UK Border Agency Changes and Updates

Monthly Immigration Limit for Tier 1 (General)

On 19 July 2010 an interim limit was introduced by the Government which has significantly reduced the number of Tier 1 (General) migrants allowed into the UK each month.
  
The limit is a very meagre 600 Tier 1 (General) visas issued every calendar month. If the limit is not reached in any given calendar month, then the unused capacity will be carried forward to the following month. The October limit was reached on 21 October and the November limit was reached on 10 November. The UKBA will not now be issuing any more visas for successful Tier 1 (General) applications made overseas until the limit allocation reopens on Wednesday 1 December 2010.

The limit does not affect the way that a migrant should make their application and you can still submit an application, even if the limit for the current month has been reached. The UKBA states that all applications will be processed in the order in which they are received, as far as operationally possible. When the limit is reached for a particular month, the UKBA publish the information as a news story on their website.

Obviously, this could cause substantial delay to an application if the limit is reached in the month when a migrant’s application is made. This could also put UK employers at a disadvantage when trying to attract the best talent into the UK.  

The good news is that at present the interim limit is not applied to Tier 1 (General) applicants who are already in the UK and are extending in Tier 1 (General) or switching into Tier 1 (General). It also does not apply to dependants of Tier 1 migrants.

Changes to the UKBA approach to additional CoS requests

The UKBA stated on 1 November 2010 that they will grant all CoS requests for existing migrant workers who currently have leave as work permit holders or under Tier 2 (General) and who wish to continue working for the same employer.

This change does not allow sponsors to be allocated a CoS to employ someone already working under Tier 2 or the work permit arrangements for a different company but it should at least ensure that existing employees have the opportunity of extending their leave if required.

Brightest and Best for UK

Home Secretary, Theresa May made clear last week that the previous government's proposed policy of earned citizenship would not be implemented.

Among the Home Secretary's priorities are:

• encouraging more entrepreneurs and investors to come to Britain;
• putting a stop to abuse of the student route; and 
• cutting the link between those who come here on a “temporary” basis as a student or migrant worker and permanent settlement.

She made it clear that the government is determined to increase the number of high-value migrants coming to the UK, such as investors and research scientists, while encouraging employers to fill vacant jobs with people who are out of work and already in the country.

In the light of the Home Secretary’s announcement, we would recommend that if you are in a position to apply for indefinite leave to remain on the basis of 10 years’ lawful residence in the UK or for British Citizenship now, then you should make an application as soon as possible.

Biometrics for Tiers 1 and 5 Migrants

Regulations have been laid before Parliament which will require even more migrants to apply for biometric residence permits if they want to extend their stay in the UK. The permits will replace the stickers (known as 'vignettes') which these migrants currently hold in their passports.

Subject to parliamentary approval of the regulations, migrants who apply to extend their stay in the UK under Tier 1 or Tier 5 from 14 December 2010 will need to enrol their biometric information (fingerprints and photograph) as part of their application. Tier 1 includes those applying under the Entrepreneur, Investor, Post Study Work or Tier 1 (General) sub-categories.

New English language testing for partners

In June 2010 the government announced plans to introduce compulsory English language tests for all non-EEA migrants applying to come to the UK to join or marry their settled partner. Note if you are a national of a majority English-speaking country or have a degree taught in English that is recognised by UK NARIC as an acceptable qualification then you will not be required to take an English language test.

From 29 November 2010 any migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to produce evidence that they can speak and understand English, by taking an English language test with one of the UKBA’s approved test providers. A list of UKBA approved test providers can be found here.

Applicants will have to meet a minimum standard of speaking and listening in English equivalent to level A1 of the Common European Framework of Reference. 

The new rules will apply to anyone applying as the husband, wife, civil partner, unmarried partner, same-sex partner, fiancé(e) or proposed civil partner of a British citizen or a person settled in this country. They will be compulsory for people applying from within the UK as well as visa applicants from overseas.

Introduction of fees for Immigration and Asylum Appeals

The government is proposing to introduce fees for individuals appealing against certain types of immigration and asylum decisions. Currently if you wish to appeal against a decision of the UKBA no fee is payable. Categories required to pay an appeal fee will include the following:

• Family Visits;
• Settlement;
• Non Settlement e.g. students;
• EEA nationals and family members.

The fee amount will only be finalised after responses have been collected from the consultation process. The consultation will run for a 12 week period until 21 January 2011 and is available on the Ministry of Justice website.

Two options for proposed fees for First-tier Tribunal hearings have been proposed; either £65 for a paper hearing and £125 for an oral hearing; or £127 for a paper hearing and £202 for an oral hearing.

November 2010