There are different reasons as to why a migrant leave his/her country of origin and come to the UK. Some might wish to invest in the UK by setting up a business under the Tier 1 Entrepreneur or Investor categories. Others might want to further their career or pursue academic or professional studies. However, the long term strategy is often, consciously or sub-consciously, to settle in this country. In spite of its many misgivings the UK maintains a fairly relaxed policy, at least compared to other English speaking countries, in terms of permanent residence and acquisition of British nationality.

Residence requirements

There are different criteria to be met to qualify for UK settlement (indefinite leave to remain), but the key requirement must be that of “continuous residence in the UK”. The specified period will depend on which route the applicant is applying for UK settlement. In broad terms, the Immigration Rules are divided between “working route” and “family route”. Under most working visa categories (Tier 1/Highly Skilled or Tier 2/Work Permit), an applicant will need to spend five years in the UK to qualify for settlement. Under the family route (spouse, civil and unmarried partner), an applicant might be able to qualify having spent two years in the UK.

Accelerated UK settlement routes

Of course, there are exceptions. Under the Tier 1 Entrepreneur route, one might qualify for settlement having spent three years in the UK if the business were to employ 10 British or settled workers in the UK or generate a turnover of £5 millions. Under the Tier 1 Investor category, the required period for permanent residence might be reduced to two or there years depending on the level of investment. In addition, applicants who were granted leave to remain as Tier 1 Investors or Entrepreneurs are permitted to be absent from the United Kingdom for up to 180 days in any 12 calendar months without jeopardising their application for settlement in the UK.

Absences and breaks in residence

It’s important to understand how the period of residence for UK settlement is calculated and what constitutes a break leaving the applicant short or unable to qualify. Under Tier 1/Highly Skilled and Tier 2/Work Permit visa categories, an applicant should not spend more than 18 days outside the UK in the five years period. However, short absences abroad, for example for holidays or business trips, may be disregarded, provided the applicant has clearly continued to be based here. In addition, discretion may be applied when there have been longer absences abroad, provided the absences were for compelling reasons.

In the case of settlement eligibility of spouses, civil or unmarried partners of UK citizens there is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his/her employment, this should not count against the applicant. However, if they have spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. In such instances each case must be judged on its merits, taking into account reasons for travel as well as the length of absences.
Anyone submitting an application for settlement is strongly advised to seek professional legal advice.

UK Immigration: Settlement in the UK – Why Do Absences Matter? is a post from: Anglotopia.net

In recent press releases, Damian Green, the immigration minister, has announced that the UK Government is planning to give the current British immigration system a complete makeover to attract fewer but better qualified migrants to live and work in the UK. In particular, preferential treatment should be given to migrants who can contribute capital, skills and brain to the UK.

Thus, according to the minister, the UK needs to implement a more selective visa system arguing that “what we need is a system that… goes out to seek those people who are either going to create jobs or wealth or add to the high level artistic and cultural aspirations we have”. As a result, the UK Border Agency (UKBA) might reintroduce a form of UK visa category to select talented young professionals or individuals who have a track record in generating growth and business to boost the economic recovery. The government will also improve the system for some short-term business visitors and entertainers to ensure world-class performers are encouraged to come here. Of course, the sceptics amongst us, might argue that in light of the 2012 Olympic games, this could simply be a short–term fix to make the country more amenable to recognized artists, athletes and performers with the aim to raise the UK profile.

The government is also keen on reducing the number of immigrants by introducing tougher measures to remove illegal migrants and catch people breaking the rules. On the agenda, however, there are also new changes that might make it harder to sponsor spouses or partners of British citizens and person settled in the UK with the introduction of a salary threshold and higher level of English language. As a result, the government will soon be announcing further changes to the family migration and reforms to the UK settlement such as breaking the link between temporary and permanent migration and reviewing the annual limit on Tier 2/ work permit.

In his speech the Minister added that the ‘points based system’ of the past should ultimately be replaced by a ‘contribution-based system’ whereby migrants are checked to ensure they will add to quality of life in the UK. The Minister has also announced the introduction of a new route for international graduate entrepreneurs – international students who have engaged in innovative entrepreneurial activity during their studies and want to stay on afterwards to develop their business ideas.

UK Immigration: The Future of UK Migration – More Changes Coming Soon is a post from: Anglotopia.net

The Immigration Rules were amended on 6 April 2011 to include a new tougher criminality threshold. The key difference is that as of this date any unspent conviction will lead to a mandatory refusal of a prospective application to be granted settlement in the UK under the working and the family route. The new threshold is a much stronger requirement that the “good character” found at paragraph 322 of the Rules which sets out the general ground of refusal.

Thus, to assess your eligibility for settlement, it’s important to have an good understanding of the 1974 Rehabilitation of Offender Act which stipulates when a conviction can be deemed “spent”. In particular, a conviction becomes ‘spent’ after a specified rehabilitation period. This time depends on two key variables:

(1) the sentence imposed and not the offence committed and
(2) the age of the offender at the time of conviction.

Section 5(2) of the Act sets out the rehabilitation periods, however it is important to remember that certain convictions will never be considered spent and as such an applicant might never qualify for settlement in the UK. Depending on the specific circumstances of the case, the only option might be for the applicant to apply for an extension of his or her leave to remain.

For instance, under section 5(1) of the 1974 Act, a sentence for life imprisonment or as sentence of imprisonment for a term exceeding 30 months will never be “spent”. In addition, the sentence in question can be passed, or an order made, by the courts of any country, including court martial for persons subject to military discipline. Therefore, convictions outside of the UK will be treated as if that conviction occurred in the UK.

Finally, when calculating the rehabilitation period, one must bear in mind that this runs from the date of conviction and not the date of completion of the sentence. Also, the rehabilitation period is based on the length of the sentence, not the time (if any) actually spent in prison. Further, suspended sentences have the same rehabilitation period as sentences served.

However, there is some good news in so far as the UK Border Agency will exercise leniency in cases of Fixed Penalty Notice and Cautions. Receiving a Fixed Penalty Notice (FPN) is not a criminal conviction and should therefore be disregarded. The exceptions to this will be where either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple FPNs, particularly over a short period of time, and should be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the Rules.

Likewise, receiving a caution is not a criminal conviction and, despite conditional cautions carrying a short rehabilitation period, they are to be disregarded. However, a person who has multiple cautions, particularly over a short period of time, should be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the Rules.

The only exception to the new criminality requirement are applicants who are seeking settlement through the protection route (refugees and people who have been granted humanitarian protection). Highly skilled migrants programme (HSMP) who are covered by the HSMP ILR JR policy might be also exempt.

Similarly applications made by European nationals and their family members will be considered under the grounds of public policy, public security and public health.

We would strongly recommend any prospective applicants for settlement in the UK to seek professional legal advice particularly in cases where they might have had minor criminal offences and due to the complexity of the Immigration Rules.

UK Immigration: Can Criminal Convictions Affect your Ability to Settle in Britain? is a post from: Anglotopia.net

Living in the USA already possesses its own benefit and advantages but now there is another reason to celebrate being born in the USA.  As many people know making a visa application can be a daunting experience but the UK Border Agency has made this process a little easier for citizens of a small group of countries, one of which is the USA. Student visa applicants from the USA are considered low risk and as such have to provide less documentation and evidence when making their Tier 4 visa application.

If you are a US citizen and planning to study in the UK you can enjoy a simpler and smoother process when beginning your journey to the UK. The UK hosts four universities in the top 10 rankings list of best universities in the world. The University of Cambridge and Oxford are outstanding places to study and gain a British education providing that great English feel when learning at these historic establishments.

For students and potential students who have considered moving to the United Kingdom to take a college or university course, now is a great time to apply with less time wasted in the preparation process and more time thinking about your student life in England or other parts of the UK.
To be eligible for this “low risk status” the applicant only needs to be applying to a Highly Trusted University which most of the top ranked Universities come under.

These rules also apply for US students already in the United Kingdom. If any students have recently graduated they can apply for a Tier 1 Post study work visa also known as PSW which permits them to stay and work in the United Kingdom for 2 years after they complete their Degree.

