IMMIGRATION NEWS

Important recent updates/news in the immigration law are as given below: 

New English language requirement for partners (28.07.10)

From 29 November 2010, any migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English.

You will need to meet the requirement if:

• you are a national of a country outside the European Economic Area and Switzerland; and

• you are in a relationship with a British citizen or a person settled here; and

• you want to apply to enter or remain in the UK as that person's husband, wife, civil partner, fiance(e), proposed civil partner, unmarried partner or same-sex partner.

If you are not a national of a majority English-speaking country (see below), you will need to pass an acceptable English language test with one of the UK Border Agency's approved test providers.

In the test, you will need to demonstrate a basic command of English (speaking and listening) at level A1 of the Common European Framework of Reference. This is a basic level, which is judged to require 40 to 50 hours' tuition for most learners. Someone assessed at level A1 can understand and use simple, everyday expressions and very basic phrases.

You will not need to demonstrate your reading and writing skills.

When you make your application to the UKBA, you will need to provide evidence that you have passed the test

The UKBA will publish details of acceptable tests and approved test providers on their website in due course.

You will need to pay for your own English language test. The cost of a test will vary according to your test provider and country.

What is a majority English-speaking country?

If you are a national of a majority English-speaking country, you will meet the English language requirement automatically. You will not need to take a test.

According to the UKBA, the following countries are majority English-speaking countries:

• Antigua and Barbuda
• Australia
• the Bahamas
• Barbados
• Belize
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• the United States of America

 

The government has announced its intention to abolish the 'certificate of approval' scheme. A Remedial Order under the Human Rights Act 1998 has been laid in Parliament to achieve this aim.

The certificate of approval scheme remains in operation until the Remedial Order comes into force. Applicants will need to follow the current process until further notice.

The requirement to give notice in a designated register office is not affected by the proposed abolition of the certificate of approval scheme. The requirement will remain in force when the scheme is abolished.

Refusals based on the points-based system’s maintenance (funds) requirement

If you have been refused permission to enter or stay in the UK (known as 'entry clearance' and 'leave to remain') solely because you failed to meet the maintenance (funds) requirement of your points-based system application, you may wish to request a review of your case.

Following the judgments in the cases of Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719, the UKBA have put transitional arrangements and remedies in place for migrants who:

• submitted applications abroad for entry clearance between 23 June and 22 July 2010 inclusive; or
• submitted applications for leave to remain on or before 22 July 2010, when they had lawful status in the UK.

If your application was unsuccessful and submitted within the above timeframes, you can ask the UKBA to review the original decision to refuse your application. To request a review, you must write to the casework team or entry clearance post which issued the decision. The UKBA policy guidance document (PDF, 180KB opens in a new window) sets out the review criteria and describes the information that you must include when requesting a review. This document will be updated in due course.

Applicants have until 22 June 2011 to request a review.

If you currently have a live application with the UK Border Agency, it will be automatically considered in line with the revised policy.

 

Immigration limit announced by the Home Secretary (updated:28.06.2010)

The number of workers entering the UK from outside Europe will be controlled by a new limit, the Home Secretary announced today. Net migration will be scaled back to the levels of the 1990s - with the effect that it will be in the tens of thousands rather than hundreds of thousands. Introducing a limit on migrants from outside Europe coming here to work is just one of the ways the government intends to achieve this. Details of how the final limit will be delivered will be agreed following a 12-week government consultation with businesses. In the meantime, an interim limit will be introduced to ensure that there is no 'closing down sale' and the number of work visas issued stays below 2009 levels.

The results of the consultation on the permanent limit will pave the way for the government's fundamental changes on the way in which workers from outside the European Union (EU) will be chosen to come and work in the UK. The Home Secretary has also asked the Migration Advisory Committee, the government's independent adviser on migration issues, to launch a separate consultation into what level the limit should be set at, taking into account social and economic impacts.

Home Secretary Theresa May said:

'This government believes that Britain can benefit from migration but not uncontrolled migration. I recognise the importance of attracting the brightest and the best to ensure strong economic growth, but unlimited migration places unacceptable pressure on public services. '

While we consult on our tough new limit it's important we have an interim measure to avoid a "closing down sale" for migrants and ensure that the number of work visas issued stays below 2009 levels. '

The government will also introduce measures to support British people. Alongside limits will be action to get Britain back to work and provide business with the skills they need from the resident workforce - reducing the need for migrants at the same time as we reduce their number.'

