension of leave in the following categories:
- Academic visitors granted leave for more than six months
- Visitors for private medical treatment
- Domestic workers in a private household
- UK Ancestry
- Retired persons of independent means
- Sole representatives
- Dependents
- Tier 4
Knowledge of Life test - important changes
19 March 2009
From 31 March 2009 applications for settlement where the Knowledge of Life test has not been passed will be refused and the fee will not be refunded - at present such applications are granted as an extension of leave rather than settlement. From 31 March 2009 if the Knowledge of Life test has not been successfully taken then applicants will need to specifically apply for further limited leave.
Changes to PSW Category
18 March 2009
From 31 March 2009 applicants who have studied for post gradudate diplomas and certificates will not be eligible for the PSW category, unless the post graduate certificate is in Education.
Changes to the Points Based System
09 March 2009
The student category is being replaced by Tier 4 of the Points Based System from 29 March 2009. This news item will be updated as further information becomes available.
Citizenship application fees increased
26 February 2009
From 06 April 2009 the fees charged for naturalisation will increase from £655 to £720 for a single adult, and from £735 to £850 for a couple applying together. Registration of minors will now cost £460 for one child, plus another £50 for each additional child.
Changes to Tier 1 requirements
22 February 2009
The Home Office have announced that the minimum requirements for a Tier 1 (General) applicant - the replacement for the old HSMP - are being increased to a Masters degree and a minimum salary of £20,000 per annum. This change does not affect applicants who already have leave in this category or under HSMP and who are applying for extensions.
Immigration fees set to rise
12 February 2009
The Home Office today announced proposed changes to fees charged for immigration and nationality applications. All entry clearance (visa) applications will increase, as will applications for naturalisation as a British citizen. Most applications for an extension of leave will also increase, and there will be an additional £50 for dependant applications under the Points Based System. Please watch this website for updates.
New visa regime announced
09 February 2009
Following its announcement last year about the possible extension of the requirement for visit visas to 11 more countries, the UK Border Agency today announced that from mid 2009 all citizens of Bolivia, Lesotho, South Africa, Swaziland and Venuzuela who wish to visit or transit through the UK will need to apply for visas before travelling. First time visitors to the UK from South Africa will need prior entry clearance - that is, a visa issued in South Africa before travelling - from 3 March 2009.
Tiwanese nationals will not need a visa before travelling to the UK from 3 March 2009.
Changes to how people can settle in the UK
15 January 2009
As the government continues to make sweeping changes to immigration law, the new Borders, Immigration and Citizenship Bill will have its first reading in Parliament today. Once passed by Parliament and given Royal Assent by the Queen, the bill will become law as the Borders, Immigration and Citizenship Act.
The new Act will significantly affect all overseas citizens who wish to live permanently in the UK. Settlement will take much longer, as the government policy is that people must 'earn the right' to live in the UK.
Settlement will be through a three-stage process:
- Categories that eventually lead to settlement (that is, people who are in the UK under an employment category, on the basis of their relationship with someone who is settled here, or as a recognised refugee) will be given 'temporary resident' status.
- After five years as a temporary resident the individual can move on to a new category, that of 'probationary citizen'. The probationary citizen category must be held for a minimum of 12 months, though it may be considerably longer before the individual is able to move on to the next category.
- After successful completion of the probationary citizen category a person may become either a British citizen or a 'permanent foreign resident'. Failure to meet the requirements would, however, result in withdrawal of permission to live in the UK.
As well as limiting or removing access to many benefits, other measure proposed in the new bill include having to pay into a 'local impact fund' to 'offset the cost of immigration on local communities' and to have to prove that positive steps are being taken to fit in to life in the UK, by showing progress in learning English and by 'active citizenship', which has been described as activities such as voluntary work and participating in local activities, such as the school PTA. Serious criminal activity will lead to deportation or failure to ever qualify for settlement, whilst minor offences will slow the process.
Further updates will be posted on this website as they become available.
Tier 4 - update on requirements for students
19 December 2008
The Home Office confirmed that Tier 4, pertaining to students, will begin to be phased in from March 2009, and will be fully operational from autumn 2009, when the sponsor management system will be fully implemented. All students applying for entry clearance or an extension of their leave will need a confirmation letter from their sponsoring college or university until the sponsor management system is operational.