If you are applying inside the UK you can obtain your post study work visa in one day using the UKBA’s sameday visa service at one of their Public Enquiry Offices (PEO) throughout the country. This option will reduce the usual waiting time from 8 weeks to 1 day so if you want to travel in a hurry or need a visa to show your employer this service will be ideal for you. Currently many of the PEOs are booked into January already so it is advised to plan ahead now.

The Tier 1 Post Study Work visa route is going to be closed in April 2012 to new applicants so if you have just recently graduated or will be graduating before this date get your application prepared and submitted so you can enjoy another two years of life in the United Kingdom.

UK Immigration: Americans planning to study in the UK are labelled low risk and enjoy an easier application process is a post from: Anglotopia.net

Be prepared for UK visa application form changes.

When the UK government announces changes in rules for a particular immigration category this can usually mean that the application form for that category is going to be updated. The announcement below from the UK Border Agency was one such notice.  Applicants applying for settlement in the UK on the basis of working for a required amount of time had their application form changed on 1st Nov 2011. The new application form Set(O) was released on 1st Nov 2011 and you will know you have the correct form if you have version number 10/2011.

What does this all mean?

If you send in the wrong application form the UKBA would reject an application. If you spend weeks or months preparing your settlement application and on the 31st October you completed it only to mail on the 1st Nov 2011 when the new application form was released your application stands a change of being rejected.

How can I avoid making this mistake if I’m preparing for an application?

The best way to keep up to date if you are either migrating to the UK or extending your leave you should regularly read the UKBA news section which always gives notices and news on upcoming changes to the immigration rules. These changes can be quite sudden so when you are in the preparation stage of making a visa application, check the UKBA news section regularly.

If you’re in doubt also consider contacting an authorized immigration consultant. Many consultants offer a free consultation and their websites usually provide lots of useful and updated information relating to immigration.

UKBA News Update

On 6 April 2011, the UK Immigration Rules were amended to introduce a salary requirement for settlement applications made by work permit holders and migrants under Tier 2 of the points-based system. Their applications must now include written confirmation from their employer or sponsor that they are being paid at or above the appropriate rate for their job as set out in the Tier 2 codes of practice.

From 31 October 2011, there will be further changes to the Immigration Rules. 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 you do not provide this evidence, your application may be refused.

Before the UKBA amended the Immigration Rules in April to incorporate an income requirement for settlement, they conducted an equality impact assessment. The 31 October changes to the Rules are considered to be relatively minor and do not change that assessment.

UK Immigration: UK Visa Application Form Changes is a post from: Anglotopia.net

Earlier this week the government accepted the Migration Advisory Committee (MAC)’s recommendations, which were submitted for consideration in September 2011. In its report, the MAC focused in particular on those industries and sectors where it deemed that resident workers are now available to fill the vacancies.

Although the MAC’s report advised the UK Border Agency (UKBA) to remove a total of 29 job titles from the Shortage Occupation List (SOL), the government has only approved removal of the following positions: secondary education biology teachers, speech and language therapists, pharmacists, veterinary surgeons and rank and file orchestral musicians. It is important to note that although these positions no longer appear on SOL, a UK employer or business can continue to sponsor migrants in these positions under the Tier 2 General scheme by meeting the Resident Market Labour Test.

In addition, following the MAC’s recommendations the following positions will be added to the shortage occupation list: actuaries, high integrity pipe welders, environmental scientists and geochemists.

The revised list will come into effect from 14 November 2011. This means that for applications covered by the annual limit, the new list will apply to all applications by Tier 2 sponsors for restricted certificates of Sponsorship made on or after 14 November 2011. For applications outside the annual limit, the new list will apply to all unrestricted certificates of sponsorship assigned to migrants on or after 14 November 2011.

On 6 April 2011, the UKBA introduced the requirement for Tier 2/Work Permit migrants applying for settlement in the UK to show that they are still needed by their employer and that they are being paid in accordance to the standard code of practice. However, according to the Statement of Changes, the government plans to introduce enhanced verification procedures whereby migrants will have to prove that they are being paid at the appropriate amount by producing mandatory documents when applying for settlement. Please note that at this stage there is no further information available as to what documents applicants will have to present as part of the application. Further details will be disclosed when the rules are being introduced and the guidance will be updated accordingly.

UK Immigration: Upcoming Changes to Tier 2 Work Visa Category is a post from: Anglotopia.net

Many people assume to migrate to the UK they have to follow UK immigration law. Unknown to many people there is another route into the UK. A separate set of rules governing the European Economic Area (EEA)which includes the UK provide a different set of immigration rules for those EEA citizens and their family members. AS the UK is part of the EEA area people can migrate to the UK under either set of immigration rules if they are eligible.

If you or your partner is an EEA national living outside the UK and have considered moving there for work, study or just to live and enjoy what the country has to offer then this is another way to enter the UK legally.

Advantages of the EEA immigration route:

• No Fees: That’s right, if you apply under the EEA rules you don’t have to pay any immigration fees to the UK government or any government departments. Generally, regular UK Immigration fees can be as much as £1000+ and steadily on the rise.
• No restrictions:  Work and benefits are not restricted like regular migrants under the UK Immigration rules.
• Keep your Passport: You can get your passport back and travel during applications and still not lose your place. If you have to travel for work or just leisure while your EEA application is being processed while in the UK you can request it back which takes around 10 days and travel. Then when the UK Border Agency are finally processing your application they will request your passport back to stamp it with your residence status (or provide a letter with your residence status).
• Fast processing: To enter the UK through the EEA route the Non-EEA family member has to first obtain an EEA Family Permit. These are usually issued within 2 weeks and as fast as 2 days sometimes. This would save you going through the hassle of a long settlement application through the regular UK Immigration route. Technically you don’t have to even apply for the EEA family permit but it makes your life much easier to have the approval when entering the UK.
• Route to British Citizenship: When you enter the UK your Non-EEA family member(s) can then apply for a residence card and after 5 years they can get Permanent Residence followed by British Citizenship if desired after another year. Note that EEA Applications for permanent residence after 5 residing in the UK for 5 years are not called Indefinite Leave to Remain which is the permanent residence equivalent for people under regular UK Immigration rules.

Disadvantages:

• Slow processing inside the UK: When you arrive in the UK and apply for a residence card the processing time is up to 6 months. Usually this is faster but by law the UK has to process your application within 6 months. Again there are no fees associated with any EEA applications making this immigration route very cost effective.
• EEA family member have to be exercising their treaty rights. This means they have to be working, studying, job seeking or self-sufficient. Also note that if the EEA family member is exercising their treaty rights as a student or self-sufficient they will need comprehensive medical insurance also.

So if you are married to a charming person from Ireland, Germany, Italy or anywhere else in the EEA you don’t have to worry about the complex and strict UK Immigration rules. Immigrate to the United Kingdom the easy route using your EEA rights.

About WM Immigration: Professional immigration firm based in London, United Kingdom authorised to provide UK Immigration advice. Visit our website at www.wmimmigration.com for more information

Guest Post: UK Immigration – The Easy Way to Migrate to the United Kingdom is a post from: Anglotopia.net

Guest Post: UK Immigration – Common UK Visa Application Mistakes is a post from: Anglotopia.net

The latest immigration proposals, announced on 13 July 2011, seemingly show a shift in policy from curbing the number of students to impose stringent criteria on family members to join the main applicant in the UK.

The definition of immediate family members in the Immigration Rules is narrower than the one found in the 2006 EEA Regulations as it only comprises spouses, civil and unmarried partners as well as children under the age of 18.  Only migrants settled in the UK are allowed to sponsor their parents and grandparents, however the required threshold is higher, as compassionate and compelling circumstances might need to be evidenced pursuant to paragraph 317 of the Rules.

The UK Border Agency (UKBA) has shown an almost creative flair in devising ever new ways to achieve the twin goals of routing out abuses and loopholes in the immigration system whilst curbing net migration to the UK. Having expressed serious concerns about the number of migrants who either overstayed their student leave or used the student route to work in the UK, the UKBA recently introduced severe restrictions on the ability of students to be joined by their family members, to extend their leave and to work in the UK. Further, the attractiveness of pursuing a graduate level degree in the UK has been greatly reduced by the inability of future applicants to switch into the Tier 1 Post Study Worker Scheme past April 2012.

