Thursday 25 November 2010

Northern Territory Migration

The Northern Territory of Australia has become the latest state / territory to launch its approved State Migration Plan.

For details of the process and the full list of occupations on their list, please see;

http://www.migration.nt.gov.au/documents/SMP_Shortage_List_FA.pdf

For information on moving to Australia, please see;

http://www.commonwealthimmigration.com/visas_countries.html#Australia

Tuesday 23 November 2010

UK Immigration Cap announced

This afternoon, the UK Home Secretary announced that the annual limit on non EU workers will be set at 21,700. This will apply from April 2011.

This figure represents a drop of 6,300 from the figure for 2009.

As we previously outlined, this will apply to Tier 1 (highly skilled workers) and Tier 2 (skilled workers).

However, the government has been forced into a climbdown on intra company transfers. The immigration cap excludes employees transferred by their companies from another country - in future they will be allowed to stay for up to five years if their salary exceeds £40,000.

Nothwithstanding this, the imposition of a cap is a very important development. Employees and employers need to plan ahead to make sure they apply in plenty of time.

The cap will probably see new rules issued around the Tier 1 and Tier 2 categories to keep the numbers within the limits.

For advice on moving to the UK, see our website;

http://www.commonwealthimmigration.com/immigration-consultants-uk.htm

Sunday 21 November 2010

Migration Advisory Committee report

The Migration Advisory Committee (MAC) has published its report into an annual limit on immigration through Tiers 1 and 2 of the points-based system.

The report recommends that the number of migrant workers coming to Britain from outside the EU should be cut by between 13% and 25% next year.

This is, of course, with the aim of reducing net migration to "tens of thousands" by the end of the term of this Parliament. But interestingly, the MAC warns that cutting the numbers of migrant workers, will only contribute 20% to the government's target of reducing UK immigration to "tens of thousands".

The other 80% cut would have come from student and family migration. This is where things could be very difficult - as capping family migration, in particular, is legally difficult due to Human Rights law.

The committee's advice will help ministers in setting the cap, which will come into effect next April.

We'll keep you informed once we hear more on the government's plans.

For more information on applying for UK work visas, please see our website;

http://www.commonwealthimmigration.com/immigration-consultants-uk.htm

Thursday 18 November 2010

Commonwealth Immigration Newsletter, Nov 2010

AUSTRALIA – NEW POINTS SYSTEM

The new Immigration Minister, Chris Bowen has released details of the new points system for Skilled Migration, which is due to take effect in July 2011.

The proposed new system is very different from the current system with a new points scale and different criteria. The new system will no longer see occupations given a different points score. Instead experience in an occupation on the Skilled Occupations List will be one of the general entry requirements.

One positive change is that the upper age limit will be increased from 45 to 50 years.

Changes are also being proposed in other factors such as the points awarded for English language, qualifications, state sponsorship and family sponsorship.

The new system still has to be approved by Parliament and given the slim majority that the current government has, this may see more changes to ensure it is approved.

It is important to remember that the new system will NOT apply to applications that have already been lodged or that will be lodged before July 2011.

However, this is a major change in Australian immigration. The new system will inevitably leave some applicants ineligible, so if you are interested in moving to Australia it would be advisable to look at applying now before it’s too late.

To be assessed for migration to Australia, please complete the Online Assessment Form on our website;

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

AUSTRALIA – STATE MIGRATION PLANS

After a long wait, we are now finally seeing some State Migration Plans being approved by the Immigration Minister. These State Migration Plans (SMPs) allow State governments in Australia to select migrants with the desired skills required by that State.

At the time of writing, SMPs for Victoria and the Australian Capital Territory have been launched.

South Australia has also started to accept applications, although its SMP has yet to be given final approval.

We expect SMPs for all States to be approved and open for applications soon.
Each State will assess applications for State sponsorship using different criteria.
Most importantly, each State will publish a unique list of occupations in demand in that State.

Applicants intending to apply for residency through State sponsorship need specialist advice in making an application and demonstrating their suitability to that State.

Australia info page;

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

UK – CITIZENSHIP ANNOUNCEMENT AND TIER 1 PROCESSING

The current UK government have announced that the previous Labour government’s proposal of “earned citizenship” is to be dropped.

