Following the recent Supreme Court judgment in the case of Quila and Bibi v Secretary of State for the Home Department [2011] UKSC 45, the UK Border Agency has today announced new policy guidance for marriage visas, reinstating the minimum age to 18.
The Quila and Bibi case successfully challenged the requirement under paragraph 277 of the Immigration Rules for both foreign spouses and their sponsors in the UK to meet a minimum age of 21 before the foreign spouse could be granted a visa to enter or remain as a spouse or partner.
Paragraph 277 (along with other paragraphs of the Immigration Rules) was amended on 27 November 2008 to raise the minimum age from 18 to 21.
The UK Border Agency said:
‘The Supreme Court has ruled that, whilst they recognised that the Secretary of State was pursuing a legitimate and rational aim of seeking to address forced marriage, the change to the rule (increasing the minimum marriage visa age from 18 to 21) disproportionately interfered with the Article 8 rights of those who were in genuine marriages.’
The guidance affects applicants whose ‘applications for entry clearance or leave as a fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner or same-sex partner were refused under paragraphs 277, 289AA, or 295AA of the Immigration Rules solely because they or their sponsor were aged between 18 and 20 and whose application was refused on that basis between 27 November 2008 and October 2011’.
This includes applications made inside or outside the UK. The guidance sets out how refused applicants can apply for a review of the original decision to refuse a visa which the agency say ‘might now result in a visa being issued’.
Changes to the Immigration Rules have been laid in Parliament today to reinstate a minimum age of 18 for a spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or same-sex partner and for their sponsor in order to qualify for entry clearance, leave to enter, leave to remain or a variation of leave on that basis. These rules will come into effect on 28 November 2011.
The new policy guidance explains how applicants affected by the judgment can request a review of an earlier refusal due to the age requirement by 31 May 2012.
Further information on how to request a review can be found under the partners and families section of the UKBA website, Husband, wife or civil partner, Unmarried or same-sex partner, and Fiance(e) or proposed civil partner categories. Source: UB Border Agency.
Speaking on the judgement last month the Immigration Minister Damian Green said:
“This is another very disappointing judgement, which overturns a policy that exists and is judged to be consistent with the ECHR in other European countries.
“The judges themselves agreed increasing the marriage visa age had a legitimate aim.
“We believe this decision will put vulnerable people at risk of being forced into marriage. We will come forward with our response in due course.”
The Joint Council for the Welfare of Immigrants (JCWI), which represented Amber and Diego Aguilar in their case, estimates the ruling could allow up to 5,000 foreign spouses to settle in the UK every year.
Habib Rahman of the JCWI said:
“This was a law introduced on the hoof, which had no discernible effect on forced marriage, but infringed on the rights of UK citizens to live in the UK with their partners.
“We are delighted to see it consigned to the scrap heap of misguided legislation.”
See also:
UK Border Agency ‘dumped’ missing asylum seeker cases
UK border force head suspended
Court overturns UK Government’s non-EU under 21 spouses ban
JCWI and ILPA update on Zambrano case
EctHR Judgment Bah v UK
UK Border Agency announce further changes to the student visa system
If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Showing posts with label UK Border Agency. Show all posts
Showing posts with label UK Border Agency. Show all posts
Sunday, November 13, 2011
Sunday, September 19, 2010
Weekly UK Immigration News Round up 19 September 2010
Vince Cable says immigration cap is damaging British industry
This week a cabinet minister, UK Business Secretary Vince Cable, unusually spoke out against official government policy.
Labour trafficking suspects arrested
The UK Border Agency reports that three Indian men have been arrested by immigration officers, in conjunction with Northamptonshire Police, in Kettering as part of an investigation into suspected labour trafficking.
Pope Benedict XVI arrives in Britain
Pope Benedict XVI arrived this morning in Edinburgh at the start of the first papal visit to the UK for 28 years.
Lord Bingham ‘the greatest judge of our time’ dies aged 76
Britain lost one of its greatest judges this week when Lord Bingham past away.
Sham marriage fixer guilty
A Portuguese man admitted acting as a ‘fixer’ in a sham marriage at a Bristol church, The UK Border Agency reports.
Former Immigration Minister Phil Woolas campaign ‘to make white folk angry’
The BBC reports that the former immigration minister Phil Woolas set out to “make the white folk angry” in his election campaign, a specially convened court heard.
If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant 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
This week a cabinet minister, UK Business Secretary Vince Cable, unusually spoke out against official government policy.
Labour trafficking suspects arrested
The UK Border Agency reports that three Indian men have been arrested by immigration officers, in conjunction with Northamptonshire Police, in Kettering as part of an investigation into suspected labour trafficking.
Pope Benedict XVI arrives in Britain
Pope Benedict XVI arrived this morning in Edinburgh at the start of the first papal visit to the UK for 28 years.
Lord Bingham ‘the greatest judge of our time’ dies aged 76
Britain lost one of its greatest judges this week when Lord Bingham past away.
Sham marriage fixer guilty
A Portuguese man admitted acting as a ‘fixer’ in a sham marriage at a Bristol church, The UK Border Agency reports.
Former Immigration Minister Phil Woolas campaign ‘to make white folk angry’
The BBC reports that the former immigration minister Phil Woolas set out to “make the white folk angry” in his election campaign, a specially convened court heard.
If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant 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
Friday, September 10, 2010
UK Border Agency to increase fees for immigration and nationality cases
The UK Border Agency has announced plans to increase immigration and nationality application fees for all those applying to visit, study, work or stay in the UK from autumn 2010.
In line with, the agency blamed the fee increases on ‘budgetary pressures’ and government cuts in public spending, and said the ‘proposals for in-year fees increase will help to offset some of these pressures alongside efficiency savings’.
The implementation date of the fees hike will be published shortly.