The UK Government has also been strongly criticized for abolishing the Tier 1 General Scheme (highly skilled route) on 6 April 2011 and for introducing a cap on Tier 2 migrants (work permit holders).

Until now, the UK has embraced an open door policy for family members who are able to join migrants on limited leave to remain or once they are settled in the UK. In addition, the FCO and UKBA caseworkers are allowed to use their discretion when deciding applications submitted by family members.

Amongst the new proposals the UKBA intends to abolish the right of applicants to appeal against a refusal of a family visit mentioning that the high number of appeals have now become a drain on public resources in a time of recession. As of 9 May 2011 migrants are no longer required to request the UKBA for permission to marry or enter a civil partnership in the UK.  Thus, the proposal for immigration officers to be involved in the day-to-day work of marriage registries following the abolition of the Certificate of Application. This development is somewhat reminiscent of the “primary purpose of marriage”, a policy which the UK Government was forced to abandon due to the challenges brought in the English courts on both race and discrimination grounds.

Other controversial proposals are the prospective introduction of an income threshold as the one already in place for family members of Points Based migrants and to lengthen the probationary period after which a family member is  entitled to apply for settlement in the UK from 2 to 5 years. In addition, the settlement consultation which was launched on 9 June 2011 looks at breaking the link between coming to work in Britain and staying permanently. The main proposals include: capping Tier 1 to five years, applying a more selective process for settlement of Tier 2 holders, tightening of the route for temporary workers under the Tier 5 Schemeby restricting  the length of stay and the right to work and  bring in dependents and in the case of overseas domestic workers remove right to settle or change employer.

For family members, it must be noted that the UK remains a signatory of the European Convention of Human Rights (ECHR) and thus any policy which might be seen incompatible with the right of an individual to family and private life will be challenged in the court of law

UK Immigration: Latest UKBA Proposals – UK Visas for Family Members is a post from: Anglotopia.net

From an immigration point of view, it’s undeniable that it makes perfect sense for a foreign investor to enter the UK under the newly revised Tier 1 Entrepreneur category rather than the Tier 1 Investor due to the lower level of funds required to qualify. This article will discuss in details the changes made to this visa category by the UK Border Agency to encourage high net migrants and in particular entrepreneurs to establish their business in the UK. It also explains how to avoid the most common mistakes which might lead to the visa being denied.

On 6 April 2011, the Statement of Changes (863) significantly amended the requirements listed under paragraph 245(DB) of the Immigration Rules. In brief, to qualify under the Tier 1 Entrepreneur Scheme, the prospective applicant will need to claim 75 points under Appendix A as well as satisfy the English language and the maintenance requirements.

Once successful, an entry clearance is granted for 3 years and four months and the applicant will be able to be joined by his/her dependants as well as extend his leave in country for further two years. However, there are certain restrictions, most significantly no employment other than working for the business the applicant has established, joined or taken over in the UK.

We have assisted many applicants and in our experience, we have noted some common misunderstandings and mistakes which might sadly lead to a refusal, but can as easily avoided when the mandatory documents are properly put together.

As mentioned, an applicant must have a minimum of 75 points under paragraph 35-53 of Appendix A. In terms of investment, 25 points can be claimed by either showing that the applicant has access to no less than £200,000, or the applicant has access to no less than £50K from a registered ventured capitalist firms regulated by the Financial Services Authority (FSA), a UK Entrepreneurial seed funding competition which is endorsed on the UK Trade and Investment website or one or more UK Government Departments dealing with new business ventures.

The remaining 50 points can be claimed by providing the necessary evidence to show that the money is held in one or regulated financial institutions (25 points) and that the funds are freely disposable in the UK (25 points).

In some cases, an applicant might have already legally established a business in the UK and as such made an investment in the company. It is therefore important to have a full understanding of the applicant’s immigration history and financial records as the UK Border Agency will accept, if adequately documented, an investment made within the 12 calendar months before the date of application. Again, one has to be very accurate as to what the UK Border Agency understands as to the “date of application”. For out of country cases, this is when the entry clearance fees are paid, however for in country applications, is in fact the date of posting.

Also, often an applicant may wish to rely shares or assets in a company to claim the required 25 points. However, these can be used only once converted to money. If the money is held in different financial institutions, they must ALL be regulated by the FSA or the equivalent home regulator and must provide evidence of this. In our experience, the UK Border Agency will always access the FSA register and for overseas companies not registered with the FSA, they will contact the International Organization of Securities Commissions (IOSCO) or check the list of central banks on the Bank for International Settlements website.

It is also important to point out that the fact that financial institutions are trading on the stock markets will not be accepted as a guarantee that it is properly regulated.

Finally, the investment must be made within 6 months from the date of entry in the UK. However, there also specific requirements as to the type of investment which will be accepted by the UK Border Agency. For instance, the investment should not be in the form of a Director’s loan unless it is unsecured and subordinated in favour of third party creditors. Investment in property development and managements will not be considered for points. Also, not all businesses will be accepted for the purpose of a Tier 1 Entrepreneur application. Thus, it is essential for the business to be a registered UK office, a UK bank account and subject to UK taxation.

However, as an added incentive, successful entrepreneurs who create 10 jobs for resident workers or have a turnover of £5 million will be able to qualify for settlement on completion of 3 years in the UK.
Further, the UK Government recognises that business people and entrepreneurs might be discouraged by the strict residence criteria for settlement whereby migrants are expected to spend 9 out of 12 months in the UK. The rules have now been relaxed to allow maximum absences of up to 180 days per year.

Finally, there will be a new visitor visa category, the “Prospective Entrepreneur”, introduced to enable applicants to come to the UK to seek funding or to create a team for a business idea. The applicants will have to show that they have access to £50,000 and that a venture capitalist is committed to providing a further £50,000 for their proposed business. Unlike other visitors, prospective entrepreneurs are allowed to switch in country into the Tier 1 Entrepreneur category.

UK Immigration: A Guide to the Tier 1 Entrepreneur Visa – Investing in Britain is a post from: Anglotopia.net

On 6 April 2011, the UK Border Agency brought into force the Statement of Changes to the Immigration Rules (HC863) published on 16 March 2011. This article offers a snap shot of the most pervasive makeover of the UK immigration system seen in recent years with a discussion of the new proposals announced today and their likely impact on prospective migrants.

Amongst, the most important changes,the closure of the Tier 1 General Scheme has heralded the shift in UK’s policy from highly skilled migrants to high net migrants. However, Tier 1 G holders who are already in the UK will be able to extend their current status as long as they meet the requirements. The UK Border Agency has, also, decided to keep open the Tier1 (Post-study) Work route at least until April 2012. Under this scheme, foreign graduate students will be allowed to work for a period of two years. However, they will need to have obtained a recognised UK degree or higher qualification from a UK institution while on a student visa before the closure of the Scheme.

In addition, the UK Border Agency hasintroduced a new Tier1 (Exceptional Talent) open for 1000 migrants who have “won international recognition in scientific and cultural field, or who show exceptional promise”. It will be interesting to review the approval rate in the following months.

Finally, in line with the new policy of “rolling out the red carpet” for high net migrants, the UK Governmenthas amended the Immigration Rules to permit absences to 180 days in any 12 months period under the Tier 1 Investor and Tier 1 Entrepreneur Schemes. It has also shortened the qualifying period to 2 and 3 years depending on the amount of funds invested in the UK. It also introduced a lower threshold of £50,000 for entrepreneurs whose funds are received by(i) one or more registered venture capitalist firms regulated by the Financial Services Authority,or (ii) one or more UK Entrepreneurial seed funding competitions which is listed as endorsed on the UK Trade & Investmentwebsite, or(iii) one or more UK Government Departments, and made available by the Department(s) for the specific purpose of establishingor expanding a UK business.

