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| UK Immigration News and Articles |
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‘Avoid False Documentation, UK Visa applicants advised’ |
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Every year thousands of aspirants apply for UK Visa that will allow them to live, work or study in the UK. United Kingdom remains an attractive destination for Indian Students as some of the educational institutions do not require IELTS.
Also the Points Based System has made the process more transparent to apply for visas. For instance the Tier 1 Visas for General
migrants that encourages professionals with a Master’s Degree or its equivalent to apply for a 3 year renewable visa that will allow them to live and work in the UK. Businessmen and investors can seek to apply under the Tier 1 Investor category if they want to set up businesses in the UK.
Though the points based system is objective it puts a lot of premium on individuals to provide true and fair account of themselves and their credentials. However, according to a recent UK Home Affairs Committee from April to June, nearly 49.1% visa applications from Indian students were rejected due to false documentation. The rejection rate on account of false documents submitted remains high for other categories of UK Visas too.
“UK Visa aspirants must respect the conditions of documentation laid down by the UKBA and the Home Office and follow it in letter and spirit. Any abuse of the system will only serve to make the application process more cumbersome for the genuine applicants” said Falguni Laheru, Senior Solicitor (Immigration), SmartMove2UK.
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Tier 2 Visa Norms Get Tighter |
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The norms for Tier 2 migrants is all set to get tougher, with Home Secretary Alan Johnson accepting recommendations from the independent Migration Advisory Committee.
Some of the changes to the existing rules under the Points Based System for Tier 2 migrants under the Intra Company Transfers category are:
• The threshold of income at which foreign nationals become eligible for a work permit, to be raised from £17,000 to £20,000 pounds a year.
• The qualifying period for the applicant with the company overseas to be extended from 6 to 12 months;
• Jobs to be advertised at the Job centre plus for a duration of four weeks from the current two weeks.
• a separate scheme is created for graduates only which would require 3 months prior experience with the company, but with a maximum stay in the UK of 12 months.
Tier-two workers include those coming to the U.K. to fill a job gap that cannot be filled by a settled worker, intra-company transfers, elite sports people and ministers of religion, missionaries and members of a religious order.
Falguni Laheru, Senior Solicitor (Immigration), SmartMove2UK said that, “traditionally migrants have played the role of a catalyst in jumpstarting economies by bringing in diverse skill, innovation and energy helping in the development of the land they entered, in light of such results, the current tightening of norms are probably not in the best long term interests of the United Kingdom, as the UK is likely to require the drive and enterprise of the immigrants to recover from the current economic downturn.”
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Skilled migrants to have ID cards from April 2010 |
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The Home Secretary announced the speeding up of the roll out of ID cards for skilled migrants to enable them to benefit from a secure and simple way to prove their entitlement to live, work and study in the UK. While at the same time it will dissuade the illegal migrants to benefit from the privileges of living in UK.
Since their introduction, 90,000 cards have been issued, mainly to students renewing their visa under Tier 4 of the points based system and those renewing marriage visas. From January 2010, skilled foreign workers under Tier 2 of the Points-Based System will be issued ID cards.
Skilled migrants renewing their visas to stay in the UK will be issued with an ID card from the New Year. The roll-out has been brought forward from April 2010 and will add around 30,000 foreign nationals a year to those currently being issued with identity cards. |
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UK Immigration Rules for Sole Representatives and Representatives of Overseas Media Businesses Amended |
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The UKBA announced changes to the Immigration Rules that will be effective from 1st October 2009. Among the changes announced is the change to the current criteria for the admission of representatives of overseas businessescoming to the United Kingdom for the purposes of establishing a branch of that business. These changes will also re-introduce provision for representatives of overseas media businesses.
The amends for the sole representative and for representatives of overseas media businesses require that the applicant is competent in English language at least to a basic user standard.
In the case of sole representatives, it will be required that the branch which the overseas worker will establish must be concerned with same type of business activity as the overseas business; and the provisions for representatives of overseas businesses will cover employees of an overseas newspaper, news agency or broadcasting organization posted on a long-term assignment to the United Kingdom.