The government's consultation will run until the end of September. Permanent limits on non EU economic migration routes will then be decided and put in place by 1 April 2011.

To avoid large numbers of applications between now and April next year, the government will impose an interim limit which will take effect from 19 July 2010. The interim limits will ensure the number of visas issued under Tiers 1 and 2 of the points-based system are below that issued in 2009. These interim measures include: capping the number of Tier 1 migrants at current levels and raising the number of points needed by non-EU workers who come to do highly skilled jobs from 95 to 100; and limiting the number of certificates of sponsorship that licensed employers can issue to those who wish to come to fill skilled job vacancies. This will reduce the number of people entering through Tier 2 by 1,300.

You can find more information about this by clicking on the links given below:

Immigration limit for Tier 1 (General) of the points-based systemImmigration limit for Tier 2 (General) of the points-based systemImmigration limit consultation launched by Migration Advisory Committee

New Caselaw on Funds for Maintenance for PBS applications (updated: 26.06.2010)

The Court of Appeal has given a landmark decision in recent case whereby it has been ruled that it is wrong on part of the Home Office to require the balance of funds to be maintained for the last three months given that the Immigration Rules only require evidence of funds at the time of application and not for the last three months. The Court of Appeal has also ruled that the Home Office as well as Immigration Judges  must consider the Human Rights Claim of a PBS applicant under  the Article 8 of the European Convention on Human Rights if an application under the Point Based System (PBS) fails.

This means that all the decisions by the Home Office whereby PBS applications were refused by the Home Office for the reason of not maintaining the required balance of funds for last three months are unlawful and not in accordance with the ruling of  the Court of Appeal as long as it can be showed that at the time of the applicaiton (end balance of the statement), the applicant had the required level of funds in his/her account.  

In light of the recent caselaw, we believe that it is possible to require the Secretary of State to review the refusals on maintenance grounds and grant the applicant leave to enter or remain in the UK under the relevant PBS category. You can contact us if your application was refused in the past for failure to maintain the required balance of funds for last three months and we can assist you with your matter and help you in getting leave to remain in the UK. This may help even those who have now become overstayers as a result of the unlawful decision by the Home Office.

 

New Rules for Tier 1 and Tier 2 and other changes to the Immigration Rules (updated: 19 March 2010)

 

On 6 April the government will make significant changes to Tier 1 and Tier 2 of the points-based system. It will also amend the Immigration Rules covering asylum seekers, English language qualifications and marriage visas for members of the Armed Forces.

The government has accepted changes to Tier 1 recommended by the Migration Advisory Committee (MAC), and has set out details of how it will implement the MAC's recommended changes to Tier 2.

The changes include new points criteria for both tiers, a simpler route for very highly skilled workers without Master's degrees, greater flexibility for short-term transfers by multinational companies, and more protection against the use of such transfers to fill long-term vacancies that should go to resident workers.

The changes are included in the latest Statement of Changes in Immigration Rules, which was laid before Parliament today.

The other changes to the Immigration Rules include:

• revised provisions governing English language qualifications for migrants who are applying for permanent residence, to ensure that those relying on qualifications in English for Speakers of Other Languages (ESOL) will study at accredited colleges, and to clarify the progression that migrants are required to demonstrate before they can apply for permanent residence;
• changes to prevent asylum applicants from claiming humanitarian protection if there are serious reasons for considering that they have engaged in undesirable behaviour;
• clarified interview procedures for unaccompanied children seeking asylum;
• removal of a requirement for asylum seekers to be asked to sign the interview record, as other safeguards are in place;
• lowering the marriage visa age to 18 for serving members of the Armed Forces and their partners, recognising partners' role in supporting those on the front line and reflecting the unique circumstances in which the Armed Forces operate; and
• adding Monaco to the Youth Mobility Scheme.

The changes will come into effect on 6 April and 7 April 2010. Applications that are made before the new rules come into effect will be considered under the rules in place on the date of the application. You can access the written ministerial statement - changes to the immigration rules by clicking on the link.

New immigration fees from 6 April 2010  

The new immigration fees announced on 20 January and 10 February 2010 will be introduced from Tuesday 6 April 2010 for all those applying to study, visit, work in or stay in the UK. click on the New Immigration Fees to access the new fees published by the Home Office.