Ona positive note, on 30 April 2011 the Worker Registration Scheme for A8 countries, who joined the European Economic Area in May 2004, was abolished.  Restrictions, however, remain in place for A2 countries, namely Bulgarian and Romanian nationals. Also, on 9 May 2011 the UK Government abolished the requirement to obtain a Certificate of Approval before marrying or enteringa civil partnership in the UK.  This hasnot affected the eligibility criteria to be met for an entry clearanceapplication as a fiancée/proposed civil partner or spouse/ civil partner.

There has been also discussion of introducing a same day service of applications submitted under the 2006 EEA Regulationsas the current processing times can be up to 6 months. However, the plan has been put on hold since it is unclear whether the UK Government would be allowed to lawfully charge for this service. The 2006 EEA Regulations have also been amendedat paragraph 12(b) to implement the European Court of Justice’s ruling onMetock whereby an a non-EEA family member will not need to reside inanotherEU country to qualify for a family permit.

Sadly, the UK Border Agency has also tightened the requirements to apply for settlement in the UK. In particular, applicants for settlement will need to meet a new criminality threshold and anew income requirement to claim 75 points asTier 1 General holders or by showing the appropriate salary as work permit holders and Tier 2applicants  in line with the UKBA Codes of Practice.

Finally, the UK Border Agency has also announced the following proposals:

• re-branding Tier 2 (the skilled worker route) as temporary, ending the assumption that settlement will be available for those who enter on this route;
• allowing certain categories of Tier 2 migrant, for example those earning over £150,000 or occupations of a specific economic or social value to the UK, to retain an automatic route to settlement;
• creating a new category into which, after three years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement;
• allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of five years with the expectation that they and any dependants will leave at the end of that time;
• introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement;
• restricting the maximum period of leave for Tier 5 Temporary Workers to 12 months; and
• closing or reforming routes for overseas domestic workers.

Again, it appears that the UK Government’s focus is to attract thosemigrants who might be able to to create wealth for the UK economy by shortening their qualifying period for settlement, while making it tougher for other migrants, in particular low skilled/low salary migrants byrebranding them as temporary workers in the UK.

UK Immigration: Latest Policy Updates and new UKBA proposals to End Tier 2 Right to Settlement is a post from: Anglotopia.net

The last few weeks have unveiled a complete rethinking of the immigration system and visa categories in the UK. On 6 April 2011, the Tier 1 General Scheme was abolished whilst the Tier 1 Post Study Work Scheme, after much speculation, was given a 12 months lifeline until April 2012.

The UK Border Agency has also introduced new criteria for Tier 1 Entrepreneurs and an accelerate route for settlement for those entrepreneurs and investors who are willing and able to make a substantial financial contribution to the UK economy.
Under the new 2011-2012 annual limit, employers will now be able to bring only 20,700 people from outside the EU to work in skilled professions under Tier 2 (General) of the points-based system. A further 1,000 visas will be made available to people of ‘exceptional talent’. Radical changes have also affected the student route and is likely that family’s visas will be next on the agenda.

However, this article will only focus on the changes to the settlement criteria and in particular:

• a new criminality requirement for all applicants;
• a new income requirement, and reform of the English language requirement, for those on work routes.

The UK Border Agency has decided to apply a stricter criminality threshold for settlement which means that applicants will need to be free of unspent conviction when applying for settlement as this might lead to their application being refused.
Applicants will need to disclose, among other things, all criminal convictions that have not yet been spent and civil proceedings made against them in the UK or any other country including any criminal convictions for which they have not yet been tried in court. Criminal convictions can include any convictions in a court such as TV licence offences and motoring offences such as drink and driving and road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were given in court.

From 6 April 2011, migrants in these categories can no longer meet the KOL requirement by passing an English for Speakers of Other Languages (ESOL) qualification, unless they are applying for settlement under the UKBA’s transitional arrangements.
In addition, all Tier 2 (General) and Tier 2 (ICT) migrants applying for settlement will need to provide a letter from the Sponsor that issued the Certificate of Sponsorship that led to the applicant’s last grant of leave certifying that (1) they still require the applicant for the employment in question and (2) they are paid at or above the appropriate rate for the job, on the date of application for settlement, as stated in the codes of practice for Tier 2 Sponsors.

Most significantly, Tier 1 General holders will need to comply with paragraph 245CD of the Rules whereby they will need to score 75 points if their last visa was granted before 19 July 2010 or 80 points for applications made post 19 July 2010 in terms of age, academic qualification, earnings and UK experience.

Please note that new forms and new fees are now in operation for settlement application. If you are concerned that you might not meet the provisions listed above or provide the mandatory evidence in support of your application, please feel free to contract us to seek professional legal advice.

UK Immigration: British Settlement and Citizenship Changes and Challenges Ahead is a post from: Anglotopia.net

The U.K. Border Agency has announced the closure of the Tier 1 PSW route. From April 2012, graduate students will no longer be able to apply for leave to remain in the U.K. following the award of their degree unless they have an offer of a graduate job from a sponsoring employer under Tier 2 of the points-based system. The sponsors will have unlimited access to certificates of sponsorships to allocate to migrants. However, applicants must switch to Tier 2 category prior to the expiry of their current Tier 4/Student visa. Migrants will have to meet the Tier 2 requirements, except for the Resident Labour Market Test.

The government has also announced its intention to develop a new entrepreneur route for bright and innovative students who have a business idea and want to make it work in the U.K. The Home Secretary said:

“International students not only make a vital contribution to the U.K. economy, but they also help make our education system one of the best in the world. But it has become very apparent that the old student visa regime failed to control immigration and failed to protect legitimate students from poor-quality colleges. The changes I am announcing today re-focus the student route as a temporary one, available to only the brightest and best. The new system is designed to ensure students come for a limited period, to study, not work, and make a positive contribution while they are here. I am delighted to announce that, alongside our stricter rules, we will ensure that innovative student entrepreneurs who are creating wealth are able to stay in the U.K. to pursue their ideas.”

There will also be an overhaul revamp to the Tier 4 Scheme as follows:

From April 2012, any institution wanting to sponsor students will need to be classed as a Highly Trusted sponsor, and will need to become accredited by a statutory education inspection body by the end of 2012. The current system does not require this, and has allowed too many poor-quality colleges to become sponsors.

Students coming to study at degree level will need to speak English at an “upper intermediate” (B2) level, rather than the current “lower intermediate” (B1) requirement.

U.K. Border Agency staff will be able to refuse entry to students who cannot speak English without an interpreter, and who therefore clearly do not meet the minimum standard.

Students at universities and publicly funded further education colleges will retain their current work rights, but all other students will have no right to work. We will place restrictions on work placements in courses outside universities.

Only postgraduate students at universities and government-sponsored students will be able to bring their dependents. At the moment, all students on longer courses can bring their dependents.

We will limit the overall time that can be spent on a student visa to 3 years at lower levels (as it is now) and 5 years at higher levels. At present, there is no time limit for study at or above degree level.

Unfortunately, the details of will only be fully known after a statement of changes to the Immigration Rules is published on March 31, 2011.

U.K. Immigration: Closure of the Tier 1 Post Study Work route confirmed – Student Visa Reforms is a post from: Anglotopia.net

On December 7, 2010, Damian Green, the Immigration Minister, made the following announcement:

‘This government wants high-calibre students with the genuine desire to study to come to our country to come for temporary periods, and then return home. We want to hear views of our proposals from a wide range of people so that our reforms meet this objective.”

As part of the overall intention to reduce net migration, the U.K. Border Agency also unveiled the closure of the post-study route under Tier 1 Scheme.

However, the Statement of Changes on the Immigration Rules (HC863) published on March 17, 2011 is silent on the abolition of this particular Scheme. The only amendments likely to be introduced are that where the academic institution is removed from one of the relevant lists, points will not be awarded for any award completed after the date the institution was from removed. In addition, points will not be awarded for qualifications obtained while the applicant was in breach of the U.K.’s immigration laws.

Please note that although the Tier 1 Post-Study workers will be able to switch in country under the Tier 2 Scheme, they will not be eligible to switch into the Tier 1 General Scheme, as the transitional arrangement post-April 6, 2011 will only apply to those who already have leave in this capacity or, under the HSMP, writers, composers, artists and self-employed lawyers.

