News archive

28 October 2008

The new 5 tiers of the Points Based System (PBS) for UK migrants is coming closer to full implementation with the UK Government announcing the go-live date for Tiers 2 and 5 of the new PBS, which cover skilled and temporary workers. These will come into effect on 27 November 2008– sweeping aside around 30 previous schemes, including the old work permit system and, once fully implemented these Tiers will replace all the existing application processes for UK visas.

The full system will eventually comprise of the following Tiers:

• Tier 1 : Highly skilled individuals to contribute to growth and productivity - in force since July 2008.
• Tier 2 : Skilled workers with a job offer to fill gaps in UK labour force – in force from 27 November 2008. Any UK employer wanting to sponsor a migrant worker from 27 November must first apply for a Sponsorship Licence.
• Tier 3 : Limited numbers of low skilled workers to fill specific temporary shortages- no planned start date.
• Tier 4 : Students - planned to come into effect in spring 2009.
• Tier 5 : Youth mobility and temporary workers (including Working Holidaymakers) - in force from 27 November 2008.

The five tiers have different conditions, entitlements and entry-clearance checks. Tiers 3 and 5 are temporary routes and migrants in them will not be able to switch out of them once they are in the United Kingdom. Tiers 1 and 2 will potentially lead to settlement if settlement requirements are met at the time of that application.

The Points Based System does NOT affect the current rights of EEA and EU nationals to work in the UK. Also individuals with current permission to work in the UK are not affected by the new PBS unless they wish to extend their existing permit or switch to another immigration category.

01 August 2008

The UK Home Office has published proposals for much tighter rules for foreign students - and the universities and colleges hosting them - under the student tier of its new Points Based System.

All colleges and universities that want to recruit foreign students will now need a license to do so and will have to take greater responsibility for their international students. For the first time education providers face a ban on bringing over international students if they fail to follow strict new rules - including alerting the UK Border Agency (UKBA) if students fail to enroll.

The sponsorship register for colleges and universities opened for applications this week. Students will also face stringent new criteria if they want to study in the UK. Before they can study here, foreign students must be sponsored by a UKBA-licensed education institution, prove that they have the means to support themselves (and any dependent family members)while studying here and supply their fingerprints.

Visas will only be granted to students who show a proven track record in education and are applying for a course that meets a minimum level of qualification.

Students on courses for longer than 12 months will have to show they have sufficient funds to pay their first year of fees, plus £9,600 to cover their first year in the UK. Students wishing to bring their dependents with them will need to show they have a further £535 per month for each person they bring.

Earlier this year the Government announced a special visa category allowing successful international students who have graduated from a British university to work in the UK for up to two years after they have obtained a Tier 1-Post Study Work visa

28 July 2008

Information on the new Points Based System (PBS)

The government’s UK Border Agency (UKBA) has now launched the new five-tier Points Based System (PBS) which is set to be rolled out over a period of time.

The full system will eventually comprise the following Tiers:

• Tier 1: Highly skilled individuals to contribute to growth and productivity
• Tier 2: Skilled workers with a job offer to fill gaps in UK labour force
• Tier 3: Limited numbers of low skilled workers to fill specific temporary shortages
• Tier 4: Students
• Tier 5: Youth mobility and temporary workers

Once fully implemented these Tiers will replace all the existing application processes for UK visas. Tiers 1 and 2 are the initial ones to be introduced; Tier 1 was fully implemented on 30 June 2008 and Tier 2 is programmed to be rolled out from November 2008. Applications for employers to become Licensed Sponsors for Tier 2 of the PBS have opened.

The Points Based System does NOT affect the current rights of EEA and EU nationals to work in the UK.

The PBS places greater emphasis on the accountability and responsibility of sponsors in selecting the non-EEA nationals they bring to the UK. Under the Tier 2 immigration structure, employers are responsible for ensuring that candidates are eligible and suitable to fill the positions being offered and as an organisation, they may be subjected to immigration compliance checks with or without prior notice.

TIER 1 (Now in operation)

Tier 1 will be comprised of 4 categories (General, Investor, Entrepreneur and Post–Study).

Tier 1 (General) replaces the Highly Skilled Migrant Programme (HSMP) with addition requirements for knowledge of English and proof of sufficient funds.

Tier 1 (Post Study Work) replaces the International Graduate Scheme and the Fresh Talent in Scotland Scheme. Newly graduated students who have a valid UK Student visa can apply to switch to a 2 year visa that will permit them to work in the UK for any employer. This is intended as a ‘bridge’ to give the individual a chance to either qualify for a Tier 1 (General) visa or gain sufficient experience to enable them to be offered a suitable position by a UK employer under a Tier 2 (General).

Tier 1(Investor) and Tier 1(Entrepreneur) retain the same basic requirements as before and are intended for suitably qualified individuals rather than being employer based.

TIER 2 (Being introduced November 2008)

Tier 2 will replace the current work permit scheme and will be translated into a points based format with points being given for attributes such as qualifications, salary, and a job offer. Tier 2 applications will require the UK employer to issue their prospective overseas employees with Certificates of Sponsorship prior to an application being made.

