News
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. |
