http://lifeintheuk.net/index.php Pass the British citizenship and settlement test en Copyright 2012 Red Squirrel Publishing 2012-05-14T13:48:05+00:00 http://lifeintheuk.net/index.php/news/appeal_rights_for_family_visitor_visas_restricted/ http://lifeintheuk.net/index.php/news/appeal_rights_for_family_visitor_visas_restricted/#When:13:48:05Z Changes have been announced that will reduce the rights to appeal of people applying to enter the UK to visit family members.The changes will affect anyone who has been refused a visa to enter the UK to visit a resident family member. Refused applicants can still appeal on certain grounds, such as human rights or discrimination, but general appeals will no longer be allowed. The Home Office have announced that the changes will come into effect, subject to Parliamentary approval, in 2014. As well as this change, the UKBA are limiting the definitions of ‘family’ and ‘sponsor’ for family visit visa appeals. With effect from July 2012 you will only be allowed to appeal a refused family visit visa decision if you are visiting a direct relative. If you are applying to visit a cousin, uncle, aunt, niece or nephew then you will no longer have the full right of appeal. Further, to have any right to appeal at all then the person you are visiting must be either permanently settled in the UK, or have refugee or humanitarian protection status. These changes only affect people applying for visas to visit family members in the UK. The appeals process for people coming to the UK on other visas will not be affected. The changes are being made in response to a consultation on the family visa system which ran from July - October 2011. Further changes to the family visa system will be announced in due course. News 2012-05-14T13:54:06+00:00 http://lifeintheuk.net/index.php/news/ukba_makes_announcement_about_public_enquiry_office_delays/ http://lifeintheuk.net/index.php/news/ukba_makes_announcement_about_public_enquiry_office_delays/#When:11:49:14Z Following the recent disruptions with public enquiry office (PEO) appointments, the UKBA has made an announcement about rescheduling cancelled appointments.The UKBA have advised that anyone who booked a ‘premium appointment’ at a PEO and were unable to provide biometric at that appointment will be given a new appointment. The UKBA advised that everyone concerned will have been contacted by Saturday 5 May 2012. They have advised that all the new appointments will be before 18 May 2012, but you may have to travel to a different PEO instead of the one your original appointment was at. They have not advised what to do if these delays will cause you problems with the timing of any visa applications. If you are concerned that these delays will lead to a visa expiring you should contact the UKBA or seek professional advice. The UKBA have advised anyone who is hoping to book a PEO appointment to check the a href=“http://www.ukba.homeoffice.gov.uk/aboutus/contact/applyinginperson/book-appointment/”>Booking an appointment for our premium service page of the UKBA website for further information. The announcement on the UKBA website also included the following promise “to review our opening hours and appointment scheduling systems to provide a better service for applicants; and to better manage service disruption.” News 2012-05-09T11:50:15+00:00 http://lifeintheuk.net/index.php/news/human_rights_abusers_to_be_refused_entry_to_the_uk/ http://lifeintheuk.net/index.php/news/human_rights_abusers_to_be_refused_entry_to_the_uk/#When:11:22:03Z Non-EU citizens accused of serious crimes and human rights abuses, including torture or murder, will be refused entry to the UK under new changes to the Immigration Rules proposed by the government.The changes were announced in the Human Rights Report published by the Foreign Office on 30 April 2012, and have been supported by Deputy Prime Minister Nick Clegg. The rules are being introduced to give ministers the right to refuse entry to individuals in cases where there is reliable evidence of past and/or ongoing human rights abuses. When the new rules come in to force they will allow ministers to review individual cases and refuse entry so it does not mean a blanket ban. This will allow the government to let individuals - for instance including heads of state who abuse human rights - to enter the UK if it is in line with the government policy on engagement. Under the current rules the government can only refuse entry to non-EU nationals on the grounds of national security. This has lead to cases where ministers would have refused entry to human rights abusers had the rules allowed it, but as they did not they were forced to allow entry. The report covers a very wide range of topics but this change to the Immigration Rules can be found on page 53 in the following reference to human rights offenders and entry to the UK: “Britain welcomes visitors from around the world – this year even more than ever. But not those who have perpetrated human rights abuses. Foreign nationals from outside the European Economic Area may only come to the United Kingdom if they satisfy the requirements of the Immigration Rules.  Where there is independent, reliable and credible evidence that an individual has committed human rights abuses, the individual will not normally be permitted to enter the United Kingdom.” You can read the full report on the Foreign and Commonwealth Office website. News 2012-04-30T11:23:04+00:00 http://lifeintheuk.net/index.php/news/a_new_citizenship_test_for_2012/ http://lifeintheuk.net/index.php/news/a_new_citizenship_test_for_2012/#When:14:46:07Z Are you wondering what has happened to the new version of the citizenship test promised by the government?Some time ago, way back in October 2011 in fact, Prime Minister David Cameron announced in a speech on immigration that the government were ‘going to change the British citizenship test.’ He went as far as to provide a few details on what kind of changes would be made. Mr Cameron said, ‘there’s a whole chapter in the citizenship handbook on British history but, incredibly, there is no question on British history in the actual test. ‘Instead you’ll find questions on the roles and powers of the main institutions of Europe and the benefits system within the UK. So we are going to revise the whole test and put British history and culture at the heart of it.’ When will the new test be published? This is the first question on everyone’s minds. There has been no announcement made about when the new test will come out so we just don’t know. In 2007, when the test was last revised, it was hinted that publication would be in April that year but it then turned out to be a few months later. The Government have been making their major changes to the Immigration system twice a year, in April and September, so it would be reasonable to hope they are trying to stick to this. When the test is published it is important to note that there will almost certainly be a crossover period between the old and new versions. This means that there will be, say, three months where you can sit either version before the old one is retired. This will allow people studying the current version to sit the test they have learned. We are keeping an eye on the Home Office, UKBA and TSO announcements so as soon as anything comes out we will post updates. What will change? Because the test was last updated in 2007 you should expect a lot of the facts and information to be updated in the new test. This includes, for example, the census data, minimum wages and details of the national curriculum. Because there have been lots of changes with government and public organisations you should also expect changes in some of the advice given. For instance, the DirectGov website set up in 2004 is increasingly becoming the central location for a lot of information, including the Jobseekers service. This leaves the question of how Mr Cameron will ‘put British history and culture at the heart of’ the test. One possibility is that the current chapter 1 of A Journey to Citizenship, which people aren’t tested on, will be added to the testable materials. This would be the simplest for the government to implement. A second option is that chapter 1 will be rewritten and added to the testable materials. The third option is that the entire test is reviewed and rewritten. If the government do this then we will have to wait and see as a new test could feature any manner of changes. News 2012-04-19T14:48:08+00:00 http://lifeintheuk.net/index.php/news/hot_english_magazine_goes_on_sale/ http://lifeintheuk.net/index.php/news/hot_english_magazine_goes_on_sale/#When:15:57:38Z Hot English magazine - the magazine that helps you learn English for less than £5 a month - goes on sale today from LifeintheUK.net.LifeintheUK.net have partnered with Hot English magazine to bring this unique magazine to the UK for the first time. With over 10 years experience, Hot English magazine has helped people the world over learn English. Each magazine has fresh articles about the latest films, music, celebrities and more. You also get an audio CD with every copy so that you can hear the articles read out by a native English speaker. Because learning a second language is something that you can never ‘complete’ - there will always be something new to learn. Perhaps you’ll come across a new bit of slang that you haven’t heard or a new accent that you find difficult to understand? If you feel that you want to improve your English language skills then Hot English is just the thing for you. What does Hot English offer? We all know that language courses are expensive and that study books can be boring. What you want is a fun and engaging way to learn English. What you want is to learn what real people are talking about in the real world, instead of restaurants and train stations! This magazine offers:a monthly CD with articles spoken by native speakers articles about celebrities, films, music and much more glossaries on every page so you can build your vocabulary as you read listening activities that accompany the CD and text lots of help with conversational English including slang and words and phrases you won’t find in textbooks  lots of help with phrasal verbs much more! This is the ideal way for you to build on your English skills without spending a fortune, or taking up all of your spare time. You can find out more, and buy your copy by clicking the button below. £4.99 per issue, including p&p | Only available online News 2012-04-10T16:00:39+00:00 http://lifeintheuk.net/index.php/news/cap_on_skilled_workers_kept_at_20700/ http://lifeintheuk.net/index.php/news/cap_on_skilled_workers_kept_at_20700/#When:13:40:52Z The Home Office has announced that the annual limit on skilled workers will be held at 20,700 for the next two years. The minimum skill for an occupation to qualify for a Tier 2 visa will also be increased from 14 June 2012.The limit on non-EEA workers was undersubscribed over the last 12 months but the Home Office has chosen to fix it at the same level for two years to provide consistency for businesses and employers. Further, the minimum skill level for Tier 2 migrants - including Intra-Company Transfers - will be increased from NQF leve 4 to NQF level 6 with effect from 14 June 2012. There will be limited exceptions to this rule for occupations on the Shortage Occupation List and certain creative occupations. June will also see the rules relaxed for higher-salaried and PhD level positions in relation to the Resident Market Labour Test (RMLT). The RMLT requires the vacancies be advertised to the UK labour market for four weeks before they are offered to applicants from non-EEA countries. From 14 June the following changes will apply:jobs paying over £70,000 a year and specified PhD level occupations will have to be advertised, but not in Jobcentre Plus. Sponsors/Employers will be able to chose the best candidate, regardless of whether they are a resident worker, for vacancies in ‘PhD-level’ occupations. This is a change from the current Resident Labour Market Test requirement where a suitably skilled settled worker must be selected. For PhD-level jobs only, the period for which the Resident Labour Market Test is deemed to have been satisfied (other than under the milkround provisions) will be extended from 6 months to 12 months. This provides sponsors a longer window to find candidates owing to the likely specialised nature of the vacancy.The complete details of the changes, including the updated list of occupations skilled to NQF6, can be found in the Statement of Intent and Transitional Measures: Tier 2 of the Points Based System. The Home Office and UKBA press releases noted that the ‘reforms will continue to restrict the ability of lesser skilled workers to enter the county’. The Home Office release said: ‘As part of a move to ensure only the best migrants can work in the UK the skill level required by migrants who wish to work in the UK will also increase, meaning that jobs such as IT technicians and security managers will no longer be open to migrant workers, but highly-skilled occupations such as architect, teacher or chemical engineer will still be available. ‘At the same time we are making it easier for businesses by relaxing the rules and reducing bureaucracy for companies who are advertising highly paid and PhD-level jobs.’ The other requirements for skilled worker visas, such as working in a graduate level job, speaking an intermediate level of English and minimum salary requirements will continue to apply. News 2012-04-05T10:27:53+00:00 http://lifeintheuk.net/index.php/news/tier_1_post-study_work_route_closes_on_6_april/ http://lifeintheuk.net/index.php/news/tier_1_post-study_work_route_closes_on_6_april/#When:10:57:03Z With effect from 6 April 2012 the Tier 1 (Post-study work) route of the points based system will close. If you are applying for permission to remain in the UK you must submit your application by 5 April 2012.The route is being closed down as part of the government’s overhaul of the student visa system. The details were announced earlier in the year and detailed on this website. From 6 April onwards any graduating students who are hoping to remain in the UK to work must reapply through either Tier 1 (Graduate entrepreneur) or Tier 2 (General). The new Tier 1 (Graduate entrepreneur) route opens on 5 April. Tier 2 (General) also opens to recent graduates with a Bachelor’s or Master’s degree, PhD, or a PGCE or PGDE, from a UK recognised or listed body on 5 April. If you are applying in Tier 2 (General) then you must have an offer of a skilled job from a licensed sponsor and be paid at least £20,000 or the minimum appropriate rate set out in the relevant Code of Practice. However, the employer will not have to complete a resident labour market test and the jobs will not be subject to the annual limits on Tier 2 numbers. The Working in the UK page on the UKBA website has more information. Deadline for Tier 1 (Post-study work) The final applications that will be accepted must be submitted by 5 April 2012. Applications can be submitted by the post or by courier. If you post your application the post mark must clearly show that the applications was submitted on or before 5 April 2012. If send your application by courier then it must be received at the address on the application form by 17:00 on 5 April 2012. Any applications received before these deadlines will be processed under the Immigration Rules and guidance in effect on 5 April 2012. You should check the relevant criteria for Tier 1 (Post-study work) applications before submitting your application. If you have not completed your studies, or have not received confirmation that you have been awarded a qualification, you do not meet the criteria and any application for Tier 1 (Post-study work) will be refused. News 2012-04-04T10:58:04+00:00 http://lifeintheuk.net/index.php/news/new_permanent_scheme_for_victims_of_domestic_violence/ http://lifeintheuk.net/index.php/news/new_permanent_scheme_for_victims_of_domestic_violence/#When:13:51:36Z The Home Office has announced that a new permanent scheme has been set up to help migrants who are victims of domestic violence or abusive relationships.The new scheme helps foreign national spouses and partners who are victims of domestic violence who would otherwise be trapped in the relationship. It has been established permanently following the success of the Sojourner Scheme pilot last year. The scheme provides victims of domestic violence, who would otherwise be destitute or have no access to public funds (such benefits and housing support) with vital support services. Domestic violence is any threatening behaviour, violence or abuse that occurs between adults who are together in a relationship, or were previously in a relationship. It includes physical, sexual and emotional abuse. It can also be behaviour of this type that occurs between family members, regardless of their age, gender, or sexuality. The scheme supports spouses who leave their partners and have nowhere else to go. People who need help are given short-term access to housing and support. During this period people will be supported and encouraged to lodge an application for Indefinite Leave to Remain, separate from the spousal visa they entered the country on. You can find information about the scheme, and how to contact people in your region on the Domestic Violence page of the UKBA website. News 2012-04-02T13:51:37+00:00 http://lifeintheuk.net/index.php/news/new_application_forms_in_use_from_easter/ http://lifeintheuk.net/index.php/news/new_application_forms_in_use_from_easter/#When:11:57:10Z The UKBA are bringing lots of changes into effect at the end of this week as part of the ongoing reforms of the Immigration Rules. As part of this a selection of application forms have been revised and published on 5 April 2012.The new forms will come into use for all applications made in the below categories from 6 April 2012. The affected forms are:Tier 1 (Graduate entrepreneur) Tier 1 (General) Tier 1 (Investor Tier 1 (Entrepreneur) Tier 1 (Post study work) - form removed because this category has closed to new applicants Tier 2 Tier 4 (General) Tier 4 (Child) Tier 5 (Temporary worker) PBS Dependant FLR(O) (to extend your stay) FLR(BUS) (to extend your stay in specific categories) TOC (to transfer a visa to a new passport) You should use the new forms from 6 April 2012 but the UKBA will accept applications made on the old form until 27 April. All applications received on or after 6 April will be assessed using the revised Immigration Rules (and the new application fees) even if you have applied using the old forms. News 2012-04-02T11:58:11+00:00 http://lifeintheuk.net/index.php/news/visa_application_fees_change_on_6_april/ http://lifeintheuk.net/index.php/news/visa_application_fees_change_on_6_april/#When:13:39:00Z Updated fees for visa applications will be introduced from 6 April 2012. The majority