This idea would have seen many applicants having to wait longer before being eligible to apply for citizenship. It also contained proposals that applicants would have to undertake voluntary work to apply for citizenship and introduced a concept of “probationary citizenship”.

This announcement will come as a relief to many applicants who have been waiting to see if their pathway to citizenship would become more difficult.

Meanwhile we await with interest the government’s proposals on the immigration cap or quota. The Migration Advisory Committee is due to report soon to the government on the level for 2011/12 of the annual limits on economic migration to the UK under Tier 1 and Tier 2 of the points-based system.

Already the number of overseas applicants for Tier 1 (General) visas is starting to impact on processing times. We advise anyone interested in applying for a Tier 1 (General) visa to look at starting this process as soon as possible, before the new immigration cap is launched in April.

For advice on applying for UK visas or citizenship, then please visit our website;

http://www.commonwealthimmigration.com/immigration-advice-uk.htm
CANADA – 2011 IMMIGRATION PLAN ANNOUNCED

The Canadian government have announced details of their immigration plan for 2011.

This will see between 240,000 and 265,000 new immigrants arrive in Canada next year, with 65% of those through the economic stream. This is good news for migrants at a time when other countries (most notably the UK) are seeking to cap or restrict numbers.

There will also be an increase in places in the immigration programme for spouses and children of citizens and permanent residents.

If you are interested in moving to Canada, then please contact us through our website;

http://www.commonwealthimmigration.com/immigration-consultants-canada.htm

Wednesday 17 November 2010

Canada restarts Immigrant Investor category

Starting from December 1st 2010, Canada will once again accept applications under the Federal Immigrant Investor Program.

Under the new criteria, investor applicants will need to have a personal net worth of $1.6 million, up from $800,000 under the old criteria, and make an investment of $800,000, up from the previous requirement of $400,000.

These are significant amounts but it does provide the quickest route to full Canadian permanent residence.

For more information on moving to Canada as an Investor, please see our website;

http://www.commonwealthimmigration.com/immigration-advice-canada.htm

Sunday 14 November 2010

UK "earned" citizenship announcement

The current UK government have announced that the previous government’s proposal of “earned citizenship” is to be dropped.

Many of you may recall that this idea would see many applicants having to wait longer before being eligible to apply for citizenship. It also contained proposals that applicants would have to undertake voluntary work to apply for citizenship and introduced a concept of “probationary citizenship”.

This announcement will come as a relief to many applicants who have been waiting to see if their pathway to citizenship would become more difficult.

Meanwhile we await with interest the government’s proposals on the immigration cap or quota.

For more information, please see;

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/nov/15-settlement-reforms

For advice on applying for UK visas or citizenship, then please visit our website;

http://www.commonwealthimmigration.com/immigration-advice-uk.htm

Thursday 11 November 2010

Canada - 2011 immigration plan announced

The Canadian government have announced details of their immigration plan for 2011.

This will see between 240,000 and 265,000 new immigrants arrive in Canada next year, with 65% of those through the economic stream. This is good news for migrants at a time when other countries (most notably the UK) are seeking to cap or restrict numbers.

There will also be an increase in places in the immigration programme for spouses and children of citizens and permanent residents.

For further information, please see;


http://www.cic.gc.ca/english/department/media/releases/2010/2010-11-01a.asp

If you are interested in moving to Canada, then please contact us through our website;

http://www.commonwealthimmigration.com/immigration-consultants-canada.htm

Monday 8 November 2010

State Migration Plans are being launched

The State Migration Plans for Victoria and the Australian Capital Territory have now received Ministerial approval and have been launched.

We hope that all other states will soon be able to launch their State Migration Plans. This route is vital for many applicants.

The Department of Immigration have also confirmed that state sponsored migrants will continue to recive a high processing priority.

For more information on moving to Australia, especially through a State Migration Plan, please contact us through our website;

http://www.commonwealthimmigration.com/immigration-consultants-australia.htm

Wednesday 3 November 2010

UK Border Agency starts issuing Tier 1 General visas again

After the implementation of the monthly quota on 21st October, the UK Border Agency has started to issue Tier 1 General visas again.

