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Interim Limits on PBS visas

29 June 2010

The Secretary of State for the Home Department (Mrs Theresa May) has now provided a written ministerial statement on the limits on non-EU economic migration. As you may know the government's aim is to reduce levels of net migration over the lifetime of this Parliament.

She has commissioned the independent Migration Advisory Committee (MAC) to provide advice to the Government on the levels at which limits should be set for the first full year of their operation and has asked the Committee to provide this advice by the end of September. The Committee intends to consult fully with business and other interested groups in developing its advice and the government plans to implement the first full annual limits for the financial year beginning in April 2011. She has also initiated a consultation that all interested parties can participate in further details can be found here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/consultations/limits-on-non-eu-migration/

In the meantime the government is introducing an interim limit on non-EU economic migrants in two categories which will come into effect from 19 July. As you will see these interim limits only affect a limited range of applications and we are confident that they will not cause serious disruption.

The interim limits are as follows:

Tier 2 (General) Out of Country applications – the number of migrants who can be offered jobs by sponsor employers through Tier 2 (General) will be reduced by 5% of the 2009 level in the period from 9th July 2010 to April 2011, making an interim limit of 18,700. There is no limit imposed on Tier 2 (General) in-country applications or Tier 2 (Intra Company Transfers)

Early indications show that this may be implemented via a restriction on the number of Certificate of Sponsorships that an employer will be allocated, although it is not yet clear how this limit will be monitored. We anticipate that it will not have an immediate impact.

Tier 1 (General) Out of Country applications - this route will be held at the total 2009 figure of 5,400. The Tier 1 routes for Investors, Entrepreneurs and the Post-Study route are not affected, nor are Tier 1 (General) In Country applications.

Also the pass mark for all Tier 1 (General) applications will be increased from 75 to 80 points as from 9 July 2010 – it is our expectation that this will only affect a minority of applications. Applicants with high incomes (in excess of £150,000 per year) will continue to be awarded sufficient points to meet the pass mark.

ECONOMIC MIGRATION – WHICH WAY NOW?

20 May 2010

A recent London Business Leaders Panel survey suggests that immigration is vital to London’s economy, across a range of sectors. For example, seven in ten of the London businesses surveyed stated that the capital would be less competitive without migrant workers, and highlighted the energy, ideas and productivity that the latter bring to business and industry.

Overall, the survey demonstrates that immigration is perceived as crucial to London’s competitiveness, and that migration has a positive net effect on the capital’s economy. Despite recent concern in various quarters about the trends displayed by such statistics, it is undeniable that migrants play a vital role in many industries.

The 2008 introduction of the Points-Based System (PBS) was a key, recent development transforming immigration into more of a business-driven, economic tool. In the light of the recent downturn, the Government has been keen to stress, amidst mounting concern about current levels of immigration, that the new immigration system only permits the residence in the UK of those who have an active economic role to play (be it for work or study purposes), or who have legitimate family or humanitarian reasons for migrating to the UK. Now the new coalition administration is looking to limit non-EU economic migration through the imposition of an annual cap or quota system.

Nevertheless, from the business perspective, immigration is still a crucial means by which skilled or specialist labour can come to the UK and play a part in growing the economy by providing key skills that can not be located from within the resident labour market. How the introduction of a quota system will complement the economic objectives of the current immigration framework is not yet clear, but this is undoubtedly going to be a topical issue in the months to come.

In order to adjust effectively, the UK economy will need new skills and energies both from within the UK and beyond. This can only mean that immigration will continue to play an active economic role well into the future, and that London businesses will have to rely upon helpful legislation and well-founded advice to derive maximum benefit from migration, and the skills and productivity it engenders.

Jones Kelleher is well-placed to offer such advice and assistance in respect of immigration processes and procedures, being well-established and highly experienced in all areas of immigration law. For employers, Jones Kelleher can provide a comprehensive service to cover all aspects of the economic migration mechanisms contained in current legislation, including work permits (or Certificates of Sponsorship as they are now called) and the pertaining sponsorship licences.

For further detail please do not hesitate to contact the Jones Kelleher team on 020 8858 4488 or by email: info@joneskel.com

Changes to Tier 1 and Tier 2

18 March 2010

The UK government has now announced the anticipated changes to Tier 1 and Tier 2 of the Points Based Scheme in response to the Migration Advisory Committee (MAC) recommendations. These changes will be coming into effect in respect of all new applications submitted in these categories on or after the 6th April 2010.