Examples of the fee increases include:
Immigration adviser Evelie Padadac was surprised by the mid-year increase saying:
“They normally increase fees once a year in April and this is the first time I have seen a second increase in the same year.
“However, the increases are quite small, as little as two pounds in some cases, and the in country Tier 4 student visa will remain at £357.”
See also:
Minister to announce crackdown on student visa numbers today
Smarter immigration controls needed says Minister Damian Green
Government adviser says dependant visas must be cut as part of immigration cap
If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
In line with, the agency blamed the fee increases on ‘budgetary pressures’ and government cuts in public spending, and said the ‘proposals for in-year fees increase will help to offset some of these pressures alongside efficiency savings’.
The implementation date of the fees hike will be published shortly.
Examples of the fee increases include:
- Settlement visas from £644 to £750 (apparently they "offer an extremely generous package of benefits to applicants", which sounds like Time Share speak to me)
- Tier 1 visa from £690 to 750
- Tier 1 in-country from £840 to £850
- Tier 2 visa from £270 to £350
- Tier 2 in-country from £475 to £500
- Tier 4 visa from £199 to £220
- Tier 4 in-country held at £357
- Tier 5 from £128 to £130
- Short term visit visas from £68 to £70
- 2, 5 and 10 year visit visas to £245, £450 and £650 respectively
- Increase in dependent fees to 20-30% of the principal applicant fee
Immigration adviser Evelie Padadac was surprised by the mid-year increase saying:
“They normally increase fees once a year in April and this is the first time I have seen a second increase in the same year.
“However, the increases are quite small, as little as two pounds in some cases, and the in country Tier 4 student visa will remain at £357.”
See also:
Minister to announce crackdown on student visa numbers today
Smarter immigration controls needed says Minister Damian Green
Government adviser says dependant visas must be cut as part of immigration cap
If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Friday, July 16, 2010
Tier 4 Student UK Graduation
Majestic College international student graduates receive their OCR NVQ certificates.
Many Tier 4 students have used their NVQ Health and Social Care qualification to successfully apply for a working visa (under Tier 2 of the points based system) and Social Care Workers.
www.majesticcollege.org
This week Business Secretary Vince Cable acknowledged the ‘huge export earnings from overseas students’.
See also:
UK Government propose graduate tax and wider role for private institutions in higher education
English UK win High Court battle over Tier 4 student visas
Early Day Motion calls on UK Government to scrap new Tier 4 student visa rules
Tier 4 student visa rules change starts today
Foreign student working hours to be cut under new rules announced today
Highly Trusted Sponsor Scheme for Tier 4 sponsors launched by UK Border Agency
Points Based System appeal case succeeds
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
Want to improve your English? To find out how Click Here!
Friday, July 09, 2010
English language schools win High Court battle over Tier 4 student visa rules
English language schools, represented by English UK, have won a High Court battle over visa restrictions which they say are ‘absurd and damaging’ to their businesses.
They took the action over new regulations which say that people coming to the UK to study must have a good standard of English, even when they are coming to study English.
The restrictions were part of a raft of hurried changes to the student visa rules brought in before the General Election.
The previous Labour government said that migrants seeking low-skilled work were abusing the Tier 4 student visa system.
Foreign students coming to study are now required to have English language skills of at least GCSE level.
English UK, which represents 440 language schools, says the regulations are "disproportionate and unjustified".
The group's chief executive Tony Millns said:
"It's clearly absurd requiring students to know English before they come here to study it."
His group brought the case after new Tier 4 rules were announced on the Andrew Marr show by the former Labour Home Secretary Alan Johnson.
At the the same time The UK Border Agency also announced details of the newly launched ‘Highly Trusted Sponsor Scheme’ for education providers under Tier 4 of the points-based system.
Counsel for English UK argued in court that the Home Office should have brought the issue back to Parliament for proper debate.
Mr Justice Foskett said the fresh restrictions had been achieved through altering guidelines when there should have been a formal change to the rules, with the matter referred back to Parliament.
Mr Millns said:
"I am delighted and relieved.
"We are pleased that Mr Justice Foskett saw the merits of our case and we believe that his decision is good for the UK economy, to which the English language sector contributes about £1.5 billion in foreign earnings each year."
Common sense prevails
He said he hoped common sense would now prevail so that students could come into the UK to study English with a lower level in the language, equivalent to having studied it for 150 to 200 hours.
The coalition government says it is reviewing English language requirements across the visa system.
It believes the student visa system could be abused by people who want to come to Britain but have no intention of studying.
A spokesman for the Home Office said:
"We are carefully considering this judgment.
"This government is committed to undertake a review into the Student Tier of the Points Based System in its entirety later this year to ensure that every student who comes to the UK is genuine."
Last month the government said it would bring forward to the autumn other measures planned by Labour requiring many immigrants marrying UK citizens to prove they have a command of English.
Related stories:
English language schools to challenge tightening of visa rules by judicial review
Early Day Motion calls on UK Government to scrap new Tier 4 student visa rules
Tier 4 student visa rules change starts today
Foreign student working hours to be cut under new rules announced today
Highly Trusted Sponsor Scheme for Tier 4 sponsors launched by UK Border Agency
Points Based System appeal case succeeds
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
They took the action over new regulations which say that people coming to the UK to study must have a good standard of English, even when they are coming to study English.
The restrictions were part of a raft of hurried changes to the student visa rules brought in before the General Election.
The previous Labour government said that migrants seeking low-skilled work were abusing the Tier 4 student visa system.
Foreign students coming to study are now required to have English language skills of at least GCSE level.
English UK, which represents 440 language schools, says the regulations are "disproportionate and unjustified".
The group's chief executive Tony Millns said:
"It's clearly absurd requiring students to know English before they come here to study it."