UK Immigration: Tier 1 Post Study Work Scheme Visa News: Good news for prospective applicants! is a post from: Anglotopia.net

Earlier this week the government has published a statement of intent outlining major reform to the immigration system focusing on rebalancing the economy by supporting a private-sector-led economic recovery and rewarding those who contribute to the economic growth. The changes will come into effect on 6 April 2011 and will mainly benefit foreign entrepreneurs and investors by giving them an extra incentive to make the UK their main place of residence and invest their money in the economy.

Tier 1 Investor

Migrants coming to the UK under the Investor category will be able to take advantage of an accelerated route to settlement based on the size of their investment in the UK. Those investing £5 million will be eligible to settle in the UK after 3 years, with £10 million investment bringing the minimum residence time down to 2 years instead of 5 under the ‘old’ rules.

The new laws will benefit not only new migrants but also those already in the UK with large investments in place prior to the introduction of the new policy in April 2011.

Tier 1 Entrepreneur

There is also some good news for those with slightly less money who might qualify under the Entrepreneur category. Albeit, the standard investment threshold for an entrepreneur will remain at £200,000 from 6 of April 2011, those with £50,000 in funding from a reputable organisation will also qualify under this category. Moreover, migrants will be allowed to enter the UK with their business partners on the condition that they have access to joint funds. As an added incentive, successful entrepreneurs who create 10 jobs for resident workers or have a turn over of £5 million will be able to qualify for settlement on completion of 3 years in the UK.

Prospective Entrepreneur

From 6 April 2011 there will be a new visitor visa category, ‘Prospective Entrepreneur’, introduced to enable applicants to come to the UK to seek funding or to create a team for a new business idea. The applicants will have to show that they have access to £50,000 and, that a venture capitalist, a UK entrepreneurial seed funding competition or, a government department is committed to providing a further £50,000 for the applicant’s proposed business. Unlike the rest of the visitors, Prospective entrepreneur migrants, will be allowed to switch in-country to a Tier 1 (Entrepreneur) category subject to meeting the relevant criteria.

Finally, the UK government recognised that investors and entrepreneurs might have been discouraged by the strict residence criteria for settlement whereby migrants were expected to spend no less than 9 out of each 12 months in the UK. The rules will now be relaxed to allow maximum absences of up to 180 days per year.

UK Immigration: Is ‘rolling out the red carpet’ enough to attract more foreign investors and high net worth individuals to the UK? is a post from: Anglotopia.net

Faced with massive departmental budget cuts, the UK Border Agency has decided to be a little more entrepreneurial by increasing visa application fees by a large margin.

From UKBA Today:

Today, immigration Minister Damian Green has issued a Written Ministerial Statement (PDF 91KB opens in a new window) that proposes to increase immigration and nationality application fees for all those applying to study, visit, work or stay in the UK.

The new proposed fees (PDF 229KB opens in a new window) will be laid in Parliament in two separate regulations. These fees will not come into force untill they have been debated and approved in Parliament, but are due to take effect from 6 April 2011.

Fees for all types of visas are being increased across the board.

To see a complete list of the new fee structure, click here to view the entire proposal.

Here are a few highlights:

• Proposals to double the charge for a short-term student visa to £140.
• A fee of £2,214, up from the current £2,050, is also to be levied on applications made at a public enquiry office for indefinite leave to remain.
• The cost of applying for a 10-year visitor’s visa from outside the UK is to rise £52 to £702,
• Postal applications for indefinite leave to remain in the UK will be £972
• Single applications for British citizenship will be £836 and the fee for a joint application for British citizenship will rise from £1,010 to £1,294.
• A tier one, highly skilled, visa will cost £1,000;
• A sponsored skilled migrant, classed under tier two, will be charged £550 to apply by post or £850 to apply in person at a public enquiry office.

So, folks, not only is it getting much harder to even get a visa – they’re cranking up prices to make it even more out of reach for people who wish to live and work in the UK. Their plan to get less people to come to the UK should work out well for them, I know it’s going to keep us out for the foreseeable future.

UK Immigration: UK Border Agency To Dramatically Increase Visa Fees Across the Board is a post from: Anglotopia.net

Earlier this month, the U.K. government announced new requirements for those wishing to live and work in the U.K. under the Tier 1 and Tier 2 categories of the points-based system. The new rules will come into effective on 6 April 2011, and those applying on or after that date will have to meet the new criteria. However, those who applied for leave to enter or remain under Tier 1 or Tier 2 category prior to 6 April 2011 will have their applications considered under the old rules regardless of the date of a decision on their applications.

Tier 1 Visa Changes

Without a doubt, the most significant change to the U.K. immigration rules is the abolition of Tier 1 (General) and Tier 1 (Post Study Work) categories which were hugely popular amongst well educated young professionals wishing to gain work experience and further their professional careers in the U.K.

The out-of-country Tier 1 route was closed on 23 December 2010, and as of 6 April 2011 in-country switching into the Tier 1 (G) or Tier 1 (PSW) will no longer be an option for migrants.

The good news is that there will be transitional arrangements in place, which will allow those already in the U.K. under the Tier 1 (G)/HSMP category to extend their leave. However, the threshold for extensions will be raised to 100 points for those who were required to score 95 points when they were originally granted their Tier 1 (G) leave.

Migrants with an existing leave under the Tier 1 (PSW) category or its predecessor categories and those in Tier 4 will not be able to switch into Tier 1 (G), but will be permitted to switch into Tier 2 (General). The allocation of a CoS for the purpose of such a switching application will not count toward the annual limit in 2011/12. Furthermore, those switching from Tier 1 (PSW) category who have been in the post for six months or more will not be subject to the Resident Labour Market Test.

Tier 2 Visa Changes

According to the new criteria, a U.K.-based company will be able to sponsor only migrants in graduate-level positions. The applicants will have to meet a higher salary threshold and will have to prove competence in the English language to level B1.

These new requirements will not apply to Tier 2 migrants or work permit holders who were granted leave to enter or remain before 6 April 2011 or those wishing to work for a different employer. All changes of employers will be subject to the Resident Labour Market Test.

Similarly, all migrants with an existing leave under Tier 2 Intra Company Transfer won’t be affected by the new rules.

Indefinite Leave to Remain (SETTLEMENT) Visas

On the 23 November 2010, the Home Secretary set out the government’s intention to restrict settlement and to end the link between temporary migration for work or study and staying in the U.K. permanently. The U.K. government is planning further reforms and will be tightening the settlement rules from April 2011. Applicants interested in applying for ILR later this year are advised to follow the news regularly to avoid any disappointments.

U.K. Immigration: Tier 1 and Tier 2 visas: What Will Happen After 6 of April 2011? is a post from: Anglotopia.net

The UK Border Agency has published a Statement of Intent affecting the eligibility criteria for Tier 2 applications in the wake of the annual cap to be introduced on 6 April 2011. In particular, all Tier 2 jobs will need to be at a graduate level position. Significantly, prospective Tier 2 migrants will not necessarily have to hold an academic qualification, however they will need to show the required skills to meet the Standard Occupational Classification (SOC) recently amended by the Migration Advisory Committee (MAC).

As a result, the UKBA will no longer award points for individual qualifications. In addition, the necessary scoring criteria are going to be amended whereby a job with a salary less then £20,000 will no longer qualify. The UKBA has also divided Tier 2 applications between “restricted” and “unrestricted”. Only the former will require a UK employer to be issued with a Certificate of Sponsorship (CoS).

For a “restricted” CoS, an applicant will need to claim at least 32 points according to the newly revised table. For instance, if the vacancy is found in the shortage occupation list, the prospective migrant worker will automatically be able to score 75 points. In a different case scenario, if the job needs to be advertised, the applicant will be able to claim 30 points, while the remaining two points necessary to qualify might be met with a salary above £20K.

The Tier 2 General category will be limited by an annual cap of 20,700 CoS. In the first month, the UKBA plans to issue 4200 CoS, while the monthly quota for the remaining 11 months will be 1500. The UKBA also intends to allocate CoS according to the ranking criteria mentioned above. Therefore, an applicant who is able to score 105 points (75 for shortage occupation and 30 for a salary above £100K) will be selected above an applicant with a lower scoring assessment. An employer, who has applied for, but has not been allocated a CoS, will need to reapply the following month.

