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Bachelors may soon be allowed as Tier-1 migrant
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New Route to acquire British Citizenship
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Discrimination in visa handling for Pakistanis denied
- New British Visa System Simplified
- New UK Passport from later this year
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Asylum and immigration appeals to transfer into new two-tier structure
Tougher rules to stop abuse of student visa system
Tougher rules have been brought in to stop people abusing the student visa system to remain illegally in the UK.
Home Secretary Alan Johnson said 30% of migrants who came into the UK were on student visas and a number were adults taking short courses, not degrees.
Under the new rules, applicants will need to speak English to near-GCSE level and those on short courses will not be able to bring dependants.
The Tories said the system had been the "biggest hole in border controls".
The Home Office would not confirm reports the changes may cut visas issued this year by tens of thousands.
A spokesman said a review of student visas had been ordered in November. In 2008/9, about 240,000 student visas were issued by the UK.
News of the new measures comes a week after student visa applications from Nepal, northern India and Bangladesh were suspended amid a big rise in cases.
'Legitimate study'
Last year the UK introduced a system requiring students wishing to enter the country to secure 40 points under its criteria.
However, the government has faced criticism that this has allowed suspected terrorists and other would-be immigrants into the UK, only for them to stay on despite their visas being temporary.
Speaking on the BBC's Andrew Marr Show, the home secretary denied the system had been lax before.
By 2011, we will have the most sophisticated system in the world to check people not just coming into the country but to check they have left as well," he said.
He said the UK remains open to those foreign students who want to come to the UK for legitimate study.
Alan Johnson said: "If you are coming here for a course that is under six months you can not bring your dependents. Many of these students, if they are coming here using this route for illegal migration, will pay thousands of pounds to usually criminal gangs."
"We are the second most popular location for people going into higher education," he said.
"We have to be careful that we are not damaging a major part of the UK economy, between £5bn and £8bn."
Immigration Minister Phil Woolas told the BBC's Politics Show 200 bogus colleges had been closed.
Students have foreign national identity cards. We have the e-Border counting in and counting out," he said.
"The latest proposals are a response to the moves by people who are trying to get round the system."
Under the measures, effective immediately:
• Successful applicants from outside the EU will have to speak English to a level only just below GCSE standard, rather than beginner level as at present
• Students taking courses below degree level will be allowed to work for only 10 hours a week, instead of 20 as at present
• Those on courses which last under six months will not be allowed to bring dependants into the country, while the dependants of students on courses below degree level will not be allowed to work
• Additionally, visas for courses below degree level with a work placement will also be granted only if the institutions they attend are on a new register, the Highly Trusted Sponsors List.
Liberal Democrat home affairs spokesman Chris Huhne said the UK needed to "restore immediately control of our borders".
"The biggest hole in the student visa system is caused by the Tory and Labour abolition of exit checks, which means we do not know if someone has left once their visa runs out," he said.
Conservative shadow home secretary Chris Grayling said the student visa system had been the "biggest hole in our border controls for a decade".
"Ministers should be ending the situation where a student visa is a way of coming to the UK to stay, by banning the practice of moving from course to course in order to stay on and stopping overseas students from applying for work permits without going home first," he said.
The party has also proposed that overseas students should pay a cash deposit which would be lost if they did not leave the country when their course finished.
And Conservative backbencher Mark Pritchard has gone further and proposed universities withhold degree certificates until foreign students can prove they have returned to their home countries.
But Mr Johnson said Mr Grayling's plan would just add another level of bureaucracy.
"Many of these students, if they are coming here using this route for illegal migration, will pay thousands of pounds to usually criminal gangs," he said.
"The thought of losing a bond is not going to solve this problem."
Bachelors may soon be re-allowed as Tier-1 migrant
The Migration Advisory Committee has recommended that for Tier 1 (General) immigration category, the Prospective immigrants with a minimum of a bachelor’s degree should be allowed to come under Tier 1 if their previous earnings are at a high enough level and if they gain enough points. Currently to come under the Tier 1 visa you need to have at least a master’s degree.
It should be noted that normally the UK Government accepts MAC recommendations in full.
Recently the Migration Advisory Committee completed its review of the Tier 1 visa scheme.