 

Tough New Rules For Tier 4 Students (updated: 10.02.2010)

 

Foreign students from outside Europe wanting to come to the UK to study will be required to meet stricter entry criteria, the Home Secretary announced today.

 The new regulations will ensure that students studying below degree level have a limited ability to work in the UK, and that their dependants cannot work here at all.  

 

 

It will be even harder for bogus students, whose only aim is to work in the UK, to come into the country.

 The new measures for students include:  

 

 

 

• a good standard of English (equivalent of holding just below a GCSE in a foreign language) will be needed to come to the UK and study to improve English language competency further;
• a good standard of English (again equivalent of holding just below a GCSE in a foreign language) will need to be demonstrated in order to study any other course below degree level;
• restricting the lowest-level courses (A levels and equivalent) to only the most trusted institutions;
• halving the amount of time a student studying below first degree level or on a foundation degree course will be able to work, to just 10 hours during term time;
• a ban on bringing in dependants for anyone studying a course for less than six months; and
• a ban on dependants of anyone studying a course lower than foundation or undergraduate degree level from working - they will face removal from the UK if found doing so.

Alan Johnson said:

 

 

'The points-based system was introduced to provide a rigorous system to manage legitimate access to the UK to work and study, with the ability to respond to changing circumstances.

 

 

'We want foreign students to come here to study, not to work illegally, and today we have set out necessary steps which will maintain the robustness of the system we introduced last year. I make no apologies for that.' 

 

 

 

In addition, the new measures will include:  

 

 

• a ban on foreign students studying below degree level if the course includes a work placement - unless that course is being provided by a university, college or training provider which has the status of 'highly trusted sponsor';
• a requirement for students to demonstrate their English language ability by passing an approved secure test - this will apply to all students studying below (foundation) degree level, including those coming to study English language; and
• the introduction of tougher criteria for defining which course providers count as 'highly trusted sponsors' of foreign students. The Home Office expects that all publicly funded universities and colleges will count as highly trusted, and the Home Office will ensure that there is a rapid but rigorous system for ensuring that private training colleges can also gain that status as soon as possible.

UK universities and colleges offer an excellent education, and the government recognises the essential contribution that genuine international students bring - economically, academically and socially - to the country as a whole, as well as to the universities and colleges in which they study. However, these steps are part of the government's commitment to crack down on potential abuse of the system. 

 

 

These changes are part of a radical overhaul of the student system which began last year. Since March 2009, the government has required all foreign students to be sponsored by a college licensed by the UK Border Agency, and to demonstrate that they can support themselves once they get here before being granted a visa. Also since March, any college or university wanting to bring in international students must be accredited and licensed. This has reduced the number of institutions able to bring students to the UK from over 4,000 to approximately 2,000. 

 

 

The new requirements for foreign students follow a review of Tier 4 of the points-based system, announced by the Prime Minister in November 2009. The review team were asked to look at whether the current Tier 4 arrangements strike the right balance between facilitating access of genuine students and preventing abuse by economic migrants.

 

 

The Home Secretary's written ministerial statement about the student changes can be downloaded by clicking on written ministerial statement - Tier 4 student visas.

 

 

Suspension of Tier 4 Student Visa applications from North India, Nepal and Bangladesh (updated: 01.02.2010) 

 

 

The UK Border Agency has announced that, from 1 February 2010, it is not accepting any new applications under the Tier 4 student route of the points-based system at the following visa application centres: 

 

 

• North India - New Delhi, Jalandhar and Chandigarh
• Bangladesh - Dhaka, Sylhet and Chittagong
• Nepal - Kathmandu

 

 

 

Changes to student applications from 22 Feb 2010 (updated: 25.01.2010)  

 

 

From 22 February 2010, any student who applies by post or at one of our public enquiry offices, to study in the UK under Tier 4 of the points-based system must possess a confirmation of acceptance for studies (CAS) from their prospective sponsor.

You will not be able to apply under Tier 4 using a visa letter from that date, even if the visa letter was issued before 22 February 2010.  

 

 

 

Until 21 February 2010, you can continue to apply under Tier 4 using a visa letter, even if your course of study will start after 22 February 2010.  

 

 

Changes to the child visitor rules (updated: 23.12.09)

The UK Border Agency has announced details of changes to the rules on foreign students under the age of 18 who come to the UK on exchanges and educational visits.  

