New Policy to replace Sojourner

Posted on April 4, 2012

The UKBA have introduced a new policy to replace the Sojourner pilot.  The policy came into effect on 1 April 2012 and its aim is to protect victims of domestic violence who came to the UK or were granted leave to stay as the spouse or partner of a British citizen, or someone settle in the UK. It will help these victims by providing them with a means to access public funds whilst they make a claim to stay in the UK permanently under the Domestic Violence Immigration Rule (Settlement DV).

The requirements to be met are:

  • you have entered the UK or been given leave to remain as a spouse/ civil partner/ unmarried partner/ same sex partner of a British citizen/ someone present and settled in the UK; and
  • your relationship has broken down due to domestic violence; and
  • you do not have the means to access accommodation to support yourself and you need financial help; and
  • you are going to make a claim to stay permanently under the Domestic Violence Immigration Rule

If the UKBA approve your application, you will be given 3 months’ limited leave to enable you to stay in the UK with access to benefits.  This is not an application to stay in the UK permanently under the Settlement DV. This you will have to apply for separately. If you do not need financial help you can apply directly under Settlement DV on the UKBA website.

Those migrants in any other category such as work, study, refugees or visitors, will not qualify under this new route.

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Post Study Worker – final reminder

Posted on April 3, 2012

On 6 April 2012 the Tier 1 (Post-study work) route will close. If you wish to apply for permission to stay in the UK under Tier 1 (Post-study work), your application must be submitted by 5 April 2012. Applications can be submitted by standard post, or by courier. If you post your application, the post mark must clearly show the application was submitted on or before 5 April 2012.

If you send your application by courier, it must be received at the UKBA by 17:00 on 5 April 2012.

Any application submitted on or before 5 April 2012, will be considered by UKBA under the rules and guidance in force on 5 April 2012. You must ensure that you can meet the full criteria before applying. These criteria are set out in the Tier 1 (Post-study work) policy guidance.

If you have not completed your studies, or have not received confirmation that you have been awarded a qualification, you do not meet the criteria and any application for Tier 1 (Post-study work) will be refused.

From 6 April 2012, following the closure of Tier 1 (Post-study work), if you have graduated after studying in the UK, you can apply for leave to remain in the UK under other immigration routes if you meet the criteria.

You should read the relevant Working in the UK guidance on our website about any alternative route you are considering, to understand the criteria you need to meet to apply for permission to stay in the UK.

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British Citizenship – up date

Posted on March 30, 2012

There has been a recent up date in caselaw about whether or not the Secretary of State may deprive a person of their British Citizenship under section 40 of the British Nationality Act 1981 and in particular a limitation on that power if by exercising it, it made a person stateless.

The case Al-Jedda v SSHD [2012] EWCA Civ 358 concerned an Iraqi national who came to the UK in 1992 as a refugee. In 2000 he was naturalised;  In 2004, he was detained by British forces in Iraq on grounds of suspected involvement with terrorism.  His case may be known to many as it was the subject of a ruling of the Grand Chamber of the European Court of Human Rights in July 2011 that his detention between October 2004 and December 2007 was in breach of Article 5.  Shortly before his release on 30 December 2007, the Secretary of State made an order to deprive him of his British citizenship.

The greater part of the judgment gives consideration to Iraqi nationality law, in particular Article 11 of the Transitional Administrative Law and Article 10 of the 2006 Nationality Law.  This consideration may well be of interest in other cases, but is not analysed here.  In short, the Court of Appeal concluded that neither Article provided that Al-Jedda had automatically reacquired the Iraqi nationality, which it was uncontentious he had lost on his naturalisation as a British citizen in 2000.

The Secretary of State nonetheless sought to argue that, even if Al-Jedda had not automatically reacquired Iraqi nationality, Iraqi law provided the means for him to do so on application (which would be bound to be successful) and hence he had not been made stateless by the deprivation of British citizenship but by his failure to apply for Iraqi nationality.  The Court of Appeal accepted, for the purpose of argument (though Richards LJ noted that “the point is by no means free from doubt“), that such an application would be bound to succeed.  This made no difference.  The deprivation order had made Al-Jedda stateless (paragraph 121).  Accordingly, the order was unlawful and was quashed.

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Cancellations at the Croydon Public Enquiry Office

Posted on March 29, 2012

The UKBA are currently experiencing technical problems at the public enquiry office in Croydon, therefore they will not be accepting any appointments today.

Applicants with postal or premium appointments booked for today (Thursday 29 March 2012) must not attend as they will be turned away.

Applicants unable to be seen today must re-book their appointments through the online booking system.

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One size fits none!