Those admitted under the revised provisions for representatives of overseas businesses will be admitted for an initial period of up to three years, and will be able to extend their stay for a further two years.
Those who have applied for entry clearance before 1 October 2009 will be considered under the criteria in force on 30 September 2009. Nor will the new requirements for sole representatives apply to sole representatives admitted under the previous rules and seeking an extension of stay after 1 October 2009.
If you need any immigration advice or help with Living and working in UK, Studying in the UK, Settlement Visas, Citizenship, Sponsorship, extending Work Permits, Tier 1 Visas or an appeal against a refusal please email:
info@smartmove2uk.com or visit www.smartmove2uk.com |
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UKBA announces new policy announcements for Tier 4 of the points-based system |
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In line with 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.
From October 2009, Tier 4 applicants will 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. For the students who are already in the United Kingdom transitional arrangements have been made, under which 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 will still be required to provide correct documents to support their application.
Also from 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 bringing Tier 4 visas in line with other tiers of the points-based system. The sponsor’s reference number will now be sited on the passport or on their identity card for foreign nationals.
Falguni Laheru, Senior Solicitor (Immigration), SmartMove2UK further advises that “Students wishing to change education providers must consider the changes to the Tier 4 rules and plan in advance so that the entire process can be handled in a seamless and stress free manner and avoid the students falling foul of UK Visa regulations.”
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Changes to the new versions of application forms from October 2009 |
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A Commerce and Industry delegation from India to the UK is presently in the UK to discuss the possibility of a bilateral social security agreement with UK to protect the interest of large number of Indian professionals working in UK by securing exemption from social security contributions in case of short term contracts.
India exports around 3.5 billion dollar worth of services to UK which includes services like transportation, health, IT and other business services. Indian professionals are required to pay nearly 30 to 40 per cent of their earnings to social security schemes without any commensurate benefits.
Other issues raised by the delegation include the raising of academic and financial requirements for Tier 1 of the Points Based System for highly skilled migrants.
The trade body delegation is expected to push for fast track registration of Indian medical personal in UK and to have Mutual Recognition Agreement (MRA) with India in health services.
Other issues of concern to Indian business like stringent standards for agriculture and food items in UK would also be taken up by the delegation.
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Efforts on to make Indian services suppliers to the UK more competitive |
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| In addition to the changes to the visa regulations the UKBA has also announced new versions of the application forms for the following visa categories to be used from 1st October 2009. The details of the forms are |
| Form |
Previous version |
New version |
| Tier 1 (General) |
04/09 |
10/09 |
| Tier 1 (Entrepreneur) |
04/09 |
10/09 |
| Tier 1 (Investor) |
04/09 |
10/09 |
| Tier 1 (Post-Study Work) |
04/09 |
10/09 |
| Tier 2 |
04/09 |
10/09 |
| Tier 5 (Temporary Worker) |
04/09 |
10/09 |
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| SmartMove2UK is an independent consulting company specialising in UK immigration , UK work permit and UK Appeal applications
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Students shift focus to UK and Canadian Universities |
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The recent attacks on the students in Australia are already starting to have an impact on the prospective students who were or are contemplating studying abroad. Currently USA, UK and Australia are the top destinations from students seeking higher education abroad. With smaller proportion of students also considering Canada, Singapore, Dubai and New Zealand.
However given the depressing macro economic climate in the USA and the racial tensions in Australia are leading more and more students to reconsider their decisions to study in these countries. There is strong preference for traditional destinations like UK and Canada which on several counts work out to be cheaper options for the students.
In a series of moves aimed at limiting damage, the Australian Higher Education authorities have adopted more stringent measures like CCTV surveillance, 24 hour security on campus, ensuring well lit areas and incident reporting of any adverse events. |
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Amendments to UK Tier 4 Immigration forms for students introduced |
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The UK Immigration authorities have released a new form effective from June 2009 for individuals applying for UK Student Visas under the Tier 4 of the Points based system.