Tier 2 is split into four categories: Tier 2 (General) Skilled Worker; Tier 2 (Intra-Company Transfer - ICT); Tier 2 (Sports People); Tier 2 (minister of Religion).

Of these four only the fist two are likely to be relevant to most UK employers:

Tier 2 (General) – an application to obtain a Tier 2 General work permit will require similar requirements to the present work permit system but with the added requirements of proof of knowledge of English and proof of sufficient funds available to the applicant to maintain themselves.

Tier 2 (Intra Company Transfer) – as at present the applicant must have been working for the sponsor’s company abroad for at least 6 months and no test of the resident workforce (advertising) will be required. If the ICT application is for less than 3 years (which is the maximum) then proof of knowledge of English is not required, although proof of sufficient funds will still be required.

In preparation for Tier 2 of the PBS being introduced in November 08, the UKBA is now inviting UK employers to become Licensed Sponsors.

These Certificates of Sponsorship will be ‘virtual’ documents issued by the employer through the on-line Sponsor Management System and a UK employer will only be able to issue a Certificate of Sponsorship if they are a Licensed Sponsor. Therefore all employers who wish to apply for a Tier 2 permit must register with the UKBA before they can apply for a work permit.

How can Jones Kelleher & Associates help?

As you see the Points Based System will make a major change to the way immigration to the UK is controlled. As with all new schemes it will take time for all the practicalities of applying the rules to emerge, however we at Jones Kelleher & Associates are committed to assisting you in making the transition to the new system and ensuring the impact on your company is minimised.

We can help by assisting in assessing employers’ processes for compliance with the new, acting as an employer’s Level 1 and/or Level 2 user under the Sponsor Management System.

For further information on how we can assist you and for specific information on workshops and our fee structure please contact either Annette Wright or Bridget Edward on 020 8858 4488 or though contacts on our website.

23 June 2008

On Monday 30 June 2008, the Tier 1 of the UK government’s new points-based system will open globally. On that date they will complete the roll-out of Tier 1 (General) worldwide and introduce the Tier 1 (Entrepreneur), Tier 1 (Investor) and Tier 1 (Post Study Work) categories.

Tier 1 will replace eight existing immigration categories. The categories that will be replaced are:

• the Highly Skilled Migrant Programme (HSMP);
• business people (persons intending to establish themselves in business);
• Fresh Talent: Working in Scotland Scheme;
• International Graduates Scheme;
• innovators;
• investors;
• self-employed lawyers and writers;
• writers, composers and artists.

Any applications submitted under these categories on or after the 30 June 2008 will be returned to the applicant and will be considered as invalid. Anyone currently in the United Kingdom under one of these categories who wishes to extend their stay will need to apply under the appropriate Tier 1 category of the points-based system when their existing permission to stay ends. All Tier 1 applications must be made by post; it is not possible to make your application at a public enquiry office.

Tier 1 of the points-based system covers highly skilled migrants. The tier will consist of four sub-categories:

• Tier 1 (General) formerly for HSMP applications
• Tier 1 (Investors);
• Tier 1 (Entrepreneurs);
• Tier 1 (Post Study Work).

Information about the sub-categories other than Tier 1 (General) should be published on the Borders & Immigration website on 30 June 2008.

04 March 2008

Information on the new Points Based System (PBS) for Employers

On the 29th of February 2008 the UK Government’s Border & Immigration Agency (BIA) launched the new five Tier Points Based System (PBS) which is set to be rolled out over the next 18 months or more.

The BIA guidance document has only recently become available and we have drafted this letter based on our understanding of the new requirements, exact details of how the scheme works may change slightly over time. This news sheet therefore sets out the general requirements that will be required for Tier 1(General) applications, Tier 2 sponsor licence applications, what employers must do to meet the new requirements and how Jones Kelleher & Associates can assist with the process.

Once fully implemented the five Tiers will replace all the existing application processes for UK visas. Tiers 1 and 2 are the initial ones to be introduced; currently only Tier 1 has been partially implemented and applications for employers to become Licensed Sponsors for Tier 2 of the PBS have opened.

The PBS system does NOT affect the current rights of EEA and EU nationals to work in the UK.

Tier 1

Tier 1 will be comprised of 4 categories (General, Investor, Entrepreneur and Post–Study) and currently only Tier 1 (General) has begun.

Tier 1 (General) is set to replace the current Highly Skilled Migrant Programme (HSMP). For those applying in the UK the HSMP no longer exists and so these individuals will have to apply under the Tier 1 (General) category of the PBS.

At present only existing HSMP visa holders based within the UK who are due to apply for extensions and individuals currently in other immigration categories that allow switching are able to switch into the Tier 1 (General) within the UK.

Tier 1 (General) is not yet available for people wishing to apply from outside of the UK; they must still apply under the existing HSMP scheme.

From the 1st of April 2008, people applying from India will be the first ‘out of country’ group to be eligible to apply under Tier 1 (General) with the expectation that other counties will be phased onto the Tier 1(General) system over the coming months. The Border & Immigration Agency have indicated that Tier 1 (General) will be fully implemented and HSMP will be phased out completely by the end of the summer 2008.

Tier 2

Tier 2 will be split into 7 categories including Tier 2 (General) – Skilled Worker and Tier 2 (Intra-company Transfer - ICT).