In addition, the English language requirement has also been raised from basic to intermediate (at level B1 of the Common European Framework of Reference for Languages). However, the English language requirement for Tier 2 Intra-Company Transfer has remained unaltered.

Those applications which fall into the “unrestricted” category will not require an employer to apply for a Certificate of Sponsorship. They are listed below:

• Intra Company Transfers;
• Tier 2 migrants extending their stay with their original employer;
• Tier 2 migrants with valid leave extending their stay by switching to a new employer;
• Those admitted in another category of stay and applying to switch in-country into the Tier 2 (general) category;
• Where transitional arrangements for those already in the United Kingdom as a Tier 2 migrant or work permit holder apply;
• Those seeking admission to fill a vacancy attracting a salary of £150,000 or more; or
• Tier 2 Sports People or Ministers of Religion

The Intra-Company Transfer route (not subject to the annual quota) will also be changed. The job will have to be listed in an occupation on the graduate occupation list. Further, only those applicants paid £40,000 or more will be able to stay for more than a year. They will be granted for 3 years with the possibility of extending for a further 2 years. Finally, those paid between £24,000 and £40,000 will be allowed to come to the UK for no longer than 12 months, at which point they must leave and will not be able to re-apply for 12 months.

The UKBA has not yet published the criteria to qualify under the new Exceptional Talent category or the revised points for the Tier 1 Investor or Entrepreneur. However, it can be concluded from the Statement of Intent that the goalpost has clearly shifted in favour of those employers and applicants with a higher salary on offer.

These changes are expected to be implement in April 2011.

UK Immigration: UK Border Agency Sets out New Tier 2 Regulations and Cap Details – New Income Requirement is a post from: Anglotopia.net

The UK Migration Advisory Committee has released it’s annual report. The UK government asked the body to cut the number of job eligible for automatic entry under the Tier 2 system.

The government asked that the MAC use the National Qualifications Framework (NQF) level 4 and above as the relevant benchmark. This will reduce the number of occupations qualifying for Tier 2 visas by 71, down from 192 to 121.

The shorter list of occupations means that Tier 2 applicants will only be able to apply for jobs covering the most skilled 39 per cent of the labour market rather than the current 56 per cent.

Among the occupations which would still qualify for entry under Tier 2 of the points-based system are nurses, teaching professionals, civil engineers and finance and investment analysts.

Occupations which were qualified as skilled to the old level but are not to the new one include retail managers, hairdressing and beauty salon managers, laboratory technicians, and estate agents.

This action should cut out about 10,000 visas a year and help the UK government achieve it’s targets of cutting down net migration.

So, bad news all around if you’re below college degree level qualified.

Stay tuned to Anglotopia for the latest UK Immigration News.

UK Immigration: UK Government Cuts Number of Skilled Occupations Eligible for a Visa is a post from: Anglotopia.net

Editor’s Note: The following is another great quest post from our friends at London Relocation Services – the people you should get in touch with when you’re planning on moving to London.

The decision to relocate to London is easier for some than others. Maybe you’re being transferred for your job and feel like you have no choice. Maybe you have no clue how you’re going to get a visa and job to live and work in the UK, but you’re bound and determined to get there. Regardless what bucket you fall into, everyone will agree there’s something special about the city of London worth moving for.

All right, let’s see if I can limit it to just ten lovely London things…[drumroll, please]:

1.  The layers upon layers of London history. The city of London dates back to ancient times, with a surprising amount of structures/artifacts still intact to prove it. One of my favorite moments of appreciating this aspect was standing in Ye Olde Cheschire Cheese with the founders of Anglotopia, when Jonathan commented, “This pub is older than America.” Historical sites and tales are endless, and many museums are free!

2.  London’s cultural diversity. You aren’t moving into a realm merely of men in tweed suits and bowler hats; you’ll be immersing yourself in a rich and spicy melting pot of all ethnicities. Listen to the languages, taste the food, feel the various fabrics, and see the world from an entirely different perspective.

3.  The perfect hub for travel. Whether you’re just road-tripping or jet-setting for a bank holiday weekend excursion outside of London, or delighting in the nationally mandated 5.6 weeks of vacation and joining the rest of Britain on its August mass exodus, there are simply not enough days in the year to accommodate all the places you can easily go to from London. Even just day-tripping in the UK is a valuable experience, but if you’re eager to skip the border, you can grab cheap flights on EasyJet or RyanAir or take the Eurostar into France.

4.  First-rate entertainment. Think about: if London is England’s Washington D.C. and New York City as the nation’s political and financial center, respectively, it is its Hollywood as well where entertainment is concerned. Be it at the West End theatres watching a musical or on your sofa watching TV, there’s gobs of talent in London waiting to be enjoyed. The variety of theatrical performances to choose from any given day is staggering, and the prices are more reasonable than Broadway. British humor on the telly alone is worth it with its dry cheekiness—the panel show in particular is a popular forum here with comedic banter on an array of topics.

5.  London’s public transportation. Allow me a shout-out to the incredible rail systems linking the city and its surroundings together in a sophisticated network via the Overground or Underground trains. The bus system (yes, those cute red double-deckers) also covers a wide range of routes, and, for both trains and buses, the Oyster Card is the easy way to pay your fare. To make the city even more convenient to get around in (and in a healthier way), they’ve just implemented the Barclays cycle hire scheme. And if you’re willing to cough up the extra pounds to take the classic black London taxi, at least you’ll be treated to a well-maintained and spacious vehicle with a (most of the time) courteous driver possessing an amazing memory for London streets. If going on foot, the street signs and lamps are very conducive to helping you cross the road, though you might want to mind the sidewalks…

6.  The food. Whether it’s local pub grub or exotic cuisine from all around the world, you will never experience more variety. Even the elusive Mexican food that we Americans so crave is becoming more prevalent on this side of the pond, and you’ve got your American food stores as fall-backs. The freshness of the food is another draw in this largely agricultural country—have your pick of it at the many open markets in the city as well as enjoy the fresher prepared meals at London’s grocers vs. the frozen, preservative-saturated TV-tray dinner variety.

7.  Shopping! Whether it’s the high street labels or the small boutiques (try Portobello or Camden for some fun finds), the latest from the runways of Fashion Week or the charms of vintage, you’ll find any range of creative styles strutting those sidewalks, truly rendering London a fashion capital. The Victorians would be amazed at how anything goes these days :)

8.  The architecture. I’ve already addressed the profound historical merit of the city, and much of this shows through in its present-day structures in which you’ll live, work, eat, and shop.  Maybe that doesn’t do it for you, but I’m a gal of aesthetics, so I enjoy the fact that I don’t have to be at a museum or palace to be treated to the intricacy and quality put into construction years ago—even as I type this, I can look out at a Victorian church and lovely row of terraced houses just beyond. Within my own flat, I crane my neck to look at the ceiling and delight in its ornate floral molding running around the entire perimeter, a special bit of eye candy along with other nooks and crannies to be found in older homes. Many London flats are located in these Victorian terraced houses, but the city also seems itching for modern architecture at any chance it gets (example: the “Gherkin”), and if you prefer modern construction for your living needs, you can find it in areas like Canary Wharf or Battersea.

9.  The mindset. Never in my life have I networked with such depth and frequency before moving to London. Because it is a diverse city, its population is comprised of many expatriates who are relocating to the UK and leaving their familiar support networks behind. This has the effect of making people very proactive in seeking friendship and professional contacts, opening themselves up more to new people and experiences than they might have in their home comfort zone. I’ve grown a lot in this respect and find this to be a very special aspect of the move that I hope you will enjoy as well.

10.  While I’ve listed these in no particular order, I’ll close here with a nod to the overall laidback, appreciative zest for life that Londoners have. When I consider what I see in abundance here, it’s pubs and gardens. And what these signify to me is a city that works hard but knows when to stop and play. It helps one strike a wonderful balance in urban life as opposed to the expected intensity. Sure, the financial district is buzzing by day here, too, but come 17:00, those business suits are filtering into their closest public house for a pint at day’s end, and even if you don’t drink alcohol, the pub atmosphere is just as cozy and calming to drink tea within. And for all the buildings that I just referenced in #8 above, a majority of windowsills are blooming with flowers and topiaries, and square blocks of prime central property are still gated off as private gardens for the residents to enjoy in addition to the public parks that abound (like Hampstead Heath, Kensington Gardens, Hyde Park, Battersea Park, and Richmond Park, to name a few). Leisure and green spaces are valued here as much as effort and commerce, and that’s a middle-of-the-road that suits me quite fine while still being far from the ordinary.

