We recently did an audit for one of our clients and unfortunately it didn’t go very well!

We can’t stress enough the importance of immigration compliance. Retaining and recording the correct information, checking passports and so on are so vital and could potentially save your company thousands of pounds in the long run. 

Making small mistakes could be the difference between employing a person with the right to work and employing a person without the right to work which may then result in fines of up to £10,000 per illegal worker.

The UKBA have published information on their website on how to prevent employing illegal workers, knowing which EU nationals have the automatic right to work, sponsoring migrant workers and so on. So really, there isn’t much of an excuse available!

Since the change of Government in May 2010, we have seen a steady stream of changes to the Immigration Rules which impact the way that migrants can live and work and ultimately settle in the UK.

The changes to the Rules so far:

In the last 2 years we have seen the following changes rolled out:

• The closure of Tier 1 (General) where highly skilled workers were able to relocate to the UK without a job offer;
• Capping the number of restricted Certificates of Sponsorship being issued by Tier 2 sponsors;
• Changes to the Tier 2 Codes of Practise such as the removal of chefs and care home workers;
• Tier 1 (Exceptional Talent Route) was introduced allowing those migrants deemed to be exceptionally talented by a designated body to be able to come to the UK to continue their careers;
• Spouses of British Citizens coming to the UK now have to sit and pass and approved English test to a level of A1 on CEFR and spouses can now be 18 to apply;
• Tier 4 students coming to the UK must demonstrate that they can speak English to a level of B2 on the CEFR and they can only extend their stay in the UK to study an additional course only if it is tantamount to academic progression;
• All Colleges and Universities in the UK wishing to sponsor non-EEA students must have Highly Trusted Status and have to be reviewed by the Quality Assurance Agency or the Independent Schools Inspectorate before their status can be approved by the UKBA; and
• Romanian and Bulgarian nationals will continue to be subject to immigration restrictions for the next two years.

What does the future hold?

Following Damien Green’s speech on 2 February 2012, we look set to see the following occur in April 2012:

• Closure of the Tier 1 (Post Study Worker) route;
• Ending the ability for those coming to work in theUKto settle in the UK by imposing a salary threshold between £13,000 and £49,000 subject to the Migration Advisory Committee’s advice;
• A review of the policy in relation to Tier 2 (Intra Company Transfer) migrants and reassessing their exemption to the Resident Labour Market Test;
• A review of the Tier 2 Shortage Occupation list;
• Introduction of a new scheme to enable graduates to remain in the UK if they are to be employed in a graduate level position. There are indications that those students switching to Tier 2 would be exempt from the Resident Labour Market Test;
• Changes to the business and entertainer visit visa routes;
• Spouses of British Citizens coming to the UK must be able to show that their sponsor earns between £18,600 to £25,700;
• Proposal of a new International Graduate Entrepreneur route and a Tier 5 Government Approved Exchange scheme to entice the ‘brightest and the best’ to the UK.

Impact of the closure of Tier 1 (Post Study Work)

In April 2012, we will see the end of the Tier 1 (Post Study Work) category that enabled students to remain in the UK at the end of their degree for a further two years to undertake employment in the UK. This category was a godsend as students were able to undertake employment for any employer in the UK without being sponsored.  The closure of this category ushers in problems not only for students who wish to remain in the UK but to employers who will now have to sponsor these graduates under the Tier 2 (General) category.

COS allocations renewals

In April 2012 all Tier 2 Certificate of Sponsorship allocations will be set back to zero and sponsors wishing to employ migrant workers in the forthcoming year will have to request their allocations using the Sponsorship Management System. To prevent any operational problems it would be advisable for sponsors to assess their needs for the forthcoming year and to make a request prior to April 2012.

Changes to Sponsor Licences

The UKBA have indicated that they hope to provide Tier 2 sponsors with an option to purchase an enhanced licence package that would provide them with a range of benefits such as priority access to premium visa application appointments and processing times.

Biometric enrolment procedures

From 29 February 2012, the UKBA will look to capture biometric information for all non-EEA visa applicants. To facilitate this, the UKBA have partnered up with the Post Office to enable applicants to enrol their biometric information at numerous locations around the country. This requirement will also cover applicants wishing to apply for Indefinite Leave to Remain.

If you would like any further information concerning the changes to the rules, feel free to call us.

The creation of a sustainable selective immigration system that encourages the brightest and best to come to the UK was reaffirmed by Immigration Minister Damian Green.

At a speech at the Policy Exchange, the Minister expressed a desire to ‘raise the tone of the immigration debate’ and start building a national consensus on how immigration can be made to work for Britain.

He committed to pressing on with sweeping reforms that impose restrictions on those migrants the country does not need, while developing a greater selectivity to attract those migrants the country wants.

Damian Green said:

‘We need to know not just that the right number of people are coming here, but that the right people are coming here. People that will benefit Britain – not just those who will benefit by Britain.

‘We have laid the foundations for a sustainable system where we get numbers down and keep them down. Now we shall make it work for Britain.’

The government has committed to reduce net migration numbers from hundreds of thousands to tens of thousands. In the latest published quarterly figures, compared to a year previously, there are early signs of a positive impact on numbers following restrictions imposed by this government on non-EEA workers and students.

The government will soon be announcing further changes to family migration and reforms to settlement, breaking the link between temporary and permanent migration. It will also be completing its changes to eliminate abuse of the student visa route and is currently reviewing the annual limit on skilled economic migrants.