His group brought the case after new Tier 4 rules were announced on the Andrew Marr show by the former Labour Home Secretary Alan Johnson.
At the the same time The UK Border Agency also announced details of the newly launched ‘Highly Trusted Sponsor Scheme’ for education providers under Tier 4 of the points-based system.
Counsel for English UK argued in court that the Home Office should have brought the issue back to Parliament for proper debate.
Mr Justice Foskett said the fresh restrictions had been achieved through altering guidelines when there should have been a formal change to the rules, with the matter referred back to Parliament.
Mr Millns said:
"I am delighted and relieved.
"We are pleased that Mr Justice Foskett saw the merits of our case and we believe that his decision is good for the UK economy, to which the English language sector contributes about £1.5 billion in foreign earnings each year."
Common sense prevails
He said he hoped common sense would now prevail so that students could come into the UK to study English with a lower level in the language, equivalent to having studied it for 150 to 200 hours.
The coalition government says it is reviewing English language requirements across the visa system.
It believes the student visa system could be abused by people who want to come to Britain but have no intention of studying.
A spokesman for the Home Office said:
"We are carefully considering this judgment.
"This government is committed to undertake a review into the Student Tier of the Points Based System in its entirety later this year to ensure that every student who comes to the UK is genuine."
Last month the government said it would bring forward to the autumn other measures planned by Labour requiring many immigrants marrying UK citizens to prove they have a command of English.
Related stories:
English language schools to challenge tightening of visa rules by judicial review
Early Day Motion calls on UK Government to scrap new Tier 4 student visa rules
Tier 4 student visa rules change starts today
Foreign student working hours to be cut under new rules announced today
Highly Trusted Sponsor Scheme for Tier 4 sponsors launched by UK Border Agency
Points Based System appeal case succeeds
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
Tuesday, July 06, 2010
Five million UK adults 'act as carers'
At least 20% of the five million people in England who act as a carer for an elderly, disabled or sick person put in more than 50 hours a week, the NHS says.
Provisional data from the health service’s Information Centre shows the rate of over-16s providing at least 50 hours of care each week has rocketed from 10% to 22% in nine years. Around half give more than 20 hours of their time a week and around one in three give at least 35 hours.
Almost half of all those known to provide care for someone - usually a spouse, partner or relative - are over 65.
The centre’s Tim Straughan said: “The report suggests that the majority of carers are female, most are from a white ethnic background and nearly half of those known to councils are aged 65 or over. Our figures also suggest many carers are spending 50 hours or more per week looking after the person they care for, who is most often a spouse, partner or relative.
“Social care is a broad and complex area in this country and these figures are important, as they help both social care professionals and the wider community understand the impact that caring has on our society.”
Source Nursing Times/Guide2Care.com
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
Provisional data from the health service’s Information Centre shows the rate of over-16s providing at least 50 hours of care each week has rocketed from 10% to 22% in nine years. Around half give more than 20 hours of their time a week and around one in three give at least 35 hours.
Almost half of all those known to provide care for someone - usually a spouse, partner or relative - are over 65.
The centre’s Tim Straughan said: “The report suggests that the majority of carers are female, most are from a white ethnic background and nearly half of those known to councils are aged 65 or over. Our figures also suggest many carers are spending 50 hours or more per week looking after the person they care for, who is most often a spouse, partner or relative.
“Social care is a broad and complex area in this country and these figures are important, as they help both social care professionals and the wider community understand the impact that caring has on our society.”
Source Nursing Times/Guide2Care.com
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, 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
Home Office 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.
‘We have sought permission to appeal to the Supreme Court and a stay of the effect of the Court of Appeal's judgment. We have not had decisions on these applications. We will update this message when we have those decisions.’
The judgment was given in relation to Tier 1 (Post-study work) cases under the points-based system.
UK Border Agency issue clarification on changes to Tier 1 points
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
‘We have sought permission to appeal to the Supreme Court and a stay of the effect of the Court of Appeal's judgment. We have not had decisions on these applications. We will update this message when we have those decisions.’
The judgment was given in relation to Tier 1 (Post-study work) cases under the points-based system.
UK Border Agency issue clarification on changes to Tier 1 points
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
OFW's pursue their dreams in London
Juanita Trinidad of the Manila Bulletin reports on Filipino’s living and working in the UK.
Tales of woe are common among Filipino migrant workers. Tales of abuse, exploitation, and maltreatment have been played up every so often, although this is probably the risk that overseas Filipino workers (OFWs) have to take each time they leave to look for greener pastures or look for means of income that, for them, are few and far between in their own country.
It, however, comes as a breath of fresh air to hear stories of success, happiness, and contentment in an OFW’s existence in the host country.
In this city, for instance, Filipino workers are seemingly a happy lot; they go about their daily chores with ease and a smile on their faces.
This writer had the chance to meet some of the Filipino crew members of the Norwegian Epic, a luxury liner owned by the Norwegian Cruise Line (NCL), that had its maiden voyage in Southampton, a port city on the outskirts of London, and which played host to Filipino and foreign journalists who covered the ship’s inaugural sail.
Of the Norwegian Epic’s 1,700 crew, 60 percent are young Filipinos, while the rest are Indonesians, Indians, and Sri Lankans. This is the reason they are found all over the luxury liner, doing various jobs as chef, hotel supervisor, bartender, waitress, junior waiter, room assistant, and other odd jobs. The Norwegian Epic, for them, is their “ship of dreams.”
Roxan Angeles has been with the NCL for nine years now, and has risen from the ranks, from dining room assistant to her present job as casino supervisor. She lamented about the loneliness of living in a foreign land, as she misses her family in Cabanatuan City, Nueva Ecija, but the friendship and company of fellow-Filipinos aboard the ship have somehow helped her cope with the travails.