Posted on March 29, 2012

Teresa May proposes upping the income level to £25,700, £50,000 if you have two children and increasing probationary visas from two to five years.  Currently, the rules for family-visa applicants must show they have enough income to cover essential bills.  This is to prevent migrants from relying on state benefits. But most of the migrants can’t receive benefits anyway. Many of the visas they are issued with clearly state “No public funds.”

 

The leaked proposal suggests that May things any problem can be solved by demanding more money. She writes the changes “will reduce the burdens on the taxpayer, promote integration and tackle abuse.” May also claims that raising the support level will “differentiate between genuine and non-genuine relationships.” How on earth can that statement be justified? People with money are also capable of entering into non-genuine relationships! And it is also quite rare, occurring about 400 times a year.

High incomes and long waits are no guarantee against sham marriages.

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Abubakur v ECO [2012] EWCA Civ 377

Posted on March 28, 2012

This judgment , given by the Court of Appeal, is concerned with the issue of third party support in relation to the rules’ requirement of adequate maintainance without recourse to public funds. The key issue addressed is whether third party support should be considered ‘ringfenced’ from the financial position of the sponsor and his or her dependents, such that if the third party support would be sufficient to maintain the applicant this would satisfy the rules without more even if e.g. the general position of the sponsor’s family appeared inadequate.  The Court rejected this approach: 

35.  …one has to assess the situation in the round. The practical reality in cases of this kind (I express no concluded view as to whether it might, exceptionally, be otherwise in some cases) is that the third party support will be routed, or accrue, if not directly then indirectly to the sponsor; the reality indeed being that there is one family unit and one family financial pot. (It may be noted in the present case that Mr Shmunye himself did not even indicate to whom the proffered support would actually be paid: and even if it was paid directly to the appellant herself that, as the Designated Immigration Judge rightly found, could not begin to be determinative, having regard to realities). Moreover, that overall approach as to the realities relating to a family unit much better fits with what is contemplated in rule 317(iii) and 317(iv). After all, rule 317(iii) is predicated on the proposition that the applicant is financially dependent on the relative present and settled in the UK (the sponsor).“

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New Applications Fees from 6 April 2012

Posted on March 28, 2012

Following Parliamentary approval, an increase in for some overseas visa fees, and UK-based visa application fees, will be introduced from Friday 6 April 2012.

All payments made from 00:01 (UK time) on Friday 6 April, should be paid according to the fee information on the UKBA Fees for our services page.

Applications will not be accepted where an incorrect fee is paid

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To follow suit or not to follow suit? … that is the question

Posted on March 28, 2012

Yesterday, Italy was hit with a relatively small fine for ignoring a ruling by the European Court of Human Rights and deporting an Islamic fundamentalist to Tunisia.  The court said the man could not be removed until his case had been heard in full, only awarded damages and made no order for Rome to retrieve the man and take him back. Italy was ordered to pay just 15,000 euros (£12,500) damages and 6,500 euros (£5,400) costs.

This has put pressure on Home Secretary, Teresa May, to follow suite to have Qatada, who was once described by a judge as Osama bin Laden’s right hand man, sent back to Jordan.

Teresa has so far resisted demands to ignore the European court. A Home Office spokeswoman said “We want a lasting solution that means Qatada is deported for good. This case has dragged on for over a decade and we are exploring every legal avenue to get this dangerous man on a plane and out of theUK”

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Changes to Immigration Rules from 6 April 2012

Posted on March 26, 2012

A number of changes to the UK Immigration rules have been laid before the parliament and will come into effect on 6 April 2012. These changes will affect Visitors, Overseas domestic workers, Sponsors and Migrants under the Point Based System (i.e. Tier 1, Tier 2, Tier 4, Tier 5) migrants.

Increase in the application fees

Application Current Fee

(as at 26 March 2012)

 New Fee

(from 6 April 2012)
Sponsor Licence

(small employer)

£310

£500
Sponsor Licence

(Large employer)

£1025

£1,500
Premium Sponsor Scheme for A-rated sponsor (large employer)

New

£25,000
Premium Sponsor Scheme for A-rated sponsor (small employer)

New

£8,000
Tier 1 General extension

£1000

£1500
Tier 2 visa

£400

£480
Tier 2 ICT (Less than 12 months)

£350

£400
Tier 4 visas

£255

£289

 

Tier 1 visa migrant

Tier 4 student migrants will no longer be able to apply for Tier 1 (Post-study work) visa. This visa route will be closing from 6th April 2012. The new rules will now be introducing a new Tier 1 (Graduate entrepreneur) route for Tier 4 student visa migrant wishing to remain following the completion of their course.