In light of changing economic circumstances the Government had asked MAC to consider changes to Tier 1 for the years 2010/11. MAC feels that Tier 1 is operating well, but also recommended some changes to the scheme.
Stay in U.K. as Tier-2 migrant will not lead to permanent residence
The UK Border Agency will soon be making changes so that IT workers and others coming under the intra company transfer Tier 2 visa will need to have 12 months' experience instead of six months with the overseas employer, before being transferred to the UK. In addition this category under Tier 2 will not lead to permanent residence in future.
There have been suggestions that the Tier 2 (Intra company transfer) visa provides a loophole to enable Indian IT companies to bring overseas workers to the UK and pay them salaries lower than the market rate.
Biometrics required from Tier-2 visa holders
Skilled migrant workers and their dependents extending their visa under the Tier 2 visa scheme will from 6 January 2010 need to provide biometric information and obtain an identity card. Migrants in a number of other visa categories are already required to submit their fingerprints and photograph and apply for an identity card.
Discrimination in visa handling for Pakistanis denied
The United Kingdom Border Agency has recently commented on media reports that suggest that Pakistani’s are more likely to be refused visas to the UK. UK Border Agency Chief Executive Lin Homer said, “We do not discriminate against any individual nationality, to suggest otherwise is false. Applications from Pakistan are assessed in the same manner and against the same immigration rules as applications from every other nationality.”
Fingerprint checks at the UK border
From 30 November 2009 the UK Border Agency is introducing fingerprint checks at the border for passengers with biometric UK visas. On arrival in the UK, passengers will have their fingerprints scanned at border control in addition to the normal checks that take place. The fingerprints provided will be checked to verify that the individual entering the UK is the same person who gave their biometric data when they applied for their visa. In the majority of cases the passenger’s right hand thumb and first finger will be used for the check.
Changes to Tier 1 visa of the points based system enforced
The most significant change is that under the Tier 1 (General) visa students will no longer gain points for previous earnings before they became students. Therefore, you will only gain points for earnings over the last fifteen months if you were actually working during this time and earning a high enough salary to be awarded points under previous earnings. In practice this is likely to mean that students in the UK and recent students outside the UK wishing to apply under Tier 1 will be unable to do so. Students will probably have to come under Tier 1 Post Study Work or Tier 2. Then at a future date they may be in a position to apply for Tier 1. As applicants will have to show their recent work experience and earning capability to gain points under previous earnings, the Government says this will better demonstrate their suitability for the UK Labour market.
Important changes for sponsors under the points-based system
The UK Border Agency has published revised guidance for employers and education providers who sponsor migrants under the points-based system, and has enabled education providers to use the sponsorship management system for the first time.
The sponsor guidance has now been split into separate documents for employers (Tiers 2 and 5 of the points-based system) and for education providers (Tier 4). Both guidance documents, together with a list of changes from the previous guidance, are now available on UKBA website.
Additionally, the sponsorship management system is now available to Tier 4 sponsors, enabling them to issue Confirmation of Acceptance for Studies (CAS) for the first time. During a voluntary trial period which will run until February 2010, Tier 4 sponsors will be able to choose whether to issue visa letters or CAS to migrants applying to them from inside the United Kingdom. CAS will completely replace visa letters next February.
Sponsorship management system launched for Tier 4 sponsors
The UK Border Agency has now implemented phase 3 of Tier 4 of the points-based system for immigration.
Phase 3 is the voluntary trial period of the sponsorship management system (SMS) for Tier 4 sponsors. During this period, sponsors can continue using visa letters while gradually adopting the use of the SMS to issue confirmations of acceptance for studies (CAS). CAS will completely replace visa letters in February 2010.
Until February 2010, sponsors will be able to issue CAS, visa letters or a combination of both to would-be students who are applying for a visa from within the United Kingdom. Would-be students applying from outside the United Kingdom will still need to apply with a visa letter until February 2010.
New route to acquire British Citizenship announced
The United Kingdom Government is changing the way that migrants progress to British citizenship, making sure that people who want to build a new life here have earned the right to do so - and the UK Border Agency has asked members of the public to comment on its latest proposals.
The new system of 'earned citizenship' will create a clear, three-stage path for migrants to become British citizens. This will include a new 'probationary citizenship' stage.