 

 

From 1 January 2010, students from countries outside the European Economic Area will be able to apply to enter the UK for up to six months on an exchange or educational visit to a state-maintained school, a non-maintained special school, an independent fee-paying school or an independent non fee-paying school. They will not require entry clearance, unless they are nationals of countries who require a visa to enter the UK.  

 

 

If you apply for entry clearance (or, in the case of non-visa nationals, permission to enter) at a port in the UK under the new provision, you will need to satisfy the entry clearance or immigration officer that:  

 

 

• you are under 18;
• you intend to leave the UK on completion of the exchange or educational visit, which must not last for more than six months;
• a school as described in paragraph 46A (viii) of the Immigration Rules has approved the exchange scheme or educational visit - you should produce, for example, a letter from the school or the organisation arranging the exchange;
• suitable travel, reception and care arrangements are in place for your stay here, and there are sufficient funds for your support;
• the care arrangements that are in place for you comply with relevant UK care requirements;
• the care arrangements also meet the requirements described in paragraph 46A (iv) of the Immigration Rules if you are under 16 (or under 18 if you are disabled) and will be cared for full-time for more than 28 days by adults who are not your parents or close relatives;
• you have a parent or guardian in your home country who is responsible for your care and who confirms that they consent to the visit and to any foster care arrangement - you should provide, for example, a letter from them confirming this; and
• you are not intending to study at an educational institution that holds a Tier 4 sponsor licence or accreditation from an accreditation body approved by the UK Border Agency, or that is inspected by a public review body (Ofsted, Her Majesty's Inspectorate of Education, Estyn, Northern Ireland's Education and Training Inspectorate, or the Independent Schools Inspectorate).

Changes to Tier 1, Tier 2 and Tier 5 applications (Updated: 05.10.09)

On 1 October 2009 new versions of the guidance notes for Tier 1, Tier 2 and Tier 5 (Youth Mobility) and Tier 5 (Temporary Worker) applications were published by the Home Office.  

 

 

Click here to find a summary of the main changes made to the guidance notes.

  

 

Tough New Points System for British Citizenship (Updated: 03.08.09)

The Home Office has revealed plans requiring would-be citizens to earn enough points for permanent stay and citizenship.

 

 

The new points based test will award migrants points for building up different attributes and skills. Proposals being launched in the new consultation would see people rewarded for economic contributions, skills and English language proficiency above the level already expected. Points could be removed and citizenship withheld or delayed for those breaking the law or committing anti-social behaviour.

 

 

As part of this new 12 week consultation, the Government will work closely with local authorities to ensure any voluntary or community work being undertaken by applicants is checked and verified.

 

 

Under the current system those wanting citizenship have to pass a Life in the UK test to demonstrate both their knowledge of the country and their ability to speak English. The Government is proposing tightening this even further with a new two-stage system. This will focus on practical information about life in the United Kingdom at probationary citizenship stage, and then a further test at the final stage with more challenging topics including history and politics.

 

 

The Government will also seek views on how the positive impacts of migration for developing countries - for example in terms of remittances and increased skills - can be maximised, and the negative impacts such as the brain drain can be reduced.

 

 

The Home Office consultation document seeks views on:

 

 

• introducing a new points test for earned citizenship, to better manage the numbers allowed to settle permanently in the United Kingdom;
• delivering the earned citizenship system in partnership with local authorities;
• supporting those who are on the path to citizenship to integrate into their new communities; and
• managing the impacts of migration on the developing world.

HSMP Form Ltd. Judicial Review (settlement): Home Office Policy document (updated: 20.05.09)

After judgement of 6 April 2009 following Judicial Review brought by the HSMP Forum Ltd. the Home Office has now published the policy document for settlement applications by those who were issued with HSMP approval letter as a result of application made by a person before 3 April 2006. Please click here for full access to policy document as published by the Home Office on their website. please note that we provide same day service (premium service) to those applying for ILR on the basis of four years of HSMP leave.

 

 

Changes in immigration law from 31.03.2009

Important note: the changes as mentioned below will not be applicable to the applications received by the Home Office on or before 30 March 2009.