of fees will rise by about 2%.All payments made from 00:01am on Friday 6 April 2012 must be made according to the new fee structure. If your pay an incorrect fee your application will not be accepted. The changes were first proposed to Parliament in February. You can find the new fees, and further information on the Fees for our Services page of the UKBA website. News 2012-03-28T13:40:01+00:00 http://lifeintheuk.net/index.php/news/report_shows_50000_abuse_student_visa_system/ http://lifeintheuk.net/index.php/news/report_shows_50000_abuse_student_visa_system/#When:13:36:37Z The National Audit Office (NAO) has published a damning report indicating that up to 50,000 people may have come to Britain to work rather than study under Tier 4 of the points based system.The NAO report, Immigration: The Points Based System - Student Route states that Tier 4 was launched in 2009 ‘with predictable flaws,’ and that ‘the flaws in the system were both predictable and avoidable.’ The NAO also state the the UKBA did little to check students were attending college, ensure students’ leave to remain and took little action to prevent and detect students overstaying or working in breach of their visa conditions. This combination of oversights led to situations where ‘[UKBA] enforcement teams have been unable to arrest students found working and not attending college.’ Indeed, one of the headline quotes on the NAO website is this: ‘The Agency regards students who do not comply with their visa conditions as a low priority compared with illegal immigrants and failed asylum seekers, and is slow to take action to deal with such students. Action planned by the Agency to ensure that those with no right to remain in the UK are identified and required to leave must now be pursued more vigorously.’ - Amyas Morse, head of the National Audit Office, 27 March 2012 How did this happen? The UKBA started accepting applications under Tier 4, which replaced the previous system for non-EEA student visas, in 2009 under the previous Labour government. Since then the NAO estimate that between 40,000 and 50,000 individuals entered the UK via Tier 4 to work instead of study. This estimate is based on college enrolment rates and changes in patterns of applications and refusals and is not a definite number. Whilst the controls on Tier 4 were strengthened last year, including stricter controls on institutions and the new Highly Trusted Sponsor status, the UKBA withdrew powers before these were in place. This meant that the UKBA withdrew entry clearance officers’ powers to test applicants’ intentions before it had controls in place over sponsor colleges and the documentation required to support an application. The report also found that, ‘between March 2009 and February 2010, the [Border] Agency detected thousands of forged college visa letters at some application centres. The agency did not check that those who entered through suspect routes were attending college.’ To compound this problem, the NAO also employed a specialist contractor to try and track down over 800 migrants currently wanted by the UKBA for breaches of their visas. In the course of a week this contractor found addresses for a quarter of these people at a cost of £3,000 - that’s about £15 per person. The UKBA are now following up on these details. What happens now? The UKBA have already introduced a new system of accreditation for education institutions last November, which should result in fewer bogus colleges bringing students to the UK, and better management of the students who are granted visas. They are also planning visits to colleges - which didn’t happen before - to help ensure migrants are actually studying as they declare. New rules for student visas will also be coming into force on 6 April 2012 which will sever the link between study and work for the large majority of students. Damian Green, the immigration minister, said: “This government has introduced radical reforms in order to stamp out abuse and restore order to the uncontrolled student visa system we inherited. “These measures are beginning to bite, we have already seen the number of student visas issued drop considerably in the second half of 2011, compared to the same period in 2010.” News 2012-03-27T13:39:38+00:00 http://lifeintheuk.net/index.php/news/leaked_letter_reveals_salary_threshold_for_partner_visas/ http://lifeintheuk.net/index.php/news/leaked_letter_reveals_salary_threshold_for_partner_visas/#When:10:27:59Z A letter from the Home Secretary, leaked to the Sunday Telegraph has revealed the details of plans to increase the salary threshold for sponsoring partners and dependents for visas.The letter was sent from the Home Secretary, Theresa May, to the Deputy Prime Minister, Nick Clegg, and the story published in the Sunday Telegraph on 24 March. The letter indicates the new thresholds and visa requirements that the government is planning to introduce. The new requirements follow the recommendations from the Migration Advisory Committee (MAC) published last November. The new thresholds The letter seen by the Telegraph proposes that anyone who wants to sponsor a spouse, partner or dependent from outside the UK for a visa must be earning at least £25,700 a year. The current threshold is £13,700. Further to this, according to the letter, the income threshold would rise to £37,000 a year for a partner with one child, £49,300 for two and £62,600 for three. The residence requirement for migrants on spouse and partner visas who want to apply for Indefinite Leave to Remain (ILR) or citizenship would also increase from two years to five. The letter also indicates that the “level of English required to achieve settlement” for a spouse or partner visa would also be increased. It is unclear if this equates to an increase for all settlement applications or just spouse and partner visas - currently all applicants for ILR and citizenship must either pass the Life in the UK test or take a combined ESOL and citizenship course at ESOL Entrey Level 3 or Scottish Intermediate 1. It is perhaps more likely that the Home Secretary will increase the English language requirements for spouse and partner visas from the current level of A1 on the Common European Framework of Reference (CEFR). How many people will this affect? The original estimates from the MAC were that