Habib Rahman, Chief Executive of Joint Council for the Welfare of Immigrants (JCWI) said during the coming year the organisation will focus on campaigning against the Government’s restrictions on family migration.
Speaking at the JCWI’s AGM in London last night, Mr Rahman said the Immigration Rule changes, in particular the minimum £18,600 income requirement to bring in a non-EU spouse or partner, introduced by the UK Border Agency (UKBA) in July were dividing families and hitting British.
Mr Rahman also referred to an article in yesterday’s Evening Standard "Tough New Visa Rules put Foreign Students off London”, where an unlikely ally Conservative London Mayor Boris Johnson called on Prime Minister David Cameron to remove students from net migration targets.
Speaking in India, Johnson accused the Government of causing “unnecessary alarm” with tough immigration rules, which have already resulted in a 9% fall in student visas, expected to rise to 25% next year.
Last week the outspoken London Mayor strongly criticised his own party’s target to slash net immigration, claiming that visa policies were preventing the City and universities from recruiting the brightest talent, and were “a block to growth”.
One of the guest speakers at the meeting was Emma Ben Moussa, a British bride of a Moroccan husband, who has just given birth to their first child nine weeks ago.
Emma tried to live in Morocco with her husband, but found the life hard and had no chance of finding well paid employment. She returned to her home in Kent this year during the middle of a complicated pregnancy, but could not return to her job as a store manager at WH Smith.
The couple found themselves caught in the £18,600 trap and even if she returned to work immediately she would not be able to show 6 months payslips required to sponsor him on a spouse visa. Her husband’s prospective income cannot be taken into account or the fact that she would be able to work full time if he could be here to look after the baby.
They obtained a visit visa after what Emma described as a very difficult experience dealing with the British Embassy in Casablanca, Morocco.
The JCWI are currently helping the couple to stay together in the UK and have submitted an “outside the Rules” application for further leave to remain. Should this be refused, her case will almost certainly go to appeal and could end up as a test case in the High Court.
The second speaker, Professor Eleonore Kofman of Middlesex University, highlighted the discriminatory nature of the new Rules, which will adversely affect 61% of women, double the rate of men, due to lower earnings.
Professor Kofman noted that it was not just the arbitrary £18,600 income requirement which was splitting families. Other restrictions contained in the Rules include not allowing a partner’s prospective earnings to be taken into account and length of time needed to prove income.
She said the UK was now the second hardest country to sponsor a spouse after Norway.
Raza Husein QC offered some hope pointing to two upcoming cases challenging the Rules in the Upper Tribunal and High Court early next year.
Jeremy Corbyn, Labour MP for Islington North, said the Rule changes were rushed through by the Executive without a vote or proper Parliamentary scrutiny.
He was disappointed that a “Negative Prayer” or objection laid down in Parliament was only signed by 7 MP’s.
Corbyn said it was easy for the Government to be “tough” on poor migrant families and reminded us that the UK was built on immigration and would be a “wet and insular little island” without it.
Referring to the London Metropolitan University’s licence revocation, which is in his constituency, he claimed that the UKBA had not acted rationally and had done spot checks on overseas students during the holidays.
The meeting ended with a lively question and answer session in which Habib Rahman defended JCWI’s record of campaigning against the UKBA’s onslaught on private colleges and international students.
The Joint Council for the Welfare of Immigrants (JCWI) is an independent national charity which campaigns for justice in UK immigration, nationality and refugee law and policy.
If you need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 2, Tier 4, applying for university if your college has closed down, Visa, ILR, Settlement, Citizenship, Dependant Visa or an appeal against a UK Border Agency or British Embassy refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email: immigration@londonccs.com or visit www.conceptcaresolutions.com for free immigration news updates.
Showing posts with label appeal. Show all posts
Showing posts with label appeal. Show all posts
Thursday, November 29, 2012
150,000 Tier 4 student notifications of change backlog allowed thousands to overstay visas
John Vine, the Chief Inspector of immigration, admits that the UK Border Agency (UKBA) has a backlog of 150,000 ‘notifications about changes in Tier 4 students circumstances’ sent to them by colleges and universities, which means they do not know who has left the country and who has overstayed their visas. The latest UKBA fiasco, reveled in the latest Chief Inspector’s report this week, has allowed thousands of overseas students to potentially overstay in Britain when they should have had their visas curtailed. Mr Vine, has confirmed that at the time of his inspection in May there was a backlog of over 150,000 notifications about changes in students' circumstances, which includes discontinuing studies, failing to enrol on their courses or breaching the conditions of their visas. In John Vine’s report, published this week, Vine says: "As a result, there could potentially be thousands of migrants in the UK who were not complying with the conditions of their visa and whose leave should have been curtailed by the agency but had not been. "One senior manager informed us that at the time of the inspection there were potentially 26,000 students whose leave should have been curtailed and who should have had enforcement action taken against them." The backlog of notifications about changes in the circumstances of overseas students dates back to March 2009 when Tier 4 of the five tier points based system was launched. The problem with Tier 4 is that although it was supposed to be a fully computerised system, it was actually launched as a paper based manual system. Many commentators say ill-prepared points system has ended in tears. Visas were dished out all too easily and non-compliant students reported by the colleges were allowed to overstay their visas. Private colleges have long been aware that change of circumstance reports, such as a student dropping out of a course, sent to the UKBA are rarely even acknowledged let alone acted upon. Now the UKBA is spending millions of pounds of tax payers money employing private companies to track them down – shutting the stable door after the horse has bolted. Why didn’t the UKBA deal with them when they had their addresses at the time they were reported? Meanwhile UKBA bosses pay themselves massive bonuses, which the Chairman of Home Affairs Select Committee Keith Vaz MP says should be repaid following reports that UKBA officers misled Parliament over another backlog of asylum cases. The UKBA launched ‘Operation Mayapple’ (which sounds like something out of a Bond movie) last May to “identify” student who could still be in the UK and not complying with their Tier 4 visa conditions. ‘Operation Rosehip’ was launched by the at the same time to target students who should have left Britain. As a result 23,000 students had been ordered to comply with their student visas or face enforcement action. Responding to the report, the Immigration Minister, Mark Harper, said: "We are the first government to tackle the historically high levels of abuse in the student visa system. We have toughened the rules to ensure that genuine students are not taken advantage of by organisations looking to sell immigration not education. "At the same time, we have a great offer for the brightest and best international talent who want to study at our world class institutions." Labour's Shadow Immigration Minister, Chris Bryant, said this is yet another damning report about the UKBA and a scandalous situation. Bryant conveniently failed to mention that Labour introduced the points based system and were in power when the backlog of overstayers built up. Cynthia Barker of immigration advisers Concept Care Solutions has helped over-staying students who were arrested and detained pending removal orders. One Nigerian university student client, who had never been in trouble, spent 80 days detained in prison conditions, refused bail, sharing cells with convicted criminals and terror suspects. She said: “Young students from good families are intimidated by the experience of being detained and feel pressured into leaving voluntarily or are scared to seek legal advice. “Some clients leave voluntarily when they had a right to appeal or stay in the UK, for instance because they are in a relationship and have children. “Visa overstayers can avoid removal if they have an EEA partner. In this case we managed to pull him off a deportation flight ten minutes before take off because he was in a genuine relationship, and therefore a human right to a family life under article 8, with his Eastern European girlfriend.” If you have overstayed your visa or need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 2, Tier 4, applying for university if your college has closed down, Visa, ILR, Settlement, Citizenship, Dependent Visa or an appeal against a UK Border Agency or British Embassy refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email immigration@londonccs.com or visit http://conceptcaresolutions.com/page.php?id=15
Monday, July 05, 2010
Failed asylum seeker wants to stay so he can win the ‘X Factor’
An asylum seeker is begging immigration officials not to throw him out of Britain - so he can win X Factor, the Sun reports.
Desperate Ahmed Ali al-Hamed has had his application to stay here rejected and ought to be on his way back to the Middle East.
But he auditioned in front of producers for the hit talent show earlier this year and is now claiming he can follow in the footsteps of last year's teenage winner Joe McElderry.
He is also insisting that Simon Cowell is tipping him for the top, that he has explained his immigration status to the music mogul and that he can impress Cheryl Cole and the other judges.
An X Factor spokesman confirmed al-Hamed, 21, had sung for "other executives" but denied he had met Simon.
Al-Hamed, who has been here for six years, is hoping to delay the asylum boot until at least the next run of filmed auditions, which hit Manchester next month.
A source said: "This must be a first - an asylum seeker using a reality TV show as the basis for his case.
"He has exhausted all the normal channels and now appears to be clinging to this."
Al-Hamed, who is from the United Arab Emirates, is understood to have tried several different arguments already to avoid being kicked out.
Initially he said he wanted to stay because he is gay, and then that his mother writes politically controversial articles in their own country.
He arrived here in 2004 and later spent a year studying at Bath University.
He is currently understood to be living in Liverpool. Source: The Sun
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Desperate Ahmed Ali al-Hamed has had his application to stay here rejected and ought to be on his way back to the Middle East.
But he auditioned in front of producers for the hit talent show earlier this year and is now claiming he can follow in the footsteps of last year's teenage winner Joe McElderry.
He is also insisting that Simon Cowell is tipping him for the top, that he has explained his immigration status to the music mogul and that he can impress Cheryl Cole and the other judges.