This restarted on November 1st. Incidentally, October was the first month that saw the monthly quota implemented.

It will be interesting to see if this leads to a knock on effect - i.e. November's quota being used up quicker.

On a different note, on 18 November 2010 the Migration Advisory Committe (MAC) will publish its report to the government on the level for 2011/12 of the annual limits on economic migration to the UK under Tier 1 and Tier 2 of the points-based system.

This will make interesting reading and will likely prove to be a defining moment in the implememtation of the current government's immigration strategy.

For more information on applying for a UK visa, then see our website;

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

Monday 1 November 2010

EUROPEAN ECONOMIC NATIONALS (EEA) AND FAMILY MEMBERS

EUROPEAN ECONOMIC NATIONALS (EEA) AND FAMILY MEMBERS

We have many years experience in handling applications for UK visas and permits on behalf of EEA nationals and their families (especially non EEA family members).
We submit applications in the UK and at British Embassies and High Commissions all over the world.

This includes applications for EEA Family Permits, EEA Residence Cards, EEA permanent residence and EEA registration certificates.

We have particular experience with many complex situations in such applications.

These include;

• Demonstrating that the EEA national is a 'qualified person ' - a jobseeker, a worker, a self-employed person, a self-sufficient person or a student.
• Including unmarried partners or same sex partners on an EEA Family Permit.
• Changing to EEA family status while in the UK on a different visa.
• Proving sufficient funds are in place to support the relocation.
• Applications to show a genuine marriage exists
• Requesting return of passports for travel.
• Obtaining permanent residence and then British citizenship for EEA nationals and their family members.

It is important to remember that the UK government can be very strict in reviewing EEA applications, as these are under European Union rules and not derived from UK law. Many applicants are refused for poor quality documents or for incomplete applications. Many applications are refused because they have not demonstrated that the marriage or relationship is genuine.

The EEA (European Economic Area) consists of the EU (European Union) and 3 other countries. The following countries are members of the EEA (European Economic Area);
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Irish Republic, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

Although Switzerland is not a member of the EEA, Swiss citizens and their families are included in this, due to a separate agreement signed with the EEA.

So, who is a Family Member? This definition is different under EU law than through normal UK immigration. A Family Member includes; spouses, civil partners; unmarried partners, children under the age of 21, dependent children aged 21

It can also include other direct relatives who can show they are dependent such as parents and grandparents.

However, the rules vary for different Family Members. Spouses (married or civil partners) are treated differently from unmarried partners or same sex unmarried partners. It is vital to plan such applications accordingly.

EEA Family Permits – these are for non-EEA family members looking to move to the UK with the EEA national. This includes spouses, partners, same-sex partners, children and other dependants. This has to be applied for outside the UK – usually at the nearest UK Embassy or High Commission.

EEA 1 Registration Certificates – this is an application by the EEA national to prove their status in the UK. Although this is not mandatory, this can be of benefit in seeking to bring non EEA family members to the UK.

EEA 2 Residence Cards – after the family member has arrived in the UK, this is the process allowing them to apply to stay. This process involves demonstrating the family relationship and the employment / self-employment of the EEA national. This category has a relatively high rate of refusal – especially for applicants who have arrived on an EEA Family Permit. It is vital to remember that this is a fresh application and new updated evidence is required. It is not the same as simply extending an EEA Family Permit.

Family member residence stamp
Separate rules apply to family members of certain countries who joined the EU in 2004and 2007. These are known as the A8 and A2 countries - Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia or Slovenia.
Family Members of nationals of such countries are not immediately eligible for a Residence Card. Instead, the EEA national needs to be living and working in the UK for 12 months. Until this 12 month period is completed, the family member needs to obtain a family member residence stamp (FMRS) to confirm their right of residence under European law.

EEA 3 and EEA 4 Permanent Residence

EU law provides a right for EEA nationals and their family members to attain permanent residence after 5 years.
This is not the same as UK Indefinite Leave to Remain – instead an application under EU law for permanent residence is assessed under different criteria.
It is vital for the applicant to be able to show that he / she has lived and worked (or exercised another Treaty right) for the last 5 years. These applications can be complex and require extensive preparation.

For more information, please see our website;

www.commonwealthimmigration.com