A leaked cabinet letter from the UK Home Secretary, Theresa May to Nick Clegg has revealed some stringent proposed immigration changes for the family migration route.

In the letter a new income of £25,700 per year is proposed for anyone looking to bring a spouse, partner or dependant to the UK from outside the EU, from June 2012. This income threshold is a drastic rise from the current threshold of £13,700. This minimum income threshold is also set to rise with every dependant brought in.

It is further proposed in the letter that the current probation period for spouses and partners must be increased from 2 years to 5 years, before they can apply to live permanently in the UK. A higher level of English is also proposed. These changes are proposed to take effect in June 2012.

BIC would like to advise all clients who want to make use of the family migration route, to do so as soon as possible in order to avoid these possible stringent new immigration measures.

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The UK Home Office has announced that the Migration Advisory Committee (MAC) has advised that the Shortage Occupation List be revised to restrict migrants from outside the European Economic Area to a smaller proportion of occupations within the UK labour market.

The MAC recommended that the Shortage Occupation list be reduced to cover 190,000 employees (not migrants) or well under 1 per cent of the UK workforce.

29 job titles are recommended by MAC for removal from the list. They include: secondary school biology teachers; consultants in obstetrics and gynaecology; paediatric surgery; nuclear medicine and paediatric dentistry; veterinary surgeons; and tutti orchestral musicians.

There are however also 33 recommended additions to the list including; consultants in emergency medicine; actuaries; specific roles within the visual effects and 2D/3D computer animation for film; television and the video games sectors; high integrity pipe welders; environmental scientists; and operations managers in the

decommissioning areas of the nuclear industry and geochemists.

The implication of an occupation not being on the shortage occupation list is that employers are required to advertise the position. Where the employer can demonstrate, after advertising, that there is no suitably qualified resident or EU citizen candidate available to fill the vacancy, a sponsorship certificate can be issued to the non-EU citizen. This is done to protect the domestic labour market.

The UK government will now consider these recommendations.

If you want more information or would like to apply for your Tier 2 permit, please contact our offices.

The UK Home Office's 12-week public consultation on employment related settlement, Tier 5 and overseas domestic workers closed on 9 September 2011.

The UK Home Office sought views on a range of proposals which inter alia included:

Re-branding the Tier 2 (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 3 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 5 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.

The UK Home Office said in a statement that until any announcements are made, the existing rules for settlement will apply. BIC will keep clients updated on any announcements in this regard.

The UK Home Office announced in a press release that the Court of Justice of the European Union handed down judgment in the case of Ruiz Zambrano.

This judgement creates a right to reside and work for the sole carer of a dependent British citizen when that carer has no other right of residence in the UK and removing the carer from the UK would mean the British citizen would have to leave the European Union.

The UK Border Agency said it will be considering the effect of this judgement and whether any changes are required to the UK Immigration policy or law as a result. They further said that regulations will be amended in due course to enable a person to be issued with a document confirming that they have a right to live in the UK as a result of the Ruiz Zambrano judgement. In the meantime a certificate of application will be issued to those who are able to show:

evidence that the dependent national is a British citizen;

evidence of the relationship between the applicant and the British citizen; and

adequate evidence of dependency between the applicant and the British citizen.

This certificate will enable a person to work in the UK while their application is outstanding. Once changes to the regulations are made, the application will be given full consideration and documentation will be issued under the regulations to those who meet the final agreed policy.

Please contact our offices for more information in this regard.

Substantial number of Tier 2 sponsorship certificates available!

In November 2010 the UK Government announced that it was introducing an annual limit on the number of Certificates of Sponsorship that could be issued for Tier 2 workers.

This came into effect on 6 April 2011 and only 20,700 certificates were made available under the new annual limit for the first year.   

The annual limit of 20,700 certificates of sponsorship (CoS) were divided in 12 monthly allocations. In April 2011, 4,200 certificate of sponsorship were made available and thereafter a monthly allocation of 1,500 places is being made available. Unused places will be rolled over to the next month. 

The UK Border Agency operates the limit by not allowing any sponsor to issue a restricted CoS unless they first get permission using the monthly process. If the monthly allocation is over subscribed, the applications for certificates of sponsorship are ranked using a points system designed to favour jobs on the shortage occupation list, scientific researchers and higher salaries.  

All applications for restricted CoS must score a minimum of 32 points but applications are collate and prioritised, using the CoS allocation points table.  
 

4,200 Certificates of sponsorship were set aside from annual limit for allocation in April, and only 1,019 certificates were granted in April. In May, 781 CoS were granted, 845 In June, 859 in July and 819 for August 2011.

Due to the roll-over system, this means that 7,723 certificates of sponsorship are available for allocation in September 2011!