An X Factor spokesman confirmed al-Hamed, 21, had sung for "other executives" but denied he had met Simon.
Al-Hamed, who has been here for six years, is hoping to delay the asylum boot until at least the next run of filmed auditions, which hit Manchester next month.
A source said: "This must be a first - an asylum seeker using a reality TV show as the basis for his case.
"He has exhausted all the normal channels and now appears to be clinging to this."
Al-Hamed, who is from the United Arab Emirates, is understood to have tried several different arguments already to avoid being kicked out.
Initially he said he wanted to stay because he is gay, and then that his mother writes politically controversial articles in their own country.
He arrived here in 2004 and later spent a year studying at Bath University.
He is currently understood to be living in Liverpool. Source: The Sun
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Sunday, July 04, 2010
Immigration News Round up 4 July 2010
Yes, overseas students are turning to universities as UK government clamp down on private colleges
UK based Filipino students are increasingly looking to Universities as a place to continue their studies after having their fingers burned by private colleges.
Emigrating to Canada Increasing As the Appeal Widens
Canada is in a unique position within the main countries to which people choose to emigrate, as they possess the world’s most positive attitude to immigration.
Home Secretary’s statement to the House of Commons on immigration cap
Theresa May told the House of Commons that the government would ‘scale back net migration to the levels of the 1990s – with the effect that it will be in the tens of thousands rather than hundreds of thousands. Imposing a cap on non EU migrants from coming here to work is just one of the ways the government intends to achieve this.
Government limit for Tier 2 (General) of the points-based system
From April 2011, the government will introduce an annual limit on applications for Tier 2 (General) of the points-based system.
UK Border Agency issue clarification on changes to Tier 1 points
On 28 June the UK Border Agency (UKBA) announced that the pass mark for Tier 1 (General) will be increased from 95 points to 100 points from 19 July. Following a ‘number of enquires’ about who will be affected by this change, they have issued the following clarification…
Filipinos happily pursue dreams in London
Juanita Trinidad of the Manila Bulletin reports on Filipino’s living and working in the UK.
UK immigration cap Q&A – your questions answered
The BBC has produced this useful Q&A on the new immigration cap…
Immigration consultation launched by Migration Advisory Committee
The Migration Advisory Committee (MAC) launched a consultation yesterday on the annual limit of the number of non-EU migrants admitted to work in the UK through Tiers 1 and 2 of the points based system, the UK Border Agency announced.
UKBA challenge Appeal Court Tier 1 ruling on AP (Russia) and others
The UK Border Agency (UKBA) has issued the following statement on the Judgment by the Court of Appeal in the case of AP (Russia) and others on 23 June.
Immigrant cap will ‘hit growth’ business tells UK Government
The Government-imposed limit on immigration could pose a risk to the UK recovery, a prominent business group has told Sky News.
Philippine Government launches another program for OFW’s
The Department of Labor and Employment (DoLE) recently launched a program that ensures the efficient delivery of the social protection services to overseas Filipino workers (OFWs).
Immigration cap and restriction on overseas students threaten to divide cabinet
New moves to curb overseas student numbers threaten to trigger a fresh dispute within the coalition cabinet over immigration, the Guardian reports.
Immigration will be reduced says Home Office Immigration Minister
Damian Green, who replaced Phil Woolas following the general election, announced last week that the new government will introduce measures to ‘properly control immigration’ following figures released on 24 June which shows an increase in the UK population.
House of Commons Speaker to investigate leak claim
Commons Speaker John Bercow has promised to investigate claims that a statement on immigration was leaked to the media before MPs were informed, the BBC reports. Labour MP Chris Bryant accused ministers of “consistently leaking to the press”.
Home Office confirm UK migration limit
The number of non-EU workers entering the UK will be controlled by a new limit, the Home Secretary announced today.
UK Government scraps social care recruitment incentives
Guide2Care reports that the new coalition government has slashed a £75m programme to help 50,000 young unemployed people enter the adult social care workforce, in a move condemned by a leading care provider.
New Green Card Form I-9 Documentation
On May 11, 2010, USCIS (U.S. Citizenship and Immigration Services) announced it had redesigned the Permanent Resident Card, which most of us know more commonly as the Green Card.
American Immigration – what will be the impact of increased processing fees?
The following article by analyzes the rising costs of US Immigration petitions and applications and how these increased fees may impact those who wish to bring a foreign loved one to the United States of America.
Lib Dem defends temporary cap on non-EU migration
There have been several media reports that the coalition government has watered down its flagship ‘immigration cap’ election pledge after a cabinet revolt.
Government considers incentives to relocate UK jobless whilst capping immigration
The new government wants to get Britain’s jobless back to work through a series of ‘carrot and stick’ measures, whilst introducing an immediate cap on non-EU immigration.
Why the world wants to be Canadian
Survey results suggest Canada can thrive in the looming global talent wars, as 53 per cent of adults in the world’s 24 leading economies said they would migrate to Canada.
Weekly Immigration News Round up 27 June 2010
Weekly Immigration News Round up 27 June 2010
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
UK based Filipino students are increasingly looking to Universities as a place to continue their studies after having their fingers burned by private colleges.
Emigrating to Canada Increasing As the Appeal Widens
Canada is in a unique position within the main countries to which people choose to emigrate, as they possess the world’s most positive attitude to immigration.
Home Secretary’s statement to the House of Commons on immigration cap
Theresa May told the House of Commons that the government would ‘scale back net migration to the levels of the 1990s – with the effect that it will be in the tens of thousands rather than hundreds of thousands. Imposing a cap on non EU migrants from coming here to work is just one of the ways the government intends to achieve this.
Government limit for Tier 2 (General) of the points-based system
From April 2011, the government will introduce an annual limit on applications for Tier 2 (General) of the points-based system.
UK Border Agency issue clarification on changes to Tier 1 points
On 28 June the UK Border Agency (UKBA) announced that the pass mark for Tier 1 (General) will be increased from 95 points to 100 points from 19 July. Following a ‘number of enquires’ about who will be affected by this change, they have issued the following clarification…
Filipinos happily pursue dreams in London
Juanita Trinidad of the Manila Bulletin reports on Filipino’s living and working in the UK.
UK immigration cap Q&A – your questions answered
The BBC has produced this useful Q&A on the new immigration cap…
Immigration consultation launched by Migration Advisory Committee
The Migration Advisory Committee (MAC) launched a consultation yesterday on the annual limit of the number of non-EU migrants admitted to work in the UK through Tiers 1 and 2 of the points based system, the UK Border Agency announced.
UKBA challenge Appeal Court Tier 1 ruling on AP (Russia) and others
The UK Border Agency (UKBA) has issued the following statement on the Judgment by the Court of Appeal in the case of AP (Russia) and others on 23 June.
Immigrant cap will ‘hit growth’ business tells UK Government
The Government-imposed limit on immigration could pose a risk to the UK recovery, a prominent business group has told Sky News.
Philippine Government launches another program for OFW’s
The Department of Labor and Employment (DoLE) recently launched a program that ensures the efficient delivery of the social protection services to overseas Filipino workers (OFWs).
Immigration cap and restriction on overseas students threaten to divide cabinet
New moves to curb overseas student numbers threaten to trigger a fresh dispute within the coalition cabinet over immigration, the Guardian reports.
Immigration will be reduced says Home Office Immigration Minister
Damian Green, who replaced Phil Woolas following the general election, announced last week that the new government will introduce measures to ‘properly control immigration’ following figures released on 24 June which shows an increase in the UK population.
House of Commons Speaker to investigate leak claim
Commons Speaker John Bercow has promised to investigate claims that a statement on immigration was leaked to the media before MPs were informed, the BBC reports. Labour MP Chris Bryant accused ministers of “consistently leaking to the press”.
Home Office confirm UK migration limit
The number of non-EU workers entering the UK will be controlled by a new limit, the Home Secretary announced today.
UK Government scraps social care recruitment incentives
Guide2Care reports that the new coalition government has slashed a £75m programme to help 50,000 young unemployed people enter the adult social care workforce, in a move condemned by a leading care provider.
New Green Card Form I-9 Documentation
On May 11, 2010, USCIS (U.S. Citizenship and Immigration Services) announced it had redesigned the Permanent Resident Card, which most of us know more commonly as the Green Card.
American Immigration – what will be the impact of increased processing fees?
The following article by analyzes the rising costs of US Immigration petitions and applications and how these increased fees may impact those who wish to bring a foreign loved one to the United States of America.
Lib Dem defends temporary cap on non-EU migration
There have been several media reports that the coalition government has watered down its flagship ‘immigration cap’ election pledge after a cabinet revolt.
Government considers incentives to relocate UK jobless whilst capping immigration
The new government wants to get Britain’s jobless back to work through a series of ‘carrot and stick’ measures, whilst introducing an immediate cap on non-EU immigration.
Why the world wants to be Canadian
Survey results suggest Canada can thrive in the looming global talent wars, as 53 per cent of adults in the world’s 24 leading economies said they would migrate to Canada.