 

 

Changes in immigration law relating to Tier 1 (PSW)

From 31 March 2009, the only Post Graduate Diploma or Certificate that will be accepted by the Home Office for Tier 1 (Post-Study Work) purposes will be “Post Graduate Certificate in Education”. Applicants under the Tier 1 (Post-Study Work) route will receive no points for post graduate certificates and diplomas other than UK Postgraduate Certificates in Education.

 

 

Changes in immigration law relating to Tier 1 (General)

From 31 March 2009, Migrants applying for their first period of leave under Tier 1 (General) will receive no points for Bachelors degrees or for previous earnings of less than £20,000. This change will not affect migrants who already have leave under Tier 1 and are seeking an extension of that leave.

 

 

Changes in immigration law relating to Tier 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

• In Tier 2 applications, A-rated sponsors can give an undertaking outside the immigration rules in respect of maintenance for sponsored migrants and their dependants. Sponsored migrants and their dependants with a B-rated sponsor will need to meet the full Tier 2 maintenance requirements.  

   

   

• Tier 2 (General) Migrants will be able to switch into Tier 4 (General) Student category.  

• The Home Office will allow overseas qualified nurses and midwives to switch from the government authorized exchange subcategory of Tier 5 (Temporary Worker) into Tier 2 (General) on completion of their registration with the Nursing and Midwifery Council where they meet all of the relevant Tier 2 tests, including the Resident Labour Market Test if applicable.

   

   

   

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  The Home Office is amending the provisions relating to the validity of a Certificate of Sponsorship so that a Certificate of Sponsorship cannot be assigned more than six months ahead of the start date of the employment. 

   

   

• The Home Office is amending the requirement that a person seeking leave in the Tier 2 (Intra-Company Transfer) so that the requirement that the worker must have been employed overseas for six 6 months prior to the date of application does not apply where worker was employed in the UK during that period as an intra-company transferee.  

   

   

• The Home Office is amending the immigration rules relating to curtailment of stay so that stay may be curtailed where a Tier 2 Migrant fails to commence the employment for which they have been granted leave.

   

   

   

   

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  The Home Office will also allow footballers who come to the UK in the creative and sporting subcategory of Tier 5 (Temporary Worker) to switch into Tier 2 (Sportsperson) category of the Points Based System where they meet all the relevant Tier 2 tests.

   

   

Points Based System for Students (Tier 4)

•  

  Tier 4 of the Point Based System (new rules for child and adult students from outside the EEA) is going to be effective from 31 March 2009.  

   

   

•  All migrants under Tier 4 will be required to have a visa letter issued by an education provider that is a licensed sponsor.

   

   

• Tier 4 consists of two subcategories i.e. Teri 4 (General) Student – for migrants aged 16 or over who wish to study in the UK; and Tier 4 (Child) Student – for children aged between 4 and 17 years old (inclusive) who wish to be educated in the UK.  

   

   

• Tier 4 migrants will need to obtain 30 points for having a valid visa letter from a licensed sponsor. Migrants will also need to obtain 10 points to satisfy the maintenance requirement. Tier 4 (General) Students will be able to be accompanied by their dependants (spouse/partner and children under 18) and £533.00 will need to be available to support each dependant who will be joining the migrant in the UK.

   

   

   

   

Changes in immigration law relating to Tier 5 (Temporary Worker)

•  Tier 5 Migrants working in the UK as private servants in diplomatic households who have been working in the UK under the international agreement subcategory of Tier 5 for continuous 5 years will be eligible to apply for settlement.  

• For Tier 5 migrants, Certificate of Sponsorship cannot be assigned more than 6 months ahead of the start date of the employment

   

   

   

Sectors Based Scheme deleted

Sectors Based Scheme has been deleted as of 31 March 2009.

 

 

Transitional Arrangements for ILR application for those unable to meet the requirement of Knowledge of English language and Life in the UK deleted

From 31 March 2009 a person who is unable to satisfy the requirement to demonstrate knowledge of language and life in the UK will be granted further leave only if they specifically apply for further leave instead of ILR. Applications for ILR that do not meet the requirement to demonstrate knowledge of language and life in the UK will be refused.

