The amendments include:

• the City & Guilds test scores now show ‘pass’ and there is a separate English language test for spouse/partner applications.
• for City & Guilds tests the documents required for a migrants application have been amended.
• 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.
• Trinity College tests now have a 2 year expiry date.

You can download the revised list in full from the UK Border Agency website.

When you make an application in an immigration category that requires you to demonstrate your English language ability, you must show that you have passed an appropriate test on the list. Source: UK Border Agency.

See also:

Free service launched to help overseas students study at UK Universities

Change to postal biometric appointment procedure and residence permit help

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Looking for a Tier 4 college or University or need advice?

UKUS is a free University and College Admissions and advice service based in London, UK. Students interested in studying abroad can complete the Online UKUS Registration Form for more details.

If you are seeking ACE endorsement, you must now complete ACE’s new competent body application form and submit it with your visa application. You must also submit supporting documents which show that you meet ACE’s eligibility criteria. You can download the form and the criteria from the Exceptional talent – request for endorsement page of the UK Border Agency website.

Until now, applicants seeking ACE endorsement needed to submit the supporting documents but did not need to submit the form.

There is no change to the procedure for Tier 1 (Exceptional talent) applicants who want their application to be endorsed by the Royal Society, the British Academy or the Royal Academy of Engineering. As before, they must submit a completed ’science bodies’ competent body application form and documents showing that they meet their competent body’s eligibility criteria. See the Exceptional talent – request for endorsement page for more information. Source: UK Border Agency.

See also:

New fees for immigration and asylum appeals 

Important UK Border Agency update for Tier 4 sponsors – educational oversight and other changes

Immigration Rules for Bulgarian and Romanian nationals

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Mohammed Tanin, a 26-year-old Bangladeshi, and Maria Marques, a 47-year-old Portuguese, were arrested at their home in Willis Street, Tower Hamlets, in March 2011 by our officers. Both were convicted at Snaresbrook Crown Court on 7 December following a 15-day trial, and sentenced at the same court today – Tanin to 4 years to run concurrently and Marques to 2 years.

The pair first came to the attention of investigators after their names appeared in a notebook belonging to a West Midlands man convicted of running a sham marriage ring. Both had married at the Registry Office, Bow Church, in November 2009 prompting further investigation.

The couple had been stopped by our officers on their arrival at Luton Airport in June 2010, after they were found travelling with several Portuguese women whose travel documents they were carrying. Later enquiries showed that Tanin had paid for the flights and all were allowed to enter the UK.

Over an 18-day period in July 2010 the we received certificate of approval applications for 4 Bangladeshi men in the UK on valid student visas to marry 4 of the Portuguese women. This is the first stage that could have enabled the Bangladeshis to apply to remain in the UK once their current visas expired.

Eventually the men would have been able to apply for UK naturalisation and a British passport based on the sham marriages.

The agency’s north and east London criminal and financial investigation team acted quickly and arrested all 4 Bangladeshi men who made full admissions implicating Tanin and Marques, admitting they’d paid varying amounts of between £2,000 and £3,000 to facilitate their fraudulent applications. Forensic examination linked Tanin to each application. The 4 would later appear as witnesses in Marques and Tanin’s trial.

When Tanin and Marques were arrested officers seized evidence showing Tanin attempted to develop a ‘legend’ for each of the ‘brides to be’ with forged documentation and payments into individual bank accounts. He attempted to create the false impression that each was working at an Indian Restaurant in Orpington, adding authenticity to the fraudulent applications.

Giving evidence in the trial the restaurant manager said Tanin had been employed as a temporary delivery driver and that none of the Portuguese brides ever worked for him. He confirmed that the paperwork created by Tanin purporting to be issued by his restaurant was false and did not match with records.

Supporting documents further incriminating Tanin were found when officers examined his laptop. Both he and Marques were charged with conspiracy to facilitate a breach of UK Immigration law.

Two Portuguese ‘brides’ arrested in connection with the operation were both charged with conspiring with Tanin and Marques to facilitate breaches of immigration law and sentenced to 14 days each at the same court today.

The 2 remaining ‘brides’ have not been traced and are believed to have returned to Portugal.

Atiq Haque, north and east London criminal and financial investigation team, UK Border Agency said:

‘Tanin and Marques were at the heart of this scam and used money to lure these women into marrying men they had never met.

‘This case shows the desperate nature of immigration crime with large sums of money changing hands and people being prepared to enter into a full marriage with someone they barely know simply to cheat the immigration system.