Weekly Immigration News Round up 27 June 2010
Weekly Immigration News Round up 27 June 2010
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Saturday, July 03, 2010
UK Home Office clarification on changes to Tier 1 points
On 28 June the UK Border Agency (UKBA) announced that the pass mark for Tier 1 (General) will be increased from 95 points to 100 points from 19 July. Following a ‘number of enquires’ about who will be affected by this change, they have issued the following clarification:
‘If you are in the UK in one of the following categories and are applying to extend your stay in Tier 1 (General), you will need to score 95 points:
If you are applying from outside the UK, you will need to score 100 points.’
Source: UK Border Agency
UKBA challenge Appeal Court Tier 1 ruling on AP (Russia) and others
Home Secretary’s statement to the House of Commons on immigration cap
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
‘If you are in the UK in one of the following categories and are applying to extend your stay in Tier 1 (General), you will need to score 95 points:
- Tier 1 (General)
- Highly Skilled Migrant Programme
- Writers, Composers and Artists
- Self-Employed Lawyers
If you are applying from outside the UK, you will need to score 100 points.’
Source: UK Border Agency
UKBA challenge Appeal Court Tier 1 ruling on AP (Russia) and others
Home Secretary’s statement to the House of Commons on immigration cap
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
UK Government impose limit for Tier 2 (General) working visas of points-based system
The UK government will slap a limit on the number of migrants from outside of the European Union from April 2011 and introduce an interim cap on 19 July 2010.
The Home Office this week issued the following announcement regarding the annual limit on non-EU migration:
From April 2011, the government will introduce an annual limit on applications for Tier 2 (General) of the points-based system.
An interim limit will be introduced from 19 July 2010 until the long-term limit is introduced in April 2011. The interim limit will apply only to the number of certificates of sponsorship that an employer can issue. Applications from migrants will continue to be assessed as normal.
The Intra company transfer, Sportsperson and Minister of religion categories of Tier 2 will not be included in the interim limit.
What is the interim limit?
From 19 July 2010, we will introduce a limit on the number of certificates of sponsorship that each sponsor can assign to migrant workers under Tier 2 (General).
Sponsors may request additional certificates of sponsorship, using the sponsorship management system, while the interim limit is in operation. However, we will only approve these requests in exceptional circumstances; the sponsor will need to show that it has used all its certificates of sponsorship and has a pressing need to issue further certificates of sponsorship.
Details of our criteria for assessing requests will be set out in updated sponsor guidance, which will be published on 19 July. We will give priority to certificates of sponsorship required for extension applications and shortage occupations
A number of certificates of sponsorship will be set aside for new sponsor licence holders.
Applicants who are in the UK in another immigration category and wish to switch into Tier 2 (General) will be included in the limit.
More information about the interim limit will be published on this page in due course.
What will happen to my application if the limit is reached?
A migrant must have a valid certificate of sponsorship to make a Tier 2 application. If you have a valid certificate of sponsorship, you are inside the limit and your application will be assessed as normal.
Source: Home Office
Government ministers such as the education secretary, Michael Gove, and the universities secretary, David Willetts, have privately warned last week that too rigid an immigration cap could hit Britain’s competitiveness and reputation among top overseas students. The business secretary, Vince Cable, voiced his concerns in public about a too-inflexible cap.
Home Secretary Theresa May has unveiled a consultation paper earlier this week outlining how the new annual limit for skilled migrants might work.
See also:
UK immigration cap Q&A – your questions answered
Immediate cap on non-EU migrant workers to be introduced by Home Office
Immigration cap ‘would damage hospitality sector’ say REC
Home Office confirm UK migration limit
Home Secretary’s statement to the House of Commons on immigration cap
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
The Home Office this week issued the following announcement regarding the annual limit on non-EU migration:
From April 2011, the government will introduce an annual limit on applications for Tier 2 (General) of the points-based system.
An interim limit will be introduced from 19 July 2010 until the long-term limit is introduced in April 2011. The interim limit will apply only to the number of certificates of sponsorship that an employer can issue. Applications from migrants will continue to be assessed as normal.
The Intra company transfer, Sportsperson and Minister of religion categories of Tier 2 will not be included in the interim limit.
What is the interim limit?
From 19 July 2010, we will introduce a limit on the number of certificates of sponsorship that each sponsor can assign to migrant workers under Tier 2 (General).
Sponsors may request additional certificates of sponsorship, using the sponsorship management system, while the interim limit is in operation. However, we will only approve these requests in exceptional circumstances; the sponsor will need to show that it has used all its certificates of sponsorship and has a pressing need to issue further certificates of sponsorship.
Details of our criteria for assessing requests will be set out in updated sponsor guidance, which will be published on 19 July. We will give priority to certificates of sponsorship required for extension applications and shortage occupations
A number of certificates of sponsorship will be set aside for new sponsor licence holders.
Applicants who are in the UK in another immigration category and wish to switch into Tier 2 (General) will be included in the limit.
More information about the interim limit will be published on this page in due course.
What will happen to my application if the limit is reached?
A migrant must have a valid certificate of sponsorship to make a Tier 2 application. If you have a valid certificate of sponsorship, you are inside the limit and your application will be assessed as normal.
Source: Home Office
Government ministers such as the education secretary, Michael Gove, and the universities secretary, David Willetts, have privately warned last week that too rigid an immigration cap could hit Britain’s competitiveness and reputation among top overseas students. The business secretary, Vince Cable, voiced his concerns in public about a too-inflexible cap.
Home Secretary Theresa May has unveiled a consultation paper earlier this week outlining how the new annual limit for skilled migrants might work.
See also:
UK immigration cap Q&A – your questions answered
Immediate cap on non-EU migrant workers to be introduced by Home Office
Immigration cap ‘would damage hospitality sector’ say REC
Home Office confirm UK migration limit
Home Secretary’s statement to the House of Commons on immigration cap
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Theresa May's statement to the House of Commons on immigration limit
Earlier this week the Home Secretary Theresa May announced that the number of workers entering the UK from outside Europe will be controlled by a new limit.
Theresa May told the House of Commons that the government would ‘scale back net migration to the levels of the 1990s - with the effect that it will be in the tens of thousands rather than hundreds of thousands. Imposing a cap on non EU migrants from coming here to work is just one of the ways the government intends to achieve this.
Details of how the final limit will be delivered will be agreed following a 12-week government consultation with businesses. In the meantime, an interim limit will be introduced to ensure that there is no 'closing down sale' and the number of work visas issued stays below 2009 levels.
The results of the consultation on the permanent limit will pave the way for the government's fundamental changes on the way in which workers from outside the European Union (EU) will be chosen to come and work in the UK.
The Home Secretary has also asked the Migration Advisory Committee, the government's independent adviser on migration issues, to launch a separate consultation into what level the limit should be set at, taking into account social and economic impacts.
Home Secretary Theresa May said:
'This government believes that Britain can benefit from migration but not uncontrolled migration. I recognise the importance of attracting the brightest and the best to ensure strong economic growth, but unlimited migration places unacceptable pressure on public services.
'While we consult on our tough new limit it's important we have an interim measure to avoid a "closing down sale" for migrants and ensure that the number of work visas issued stays below 2009 levels.
'The government will also introduce measures to support British people. Alongside limits will be action to get Britain back to work and provide business with the skills they need from the resident workforce - reducing the need for migrants at the same time as we reduce their number.'
These interim measures include:
'The government promised large-scale change to Britain's immigration system - and that is what we are delivering. Alongside the limit on non EU migrant workers, we have already introduced a requirement that those coming here to marry learn English, and our urgent review into child detention for immigration purposes is under way.'
Click here to find out about the consultation and how to take part in the consultation.
This UK Border Agency website contains more information about the Tier 1 interim limit and the Tier 2 interim limit.
Home Secretary's statement to the House of Commons
The Home Secretary made the following oral statement to the House of Commons today:
'Immigration has enriched our culture and enhanced our society. Britain can benefit from immigration, but not uncontrolled immigration. The levels of net migration seen under the previous government - an annual figure of almost a quarter of a million at its peak in 2004 - were unprecedented in recent times. It is this government's aim to reduce the level of net migration back down to the levels of the 1990s - tens of thousands each year, not hundreds of thousands.
'Of course, it is necessary to attract the world's very best talent to come to the UK to drive strong economic growth, but unlimited migration has placed unacceptable pressure on public services and, worse, severely damaged public confidence in our immigration system. Our over-reliance on migrant labour has done nothing to help the millions of unemployed and low-skilled British citizens who deserve the government's help to get back to work and improve their skills. The coalition's programme for government confirmed the government's intention to introduce an annual limit on the number of non-EU economic migrants admitted into the UK to live and work. We have always said that we will consult on the implementation of that limit. It is important that the government take full account of the views of business and other interested sectors. We want to ensure that we can properly weigh the economic considerations against the wider social and public service implications.
'I am therefore launching a consultation today on the mechanisms for implementing that annual limit, including questions about the coverage of limits, as well as the mechanics of how they will work in practice. The consultation also recognises the need to attract more high net-worth individuals to the UK through the routes for investors and entrepreneurs, which will not be covered by limits, and we ask for views on how that can be achieved. At the same time, I have commissioned the independent Migration Advisory Committee to provide advice to the government on the levels at which limits should be set for the first full year of their operation, which I intend should be from April 2011.
'I am sure that all Members of the House would agree with me that the Migration Advisory Committee has an excellent track record in this area, and I want to take this opportunity to record my thanks to David Metcalf and the rest of the committee for taking on this critical piece of work. The consultations will be complete by the end of September, and I intend to make final announcements about the first full annual limit before the end of the calendar year.