As part of the changes the transitional arrangements now require the Tier 4 aspirant to prove that they have adequate funds to meet the Tier 4 student visa requirements on the day of their application, as against the 28 days prior to application required earlier. These arrangements are to be in place till 30th September 2009.
In other changes the Tier 4 student visa application forms have been amended to take in to account the different levels of funding required by the applicants depending on their location. Specifically in context of funds required if they are in inner London or studying in outer London areas. The requirement for maintenance funds would be higher for applicants undertaking courses in Inner London (£800 per month) as compared to those undertaken courses in Outer London that will have a lower level of maintenance funds (£600 per month).
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Ageing population may force UK to relax visa restrictions by Hemang Laheru |
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In today’s turbulent times while most developed economies move towards protectionism and visa restrictions on migrants to protect national job markets, the changing demographic profile of the local populations is more than likely to force countries like UK to rethink their immigration policies.
UK Population statistics indicate that UK has a large number of people in the mid-to late-40s compared to the population in the younger age groups. New research also indicates that UK birth rates affect immigration levels: historically, when fewer babies are being born, more migrants move to the UK; when the birth rate increases, emigration exceeds immigration. In the UK like in Japan as the older people retire over the next 15-20 years, the demand will have to met by migrant workers.
While the UK Home Office has moved to reduce its immigration program to protect the jobs of local workers during the recession. Most people agree that in a short while the Points Based System would have to be made more inclusive so as to facilitate entry of skilled workers to take over from a retiring population.
For instance in highly specialized medical arena where Doctors need to undertake anywhere between 5 – 8 years of training, the UK government will have to find ways of providing alternate healthcare should they choose to continue their current immigration policies.
Presently there have been significant changes in Tier 1 visas for skilled migrants that now requires applicants to have at least a Masters' degree and a minimum salary of £20,000 in order to qualify for a Tier 1 skilled migration visa. This could possibly have a impact on the shortage of Doctors as the requirement of a Master’s degree prevents qualified Doctors from applying under the Highly Skilled Migrants Program Program since a medical degree is only classed as a Bachelor’s degree.
The norms for Tier 2 Visas for Points Based System with job offers now also require the employers to advertise vacancies in UK Job centres before offering positions to non EU nationals. Meanwhile Tier 3 has been suspended until further notice, and several countries have been removed from visa-waiver programs.
However, there is a small minority that is of the view that in light of the adverse population statistics and slow fertility rates it is imperative that the UK maintains its reputation as a good place to live so as to attract skilled and younger foreign workers in order to uphold the future of the economy.
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Points Based System needs to be more inclusive |
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Falguni Laheru Senior Solicitor Immigration at SmartMove2UK said that while UK Government’s Points Based System was an effective system, it needed to be more inclusive to the needs of specialist industries that require creative minded resource. The restrictions of the points based system are impacting or are likely to impact industries as diverse as game developers to performing artists to medical fraternity.
She cited the research released by a UK Trade association of games developers that shows almost 63% of game developers had found it difficult to fill vacancies in their organisation’s workforce over the previous 12 months.
The game developers reporting skill shortages found it particularly hard to fill vacancies for programmers, artists and designers. The PBS for regulating migration to the UK gives preference to highly skilled migrants who are entrepreneurs, innovators or financially well heeled or high end research and engineering professionals. Often companies who are involved in the creative industries like hospitality and games development.
The current system could also lead to a shortage of Doctors as the requirement of a Master’s degree prevents qualified Doctors from applying under the Highly Skilled Migrants Program Program since a medical degree is only classed as a Bachelor’s degree.
The changes will also adversely impact medical students disallowing student doctors who have been studying in the UK for up to seven years to work in the NHS or privately, on completion of their course.
The new system for UK Visas also presents a challenge for performing arts group as it is now much difficult for performing artists to obtain Points Based System under the new Points Based System.
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Genuine overseas students 'denied entry to UK |
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'Great suspicion' of foreign students by UK Border Agency is risking cashflow for higher education, complain business school leaders.
