New Regulations – January 2014
Effective January 2014, the UK government has published new EEA regulations on the “Surinder Singh route”.
The legal basis of the new regulations seem to be dubious – in introducing a new test that requires the British citizen to have “transferred the centre of his or her life” to the other EU member state.
While we await to see if this will affect future applications, this is certainly not a requirement of the Surinder Singh judgement as detailed by the ECJ.
Applicants are of course best advised to provide as much evidence as possible that they are genuinely living and working in the other EU member state. This would help to avoid any doubt but that they are genuinely and effectively exercising their EU Treaty Rights. This is the real test as outlined by the ECJ in the Surinder Singh case.
See our Free EEA Guide
http://www.commonwealthimmigration.com/visa4uk-EEA2-visa-EEA1-permit-application-advice.html
Friday, 31 January 2014
Friday, 5 July 2013
Test Case on UK Financial Maintenance rules
The High Court (Mr Justice Blake) today gave judgement in the eagerly awaited
test case of MM and Others – on the Financial Maintenance rules introduced in
July 2012 for spouses and partners of British citizens.
The court refused to quash the rules on the basis that they are discriminatory
or an infringement of Human Rights. The basic principle of a minimum earnings
requirement was upheld. However, the rules were found in some situations to be
disproportionate and the court has recommended that the government should look
at some of the finer detail – perhaps on recommended savings etc..
The ball is now in the government’s court to see if they decide to amend
anything. So, overall it seems the rules are here to stay but there may be
some situations where the government might need to amend the criteria to make
it fairer.
Both sides are expected to appeal today’s decision on various points so we do
not expect any quick resolution of the legality or not, of the rules. As it
stands the rules remain in force.
We wil update on our website if anything is amended by the government.
If you need assistance on any aspect of UK migration, then please feel free to
contact us through our website;
http://www.commonwealthimmigration.com/immigration-advice-uk.htm
test case of MM and Others – on the Financial Maintenance rules introduced in
July 2012 for spouses and partners of British citizens.
The court refused to quash the rules on the basis that they are discriminatory
or an infringement of Human Rights. The basic principle of a minimum earnings
requirement was upheld. However, the rules were found in some situations to be
disproportionate and the court has recommended that the government should look
at some of the finer detail – perhaps on recommended savings etc..
The ball is now in the government’s court to see if they decide to amend
anything. So, overall it seems the rules are here to stay but there may be
some situations where the government might need to amend the criteria to make
it fairer.
Both sides are expected to appeal today’s decision on various points so we do
not expect any quick resolution of the legality or not, of the rules. As it
stands the rules remain in force.
We wil update on our website if anything is amended by the government.
If you need assistance on any aspect of UK migration, then please feel free to
contact us through our website;
http://www.commonwealthimmigration.com/immigration-advice-uk.htm
Wednesday, 3 July 2013
UK – SPOUSES AND PARTNERS “FINANCIAL REQUIREMENTS”
UK – SPOUSES AND PARTNERS “FINANCIAL REQUIREMENTS”
It is now nearly 12 months since comprehensive changes were introduced by the UK government to the criteria for spouses and partners of UK citizens and of those settled in the UK.
These changes introduced on 9 July 2012 affect husbands, wives, unmarried partners, civil partners and fiancés.
As well as extending the probationary period for settlement from 2 to 5 years, the new rules introduced stringent new financial maintenance requirements.
12 months on, and many applicants are struggling to meet the requirements and many families have been separated as a result. A recent report by the UK All-Party Parliamentary Group on Migration condemned the “anguish” caused by the new rules.
However, the new rules seem set to remain in one shape or another. An immediate reduction in family visas of 16% is the first indication that these rules will help the government to meets its target of reducing net migration.
So, how does one meet the financial requirement? Currently, this can be met through income or savings (or a combination of the two).
In short – an annual income of GBP 18,600 is needed by the UK sponsor or total savings of GBP 62,500 (held either by the UK sponsor or applicant). These amounts are increased if children are to be included.
But the new rules are incredibly complicated and the documentary evidence to support an application needs to be almost perfect – case officers are rejecting applications without asking for clarification.
Income can be met through employment, self-employment, pension, investment, property rental.
Savings can be met through “cash funds” held in a bank account or similar.
The following are some of the main issues that arise;
- What sources of income and savings can be combined together? For instance employment and pension income can be combined but self-employment and savings cannot be combined.
- The rules have introduced a new formula for using savings to top up an income shortfall.
- The rules differ greatly depending on whether the applicant and / or sponsor are in the UK or outside the UK
- Applicants outside the UK can only rely on the employed income of the UK sponsor but pension income can be from either party.
- Applicants employed outside the UK must have an offer of employment in the UK. Self-employed applicants must show an intention to continue self-employment.
- Only savings held in cash funds can be counted – property equity, shares and stocks are all irrelevant. Savings must be held for 6 months.
- The specified evidence for self-employment and employment is very difficult to meet and many applicants (especially outside the UK) struggle to satisfy the requirements.
We are seeing many applicants coming to us who have been refused and are trying to submit an appeal. The reality is that an appeal is difficult unless you can show that the case officer made a basic error (which does happen of course).
It really is vital to prepare an application thoroughly and well in advance. We advise applicants to contact us early in their plans to move to the UK.
These new rules are complex and applications need to fit in exactly with one of the permitted categories for financial maintenance. The new approach is very different from the previous more flexible system that was in place before July 2012.
If you need assistance on any aspect of UK migration, then please feel free to contact us through our website;
http://www.commonwealthimmigration.com/immigration-advice-uk.htm
http://www.commonwealthimmigration.com/immigration-advice-uk.htm
AUSTRALIA – SKILLED MIGRATION UPDATE
AUSTRALIA – SKILLED MIGRATION UPDATE
With the new migration program year (2013-2014) starting on 1st July 2013 the Australian Department of Immigration has confirmed that there will be no major change in the planned migration intake.