Restaurant stewardess Nelfa Sy is with the NCL for over 10 years. She said she is enjoying her job as it gives her the opportunity to see the world, pointing out that the Norwegian Epic’s Filipino crew has been taken from other NCL-owned ships, stressing that they have been selected for the maiden voyage due to their skills and experience. While on dock, the crew, she said, is allowed to go out for a few hours to shop or see some places. “This way, we are able to tour and do some picture-taking.”
The same enthusiasm for work is shared by Jowell Manzano, a bar chief, who, like Roxan, also rose from the ranks in almost 20 years with the NCL. “We’ve free medical care, insurance, and our lodging in the ship is probably one of the best accommodations given to workers. Free time is spent by bonding together through music, dance, and small party aboard the ship.”
It was learned that the first three decks of the Norwegian Epic have been allotted to house its workers, each provided with his own cabin, complete with plasma TV, DVD, a small refrigerator, and facilities.
The tale of Clarinda Agno is a different one; she doesn’t work inside a ship, but in a hotel near the Heathrow International Airport. Now a British subject, Agno is staying with her husband, Froilan, and three children on a house and lot on Bath Road, near Sheraton Skyline, where she works for 23 years now.
“I came to London in 1983 and first worked at the Heathrow airport, later transferred to the hotel. I am blessed to get jobs that have been good to me and my family,” Agno relates, saying that she was able to petition her family when she opted to become a British subject.
Her husband now works at the Heathrow Terminal 5.
She, however, confides that although she doesn’t miss her family as they now stay with her, she someday wishes to retire in her own country. “The last time I went home was when my mother died in 2007. I aim for the simple life in my hometown of Batac, Ilocos Norte. Someday, when we have enough money to sustain us, we’ll go back to the Philippines and retire there permanently,” stressing that “it’ll be home sweet home, indeed.” Source: Juanita Trinidad, Manila Bulletin MB.com
The content of story will come as no surprise to those of us who have known overseas Filipino workers (OFW’s) living in the UK for the last 30 years.
The vast majority of Filipinos work with a happy heart and a smile, whatever their job or situation, which is one of the main reasons employers love them. Even the new Foreign Secretary, Willan Hague, praised Filipino workers for their “considerable” contribution to the country’s economy and health".
And why wouldn’t Filipinos and other overseas workers be happy in the UK?
Prosperous, multi-cultural and vibrant, Britain is safe and fair country where employment, health and safety and human rights laws are among the toughest in the world.
Unlike many places where OFW’s are deployed, foreign workers, including those on student visas, have the same rights as British workers.
Many thousands of Filipinos have gained permanent residence (Indefinite Leave to Remain/ILR) or British Citizenship and this route is still open to workers and highly skilled migrants.
Workers and students can bring their dependant and at present they all receive free healthcare and schooling. Dependants of visa holders, even Tier 4 students, can work without restriction.
Tier 4 and old students visa holders are allowed to work and can switch into a Tier 2 Working Visa or Tier 1 post graduate category (for degree level students) whilst in the UK
Despite global economic problems the UK job market for those with the right skills remains buoyant, especially in the care and service sectors.
The benefits of living in the UK are numerous, evidenced by the fact that so many people want to come here and very few leave!
The new coalition government has pledged to cut immigration and impose a cap on non-EU immigration. Initially there will be an interim limit whilst a government to business consultation takes place.
Despite favourable conditions in the UK, thousands of people seek greener opportunities in countries like Canada, USA and Australia. But this has always been the case with an estimated 5 million Brits currently living or working abroad.
See also:
Foreign Secretary Hague praises UK Filipino workers
Home Office confirm UK migration limit
UK immigration cap Q&A – your questions answered
Why the world wants to be Canadian
For more information on how you can migrate to Canada - CLICK HERE
US Green cards face fee hikes
Complete USA Immigration and Naturalization Package
Nursing In Australia-A Guide To Working & Living As A Nurse Down Under
A Step-by-step Guide to Getting A Visa, Job And Registration & Relocating And Settling In Australia.
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
Tales of woe are common among Filipino migrant workers. Tales of abuse, exploitation, and maltreatment have been played up every so often, although this is probably the risk that overseas Filipino workers (OFWs) have to take each time they leave to look for greener pastures or look for means of income that, for them, are few and far between in their own country.
It, however, comes as a breath of fresh air to hear stories of success, happiness, and contentment in an OFW’s existence in the host country.
In this city, for instance, Filipino workers are seemingly a happy lot; they go about their daily chores with ease and a smile on their faces.
This writer had the chance to meet some of the Filipino crew members of the Norwegian Epic, a luxury liner owned by the Norwegian Cruise Line (NCL), that had its maiden voyage in Southampton, a port city on the outskirts of London, and which played host to Filipino and foreign journalists who covered the ship’s inaugural sail.
Of the Norwegian Epic’s 1,700 crew, 60 percent are young Filipinos, while the rest are Indonesians, Indians, and Sri Lankans. This is the reason they are found all over the luxury liner, doing various jobs as chef, hotel supervisor, bartender, waitress, junior waiter, room assistant, and other odd jobs. The Norwegian Epic, for them, is their “ship of dreams.”
Roxan Angeles has been with the NCL for nine years now, and has risen from the ranks, from dining room assistant to her present job as casino supervisor. She lamented about the loneliness of living in a foreign land, as she misses her family in Cabanatuan City, Nueva Ecija, but the friendship and company of fellow-Filipinos aboard the ship have somehow helped her cope with the travails.
Restaurant stewardess Nelfa Sy is with the NCL for over 10 years. She said she is enjoying her job as it gives her the opportunity to see the world, pointing out that the Norwegian Epic’s Filipino crew has been taken from other NCL-owned ships, stressing that they have been selected for the maiden voyage due to their skills and experience. While on dock, the crew, she said, is allowed to go out for a few hours to shop or see some places. “This way, we are able to tour and do some picture-taking.”