‘The UK Border Agency will not tolerate immigration abuse, and we are cracking down on sham marriages all over the country. As the sentences handed out today shows, those who seek to cheat immigration laws face heavy penalties.’

The north and east London criminal and financial investigation team is a specialist unit of seconded police officers from the Metropolitan Police Service working alongside warranted UK Border Agency officers to investigate organised immigration crime.

The agency said that anyone who has information about suspicious marriages or other forms of immigration abuse should contact Crimestoppers on 0800 555 111 where anonymity can be assured. Source: UK Border Agency.

See also:

Romanian man jailed for smuggling immigrants into UK

Judge rules that Irish Republic and Northern Ireland visa-free ‘common travel area’ not for benefit of foreign travellers

People smuggling gang ring leader jailed for 5 years

Sham marriage fixers jailed

Church of England Vicar facing jail for 31 sham marriages for illegal brides and grooms

EU and non-EU workers take more UK jobs as number of Britons in work plunges

Health care workers needed in UK now

HOW TO FIND APPLICATION FORMS FOR A ‘YELLOW’ OR ‘BLUE’ CARD REGISTRATION CERTIFICATE ON THE UK BORDER AGENCY WEBSITE

Free Movement of EU nationals explained

Immigration Rules for Bulgarian and Romanian nationals

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Majestic College offer special packages for EU students. They also have a number of employers looking for staff right now and are willing to employ Bulgarians and Romanians.

For more information call Joanna on 0208 207 1020 or email info@majesticcollege.org

There is no link between rising immigration and rising unemployment, independent economists have found – contradicting persistent claims from anti-immigration activists and politicians that an influx of foreign nationals into the UK in recent years has led to more British-born workers on the dole.

The respected National Institute of Economic and Social Research found that there was “no association” between higher immigration and joblessness – even at times of recession or low growth of the sort that Britain is experiencing at the moment.

In fact, the Institute’s researchers suggested that the opposite might be the case and that immigration acts as an economic stimulus, pushing total employment levels higher and dole claimant numbers lower than they would otherwise have been.

“Perhaps surprisingly,” their economists said, “the interaction between migrant inflows and GDP emerges as positive, indicating that during periods of lower growth, migrant inflows are associated with … slower [dole] claimant growth than would otherwise have occurred.” The researchers did concede that the stimulating effects of migration on the overall labour market at a time of recession are likely to be small.

The anti-immigration pressure group MigrationWatch claimed yesterday that rising immigration from Eastern and Central Europe since European Union enlargement in 2004 had contributed to a surge in youth unemployment in Britain, which is now above 1 million. MigrationWatch released its own report, saying: “Youth unemployment in the UK increased by almost 450,000 in the period from 2004 Q1 to 2011 Q3. Over the same period, numbers of workers from the A8 countries grew by 600,000.

“Correlation is not, of course, proof of causation but, given the positive employability characteristics and relative youth of migrants from these countries, it is implausible and counter-intuitive to conclude … that A8 migration has had virtually no impact on UK youth unemployment.”

However, critics of MigrationWatch pointed out that youth unemployment started rising before 2004, the point when Polish and other former Soviet bloc nationals were freely permitted to enter the UK to work.

And Jonathan Portes, the director of the National Institute of Economic and Social Research and former chief economist at the Cabinet Office, also argues today that most of the rise in youth unemployment took place in 2008 and 2009, a period during which the number of Eastern European workers entering Britain to seek employment dipped. Government ministers have implied a link between immigration and joblessness. “Controlling immigration is critical or we will risk losing another generation to dependency and hopelessness,” said Iain Duncan Smith, the Secretary of State for Work and Pensions, in a speech last July.

The Coalition has imposed a cap on immigration from outside the European Union and has pledged to reduce net migration to “the tens of thousands” a year by the end of this parliament in 2015.

The Office for Budget Responsibility, however, has cast doubt on whether the Government will succeed in meeting this goal, with the Coalition’s fiscal watchdog estimating that average annual migration until 2016 will be 140,000.

Net migration hit a record high of 252,000 in 2010, although this was mainly due to a sharp fall in the number of Britons leaving the country rather than an increase in immigration.

To analyse the impact of migration on the labour market, the Institute’s researchers compared the overseas nationals who were allocated national insurance numbers in an area with the number of people claiming the dole locally.