'It is important that today's announcement does not lead to a surge of applications during this interim period, which would lead to an increase in net migration, undermining the purpose of the limit and putting undue strain on the UK Border Agency. I am therefore also taking a number of interim measures, and I have laid a statement of changes to the Immigration Rules in support of those measures. First, I am introducing an interim limit on the number of out-of-country main applicants to Tier 1 (General). For 2010-11, this route will be held flat from the equivalent period for 2009-10. The Tier 1 routes for investors, entrepreneurs and the post-study route are not affected. Secondly, to ensure that those who do come through this route are the brightest and best, I am raising the Tier 1 (General) pass mark by five points for all new applicants.
'Thirdly, I am introducing an interim limit on the number of migrants who can be offered jobs by sponsor employers through Tier 2 (General). This route will be reduced in the interim period by 1,300 migrants, the equivalent of a 5 per cent reduction across the relevant routes of Tiers 1 and 2. The Tier 2 routes for intra-company transfers, ministers of religion and - I am not sure whether to say this, given the comments at the end of the Prime Minister's statement - elite sportspeople are not affected. These interim measures will take effect from 19 July.
'It is vital that we restore public confidence in our immigration system. Our plans to do that extend much further than the measures I am announcing today. We support e-Borders and the re-introduction of exit checks. We have said that we will create a dedicated border police force to enhance national security, improve immigration controls and crack down on the trafficking of people, weapons and drugs. We have committed to improving our asylum system to speed up the processing of applications. We have said that we will end the detention of children for immigration purposes, and the UK Border Agency has already launched a review engaging a wide range of experts and organisations on how to achieve this.
'Our commitment to reduce net migration will require action, as I am sure the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson) will indicate in a moment, beyond the economic routes. It may assist him if I tell the House now that I will be reviewing other immigration routes in due course and will be bringing forward further proposals for consideration by the House. And, of course, unlike the previous government, we are committed to applying transitional controls for all new EU member states.
'The commitment to introduce limits on non-EU economic migration is a major immigration commitment of the coalition government. Today's announcement is a key step towards the delivery of that commitment, and I commend this statement to the House.' Source: Uk Border Agency
See also:
Government limit for Tier 2 (General) of the points-based system
UK Border Agency issue clarification on changes to Tier 1 points
UKBA challenge Appeal Court Tier 1 ruling on AP (Russia) and others
UK immigration cap Q&A – your questions answered
Immediate cap on non-EU migrant workers to be introduced by Home Office
Immigration cap ‘would damage hospitality sector’ say REC
Home Office confirm UK migration limit
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Theresa May told the House of Commons that the government would ‘scale back net migration to the levels of the 1990s - with the effect that it will be in the tens of thousands rather than hundreds of thousands. Imposing a cap on non EU migrants from coming here to work is just one of the ways the government intends to achieve this.
Details of how the final limit will be delivered will be agreed following a 12-week government consultation with businesses. In the meantime, an interim limit will be introduced to ensure that there is no 'closing down sale' and the number of work visas issued stays below 2009 levels.
The results of the consultation on the permanent limit will pave the way for the government's fundamental changes on the way in which workers from outside the European Union (EU) will be chosen to come and work in the UK.
The Home Secretary has also asked the Migration Advisory Committee, the government's independent adviser on migration issues, to launch a separate consultation into what level the limit should be set at, taking into account social and economic impacts.
Home Secretary Theresa May said:
'This government believes that Britain can benefit from migration but not uncontrolled migration. I recognise the importance of attracting the brightest and the best to ensure strong economic growth, but unlimited migration places unacceptable pressure on public services.
'While we consult on our tough new limit it's important we have an interim measure to avoid a "closing down sale" for migrants and ensure that the number of work visas issued stays below 2009 levels.
'The government will also introduce measures to support British people. Alongside limits will be action to get Britain back to work and provide business with the skills they need from the resident workforce - reducing the need for migrants at the same time as we reduce their number.'
These interim measures include:
- a cap on the number of Tier 1 migrants at current levels and raising the number of points needed by non-EU workers who come to do highly skilled jobs from 95 to 100; and
- a limit on the number of certificates of sponsorship that licensed employers can issue to those who wish to come to fill skilled job vacancies. This will reduce the number of people entering through Tier 2 by 1,300.
'The government promised large-scale change to Britain's immigration system - and that is what we are delivering. Alongside the limit on non EU migrant workers, we have already introduced a requirement that those coming here to marry learn English, and our urgent review into child detention for immigration purposes is under way.'
Click here to find out about the consultation and how to take part in the consultation.
This UK Border Agency website contains more information about the Tier 1 interim limit and the Tier 2 interim limit.
Home Secretary's statement to the House of Commons
The Home Secretary made the following oral statement to the House of Commons today:
'Immigration has enriched our culture and enhanced our society. Britain can benefit from immigration, but not uncontrolled immigration. The levels of net migration seen under the previous government - an annual figure of almost a quarter of a million at its peak in 2004 - were unprecedented in recent times. It is this government's aim to reduce the level of net migration back down to the levels of the 1990s - tens of thousands each year, not hundreds of thousands.
'Of course, it is necessary to attract the world's very best talent to come to the UK to drive strong economic growth, but unlimited migration has placed unacceptable pressure on public services and, worse, severely damaged public confidence in our immigration system. Our over-reliance on migrant labour has done nothing to help the millions of unemployed and low-skilled British citizens who deserve the government's help to get back to work and improve their skills. The coalition's programme for government confirmed the government's intention to introduce an annual limit on the number of non-EU economic migrants admitted into the UK to live and work. We have always said that we will consult on the implementation of that limit. It is important that the government take full account of the views of business and other interested sectors. We want to ensure that we can properly weigh the economic considerations against the wider social and public service implications.
'I am therefore launching a consultation today on the mechanisms for implementing that annual limit, including questions about the coverage of limits, as well as the mechanics of how they will work in practice. The consultation also recognises the need to attract more high net-worth individuals to the UK through the routes for investors and entrepreneurs, which will not be covered by limits, and we ask for views on how that can be achieved. At the same time, I have commissioned the independent Migration Advisory Committee to provide advice to the government on the levels at which limits should be set for the first full year of their operation, which I intend should be from April 2011.
'I am sure that all Members of the House would agree with me that the Migration Advisory Committee has an excellent track record in this area, and I want to take this opportunity to record my thanks to David Metcalf and the rest of the committee for taking on this critical piece of work. The consultations will be complete by the end of September, and I intend to make final announcements about the first full annual limit before the end of the calendar year.
'It is important that today's announcement does not lead to a surge of applications during this interim period, which would lead to an increase in net migration, undermining the purpose of the limit and putting undue strain on the UK Border Agency. I am therefore also taking a number of interim measures, and I have laid a statement of changes to the Immigration Rules in support of those measures. First, I am introducing an interim limit on the number of out-of-country main applicants to Tier 1 (General). For 2010-11, this route will be held flat from the equivalent period for 2009-10. The Tier 1 routes for investors, entrepreneurs and the post-study route are not affected. Secondly, to ensure that those who do come through this route are the brightest and best, I am raising the Tier 1 (General) pass mark by five points for all new applicants.
'Thirdly, I am introducing an interim limit on the number of migrants who can be offered jobs by sponsor employers through Tier 2 (General). This route will be reduced in the interim period by 1,300 migrants, the equivalent of a 5 per cent reduction across the relevant routes of Tiers 1 and 2. The Tier 2 routes for intra-company transfers, ministers of religion and - I am not sure whether to say this, given the comments at the end of the Prime Minister's statement - elite sportspeople are not affected. These interim measures will take effect from 19 July.
'It is vital that we restore public confidence in our immigration system. Our plans to do that extend much further than the measures I am announcing today. We support e-Borders and the re-introduction of exit checks. We have said that we will create a dedicated border police force to enhance national security, improve immigration controls and crack down on the trafficking of people, weapons and drugs. We have committed to improving our asylum system to speed up the processing of applications. We have said that we will end the detention of children for immigration purposes, and the UK Border Agency has already launched a review engaging a wide range of experts and organisations on how to achieve this.
'Our commitment to reduce net migration will require action, as I am sure the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson) will indicate in a moment, beyond the economic routes. It may assist him if I tell the House now that I will be reviewing other immigration routes in due course and will be bringing forward further proposals for consideration by the House. And, of course, unlike the previous government, we are committed to applying transitional controls for all new EU member states.
'The commitment to introduce limits on non-EU economic migration is a major immigration commitment of the coalition government. Today's announcement is a key step towards the delivery of that commitment, and I commend this statement to the House.' Source: Uk Border Agency
See also:
Government limit for Tier 2 (General) of the points-based system
UK Border Agency issue clarification on changes to Tier 1 points
UKBA challenge Appeal Court Tier 1 ruling on AP (Russia) and others
UK immigration cap Q&A – your questions answered
Immediate cap on non-EU migrant workers to be introduced by Home Office
Immigration cap ‘would damage hospitality sector’ say REC
Home Office confirm UK migration limit
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Monday, June 28, 2010
Lib Dem's Cable defends temporary cap on non-EU migration
There have been several media reports that the coalition government has watered down its flagship ‘immigration cap’ election pledge after a cabinet revolt.