The same enthusiasm for work is shared by Jowell Manzano, a bar chief, who, like Roxan, also rose from the ranks in almost 20 years with the NCL. “We’ve free medical care, insurance, and our lodging in the ship is probably one of the best accommodations given to workers. Free time is spent by bonding together through music, dance, and small party aboard the ship.”
It was learned that the first three decks of the Norwegian Epic have been allotted to house its workers, each provided with his own cabin, complete with plasma TV, DVD, a small refrigerator, and facilities.
The tale of Clarinda Agno is a different one; she doesn’t work inside a ship, but in a hotel near the Heathrow International Airport. Now a British subject, Agno is staying with her husband, Froilan, and three children on a house and lot on Bath Road, near Sheraton Skyline, where she works for 23 years now.
“I came to London in 1983 and first worked at the Heathrow airport, later transferred to the hotel. I am blessed to get jobs that have been good to me and my family,” Agno relates, saying that she was able to petition her family when she opted to become a British subject.
Her husband now works at the Heathrow Terminal 5.
She, however, confides that although she doesn’t miss her family as they now stay with her, she someday wishes to retire in her own country. “The last time I went home was when my mother died in 2007. I aim for the simple life in my hometown of Batac, Ilocos Norte. Someday, when we have enough money to sustain us, we’ll go back to the Philippines and retire there permanently,” stressing that “it’ll be home sweet home, indeed.” Source: Juanita Trinidad, Manila Bulletin MB.com
The content of story will come as no surprise to those of us who have known overseas Filipino workers (OFW’s) living in the UK for the last 30 years.
The vast majority of Filipinos work with a happy heart and a smile, whatever their job or situation, which is one of the main reasons employers love them. Even the new Foreign Secretary, Willan Hague, praised Filipino workers for their “considerable” contribution to the country’s economy and health".
And why wouldn’t Filipinos and other overseas workers be happy in the UK?
Prosperous, multi-cultural and vibrant, Britain is safe and fair country where employment, health and safety and human rights laws are among the toughest in the world.
Unlike many places where OFW’s are deployed, foreign workers, including those on student visas, have the same rights as British workers.
Many thousands of Filipinos have gained permanent residence (Indefinite Leave to Remain/ILR) or British Citizenship and this route is still open to workers and highly skilled migrants.
Workers and students can bring their dependant and at present they all receive free healthcare and schooling. Dependants of visa holders, even Tier 4 students, can work without restriction.
Tier 4 and old students visa holders are allowed to work and can switch into a Tier 2 Working Visa or Tier 1 post graduate category (for degree level students) whilst in the UK
Despite global economic problems the UK job market for those with the right skills remains buoyant, especially in the care and service sectors.
The benefits of living in the UK are numerous, evidenced by the fact that so many people want to come here and very few leave!
The new coalition government has pledged to cut immigration and impose a cap on non-EU immigration. Initially there will be an interim limit whilst a government to business consultation takes place.
Despite favourable conditions in the UK, thousands of people seek greener opportunities in countries like Canada, USA and Australia. But this has always been the case with an estimated 5 million Brits currently living or working abroad.
See also:
Foreign Secretary Hague praises UK Filipino workers
Home Office confirm UK migration limit
UK immigration cap Q&A – your questions answered
Why the world wants to be Canadian
For more information on how you can migrate to Canada - CLICK HERE
US Green cards face fee hikes
Complete USA Immigration and Naturalization Package
Nursing In Australia-A Guide To Working & Living As A Nurse Down Under
A Step-by-step Guide to Getting A Visa, Job And Registration & Relocating And Settling In Australia.
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 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
Wednesday, June 30, 2010
International students are turning to universities as UK government clamp down on private colleges
Cynthia Barker writes that UK based non-EU students are increasingly looking to Universities as a place to continue their studies after having their fingers burned by private colleges.
Although University fees are higher than in the private sector, students are more secure from the kind of immigration rule changes which the UK Border Agency (UKBA) has inflicted on non-government colleges in the last few months.
As an immigration adviser I have met students who have been through up to three private colleges only to see each one been closed down or had their Tier 4 licence revoked just months after been put on the register by the UKBA.
With this in mind some are no longer prepared to risk losing thousands of pounds on a college which, however reputable, can be put out of business at the stroke of a pen.
So what are the pro’s and con’s of a University compared to a private provider?
The first obvious advantage of using a government funded provider is security. Any rule changes are likely to favour the state sector, which had previously been losing out to more competitive private colleges, and Universities will not lose their Tier 4 licence - however badly they monitor their students!
The other crucial advantage is that most University courses lead to a recognised Bachelors or Masters degree, which means you can automatically qualify to stay in the UK under the ‘Post-study work’ scheme for two years under Tier 1 of the points based system. Some private colleges also offer degree level courses validated by Universities.
British Universities are renowned all over the world for their excellence and high standards and a UK degree carries a lot of weight on any CV.
On the other hand fees for courses will be much higher than a private college, a typical degree course will cost around £8900 per annum, and term times are not so flexible.
However, Evelie Padadac an OISC registered immigration adviser with Bison Management UK, said students with a Philippine degree can benefit from their APL (Accredited Prior Learning) and gain a degree in a shorter time or go straight to a one year post graduate Masters programme.
For instance, a student with a nursing degree and some experience back home could gain a UK BSc in Nursing degree, which would enable them to practice as a registered nurse, by only completing the final year of the course.
There are a multitude of subjects from Foundation degrees to MBA’s available to study with the most popular courses for overseas students being business and management.
Colleges fight back
The UK Border Agency are facing a raft of Judicial Reviews against Tier 4 suspension decisions from international colleges.
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. An 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 on the many Judicial Review cases it is defending against international colleges and English UK.