Case studies: immigrant success stories

“I came with nothing. Now I employ four people” – Datsa Gaile, 39, Northampton

In seven years I have gone from living in a single room, scouring the country for a job – to editing my own newspaper and employing people. When I came to live in the UK in 2006, a friend and I arranged accommodation and work with an agency in Latvia. But when we arrived in London there was nothing. We thought we would have to stay on the streets. I realised I had to do things for myself. I made a CV and got a job. Then I brought my children to the UK. In 2009 I began studying for a BA in business studies at Northampton. At university, I began a paper for the Latvian community. We print 10,000 copies per month.

“I don’t believe I’m taking someone else’s job” – Agata Wasziewicz-Schmidt Dos Santos, 29, interpreter, Newquay

My husband and I came here in 2008 from Poland. First I worked at Starbucks because I couldn’t get work in languages, even though I speak Polish, Portuguese and English. As soon as I changed my email address to a less foreign name, I started getting invited to interviews. I don’t believe I’m taking someone else’s job, because there aren’t many people who speak Polish and Portuguese. I give back to the community, by working in schools and hospitals. My husband owns a martial arts business. He trains other instructors – one of them is an unemployed Brit. Source: The Independent, London.

Immigration Matters could add hundreds of similar success stories of migrants who have made it in the UK ‘against the odds’.

In our experience, employers do not go out of their way to deliberately employ foreign workers instead of Brits. In fact it is normally the exact opposite. Their lives are made far easier if they can find a local person with no visa, work permit or yellow card issues.

In the majority if cases overseas staff are only employed as a last resort because they cannot find British workers to do the job.

Work permits were issued for ‘shortage occupations’ or under ‘labour market test’ whereby the employer had to prove that the post could not be filled by a resident worker. In other words, these rules ensured that no British worker was being deprived from taking the job.

EU citizens from Eastern European countries have free movement treaty rights to live and work anywhere within the EU, although there are certain employment restrictions on Bulgarians and Romanians which have been extended until the end of 2013 by the UK government.

It should not be forgotten that in times of economic troubles right wing groups have sought to lay the blame on immigrants.

In the 1930’s this led to catastrophic consequences for Jewish people living in Nazi Germany.

In the 1970’s Idi Amin expelled thousands of people of Indian decent from Uganda. Many of those who came to Britain thrived in this country whilst Uganda fell apart and eventually collapsed.

See also:

British youth unemployment link to immigration rise pressure group claims

7 tips for completing a Yellow Card BR1 application to work and study in the UK

Immigration Rules for Bulgarian and Romanian nationals

HOW TO FIND APPLICATION FORMS FOR A ‘YELLOW’ OR ‘BLUE’ CARD REGISTRATION CERTIFICATE ON THE UK BORDER AGENCY WEBSITE

Free Movement of EU nationals explained

Health care workers needed in UK now

Employment restrictions for Bulgarians and Romanians extended until end of 2013

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Majestic College offer special packages for EU students. They also have a number of employers looking for staff right now and are willing to employ Bulgarians and Romanians.

For more information call Joanna on 0208 207 1020 or email info@majesticcollege.org

The Ay family, Kurdish refugees from Turkey, was held for 13 months in 2002 as the Government looked to return them to Germany where they had first made a claim for asylum.

Among those detained at the time, at Dungavel immigration removal centre in Scotland, were four children aged seven to 13.

The case later gained celebrity attention with Colin Firth, the actor, and Harry Potter author JK Rowling speaking out against the detention of children.

It was also the source for a BBC Radio 4 play in 2006 called Broken English.

Since taking power, the Coalition Government has pledged to end the detention of child asylum seekers.

Lawyers for the Ay family, who are now in Germany, took civil action against the Home Office for unlawful detention.

The case was settled out of court with a six-figure compensation for the children, three of who are now adults.

Donna Covey, Chief Executive of the Refugee Council said: “We will continue to campaign for child detention to end once and for all until no other children are locked up by what is supposed to be a civilised state.”

A UK Border Agency spokesman said: “In March 2011 we established a new family returns process that ended the detention of children.

“This ensures that families with no right to be in the UK are given every opportunity to leave without the need for further action and are offered assistance at every stage.

“As a last resort where all voluntary options have failed, families may be held in our pre-departure accommodation at Cedars, which is run in partnership with Barnardo’s.” Source: The Telegraph

In another high profile case last year, former X Factor contestant Gamu Nhengu and her family won their immigration appeal and right to remain in the UK after a public campaign with the backing of Simon Cowell despite breaking immigration rules.