Changes to shortage occupation list
11 November 2008
The Home Office announced today that changes to the shortage occupation list would lead to 200,000 fewer jobs for overseas migrants.
Changes to Immigration Rules from 27 November 2008
04 November 2008
The next major change in the Immigration Rules will take place on 27 November 2008. From that date:
- The rules for visitors will be made more specific, with separate categories for business visitors and various 'special visitor' categories
- The Working Holidaymaker category will end
- Tier 2 of the Points Based System will replace the current work permit scheme
- Tier 5 of the Points Based System will be implemented
- The Retired Person of Independent Means category will end
Student tier to be implemented
30 Octobert 2008
Tier 4 of the Points Based System is to go live from March 2009, and to be fully implemented by autumn 2009.
All colleges and universities wishing to recruit overseas students will need to be registered with the Home Office by March 2009. By autumn 2009, when the system is fully functional, a sponsor management system will be in place whereby institutions are obliged to inform the Home Office if a student fails to enroll, or misses more than 10 sessions.
Tiers 2 and 5 to go live from 27 November
28 October 2008
The current work permit system will cease to operate when Tier 2 of the Points Based System goes live on 27 November 2008. From that date only companies who are included on the Home Office's Register of Sponsors will be able to employ overseas workers. As previously, sponsored workers will continue to need to apply for leave to take up their sponsored employment, either to the Home Office in the UK, or to a British consulate overseas.
Tier 5 will deal with all temporary work categories. The existing Working Holidaymaker scheme, whereby young Commonwealth citizens could spend up to two years in the UK, will cease to exist when Tier 5 goes live on 27 November 2008, and will be replaced by a Youth Mobility Scheme currently open to citizens of Australia, Canada, New Zealand and Japan.
Identity cards for foreign nationals to be introduced.
29 August 2008
The Home Office announced today that from 25 November 2008 all applicants applying as students or the the spouse, civil partner or unmarried partner of a permanent resident in the UK would be issued with an identity card as evidence of their identity and their entitlement to work, study or access public funds in the UK. As well as being shown to potential employers and public services, the identity cards will also need to be produced to immigration officials when entering the UK, along with the national passport endorsed with the leave to remain in the UK.
Points based system - tightening of student rules
30 July 2008
Tier 4 of the new Points Based System is expected to become operational in the first quarter of 2009. When it does, only colleges and universities who are licensed by the UK Border Agency (UKBA) will be able to recruit overseas students, and may lose their licences if they fail to report any students who do not enrol on their course or who stop studying, or who have any unauthorised absences.
Prospective students will have to show that they are sponsored by a UKBA-licensed institution and that they have the means to support themselves and their families for the duration of their studies before they are granted entry clearance.
The Sponsorship Register for Tier 4 opened on 28 July 2008.
Further changes to spouse rules announced
23 July 2008
The UK Border Agency announced today that "tough new measures" are being introduced, leading to major changes in the way foreign spouses are granted entry clearance (a visa).
There are five key changes:
- Minimum age to be raised from 18 to 21 years
- Foreign spouses will have to "enter into an agreement to learn English" before coming to the UK
- Leave to remain can be revoked if the Home Office has evidence that there was an abuse of the rules
- UK sponsors will be required to register their intention to marry overseas before leaving the UK
- Specialist teams will be set up to identify vulnerable people at risk of forced marriages
The date by which these changes will take effect has not yet been announced.
Leave to enter for spouses, civil, unmarried and same sex partners increased to 27 months
22 July 2008
As of today a person who applies for entry clearance to come to the UK as the spouse or partner of someone who is present and settled here will be given a visa for 27 months rather than 24 months. The 'probationary period' - that is, the length of time that the couple must live together in the UK before the foreign spouse can apply for Indefinite Leave to Remain - will still be 2 years.
Previously entry clearance was issued for 2 years, and this meant that if there was a significant delay between the date of issue and the date of travel, the probationary period was not completed by the time the leave expired, so that people had to apply and pay for short extensions to bring them up to the full 2 years before they could apply for Indefinite Leave to Remain.