In preparation for Tier 2 of the PBS (which is planned to be introduced in the autumn of 2008) BIA is now inviting UK employers to become Licensed Sponsors.

Tier 2 will replace the current work permit scheme and will be translated into a points based format with points being given for attributes such as qualifications, salary, and a job offer. In addition, Tier 2 applications will require the UK employer to issue their prospective overseas employees with Certificates of Sponsorship prior to an application being made.

These Certificates of Sponsorship will be ‘virtual’ documents issued by the employer through the on-line Sponsor Management System and a UK employer will only be able to issue a Certificate of Sponsorship if they are a Licensed Sponsor. Therefore all employers who wish to apply for a Tier 2 permit must register with the BIA.

Key points for Licence Application by Employers (Licensed Sponsors)

• The BIA registration fees for employers are £300 if you are a small sponsor and £1,000 if you are a large sponsor -a small sponsor is defined as a company or business having usually less than 50 employees, or if they are a charity. Sponsors will not need to pay a duplicate fee if they have already applied to become a sponsor under one category of a specific tier. i.e. if they have already applied under Tier 2 (General) – Skilled Worker and then wish to apply to register under Tier 2 (ICT)
• Sponsors can register either as a single entity, as a head office (responsible for a group of offices) or as an individual branch. If they decide to register each branch an application and registration fee will be required for each one.
• License applications can only be made electronically and must be followed up with certified copies of required documents within 10 working days
• The actual applications to register must be made by the prospective sponsor rather than their representative, although representatives such as Jones Kelleher & Associates may prepare the application
• Licence applications may also involve a premises visit by BIA to confirm details submitted with the application
• The sponsor must nominate a Key Contact and Authorising Officer, which can be the same person. They can also nominate a single level 1 user and multiple level 2 users
• The Authorising Officer (AO) is responsible for the sponsor licensing application and will be ultimately responsible. They must be a permanent UK employee of the company and cannot be a representative. The AO cannot be an un-discharged bankrupt
• The Key Contact will be the person who will act as the main point of contact between the BIA and the sponsor for issues such as application form errors and payment queries
• The Level 1 User can add other users, and operate activities on a day to day basis, assigning certificates. A Level 1 user may be a representative such as Jones Kelleher & Associates
• The level 2 User may assign certificates, report migrant activity and may be also be a representative
• When applying for a licence the sponsor will have to indicate how many certificates they will require for each category and sub-category (including any anticipated extension applications) for the coming year. The BIA will then set a limit for that sponsor taking into account the sponsor’s track record, type of business, size of business and duration of trading. The sponsor can ask for an increase in certificates and the BIA will consider this
• Each sponsor will have a review point, usually once it has nearly issued it’s allocation of certificates
• A Certificate of Sponsorship for an employee can be cancelled at anytime by the BIA if they have good reason. If the migrant was not involved in the reason for the certificate being cancelled then their permission to be in the UK will be reduced to 60 days to allow them to find a new employer. If they were involved in the reason for the permit being cancelled then their leave will be curtailed immediately
• A licence will last for 4 years following which an employer can apply to renew their licence. An employer must continue to hold a licence for as long necessary to cover any existing migrants working for them, even if they do not intend to make any new applications for certificates
• If the sponsor company is taken over, then the new company will need to apply for a new licence within 28 days of the takeover. If the new company is already a registered sponsor then the BIA must be informed of the takeover.

Employers’ sanctions

In conjunction with the PBS the BIA have introduced the Immigration Asylum & Nationality Act 2006. From 29 February 2008 this introduced:

• broader strict liability civil offences
• limited criminal offences
• civil offence of employing someone subject to immigration control who is not entitled to undertake the work
• statutory defence of having performed prescribed checks
• max £10,000 fine per illegal employee
• A responsibility on employers to check all employment documents every 12 months

How can Jones Kelleher & Associates help?

As you see the Points Based System will make a major change to the way immigration to the UK is controlled. As with all new schemes it will take time for all the practicalities of applying the rules to emerge, however we at Jones Kelleher & Associates are committed to assisting employers in making the transition to the new system and ensuring the impact on your company is minimised. We can help.

04 March 2008

New rules for highly skilled workers came into effect on 29th February 2008 to run alongside the existing Highly Skilled Migrant Programme. From now, anyone in the UK wishing to switch or extend their status into the highly skilled category must apply under the Tier 1 (General) rules. Individuals outside the UK, with the exception of Indian nationals, will continue to apply under the HSMP scheme for the present.

Tier 1 is a points-based system and applicants must now meet pass marks in three separate points scoring areas; in effect it is now necessary to obtain 95 points to qualify to apply for a Tier 1 (General) permit. You must score at least 75 points for attributes (age, qualifications, previous earnings and UK experience) plus another mandatory 10 points for English language ability and further 10 mandatory points for available funds.

The attributes assessment follows along the same lines as the HSMP criteria with the removal of the automatic 75 point scoring MBA provision. Evidence of English language ability now carries an award of 10 points and nationals of majority English speaking countries (as defined by the Border and Immigration Agency) are awarded these automatically. Applicants must also show that they have sufficient funds to support themselves – presently this figure is £800 and is assessed against bank accounts over a three month period immediately preceding the date of the application. The balance of the account is not permitted to fall below £800 at any time during these three months.