The BBC reports that the Business Secretary Vince Cable defended government plans for a temporary cap on migrant workers from outside the EU, but said it must be implemented in a "flexible way".
The government has informed the media that it will announce a limit of 24,100 until April 2011 while the coalition consults on introducing a permanent cap.
Mr Cable said ministers had "signed up" to the principle of a cap, but they must "accommodate" the needs of certain industries as well as universities.
Labour has said an arbitrary immigration cap is "fraught with difficulty".
The Lib Dems opposed Conservative proposals for an annual cap before the election - but agreed to back the proposal as part of their coalition agreement.
'Public reassurance'
The temporary cap, due to be announced today by Home Secretary Theresa May, is aimed at preventing a rush of applications before a permanent figure is agreed.
Mr Cable told the BBC's Andrew Marr show that it was designed to "pre-empt a flood" of new arrivals in the period before permanent arrangements came into force.
Businesses have warned that the cap could stop them from filling vacancies at times of high demand and also recruiting people with specific skills in areas such as catering and social care.
Critics have said the measures could have a detrimental effect on the higher education sector, which is reliant for much of its income on foreign students.
"The new regime has to accommodate those concerns," Mr Cable said. "It has to be implemented in a flexible way."
The government had to "reassure the public" that there was an effective system of immigration controls in place but also to ensure the economy was not damaged as it seeks to recover from the effects of the recession.
'Confident'
He said talks between Conservative and Lib Dem ministers on the issue had been "collegiate".
"I am confident the way it is being implemented will achieve these objectives," he said.
During the election campaign David Cameron said he wanted to reduce net annual migration - the number of immigrants minus the number emigrating from the UK - from hundreds of thousands currently to tens of thousands.
Labour says any policy needs to be "tough but fair" and that the points-based system it introduced in 2008 has succeeded in reducing immigration levels and stopping unskilled workers from outside the EU coming into the UK.
The home secretary will give details of the consultation process ministers will undertake before deciding what the permanent cap should be.
It has been reported that this could include the option of exempting job categories to reflect skills shortages in some areas.
Mr Cable also defended the Budget, saying many of the spending cuts and tax rises announced by Chancellor George Osborne were "unpleasant" but action was needed to deal with the "horrendous" financial situation the coalition had inherited.
Measures such as raising the income tax threshold for the lowest-paid - as well maintaining the top rate 50p tax band and cutting pension tax relief for the better-off - helped offset the VAT increase in terms of where the burden fell, he added.
"If you look at the package as a whole, that makes the balance much better and more equitable," he said.
He also played down talk that Lib Dem MPs could seek to table amendments to the Budget following comments by the party's Deputy Leader Simon Hughes last week.
"We have a balanced package as it is," he added. "We are not reopening it." Source: BBC
During the election campaign the Liberal's were the only main party to suggest an amnesty as a way of dealing with the estimated 750,000 immigrants illegally in the UK. Although their honesty did not go down too well with voters they now find themselves, through the coalition government, in a position to influence immigration policy.
See also:
Immediate cap on non-EU migrant workers to be introduced by Home Office
Demographic shift ‘will cut UK growth’ according to ONS figures
Immigration cap ‘would damage hospitality sector’ say REC
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
The BBC reports that the Business Secretary Vince Cable defended government plans for a temporary cap on migrant workers from outside the EU, but said it must be implemented in a "flexible way".
The government has informed the media that it will announce a limit of 24,100 until April 2011 while the coalition consults on introducing a permanent cap.
Mr Cable said ministers had "signed up" to the principle of a cap, but they must "accommodate" the needs of certain industries as well as universities.
Labour has said an arbitrary immigration cap is "fraught with difficulty".
The Lib Dems opposed Conservative proposals for an annual cap before the election - but agreed to back the proposal as part of their coalition agreement.
'Public reassurance'
The temporary cap, due to be announced today by Home Secretary Theresa May, is aimed at preventing a rush of applications before a permanent figure is agreed.
Mr Cable told the BBC's Andrew Marr show that it was designed to "pre-empt a flood" of new arrivals in the period before permanent arrangements came into force.
Businesses have warned that the cap could stop them from filling vacancies at times of high demand and also recruiting people with specific skills in areas such as catering and social care.
Critics have said the measures could have a detrimental effect on the higher education sector, which is reliant for much of its income on foreign students.
"The new regime has to accommodate those concerns," Mr Cable said. "It has to be implemented in a flexible way."
The government had to "reassure the public" that there was an effective system of immigration controls in place but also to ensure the economy was not damaged as it seeks to recover from the effects of the recession.
'Confident'
He said talks between Conservative and Lib Dem ministers on the issue had been "collegiate".
"I am confident the way it is being implemented will achieve these objectives," he said.
During the election campaign David Cameron said he wanted to reduce net annual migration - the number of immigrants minus the number emigrating from the UK - from hundreds of thousands currently to tens of thousands.
Labour says any policy needs to be "tough but fair" and that the points-based system it introduced in 2008 has succeeded in reducing immigration levels and stopping unskilled workers from outside the EU coming into the UK.
The home secretary will give details of the consultation process ministers will undertake before deciding what the permanent cap should be.
It has been reported that this could include the option of exempting job categories to reflect skills shortages in some areas.
Mr Cable also defended the Budget, saying many of the spending cuts and tax rises announced by Chancellor George Osborne were "unpleasant" but action was needed to deal with the "horrendous" financial situation the coalition had inherited.
Measures such as raising the income tax threshold for the lowest-paid - as well maintaining the top rate 50p tax band and cutting pension tax relief for the better-off - helped offset the VAT increase in terms of where the burden fell, he added.
"If you look at the package as a whole, that makes the balance much better and more equitable," he said.
He also played down talk that Lib Dem MPs could seek to table amendments to the Budget following comments by the party's Deputy Leader Simon Hughes last week.
"We have a balanced package as it is," he added. "We are not reopening it." Source: BBC
During the election campaign the Liberal's were the only main party to suggest an amnesty as a way of dealing with the estimated 750,000 immigrants illegally in the UK. Although their honesty did not go down too well with voters they now find themselves, through the coalition government, in a position to influence immigration policy.
See also:
Immediate cap on non-EU migrant workers to be introduced by Home Office
Demographic shift ‘will cut UK growth’ according to ONS figures
Immigration cap ‘would damage hospitality sector’ say REC
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Saturday, June 26, 2010
Immigration News Round up 27 June 2010
American Immigration – what will be the impact of increased processing fees?
The following article by analyzes the rising costs of US Immigration petitions and applications and how these increased fees may impact those who wish to bring a foreign loved one to the United States of America.
Points Based System appeal case succeeds
The appeal against the Home Office interpretation of the Points Based System has succeeded in the Court of Appeal. The case is Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719. The question now is where this leaves the Home Office/UK Border Agency on the many Judicial Review cases it is defending against international colleges and English UK. FULL STORY
UKBA immigration officials are failing victims of domestic violence says leading Barrister
An article by leading immigration Barrister Colin Yeo for the Guardian.
Border Agency bust sham marriage – six arrested
The UK Border Agency reports that a bride and groom together with four wedding guests were arrested as part of an investigation into a suspected sham marriage.
Demographic shift ‘will cut UK growth’ according to ONS figures
Office for Budget Responsibility predicts curbs on immigration and costs of an ageing society will slow economy’s growth rate…
Canadian Government takes on rogue immigration consultants
People seeking help to emigrate to Canada are set to be better protected after the Canadian government announced new legislation to deal with fraudulent immigration consultants.
Yarl’s Wood Immigration Removal Centre expansion plans scrapped
Plans to double the size of Yarl’s Wood Immigration Removal Centre in north Bedfordshire have been scrapped.
American town bans renting property to illegal immigrants
American voters in Fremont Nebraska on Monday approved a ban on hiring or renting property to illegal immigrants, the latest proposal in a series of immigration regulations taken up by communities around the country.
Early day motion by MP’s in support of doomed RMJ
The JCWI has called for members to write to their MP’s to ask for support for the Early Day Motion to save the RMJ.
JCWI call for demo against Refugee and Migrant Justice closure
The Joint Council for Welfare of Immigrants (JWCI) has issued a press release calling on the government to take urgent action to prevent the closure of Refugee and Migrant Justice (RMJ).
Overseas Filipino workers boost Philippine balance of payments
The Philippines balance of payments (BOP) surplus rose by almost a third in the first five months of the year, as more foreign exchange flowed in (from OFW’s) through loans against domestic currency used to pay the country’s debts.
Why the world wants to be Canadian
More than half of people around the world say they would abandon their homelands and emigrate to Canada if they could.
Filipino domestic workers struggle for justice and survival
ABS-CBN’s Niña Corpuz, the author of the article, “Filipino Domestic Workers: between justice and survival,” won the 2010 edition of the journalistic prize for the best story on labour rights, awarded by the International Training Centre of the ILO (ITC-ILO), the training arm of the ILO.
See also:
Weekly Immigration News Round up 20 June 2010
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
For more information on how you can migrate to Canada - CLICK HERE
Complete USA Immigration and Naturalization Package
For more information on US Naturalization and immigration Click Here!
The following article by analyzes the rising costs of US Immigration petitions and applications and how these increased fees may impact those who wish to bring a foreign loved one to the United States of America.