We understand that there will be further detailed guidance to follow in early April, but the significant features of the changes announced are as follows:


TIER 1 GENERAL

The Tier 1 General points table has been amended to permit Bachelor degree holders to apply, but only if they can meet the new, higher, Previous Earnings requirement. The age requirement has also been altered to award points to applicants of up to 39 years of age.

Applicants on higher incomes (on or above £150,000 per year) will automatically be awarded 75 points, with the remaining points coming from mandatory English language and Maintenance requirements.

Initial grants of leave will be for 2 years rather than 3 as at present extensions will be valid for 3 years.

The rule changes will not apply to applicants already in the UK on HSMP visas, or Tier 1 (General) visas issued prior to April 6th 2010. These applicants can extend according to the rules in place at the time their first HSMP or Tier 1 (General) visa was issued.

The Tier 1 points calculator will be adjusted to reflect these changes in due course.


TIER 2 GENERAL

The Tier 2 General points table has changed to give a higher value to a Masters Qualifications and to raise the prospective earnings thresholds. This means that those without a formal qualification will need to have a minimum salary of £28,000 to qualify under the Tier 2 General rules.


TIER 2 INTRA COMPANY TRANSFERS (ICT)

Tier 2 ICT will no longer qualify for Indefinite Leave to Remain. Existing Tier 2 ICT visa holders will be protected

Tier 2 ICT certificate of sponsorship will now only contribute 25 points (down from 30) of the 50 required for the attributes. This means that applicants will need to have a slightly higher combination of qualifications and prospective salary to meet the remaining 25 points. If the employee has no formal qualification then the position must have minimum salary of is £32,000+

Tier 2 ICT will be split into 3 new categories:

1. Established Staff
- 12 months previous experience with employer
- 3 year visa

2. Graduate trainee
- 3 months previous experience with employer
- maximum 12 months visa
- specified graduate occupations only
- structured graduate training

3. Skills transfer
- no previous experience needed with the employer
- specified graduate occupations only
- maximum 6 month visa
- intended as a category to acquire or impart skills and knowledge relevant to their new role.

Transitional arrangements for earned citizenship

23 September 2009

The UK Border Agency has announced transitional arrangements for migrants who will be on the journey to British citizenship when earned citizenship is introduced.

The Borders, Citizenship and Immigration Act received Royal Assent on 21 July 2009. Sections 39-41 and 47-49 of Part 2 of the Act give effect to earned citizenship, which we plan to introduce in July 2011. We will announce the specific date of introduction closer to the time.

As the Borders, Citizenship and Immigration Bill progressed through Parliament, the government listened to the views of both the House of Lords and the House of Commons. The government subsequently agreed the following transitional arrangements:

If a migrant has already been given indefinite leave to remain (also known as settlement) on the date when earned citizenship is introduced, they will automatically be considered to be a 'permanent resident'. They will not need to pay or apply for this to occur. They will be eligible to apply for British citizenship under the current rules during the first two years after earned citizenship is introduced.

If a migrant has applied for indefinite leave to remain before the date when earned citizenship is introduced, and is subsequently granted indefinite leave to remain, they will be eligible to apply for British citizenship under the current rules during the first two years after earned citizenship is introduced.

The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP.

The introduction of earned citizenship has been postponed by six months, to give people time to adjust to the new system and to allow more applicants who are already in the United Kingdom to apply under the current rules. Earned citizenship will now be introduced in July 2011.

All applications for indefinite leave to remain and British citizenship received before earned citizenship is introduced will be dealt with under the current system.

ID Cards

30 March 2009

The UK Border Agency has confirmed that it is to expand the identity cards scheme from 31 March 2009 to several categories of immigration applicants from outside the European Economic Area (EEA).

Identity cards for spouses or partners and students given permission to extend their leave have been in place since November 2008. From 31 March 2009 migrants granted an extension in the following categories will also get an identity card:

- academic visitors granted leave for more than six months
- visitors for private medical treatment
- domestic workers in a private household
- United Kingdom ancestry
- retired persons of independent means
- sole representatives
- dependants where applicable and when applying at the same time
- and those applying for a transfer of conditions

On 31 March 09 the old student immigration categories will also be replaced by the new child student and adult student categories of the points-based system. Anyone applying to extend their stay in the United Kingdom in these new categories will also have to give their biometrics. This includes Postgraduate doctors and dentists who will have to apply in the new adult student category.