In his speech the Minister expressed his intention that the long-term transformation of British immigration policy will introduce greater selectivity. He added that the ‘points based system’ of the past should ultimately be replaced by a ‘contribution-based system’ where migrants are checked to ensure they will add to quality of life in the UK.

This is already starting with the development of more selective routes for entrepreneurs, investors and those with exceptional talent alongside existing routes for entertainers, trainees and researchers.

The Minister confirmed 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.

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.

An airline crew member was arrested last year for attempting to smuggle dozens of counterfeit passports and fake passport materials into the UK. He has now been sentenced to 32 months in prison.

The man, from Lahore in Pakistan, was arrested as he passed through the crew clearance controls at Heathrow in November 2011.  He had arrived as a steward on a Pakistan International Airlines flight from Karachi.

He was found to be carrying 39 Pakistan passports with counterfeit biodata pages or with biodata pages removed, roughly 250 counterfeit UK residence permits and a range of counterfeit UK passport components such as biodata pages, laminates and holograms. He admitted to being paid £800 to carry the items.

This is just a sweet reminder that the controls are getting tighter. No matter how many creative and different ways people attempt to carry unauthorised items into theUK, the UKBA are on to it!

“If there’s something strange in the suitcase, Who you gonna call? UKBA!”

The Government have come up with a new “selective” immigration policy that will give preferential treatment to investors, entrepreneurs and world-class artists, dancers, musicians and academics.

The planned reforms will allow fewer immigrants to settle in theUK. Mr Green said, “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. Getting the number down is the absolute key but what I am aiming at is fewer and better.” He also said those wishing to live inBritainwill have to show “genuine serious usefulness to British society.”

How Damian Green gets away with making comments like this day after day, is a mystery.

The UKBA have now closed their phone line for postal applicants in the UK who want to book appointments to enrol their biometric information. These appointments must now be booked on line, except in limited circumstances.  Information on how to register and book an appointment can be found by clicking here.  

There is also an email service replacing the biometric residence permit helplines. These are:

• BRPDelivery@homeoffice.gsi.gov.uk – for issues with the delivery of your biometric residence permit.
• BRPError@homeoffice.gsi.gov.uk – for errors with you biometric residence permit.
• BRPLost@homeoffice.gsi.gov.uk – to report the loss or theft of a biometric residence permit.
• employerBRPverification@ukba.gsi.gov.uk – for employers or sponsors who want to confirm that a biometric residence permit is valid.

If you do not have internet access, enquiries can be sent by Freepost to:

Freepost RRYX-GLYU-GXHZ, Returns Unit, PO Box 163, Bristol BS20 1AB

MPs have warned that unauthorised and potentially lethal restraint techniques may still be being used to carry out immigration deportations despite assurances from the UKBA and its private contractors. A commons home affairs select committee inquiry into the treatment of people being deported also found evidence of a racist culture among private security escort staff and a “too cosy relationship” between the UKBA and its private contractors.

The inquiry followed the death of Jimmy Mubenga whilst he was being deported from Heathrow to Angola back in 2010. Three of the G4S Security guards escorting him were arrested and are still under police investigation.

The report said that the Home Office need to issue urgent guidance on the danger of unauthorised restraint techniques that involve bending someone’s head forward whilst they are in an aircraft seat.  Both the UKBA and the contractors have denied that any techniques to hold the neck or keep the head down were used.

The removal process was also hit with problems such as overcrowding partly because staff were “bored” and “didn’t have anything to do”.  The report by the Home Affairs Select Committee said the case raised concerns about the number of staff, contractors would sometimes use on escorted removals and the cost to the Home Office as a result. It was found that more than 100 staff were used to escort just 35 illegal immigrants on a flight back to Jamaica.

It sounds like the UKBA have a lot of questions to answer.

Yesterday, the UKBA made some amendments to the list of approved English language tests for applications made under Tiers 1, 2 and 4 of the points-based system for spouse or partner applications. The following changes were made:

• for City & Guilds tests, the documents required for a migrants application have changed
• City & Guilds tests now show ‘pass’ and there is a separate English language test for spouse/partner applications
• ETS have changed the way that the scores for their TOEFL ibt (internet based test) map against the Common European Framework of Reference (CEFR)
• the ETS TOEFL ibt (internet based test) now includes scores for spouse and partner applications.
• there is a change to the web address for the TOEIC (The test of English for international communication) English language test
• Cambridge ESOL (English for speakers of other languages) have amended the title of one of their tests from ‘International Legal English Certificate’ to ‘Cambridge English Legal’.
• for Cambridge ESOL tests the minimum grade requirements are clearer.
• TrinityCollegetests now have a 2 year expiry date.

Today many of our friends in Scotland will pay tribute and celebrate Robert Burns’ birthday many holding Burns Suppers.  The Poet Laureate of Scotland was known as ‘a sociable, friendly, honest man’, He preserved a number of ancient Scottish and Celtic songs, including the New Year’s favourite song  “Auld Lang Syne” meaning “Old Long Ago”, a 5 verse poem written in 1788 about love and friendship in times past.

Should auld acquaintance be forgot, And never brought to mind? Should auld acquaintance be forgot, And auld lang syne!

Chorus.-For auld lang syne, my dear, For auld lang syne. We’ll take a cup o’ kindness yet, For auld lang syne….

The traditional Burns Supper includes haggis, the Scottish national dish, and “bashed neeps” a wee dram of or two of whiskey, recitals of his poetry and traditional Scottish dancing. . 

Happy Burns Night!