Initially, Tier 1 applicants will be given leave to remain for a period of three years. A successful extension application will bring a grant leave for a further two years. The Home Office fee is now £750 for both the initial and extension applications.

We will be adding a Tier 1 (General) points calculator on our website in the near future. In the meantime please use the HSMP calculator to assess whether you score 75 points or more and we can advise on the the two new requirements for Tier 1 (English language and Maintenance) as appropriate.

12 February 2008

New Points Based System (PBS)

The regulations will start coming into force on 29 February 2008 when any Highly Skilled Migrant Programme (HSMP) permit holders currently working in Britain who want to extend their stay will need to apply under the new system. This relates to existing HSMP permit holders (who have had to qualify for initial HSMP and extensions under the points systems since November 2006 anyway). We understand that individuals who are eligible to switch to HSMP from within the UK (e.g. work permit holders) will in future make a combined HSMP and Further Leave to Remain (FLR) application.

In April, the new system will begin to be rolled out overseas when anyone from India who wants to work in the UK as a highly skilled migrant (HSMP) will need to apply under PBS directly to the British High Commission in India. By the summer all new HSMP applications worldwide will have to be made at a relevant British diplomatic mission.

The announcement follows the completion in January of the Border and Immigration Agency’s global rollout of fingerprinting for all visas. Now every person in the world applying for Entry Clearance to come to the UK on a visa has their fingerprints taken and their details checked against watch-lists – if they’re on the list for the wrong reason they can’t come in and could be banned from applying to come again for up to 10 years.

27 November 2007

The Home Office has produced a 'Statement of Intent' providing general information about the new points based system for work permit and student visa which they intend to start introduce from 2008.

In summary, it is intended that anyone wanting to come to the UK under the Points-Based System (PBS) will need to show that he or she has enough points to qualify. Points can be earned in different ways- e.g. for qualifications and earnings. However, before he or she is even eligible to apply, the migrant will require a sponsor (other than in the highly skilled tier of the PBS, known as Tier 1).

The sponsor will be a business or college in the UK that wishes to employ the migrant, or has accepted him or her onto a course. In order to become a sponsor, the organisation will need to be licensed by the Border and Immigration Agency. Under PBS, the existing 73 routes under which migrants can apply to come to the UK to work or study will be transformed into five overarching categories, known as "Tiers", each of which will have a small number of sub categories. Migrants in the part of PBS that caters for highly skilled migrants (known as Tier 1) will not need a sponsor, but all other PBS migrants will.

Everyone wanting to come to the UK under PBS will need prior entry clearance, which they will not be allowed to apply for without a certificate of sponsorship. However, a sponsorship certificate in no way guarantees that a visa will be issued. If an application, and the documents supporting it, cannot be independently verified, that application will be refused.

All migrants allowed to come here will eventually need to obtain a biometric identity card, so the Home Office know exactly who they are and what they are entitled to do. As a condition of keeping their licence, sponsors will need to alert the Home Office if migrants do not comply with their immigration conditions- for example if they disappear or do not turn up for their job or course. Any sponsor that does not comply with this requirement will risk losing its licence.

There will be 4 tiers:

• Tier 1 - Highly Skilled Migrant Programme (HSMP) (to be introduced in Spring 2008)
• Tier 2 - Employer sponsored work permits for skilled workers (planned to be introduced in Autumn on 2008)
• Tier 3 - Employer sponsored work permits for unskilled worked - (no planned start date)
• Tier 4 - Student visas (planned for Spring 2009)
• Tier 5 - Voluntary workers, religious person, temporary creative and sporting workers etc.(planned for Autumn 2008)

Information on application forms etc are not yet available. Jones Kelleher & Associates can advise on these matters in more detail as information becomes available from the government.

Full details can be found here.

01 May 2007

As from 01 May 2007 the International Graduates Scheme (IGS) replaced the Science and Engineering Graduates Scheme. It enables non-EEA students who have successfully completed and obtained a degree, Master’s degree, PhD, or postgraduate certificate or diploma on or after 1 May 2007 to work in the UK for up to 12 months upon completion of their studies.

IGS is a transitional route which enables students who have studied in the UK to access the labour market and gain work experience in the UK.

Applicants may switch into the scheme whilst in the UK if they have valid leave as a student. This includes leave as a student, a student nurse, to re-sit an examination, or to write up a thesis. To apply for the scheme whilst an individual is in the UK with leave as a student, they should get the Home Office form FLR(IGS).

Alternatively they can apply to return to the UK from abroad under the scheme no later than one year after they complete their course (as shown by the date your relevant leave as a student expires). Entry clearance is mandatory for those returning to the UK under the scheme.

During their leave under IGS participants can take any type of employment or self-employment. If they want to remain here beyond their leave under IGS in order to pursue their career, they can switch into various employment or self-employment categories (such as work permit or HSMP) if they can meet the relevant requirements.

08 March 2007

The Home Office have announced increases in their charges for all immigration applications as from the
1st April 2007.

You can find details of these new charges on the
Home Office website.

