Wednesday 29 June 2011

UK Immigration Update

Immigration Update

UK immigration changes which took effect in April 2011 have altered the process for employers looking to sponsor migrants on Tier 2 visas.

The limit of Tier 2 applications is now set on a monthly basis. In order for a UK employer to issue a Certificate of Sponsorship for a new position, an application first needs to be made to the UK Border Agency, once the employer has identified the individual they wish to sponsor.

The UK Border Agency has a set quota of applications it can approve each month. Where the total number of applications in a month exceeds the monthly quota, the UK Border Agency ranks them according to a basic points test on salary and qualifications etc..

Once the employer is given permission to sponsor the migrant, then a Certificate of Sponsorship is issued and the migrant applies for a Tier 2 visa in the normal manner.

There are exceptions to the monthly quota – those being sponsored through Intra Company Transfers, migrants already working in the UK etc...

So far, in April, May and June 2011 the total number of Certificates approved by the UK Border Agency has been less than the monthly quota. So, this route is a viable one, once the employer is prepared to take this extra step.

These changes do not affect migrants looking to work in the UK on Ancestry visas or Youth Mobility Scheme visas (for citizens of Australia, Canada, Japan and New Zealand).

For advice on UK immigration, please visit our website

www.commonwealthimmigration.com

Thursday 23 June 2011

New versions of EEA application forms

The UK Border Agency has revised the application forms for EEA applications.

These forms should be used by EEA and Swiss nationals who are exercising treaty rights in the UK and their family members who wish to apply for a document to confirm their right of residence in the UK. The forms now include additional details on the evidence required to demonstrate comprehensive sickness insurance.

The revised forms (version 06/2011) should be used for all applications made on or after 20 June 2011.

We have extensive experience in EEA applications, please visit our dedicated EEA webpage and obtain your free EEA guide;

http://www.commonwealthimmigration.com/UK-visas-permit-EEA-nationals-families.html

Friday 17 June 2011

UK settlement changes ?

A major new consultation has been launched by the Immigration Minister, the subject of which makes disturbing reading for many migrants in the UK.

The main proposal is to break the link between temporary migration and permanent migration (i.e. settlement). Migrants in the UK on a work permit or Tier 2 visa can currently apply for UK settlement after 5 years. The government proposes that this shall be removed and that it shall allow only the “brightest and best workers to stay permanently”.

This would involve re-categorising work permits and Tier 2 visas as “temporary” visas. The proposals also suggest that high earners or those in shortage occupations would be able to retain a right to settlement.

This would involve a system where some Tier 2 visa holders could stay and others would not be able to do so. Tier 2 visa holders that do not have a right to settlement would only be allowed to stay for a maximum period of 5 years.

It is important to remember that these proposals are only part of a consultation at this stage. It is also likely that the government would not be able to introduce these changes to migrants who have already been in the UK accruing time towards settlement on a work permit / Tier 2 visa.

Nonetheless, the proposals are very specific and do reflect current government thinking – breaking the link between “temporary” and “permanent” migration was a key Conservative policy pledge in the last General Election. As we have seen since the General Election, Liberal Democrat influence on government immigration policy is minimal.

The consultation closes on 9 September 2011. We will of course keep you informed on any changes through our newsletter.

UK info page;

http://www.commonwealthimmigration.com/united_kingdom_uk.htm

Wednesday 15 June 2011

AUSTRALIA - THE NEW POINTS SYSTEM HAS ARRIVED !

Recently, major new changes to the Australian points system have been introduced and will be effective on 1st July 2011. The changes DO NOT affect those who have already applied.

These changes introduce a new method of calculating points, a new Pass Mark and other different criteria.

Perhaps the biggest change is that the previous system of awarding points according to your occupation (i.e. 60, 50 or 40 points) has now been removed. Now, all occupations on the Skilled Occupation List are on an equal footing with no points awarded for occupation. However, as a basic entry requirement - an applicant must have a skills assessment and relevant experience in an occupation on the list.

The points for age have been changed with different age brackets introduced. The upper age threshold has now been increased from 45 to 50 years.

More points are available for English language with a distinction between “Proficient” and “Superior” English language ability.

For the first time - points are awarded for qualifications – such as a degree, diploma or trade qualifications.

Work experience points are now more important than under the previous system. Points are awarded for Australian and overseas work experience of up to 8 years.

Points are still awarded for state sponsorship, partner skills, Australian study etc...

A new Pass Mark has been set at 65 points – but obviously no direct comparison can be made with the old Pass Mark of 120 points, as the new points system is completely different.

These changes reflect the most radical development in skilled migration to Australia for many years. The new system will obviously produce winners and losers.

It will be vital to undertake a proper eligibility assessment for each applicant. If you are interested in moving to Australia, then please complete the Online Assessment form on our website so we can see if you qualify on the new system.

http://www.commonwealthimmigration.com/assesment_form.html

Friday 3 June 2011

Appeals process has changed

Starting on Monday 23 May, tribunals will not consider evidence submitted after an application has been made, in appeals relating to applications made in the UK under the points-based system.

UK Border Agency statistics show that around two-thirds of appeals allowed by immigration judges are due to late evidence being submitted.

According to the Immigration Minister, the rules change is designed to end unnecessary appeals and help make sure that applications are right first time. It will apply to all applications made within the UK through the points-based system.

Personally, I think this may not be a bad thing - applicants really should ensure that a proper application is submitted first time around. If the UKBA then make an error this can still be challenged. Introducing new evidence at appeal stage, always felt a little wrong in my view.

If you need assistance to move to the UK then click on our website;

http://www.commonwealthimmigration.com/united_kingdom_uk.htm