a salary threshold of £25,700 (the maximum proposed by the Committee) would reduce the number of visas granted under the family route by 63%. The Telegraph suggests it could reduce the number of immigrants coming to the UK by 15,000 a year. Whatever the impact, it is clear that the Tories are still focused on their mission to reduce net migration to less that 100,000 a year. It is still not clear if that mission is possible, or indeed well-advised. In the twelve months until June 2011 net migration was around 250,000, just 5,000 below the record high level seen earlier in the year. The Telegraph raises an interesting observation as well: ‘ Last week figures released by the Department for Education showed that children with English as their home language were now the minority of pupils in more than 1,600 schools across England. One in six primary school pupils - 547,000 - does not have English as a first language, with the figure for secondary schools one in eight, or 400,000. ‘Punjabi is the most frequently spoken language among pupils without English as a first language, followed by Urdu, Bengali, Gujarati, Somali, Polish, Arabic, Portuguese, Turkish and Tamil.’ This is compared to the observation made by the Guardian last November that, ‘the largest group of people banned from coming to Britain under the proposal would be women from India, Pakistan, Nepal and Bangladesh. Although the US ranks third in the list of countries of origin of family visas, it is thought most sponsors would qualify under the new salary thresholds.’ News 2012-03-27T10:29:00+00:00 http://lifeintheuk.net/index.php/news/forthcoming_changes_to_the_immigration_rules_summarised/ http://lifeintheuk.net/index.php/news/forthcoming_changes_to_the_immigration_rules_summarised/#When:17:25:43Z A written ministerial statement has been laid before Parliament outlining the forthcoming changes to the Immigration Rules due in April.The Immigration Minister, Damian Green, made the statement which also serves as a concise summary of the changes and who they will affect. Most of these changes will come into effect on 6 April 2012 but some of them will affect people granted leave to remain after 6 April 2011. The full details can be found in Statement of changes: HC 1888. The changes were outlined as follows. Changes affecting all tiers of the points based system Making curtailment mandatory where a migrant under Tiers 2, 4, or 5 of the points-based system has failed to start, or has ceased, their work or study with their sponsor. This includes cases where a sponsor notifies us, via the sponsor management system (SMS), that a migrant is no longer pursuing the purpose of their visa. The Rules will also set out the limited exceptions to mandatory curtailment. Reducing the curtailment threshold (the level of leave you have left which means that we will not normally pursue curtailment) from 6 months to 60 days. Increasing the funds applicants will need to provide evidence of, in order to meet the maintenance requirements for all routes in the points-based system. For Tier 4 and Tier 5 Youth Mobility Scheme the changes will come into effect on 6 April 2012. For Tier 1, Tier 2 and temporary workers under Tier 5 the changes will come into effect on 14 June 2012. Changes to tiers of the points based system Tier 1 Closing the Tier 1 (Post-study work) route. Introducing the new Tier 1 (Graduate entrepreneur) route. Introducing new provisions for switching from Tier 1 (Graduate entrepreneur) or Tier 1 (Post-study work) into Tier 1 (Entrepreneur). Renewing the 1000 place limit for Tier 1 (Exceptional talent) for each of the next 2 years. Tier 2 Limiting the total amount of temporary leave that may be granted to a Tier 2 migrant to 6 years (which applies to those who entered after 6 April 2011). The minimum skill level for Tier 2 migrants - including Intra-Company Transfers - will be increased from NQF leve 4 to NQF level 6 with effect from 14 June 2012. There will be limited exceptions to this rule for occupations on the Shortage Occupation List and certain creative occupations. The new list of qualifying occupations can be found in Appendix A of the Statement of Intent and Transitional Measures: Tier 2 of the Points Based System Introducing a new minimum pay requirement of £35,000 or the appropriate rate for the job, for Tier 2 general and sportsperson migrants who wish to settle here from April 2016 (with exemptions for those in PhD level and shortage occupation categories). Introducing a ‘cooling-off period’ across all the Tier 2 routes. Tier 2 migrants will need to wait for 12 months from the expiry of their previous visa before they may apply for a further Tier 2 visa. Introducing new post-study arrangements for graduates switching into Tier 2. Tier 4 Implementing the final set of changes to the student visa system that were announced in March 2011, including:Extending the interim limit for sponsors that have applied for educational oversight and Highly Trusted Sponsor status and have not yet been assessed. Introducing limits on the time that can be spent studying at degree level. Tightening work placement restrictions. Tier 5 Limiting the length of time temporary workers can stay in the UK, under certain Government Authorised Exchange schemes, to a maximum of 12 months. The schemes affected are intern, work experience and youth exchange type programmes. Allowing sportspersons who enter under the Tier 5 creative and sporting sub-category to undertake some guest sports broadcasting work where they are not filling a permanent position. Visitors The new visitor route will allow a small group of professionals, artists, entertainers and sportspersons who are invited to come to the UK to undertake short-term permitted fee paid engagements for up to 1 month. Overseas domestic workers Restricting all overseas domestic workers (ODW) to only work for the employer with whom they entered the UK, or whom they came to join. Removing the right for all migrants under the ODW category to apply for settlement. Strengthening the requirement for the employer of an ODW to provide evidence of an existing employer relationship, and introducing a requirement for agreed, written terms and conditions of employment to be produced, as part of the application for entry clearance. Permitting all ODWs who have applied for