Earned citizenship will ensure that the rights and benefits of British citizenship are matched by responsibilities and contributions made to our society. Those who want to settle permanently in the will have to earn the right to stay by learning English, paying taxes and obeying the law.
The Government will support migrants who play by the rules and will take action to punish those who do not. Migrants who demonstrate 'active citizenship' will be able to become British citizens more quickly.
There will be three routes to citizenship:
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Work - for highly skilled and skilled workers who are in the under Tiers 1 and 2 of the points-based system);
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Family - for the family members of existing British citizens and permanent residents; and
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Protection - for refugees and migrants who have been given humanitarian protection.
For all of these routes, there will be three clear stages which a migrant must complete.
The three stages of the citizenship process:
Stage 1: Temporary residence
All migrants will be at this stage when they first come to the
. To be able to progress to the second stage, they will need to:
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spend a minimum amount of time (which will vary between the different routes) in the obey the law;
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pass a test of their English language skills and/or their knowledge of life in the UK; and
- meet additional requirements - those on the Work route will normally need to still be employed and paying taxes, while those on the Family route will need to show that they have an ongoing relationship with a person who has close ties to the , and those on the Protection route will need to continue requiring international protection.
Stage 2: Probationary citizenship
During this stage, migrants will have to demonstrate that they have earned the right to make the
their home.
Before progressing to the final stage, a migrant must spend a minimum amount of time as a probationary citizen - this amount of time will depend on their route (Work, Family or Protection). Migrants who actively contribute to the community through 'active citizenship' (see below) will be able to move to the next stage more quickly.
To be able to progress to the third stage, migrants will need to:
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have obeyed the law during their probationary citizenship;
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have continued to be self-sufficient, with no access to benefits (unless they are on the Protection route); and
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meet additional requirements specific to their route.
Migrants who receive custodial sentences will normally be stopped from progressing on the path to citizenship. Those convicted of minor offences will normally have to wait until their conviction is spent before they can progress to the final stage.
Any migrant who has spent five years as a probationary citizen will need to either move on to the final stage or leave the UK.
Stage 3: British Citizenship or permanent residence
Migrants who become British citizens will have full entitlement to the rights and benefits that this brings.
The status of permanent residence will be available to migrants who do not want to or cannot become British citizens (because of dual nationality issues, for example).
Active citizenship
The Government wants to encourage migrants to integrate fully into society if they want to stay here permanently - so those who choose to take an active part in the community will be able to obtain citizenship two years earlier than those who do not.
To demonstrate active citizenship, a migrant might volunteer with a recognized organization such as a charity, serve on a community body or take part in an activity that:
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advances education or health;
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advances social and community welfare;
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advances heritage, arts, culture or sport;
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benefits the natural environment;
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benefits children, young people, elderly people, disabled people or other vulnerable groups; and/or
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involves mentoring or befriending.
Active citizenship will:
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encourage integration, by bringing migrants into greater contact with the wider community so that they share values and use their English language skills;
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enable would-be citizens to show commitment to the UK; and
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open them up to new experiences, which could become lifelong roles.
The U.K. Border Agency has set up an Active Citizenship Design Group, which includes representatives from local authorities and the voluntary sector, to advise on how active citizenship should work - what activities should be covered, the level of commitment that should be required and the best ways to verify that the activities claimed have taken place
Immigration amnesty would boost UK economy
A study commissioned by the London Mayor Boris Johnson suggests that an immigration amnesty would lead to a GBP3 billion boost to the economy. The London School of Economics study also concludes that an amnesty would not lead to large scale illegal immigration; 's border controls would prevent this happening. The report's findings were welcomed by Johnson.
The main points in the report are as follows:
- Estimates that there are 618,000 illegal migrants in the .
- More than two-thirds 442,000 are in
London .
- If illegal immigrants were given legal status in the then GBP 846 million a year would be raised in taxes.
- The public sector costs of granting indefinite leave to remain would be about GBP410 million a year.
- Total costs could rise to GBP1 billion a year in the long term if the immigrants receive welfare benefits and public sector housing.
The proposed amnesty would be for those who had been in the for at least five years. It is estimated that two thirds of illegal immigrants would be eligible. The report estimates that regularizing the status of illegal immigrants would result in:
- An increase in individual earnings of 25%.