Extension of visa regime
10 July 2008
The UK Border Agency announced today that citizens of Bolivia, Botswana, Brazil, Lesotho, Malaysia, Mauritius, Namibia, South Africa, Swaziland, Trinidad and Tobago and Venezuela will be required to apply for prior entry clearance - a visa - before they travel to the UK as visitors.
These changes will be introduced from early in 2009 unless the governments of these countries take steps to "significantly reduce the risk they pose to the UK" in terms of abuse of UK immigration law.
Concessions incorporated into Immigration Rules
30 June 2008
The concessions announced on 13 May have now been incorporated into the Immigration Rules.
This means that even when an applicant has previously committed immigration offences there is no mandatory ban in cases where the application is for settlement to join a spouse, partner, proposed partner or other close relative who is settled in the UK, or where the applicant was under 18 at the time that the offence was committed, or has been recognised as a victim of trafficking. Applications can, however, still be refused if the applicant has contrived to 'significantly frustrate' UK immigration law.
Proposed changes to visitor rules
26 June 2008
The UK Border Agency yesterday announced its intention to make significant changes to the way short term visas are issued. Full details about the changes have not yet been announced, but include a new 'sponsored family visit', whereby people settled in the UK - both British citizens and those with Indefinite Leave to Remain - will be able to sponsor family visitors but will face possible penalties of fines up to £5000, a jail sentence, and a ban on future sponsorship if the person they have sponsored fails to leave the UK before their visa expires. Family members coming to visit relatives in the UK will be able to continue to apply as tourists without needing a sponsor, but will have no right of appeal if their visa is refused.
These changes are likely to be introduced early in 2009.
Full implementation of Tier 1
23 June 2008
Tier 1 of the new points based system will be fully implemented on 30 June 2008, replacing eight current employment based categories:
- Highly Skilled Migrant Programme
- International Graduate Scheme
- Fresh Talent: Working in Scotland Scheme
- Businessmen
- Writers, composers and artists
- Innovators
- Investors
- Self-employed lawyers
Any applications made in these categories on or after 30 June 2008 will be invalid. People currently in the UK under any of these schemes will need to apply under the appropriate Tier 1 category for any extension of their leave. These categories will be replaced by four sub-categories of Tier 1 - General, Investors, Enterpreneurs and Post Study Work.
Tier 1 applications can only be made by post.
Mandatory ban - further concessions announced
13 May 2008
The government has announced further concessions to the mandatory refusal of entry clearance to people who have previously breached UK immigration law, or who have used deception in an application.
There will be no mandatory ban where entry clearance is sought for settlement to join a partner / spouse or other family member, where the immigration offence was committed before the applicant was 18 years old, or where the applicant has been recognised by the UK Border Agency as a victim of trafficking.
Work Permit system to be replaced
07 May 2008
In the continuing overhaul of the immigration system, the Home Office announced yesterday that Tier 2 and Tier 5 of the Points Based System (PBS) would be implemented later this year, replacing 30 current work - related categories.
The work permit system will be replaced by Tier 2 of the PBS. Skilled migrants will qualify by getting a minimum number of points over various categories, but also need a confirmed job offer with an employer who is included on the register of sponsors with the UK Border Agency.
The current Working Holidaymaker scheme will be discontinued, as will low skilled employment categories.
Marriage concession withdrawn
25 April 2008
The policy whereby enforcement action is not normally taken against a person who is in the UK without leave, but who has been married to a person settled in the UK for at least two years before the commencement of action, has been withdrawn with immediate effect.
Overstayers given until 1 October 2008 to regularise position
18 March 2008
The new rules announced recently, which make it mandatory to refuse entry clearance to overstayers and others who are in breach of conditions of their leave for periods ranging from 1 to 10 years (see earlier update), will now come into force on 1 October 2008, and not 1 April 2008, as originally intended.
This concession gives people who are in the UK without leave the opportunity to seek legal advice on the options available to them before refusal becomes mandatory.
New Application Forms
08 February 2008
New application forms will come into use from 29 February 2008. Applications made from that date onwards on the old forms will not be valid.
Mandatory Refusal for Breach of Immigration Rules
06 February 2008
Changes to the Immigration Rules will make it mandatory to refuse future applications for a set period of time if the applicant has previously breached UK immigration law.