Points Based System appeal case succeeds
The appeal against the Home Office interpretation of the Points Based System has succeeded in the Court of Appeal. The case is Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719. The question now is where this leaves the Home Office/UK Border Agency on the many Judicial Review cases it is defending against international colleges and English UK. FULL STORY
UKBA immigration officials are failing victims of domestic violence says leading Barrister
An article by leading immigration Barrister Colin Yeo for the Guardian.
Border Agency bust sham marriage – six arrested
The UK Border Agency reports that a bride and groom together with four wedding guests were arrested as part of an investigation into a suspected sham marriage.
Demographic shift ‘will cut UK growth’ according to ONS figures
Office for Budget Responsibility predicts curbs on immigration and costs of an ageing society will slow economy’s growth rate…
Canadian Government takes on rogue immigration consultants
People seeking help to emigrate to Canada are set to be better protected after the Canadian government announced new legislation to deal with fraudulent immigration consultants.
Yarl’s Wood Immigration Removal Centre expansion plans scrapped
Plans to double the size of Yarl’s Wood Immigration Removal Centre in north Bedfordshire have been scrapped.
American town bans renting property to illegal immigrants
American voters in Fremont Nebraska on Monday approved a ban on hiring or renting property to illegal immigrants, the latest proposal in a series of immigration regulations taken up by communities around the country.
Early day motion by MP’s in support of doomed RMJ
The JCWI has called for members to write to their MP’s to ask for support for the Early Day Motion to save the RMJ.
JCWI call for demo against Refugee and Migrant Justice closure
The Joint Council for Welfare of Immigrants (JWCI) has issued a press release calling on the government to take urgent action to prevent the closure of Refugee and Migrant Justice (RMJ).
Overseas Filipino workers boost Philippine balance of payments
The Philippines balance of payments (BOP) surplus rose by almost a third in the first five months of the year, as more foreign exchange flowed in (from OFW’s) through loans against domestic currency used to pay the country’s debts.
Why the world wants to be Canadian
More than half of people around the world say they would abandon their homelands and emigrate to Canada if they could.
Filipino domestic workers struggle for justice and survival
ABS-CBN’s Niña Corpuz, the author of the article, “Filipino Domestic Workers: between justice and survival,” won the 2010 edition of the journalistic prize for the best story on labour rights, awarded by the International Training Centre of the ILO (ITC-ILO), the training arm of the ILO.
See also:
Weekly Immigration News Round up 20 June 2010
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
For more information on how you can migrate to Canada - CLICK HERE
Complete USA Immigration and Naturalization Package
For more information on US Naturalization and immigration Click Here!
Home Office will bring in immediate cap on non-EU migrant workers
A temporary limit on the number of migrant workers from outside the EU allowed into the UK is to be introduced ahead of a planned permanent cap, the BBC reports.
New Home Secretary Theresa May will limit the number of workers to 24,100 - down around 5% - between now and April 2011.
The Conservatives' election pledge to curb immigration survived the coalition agreement with the Liberal Democrats.
Labour said that the introduction of an arbitrary immigration cap "is fraught with difficulty".
The temporary cap is aimed at preventing a rush of applications before a permanent cap is set next April.
Ms May will announce the move on Monday, as she launches a consultation process for deciding the level of the permanent cap.
Julia Onslow-Cole, of PricewaterhouseCoopers, told the BBC that every overseas national brought by firms into the UK cost them three times as much as hiring a resident worker.
"They are not spending this money for nothing, they really need that expertise.
"Particularly in these economic times, I think it's very important that we allow businesses a free choice to bring in overseas nationals," she said.
The Bangladesh Caterers' Association - which represents 12,000 Asian restaurants across the UK - says a cap on immigration will have a serious effect on their ability to recruit skilled chefs from outside the EU to work in the UK.
A spokeswoman for the sector said it contributed £30bn to the UK economy and the planned temporary limit would hinder economic recovery and growth.
The Recruitment and Employment Confederation (REC), which represents the UK's £27bn private recruitment industry, also said it was concerned the cap would lead to greater skills shortages and would affect the delivery of social care in some areas.
A spokesman for the Confederation of British Industry said the organisation would wait until an announcement by the home secretary on Monday before making any comment.
A spokesman for the Labour Party said they would wait until Monday to make a full response, but added: "It seems that senior Tories are also doubtful about the proposals.
"The tough Australian-style points system introduced by Labour has already had a big impact on bringing down migrant numbers and closed the door to unskilled workers from outside the EU.
"We remain committed to an approach that will help our economy and which is tough but fair."
During the election campaign David Cameron said he wanted to reduce net annual migration - the number of immigrants minus the number emigrating from the UK - from hundreds of thousands to tens of thousands. The figure currently stands at 163,000.
The Liberal Democrats opposed a cap during the election campaign in May but signed up to the Tory idea as part of the coalition deal.
However they won agreement to end the detention of children in immigration centres.
Alp Mehmet, of MigrationWatchUK, said the introduction of a temporary limit was "a welcome sign that the government is starting as it means to continue".
He said: "We need carefully to consider how net immigration will be brought down to tens of thousands - we believe about 40,000 is a realistic target - rather than the hundreds of thousands of the last 10 years, and is therefore good news for all our people, including immigrants and future immigrants.
"Immigration at the levels of the past decade is in no-one's interest."
Tory MP Peter Bottomley, a member of the cross-party campaign group, Balanced Migration, said the cap was needed.
"Clearly you need to have people you need. If for example, you have Canadian graduates with teaching diplomas, those are the sorts of people we need.
"For many others, we actually have 8% unemployment. It's not the employment thing that matters most to most people, the biggest thing is the effect on environment and on planning."
Tim Finch from the Institute of Public Policy Research, said the measures were just a stopgap and would have a detrimental effect on the higher education sector.
He added: "Do we really want to have restrictions on foreign students at a time when the higher education sector is facing funding cuts and is going to rely on the fees that those students bring in?"
The new government has also axed the national identity card scheme. It was brought in by Labour to tackle fraud, illegal immigration and identity theft but was often criticised for being too expensive and an infringement of civil liberties.
Ministers are also bringing forward to the autumn measures requiring many immigrants marrying UK citizens to prove they have a command of English.
The plans, which Labour had planned to introduce in July 2011, will apply to partners coming to the UK from areas outside the EU, such as South Asia.
What is your reaction to this story? Are you an immigrant from outside the EU? Do you run a business which employs migrant workers? Should the government put a cap on migration?
Office for Budget Responsibility recently predicted that curbs on immigration and costs of an ageing society will slow economy’s growth rate.
Evelie Padadac of Bison UK, which specialises in work and study related visas, said:
"A cap on non-EU migrant workers will do little to help employers who have no other choice but to bring in overseas staff to fill vacant positions.
"Bison UK has just reduced fees for Tier 2 processing and we are extremely busy helping employers become sponsors and worker obtain working visas."
See also:
Demographic shift ‘will cut UK growth’ according to ONS figures
Immigration cap ‘would damage hospitality sector’ say REC
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
New Home Secretary Theresa May will limit the number of workers to 24,100 - down around 5% - between now and April 2011.
The Conservatives' election pledge to curb immigration survived the coalition agreement with the Liberal Democrats.
Labour said that the introduction of an arbitrary immigration cap "is fraught with difficulty".
The temporary cap is aimed at preventing a rush of applications before a permanent cap is set next April.
Ms May will announce the move on Monday, as she launches a consultation process for deciding the level of the permanent cap.
Julia Onslow-Cole, of PricewaterhouseCoopers, told the BBC that every overseas national brought by firms into the UK cost them three times as much as hiring a resident worker.
"They are not spending this money for nothing, they really need that expertise.
"Particularly in these economic times, I think it's very important that we allow businesses a free choice to bring in overseas nationals," she said.
The Bangladesh Caterers' Association - which represents 12,000 Asian restaurants across the UK - says a cap on immigration will have a serious effect on their ability to recruit skilled chefs from outside the EU to work in the UK.
A spokeswoman for the sector said it contributed £30bn to the UK economy and the planned temporary limit would hinder economic recovery and growth.
The Recruitment and Employment Confederation (REC), which represents the UK's £27bn private recruitment industry, also said it was concerned the cap would lead to greater skills shortages and would affect the delivery of social care in some areas.
A spokesman for the Confederation of British Industry said the organisation would wait until an announcement by the home secretary on Monday before making any comment.
A spokesman for the Labour Party said they would wait until Monday to make a full response, but added: "It seems that senior Tories are also doubtful about the proposals.
"The tough Australian-style points system introduced by Labour has already had a big impact on bringing down migrant numbers and closed the door to unskilled workers from outside the EU.
"We remain committed to an approach that will help our economy and which is tough but fair."
During the election campaign David Cameron said he wanted to reduce net annual migration - the number of immigrants minus the number emigrating from the UK - from hundreds of thousands to tens of thousands. The figure currently stands at 163,000.
The Liberal Democrats opposed a cap during the election campaign in May but signed up to the Tory idea as part of the coalition deal.
However they won agreement to end the detention of children in immigration centres.
Alp Mehmet, of MigrationWatchUK, said the introduction of a temporary limit was "a welcome sign that the government is starting as it means to continue".