- An increase in the rate of employment of 6%.
- An additional GBP3 billion a year in national gross domestic product.
Amnesties and regularisation programmes have been common in a number of Countries, including in France, , , and the . The amnesty idea was first mentioned by Boris Johnson more than a year ago in April 2008. This sparked widespread controversy. The Immigration Minister at the time Phil Woolas said that it would lead to more people trafficking.
New UK Passport later this year
The Identity and Passport Service (IPS) has announced that De La Rue has won the contract to produce the new British passport. The contract is worth £400 million.
The new passport will be available from October 2010. It will have a new design and improved security features, including the facility to hold fingerprint biometrics. The IPS says that the new passport will mean less risk of identity theft and help secure the borders. It is also hoped that the new passport will meet future requirements for international travel documents.
"The British passport is recognised as one of the best in the world and we want to keep it that way. Today we are affirming our commitment to making this travel document more secure than ever by using fingerprint biometrics," said IPS chief executive James Hall.
"Upgrading the British passport is essential to keep pace with the most advanced international standards for travel documents and will ensure that British citizens have the freedom to travel easily world-wide.
"De La Rue has shown it is superbly placed to deliver this large project and we are delighted they are working with us."
The bidding process started with twenty bidders in June 2008. De La Rue was picked out of the twenty to design and produce the new British Passport.
"The Identity and Passport Service was looking for a partner it could rely on to deliver the complete service for the passport," said James Hussey, CEO of De La Rue. "As a British company, producing passports and identity documents for over 50 governments, De La Rue is proud to be selected to bring its expertise to this project. This contract further reinforces De La Rue's strong growth in the identity sector."
NEW BRITISH VISA SYSTEM SIMPLIFIED
British Visas and Immigration has always been a very complex procedure. UK Border Agency has now launched the points-based system, which is the biggest shake-up of the British immigration system for 45 years. The system will replace over 80 existing routes to work and study in the with five tiers. The system allows British businesses to recruit the skills they need from abroad while providing assurances to the British public that only those migrants needed by the British Society will be able to come to the UK.
Who does the system apply to?
The points-based system only covers migrants from outside the European Economic Area (EEA) and
. If UK Businesses want to employ or teach an EEA or Swiss national, they would be able to do this without needing Home Office permission. There are some restrictions on nationals of countries that have recently joined the EEA.
How the system will work
Under the new system, migrants will need to pass a points-based assessment before they are given permission to enter or remain in the
. The system will consist of five tiers. Each tier has different points requirements.
The number of points the migrant needs and the way the points are awarded will depend on the tier they are applying under. Points will be awarded to reflect the migrant's ability, experience, age and when appropriate the level of need within the sector the migrant will be working.
The role of the sponsor
Migrants applying under any tier except tier 1 will need to be sponsored in order for their application to be successful. If an employer wishes to recruit a migrant under tiers 2, 4 or tier 5 they will have to apply for a sponsor’s licence.Under tiers 2 and 5, the sponsor will need to be a UK-based employer. Under tier 4, the sponsor will need to be a UK-based educational institution.
What are the tiers?
The points-based system consists of five tiers. These are:
§ Tier 1 - highly skilled workers, for example scientists and entrepreneurs;
§ Tier 2 - skilled workers with a job offer, for example teachers and engineers;
§ Tier3 - low skilled workers filling specific temporary labour shortages, for example construction workers for a particular project;
§ Tier 4 - students;
§ Tier 5 - youth mobility and temporary workers for example musicians coming to play in a concert.
The points-based system is being introduced in stages as outlined below. 
For workers
Tier 1 is now fully open.
Tiers 2 and 5 are also partially open now.
Tier 3 is currently suspended.
For students Tier 4 is now fully open
All educational institutions that currently teach migrants must be on the approved Register of Educational Institutions under Tier-4. This includes any students already here who need to extend their stay.
These radical changes in the British Visa and Immigration System have made it even more difficult for candidates wishing to come to UK
. We are willing to offer prompt and honest advice tailored to your individual circumstances. We offer both businesses and individuals effective and client-focused advice in all business and individual immigration matters. For further details, please visit http://www.ukvisastoday.com/ or e-mail ray@millenniumconsultants.co.uk
Asylum and immigration appeals to transfer into new two-tier structure
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