Tier 2 Visa Migrant & Settlement

Under the new changes, Tier 2 migrant workers will no longer be eligible for settlement, simply based on the length of their stay, unless, they earn £35,000.00 and above. Although, migrants doing shortage occupation jobs, PhD Level roles will be exempt from the £35,000.00 threshold.

In addition to the above, the new rules will be limiting the total amount of temporary leave that may be granted to a Tier 2 migrant to 6 years. This will apply to those who entered after 6 April 2011.

 

Tier 4 visa migrant

Migrants under the Tier 4 student visas will no longer be able to apply for Tier 1 Post-Study work visas following the completion of their studies. The Tier 2 visa and the new Tier 1 (graduate entrepreneur) visa will now be the available options for graduates wishing to remain and work in theUKfollowing the completion of their studies.

The new rule will also be introducing limits on that time that can be spent studying at degree level.

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Policy Guidence for Tier 2 and 5 Sponsors

Posted on March 22, 2012

 

We received an email from the UKBA and this is what they had to say on the policy guidence for Tier 2 and 5 sponsors:

“Dear Sponsor,

On 15 March 2012, we published updated policy guidance for Tier 2 and 5 sponsors. This guidance will be valid from 6 April and contains a number of changes including:

 

Tiers 2 and 5

 

  • New information on how to renew your sponsor licence.
  • New policy on level 1 SMS users.
  • Revised policies on B-ratings and action plans.
  • A change to the financial limit you can place on certifying maintenance for a migrant you will be sponsoring.
  • New information for any sponsor that is an endorsing body under the new Tier 1 (Graduate Entrepreneur) route

 

Tier 2

 

  • A change to the restricted Certificate of Sponsorship (CoS) categories to include dependants of Tier 4/Student migrants who want to switch into Tier 2.
  • New policy on the limited changes you can make to a restrictedCoSafter it has been allocated to you.
  • Removal of the resident labour market test for migrants switching from Tier 4 into Tier 2(General).
  • New policy preventing certain migrants sponsored under Tier 2 (General, Tier 2 (Sportsperson) and Tier 2 (minister of Religion), whose leave expires whilst they are not in the UK, from applying for permission to return to the UK under any Tier 2 category for 12 months after their leave expires.
  • New policy limiting leave under all Tier 2 categories to a maximum of six continuous years

 

Tier 5

 

  • Changes to the maximum time migrants can spend in new and existing Tier 5 (GAE) schemes.
  • New policy on private servants sponsored under Tier 5 (International Agreement).
  • Changes to the evidence required in support of an application for a licence to bring migrants to theUKunder the Government’s commitments under the General Agreement on Trades in Services (GATS)

 

We have produced revised Codes of Practice so that we now have just one set of codes which show all jobs at NQF level 3 and NQF level 4 and above. We have also deleted the Code of Practice for ministers of religion and religious workers and replaced it with new sections in the policy guidance. 

 

Please note that the Government is currently considering the Migration Advisory Committee’s detailed report on the limit on Tier 2 (General) for 2012/13 and will announce its decision in due course.

 

The policy guidance for Tier 2 and 5 sponsors is available on our website at the following link: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pbsguidance/

 

As well as the changes to policy and guidance, we will also make a number of changes to the sponsorship management system (SMS) on 6 April. Firstly, we will introduce a function that will allow you to apply to renew your sponsor licence via the SMS. You will also be able to decline to renew your licence. Although the function will display as a menu item on your SMS from 6 April, you will not be able to use the function until some time before your sponsor licence is due to expire. We will write to you at this time to advise you how to make an application.

 

If you are licensed in Tier 2 (General), you will be able to apply for a certificate of sponsorship (CoS) for the new restricted category for dependants of Tier 4/Student migrants to switch into Tier 2 (General) in the ‘Restricted Certificates of Sponsorship’ section of SMS. Similarly, you will be able to assign aCoSfor the new unrestricted category for Tier 4 graduates to switch into Tier 2 (General) in the ‘Create and assign’ section.

 

We will also introduce a new function to the SMS that will allow you to monitor the progress of requests for changes to your sponsor details submitted from that date and, if required, withdraw such requests.

 

Furthermore, action plans issued to B-rated sponsors from 6 April must be paid for electronically through the SMS. Payment by cheque will no longer be accepted from this date.

 

Finally, from April the SMS will include a function to printCoSand CAS in an easily readable format from the ‘View certificates of sponsorship’ and ‘View CAS’ screens.

 

Detailed SMS user guides on all of the above new functions will be published on our website in April. We will also publish an updated version of theCoSsponsor help document to guide you through these changes.”

 

 

 

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