leave to enter or remain on or before 5 April 2012, to continue to be treated under Immigration Rules in place on that date. Restricting ODWs in private households to work for an employer who is a visitor to the UK. Permission to stay in the UK will be limited to a maximum of 6 months or the period of the employer’s stay whichever is shorter. Removing the current provision for ODWs to be accompanied by dependants. Permitting ODWs in diplomatic households to apply to extend their stay for 12 months at a time up to a maximum of 5 years, or the length of the diplomat’s posting, whichever is shorter. Sponsors Introducing a Premium Customer Service for those A-rated sponsors in Tiers 2 and 5 who wish to apply and pay for a range of benefits. We will publish the full range of service benefits in due course. The service will launch in the 2012-13 financial year. In addition to these changes, the government is also making amendments to the extension of leave to remain. News 2012-04-05T13:47:44+00:00 http://lifeintheuk.net/index.php/news/new_brits_launches_today/ http://lifeintheuk.net/index.php/news/new_brits_launches_today/#When:17:16:45Z Today sees the launch of New Brits, the new online community for migrants in the UK who have achieved, or are close to achieving, settlement.The service launches today and offers a place for people who have recently take the Life in the UK test to share their experiences. The website, www.NewBrits.ning.com, offers members a place to:Get in contact with other newly settled migrants set up and join networks and groups to bring people together write blogs to share their experiences with other migrants read and comment on other users’ blogs share photos with other New Brits set up events and meetings with your new community with the calendarNew Brits is run by Red Squirrel Publishing, the people who run LifeintheUK.net so you can be sure that you will find people like you there. The site is completely free to join so if you want to join then all you have to do is sign up. And if you have friends or family that you want to invite then we would love to see them there! You can find out more from our New Brits page on the website. Or you can head straight over to www.NewBrits.ning.com now. We hope to see you there soon. News 2012-03-22T11:52:46+00:00 http://lifeintheuk.net/index.php/news/new_border_force_will_check_every_non-eea_passenger/ http://lifeintheuk.net/index.php/news/new_border_force_will_check_every_non-eea_passenger/#When:14:30:18Z It has been announced that the newly independent UK Border Force will be checking every passenger on non-EEA flights to the UK against the e-Borders system.The UK Border Force will be acting on ‘clear rules into the correct level of checks for every type of passenger and all types of goods that cross the UK border’, as provided by the government. It is hoped that the e-Borders system will be used to cover 100% of non-EEA flights by next month. The e-Borders system collects and analyses information on passengers and crew intending to travel to or rom the UK before they travel so that appropriate checks can be made in good time. The UK Border Force was created when the UKBA was split in two last year following the passport checks scandal last summer which threatened to engulf the Home Secretary, Theresa May, and the Minister for Immigration, Damian Green. The UKBA now handles immigration cases, such as visa and citizenship applications. The UK Border Force handles the policing of borders and immigration matters, including security and identity checks made at the UK borders. News 2012-03-14T14:31:19+00:00 http://lifeintheuk.net/index.php/news/immigration_advisory_service_-_deadline_approaching_to_claim_your_files/ http://lifeintheuk.net/index.php/news/immigration_advisory_service_-_deadline_approaching_to_claim_your_files/#When:12:07:15Z The deadline is approaching if you were represented by the Immigration Advisory Service (IAS) and you want your documents returned to you.The IAS provided immigration advice for people submitting applications to the UK Border Agency (UKBA) but went into administration in July 2011. All client files were archived at the time. This archive of documents has now been opened and you have until 28 May 2012 to request the return of your documents. If you need any documents currently held by the IAS returned to you it is essential that you contact them before this date. To claim your documents you should follow the instructions found on the Immigration Law Practitioners’ Association website. What happened to the IAS? The Immigration Advisory Service, a charity providing legal advice and representation to immigrants and asylum seekers in England and Scotland entered into administration on 8 July 2011. The registered charity closed after 35 years after the government removed legal aid for immigration and also reduced legal aid fees by 10% for refugees seeking asylum in the UK. Together these two cuts removed 60% of the IAS’s income. The IAS stopped accepting new cases at the time and provided information on how the announcement would affect migrants using the service. We announced these details at the time in our news post - Immigration Advisory Service Enters Into Administration. News 2012-03-14T12:08:16+00:00 http://lifeintheuk.net/index.php/news/skilled_migrants_earning_under_35000_to_be_deprived_settlement/ http://lifeintheuk.net/index.php/news/skilled_migrants_earning_under_35000_to_be_deprived_settlement/#When:11:55:01Z Skilled migrants will only qualify for Indefinite Leave to Remain (ILR), also known as settlement, in the future if they are earning a minimum salary. The Home Secretary has announced the plan as a move towards creating a temporary migrant workforce in the UK.The new rules will mean that any skilled worker who has been in the UK for five years will now need to earn at least £35,000 per annum in order to qualify for ILR. It is expected that there will be some exceptions to the limit, including a lower earnings threshold for jobs in shortage or at PhD level. Temporary permission to enter and remain in the UK will also be capped at 6 years, to reduce access to ILR through the long-residence channel (after 10 years in the UK). The changes in settlement rights will also include a new rule removing the rights of overseas nannies, cooks and other