The home secretary, Theresa May, has been warned that she needs to consider bringing in more eastern European workers from countries such as Ukraine and Russia to theUKor face a sharp rise in fruit and veg prices and job losses in Conservative heartland seats.

The official migration advisory committee (Mac) says British farmers should be able to recruit a sufficient number of seasonal fruit and vegetable pickers in the first one or two years after labour market restrictions on Bulgarian and Romanian workers are lifted in December.

But it says there will be a lack of available seasonal migrant labour in the medium term, which will lead to a rise in labour costs and a 10-15% increase in supermarket prices.

Its report, published on Tuesday, warns that shops and supermarkets are likely to turn to cheaper foreign fruit and vegetables, leading to job losses in the British horticultural industry.

The industry is concentrated mostly inKent,East Angliaand Herefordshire, and local Tory MPs have already issued warnings to the home secretary.

The seasonal agricultural workers scheme (SAWS), which allows an annual quota of 21,250 Bulgarian and Romanian workers to come to Britainfor a maximum of six months, accounts for a third of Britain’s seasonal agricultural workforce. The scheme is due to close at the end of this year, and the migration experts expect sufficient numbers of Romanians and Bulgarians will come in the short term. But in the medium term of one to two years they would be increasingly likely to move to other permanent, better-paid jobs in the hospitality, care and construction sectors.

The scheme is crucial to the supply of strawberries, salad, apples and other soft fruit and vegetables to British shops and supermarkets.

David Metcalf, the Mac chairman, said migrant workers were not displacing British labour. He said British workers did work in fruit and vegetable picking but wanted permanent jobs and did not want to be tied to a farm living in a caravan or a pod, as required by many farmers.

The migration experts say the home secretary should consider replacing the seasonal workers in the scheme with labour from outside Europe – in particular countries such asUkrainewhich has a high number of agricultural students.

Metcalf said a decision to replace the scheme in this way would mean the government taking a decision to protect the British horticulture industry as a favoured sector.

The seasonal agricultural workers scheme dates back more than 60 years.

The Mac report says any decline in the supply of seasonal labour could lead to increased pay, increased recruitment costs and a fall in efficiency in production. Supermarkets told the migration experts there was very little flexibility on price for British fruit and vegetables and they were highly likely to switch to imported produce.

“If growers cannot get the required labour, evidence suggests that a replacement SAWS would help horticulture thrive in the long run, but it is ultimately for the government to decide if this sector is a priority.”

A government spokesman said: “We are grateful for the Mac’s report and note its conclusion that there is little evidence the supply of seasonal labour will decline in the next one or two years.

“We shall consider the Mac’s advice very carefully. However, in general we want to encourage employers to recruit from the resident labour market where possible,” he said.

Fourteen immigration offenders have been arrested following our Home Office Immigration Enforcement operation at a double glazing manufacturer and supplier in Welham Green, Herts.

Acting on intelligence, our officers visited Advanced Sealed Units Ltd at Travellers Lane on 9 May.

Checks on the immigration status of staff revealed 11 men aged between 25 and 56 and a 28-year old woman, all from India, who were working illegally. They were arrested and have all been detained pending their removal from the country.

The business has been issued with a fine for employing the illegal workers. If the employers are unable to provide evidence that legally required pre employment checks were carried out on the men, a fine of up to £120,000 will be given.

Our officers then carried out visits to two residential addresses in Welham Green where 2 more immigration offenders were encountered.

A 31-year-old visa overstayer from India was arrested at Oxlease Drive and taken into immigration detention. A 41-year-old Indian visa overstayer was arrested at Woods Close and released on immigration bail.

Jon Greenbank, Immigration Enforcement, Home Office said:

‘Teams across the country carry out operations like this on a daily basis. There is no hiding place for offenders and we will seek to remove anyone who we find to be in the UK illegally.

‘We are happy to work with businesses to let them know what checks need to be done on staff. Those who choose to break the law should know that we are out there looking for them and they will face heavy fines.

‘I would urge members of the public with detailed information about suspected immigration abuse to get in touch.’

In another attempt to curb immigration, the government now plans to force all landlords to check the visa status of existing and prospective tenants.

Here is a link to the Queen’s speech as reported by the BBC.

If your organisation has a large number of rental properties, we can assist you with streamling the visas checks. Feel free to call or come along to our one of our weekly webinars on compliance.

Below are details published by UKBA regarding Independent Chief Inspector of Borders and Immigration reports. The role of the Independent Chief Inspector of Borders and Immigration was created to provide an independent, external assessment of the Home Office, both in the UK and abroad.

The Chief Inspector is independent of the Home Office, and reports directly to the Home Secretary.