See also:

Student wins article 8 human rights appeal after claiming he played cricket with friends

Student allowed by Immigration Judge to remain in UK despite buying a fake English certificate

‘Pet cat Human Rights Appeal’ overstaying student was a shoplifter

X Factor Gamu wins appeal against deportation to Zimbabwe

Premier League footballer Donacien could miss European match because he might not get back into the UK

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Defender Janoi Donacien, 18, has been denied permanent UK residency, or Indefinite Leave to Remain (ILR) by the Home Office, despite living here with his family since 2001 after arriving from St Lucia.

The fiasco means the rising star cannot leave the country to take part in the prestigious knockout stages of the NextGen Series, an Under 19 tournament.

Villa have been drawn at home to French club Marseille in this month’s quarter-final of the Champions League-style event.

But if they progress and are handed an away tie, centre back Donacien would be forced to remain in Birmingham. If his immigration appeal is eventually turned down, he could be kicked out of the UK for good.

Bryan Jones, Villa’s academy director, said: ‘Time is running out fast because, if this is not resolved, Janoi will be unable to play football in this country. That would be a travesty. It’s time that the authorities examined the case and allowed the boy residency so he can pursue his career.’

Villa and Donacien’s family, who live in Luton, are waiting for the UK Border Agency to make a final decision on his application. Lawyers and Luton South MP Gavin Shuker have alerted Home Secretary Theresa May, culture secretary Jeremy Hunt and immigration minister Damian Green, but they have taken no action.

Donacien has played for Villa’s Under 18s and reserves, but is still registered as a schoolboy so is not paid a salary.

A UK Border Agency spokesman said individual applications could not be discussed in detail but added: ‘All foreign nationals must ensure they have permission to remain in the UK. When someone with no right to remain has an application outstanding and travels out of the UK they will effectively withdraw their application.’ Source: Daily Mail.

Based on recent cases in the immigration appeals tribunals and Supreme Court, Donacien would most likely win an appeal against a refusal on Human Rights grounds.

Last week a trainee accountant from Bangladesh who came to Britain on a student visa was  granted permission to remain in the country after successfully claiming that he had made friends and ‘played cricket on Sundays’.

While the Home Office turned down Abdullah Munawar’s initial bid to stay on in the UK after graduating, the courts overturned the decision on appeal and ruled that he could continue to enjoy a “private life” in this country under Article 8 of the European Convention of Human Rights.

Last year Ranzo Avila, an illegal immigrant who had previously been was given a police caution for shoplifting, was the subject of a ministerial bust up between the Home Secretary and Ken Clarke after being allowed to stay in the UK partly because he owned a cat.

Avila overstayed his student visa but was allowed to stay in Britain after an immigration judge ruled in his favour in 2008. He concluded that the Bolivian’s right to family life would be breached because he was in an established relationship — reinforced by the fact that the couple had bought a cat.

In another case a bogus international student, Abbas Khaliq, who lied that he could speak English and admitted buying a fake language proficiency certificate was given leave to stay in Britain by immigration appeal judges.

Despite being ‘untruthful’ and ‘not a credible witness’, and failing to mention that his brother was an illegal immigrant here, the reluctant judges said Khaliq had broken no rules and could stay in the UK. 

In a further high profile case last year, former X Factor contestant Gamu Nhengu and her family won their immigration appeal and right to remain in the UK after a public campaign with the backing of Simon Cowell despite breaking immigration rules.

See also:

Student wins article 8 human rights appeal after claiming he played cricket with friends

Student allowed by Immigration Judge to remain in UK despite buying a fake English certificate

‘Pet cat Human Rights Appeal’ overstaying student was a shoplifter

X Factor Gamu wins appeal against deportation to Zimbabwe

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Bulgarians and Romanians exercising treaty rights as students under Yellow Card registration certificates are reporting that their applications are taking between three and six months to be processed and approved by the UK Border Agency. 

The Bulgarian and Romanian case working team in Sheffield, which appears to be swamped with Yellow and Blue Card BR1 applications, have up to six months to make a decision under their service standards. 

Bulgarian and Romanian student applicants, who are not allowed to work until they have received their Yellow Card permission, are understandably anxious and many give up and return home, or look for jobs overseas in other countries, because they can no longer afford to support themselves. 

Unlike other EU members, Bulgarian and Romanian citizens will not have unrestricted ‘free movement’ rights to work in the UK until at least the end of 2013. 

Joanna, a Student Administrator with NVQ provider Majestic College, reports that postal applications are taking much longer than earlier last year which is why many are now trying to obtain a personal appointment with the ‘same day service’ at Croydon: 

‘Most new applicants are trying for an appointment at Croydon, although this is not easy as the service is extremely busy. 