domestic workers to settle in Britain after five years. In 2010, 15,700 visas were issued to foreign domestic workers from outside Europe. The new rules mean that in future they will only be able to work for foreign visitors and their period in Britain will be restricted to six months. Exemptions In his press release on the UKBA website the Immigration Minister, Damian Green, provided these clarifications about who will be exempt from the salary requirement:those who enter as PhD-level scientists and researchers who will not have to meet the £35,000 minimum salary threshold make all workers in shortage occupation jobs (currently including specialist nurses, teachers and social workers) exempt from the minimum settlement salary threshold of £35,000He also took the opportunity to make other general statements about the government’s forthcoming plans for the settlement system:the UKBA will continue to provide a direct route to settlement for investors, entrepreneurs and exceptionally talented migrants under Tier 1 The UKBA will continue to provide a route to settlement for the best Tier 2 migrants, if they meet a minimum salary threshold of £35,000. Tier 2 migrants will be allowed to extend their temporary permission to stay in the UK up to maximum of 6 years, and introduce a 12-month ‘cooling off’ period The UKBA will retain a route for overseas domestic workers in private households, but only when accompanying a visitor and limited to 6 months’ stay with no right to change employer The UKBA will retain the current route of entry for private servants in diplomatic households under Tier 5 (Temporary worker - International agreement), with a maximum stay of 5 years and no ability to change employer or to settle The change to the rules has been announced the day after it was revealed that the cap on the number of Tier 2 visas introduced last April has been undersubscribed with only 10,000 out of 21,700 places being taken. However, the reason that this cap is undersubscribed is because many migrants - nearly 8,000 more in the last 12 months - are now coming to the UK through intra-company transfer visas. The announcement separating settlement from skilled migration has been hinted at over previous months, and was the subject of a report published by the Migration Advisory Committee (MAC) in November 2011. The migration advisory committee has estimated that the current level of 60,000 skilled workers settling in Britain each year could be reduced to 20,000 by adopting a £35,000 earnings limit. Is the threshold right? In the report the MAC proposed a salary threshold of between £31,000 and £49,000 for skilled migrants hoping to apply for settlement. This means that the Home Secretary’s chosen barrier of £35,000 - whilst still considerably above the national average wage of around £26,000 - is at the lower end of this range. However, it is also important to note that the MAC published their report in response to very specific questions from the government. The government did not ask what would be best for Tier 2 of the points based system, or the UK. Instead the government asked the following questions: ‘What would be the economic effects of restricting or removing settlement rights in Tiers 1 and 2’ and ‘which economic criteria could be used to identify the most economically important Tier 2 migrants for settlement?’ Matt Cavanagh of the think tank the Institute of Public Policy Research said to the Guardian, ‘Ministers accept that our economy needs skilled migrants to come and work at levels below £35,000 a year, but have decided that even if they work hard, pay their taxes, and play by the rules, they will be forced to go home after five years’. ‘This makes no sense in economic terms, will cause big problems for employers, and is unfair on individual migrants. It could also discourage the “brightest and best” from coming here in the first place. The majority of working migrants don’t stay permanently anyway, but they value the option, and if Britain no longer offers it, they may go elsewhere.’ ‘“Guestworker” policies, such as those applied in Germany in the 1970s and 1980s, were notoriously unworkable,’ he said. ‘The pattern is always the same: the policy is quietly abandoned when it becomes clear that there is no way to enforce the new rules.’ He said instead of removing settlement rights it would make more sense to provide financial incentives for migrants to return home. News 2012-03-02T10:50:02+00:00 http://lifeintheuk.net/index.php/news/migration_observatory_publish_briefing_on_settlement/ http://lifeintheuk.net/index.php/news/migration_observatory_publish_briefing_on_settlement/#When:13:03:06Z The Migration Observatory of Oxford University has published a new report on the permanent settlement of non-European migrants in the UK.The report, Settlement in the UK gives details about how many non-European migrants are granted settlement in the UK every year, their demographic characteristics and the various bases for their grants of settlement. The key findings of the report are summarised as follows:In 2010, there were 241,192 grants of settlement to non-European migrants, 24% more than the previous peak in 2009. Settlements in 2005-2009 averaged 156,428 per year, increasing from 125,645 per year in the previous five-year period and 68,570 per year from 1995-1999. In 2010, 35% of settlements were granted on the basis of employment and residency (including dependents of labour migrants), another 34% were granted for “other discretionary reasons”, many of which are linked to a backlog of asylum cases. 