The role and its responsibilities

Individual cases or complaints are not handled by the Chief Inspector. The role is to review the Home Office and Border Force’s procedures, such as:

• the availability of ways to make a complaint;
• ensuring that queries are responded to within published service standards; and
• ensuring that any actions taken to improve the organisation are effective.

The Chief Inspector reports on efficiency and effectiveness, with particular focus on:

• the consistency of approach within the Home Office and Border Force;
• the Home Office and Border Force’s performance compared with other bodies carrying out similar ranges of activity;
• the quality of decision-making and the use of enforcement powers;
• the provision of information to the public, applicants and claimants;
• the treatment of individuals, including the handling of complaints; and
• how the agency meets its commitments on UK discrimination law.

Inspections of the Home Office

Inspections are intended to drive improvements in the Home Office and Border Force performance, and to identify and promote best practice.

The Chief Inspector adopts a variety of approaches to inspections, including:

• site visits;
• review of sample case files;
• interviews with staff, stakeholders and the public; and
• other methods such as ‘mystery shoppers’, as appropriate.

Inspections may be planned (from a published list) or unannounced.

Inspection reports

Following an inspection, a report is published identifying strengths and weaknesses. All good practice identified in reports becomes recommendations to be adopted by the UK Border Agency and Border Force. The Home Office and Border Force is expected to make an action plan to tackle any shortfalls identified by the report.

To view all the Chief Inspector’s reports published prior to May 2010, and the Home Office’s responses to them, see the UK government web archive.

The Home Office is removing the full right of appeal for applicants refused leave to enter the UK as a family visitor.

The right of appeal was originally introduced further to prolonged lobbying by a number of organisations as it was very unfair to refuse family members from travelling to the UK for weddings, funerals and other family related matters.

UKBA have confirmed that the change is expected to come into force on 25 June. The new appeal arrangements will apply to anybody who applies to enter the UK to visit a family member on or after the implementation date.

By removing the right of appeal, UKBA state that are bringing the family visitor visa in line with all other visitor visa categories. Applicants who are refused can re-apply addressing the reasons for refusal instead of appealing. UKBA state that this will be quicker and cost less than an appeal.

Interestingly, what UKBA fail to mention is the fact that on appeal the family member usually wins!

Sadly now we’re back to the same old system which didn’t work in the first place and many families will feel the loss of a family member at significant times.

The Government has published draft legislation establishing a statutory residence test for individuals coming to and leaving the UK.

The new test will determine an individual’s liability to UK income tax, capital gains tax and (in some cases) inheritance tax. Many of the new provisions differ from the current residency rules and existing non-UK residents who expect to spend some time in the UK in tax year 2013/14 should check whether the new test will affect them.
Background

At present, the UK does not have a statutory test to establish UK residency. The currebt rules are complex with many “grey areas” meaning taxpayers cannot always be certain how their tax affairs will be assessed.

The new rules seek to produce a test that taxpayers can use to provide a conclusive answer on whether they are UK resident from one tax year to the next.

The new rules

The new statutory rules consist of three separate tests:-
1. an automatic non-residence test;
2. an automatic residence test; and
3. a “sufficient ties” test.

If you satisfy the non-residence test, you will be classified as non-UK resident. Otherwise, you will need to look at the second two tests and if you satisfy either one, you will be regarded as resident in the UK for tax purposes.

Automatic non-residence test

You will be classified as non-UK resident in tax year 2013/14 if any of the following apply:-
• you were resident in the UK for one or more of tax years 2010/11, 2011/12 or 2012/13 and spend fewer than 16 days in the UK in 2013/14;
• you were resident in the UK for none of tax years 2010/11, 2011/12 and 2012/13 and spend fewer than 46 days in the UK in 2013/14; or
• you work full-time overseas in 2013/14 and spend fewer than 91 days in the UK of which fewer than 31 days are working days.

There is a further test that applies to determine a deceased individual’s tax liability and there are particular definitions for what constitutes a “day spent in the UK” and a “working day”. To determine residence in preceding tax years (for this and the tests below), the prevailing rules for that year apply; however, you can elect for the new rules to apply if this would be beneficial.

Automatic residence test

You will be classified as UK resident in tax year 2013/14 if any of the following apply:-
• you spend 183 days or more in the UK;
• you have a home in the UK for a period of more than 90 days, are present there on at least 30 separate days during the tax year and, while you have that UK home, there is a period of 91 consecutive days when you have no home overseas or you have one or more homes overseas in none of which you are present for more than 30 days during the tax year; or
• you work full-time in the UK for 365 days or more with no significant break, all or part of that work period falls within 2013/14 and more than 75% of the total number of days in 2013/14 that are working days, are working days spent in the UK.

There is a fourth test applicable to deceased individuals. “Home” has no statutory definition so care must be taken that any place you use when in the UK cannot be classified as such. The guidance available suggests that genuine holiday homes and temporary retreats will not be caught but this is subject to conditions.