 

 

Proposed Changes in British Citizenship Law (updated: 31.012009)

The three stages to citizenship:

 

 

1. Highly skilled and skilled workers and their dependants

    

    

    

2. Family members of British citizens and permanent residents

    

    

    

3. Those in need of protection (such as refugees and those under humanitarian protection)

Proposed three stages of citizenship:

1. Temporary residence

    

    

    

2. Probationary Citizenship

    

    

    

3. Permanent residence/ British citizenship

Requirements

•  

  English Language Requirement for persons seeking to apply for probationary citizenship. This denotes an improved command of the English language. Fluency in English language will not only increase the chances of an immigrant applicant’s employment but will be a factor affecting the integration of a migrant in the UK.

   

   

   

 

 Bereaved spouses/ civil partners will be exempt from this requirement although at the time of applying for citizenship; they will be required to fulfil it either by way of ESOL or by taking Life in the UK Test.

 

 

 

• Paying Tax and becoming self sufficient so that in each stage any person can demonstrate that they are contributing to the society or their relationship to a British Citizen. Applicants must demonstrate their contribution to the economy by paying taxes and showing self sufficiency. Dependants of British citizens and permanent citizens must show that they have sufficient funds and that they are in a genuine subsisting relationship.

•  Obeying the law- access to probationary citizenship will be denied if the applicant has been to prison, in which case he is also liable to be removed. Applications for persons who have committed minor offences will be slowed down or delayed.

   

   

   

• Integrating in the British way of life by showing that the person in actively involved in the community here. Applicants must show that they have an active interest in the wider community.

   

   

   

 

 

Once citizenship is obtained, a person ceases to be a migrant and can become fully integrated into our society, with equal rights - including full voting rights, the ability to apply for a British passport and eligibility for consular services when abroad and responsibilities alongside all British citizens.

For restrictions on holding more than one nationality according to the law of the country of their origin, there is a provision to become a permanent resident, as an alternative to British citizenship. However, the duration of probationary citizenship will be longer in this case.

 

 

The Gateway Protection Programme:

At present, Gateway refugees are granted settlement on arrival in the UK with no requirement for an active review. It is intended that refugees arriving under the Gateway programme should not be subject to an active review and should move directly to permanent residence on arrival in the UK, recognising the fact that their status as refugees has already been established before their arrival in the UK.

 

 

Three Categories who should retain a direct route to permanent residence (without probationary citizenship):

 

 

1. Those discharged from HM Forces who have completed 4 years service

    

    

    

2.  

   Victims of Domestic Violence who were admitted as a partner of British Citizen or permanent resident (on compassionate grounds)

    

    

    

3.  

   Bereaved partners who were admitted as a partner of a British Citizen or permanent resident and the sponsor died during the two year probationary period (on compassionate grounds)

    

    

    

PROBATIONARY CITIZENSHIP:

Who will be eligible?

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  Those who have applied under the Tier 1 and 2 of the Points Based System will be eligible for probationary citizenship once they have demonstrated they have contributed to the economy by paying taxes.

   

   

   

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  Students in tier 4 of the Points Based System will be eligible for probationary citizenship after they have applied for highly skilled migrant programme in their own right.

   

   

   

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  Refugees and those granted Humanitarian Protection will be eligible for probationary citizenship after 5 years, although the will need to show that they are still in need of protection. If they are unable to do so, they will be required to leave the country.

   

   

   

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  Family members of British Citizens or permanent residents will be eligible for probationary citizenship after two years, provided they can prove that they can support themselves or be supported by their sponsor and that their relationship is still subsisting.

Reason and Duration of Probationary Citizenship:

Probationary citizenship is intended to be introduced to incentivise migrants to become British Citizens and fully integrate in the society.

 

 

 

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  Migrants applying for British Citizenship will be able to do so after 1 year on probationary relationship.

   

   

   

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  Migrants who wish to become permanent residents, either by choice or because they are unable to become British Citizens, would spend a minimum of three years as probationary citizens.

   

   

   

• Dependants of the main applicant will have to demonstrate all the required criteria for probationary citizenship or citizenship or permanent residence in their own right.

Notes:

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  Foreign Nationals with criminal convictions against them will normally not be allowed to become British Citizen

   

   

   

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  Foreign Nationals with prison sentences with 30 months or more will normally never be entitled to become British Citizens.

   

   

   

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  Migrants with offences falling under deportation criteria will never be allowed to progress to probationary citizenship and will be removed from the UK.

   

   

   

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  Temporary migrants who have been to prison would be subject to removal at the end of their leave unless there are issues of breach of obligations under ECHR. In such cases, the period of probationary citizenship will be increased to 5 years for persons concerned.