The enforcement of complicated new visa laws are deterring overseas students who bring billions of pounds to the UK economy, business school leaders have warned.
The government introduced a Points
Based System for non-European students on 31 March to prevent terrorists from entering the country, and to crack down on bogus colleges.
Almost three quarters of the 340,000 overseas students studying at UK universities in 2007-08 were non-EU nationals. As the pound is weak thousands more are expected to apply to study here.
The British Council estimates international students are worth more than £8.5bn to the UK economy.
But as universities recruit for next year there is growing alarm that UK Border Agency officials are incorrectly interpreting the rules and rejecting genuine students, threatening a huge source of revenue when the UK is already in financial crisis.
Officials from the umbrella group Universities UK are meeting with the Home Office this week to raise the issue of lengthy delays and inconsistencies in visa decisions for students and staff.
Rather than focusing on fraudulent applications, officials are making decisions based on photo backgrounds and addresses written in the wrong order.
Problems will become increasingly serious for institutions as their recruitment cycle peaks in July and August and students are left unable to start courses in September.
Prof Andrew Clare, associate dean of Cass Business School, said the rules were already having an effect. "This is a one shot game – students don't get a second try if there's a mistake on their application form," he said.
In one case an application was rejected because a copy of a degree certificate from 20 years ago had been submitted, rather than the original.
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UK Border Agency fines UK Employers for hiring illegals |
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UK Border Agency has carried out a series of raids on UK establishments that hire illegals. In May, a Chinese restaurant in Colchester was fined £ 96,000 the biggest ever handed down by a court in Britain for employing illegal workers from Malaysia, China and Indonesia.
The raid by the UK Border Agency and Police authorities follows similar raids on establishments in other parts of the country.
A spokesman for the UK Border Agency confirmed that three people were arrested in the raids on suspicion of being illegal immigrants. The owners of the restaurants face a potential £10,000 fine for each illegal worker found.
Gail Adams, the UK Border Agency regional director for the Midlands and East of England, said the record fine sent a clear message that both the agency and the court would not tolerate hiring of illegal workers.
Falguni Laheru, Senior Solicitor Immigration SmartMove2UK adds that UK employers need to be more diligent in reviewing the paperwork of their immigrant employees, and if there are any doubts they can get additional information from UK Border Agency.
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HSMP Forum judicial review: arrangements resulting from the judgment of 6 April 2009 |
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The UK Border Agency has put arrangements in place for migrants covered by the judgment of 6 April 2009 in the judicial review brought by the HSMP Forum Ltd.
The judgment relates to the 'continuous residence’ requirement for migrants who want to settle (or be given 'indefinite leave to remain') in the United Kingdom. It covers migrants who were sent a Highly Skilled Migrant Programme (HSMP) approval letter on the basis of applications made before 3 April 2006, and who obtained entry clearance or permission to stay in the United Kingdom (also called 'leave to remain') on the basis of that letter.
The arrangements are set out in a policy document and in the HSMP Forum judicial review (settlement in the United Kingdom) section of this website. |
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Immigration and asylum statistics released |
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A series of immigration statistics covering migration from Eastern Europe, asylum applications, removals and voluntary departures were published by the Home Office this May revealed that work applications from the eight accession countries have fallen to their lowest level since they joined the European Union (EU) in 2004, according to the latest Accession Monitoring Report.
In the first three months of 2009 there were 23,000 applications down from 48,755 in the same period in 2008. The decrease is mainly explained by a drop in Polish applicants, which fell to 12,000 in the first quarter of 2009 from 32,000 in the same period in 2008.
Phil Woolas claimed that these statistics reveal a balancing of immigration as more Eastern Europeans are now leaving the UK to return home. Indicating the increasing prosperity in post Soviet Eastern Europe.
In addition the control of immigration statistics show that between January and March this year 15,840 people who had no right to be here were removed from the country or departed voluntarily. In the same period in 2008 16,760 people were removed or departed voluntarily. |
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