When it comes down to it, it’s quite impossible to say there are only 10 reasons to move to London, which in and of itself is your #11. So pack your bags and make that London relocation happen!

Guest Post: The Top 10 Reasons to Move to London From London Relocation Services is a post from: Anglotopia.net

Whether you say it in an American accent or a British accent, the definition of a job remains the same. In the form of a noun, the definition of a job is: “the regular work which a person does to earn money”*.

But this is sometimes easier said than done, in both countries. The job market has hardly had time to recover since the recession; you only need to put the keyword “jobs” into Google news to see this for yourself. Despite job cuts in a number of sectors, there are new jobs being created all the time; it all comes down to seeking the right opportunities. So how does one go about finding a job in the UK, especially in these times?

Getting your foot in the door

The competitive job market in the UK means you cannot be guaranteed a job simply because you’ve applied for it. It is common for potential employers to either ask for your CV or that you fill out an application form for an advertised position. This is the chance for you to advertise your experience, skills and personality to the best of your ability; this might just be your ticket to getting an interview.

A CV that shines

But how do you get your CV to shine? Employers in the UK expect CVs to be broken down into a number of sections; these include the important education history and employment history, but can also incorporate other factors such as achievements and interests. Having your CV written to the highest standards of grammar and spelling are also key points to remember, so make sure to use a spellchecker before sending it in.

Back to the beginning

If you haven’t got as far as writing your CV yet, don’t worry; the Directgov website has some helpful hints for writing a CV. You can also use their website to search for jobs. However, you can also look for jobs on other job engines online, or use more traditional methods such as looking in shop windows and signing up with recruitment agencies.

Searching for a job in the UK is much like searching for a job in the US; you just need to learn which portals to use for your search. Just remember to have faith in your CV, and keep your fingers crossed for that interview!

*Cambridge Dictionary Online. (2011). Definition of job noun. http://dictionary.cambridge.org/dictionary/british/job_1.

Guest Post: How to Search for a Job in the UK – Job Hunting in Britain is a post from: Anglotopia.net

In one of the most eventful years in immigration history, 2010 saw new immigration policies introduced that have caused controversy and divided opinion amongst politicians and UK employers alike. What seem to be very draconian measures are perceived by some as the Coalition’s need to appear tough on immigration and put its own stamp on the political agenda: an agenda that can be best summarised in Immigration Minister Damian Green’s own words: ‘The government remains firmly committed to reducing net migration to the tens of thousands.’ The new policies certainly seem to confirm this statement, but are they a step too far? With this in mind, we are going to review the most significant changes made over the past 12 months and attempt to chart the possible future course for UK immigration.

Timeline

6^th January 2010

New biometric requirement introduced for all Tier 2-sponsored workers who are now required to obtain an identity card for foreign nationals.

The civil penalty regime introduced by the Immigration Asylum and Nationality Act 2006 remains one of the cardinal pillars of immigration. Foreign workers caught working illegally for UK companies have dominated the UK Border Agency’s news section, resulting in small, medium and large companies being named and shamed on the UKBA’s (UK Border Agency) website.

22^nd February 2010

Student and academic institutions wishing to register under the Tier 4 Scheme now subject to the issuing of an electronic Confirmation of studies (CAS) – mandatory for in-country as well as out-of-country students’ applications.

Further restrictions were brought into force on the 3^rd March for students pursuing courses below degree level.

6^th April 2010

A much higher threshold set for Tier 1 General applicants by raising the earnings band as well as reintroducing points for bachelor degree qualifications and amending the age category to allow points to be claimed for those up to the age of 39.

The new table allowed applicants with gross earnings above £150K to qualify without any academic or professional qualifications and the initial grant of status was reduced to two years as opposed to three years under the previous rules.

Also in April, the Intra Company Transfer (ICT) route was replaced by three categories: Established Staff, Graduate Trainee and Skills Tranfers.  For this visa category, the most significant changes were increasing the qualifying period of prior employment from 6 months to 12 months and removing the entitlement to apply for settlement.

19 July 2010

Temporary cap introduced for Tier 2 and Tier 1 General applications made overseas. In addition, the Tier 1 General’s threshold was raised from 75 to 80 points under Appendix A whilst a monthly quota was set at 600.

Employers and sponsored workers were penalised by the introduction of a cap on the number of Certificates of Sponsorship (CoS) to be issued, with none available for newly registered sponsored, except in exceptional circumstances.

29 November 2010

UK Border Agency introduced a new English language test affecting those applying for leave to enter and/or remain in the UK as a spouse, civil partner, unmarried partner, same-sex partner, fiancée and prospective civil partner of a British citizen or a person settled in the UK.

All applicants in any of those categories wishing to come and/or remain in the UK are now required to demonstrate basic knowledge of English at least equivalent to A1 level.

23 December 2010

UK Border Agency announced that it would stop accepting Tier 1 General applications made overseas as the temporary limit had been reached. Tier 1 General application made in-country and Tier1 Post Study worker applications (in-country and out-of-country) will only be available until April 2011.

This policy appears to be the UK Border Agency’s response to the High Court, who on 17^th December 2010, declared the interim cap imposed on Tier 1 and Tier 2 entry clearance applications to be unlawful since the measure had not been subjected to Parliamentary scrutiny. It is not yet clear whether the Government might seek to appeal the High Court’s decision.

Other Important Changes

Following the advice of the independent Migration Advisory Committee (MAC) published in November 2010, the UK Government announced new measures to manage the numbers of people from outside of Europe who are allowed to come to the UK. Thus, as of 1^st April 2011, the following measures will be introduced:

• The Tier 1 (General) highly skilled worker route will be closed.
• Tier 1 ‘Exceptional Talent’ sub-category will be introduced. This route will cover migrants who have won international recognition in scientific as well as cultural fields with a limit of 1,000 places.
• The Tier (1) Entrepreneur route will be reformed to make it more attractive and create a new avenue for promising start-up companies which do not meet the investment threshold.
• Tier 1 (Investor) route will offer an accelerated route to settlement, depending on the level of investment.

There will also be new changes affecting the Tier 2 Scheme and sponsored workers. In particular, this route will be subject to a limit of 20,700 places for all UK employers.  However, this limit will not apply to in-country applications from those already in the UK, dependants of Tier 2 migrants, Tier 2 (General) applicants who are filling a vacancy with a salary of more than £150,000, Tier 2 Sportsperson and Minister of religion applicants as well as ICT applicants.

Tougher Times Ahead

Tier 2 General Scheme qualifying criteria will be restricted to graduate-level vacancies. The existing Tier 2 (General) migrants in jobs below graduate level will be able to extend their permission to stay only if they meet current requirements. In addition, the minimum level of English language competency will be increased from basic to intermediate level (B1 on the Common European Framework of Reference). Applicants in the Established Staff sub-category will be able to stay in the UK for up to 5 years as long as their salaries exceed £40,000 per year, but those paid between £24,000 and £40,000 will only be able to enter for up to 12 months within a specified period.

Students

This year, it is likely that the Government’s focus will turn to the numbers of students coming to the UK, and the new proposals could see the Tier 4 Scheme restricted mainly to those studying degree-level courses and to child students unless the institution is a Highly Trusted Sponsor offering courses below degree level (NQF 3, 4 and 5) to adult students. English language competence is also likely to become the key indicator of someone’s eligibility to complete a higher-level course and there is a proposal to raise the language to B2 competency. Furthermore, it is likely that only Tier 4 students studying for more than 12 months will be allowed to bring their dependants with them to the UK. Work restrictions will be set for both main applicants and their dependants who will not be able to work unless they qualify in their own rights.