From 29 February 2008
Any application in which deception is used will automatically be refused.
From 1 April 2008
A set period of automatic refusal is being introduced if an applicant has:
- Overstayed – that is, remained in the UK for longer than permitted
- Entered the UK illegally
- Used deception – for example, by submitting false documents
- Breached their conditions of leave – for example, by working illegally
The use of deception will lead to automatic refusal of all future applications for 10 years.
People who leave the UK voluntarily at their own expense within 28 days of the breach occurring will not be penalised, but in all other circumstances overstaying, entering illegally or breaching the conditions of leave will lead to future applications being refused as per the following schedule:
- For 1 year – if the applicant left the UK voluntarily and at their own expense
- For 5 years – if the applicant left the UK voluntarily at public expense
- For 10 years – if the applicant was removed or deported from the UK
If these changes could affect you, don’t delay. Call us now for confidential advice on your situation.
HSMP replaced by Tier 1 of the new Points Based System
06 February 2008
Tier 1 of the new Points Based System (PBS) is being introduced to replace the current Highly Skilled Migrant Programme.
Applicants will still be required to score 75 points from a combination of educational qualifications, previous earnings, age and UK experience, but in addition will also be required to score 10 points for proficiency in English and 10 points for a reserve of funds available to them. These new requirements are mandatory.
Decision making is being simplified, and a single decision will both accept an applicant as a Tier 1 migrant and grant leave to remain in the UK in this category.
This new system will come into effect from 29 February 2008 for all applications made from within the UK, and on 1 April 2008 for applications from India. It will be rolled out to the rest of the world at an as yet unspecified date later this year.
Working holidaymakers will not be able to switch to this category.
2007
New requirements for educational establishments
As a part of the continuing overhaul of the immigration laws, the government announced on 24 July 2007 that it was introducing a mandatory new requirement for educational establishments who wish to open their doors to international students.
The new points based system (PBS) which comes into effect from early 2009 for Tier 4 (see below) will require all private educational institutions to be accredited by one of four accrediting bodies. Publicly funded institutions and private schools providing education to children up to the age of 16 years are exempt from the requirement to be accredited.
Consultation on new immigration laws
On 6 June 2007 the Minister for Nationality, Citizenship and Immigration, Liam Byrne, announced the start of a consultation process aimed at simplifying UK immigration law.
UK immigration legislation is currently very piecemeal, with 11 Acts of Parliament and a number of Statutory Instruments setting out the law. The ‘Simplification Project’ aims to produce a single, coherent piece of legislation, written in plain English, to replace the current legislation.
The consultation closes on 29 August 2007, and the Home Office state that they intend to bring in the new system from 2008.
The consultation is open to members of the public as well as immigration practitioners, and can be viewed at: www.ind.homeoffice.gov.uk/lawandpolicy/consultationdocuments/currentconsultations
Crackdown on illegal working
The Home Office announced on 15 May 2007 that it was taking new measures to prevent illegal working in the UK.
These measures will come into effect from early next year. New biometric visas will be introduced to prevent people using multiple identities, and foreign nationals living in the UK will be required to have identity cards issued by the Home Office.
‘Rogue employers’ will face unlimited fines and / or a prison sentence if they are found to have knowingly employed anyone who does not have the right to work in the UK, and companies who have been negligent in carrying out checks on the immigration status of their staff will also face increased fines. The level at which these dines will be set, and how they will be imposed, in currently the subject of a consultation.
New Australian-style points system
On 18 April 2007 the Home Office announced a timetable for the new points-based system, which was first discussed in 2006.
The new system, which will be phased in from early 2008, will have five tiers under which people can come to the UK. It will replace the current system of over 80 routes of entry.
Tier 1 will cater for highly skilled migrants and will become operational at the beginning of 2008.
Tiers 2 and 5, which target skilled workers with a job offer and youth mobility and temporary workers respectively, are scheduled to come on line between July and September 2008.
Tier 4, which relates to students, will become operational at the beginning of 2009.
There is no date for Tier 3 as yet. This tier pertains to low skilled workers filling specific temporary labour shortages. |