The Immigration Minister has stated that Australia's migration program would be maintained at 190,000 places "to help fill skills shortages and reunite Australian families".
This is likely to see a continued focus on state sponsored migrants in the skilled migration categories
Since the launch of the SkillSelect application system 12 months ago, state sponsored migration has now become a very important component of the migration program.
Indeed from July 2012 to May 2013, nearly 8,000 nominations for permanent residence (visa subclass 190) were made by state / territory governments. The most popular states for nomination were New South Wales, South Australia, Australian Capital Territory and Western Australia.
For the same period, over 18,000 applicants were invited to apply for Independent migration (visa subclass 189) by SkillSelect.
The Pass Marks for both Independent and State Sponsored migration has remained constant at 60 points. State Sponsored migrants can receive 5 or 10 points to reach the required 60 points.
The most popular occupations currently being processed include Accountants, ICT Professionals, Engineers, Nurses and Teachers.
The most popular countries of origin for skilled migrants are;
India, UK, China, Pakistan, the Philippines, Iran, Sri Lanka, Malaysia, Ireland, Bangladesh, South Africa, USA.
The SkillSelect system has been able to impose “occupation ceilings” – i.e. to limit the number of invitations that can be issued from an occupation group.
In the migration year, 2012-2013 the following occupation groups reached their “occupation ceiling”;
- Chemical and Materials Engineers
- ICT Business & System Analysts
- Electronic Engineers
- Telecommunications Engineering Professionals
- Other Engineering Professionals
- Software and Application Programmers.
The new migration program on July 1st allows all these occupations to become eligible again.
Also, on July 1st all state / territory governments will release their updated occupation lists for state sponsorship. These lists are crucial for many applicants who do not qualify for Independent migration. State sponsorship is now a major route of entry and this trend is likely to continue.
Another development to take effect on July 1st is a change in the Federal Skilled Occupation list with some occupations now being removed. These are; Hospital Pharmacist, Retail Pharmacist, Aircraft Maintenance Engineer (Avionics), Aircraft Maintenance Engineer (Mechanical), and Aircraft Maintenance Engineer (Structures).
Would you like to migrate to Australia in 2013-2104? What visa subclass is best for you? How does the new migration program affect you?
If you are interested in applying for migration to Australia, then please contact us so that we can check your eligibility.
Australia info page;
Monday, 1 July 2013
Immigration to the UK through the Surinder Singh Judgement
Introduction
Recent UK
immigration changes have now made it extremely difficult for the spouses,
partners, children and other family members of British citizens to move to the
UK.
However,
one often overlooked route to legally move to the UK is through what is widely
referred to as the “Judgement in the Surinder Singh case”.
This route
is entirely legal and backed up by EEA regulations and judgements. It cannot be
changed at will by the UK government. Little wonder, that the UK Border Agency
do not provide much information on this route to the UK as it allows family
members in effect to bypass UK immigration.
The Legal Background
Surinder
Singh was a British citizen who moved to Germany to work, under his rights as
an EU citizen. His wife, an Indian citizen, wished to then move back to the UK
with him under EU law – i.e. on the basis that Surinder Singh was already
exercising his EU Treaty Rights in Germany. In a landmark court ruling in 1992,
the European Court of Justice (ECJ) agreed with him and thereby opened up a
whole new world of immigration possibilities.
The basic
principle from the case is that if a British citizen is living in another EU
member state then he / she is entitled to return to the UK under EU Free
Movement Rights and his / her family members are also entitled to enter under
the same Free Movement Rights.
In effect,
by living in another EU member state the British citizen becomes “European” and
has the same rights as say, a German citizen moving to the UK with a non EU
family member.
In a
further case, the ECJ reaffirmed the Surinder Singh judgement and also clearly
stated that it made no difference if the British citizen moved to another EU
member state solely to facilitate a Surinder Singh type return. As long as one
follows the correct process, one’s motive is irrelevant and cannot be
questioned by the UK government.
The most
recent set of EEA Regulations (published by the UK government) give legal
standing to the Surinder Singh judgement.
The regulations state expressly that if the qualifying
conditions are met;
“these Regulations apply to a person who is the family
member of a United Kingdom national as if the United Kingdom national were an
EEA national.”
In order words, the British citizen is treated as an
EEA national.
The Advantages
This route
of entry allows the family member to bypass all the requirements imposed on
family members of British citizens living in the UK.
To keep
re-iterating the point – the family member is now treated as the family member
of an EEA national.
So, the
restrictions of UK immigration law simply do not apply. This means;
·
No
requirement to meet the new financial maintenance criteria introduced in July
2012
·
No
requirement to meet the English language requirement.
·
There
is very little room for the UK Border Agency to question the legitimacy of
relationships.
·
A
wider definition of family members under EEA law than UK immigration (includes
partners, children up to the age of 21 and other dependents such as parents)
·
No
hefty immigration fees to be paid to the UK Border Agency
·
Faster
processing times as required under EU law.
·
A
much more secure legal framework to move to the UK rather than being subject to
whimsical changes imposed by UK politicians.
·
EEA
nationals and their family members are not subject to the “no recourse to
public funds” rule under UK immigration.
·
No
requirement to have a UK employment offer.
The Key Requirements
Step 1
The British
citizen must move to another EU member state. This includes the 28 member
states of the EU itself (not including the UK of course!) and the additional
EEA members (Norway, Lichtenstein and Iceland) and also Switzerland.
The full
list is;
Austria, Belgium, Bulgaria, Croatia, Cyprus,
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary,
Iceland, Irish Republic, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg,
Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia,
Spain, Sweden, Switzerland.
In order to
qualify under Surinder Singh, the British citizen must then “exercise Treaty
Rights” in that member state. This means being a worker or self-employed. It does not include studying
or retirement or being self-sufficient.
