Government confirms MAC report restrictions on A2 EEA nationals‏

As recommended in the recent MAC report, controls to restrict how Bulgarian and Romanian nationals access the UK labour market will be extended until the end of 2013, Immigration Minister Damian Green announced today.

This means Romanian and Bulgarian (A2) nationals seeking to work in the UK will continue to require permission from the UK Border Agency before they can work in the UK. Exceptions apply to self-employed workers and certain other categories.

Are you a Romanian or Bulgarian national who needs assistance with an EEA application for yourself or a Family Member ? If so, please contact us through our website

www.commonwealthimmigration.com/contact_us.html

New minimum salary for sponsoring family ?

A government report has recommended a minimum salary for British residents sponsoring family to settle in the UK.

A minimum salary of between £18,600 and £25,700 before tax should be introduced for UK residents sponsoring a partner or dependent for settlement, the Migration Advisory Committee (MAC) recommended today.

The MAC was asked to identify a salary that would prevent any sponsor, their spouse or their dependents from becoming a burden on the state.

The MAC was asked by the government to consider what the minimum income threshold should be for a British resident sponsoring a spouse, partner or dependent for settlement in the UK under the family route. This was part of the government's review of the family migration routes.

Presently the threshold is an annual income of £5,500 after tax, excluding housing costs. This is equivalent to £13,700 before tax and including housing costs.

The thresholds are based on the income levels at which a family is not entitled to state benefits or contributes at least as much to the public finances as it consumes in services.

A salary threshold of £18,600 would reduce settlement through the family route by 45 per cent, the MAC estimates. A minimum of £25,700 would reduce it by 63 per cent.

If the government makes any announcement to change the Immigration Rules following this report, we will explain this through our newsletter.

Keep up to date on UK immigration through our website;

www.commonwealthimmigration.com

change to Immigration Rules on settlement

On 31 October 2011, a new change to the Immigration Rules for settlement was introduced.

Work permit holders and Tier 2 migrants will need to provide specified documents to confirm that they are being paid at or above the appropriate rate for their job. This is in addition to the employer's confirmation.

From 31 October, any settlement application by a Tier 2 migrant or a work permit holder must include:

a payslip and a personal bank or building society statement;

or a payslip and a building society pass book.


If they do not provide this evidence, their application may be refused.

If you wish to apply for UK settlement, then feel free to contact us through our website;

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

EEA permanent residence for Bulgarian and Romanian applicants‏

As Romania and Bulgaria joined the EU on 1 January 2007, it will soon be possible for nationals of those countries to apply for UK permanent residence based on 5 years living in the UK.

Mistakenly, some applicants have applied for UK permanent residence because they were living and working in the UK in some other capacity prior to January 2007, to accrue their 5 years. While such applicants may be able to apply under some other category of UK immigration, permanent residence based on EEA law is only possible after Jan 2012.

This has been confirmed by the UK Border Agency. There are many advantages to applying for permanent residence under EEA law. For more information on permanent residence under EEA law, then please contact us through our website

www.commonwealthimmigration.com

UK shortage list changes

The UK government have now moved to implement in full the changes to the Tier 2 shortage list as was recommended by the Migration Advice Committee and reported in our blog post dated 15 September 2011 (below).

Effective from Nov 14th, the following occupations will removed from the list:

· secondary education biology teachers;

· speech and language therapists;

· pharmacists;

· orthoptists;

· veterinary surgeons; and,

· rank and file orchestral musicians.

Added to the list will be:

·actuaries;

·high integrity pipe welders;

·environmental scientists; and,

·geochemists


Occupations on the list do not require the employer to have advertised for workers within the UK.

For more information on Tier 2 visas, please see our website;

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

UK Supreme Court finds Immigration Rules on spouses to be unlawful

In a major blow to the government’s immigration policy – the UK Supreme Court has struck down the restriction on spouses aged under 21 years being able to settle in the UK.

This was introduced in 2008 by the previous government in a bid to cut down on “forced marriages”. However, the rules also discriminated against legitimate couples aged over 18 but under 21 who wished to settle in the UK to join a spouse / partner.

This was an obvious result of such legislation – it just took some time for a test case to be decided by the courts. The court said that the rule was unjustified because it interfered with the human rights of couples.

The Home Office will now need to change the relevant section of the Immigration Rules.

Whilst some age restriction may still be permitted, a blanket rigid ban that has been in force will not be permitted.

The timing of the court decision comes in a week when the Prime Minister made a major speak on immigration restrictions.

We’ll obviously update you on any changes through our newsletter.

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

David Cameron urges people to report illegal immigrants

UK Prime Minister David Cameron says he "wants everyone in the country" to help "reclaim our borders" by reporting suspected illegal immigrants.

In a speech setting out measures to tighten immigration rules, Mr Cameron said people should report suspicions to Crimestoppers and the UK Border Agency.

He also outlined plans to tackle forced and bogus marriages and for new rules for those wanting to settle in the UK.

"Together we will reclaim our borders and send illegal immigrants home."

Mr Cameron said: "If we take the steps set out today and deal with all the different avenues of migration, legal and illegal, then levels of immigration can return to where they were in the 1980s and 90s... a time when immigration was not a front rank political issue."

For Labour shadow home secretary Yvette Cooper said: "While David Cameron talks about getting tough on illegal immigration, he is undermining our border enforcement by cutting 5,000 staff from the UK Borders Agency. And where he talks about limiting work visas, these actually went up under the Government's immigration cap."

Read the full article at;

http://www.bbc.co.uk/news/uk-15235649

Once we have more information on the exact details of the changes to spouse visas, settlement etc... we will detail these on our website;

http://www.commonwealthimmigration.com/