14 November 2006

The Government has announced that it will provide workers from Bulgaria and Romania with gradual access to the United Kingdom's labour market post-Accession. In order to do so, the Government will bring forward secondary legislation that will place restrictions on nationals of those countries access to the labour market.

From 1st January 2007, as European Economic Area (EEA) nationals Bulgarians and Romanians will be able to move and reside freely in any Member State. They will not require leave to enter or remain to reside legally in the UK.

They will have a right of residence in any Member State for their first 3 months of residence on an unrestricted basis and remain legally resident in that state as long as they wish if exercising a treaty right as a student, a self- employed person, or if not economically active and self-sufficient . But they will not have a right to reside as a worker.

Bulgarian and Romanian Nationals wanting to work in the UK will still need to obtain permission to work before starting any employment. Application forms and guidance will be provided before accession on 01 January 2007.

Worker Authorisation Scheme

We will require that workers from Bulgaria and Romania will, except where they are exempt from the requirement, obtain a work authorisation document before they commence employment in the United Kingdom.

Those qualifying for such a document will generally be those skilled workers who meet the criteria for the issue of a work permit under the existing work permit arrangements.

However, work authorisation documents will also be issued to lower skilled workers coming to undertake seasonal agricultural work and employment in the food processing sector. Existing schemes for lower skilled work in these sectors will move to being restricted to workers from Bulgaria and Romania.

Working without permission

It will be an offence for an employer to employ a Bulgarian and Romanian national who is subject to the requirement to hold a work authorisation document but does not have one, or who is undertaking work other than that specified in the document. The individual will also commit an offence in these circumstances. Legislation will provide for prosecution of this offence, but also a waiver of prosecution if the individual agrees to the payment of a fine.

14 March 2006

Changes to the Immigration Rules - leave to remain and settlement

There are important changes in Immigration Rules, which will affect people applying for leave to remain, and indefinite leave to remain (or settlement), in the UK. The changes will take effect from 3 April this year and are not retrospective so they will affect anyone currently in the UK on work visas and who plan to apply for permanent residency.

The changes, in summary, are:

• For all employment-related categories of entry to the UK, and those who have entered under the Ancestry category, the qualifying period for indefinite leave to remain (settlement) is now 5 years.
• The initial grant of leave to remain will now be 2 years (except for Work Permit holders and Retired Persons of Independent Means), followed by a subsequent period of up to 3 years. The rules previously allowed for an initial period of up to 12 months leave to be granted, followed by a subsequent period of up to 3 years,
• The UK ancestry provision has been changed to allow leave to be granted in a 2 and 3 year pattern, rather than allowing one single period up to the settlement qualifying period.
• Retired Persons of Independent Means will still be eligible for one single period of leave all the way up to the settlement qualifying period as before.

Work Permit holders will still be eligible for an initial grant of leave up to the currency of their work permit. Highly Skilled Migrant's will continue to be able to amalgamate continuous time spent in the UK as a work permit holder, Highly Skilled Migrant and / or an Innovator when applying for indefinite leave to remain as a Highly Skilled Migrant.

FAQ's taken from the Home Office website

What are the main changes to obtaining settlement in the UK and whom will they affect?

The main change is that the qualifying period that is the amount of time that has to be spent lawfully being here, is being increased from 4 years to five years.

The only people affected are those in employment related categories of migration and those who have entered under the UK Ancestry category. This includes those in work permit employment, those setting up in business or self-employment; investors; innovators; and anyone whose basis of stay is primarily employment related.

Do these applicants still have to meet other requirements?

Yes, if in employment, they still have to show that there is a need for their skills and that their employer is going to use them for the foreseeable future. They will have to show that they are able to support themselves and any dependants without recourse to public funds.

Those not in salaried employment, e.g. investing, continuing in business or self-employment, etc., still have to show that they are maintaining the purpose for which they came, and that they can support themselves and any dependants without recourse to public funds.

What is the purpose of these changes?

In its paper 'Controlling Our Borders' the Government set out its view that permanent migration must also be a journey towards being as socially integrated as possible. Those in employment related routes to settlement now have to spend 5 years working in the UK before being eligible to apply for settlement. This brings us in line with the European norm for these purposes, and helps to ensure that settlement is a final stage of an on-going process of building an attachment to the UK.

When will the changes take place?

The changes will take effect from 3 April this year. They were announced as far back as February 2005 in the 'Five Year Strategy for Asylum and Immigration' where we said that 'skilled workers will need to have been present, in employment and contributing to the Exchequer for five years (rather than four as now) before becoming entitled to apply for settlement'.

What will happen to people who have already made an application for settlement before 3 April?

Transitional arrangements are in place to ensure that those who apply before the changes will have their applications handled under the old rules, even if the decision is made after 3 April. The date of application will be the date of postage.

We also have transitional arrangements for those who apply for settlement immediately after 3 April having only completed 4 years in the UK. Those applicants will have the opportunity to vary their application from a settlement application to a one-year leave to remain application without losing their original application fee. Work Permit holders will also require their employer to apply for a new work permit.

Will this lead to other changes in the way that applications are dealt with?