Overseas students worth £8 billion to UK economy
Financial pressures have made overseas students an increasingly important source of income for universities and the wider economy.
In the UK, overseas students are worth £5.3bn each year, according to the Department for Business, Innovation and Skills, and £8 billion according to former immigration minister Phil Woolas.
There are plenty of countries waiting in the wings to woo international students such as Australia where students have a route to residency.
See also:
Colleges challenge UK Govenrment’s Tier 4 suspension in Judicial Review
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
Points Based System appeal case succeeds
For free immigration news updates, please visit www.immigrationmatters.co.uk
Although University fees are higher than in the private sector, students are more secure from the kind of immigration rule changes which the UK Border Agency (UKBA) has inflicted on non-government colleges in the last few months.
As an immigration adviser I have met students who have been through up to three private colleges only to see each one been closed down or had their Tier 4 licence revoked just months after been put on the register by the UKBA.
With this in mind some are no longer prepared to risk losing thousands of pounds on a college which, however reputable, can be put out of business at the stroke of a pen.
So what are the pro’s and con’s of a University compared to a private provider?
The first obvious advantage of using a government funded provider is security. Any rule changes are likely to favour the state sector, which had previously been losing out to more competitive private colleges, and Universities will not lose their Tier 4 licence - however badly they monitor their students!
The other crucial advantage is that most University courses lead to a recognised Bachelors or Masters degree, which means you can automatically qualify to stay in the UK under the ‘Post-study work’ scheme for two years under Tier 1 of the points based system. Some private colleges also offer degree level courses validated by Universities.
British Universities are renowned all over the world for their excellence and high standards and a UK degree carries a lot of weight on any CV.
On the other hand fees for courses will be much higher than a private college, a typical degree course will cost around £8900 per annum, and term times are not so flexible.
However, Evelie Padadac an OISC registered immigration adviser with Bison Management UK, said students with a Philippine degree can benefit from their APL (Accredited Prior Learning) and gain a degree in a shorter time or go straight to a one year post graduate Masters programme.
For instance, a student with a nursing degree and some experience back home could gain a UK BSc in Nursing degree, which would enable them to practice as a registered nurse, by only completing the final year of the course.
There are a multitude of subjects from Foundation degrees to MBA’s available to study with the most popular courses for overseas students being business and management.
Colleges fight back
The UK Border Agency are facing a raft of Judicial Reviews against Tier 4 suspension decisions from international colleges.
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. An 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 on the many Judicial Review cases it is defending against international colleges and English UK.
Overseas students worth £8 billion to UK economy
Financial pressures have made overseas students an increasingly important source of income for universities and the wider economy.
In the UK, overseas students are worth £5.3bn each year, according to the Department for Business, Innovation and Skills, and £8 billion according to former immigration minister Phil Woolas.
There are plenty of countries waiting in the wings to woo international students such as Australia where students have a route to residency.
See also:
Colleges challenge UK Govenrment’s Tier 4 suspension in Judicial Review
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
Points Based System appeal case succeeds
For free immigration news updates, please visit www.immigrationmatters.co.uk
Tuesday, June 29, 2010
UK immigration cap - Q&A
The fantastic BBC website team have produced this useful Q&A on the new immigration cap
How does the British immigration system currently work?
There are different ways to come to live or settle permanently in the UK.
Putting it very simply, migrants fall into five categories: economic migrants, students, temporary workers or visitors, refugees and asylum seekers, or people arriving for family reasons such as marriage.
Family reunion is the easiest part of the system to understand. If you are the partner of a British citizen or someone living permanently in the UK, you can ask to join them. The principles behind the refugee system are relatively simple too. If you believe you need protection because you are being persecuted, you apply for asylum. Government's main focus at the moment is the complicated business of economic migration.
So how does economic migration work?
The British system differentiates between most people who live in Europe and migrants from the rest of the world. If a migrant is a citizen of one of the European Union's member states (or one of the other counties in the European Economic Area), then they are free to compete for jobs in the UK.
This is because the UK is part of the European free trade area under which goods, services and labour can be freely traded across borders. The rules mean that British workers can equally seek work and settle across the rest of the EU.
And what about if you come from elsewhere?
If you come from anywhere else, including Commonwealth nations, a migrant has to apply under one of the "tiers" that make up the Points Based System (PBS).
This is a popular system among leading industrialised nations which allows border agencies to let in people the economy genuinely needs by awarding them points for their skills. Those with the most skills get the most points - and find it easier to get in.
So what are the tiers?
The most prized migrants in the global economy are, logically, the highly skilled. This would include business leaders with top qualifications and experience, doctors, experts in their professional fields and so on.
MIGRATION TO UK 2008
TOTAL: 590,000
UK citizens: 85,000
EU nationals: 198,000
Rest of the world: 307,000
Net inflow: 163,000
Source: ONS Long-term migration statistics (opens ONS page)
Under the Labour government, many of these "Tier 1" migrants could apply to enter the UK without a guaranteed job because experts say they are likely to generate wealth and expand the economy.
Tier 2 of the system covers skilled workers who must be sponsored. An employee advertises a post for a month - and if they believe they can't fill it from the British labour force, they can ask the Home Office for permission to bring in a foreign worker to fill the gap.
Tier 3 covers low skilled workers from outside the EEA - but that part of the system has never been introduced because the government says the vacancies should be filled by UK and European workers.
The fourth tier of the system covers students. The final tier covers temporary workers or visitors - such as young people working in bars or agriculture as they fund gap year travels. It also covers some very specific categories outside of the main economy, such as elite sportsmen and women, performing artists and religious leaders.
Will this system be scrapped?
No. But the new coalition government has pledged to tighten it up because it's the most obvious lever it has to push down levels of migration. It will introduce a cap on migration from April 2011. In the meantime, it is introducing temporary caps on some parts of Tier 1 and Tier 2 workers.