29% of settlements were granted on the basis of family and 2% on the basis of asylum. In 2010, among migrants granted settlement the most common countries of citizenship were India (16% of all settlements) and Pakistan (9%), followed by China (6%) and Nigeria (4%). At least 88% of settlements on the basis of marriage in 2010 were granted to spouses of British citizens. The full report, including detailed breakdowns of settlement numbers, can be found on the Migration Observatory website. News 2012-02-28T13:04:07+00:00 http://lifeintheuk.net/index.php/news/form_flrbid_withdrawn_from_29_february_2012/ http://lifeintheuk.net/index.php/news/form_flrbid_withdrawn_from_29_february_2012/#When:12:04:28Z Application form FLR(BID) will be withdrawn from use with effect from 29 February 2012.This form is used for applications for Further Leave to Remain by those applying as:an academic visitor a domestic worker in a private household a UK ancestor a visitor for private medical care a dependent of a person with limited leaveFrom 29 February onwards anyone applying for Further Leave to Remain as one of the above should use Form FLR(O) instead. Any appointments booked at public enquiry offices should be booked under the FLR(O) category. If you already have an appointment under the FLR(BID) category and want to rearrange it for date after 29 February then you will have to cancel the booking and make a new one in the FLR(O) category. News 2012-02-28T12:05:29+00:00 http://lifeintheuk.net/index.php/news/ukba_to_be_split_in_two/ http://lifeintheuk.net/index.php/news/ukba_to_be_split_in_two/#When:15:04:51Z The UK Border Agency (UKBA) is to be split in to two separate bodies as a result of last year's high profile border control lapses and the resignation of the UK Border Chief, Brodie Clark.The plan is to split the UKBA - the part which handles immigration case files, visa applications, citizenship etc - and the UK Border Force, which will handle the policing of borders and immigration matters. The new UK Border Force will be headed by a Chief Constable. The Home Secretary, Theresa May, made the announcement to Parliament following the publication of An investigation into border security checks, the official report into the the border control lapses at UK ports and airports uncovered last summer. She said it needed a new management culture and to become a “disciplined law enforcement organisation,” led by a director general reporting directly to ministers. Brian Moore, chief constable of Wiltshire, is to be its interim head. However, the shadow Home Secretary, Yvette Cooper, disagreed, saying ‘The report shows that instructions from the home secretary’s office were unclear, whilst the immigration minister authorised relaxed checks in January 2011 without asking the home secretary which were then implemented in by the UKBA. The Home Secretary is trying to claim that the problems at the UKBA have nothing to do with her, the immigration minister or her so called pilots. Yet the report shows the opposite.” Brodie Clark also commented that, ‘The home secretary’s statement gives only a partial picture of the report’s contents and does not acknowledge its full findings, including the criticisms of ministers.’ The Vine Report The report found that Immigration Minister, Damian Green, gave the go-ahead for the suspension of the key checks on overseas passengers with biometric visas from outside the European Union before last year’s Easter holiday. However, the report also found that the UKBA, under Mr Clark, had continued to suspend these checks after the Home Secretary had specifically excluded them from being suspended. The report shows that various other checks were relaxed without ministerial authorisation than had previously been made public, including over half a million EEA migrants who travelled to the UK on Eurostar services from Disneyland and other French resorts. The report also reveals that a pilot scheme for a risk-based approach to passport checks which had been authorised by ministers has not been the success that was claimed by David Cameron in the Commons. Instead, the report says it is not possible to quantify whether it has been a success or a failure. Ultimately, the report makes it clear that it was a lack of clarity about roles and responsibilities and a lack of clarity about language by ministers and senior officials that led to widespread confusion among frontline staff. The report’s recommendations The full list of recommendations made in the report is as follows. As the situation develops it will be interesting to see how the Home Secretary implements any changes based on this:The extent of the UK Border Agency’s operational autonomy from the Home Office needs to be explicit, with a clear delineation of roles and responsibilities. A new framework of border security checks, authorised by Ministers, should be produced and implemented urgently. This needs to take account of the different operational environments at ports, the benefits to border security of conducting the checks and the implications for border security of any reduction in checks. Ministers should decide the minimum standard of border security checks to be applied at UK ports before allowing entry to the UK. Ministerial decisions, policy proposals and operational instructions must be communicated effectively with specific and careful use of language. The level of authorisation required for any suspension of or reduction in border security checks must be explicitly set out and authorised by Ministers. Suspension of border security checks should only take place when absolutely necessary. Records showing the frequency of these, the reasons for them and the level of authorisation obtained should be reported to Ministers and senior managers on a quarterly or more frequent basis. To ensure suspension of border security checks is kept to an absolute minimum, a clear understanding of what constitutes health and safety grounds for suspension should be agreed. An operating policy for fingerprint verification of all visa nationals (Secure ID) needs to be produced as a matter of urgency. It must take into account its importance relative to other checks contained within any new framework of border security checks. Record-keeping at ports should be overhauled ensuring that staff know what to record, and why, whilst keeping bureaucracy to a minimum. Management should ask for and review records of border security checks to inform development of policy. A rigorous management assurance process needs to be put in place so that Ministers and the UK Border Agency can be assured that policy is being translated into practice on the ground. The UK Border Agency must ensure that any local initiative regarding suspension of border security checks does not contradict any new framework of border security checks and is lawful and properly authorised. Service standards for passenger queuing times and staffing levels at ports should be reviewed to ensure they are compatible with any new framework of border security checks. News 2012-02-21T15:07:52+00:00