Some of the associated patterns will change but these are not substantial changes. Thus, for most people, a 5-year qualifying period leads to a pattern of leave being granted of 2-years followed by 3-years. This will be of benefit to those setting up in business or entering as investors, innovators and in a self-employed capacity where a 2-year initial leave period for establishing oneself is more realistic.

What other changes will applicants notice?

In order to qualify for settlement after 4 years, applicants were required to show that they would remain in employment, or viable self-supporting activity, for the foreseeable future. We are simply asking this state of affairs to continue and to be marked after 5 years instead of four.

The only group required to make an additional application under these changes are those applying under the UK ancestry provisions. This is because the alternative would have been to grant up to 5 years leave to enter from the beginning and this is regarded as too long a time for most groups to be without contact with the authorities. In addition, work permit holders with four years leave to enter and remain will need their employer to apply for a further work permit.

When you say that this change will bring us in line with the European norm, what exactly do you mean?

The European pattern is for people to be granted residence in order to pursue employment and for this to become permanent residence after 5 years. This becomes a right for EU nationals under the Free Movement of Persons Directive for EEA nationals exercising treaty rights after 30 April 2006.

14 March 2006

NEW MIGRATION SYSTEM TO DECIDE WHO WORKS IN THE UK

A new points based system to enable the UK to control migration more effectively, tackle abuse and identify the most talented workers was launched by the Home Secretary recently.

These changes are not imminent but will be implemented over the next few years.

The points based system is a central part of the Government's five year strategy for asylum and immigration, which was published in February 2005, and is committed to a wide-ranging plan: to ensure that only those who benefit Britain can come here to work or study; to strengthen the UK's borders; to crack down on abuse and illegal immigration; and increase removals. Its implementation is a key Government priority.

The scheme will be complemented with a tougher approach from British embassies abroad to weed out false applications and will place increased obligations on UK businesses and universities who will now be required to sponsor migrants and help to ensure that those they sponsor adhere to the terms of their visa.

Key elements of the system include:

• consolidating more than 80 existing work and study routes into five tiers:
  • tier 1 - highly skilled, e.g. scientists or entrepreneurs;
  • tier 2 - skilled workers with a job offer, e.g. nurses, teachers, engineers;
  • tier 3 - low skilled workers filling specific temporary labour shortages, e.g. construction workers for a particular project
  • tier 4 - students; and
  • tier 5 - youth mobility and temporary workers, e.g. working holiday makers or musicians coming to play a concert.
• points to be awarded to reflect aptitude, experience, age and also the level of need in any given sector, to allow the UK to respond flexibly to changes in the labour market;
• the establishment of a Skills Advisory Body to identify these shortages;
• consolidating entry clearance and work permit applications into one transparent single-stage application;
• a system of sponsorship by employers and educational institutions to ensure compliance;
• financial securities for specific categories where there has been evidence of abuse to ensure that migrants return home at the end of their stay; and
• the ending of employment routes to the UK for low-skilled workers from outside the EU except in cases of short-term shortages.

Proposals for a points-based system for managed migration are a key element of the Home Office's five year strategy for asylum and immigration 'Controlling our borders: making migration work for Britain' published in February 2005. The Government undertook an extensive consultation on the proposals between July and November 2005.

The system aims to ensure that only those migrants who benefit the UK - for example the highly-skilled such as surgeons or scientists or those who are coming to fill gaps in the labour market that cannot be met from the domestic workforce such as teachers and nurses, can come to work or study, while introducing new measures to ensure that migrants comply with their leave to remain and go home at the end of their stay.

The new points based immigration system is NOT currently in effect. According to the Home Office, the old system Highly Skilled Migrant Programme and work permit schemes will remain in effect until at least the middle of 2007.

Under the new points system, limited numbers of low skilled workers needed to fill specific temporary labour shortages will be allowed to work in the UK. An advisory body will determine in which sectors the labour shortages exist.

24 October 2005

New naturalisation requirements from 1 November

If you are applying for naturalisation as a British citizen on or after the 1 November 2005 you will need to prove knowledge of life in the UK as well as your English language ability. This will apply to all adult applicants (those 18 years and over). If your application is received in the Home Office before 1 November 2005 you will not need to include evidence of knowledge of life in the UK but you will still have to show that you have sufficient knowledge of English.

There are different ways in which you can do this:

• If you are already at or above ESOL (English for Speakers of other languages) Entry 3 standard of English you will be able to undertake a specially developed computer-based short test called the "Life in the UK Test". The test will be available at a number of different sites around the UK.
• If you are below this level, you will need to complete an "ESOL with citizenship" course successfully at the appropriate level for your learning needs.
• If you are aged 65 or over, or if you have a physical or mental impairment, you may not have to meet either the language requirement or the knowledge of life in the UK requirement

25 July 2005

Premium Service

Jones Kelleher & Associates have agreed increased appointment days with the Home Office in Croydon and we are now able to make appropriate 24 hour fast-track applications to the Home Office on both Mondays and Wednesdays each week. This may be helpful if applicants are travelling over the weekend and would prefer a Wednesday slot rather than the usual Monday.