   

   

   

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  Migrants who have criminal convictions that do not attract deportation will have to serve an extra year of probationary citizenship.

   

   

   

Seven Year Child Concession withdrawn (updated: 11 December 2008)

The Minister for Borders and Immigration (Mr. Phil Woolas): The United Kingdom Border Agency is withdrawing DP5/96, a concession which has also been referred to as the seven year child concession, as of 9 December 2008. The concession set out the criteria to be applied when considering whether enforcement action should proceed or be initiated against parents of a child who was born here and has lived continuously to the age of seven or over, or where, having come to the UK at an early age, they have accumulated seven years or more continuous residence. The original purpose and need for the concession has been overtaken by the Human Rights Act and changes to immigration rules. The fact that a child has spent a significant period of their life in the United Kingdom will continue to be an important relevant factor to be taken into account by case workers when evaluating whether removal of their parents is appropriate. Any decision to remove a family from the UK will continue to be made in accordance with our obligations under the European Convention on Human Rights (ECHR) and the Immigration Rules.

 

 

 

 

The withdrawal of DP5/96 and replacing it with consideration under the Immigration Rules and article 8 of the ECHR will ensure a fairer, more consistent approach to all cases involving children, whether accompanied or unaccompanied, across UKBA. Withdrawing the policy will also prevent those overstaying or unlawfully present in the UK having the benefit of a concession which does not apply to those persons who comply with the Immigration Rules and remain in the UK lawfully.

Good News for Zimbabwean Asylum Seekers

A panel of the Immigration Judges at the Asylum and Immigration Tribunal (AIT) has decided in case of RN (Returnees) Zimbabwe CG [2008] UKAIT 00083 that it is no longer required to be a member of, or show involvement in, the MDC to show a real risk upon return. Anyone who cannot show loyalty or support to the Zanu-PF regime will be at risk particularly when combined with a long period of stay in the United Kingdom. The decison confirms that the new power sharing agreement has not made life better for those on the ground, particularly those from anti- Mugabe districts that showed strong MDC support in recent elections.

 

 

The decision creates a much wider class of indviduals who are at risk and therefore provides considerable oppourtunity for those who are facing appeals in the future, in the appeals system currently and for those whose appeal rights have been exhausted but have findings of fact in place that may justify a fresh claim. Further, dependant on likely country conditions for those being returned, an Article 3 violation could well occur based on deprevation of shelter and medical care.

 

 

The Immigration Experts at Sunrise Solicitors have taken an active interest in Zimbabwean cases and are ideally placed to advise Zimbabweans on the likely consequences of this new decision.

 

 

In particular our Immigration Experts can advise on a case by case basis on the following:

 

 

1. Fresh Claims under paragraph 353 of the Immigration Rules, as we believe that there are likely to be many cases that may need to be looked at again in light of this development.

2.We can legally represent in cases pending in the appeal system.Iit is understood that both the Court of Appeal and AIT have many cases in their system which were not being decided until the outcome of this appeal.

3.We can also provide legal assistance to those who are going to claim asylum in the UK. We can make representations in light of the findings of the AIT in this appeal.

 

 

Changes in Immigration Laws from 27 November 2008

Following changes are taking place in the UK Immigration Laws from 27 November 2008:

 

 

•  

  The age at which someone can apply for a marriage visa will increase from 18 to 21. From 27 November 2008 both parties in a marriage will have to be 21 before a marriage visa can be issued. Any British citizen applying to 'sponsor' someone to come to the UK as their spouse will have to declare their intention before they leave the UK and marry abroad. This will mean that a young person will know in advance that a marriage will take place overseas and who their prospective partner will be.

   

   

   

• Tier 2 and Tier 5 of the Point Based System becomes operational from 27 November 2008.

   

   

   

• The retired persons of independent means route will be closed from 27 November 2008.

   

   

   

•  

  The Home Office has introduced new Business and Special Visitor route. From 27 November if you wish to come to the United Kingdom for a short time to conduct business or to take part in sporting or creative events you will need to come as a business, sports or entertainer visitor. If you are seeking entry as a child visitor, student visitor, parent of a child at school, marriage visitor, prospective student, visitor in transit or a visitor for private medical treatment, you will still need to apply in that category. This group of categories are collectively known as special visitors.