ID cards will replace the stamps, stickers and other immigration status documents, enabling those here legally to prove it more easily and giving employers, sponsors and public service providers a simple, more secure way to prove a person's immigration status and eligibility to work, study or access benefits in the United Kingdom.

Tier 1 (General) changes

27 February 2009

The Border Agency has confirmed that as of the beginning of April 2009, the requirements for the Tier 1 (General) scheme, which replaced the Highly Skilled Migrant Programme in 2008, are being altered so as to be more ive.

Applicants will be required to have a qualification that is equivalent to at least a UK Master’s degree before they will gain any points under the 'qualifications' area. Currently, applicants can gain points for a Bachelor’s level degree. From April, this is no longer going to be possible.

In addition, in order to gain any points for previous earnings, applicants will be required to have earned the UK equivalent of at least £20,000 over the twelve months that they wish to claim for.

It is not yet clear whether these new criteria will affect those applying to extend an existing HSMP or Tier 1 (General) visa we consider that is unlikely that it will be a requirement in these cases but await confirmation from the UKBA Policy Section.

We suggest that individuals who are currently considering making an initial application under Tier 1 (General) do so as soon as possible to avoid both the change in rules and the inevitable flood of applications that will likely increase waiting times considerably.

Visa checks for entry to the UK

10 February 2009

Visa checks are to be introduced for five countries after they failed to pass the United Kingdom's strict new Visa Waiver Test. Following the Government's first global review of who needs a visa to come to the United Kingdom, nationals of Bolivia, Lesotho, South Africa, Swaziland and Venezuela will soon need entry clearance to visit the UK. They already need a visa to work or settle in the United Kingdom, as do all nationals of countries outside the European Economic Area, however now they will need to apply for a visa even if they are visiting the United Kingdom for less than six months. In the case of Venezuela, visitors who have new secure fingerprint passports issued since 2007 will be allowed to enter the United Kingdom without applying for a visa.

First-time visitors to the UK from South Africa will need to apply for visas from 3 March 2009, with the full visa regime there and in the other countries coming into effect by mid-2009. The visa regime for Taiwanese passport holders will be lifted as a result of the Visa Waiver Test. This will take effect from 3 March 2009.

Additionally, anyone wishing to travel from Bolivia, Lesotho, South Africa, Swaziland or Venezuela to another country via the United Kingdom will now need a transit visa. The same transit visa requirements have been extended to Jamaican nationals wanting to pass through the United Kingdom.

Identity cards

09 February 2009

Regulations laid before Parliament on 9th February 2009 mean that even more applicants for leave to remain from outside the European Economic Area (EEA) are expected to receive identity cards for foreign nationals. The cards replace the stickers or vignettes in passports.

Subject to Parliamentary approval of the regulations, those applying for further leave to remain in the United Kingdom for a number of categories will be required to provide their biometrics (fingerprints and photograph) as part of their application from 31 March 2009. Now, in addition to students and spouses and civil or unmarried partners of permanent United Kingdom residents and their dependents granted further leave to remain, a further 7 categories including postgraduate doctors, domestic workers and ancestry applicants will come under this process.

In addition, those applying while in the United Kingdom for a transfer of existing conditions from a passport or other such document will also receive an identity card instead of a stamp or vignette, if their application is successful.

Earned Citizenship

01 January 2009

Last year the UK Government published the Green Paper 'The Path to Citizenship: Next Steps in Reforming the Immigration System'. In this document they outline their proposals for changing the way that someone can become a British citizen or remain here as a permanent resident. These proposals are collectively called 'Earned citizenship'. Under these proposals migrants will be expected to pass through 3 key stages and demonstrate certain requirements in order to progress between these. Their aim is to make the journey clearer, simpler and easier for migrants and the public to understand. The three proposed stages are:

- Temporary residence
- Probationary citizenship
- British citizenship/permanent residence

Further information on the implementation of the proposed changes will be announced following parliamentary approval in 2009. Existing arrangements for naturalisation will continue until these proposals come into effect, probably in the autumn of 2009. Another proposed change in the right to British citizenship refers to people born of a British mother. The government plans to introduce an amendment to allow people born before 1961 of a British mother to register under this section. The proposals will be introduced in the Citizenship, Immigration and Borders Bill in December 2008. The Bill will be debated in Parliament from December and so, if this proposal becomes law, it is unlikely to come into effect until late 2009.