There is no
requirement to earn a certain amount or even to work full-time. The requirement
is to be a genuine worker so part-time, temporary work would suffice.
The ECJ in
the Surinder Singh case stated a minimum period of 6 months is required to be
exercising Treaty Rights in another EU member state. The regulations themselves
do not specify a minimum period but 6 months is still seen as the general “rule
of thumb”.
Most
applications we have processed have been where the British citizen has
exercised Treaty Rights for 6 months. There have been cases where 3 or 4 months
have worked but we still recommend 6 months.
The British
citizen should retain sufficient records of working and of their residence in
the EU member state.
The spouse
or partner of the British citizen should then move to that same EU member state
and live with the British citizen.
However,
the spouse or partner does not have to obtain a full residence visa to live in
that EU member state (although often it is good to do so). However, it is
perfectly possible to enter as a visitor, live with their British citizen
spouse / partner and then apply for entry to the UK.
Step 2
The family
member now needs to apply for a UK visa – or termed an “EEA Family Permit”.
This is the most important part of the whole process – i.e. to ensure the
applicant is categorised as the family member of an EEA national as defined in
the Surinder Singh case.
It is vital
to produce all the right evidence and to specifically address the Surinder
Singh case in your application.
Normally,
family members of British citizen cannot apply under EEA law. So, make sure the
application is very specific in highlighting the Surinder Singh case and this
is the category that one is applying under.
The
application is usually made to the British Embassy in the EU member state that
one lives in. Processing times vary but 3 weeks is the normal maximum time it
takes. Some applications can be approved in a few days, if prepared properly.
If
approved, the EEA Family Permit will be issued for 6 months and state that the
applicant “MRS NAME” is the EEA Family Member of “MR NAME”.
Congratulations
– you have now successfully used the Surinder Singh case and you are
categorised as the family member of an EEA national. This now defines your
immigration status on entering the UK and how you stay in the UK.
Step 3
After
moving to the UK, an
application is then made for an EEA residence card for the family member. Much
of the key material submitted in the EEA Family Permit application is still
required, together with more evidence after moving to the UK.
An EEA
residence card is then issued for 5 years.
___________________________________________________________
© Tim McMahon 2013
Email tim@commonwealthimmigration.com
See my
Profile on LinkedIn;
http://uk.linkedin.com/in/immigrationadvice
http://uk.linkedin.com/in/immigrationadvice
Wednesday, 1 May 2013
UK Border Agency announcement on change to family visitor appeals
UK Border Agency announcement on change to family visitor appeals;
"The Home Office is removing the full right of appeal for applicants refused leave to enter the UK as a family visitor.
On 25 April 2013 Royal Assent was given to a clause in the Crime and Courts Bill, published on 10 May 2012, which will allow the change to be pushed through.
The change is expected to come into force on or soon after 25 June. The new appeal arrangements will apply to anybody who applies to enter the UK to visit a family member on or after the implementation date.
By removing the right of appeal, we are bringing the family visitor visa in line with all other visitor visa categories. Applicants who are refused can re-apply addressing the reasons for refusal instead of appealing. This will be quicker and cost less than an appeal.
In 2011-12 95% of applications were decided within 15 days, whereas the appeal system can take up to 8 months to deliver a result.
We will update our guidance, forms and website information to reflect these changes in time for implementation"
Monday, 23 July 2012
New EEA Application Forms released
Following the new EEA Regulations published this week, the UK Border Agency has now released new versions of the EEA application forms.
These new forms need to be used by all applicants and family members, applying in the UK or outside the UK.
Additional sections are introduced in the forms to take account of the new EEA Regulations on new rights of residence, dual citizenship and retained residence. Furthermore, a specific section is introduced for applications through the “Surinder Singh” judgement – which applies to the family member of a British citizen returning to the UK.
Do you need assistance with an EEA application?
If so, please complete this quick registration form on our website;
http://www.commonwealthimmigration.com/assesment_form.html
This should give us all the information we need to give you the correct advice.
We can then review in full and get back to you
These new forms need to be used by all applicants and family members, applying in the UK or outside the UK.
Additional sections are introduced in the forms to take account of the new EEA Regulations on new rights of residence, dual citizenship and retained residence. Furthermore, a specific section is introduced for applications through the “Surinder Singh” judgement – which applies to the family member of a British citizen returning to the UK.
Do you need assistance with an EEA application?
If so, please complete this quick registration form on our website;
http://www.commonwealthimmigration.com/assesment_form.html
This should give us all the information we need to give you the correct advice.
We can then review in full and get back to you
Tuesday, 17 July 2012
New EEA Regulations introduced on 16 July 2012
The UK government have introduced new EEA Regulations – which govern the rights of EEA nationals and their families to enter and live in the UK.
The new Regulations set out some detailed changes following some important cases in the European Court of Justice.
There are new rights of residence established for certain categories (such as carers and children).
However, a major restriction seems to be introduced for those who are dual nationals - an EEA citizen and also a UK citizen.
The UK Border Agency are maintaining that EEA rights are not applicable to an EEA national who has never exercised his right of free movement, who has always resided in a Member State of which he is a national and who is also a national of another Member State. We remain to see exactly how this will be enforced but it could impact on many applicants.
The UK Border Agency have announced that new application forms will now be introduced to reflect the new Regulations.
Do you need assistance with an EEA application ?
If so, please complete this quick registration form on our website;
http://www.commonwealthimmigration.com/assesment_form.html
This should give us all the information we need to give you the correct advice.
We can then review in full and get back to you
The new Regulations set out some detailed changes following some important cases in the European Court of Justice.
There are new rights of residence established for certain categories (such as carers and children).
However, a major restriction seems to be introduced for those who are dual nationals - an EEA citizen and also a UK citizen.