   

   

   

Non-EEA Family Members of EEA Nationals living Illegally in the United Kingdom

As a result of recent decisions by the European Court of Justice in case of Metock and by the Asylum and Immigration Tribunal in HB (EEA right to reside - Metock) Algeria [2008] UKAIT 00069 the Non-EEA Family Members of EEA nationals are now entitled to issue of Residence Card regardless of the fact that they are living illegally or unlawfully in the United Kingdom.

 

 

This means that Non-EEA family Members of EEA nationals can now apply for residence card for their lawful residence in the United Kingdom on the basis of their relationship with the EEA national even if they are living in the United Kingdom illegally.

 

 

Identity Cards for Foreign Nationals

The implementation of the National Identity Scheme moves a step closer with the launch of
Identity Cards for Foreign Nationals in November 2008.

 

 

The purpose of the Government’s National Identity Scheme (NIS) is to gives people the ability to prove who they are in a secure and convenient way, protecting themselves and their families against identity fraud, crime, illegal immigration, illegal working and terrorism.The Identity Card for Foreign Nationals is the first part of the NIS and will be rolled out on an incremental basis over the next three years to all foreign nationals.

 

 

From 25th November 2008, the UK Border Agency (UKBA) will start issuing compulsory identity cards to foreign nationals who apply for further leave to remain in the UK within certain categories (student and marriages/civil partnerships). From November 2008, fingerprints and facial images will be captured at six centres around the UK as part of the process of making a decision about an individual’s right to be in the country.

 

 

The Identity Card will provide evidence of the holder’s nationality, identity and status in the UK. It will provide information that will help public agencies; employers and educational establishments more easily understand the migrant’s entitlements. It will also be an additional simple form of confirming identity and right to work and access public services for individuals who have entered the UK.

 

 

According to the Home Office, taking an image of a person’s face and fingerprints and then locking them to that person’s details on a national register, provides a very safe and secure way of identifying that person and helps to combat illegal working and reduce illegal immigration to the UK. The card will provide a convenient, extremely secure and widely accepted way for any foreign national to prove their immigration status.

 

 

Employers will check the card visually. The applicants' entitlement to work, study or access public funds will be captured in the “remarks” section of the card. UKBA will have an Employers Verification Service (telephone) which can be used by organisations if there is concern over the validity of the card.

 

 

When a foreign national, who has already been granted further leave to remain and is issued with an identity card, returns to the UK, they will be required to show their Identity Card at the border (together with their national passport) to confirm their immigration status. Checks at the border will include visual checks of the card, use of card readers and increasingly further biometric checks.

 

 

Who will be issued the card from November 2008?

 

 

From 25 November 2008, the issuing of identity cards will apply initially to non-EEA nationals who are granted further leave to remain under the student and marriage/civil partnership categories. Other applicants will still receive a vignette in their passport, resulting in both systems running in parallel in the first few years of the programme. By 2014/15 90 per cent of foreign nationals will have an identity card. Following the issuing of Identity Cards to foreign nationals, the National Identity Scheme rollout will continue with Identity Cards for workers in sensitive roles and locations like airports next year. In 2010 voluntary Identity Cards will be offered to young people and in 2011/12, voluntary identity cards will be offered to large numbers of the British public.

Judicial Review – Home office Policy for Highly Skilled Migrants

On 28 April 2008 the High Court decided that the Home Office was wrong to apply the new Point Based System (PBS) introduced on 5 December 2006 to HSMP extension applications of those who were issued with the HSMP approval letters in accordance with HSMP Rules in force before 7 November 2006.

 

 

As a result of the judgement in Judicial Review, following are the categories of those who can apply for thier extension of stay in the UK under the old HSMP:

 

 

• Those who applied for extension and got refused but did not go back (“overstayers”).

   

   

   

• Those who applied for extension and got refused and later switched to some other immigration category.

   

   

   

• Those who applied for extension, got refused and left the UK.

   

   

   

• Those who applied for extension, got refused and their case is still pending in appeals or Judicial review.

   

   

   

• Those who did not apply for extension and switched to some other immigration category.

   

   

   

• Those who did not apply for extension and went back and returned on a different immigration category.

   

   

   

• Those who did not apply for extension and went back and are still there.

   

   

   

If you fall under one of the categories listed above, you must apply for your leave to enter or remain in the UK before 31 July 2009 in order to benefit from the effects of the Judicial Review Judgement.