The number of general Tier 1 highly skilled migrants will be capped at the current level of about 5,400 applicants and the points required for entry will also be raised.
Investors and entrepreneurs putting cash into the British economy will not be blocked. The government is also cutting by 1,300 the number of skilled workers who gain entry through Tier 2 - but it won't block companies from moving their own staff in and out of the country, a relatively significant part of economic migration of skilled workers.
What does a cut of 1,300 workers look like in the context of all migration?
The Office for National Statistics says that 505,000 non-British people came to live in the UK for more than a year in 2008.
In the first three months of 2010, the UK Border Agency issued 6,685 Tier 1 visas and 16,915 Tier 2 visas as part of the 406,455 approvals it made to all visitors and economic migrants.
Other figures show some 214,345 were allowed to settle permanently in the UK in the year to March 2010. Just under half of these settlements were granted to people who had come for work and put down roots. The 1,300 temporary cut in skilled worker visas equals about 1.5% of these work-related settlements.
What will the cap be set at?
The government is asking business for its views on what the cap should be and how it should work. Once a cap is in place, it proposes putting all the skilled migrants into a first-come-first-served system - meaning that companies will need to act fast to get the people they want.
For the highly skilled migrants, it suggests placing them all in a pool. Employers could then periodically dip into that pool to fish out the top worker they want.
What effect will a cap have?
The short answer is that we don't know. If the cap were set very high it would have no effect at all. The key question that nobody can answer is how employers will react if it's set very tightly.
Let's take one example - the ongoing demand for home and social care workers. The government has been telling the care industry to do more to train up British workers so that it becomes less reliant on foreign care workers labour from around the world.
But, if a cap is put in place, will employers invest in training British workers - which some warn will lead to higher prices for the services - or will they bring in more workers from cheaper parts of the European Union?
And if they bring in more EU workers, something ministers cannot stop, will the government be able to meet a pledge to reduce levels of net migration back to "tens of thousands, not hundreds of thousands"?
Ministers say they're not promising the Earth - but they pledging better control and certainty. They refer to the experience of New Zealand which operates a points and limits system very efficiently. Its labour market is smaller than the population of London - and it's also not part of a trading block comparable to the EU, which accounts for a third of all migration into the UK.
But long-term EU migration patterns are difficult to predict. Many EU economies applied temporary bars on workers from central and Eastern Europe. That bar will be lifted. Home Secretary Theresa May says she will be "very surprised" if that doesn't lead to changes in where workers from countries like Poland head. Source BBC.co.uk
See also:
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
How does the British immigration system currently work?
There are different ways to come to live or settle permanently in the UK.
Putting it very simply, migrants fall into five categories: economic migrants, students, temporary workers or visitors, refugees and asylum seekers, or people arriving for family reasons such as marriage.
Family reunion is the easiest part of the system to understand. If you are the partner of a British citizen or someone living permanently in the UK, you can ask to join them. The principles behind the refugee system are relatively simple too. If you believe you need protection because you are being persecuted, you apply for asylum. Government's main focus at the moment is the complicated business of economic migration.
So how does economic migration work?
The British system differentiates between most people who live in Europe and migrants from the rest of the world. If a migrant is a citizen of one of the European Union's member states (or one of the other counties in the European Economic Area), then they are free to compete for jobs in the UK.
This is because the UK is part of the European free trade area under which goods, services and labour can be freely traded across borders. The rules mean that British workers can equally seek work and settle across the rest of the EU.
And what about if you come from elsewhere?
If you come from anywhere else, including Commonwealth nations, a migrant has to apply under one of the "tiers" that make up the Points Based System (PBS).
This is a popular system among leading industrialised nations which allows border agencies to let in people the economy genuinely needs by awarding them points for their skills. Those with the most skills get the most points - and find it easier to get in.
So what are the tiers?
The most prized migrants in the global economy are, logically, the highly skilled. This would include business leaders with top qualifications and experience, doctors, experts in their professional fields and so on.
MIGRATION TO UK 2008
TOTAL: 590,000
UK citizens: 85,000
EU nationals: 198,000
Rest of the world: 307,000
Net inflow: 163,000
Source: ONS Long-term migration statistics (opens ONS page)
Under the Labour government, many of these "Tier 1" migrants could apply to enter the UK without a guaranteed job because experts say they are likely to generate wealth and expand the economy.
Tier 2 of the system covers skilled workers who must be sponsored. An employee advertises a post for a month - and if they believe they can't fill it from the British labour force, they can ask the Home Office for permission to bring in a foreign worker to fill the gap.
Tier 3 covers low skilled workers from outside the EEA - but that part of the system has never been introduced because the government says the vacancies should be filled by UK and European workers.
The fourth tier of the system covers students. The final tier covers temporary workers or visitors - such as young people working in bars or agriculture as they fund gap year travels. It also covers some very specific categories outside of the main economy, such as elite sportsmen and women, performing artists and religious leaders.
Will this system be scrapped?
No. But the new coalition government has pledged to tighten it up because it's the most obvious lever it has to push down levels of migration. It will introduce a cap on migration from April 2011. In the meantime, it is introducing temporary caps on some parts of Tier 1 and Tier 2 workers.
The number of general Tier 1 highly skilled migrants will be capped at the current level of about 5,400 applicants and the points required for entry will also be raised.
Investors and entrepreneurs putting cash into the British economy will not be blocked. The government is also cutting by 1,300 the number of skilled workers who gain entry through Tier 2 - but it won't block companies from moving their own staff in and out of the country, a relatively significant part of economic migration of skilled workers.
What does a cut of 1,300 workers look like in the context of all migration?
The Office for National Statistics says that 505,000 non-British people came to live in the UK for more than a year in 2008.