The UK Border Agency are maintaining that EEA rights are not applicable to an EEA national who has never exercised his right of free movement, who has always resided in a Member State of which he is a national and who is also a national of another Member State. We remain to see exactly how this will be enforced but it could impact on many applicants.
The UK Border Agency have announced that new application forms will now be introduced to reflect the new Regulations.
Do you need assistance with an EEA application ?
If so, please complete this quick registration form on our website;
http://www.commonwealthimmigration.com/assesment_form.html
This should give us all the information we need to give you the correct advice.
We can then review in full and get back to you
Friday, 6 July 2012
Aussie rules - The new Australian Migration System explained
See our Article in The Actuary magazine - on the new Australian Migration system
http://www.theactuary.com/features/2012/07/aussie-rules/
http://www.theactuary.com/features/2012/07/aussie-rules/
New UK visa rules for spouses and partners
Effective 9 July, new rules will be implemented for those applying for UK visas as spouses, partners and fiancees.
Tougher new financial requirements need to be met, including minimum levels of income or savings. The new rules seem to remove much of the inbuilt flexibility currently in the "maintenance" tests.
Also, the probationary period for those in this category will be increased from 2 to 5 years. Some of the key points include;
introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues;
extending the minimum probationary period for settlement for non-EEA spouses andpartners from two years to five years, to test the genuineness of the relationship;
abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;
from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt;
allowing adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor;
and restricting family visit visa appeals, initially by narrowing the current definitions of family and sponsor for appeal purposes, and then, subject to the passage of the Crime and Courts Bill, which was published on 11 May 2012, removing the full right of appeal against refusal of a family visit visa.
keep up to date through our website
www.commonwealthimmigration.com
Tougher new financial requirements need to be met, including minimum levels of income or savings. The new rules seem to remove much of the inbuilt flexibility currently in the "maintenance" tests.
Also, the probationary period for those in this category will be increased from 2 to 5 years. Some of the key points include;
introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues;
extending the minimum probationary period for settlement for non-EEA spouses andpartners from two years to five years, to test the genuineness of the relationship;
abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;
from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt;
allowing adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor;
and restricting family visit visa appeals, initially by narrowing the current definitions of family and sponsor for appeal purposes, and then, subject to the passage of the Crime and Courts Bill, which was published on 11 May 2012, removing the full right of appeal against refusal of a family visit visa.
keep up to date through our website
www.commonwealthimmigration.com
Thursday, 10 May 2012
AUSTRALIA – NEW VISA SUBCLASSES
In preparation for the launch of the new system on 1 July 2012, the new visa subclasses that will be available under the SkillSelect Expression of Interest (EOI) have been announced. These are;
Subclass 189 Skilled – Independent (Permanent) (Class SI)
Subclass 190 Skilled – Sponsored (Permanent) (Class SK)
Subclass 489 – Regional Sponsored (Provisional) (Class SP)
Business Skills visa program.
You can also express interest in the following visa programs on your EOI to be selected by an employer;
Subclass 186 – Employer Nomination Scheme (ENS) (Class EN)
Subclass 187 – Regional Sponsored Scheme (RSMS) (Class RN)
Subclass 457 – Temporary Business (Long Stay) (Class UC)
You can express interest in a range of skilled migration programs in one EOI.
The old visa subclasses of 175, 176 and 475 will be closed for all new applications on 1 July 2012.
SkillSelect is a radical new selection model for skilled migrants. If you are interested in applying for Australian residence, then please contact us so that we can check your eligibility. We can advise you on your ability to qualify through the new SkillSelect process.
Australia info page;
www.commonwealthimmigration.com/australia.htm
Tuesday, 17 April 2012
Tier 2 visa changes
Rules have been laid in parliament confirming changes to Tier 2 of the points based system.
Following the Migration Advisory Committee report in October 2011 to advise on the 2012-13 annual limit for Tier 2 and associated policies, the government has decided
that:
• The Tier 2 (General) limit will remain at its current level of 20,700 for the next 2 years until April 2014.
• The skill level required by migrants who wish to work in the UK will increase. This means the number of middle-management jobs such as IT technicians and security managers will no longer be open to migrant workers. However, highly-skilled occupations such as architect, teacher or chemical engineer will still be available.
•Additionally, the rules for businesses around advertising highly paid and PhD jobs will be relaxed. This will cut bureaucracy, meaning companies will no longer have to advertise vacancies through JobCentrePlus, where they are unlikely to get applicants for these types of jobs, but will still have to advertise more widely. Furthermore, companies will now be able to select the best candidate for PhD level occupations, even if they require Tier 2 sponsorship.
Information on all types of UK immigration is available on our website;
http://www.commonwealthimmigration.com/united_kingdom_uk.htm
Following the Migration Advisory Committee report in October 2011 to advise on the 2012-13 annual limit for Tier 2 and associated policies, the government has decided
that:
• The Tier 2 (General) limit will remain at its current level of 20,700 for the next 2 years until April 2014.
• The skill level required by migrants who wish to work in the UK will increase. This means the number of middle-management jobs such as IT technicians and security managers will no longer be open to migrant workers. However, highly-skilled occupations such as architect, teacher or chemical engineer will still be available.
•Additionally, the rules for businesses around advertising highly paid and PhD jobs will be relaxed. This will cut bureaucracy, meaning companies will no longer have to advertise vacancies through JobCentrePlus, where they are unlikely to get applicants for these types of jobs, but will still have to advertise more widely. Furthermore, companies will now be able to select the best candidate for PhD level occupations, even if they require Tier 2 sponsorship.