He said: "We need carefully to consider how net immigration will be brought down to tens of thousands - we believe about 40,000 is a realistic target - rather than the hundreds of thousands of the last 10 years, and is therefore good news for all our people, including immigrants and future immigrants.
"Immigration at the levels of the past decade is in no-one's interest."
Tory MP Peter Bottomley, a member of the cross-party campaign group, Balanced Migration, said the cap was needed.
"Clearly you need to have people you need. If for example, you have Canadian graduates with teaching diplomas, those are the sorts of people we need.
"For many others, we actually have 8% unemployment. It's not the employment thing that matters most to most people, the biggest thing is the effect on environment and on planning."
Tim Finch from the Institute of Public Policy Research, said the measures were just a stopgap and would have a detrimental effect on the higher education sector.
He added: "Do we really want to have restrictions on foreign students at a time when the higher education sector is facing funding cuts and is going to rely on the fees that those students bring in?"
The new government has also axed the national identity card scheme. It was brought in by Labour to tackle fraud, illegal immigration and identity theft but was often criticised for being too expensive and an infringement of civil liberties.
Ministers are also bringing forward to the autumn measures requiring many immigrants marrying UK citizens to prove they have a command of English.
The plans, which Labour had planned to introduce in July 2011, will apply to partners coming to the UK from areas outside the EU, such as South Asia.
What is your reaction to this story? Are you an immigrant from outside the EU? Do you run a business which employs migrant workers? Should the government put a cap on migration?
Office for Budget Responsibility recently predicted that curbs on immigration and costs of an ageing society will slow economy’s growth rate.
Evelie Padadac of Bison UK, which specialises in work and study related visas, said:
"A cap on non-EU migrant workers will do little to help employers who have no other choice but to bring in overseas staff to fill vacant positions.
"Bison UK has just reduced fees for Tier 2 processing and we are extremely busy helping employers become sponsors and worker obtain working visas."
See also:
Demographic shift ‘will cut UK growth’ according to ONS figures
Immigration cap ‘would damage hospitality sector’ say REC
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Filipino domestic workers struggle for justice say ABS CBN
ABS-CBN's Niña Corpuz, the author of the article, "Filipino Domestic Workers: between justice and survival," won the 2010 edition of the journalistic prize for the best story on labour rights, awarded by the International Training Centre of the ILO (ITC-ILO), the training arm of the ILO.
The article was selected among stories written by professional journalists who attended the training courses on "Communicating Labour Rights," yearly organized by the ITC-ILO.
The courses introduce journalists and media professionals from all over the world, to international labour standards, with the aim of raising public awareness of their relevance to local labour and social issues.
The award ceremony was held in Turin, Italy, on Monday 21st June 2010 at the ITC-ILO.
Niña Corpuz is a broadcast journalist for the Philippine's biggest TV network, ABS-CBN Broadcasting Corporation. She has been a reporter for 9 years, covering labour, education, health and politics. She also anchors a television news program entitled "Balitang Europe" (News from Europe), which tackles the concerns of overseas Filipino workers in
Europe.
Niña also hosts a public service radio program, with Philippine Vice-President Noli de Castro, on ABS-CBN's AM station, DZMM, the No. 1 radio station in the Philippines. The program, "Para sa yo Bayan" (For the Country) discusses national issues affecting the Philippines, including the situation of overseas Filipino workers. She also anchors a radio talk show, "Magandang Gabi Doc" (Good Evening Doctor) which discusses health issues with the Philippines' top doctors. Niña is also a contributor for ABS-CBN's news website, www.abs-cbnews.com. Most recently, she joined the team of reporters who covered the Philippines' 1st nationwide automated Presidential elections. Source: ABS CBN News, Manila.
See also:
Overseas Filipino workers boost Philippine balance of payments
US Green cards face fee hikes
Complete USA Immigration and Naturalization Package
For more information on US Naturalization and immigration Click Here!
Ultimate Guide to Job Interview Answers
"How To Answer Any Question An Interviewer Could Possibly Throw At You! ... " Click Here!
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
The article was selected among stories written by professional journalists who attended the training courses on "Communicating Labour Rights," yearly organized by the ITC-ILO.
The courses introduce journalists and media professionals from all over the world, to international labour standards, with the aim of raising public awareness of their relevance to local labour and social issues.
The award ceremony was held in Turin, Italy, on Monday 21st June 2010 at the ITC-ILO.
Niña Corpuz is a broadcast journalist for the Philippine's biggest TV network, ABS-CBN Broadcasting Corporation. She has been a reporter for 9 years, covering labour, education, health and politics. She also anchors a television news program entitled "Balitang Europe" (News from Europe), which tackles the concerns of overseas Filipino workers in
Europe.
Niña also hosts a public service radio program, with Philippine Vice-President Noli de Castro, on ABS-CBN's AM station, DZMM, the No. 1 radio station in the Philippines. The program, "Para sa yo Bayan" (For the Country) discusses national issues affecting the Philippines, including the situation of overseas Filipino workers. She also anchors a radio talk show, "Magandang Gabi Doc" (Good Evening Doctor) which discusses health issues with the Philippines' top doctors. Niña is also a contributor for ABS-CBN's news website, www.abs-cbnews.com. Most recently, she joined the team of reporters who covered the Philippines' 1st nationwide automated Presidential elections. Source: ABS CBN News, Manila.
See also:
Overseas Filipino workers boost Philippine balance of payments
US Green cards face fee hikes
Complete USA Immigration and Naturalization Package
For more information on US Naturalization and immigration Click Here!
Ultimate Guide to Job Interview Answers
"How To Answer Any Question An Interviewer Could Possibly Throw At You! ... " Click Here!
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Friday, June 25, 2010
UK Border Agency bust sham marriage – six arrests
The UK Border Agency reports that a bride and groom together with four wedding guests were arrested as part of an investigation into a suspected sham marriage.
Acting on intelligence, officers from the UK Border Agency's north west immigration crime team targeted Manchester Register Office at around midday, as the service was about to start.
The would be bride, a Nigerian national, and her groom, a Czech male were both arrested for conspiracy to assist unlawful immigration. Two marriage witnesses, both Nigerian were also arrested along with two other Nigerian wedding guests on suspicion of assisting illegal immigration. All six are now being questioned by police and immigration officers.
In a follow up operation the UK Border Agency crime team conducted searches at four addresses in Manchester and one in Liverpool.
Dave Magrath, Head of the UK Border Agency immigration crime team in the north-west, said:
'We are committed to tackling sham marriages and take action against those who try to falsify marriages in order to gain entry to the UK.
'We have specialist teams of immigration officers and police working o investigate cases just like this and ensuring people are not able to benefit from breaking the UK's immigration laws.' Source: UK Border Agency
See also:
UK Border Agency foils sham marriage
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Acting on intelligence, officers from the UK Border Agency's north west immigration crime team targeted Manchester Register Office at around midday, as the service was about to start.
The would be bride, a Nigerian national, and her groom, a Czech male were both arrested for conspiracy to assist unlawful immigration. Two marriage witnesses, both Nigerian were also arrested along with two other Nigerian wedding guests on suspicion of assisting illegal immigration. All six are now being questioned by police and immigration officers.
In a follow up operation the UK Border Agency crime team conducted searches at four addresses in Manchester and one in Liverpool.
Dave Magrath, Head of the UK Border Agency immigration crime team in the north-west, said:
'We are committed to tackling sham marriages and take action against those who try to falsify marriages in order to gain entry to the UK.
'We have specialist teams of immigration officers and police working o investigate cases just like this and ensuring people are not able to benefit from breaking the UK's immigration laws.' Source: UK Border Agency
See also:
UK Border Agency foils sham marriage
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
UKBA immigration officials are failing victims of domestic violence says leading Barrister
An article by leading immigration Barrister Colin Yeo for the Guardian.
The stated intention of the domestic violence immigration rule is to prevent a woman from being trapped in an abusive relationship in order to get status in the UK. Normally, she must remain in the relationship in order to get permanent leave to remain in the UK. This rule provides an escape route. It is a noble and well-intentioned rule but the unlawful, restrictive and plain ignorant approach of officials makes it virtually impossible for many genuine victims of domestic violence to succeed. And yet, the UK Border Agency (UKBA) routinely refuses immigration applications from women who are victims.
Cases where there is no court conviction of the man in question, or alternatively without evidence from an "independent and objective" source, are rejected out of hand without any proper consideration of the evidence that is available. Even police and domestic violence shelter letters of support are considered inadequate evidence if they are deemed to rely on the word of the victim rather than direct witnessing of the violence in question.
This approach may seem reasonable at first blush. Cases must be supported by evidence, after all, and it would be wrong to assume without evidence that the men in question are indeed perpetrators of domestic violence. In truth, though, the approach followed by officials is perverse and withholds protection from those who most need it. Domestic violence belongs to the private sphere: it is part of its pernicious nature. There are normally no direct witnesses and there are very few convictions, despite its prevalence. The requirement for "independent and objective" evidence of a private act would therefore make Kafka, well, blush.
I recently represented a woman who submitted two police reports, letters of support from various domestic violence help organisations, reams of abusive, threatening and violent text messages and emails and witness statements from many friends and family members who had witnessed her partner's abusive and erratic behaviour. Most of this evidence dated to well before the marriage had broken down, and before the woman could conceivably have been interested in preparing for an immigration application based on domestic violence. Still, this was not enough, and the case was initially rejected on the grounds that much of the evidence could be forged (not that it had been, only that it could be) and the rest was from people who had not themselves directly witnessed actual violence.