Please note that we can fast track:

• work permit holders Indefinite Leave to Remain (Permanent residency)
• work permit extension Further Leave to Remain FLR(IED)
• dependants applications (children born in the UK)
• marriage applications FLR(M) and SET(M)
• Unmarried partners
• Transfer of conditions
• No time limit applications
• Long residence applications
• Ancestry Indefinite Leave to Remain ( Permanent Residency)
• Short visit extensions

Government Plans

The Government has announced the intention of a major overhaul of UK migration routes and has launched a consultation aimed at implementing a simpler, clearer more selective points-based system for managed migration.

Immigration Minister Tony McNulty launched the 16 week consultation, which has been designed to target employers, educational institutions, prospective migrants and the public more broadly, to gain their views on how the new five-tiered system should work in practice. The Government will announce firm proposals for change and a timetable for implementation in the Spring of 2006.

Full details of the proposal can be found here

Please note we have no further information on these proposals and are therefore unable to provide details at this stage.

Entry Clearance fees

The fees for passports, visas and chargeable consular services provided by British consular posts overseas changed from 1 July 2005. On the same date, the fee for legalisation services provided by the FCO in London and overseas also changed. It is claimed that these changes will ensure that the full cost of providing services at home and overseas are fully recovered without any claim on public funds and to meet the increasing demand, while maintaining high standards of service. Full details of all new consular fees are available on the FCO website

Sector Based Scheme

The Sector Based Scheme (SBS) has been closed for work in the hospitality sector but will continue in the food processing sector until June 2006

Working in Scotland Scheme

The Fresh Talent: Working in Scotland scheme is part of the Scottish Executive's Fresh Talent Initiative. The Fresh Talent Initiative encourages people to consider living and working in Scotland, as well as supporting efforts to retain indigenous people who wish to begin, or to further, their careers in Scotland. This scheme will enable non-EEA nationals who have successfully completed an HND, degree course, Masters or PhD at a Scottish university and have lived in Scotland during their studies to apply to stay in Scotland for up to two years after completing their studies to seek and take work.

To be granted leave under the Fresh Talent: Working in Scotland scheme you must:

• Have been awarded an HND, or a UK recognised undergraduate degree, Master's degree or PhD by a Scottish institution of Higher or Further Education.
• Have lived in Scotland for an appropriate period whilst studying for your HND, degree, Masters or PhD.
• Intend to work in Scotland during the period of leave granted under the scheme.
• Be able to maintain and accommodate yourself and any dependants without recourse to public funds.
• Intend to leave the UK at the end of your stay, unless granted leave as a work permit holder, highly skilled migrant, business person or innovator.

HSMP

The current processing time for HSMP applications by the Home Office is between 4 and 14 weeks.

29 April 2005

Highly Skilled Migrant Programme (HSMP)

The Home Office has introduced a new MBA (The Masters in Business Administration) provision within the HSMP scheme. If someone has graduated (on or after 2 December 2004) with an MBA from the list of eligible courses then they will be automatically awarded 65 points (which is enough for an initial HSMP permit). They will also need to demonstrate that they are able to continue their chosen career in the UK, show that they intend to make the UK their main home, and that they can support themselves and any dependants without public funds.

Successful HSMP applicants are allowed to switch their immigration status from within the UK from the following categories:

Work permit holders, Students (if they have obtained a degree qualification at a relevant UK institution), Postgraduate doctors, dentists and trainee general practitioners, Working holidaymakers, Science and Engineering Graduates Scheme (SEGS) participants, Innovators and Doctors taking the PLAB Test or doctors and dentists undertaking Clinical Attachments or Dental Observer Posts, where they are using the HSMP priority application process for general practitioners

Increase in Home Office fees

Applications for leave to remain in the UK and to naturalise as a British citizen are subject to new fees from April 2005.

It is now possible, in selected cases, to apply for both indefinite and temporary leave to remain at the Public Enquiry Office in Croydon and to obtain a decision on the day. The Home Office charges a fee of £500 for this service. Jones Kelleher & Associates can provide full support for these applications; please contact us for a quote.

Restrictions on Visit visa applications in Nigeria

With effect from Monday 11 April, and until further notice, the visa sections in Lagos and Abuja will not be accepting visa applications from first-time visitors to the UK (including business visitors) aged between 18 and 30 years of age.

14 February 2005

The working holiday maker scheme

As part of the government's five-year strategy for immigration and asylum announced on 7th February 2005, changes have been made to the working holidaymaker scheme that have immediate effect. The main changes are that a working holidaymaker must:

• Intend only to take employment incidental to a holiday, and not to engage in business, or to provide services as a professional sportsperson, and in any event not to work for more than twelve months during their stay;
• Be a national or citizen of a Commonwealth country except for Lesotho, or a British Overseas Citizen; a British Overseas Territory Citizen; or a British National (Overseas);
• May switch into employment only in the following categories: Innovators, Highly Skilled Migrant Programme or Work Permit employment only if the occupation is on the list of designated shortage occupations maintained by Work Permits (UK) (see www.workingintheuk.gov.uk)

The changes will affect all applications, including those made before 8th February which have not yet been decided. New Entry Clearances will state "no more than 12 months work, no business and no sportspersons". New working holidaymakers can only take employment that is incidental to their holiday.

Applicants granted a Working Holiday Entry Clearance before 07 February 2005 can work in any occupation and can work full time for the full 2 period.