Information on all types of UK immigration is available on our website;
http://www.commonwealthimmigration.com/united_kingdom_uk.htm
Wednesday, 28 March 2012
Australia State Sponsored Visas
Australia State Sponsored Visas
State governments in Australia are able to sponsor migrants to settle in their state through “State Migration Plans”. These are becoming an increasingly important method of securing Australian residence through the following subclasses;
Skilled – Sponsored (Migrant) Visa (Subclass 176)
Skilled – Regional Sponsored (Provisional) Visa (Subclass 475)
Skilled – Regional (Residence) Visa (Subclass 887)
Skilled – Regional Sponsored (Provisional) Visa (Subclass 487)
There are many advantages to applying through State sponsorship. State sponsored migrants can be processed quicker and receive extra points when applying for residence. Furthermore, if your occupation is not on the main Federal “Skilled Occupation List”, then you may still be eligible for migration if your occupation is sponsored by a State government.
There are 7 states and territories, all of which offer state sponsorship- through 7 different State Migration Plans. Obviously occupation lists and eligibility criteria for each state are being constantly updated. Occupations which are in demand can quickly be removed from a demand list if the state attracts sufficient numbers of such workers.
In our experience, applications for state sponsorship are very subjective. There are no set definitive criteria such as a points test. Each applicant needs to demonstrate suitability to that state and explain the research they have conducted, how they will source employment, what salary they can expect etc.
It is this specific research that can convince a state to sponsor you.
Please see the detailed information on our website on each of the 7 states / territories in Australia.
Our service in applying for State sponsorship
We have many years experience in securing state sponsorship for our clients. This includes all 7 states / territories in Australia.
We crucially can provide specific advice on how to present YOU in an application for state sponsorship. It is this approach of focusing on what particular skills an applicant has to fit in with a State Migration Plan that can ensure success.
Specific research together with a detailed personal statement can make the difference between success and failure in state sponsorship. Each state government has a set quota of sponsorships they can approve, so no state will issue approval unless they are convinced of your suitability.
We can handle the whole application from start to finish. The service includes everything from pre-application advice, document review, completing forms, covering letter, drafting your personal statement, submission to the State government and bringing to a successful conclusion. This continues throughout the whole process until your state sponsorship is approved.
You will only deal with one dedicated immigration adviser to provide you with a focused one to one service.
Our success rate is second to none and we can provide numerous verifiable references from satisfied clients for you to review and inspect.
At this stage, we just need you to complete this quick registration form on our website;
http://www.commonwealthimmigration.com/assesment_form.html
This should give us all the information we need to give you the correct advice.
We can then review in full and get back to you
Subscribe to our newsletter to keep up to date on Australian immigration changes;
http://www.commonwealthimmigration.com/contact_us.html
State governments in Australia are able to sponsor migrants to settle in their state through “State Migration Plans”. These are becoming an increasingly important method of securing Australian residence through the following subclasses;
Skilled – Sponsored (Migrant) Visa (Subclass 176)
Skilled – Regional Sponsored (Provisional) Visa (Subclass 475)
Skilled – Regional (Residence) Visa (Subclass 887)
Skilled – Regional Sponsored (Provisional) Visa (Subclass 487)
There are many advantages to applying through State sponsorship. State sponsored migrants can be processed quicker and receive extra points when applying for residence. Furthermore, if your occupation is not on the main Federal “Skilled Occupation List”, then you may still be eligible for migration if your occupation is sponsored by a State government.
There are 7 states and territories, all of which offer state sponsorship- through 7 different State Migration Plans. Obviously occupation lists and eligibility criteria for each state are being constantly updated. Occupations which are in demand can quickly be removed from a demand list if the state attracts sufficient numbers of such workers.
In our experience, applications for state sponsorship are very subjective. There are no set definitive criteria such as a points test. Each applicant needs to demonstrate suitability to that state and explain the research they have conducted, how they will source employment, what salary they can expect etc.
It is this specific research that can convince a state to sponsor you.
Please see the detailed information on our website on each of the 7 states / territories in Australia.
Our service in applying for State sponsorship
We have many years experience in securing state sponsorship for our clients. This includes all 7 states / territories in Australia.
We crucially can provide specific advice on how to present YOU in an application for state sponsorship. It is this approach of focusing on what particular skills an applicant has to fit in with a State Migration Plan that can ensure success.
Specific research together with a detailed personal statement can make the difference between success and failure in state sponsorship. Each state government has a set quota of sponsorships they can approve, so no state will issue approval unless they are convinced of your suitability.
We can handle the whole application from start to finish. The service includes everything from pre-application advice, document review, completing forms, covering letter, drafting your personal statement, submission to the State government and bringing to a successful conclusion. This continues throughout the whole process until your state sponsorship is approved.
You will only deal with one dedicated immigration adviser to provide you with a focused one to one service.
Our success rate is second to none and we can provide numerous verifiable references from satisfied clients for you to review and inspect.
At this stage, we just need you to complete this quick registration form on our website;
http://www.commonwealthimmigration.com/assesment_form.html
This should give us all the information we need to give you the correct advice.
We can then review in full and get back to you
Subscribe to our newsletter to keep up to date on Australian immigration changes;
http://www.commonwealthimmigration.com/contact_us.html
Thursday, 22 March 2012
IMPORTANT - Tier 1 and Tier 2 visas, changes on maintenance funds
changes for Tier 1 (General) and Tier 2 (General) visa categories from 14 June 2012.
The amount of maintenance funds for applicants and dependents will increase after that date. The following are the new amounts that UK based applicants will need to show in maintenance funds
Tier 1 (General) applicant, £900
Tier 1 (General) dependant, £600
Tier 2 (General) applicant, £900
Tier 2 (General) dependant, £600
Remember, this new amount needs to held in a bank account for 3 months, if applying anytime after 14 June 2012. This applies to new applications and extension applications.
Please make sure that you are meeting this maintenance funds requirement well in advance of your application.