Settlement

We are also concerned that very significant changes will be introduced for settlement applications, in particular a higher criminality threshold, Tier 1 and Tier 2 holders might be required to meet the salary criteria that applied when they last extended their permission to stay while highly skilled migrants will be asked to pass the ‘Life in the UK’ test prior to gaining settlement.

Looking Forward

Even in the eyes of a seasoned immigration practitioner, this has been an annus horribilis in UK immigration policy due in no small part to some very innovative measures introduced by the Coalition to cherry-pick from a rich source of migrant workers. UK businesses have been able to apply some pressure on the Government, and despite the rhetoric it is a known fact that the UK economy needs not only a sustainable, but a flexible immigration system capable of attracting foreign money, labour and perhaps more importantly, brains. In our experience, the UK Government has increased the quality and efficiency of the different services provided, but unfortunately, discretion is rapidly becoming a thing of the past. On a more positive note, the appeal system is strong and remains resilient to the Government’s agenda.  Our wishes and hopes are for the UK to remain a tolerant, fair and welcoming multicultural society.

UK immigration specialist Monika Jablecka of London-based Migra & Co is only too aware of the difficulties faced by companies and individuals trying navigate the visa application process. She says. ‘It’s vitally important that foreign businesses considering a move to the UK, seek professional and competent immigration and visa advice. It will almost certainly prove costly and time-consuming for them not to do so’. Monika, whose extensive knowledge and experience of immigration law has seen her become one of the UK’s leading immigration specialists. Free visa assessment service can be found on the Migra & Co website.

UK Immigration: New Immigration Rules – What Impact Will They Have on Life in the UK? is a post from: Anglotopia.net

On 17 December 2010, the High Court (HC) found the interim cap imposed on Tier 1 and Tier 2 entry clearance applications to be unlawful since the measure was not subjected to Parliamentary scrutiny. Following this positive judgment, migrants’ expectations were significantly raised as many individuals were unable to apply due to the 600 monthly quota imposed on the Tier 1 General Scheme. Similarly, Tier 2 Sponsors have been prevented from issuing Certificates of Sponsorship beyond their allocations.

However, the UK Border Agency has decided to stick to its guns and although it’s not yet clear whether it might seek to appeal the HC’s decision, it announced today that it will stop accepting Tier 1 General applications made overseas as of 23 December 2010. The alleged goal is to avoid exceeding the limit set for Tier 1 (General) applications between 19 July 2010 and April 2011.

Immigration Minister Damian Green said:

‘This judgment does not affect the annual cap in any way. The interim limit was a temporary measure introduced specifically to tackle a rush of applications ahead of the introduction of the annual limit.[…] The government remains firmly committed to reducing net migration to the tens of thousands.’

In a nutshell, this means the implausible situation whereby as of today there is no cap on Tier 1, however as of the 23 December the Tier 1 General will stop to exist for prospective overseas applicants.

The government has also set a limit until 5 April 2011 on the number of certificates of sponsorship that are available to licensed Tier 2 sponsors. The threshold will be 10,832 and the changes will have immediate effect.

This appears to fly in the face of the recent judgment, however it remains to be seen whether the UKBA’s game will pay off or be again challenged in the court of law.

UK immigration specialist Monika Jablecka of London-based Migra & Co is only too aware of the difficulties faced by companies and individuals trying navigate the visa application process. She says. ‘It’s vitally important that foreign businesses considering a move to the UK, seek professional and competent immigration and visa advice. It will almost certainly prove costly and time-consuming for them not to do so’. Monika, whose extensive knowledge and experience of immigration law has seen her become one of the UK’s leading immigration specialists. Free visa assessment service can be found on the Migra & Co website.

Guest Post: UK Immigration – UK Border Agency defiant – Tier 1 Scheme will cease on 23 December 2010 is a post from: Anglotopia.net

Editor’s Note – This is great news for people looking to move to the UK. It’s not yet clear when the UKBA will remove the cap – but we’ll keep you posted.

Good news is often the exception to the rule in the immigration world. However, today, immigration practitioners and migrants alike have the opportunity to rejoice the High Court’s decision to rule unlawful the introduction of the immigration cap on 19 July 2010.

The judicial challenge was brought by the Joint Council for the Welfare of Immigrants and the English Community Care Association as the latter was hit particularly hard by the cap imposed on workers in the care sector.

It’s important to notice that the High Court has not ruled unlawful per se the nature of cap on Tier 1 and Tier 2 entry clearance applications, but rather the way in which the Home Office has rushed the policy with utter disregard for the proper parliamentary procedures.

Still, the end result remains the same as Lord Justice Sullivan and Justice Burton have declared unlawful the limits imposed on Tier 1 and Tier 2 applicants.

Significantly, this breaking news has not yet made its appearance on the UK Border Agency’s website. However, this can only be seen as a considerable blow to the Home Office’s stated goal to reduce net migration to the UK.

Although the UK Border Agency has the opportunity to appeal the decision, it will also need to implement in the interim some transitional arrangements for those migrants and UK employers penalized by the cap. This might prove a fairly messy exercise and in spite of this victory, it’s unlikely that the plan to have a more permanent cap in April 2011 will be dropped.

UK immigration specialist Monika Jablecka of London-based Migra & Co is only too aware of the difficulties faced by companies and individuals trying navigate the visa application process. She says. ‘It’s vitally important that foreign businesses considering a move to the UK, seek professional and competent immigration and visa advice. It will almost certainly prove costly and time-consuming for them not to do so’. Monika, whose extensive knowledge and experience of immigration law has seen her become one of the UK’s leading immigration specialists. Free visa assessment service can be found on the Migra & Co website.

Breaking News: UK Immigration – Immigration cap declared unlawful by the High Court! is a post from: Anglotopia.net

Editor’s Note: The following is a guest post from Monika Jablecka of London-based Migra & Co about the coming changes to the UK Student Immigration system.

Last week the UK Immigration authorities launched a public consultation on the reform of the Tier 4 Scheme with a view of implementing tougher criteria as well as limits on employment and opportunities to extend students’ stay in the UK.

The student route accounts for two-thirds of migrants entering the UK each year and according to the Immigration Minister, Damian Green, as many as 41 per cent of students coming to the UK under the Tier 4 route are pursuing courses below degree level. Mr Green believes that it is pivotal for the UK to attract talented students from abroad, however, he has emphasized the importance of implementing a more selective approach in deciding who can come to the UK and how long they can stay. The data collected by the Home Office indicates that many students coming to study courses below the degree level are often more focused on finding work than their studiesin the UK

The UKBA’s main aim behind the 8 weeks consultation is to find a workable solution which would help to reduce the number of students coming to the UK. In particular, the consultation will focus on the following issues:

• reducing the number of people coming to the UK to study below degree level;
• introducing a tougher English language requirement;
• ensuring that students wishing to extend their studies show evidence of academic progression;
• limiting students’ entitlements to work and their ability to bring in dependants; and
• improving the accreditation process for education providers, alongside more rigorous inspections.

The new proposals could see the Tier 4 Scheme restricted to those studying largely degree-level courses and to child students, unless the institution is a Highly Trusted Sponsor. English language competence is likely to become the key indicator of someone’s eligibility to complete a higher-level course.

The drive to ensure that students return overseas after their course finishes will mean students will have to leave the UK and apply for a new visa to further their studies, and show evidence of progression to a higher course. It will also see the closure of the post-study route under Tier 1Scheme which previously allowed graduate students to gain work experience in the UK for at least 2 years.

In addition, the UK immigration authorities will monitor closely the Tier 4 sponsors to ensure full compliance with the regulations as well as the highest standard in the education provided by private institutions.

UK immigration specialist Monika Jablecka of London-based Migra & Co is only too aware of the difficulties faced by companies and individuals trying navigate the visa application process. She says. ‘It’s vitally important that foreign businesses considering a move to the UK, seek professional and competent immigration and visa advice. It will almost certainly prove costly and time-consuming for them not to do so’. Monika, whose extensive knowledge and experience of immigration law has seen her become one of the UK’s leading immigration specialists. Free visa assessment service can be found on the Migra & Co website.

UK Immigration: Shake-up of the Tier 4 Student Visa System is a post from: Anglotopia.net