In the first three months of 2010, the UK Border Agency issued 6,685 Tier 1 visas and 16,915 Tier 2 visas as part of the 406,455 approvals it made to all visitors and economic migrants.
Other figures show some 214,345 were allowed to settle permanently in the UK in the year to March 2010. Just under half of these settlements were granted to people who had come for work and put down roots. The 1,300 temporary cut in skilled worker visas equals about 1.5% of these work-related settlements.
What will the cap be set at?
The government is asking business for its views on what the cap should be and how it should work. Once a cap is in place, it proposes putting all the skilled migrants into a first-come-first-served system - meaning that companies will need to act fast to get the people they want.
For the highly skilled migrants, it suggests placing them all in a pool. Employers could then periodically dip into that pool to fish out the top worker they want.
What effect will a cap have?
The short answer is that we don't know. If the cap were set very high it would have no effect at all. The key question that nobody can answer is how employers will react if it's set very tightly.
Let's take one example - the ongoing demand for home and social care workers. The government has been telling the care industry to do more to train up British workers so that it becomes less reliant on foreign care workers labour from around the world.
But, if a cap is put in place, will employers invest in training British workers - which some warn will lead to higher prices for the services - or will they bring in more workers from cheaper parts of the European Union?
And if they bring in more EU workers, something ministers cannot stop, will the government be able to meet a pledge to reduce levels of net migration back to "tens of thousands, not hundreds of thousands"?
Ministers say they're not promising the Earth - but they pledging better control and certainty. They refer to the experience of New Zealand which operates a points and limits system very efficiently. Its labour market is smaller than the population of London - and it's also not part of a trading block comparable to the EU, which accounts for a third of all migration into the UK.
But long-term EU migration patterns are difficult to predict. Many EU economies applied temporary bars on workers from central and Eastern Europe. That bar will be lifted. Home Secretary Theresa May says she will be "very surprised" if that doesn't lead to changes in where workers from countries like Poland head. Source BBC.co.uk
See also:
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
Immigration will be reduced says Immigration Minister
Damian Green 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.
Responding to statistics which showed the population increased in 2008-09, the minister for immigration said the new government intends to reduce immigration numbers back to 1990s levels.
Figures released by the Office for National Statistics (new window) showed that the population of the UK was 61.8m in mid-2009, an increase of 394,000 on the previous year.
The report showed a total population increase of 2.7m compared with 2001.
'Far too high'
The new Minister for Immigration, who replaced Phil Woolas following the general election, said:
‘We believe that immigration has been far too high in recent years, which is why the new government will reduce net migration back down to the levels of the 1990s — to tens of thousands rather than hundreds of thousands.
‘Over the coming weeks and months the public will see us tackle this issue by introducing a wide range of new measures to ensure that immigration is properly controlled, including a limit on work permits, actions on marriage and an effective system of regulating the students who come here.’ Source: Home Office
There were several media reports last weekend that the coalition government had 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.
Whilst Britain has been introducing measures to reduce immigration for the last few years, Canada is attracting the best migrants from both the developing world and the UK. See Why the world wants to be Canadian.
Related immigration articles:
Lib Dem defends temporary cap on non-EU migration
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
Responding to statistics which showed the population increased in 2008-09, the minister for immigration said the new government intends to reduce immigration numbers back to 1990s levels.
Figures released by the Office for National Statistics (new window) showed that the population of the UK was 61.8m in mid-2009, an increase of 394,000 on the previous year.
The report showed a total population increase of 2.7m compared with 2001.
'Far too high'
The new Minister for Immigration, who replaced Phil Woolas following the general election, said:
‘We believe that immigration has been far too high in recent years, which is why the new government will reduce net migration back down to the levels of the 1990s — to tens of thousands rather than hundreds of thousands.
‘Over the coming weeks and months the public will see us tackle this issue by introducing a wide range of new measures to ensure that immigration is properly controlled, including a limit on work permits, actions on marriage and an effective system of regulating the students who come here.’ Source: Home Office
There were several media reports last weekend that the coalition government had 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.
Whilst Britain has been introducing measures to reduce immigration for the last few years, Canada is attracting the best migrants from both the developing world and the UK. See Why the world wants to be Canadian.
Related immigration articles:
Lib Dem defends temporary cap on non-EU migration
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
Commons Speaker to investigate leak claim
Immigration Matters reports.
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".
He added that, in telling the media before MPs about its plans, the government could "laugh at this House".
Mr Bercow promised an inquiry to "decide what action needs to be taken".
In a statement to the Commons, Home Secretary Theresa May announced a consultation on introducing an annual cap on non-EU immigration and said that, as a first step, the number of skilled workers allowed into the UK from outside the EU is to be cut by 1,300 between now and April 2011.
'New pattern'
This was widely reported in the media beforehand.
Making a point of order, Mr Bryant said to the Speaker: "You said last week and you said five weeks ago that you wholly deprecated the practice of ministers announcing things to the press before announce them to this House."
He added: "There's no point getting elected to this House if you might as well have stayed at home and listened to the statement on the radio or television or read it in the newspapers...
"We know we have a government which is consistently leaking to the press."
Mr Bryant said it was important to act because "otherwise, ministers will laugh at this house".
In response, Mr Bercow said he did not know the details of Mr Bryant's claims, but told MPs: "I reiterate in the strongest possible terms that I entirely deprecate the practice of releasing to the media the content of ministerial statements before those statements have been made to the House."
He added: "I can confirm to the honourable gentleman [Mr Bryant] that I'm willing to look further into the precise details of this case, to decide what, if any, action needs to be taken.
"We need to establish a new pattern in this parliament, whereby this sort of thing doesn't happen and, if it does, action is taken."
Mr Bercow said he would report back to MPs with the findings of the inquiry. Source BBC
See also:
Immediate cap on non-EU migrant workers to be introduced by Home Office
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
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!
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