The amount of maintenance funds for applicants and dependents will increase after that date. The following are the new amounts that UK based applicants will need to show in maintenance funds
Tier 1 (General) applicant, £900
Tier 1 (General) dependant, £600
Tier 2 (General) applicant, £900
Tier 2 (General) dependant, £600
Remember, this new amount needs to held in a bank account for 3 months, if applying anytime after 14 June 2012. This applies to new applications and extension applications.
Please make sure that you are meeting this maintenance funds requirement well in advance of your application.
Friday, 16 March 2012
UK ILR (Indefinite Leave to Remain)
We have many years experience in assisting migrants to obtain UK Indefinite Leave to Remain (ILR) visas, also known as settlement or permanent residence.
The normal qualifying period to obtain ILR is 5 years. However if one is married to a British citizen, then the qualifying period is 2 years. However, not every visa category is counted as “qualifying” for ILR. For instance, time spent in the UK on a Working Holiday visa or a student visa does not count.
The following visa categories DO count towards the 5 year qualifying period;
Tier 1 (General)
Tier 2 (General)
Work permit
Tier 1 (Investor)
Tier 1 (Entrepreneur)
Ancestral visa
Highly Skilled Migrant Programme (HSMP)
You can obtain your qualifying 5 years by living in the UK on one of these visas or a combination of these visas. However, applicants need to note that EEA visas and residence cards cannot be used in combination with any of the above categories to apply for ILR.
EEA visas and residence cards can lead to permanent residence in their own right under EEA law but not ILR through UK immigration.
Absences in the 5 Years
The main residence requirement is that the applicant has been living in the UK throughout the qualifying period.
All absences from the UK need to be declared in the application. The UK Border Agency will of course disregard short absences for annual leave every year or for business trips.
New guidance has been issued to UK Border Agency case officers in April 2011 on calculating the continuous period in the UK and permitted absences.
The guidance states that discretion can be used where absences are for up to 3 months for a single absence or total absences of up to 6 months. The UK Border Agency can look at longer absences where these were for;
“compelling grounds either of a compassionate nature of for reasons related to the applicant’s employment or business in the UK”.
As detailed in their guidance, the case officer will want to see that;
“the applicant has clearly continued to be based in the UK“
Proof of employment, self-employment throughout the 5 years
The applicant needs to provide evidence to show that they were employed or self-employed in the UK or otherwise resident here in accordance with the terms of their visa.
So, for instance, Ancestral visa holders need to show that they have been working or self-employed in the UK throughout the qualifying 5 years – i.e. that the visa holder complied with the terms of their visa throughout the 5 years.
This previously was a very flexible requirement. However it is now being viewed much more strictly by the UK Border Agency.
Applicants need to be diligent in compiling as much material as possible throughout the 5 years. Many applicants may need assistance in this situation especially where a previous employer is no longer trading or in providing the correct proof of self-employment.
Applicants married to British citizens do not usually need to show employment or self-employment throughout the qualifying period.
Criminal convictions
In 2011, the government issued much more stringent rules relating to any criminal convictions when applying for ILR.
In short, an applicant cannot have any “unspent convictions” when applying for ILR. Most convictions become “spent” after a set period of time passes. This has proved a major hindrance for many applicants who may only have been convicted of a minor offence.
Please contact us, in strictest confidence, if you wish to see if a criminal conviction is seen as “unspent” and when it can be “spent”.
Life in the UK Test
Unless exempt through age or disability, applicants need to sit the Life in the UK Test. This is available at centres throughout the UK and is designed to test applicants’ knowledge of UK society, history, politics and government.
The test is not seen as particularly onerous – however applicants should take some time to prepare and read the recommended text book on “Life in the UK”
If you are applying for ILR on the basis of an initial application through the old HSMP visa category, then please contact us so we can see if you need to sit the Life in the UK Test.
Spouses, Partners, Children
Previously, applicants could include their spouse, partners or children on their ILR application. Once declared on the application they would be granted ILR with the main applicant regardless of how long they had lived together.
The rights of dependents changed in 2011, when the government removed the automatic rights of spouses and partners to apply at the same time.
We now have to prove that spouses or partners have been living at the same address as the main applicant for a minimum of 2 years before they can apply for ILR.
2011 changes and future developments
The following are some of the main changes to apply for ILR announced in 2011, and future proposals
Applicants applying for ILR whose current visa is Tier 1 (General) are now points tested. This is a major change from the previous position where applicants just needed to show they were economically active through employment or self-employment. The new system requires the applicants to pass a points test based on age, qualifications and most importantly – recent earnings.
Applicants applying for ILR whose current visa is Tier 2 (General) need to provide specific documents to show that they are being paid at the correct rate of pay for their occupation’s code of practice.
Revised guidance has been published on absences from the UK throughout the qualifying period for ILR.
A recent consultation on family migration has proposed increasing the residence period for ILR for spouses and partners from 2 to 5 years.
Retaining ILR
Once granted, ILR allows the holder to remain indefinitely or permanently in the UK. After living in the UK for another 1 year, the applicant may be eligible to obtain UK citizenship.
The main requirement to retain ILR is to continue living in the UK.
Any absences of more than 2 years at any one time outside of the UK, can result in one’s ILR being revoked.
Our ILR service
We have many years experience in securing ILR for our clients. The process can be complicated and is not granted easily by the UK government – it does, after all, allow permanent residence and is a very important step on the route to British citizenship.
We can handle the whole application from start to finish. The service includes everything from pre-application advice, document review, completing forms, covering letter, drafting your personal statement, submission to the authorities and bringing to a successful conclusion. This continues throughout the whole process until your visa is approved.
You will only deal with one dedicated immigration adviser to provide you with a focused one to one service.
Our success rate is second to none and we can provide numerous verifiable references from satisfied clients for you to review and inspect.
At this stage, we just need you to complete this quick registration form on our website;
http://www.commonwealthimmigration.com/assesment_form.html
This should give us all the information we need to give you the correct advice.