BIC has an excellent track record with Tier 2 applications and all applications submitted so far has been successful. This is thus a golden opportunity for employers who would like to employ non-EU workers on the Tier 2 scheme. If you are interested or would like to find out more about Tier 2 sponsorship, please contact Hannes Breytenbach at This e-mail address is being protected from spambots. You need JavaScript enabled to view it  

Tier 1 for Exceptionally Talented migrants open – 20/07/2011

The UK Government has announced that the newly created Tier 1 (Exceptional Talent) immigration route will open on 9 August 2011. The aim of this new route is to encourage exceptionally talented leaders in the field of Science, Humanities, Engineering and the Arts to come to the UK.

This new immigration route will not only be open to those already recognised in their fields, but also to those with the potential of being recognised as leaders in their respective fields.

There will be a 1,000 limit on the number of visas available under this route. The annual limit will be reviewed at the end of March 2012.

The Tier 1 (Exceptional Talent) will be overseen by competent bodies, which will advise the UK Border Agency on these exceptionally talented migrants, and will consist of;

• The Royal Society, a fellowship of scientists, which will be able to nominate up to 300 places;

• The Arts Council of England, a development agency of the arts, which will be able to nominate up to 300 places;

• The Royal Academy of Engineering, which will be able to nominate up to 200 places; and

• The British Academy, the national academy for humanities and social sciences, which will be able to nominate up to 200 places.

Migrants making use of this new immigration route will not need to be sponsored by an employer, and will only need to be recommended by one of the above competent bodies.

At first permission will be granted for leave to stay for 3 years and 4 months, which then may be extended for a further two years, in order to take the applicant to the qualification period for settlement, after five years in the UK.

If you are interested in applying under this new immigration route, please contact our office for more information.

Advice to Libyan visa holders – 20/07/2011

The UK Border Agency (UKBA) has published advice to Libyan visa holders in the UK.

The UKBA said that Libyan nationals with continuing lawful leave or previous lawful leave that has expired since 22 February 2011, and who does not meet the requirements of the UK immigration rules , and are unable to return to Libya may be allowed to temporarily extend their stay in the UK.

Discretion may be applied in exceptional circumstances to grant a further period of leave for up to six months outside the normal immigration rules.

The UK government has also made provisions for those Libyan nationals, not able to afford the application fee.

For more information, please contact our offices.

UK Government launch consultation on Family Migration – 13/07/2011

The UK government has announced proposals to crack down on sham and forced marriages, as part of its consultation on family migration.

The consultation process will focus on stopping abuse of this immigration route, promoting integration into the British society of persons making use of this route and reducing the burden on UK tax payers. Some of the key proposals in the consultation include;

• Defining more clearly what constitutes a genuine and continuing marriage, in order to identify sham and forced marriages;

• Introducing a minimum income threshold for sponsors of partners and dependants, in order to ensure that family migrants are adequately supported;

• Extending the probationary period before partners can apply for settlement in the UK from 2 years to 5 years, in order to test that these relationships are genuine and to encourage integration into the British society;

• Requiring partners and adult dependants under the age of 65 years of age to demonstrate that they understand everyday English when they apply for settlement. This will be tested by B1 Level on the Common European Framework for Languages;

• Giving authorities the power to delay a marriage where sham is suspected;

• Working more closely with local authorities to protect vulnerable persons that might be forced into marriage; and

• Reviewing the full right of appeal for family visitor visas.

For more information or to apply for your visa, please contact our offices for more information.

New Student Visa rules in force – 04/07/2011

The new changes to Tier 4 of the student visa rules came in force on 4 July 2011. The new rule changes entail the following:

• From this date, only students at higher education institutions and publicly funded further education colleges will be able to work part-time during term time and full-time during vacations, and retain their current entitlements.

• The sponsorship of dependants will be restricted to students sponsored by higher education institution on post-graduate courses lasting for 12 months or longer, and government-sponsored students on courses lasting at least 6 months. These dependants will be entitled to work.

• Education providers have to vouch that a new course represents genuine academic progression.

• A streamlined application process for low-risk nationals applying to attend courses with Highly Trusted Sponsors have been introduced.

Please contact our offices for further information.

It is important that South African citizens obtain the necessary permission from the SA authorities, before obtaining UK citizenship. This way their SA citizenship is protected and they are able to hold dual citizenship.

However, if you are unsure or concerned that you have lost your South African citizenship, it is possible to do a determination of your SA nationality status, with the assistance of BIC.

This determination will be in the form of a letter from the SA Department of Home Affairs, which will likely confirm one of the following;

(1) If UK Nationality was obtained through naturalisation:

• SA Citizenship was lost the day UK nationality was granted;
• As a former SA Citizen by birth, you still hold the right to SA permanent residence status; or
• Upon permanent return to SA, you can apply to have your citizenship re-instated

OR

(2) If UK Nationality was obtained through descent:

• Applicant is still seen as a SA Citizen by birth

The first letter stated above will enable you to travel to SA whilst utilising your UK passport, without having any difficulty at the SA port of entry. Without this letter, you will likely be fined since the current SA Citizenship Act stipulates that any person who has the right to a SA passport, must enter and leave South African borders on his/her SA passport and not a foreign one (your place of birth in your UK passport is shown as South Africa).

BIC will gladly assist you with the determination of your SA nationality.