With effect from 07 February 2005 it will not be possible for any working holidaymaker to switch into Work Permit employment from within the UK, unless the employment falls within the shortage occupation list.

01 January 2005

UK Ancestry

It is no longer possible to switch to an Ancestry visa from within the UK. It is now mandatory to obtain Entry Clearance from the British Embassy or High Commission in the home country of the applicant.

Marriage

As from 01 January 2005 the minimum age at which a person can be given a visa to enter the UK as a fiance, married partner or unmarried partner has been raised from 16 to 18 years of age.

As from 1 February 2005, those under immigration control wishing to give notice to marry in the UK will only be able to do so at a specially-designated register office, which they must attend with their partner. They will also have to meet certain strict new eligibility criteria before their notice to marry is accepted. All register offices in Scotland and Northern Ireland and 76 register offices across England and Wales will be designated. The measure, contained in the Asylum and Immigration (Treatment of Claimants etc) Act 2004, is part of the Government's drive to tackle marriage abuse.

There will also be a mandatory entry clearance (visa) requirement for certain people coming to the UK for marriage - more details on how this scheme will work will be announced by the Home Office in the near future.

Students

Overseas students are now only able to apply to study in the UK at institutions on the Department of Education and Skills (DfES) register of education and training providers. The list of approved providers can be found on the DfES website at www.dfes.gov.uk/providersregister

HSMP and Further Leave to Remain

Applications for Highly Skilled Migrant Programme permits are currently taking 26 weeks to be processed by the Home Office. Applications for Further Leave to Remain, FLR(IED), are taking around 13 weeks.

Work Permit Shortage Occupations list

Salaried General Dental Practitioners, Salaried Assistant Dentists and Vocational Dental Practitioners employed in the healthcare sector are now considered under the shortage occupation (Tier One) criteria.

Work permit applications are currently taking an average of 5 working days to be processed by the Home Office.

01 October 2004

New Immigration Rules

As from 01/10/04 the Home Office are restricting the categories that are eligible for in-country application applications. These changes can be viewed in full at:

http://www.ind.homeoffice.gov.uk/.../statement_of_changes8.html

and include the following changes:

Students

It is possible for people with limited leave to remain to switch to student status only if they will be studying a course that is defined as leading to a recognised UK degree at Bachelor's level or above.

Also now both visa and non-visa nationals must obtain an Entry Clearance from a British diplomatic mission in their home country to study in the UK if the course is below degree level (Bachelor's level or above).

A student cannot spend more than 2 years on short courses that are below degree level. Short courses are defined as less than 1 years duration or 2 year courses that are not completed.

Work Permits

Students can switch to work permit employment in the UK if they are currently in the UK as a student and have obtained a degree qualification on a recognised degree course (and meet the work permit requirements).

Highly Skilled Migrant Programme

Students may apply to switch to a HSMP permit if they have obtained a degree qualification at a UK educational establishment.

Working Holidaymakers and Post Graduate doctors may also switch to HSMP status..

(Note: HSMP applications are currently taking around five and a half months to be processed by the Home Office).

Science and Engineering Graduate Scheme (SEGS) -with effect from 25/10/04

Allows student visa holders who have obtained a degree, masters degree or PhD in a recognised science or engineering degree course from a UK institution in the last 12 months; to remain in the UK for a maximum period of 12 months after graduation.

They must intend to seek and take work during this time and demonstrate they can support and accommodate themselves in the UK.

If not already in the UK as a student (as above) they must obtain Entry Clearance first if they are coming to work under this scheme.

Increased Home Office fees

Fees for foreign nationals using immigration services will be almost certainly increase in April 2005 in a move that could save UK taxpayers £100 million in 2005-06, Home Office Minister Des Browne has announced. The government is considering increasing the fees for foreign national using immigration services along the following lines:

• Charges for foreign nationals working in the UK who need to extend their stay (eg work permit holders) may increase from £121 to between £265 and £300. Also leave to remain fees for those who need to extend their stay in the UK, such as students and spouses, may rise from £250 for a premium service (in-person applications) to between £430 and £495.
• Fees for the Sectors Based Scheme, which meets recruitment needs in hospitality and food processing, may rise from £153 to between £230 and £270;
• Highly Skilled Migrant Programme fees may rise from £150 to between £320 and £375;

Further Leave to Remain applications

Applications to have your passport endorsed with a change of immigration status - FLR(IED) applications- are currently taking the Home Office around 10 weeks to process. You will be without your passport during this period.

13 August 2004

Naturalisation

The Home Office has announced that, as from 28 July 2004, all applicants for naturalisation , of whatever nationality, are required to demonstrate that they have sufficient knowledge of English. This can be done in 2 ways:

• EITHER An ESOL (English for Speakers of Other Languages) Entry 3 qualification approved by the Qualifications and Curriculum Authority
• OR A certificate from a person designated under the regulations to assess knowledge of English in cases where the person intending to apply for naturalisation does not have an ESOL entry 3 certificate but does have another qualification suggesting an equivalent or higher standard of English

Full details were published on 13 August and can be found at the Home office website here.

Incidentally this language ruling does not apply to minors (under 18) or to people who qualify for registration as a British citizen.

We will soon be able to provide details of how this will actually work in practice.