We can then review in full and get back to you
The normal qualifying period to obtain ILR is 5 years. However if one is married to a British citizen, then the qualifying period is 2 years. However, not every visa category is counted as “qualifying” for ILR. For instance, time spent in the UK on a Working Holiday visa or a student visa does not count.
The following visa categories DO count towards the 5 year qualifying period;
Tier 1 (General)
Tier 2 (General)
Work permit
Tier 1 (Investor)
Tier 1 (Entrepreneur)
Ancestral visa
Highly Skilled Migrant Programme (HSMP)
You can obtain your qualifying 5 years by living in the UK on one of these visas or a combination of these visas. However, applicants need to note that EEA visas and residence cards cannot be used in combination with any of the above categories to apply for ILR.
EEA visas and residence cards can lead to permanent residence in their own right under EEA law but not ILR through UK immigration.
Absences in the 5 Years
The main residence requirement is that the applicant has been living in the UK throughout the qualifying period.
All absences from the UK need to be declared in the application. The UK Border Agency will of course disregard short absences for annual leave every year or for business trips.
New guidance has been issued to UK Border Agency case officers in April 2011 on calculating the continuous period in the UK and permitted absences.
The guidance states that discretion can be used where absences are for up to 3 months for a single absence or total absences of up to 6 months. The UK Border Agency can look at longer absences where these were for;
“compelling grounds either of a compassionate nature of for reasons related to the applicant’s employment or business in the UK”.
As detailed in their guidance, the case officer will want to see that;
“the applicant has clearly continued to be based in the UK“
Proof of employment, self-employment throughout the 5 years
The applicant needs to provide evidence to show that they were employed or self-employed in the UK or otherwise resident here in accordance with the terms of their visa.
So, for instance, Ancestral visa holders need to show that they have been working or self-employed in the UK throughout the qualifying 5 years – i.e. that the visa holder complied with the terms of their visa throughout the 5 years.
This previously was a very flexible requirement. However it is now being viewed much more strictly by the UK Border Agency.
Applicants need to be diligent in compiling as much material as possible throughout the 5 years. Many applicants may need assistance in this situation especially where a previous employer is no longer trading or in providing the correct proof of self-employment.
Applicants married to British citizens do not usually need to show employment or self-employment throughout the qualifying period.
Criminal convictions
In 2011, the government issued much more stringent rules relating to any criminal convictions when applying for ILR.
In short, an applicant cannot have any “unspent convictions” when applying for ILR. Most convictions become “spent” after a set period of time passes. This has proved a major hindrance for many applicants who may only have been convicted of a minor offence.
Please contact us, in strictest confidence, if you wish to see if a criminal conviction is seen as “unspent” and when it can be “spent”.
Life in the UK Test
Unless exempt through age or disability, applicants need to sit the Life in the UK Test. This is available at centres throughout the UK and is designed to test applicants’ knowledge of UK society, history, politics and government.
The test is not seen as particularly onerous – however applicants should take some time to prepare and read the recommended text book on “Life in the UK”
If you are applying for ILR on the basis of an initial application through the old HSMP visa category, then please contact us so we can see if you need to sit the Life in the UK Test.
Spouses, Partners, Children
Previously, applicants could include their spouse, partners or children on their ILR application. Once declared on the application they would be granted ILR with the main applicant regardless of how long they had lived together.
The rights of dependents changed in 2011, when the government removed the automatic rights of spouses and partners to apply at the same time.
We now have to prove that spouses or partners have been living at the same address as the main applicant for a minimum of 2 years before they can apply for ILR.
2011 changes and future developments
The following are some of the main changes to apply for ILR announced in 2011, and future proposals
Applicants applying for ILR whose current visa is Tier 1 (General) are now points tested. This is a major change from the previous position where applicants just needed to show they were economically active through employment or self-employment. The new system requires the applicants to pass a points test based on age, qualifications and most importantly – recent earnings.
Applicants applying for ILR whose current visa is Tier 2 (General) need to provide specific documents to show that they are being paid at the correct rate of pay for their occupation’s code of practice.
Revised guidance has been published on absences from the UK throughout the qualifying period for ILR.
A recent consultation on family migration has proposed increasing the residence period for ILR for spouses and partners from 2 to 5 years.
Retaining ILR
Once granted, ILR allows the holder to remain indefinitely or permanently in the UK. After living in the UK for another 1 year, the applicant may be eligible to obtain UK citizenship.
The main requirement to retain ILR is to continue living in the UK.
Any absences of more than 2 years at any one time outside of the UK, can result in one’s ILR being revoked.
Our ILR service
We have many years experience in securing ILR for our clients. The process can be complicated and is not granted easily by the UK government – it does, after all, allow permanent residence and is a very important step on the route to British citizenship.
We can handle the whole application from start to finish. The service includes everything from pre-application advice, document review, completing forms, covering letter, drafting your personal statement, submission to the authorities and bringing to a successful conclusion. This continues throughout the whole process until your visa is approved.
You will only deal with one dedicated immigration adviser to provide you with a focused one to one service.
Our success rate is second to none and we can provide numerous verifiable references from satisfied clients for you to review and inspect.
At this stage, we just need you to complete this quick registration form on our website;
http://www.commonwealthimmigration.com/assesment_form.html
This should give us all the information we need to give you the correct advice.
We can then review in full and get back to you
Thursday, 23 February 2012
net migration up again
Net migration to Britain remained steady at 250,000 in the year to June 2011, according to figures released today.
However when compared with the figures for the year ended June 2010, the figures showed an increase from 235,000.
The government has promised to cut net migration by 2015 to the "tens of thousands".