Essentially, the official was suggesting, without ever saying so, that from the day she entered the UK the woman had lied to the police, lied to her friends and family, and had herself sat down and written tens of pages of text messages and email exchanges. There was, of course, no evidence to support this bizarre theory and there was nothing in the paperwork or evidence itself to suggest that it was false or forged. The official seemed to be ignorant of basic information on domestic violence. For example, the fact that 44% of victims experience it repeatedly, that on average 35 assaults occur before the police are called, and that only between 23% and 35% of incidents are reported to authorities.
This is certainly not the only example I have come across recently, and other lawyers and organisations report similar experiences.
Other departments of the previous government recognised that the private nature of domestic violence makes victims peculiarly vulnerable, but at UKBA some officials prefer to turn a blind eye. The courts and UKBA's own policy on this type of application clearly state that all relevant evidence must be considered, although UKBA policy says that reports from those who have not directly witnessed the abuse should be "treated with caution".
The problem lies not so much in the policy or the law. It is in the culture of disbelief so prevalent amongst officials at UKBA and in their sheer ignorance of the complexities of the cases they have to decide. Instead of engaging with the available evidence and making a judgment on whether the woman is telling the truth, artificial and arbitrary evidential requirements are imposed.
Officials need to get out from behind their filing cabinets. They need to meet the people whose lives they hold in their hands. It is only if they have some understanding and empathy that officials can make decent and high quality decisions. Source: Colin Yeo for guardian.co.uk
See also:
Early day motion by MP’s in support of doomed RMJ
JCWI call for demo against Refugee and Migrant Justice closure
Justice Secretary defends government over Refugee and Migrant Justice collapse
Weekly Immigration News Round up 20 June 2010
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Complete USA Immigration and Naturalization Package
For more information on US Naturalization and immigration Click Here!
The stated intention of the domestic violence immigration rule is to prevent a woman from being trapped in an abusive relationship in order to get status in the UK. Normally, she must remain in the relationship in order to get permanent leave to remain in the UK. This rule provides an escape route. It is a noble and well-intentioned rule but the unlawful, restrictive and plain ignorant approach of officials makes it virtually impossible for many genuine victims of domestic violence to succeed. And yet, the UK Border Agency (UKBA) routinely refuses immigration applications from women who are victims.
Cases where there is no court conviction of the man in question, or alternatively without evidence from an "independent and objective" source, are rejected out of hand without any proper consideration of the evidence that is available. Even police and domestic violence shelter letters of support are considered inadequate evidence if they are deemed to rely on the word of the victim rather than direct witnessing of the violence in question.
This approach may seem reasonable at first blush. Cases must be supported by evidence, after all, and it would be wrong to assume without evidence that the men in question are indeed perpetrators of domestic violence. In truth, though, the approach followed by officials is perverse and withholds protection from those who most need it. Domestic violence belongs to the private sphere: it is part of its pernicious nature. There are normally no direct witnesses and there are very few convictions, despite its prevalence. The requirement for "independent and objective" evidence of a private act would therefore make Kafka, well, blush.
I recently represented a woman who submitted two police reports, letters of support from various domestic violence help organisations, reams of abusive, threatening and violent text messages and emails and witness statements from many friends and family members who had witnessed her partner's abusive and erratic behaviour. Most of this evidence dated to well before the marriage had broken down, and before the woman could conceivably have been interested in preparing for an immigration application based on domestic violence. Still, this was not enough, and the case was initially rejected on the grounds that much of the evidence could be forged (not that it had been, only that it could be) and the rest was from people who had not themselves directly witnessed actual violence.
Essentially, the official was suggesting, without ever saying so, that from the day she entered the UK the woman had lied to the police, lied to her friends and family, and had herself sat down and written tens of pages of text messages and email exchanges. There was, of course, no evidence to support this bizarre theory and there was nothing in the paperwork or evidence itself to suggest that it was false or forged. The official seemed to be ignorant of basic information on domestic violence. For example, the fact that 44% of victims experience it repeatedly, that on average 35 assaults occur before the police are called, and that only between 23% and 35% of incidents are reported to authorities.
This is certainly not the only example I have come across recently, and other lawyers and organisations report similar experiences.
Other departments of the previous government recognised that the private nature of domestic violence makes victims peculiarly vulnerable, but at UKBA some officials prefer to turn a blind eye. The courts and UKBA's own policy on this type of application clearly state that all relevant evidence must be considered, although UKBA policy says that reports from those who have not directly witnessed the abuse should be "treated with caution".
The problem lies not so much in the policy or the law. It is in the culture of disbelief so prevalent amongst officials at UKBA and in their sheer ignorance of the complexities of the cases they have to decide. Instead of engaging with the available evidence and making a judgment on whether the woman is telling the truth, artificial and arbitrary evidential requirements are imposed.
Officials need to get out from behind their filing cabinets. They need to meet the people whose lives they hold in their hands. It is only if they have some understanding and empathy that officials can make decent and high quality decisions. Source: Colin Yeo for guardian.co.uk
See also:
Early day motion by MP’s in support of doomed RMJ
JCWI call for demo against Refugee and Migrant Justice closure
Justice Secretary defends government over Refugee and Migrant Justice collapse
Weekly Immigration News Round up 20 June 2010
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Complete USA Immigration and Naturalization Package
For more information on US Naturalization and immigration Click Here!
Thursday, June 24, 2010
Points Based System appeal case succeeds
The appeal against the Home Office interpretation of the Points Based System has succeeded in the Court of Appeal. The case is Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719.
The Court does not strike down the entire PBS system but holds that the only binding and effective part of the PBS rules and guidance are those set out in the Immigration Rules themselves. This is because these are the only provisions that have been properly laid before Parliament in accordance with section 3(2) of the Immigration Act 1971.
In the context of these appeals, which concerned the maintenance aspect of Tier 1 Post Study Work visas, the only requirement was that the applicant held £800 at the time of application, as specified in Appendix C of the Immigration Rules. All the other requirements set out in the guidance, for example on the form of evidence to be presented and the length of time for which the funds had to be held, were merely guidance and do not have the strict force of law ascribe to them by the tribunal in the case of NA and Others [2009] UKAIT 00025.
The Court also held that that tribunal was correct regarding the effect of section 85(4) of the 2002 Act, in that the relevant date is the date of application, not the date of appeal. Source: Free Movement.
The question now is where this leaves the Home Office/UK Border Agency on the many Judicial Review cases it is defending against international colleges and English UK.
In March English UK, which represents English language schools, launched a legal challenge against the Home Office over fears that the UK will lose thousands of jobs and £400m in income through tighter visa regulations.
Earlier this month a cross party group of 14 MP’s signed an Early Day Motion (EDM) calling on the UK Government to abolish ‘flawed and rushed’ legislation brought in by the previous administration requiring overseas students wishing to study English in Britain to first pass an English test.
See also:
Early Day Motion calls on UK Government to scrap new Tier 4 student visa rules
English language schools to challenge tightening of visa rules by judicial review
Early day motion by MP’s in support of doomed RMJ
JCWI call for demo against Refugee and Migrant Justice closure
Justice Secretary defends government over Refugee and Migrant Justice collapse
Weekly Immigration News Round up 20 June 2010
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Complete USA Immigration and Naturalization Package
For more information on US Naturalization and immigration Click Here!
The Court does not strike down the entire PBS system but holds that the only binding and effective part of the PBS rules and guidance are those set out in the Immigration Rules themselves. This is because these are the only provisions that have been properly laid before Parliament in accordance with section 3(2) of the Immigration Act 1971.
In the context of these appeals, which concerned the maintenance aspect of Tier 1 Post Study Work visas, the only requirement was that the applicant held £800 at the time of application, as specified in Appendix C of the Immigration Rules. All the other requirements set out in the guidance, for example on the form of evidence to be presented and the length of time for which the funds had to be held, were merely guidance and do not have the strict force of law ascribe to them by the tribunal in the case of NA and Others [2009] UKAIT 00025.
The Court also held that that tribunal was correct regarding the effect of section 85(4) of the 2002 Act, in that the relevant date is the date of application, not the date of appeal. Source: Free Movement.
The question now is where this leaves the Home Office/UK Border Agency on the many Judicial Review cases it is defending against international colleges and English UK.
In March English UK, which represents English language schools, launched a legal challenge against the Home Office over fears that the UK will lose thousands of jobs and £400m in income through tighter visa regulations.
Earlier this month a cross party group of 14 MP’s signed an Early Day Motion (EDM) calling on the UK Government to abolish ‘flawed and rushed’ legislation brought in by the previous administration requiring overseas students wishing to study English in Britain to first pass an English test.
See also:
Early Day Motion calls on UK Government to scrap new Tier 4 student visa rules
English language schools to challenge tightening of visa rules by judicial review
Early day motion by MP’s in support of doomed RMJ
JCWI call for demo against Refugee and Migrant Justice closure
Justice Secretary defends government over Refugee and Migrant Justice collapse
Weekly Immigration News Round up 20 June 2010
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Complete USA Immigration and Naturalization Package
For more information on US Naturalization and immigration Click Here!
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