Sufficient ties test

This test looks at your ties to the UK. These are listed below with reference to tax year 2013/14.

• Family tie: Your spouse, civil partner, cohabiting partner or minor child is UK resident in 2013/14. There are exceptions for minor children who are in the UK for full-time  education or who you visit in the UK for fewer than 60 days.
• Accommodation tie: You have accommodation available to you for 91 days or more in 2013/14 and you spend one or more night there (or 16 or more nights if the accommodation is that of a close relative).
• Work tie: You do more than three hours work a day in the UK for at least 40 days in 2013/14.
• 90 day tie: You spend more than 90 days in the UK in either or both of 2011/12 and 2012/13.
• Country tie: The UK is the country in which you are present for the greatest number of days in 2013/14.

This tie only applies if you are resident in the UK for one or more of 2010/11, 2011/12 or 2012/13. The number of “ties” that are sufficient to make you UK resident depend upon whether you have been UK resident for any one of the last three tax years (a “recent UK resident”) and how many days you have spent in the UK. The table below shows how many ties will be sufficient to establish UK residency in any of the given periods:-

Days Spent in the UK in 2013/2014 – 16-45:

Ties Needed for a Recent UK Resident – At least 4

Ties Needed for Someone Who is Not a Recent UK Resident – N/A

Days Spent in the UK in 2013/2014 – 46-90:

Ties Needed for a Recent UK Resident – At least 3

Ties Needed for Someone Who is Not a Recent UK Resident – All 4

Days Spent in the UK in 2013/2014 – 91-120:

Ties Needed for a Recent UK Resident – At least 2

Ties Needed for Someone Who is Not a Recent UK Resident – At least 3

Days Spent in the UK in 2013/2014 – Over 120:

Ties Needed for a Recent UK Resident – At least 1

Ties Needed for Someone Who is Not a Recent UK Resident – At least two

The number of ties needed for a deceased individual is calculated differently.

Just typical. UKBA are on strike on Tuesday 16 April 2013. This means, all applicants with PEO appointments schedule for that day have been cancelled. UKBA should be in touch to rearrange your appoint.

See below UKBA notice on the upcoming strike :

“The Public and Commercial Services (PCS) union has confirmed that it will be asking members across the civil service to participate in industrial action. The action will consist of a number of one day strikes across Home Office business areas on 16, 17, 18 and 19 April 2013.

We are currently implementing well-rehearsed local contingency plans to deal with the strike action and do not expect any significant disruption. Our top priority is to ensure the continuation of our public-facing services and our public offices will remain open for business.

We will contact any customers who have appointments, and may be affected, to reschedule appointments as necessary. If we do not contact you, you should attend you appointment as arranged.

If you call one of our customer contact centres you may experience longer than usual wait times. We would ask you to be patient and we will answer calls as quickly as possible.

We apologise for any disruption to services that may occur as a result of this industrial action.

Please monitor our website for further updates.”

Below is an update from UKBA concerning London Metropolitan University whose licence was revoked last year. The revocation caused a huge amount of stress for the students and a financial disaster for the university. If your organisation has any concerns regards your ability to comply with the rules, please contact us.

Dear Sponsor

London Metropolitan University granted a new licence to sponsor international students

Today the Home Office has announced that it is granting London Metropolitan University (London Met) a new licence to sponsor international students. This follows a series of inspections which show that the university has made significant improvements to its systems and administration. The university now meets the requirements needed to teach international students from outside the EEA.

In line with Home Office policy, the university will be subject to a probationary period to demonstrate a track record of good compliance. During this period there will be a limit on the number of international students the University can recruit.

Inspection teams looked at the areas of concern that led to the university’s tier 4 licence revocation last year and have worked with University staff to ensure they have appropriate processes for recruiting and monitoring international students. This close working provides an example of how we can help institutions to ensure they meet the standards required under the Highly Trusted Sponsor scheme.

Following the university’s tier 4 licence revocation last year the Home Office worked to support affected students through the taskforce led by the Higher Education Funding Council for England and through a dedicated student helpline. Since the revocation Home Office staff have worked alongside staff at London Met to address the problems highlighted last year.

British universities are among the best in the world and there is no limit on the number of students who can come to the UK, providing they meet basic language and maintenance requirements. But sponsoring institutions must take their obligations seriously and comply with Home Office guidance and rules. Our staff are available to work with the sector to ensure that education providers understand the system and remain responsible sponsors of international students.

The Home Office will shortly be launching a dedicated University Assurance Team which will undertake all future university audits. We also continue to run our pilot of the Account Management Service for universities. This provides each university with a dedicated account manager to support them with any queries relating to their sponsor licence.

Home Office