It seems that the reduction in numbers of British citizens moving abroad and economic turmoil in the eurozone will see this target become harder and harder to reach.
for more information on moving to the UK, visit our website
www.commonwealthimmigration.com
However when compared with the figures for the year ended June 2010, the figures showed an increase from 235,000.
The government has promised to cut net migration by 2015 to the "tens of thousands".
It seems that the reduction in numbers of British citizens moving abroad and economic turmoil in the eurozone will see this target become harder and harder to reach.
for more information on moving to the UK, visit our website
www.commonwealthimmigration.com
Thursday, 9 February 2012
UNITED KINGDOM – MORE RESTRICTIONS
The Immigration Minister has outlined some of his future plans in a major policy speech.
Changes to be implemented in the new few months will include further changes to family migration and reforms to settlement, breaking the link between temporary and permanent migration
The changes to family migration are expected to include much tougher provisions on sponsoring overseas spouses to settle in the UK. A minimum income figure for the UK sponsor is likely to be introduced.
Furthermore, the government plans to implement a much longer probationary period before spouse visa holders can become permanent residents. This may be increased from 2 to 5 years.
Changes to be implemented in the new few months will include further changes to family migration and reforms to settlement, breaking the link between temporary and permanent migration
The changes to family migration are expected to include much tougher provisions on sponsoring overseas spouses to settle in the UK. A minimum income figure for the UK sponsor is likely to be introduced.
Furthermore, the government plans to implement a much longer probationary period before spouse visa holders can become permanent residents. This may be increased from 2 to 5 years.
Wednesday, 1 February 2012
Launch of Australian Skilled Select system
The Australian government have launched the Skill Select website which will be operational from July 2012.
SkillSelect is an online system that enables skilled workers interested in migrating to Australia to record their details to be considered for a skilled visa through an Expression of Interest (EOI).
Intending migrants could be found and nominated for skilled visas by Australian employers or state and territory governments, or they could be invited by the Australian Government to lodge a visa application.
Although an Expression of Interest cannot yet be submitted, please feel free to contact us for information on migrating to Australia;
http://www.commonwealthimmigration.com/australia.htm
SkillSelect is an online system that enables skilled workers interested in migrating to Australia to record their details to be considered for a skilled visa through an Expression of Interest (EOI).
Intending migrants could be found and nominated for skilled visas by Australian employers or state and territory governments, or they could be invited by the Australian Government to lodge a visa application.
Although an Expression of Interest cannot yet be submitted, please feel free to contact us for information on migrating to Australia;
http://www.commonwealthimmigration.com/australia.htm
Monday, 23 January 2012
Online submission option for Tier 2 visas
The UK Border Agency have introduced a new system that will enable applicants applying under Tier 2 and 5 and their dependants who are in the UK to apply online for permission to stay (further leave to remain) in the UK
This service will be launched on 14 February 2012.
If you want to apply online you should complete the online application form, make an online payment and if you want to use the premium service, make an online booking for an appointment at a public enquiry office.
In order for your application to be valid you will need to meet the following requirements:
If you are applying under the non-premium postal route, you must:
· submit any required supporting documents specified as mandatory within 15 working days; and
· book and attend an appointment at a public enquiry office to provide biometric information. You must attend this appointment by the date we request you to.
If applying under the premium route:
· you must attend an appointment at a public enquiry office to submit any required supporting documents specified as mandatory, and enrol your biometric information when requested, within 45 working days.
If any of the above requirements are not met, your application will be rejected.
SUMMARY - So, whilst the application form and fee can all be paid online, the application documents then need to be posted in. Maybe, one day an actual “online” application will be available, similar to Australia, where the whole application (including documents) can be made online.
For more information on Tier 2 visas, please see our website;
http://www.commonwealthimmigration.com/immigration-consultants-uk.htm
This service will be launched on 14 February 2012.
If you want to apply online you should complete the online application form, make an online payment and if you want to use the premium service, make an online booking for an appointment at a public enquiry office.
In order for your application to be valid you will need to meet the following requirements:
If you are applying under the non-premium postal route, you must:
· submit any required supporting documents specified as mandatory within 15 working days; and
· book and attend an appointment at a public enquiry office to provide biometric information. You must attend this appointment by the date we request you to.
If applying under the premium route:
· you must attend an appointment at a public enquiry office to submit any required supporting documents specified as mandatory, and enrol your biometric information when requested, within 45 working days.
If any of the above requirements are not met, your application will be rejected.
SUMMARY - So, whilst the application form and fee can all be paid online, the application documents then need to be posted in. Maybe, one day an actual “online” application will be available, similar to Australia, where the whole application (including documents) can be made online.
For more information on Tier 2 visas, please see our website;
http://www.commonwealthimmigration.com/immigration-consultants-uk.htm
Wednesday, 11 January 2012
Impact of migration in the UK
The government's official advisers on migration say there is a link between immigration from outside the European Union and job losses among UK workers.
The Migration Advisory Committee said there were 23 fewer UK jobs for every 100 migrants from outside the EU.
But a separate report from the National Institute of Economic and Social Research (NIESR) says immigration has had little impact.
The government has just re-iterated its standard line that "it was working to reduce net migration".
The Migration Advisory Committee (Mac) estimates that 160,000 British born workers have been displaced following non-EU immigration between 1995 and 2010.
For information on all types of UK visas, please visit our website
http://www.commonwealthimmigration.com/immigration-consultants-uk.htm
The Migration Advisory Committee said there were 23 fewer UK jobs for every 100 migrants from outside the EU.
But a separate report from the National Institute of Economic and Social Research (NIESR) says immigration has had little impact.
The government has just re-iterated its standard line that "it was working to reduce net migration".
The Migration Advisory Committee (Mac) estimates that 160,000 British born workers have been displaced following non-EU immigration between 1995 and 2010.
For information on all types of UK visas, please visit our website
http://www.commonwealthimmigration.com/immigration-consultants-uk.htm
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