‘Yellow Cards do eventually come through after the UKBA have made all their checks and confirmed the work placements, but if documents, such as the comprehensive sickness insurance policy, are missing this can cause further delays or lead to a refusal.’ 

Even those who manage to obtain a same day service appointment in Croydon are not always successful on the day and find their cases are still referred to Sheffield. However, cases referred in this way are looked at much earlier than those sent via the postal service. 

Joanna offers the following tips for BR1 Yellow Card applicants: 

1. Follow the instructions and guidance carefully – the BR1 form looks simple but is not as easy to complete as you think. Some questions and requirements are repeated in different sections of the form, many of which do not apply to students. If in doubt, take advice from a qualified OISC registered Immigration Adviser. It is illegal to give immigration advice in the UK unless authorised. 
2. Make sure the BR1 Yellow Card application, which you can download from the UK Border Agency website, is fully completed and all relevant questions are answered and boxes ticked. 
3. Print your answers in BLOCK CAPITALS and follow British formats for postal addresses and dates. 
4. Ensure all documents are attached in the correct format – for instance if original bank statements are required do not send copies or un-endorsed internet print outs. 
5. Photographs must be in the correct format – see UK Border Agency website. 
6. For students on courses lasting six months or more Comprehensive Sickness Insurance is required under EU Law – an EHIC is not sufficient – so make sure you take out a fully comprehensive policy with a reputable insurance company. Send all the insurance documents not just the summary of cover. 
7. Keep copies of the form and all documents submitted and send by Recorded or Special Delivery post.

Finally, although the process may take time it will be worthwhile in the long run. There are jobs in the UK for those prepared to work especially in the care sector and catering and hospitality industry which already employs thousands of Bulgarian and Romanian workers. 

See also:

Immigration Rules for Bulgarian and Romanian nationals

HOW TO FIND APPLICATION FORMS FOR A ‘YELLOW’ OR ‘BLUE’ CARD REGISTRATION CERTIFICATE ON THE UK BORDER AGENCY WEBSITE

Free Movement of EU nationals explained

Health care workers needed in UK now

Employment restrictions for Bulgarians and Romanians extended until end of 2013

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Majestic College offer special packages for EU students. They also have a number of employers looking for staff right now and are willing to employ Bulgarians and Romanians.

For more information call Joanna on 0208 207 1020 or email info@majesticcollege.org

She said she had not meant to generalise when she wrote: ”White people love playing ‘divide & rule’”.

It was a response to criticism of media use of “black community leaders” after the Stephen Lawrence murder trial.

Labour’s Chuka Umunna said party leader Ed Miliband had told Ms Abbott her remarks were “unacceptable”.

In a statement, Ms Abbott said: “I apologise for any offence caused.

“I understand people have interpreted my comments as making generalisations about white people. I do not believe in doing that.”

‘Out of context’

Ms Abbott, the first black woman to be elected as an MP, had earlier tweeted that her remark had been “taken out of context”.

Shadow Business Secretary Mr Umunna told the BBC: “Ed Miliband has spoken to her this morning and made it very clear in no uncertain terms that the contents of the tweet were unacceptable.

“If Diane believed the words as they were expressed and she had not apologised then Ed Miliband would obviously have taken the requisite action.

“For us as politicians, Twitter is a very useful tool to communicate with people, but it has its perils.”

The original remark from Ms Abbott was a reaction to a conversation on Twitter about media coverage in the wake of the Stephen Lawrence murder trial.

It was a response to journalist Bim Adewunmi, who complained about the use of the terms “the black community” and “black community leaders” in the media.

‘Freedom of speech’

Hackney North and Stoke Newington MP Ms Abbott, who stood for Labour leader in the 2010 contest, remarked: “White people love playing ‘divide & rule’. We should not play their game” followed by “#tacticasoldascolonialism” – a way Twitter users flag up keywords and topics.

She added: “Ethnic communities that show more public solidarity & unity than black people do much better.”

The comments sparked much criticism from other Twitter users and she updated her page later to say: “Tweet taken out of context. Refers to nature of 19th Century European colonialism. Bit much to get into 140 characters.” The original remark was later removed.

In a statement, the Labour Party said: “We disagree with Diane’s tweet.

“It is wrong to make sweeping generalisations about any race, creed, or culture.

“The Labour Party has always campaigned against such behaviour – and so has Diane Abbott.”

‘Great history’

Deputy Prime Minister Nick Clegg said Ms Abbott’s comments on twitter were a “stupid and crass generalisation” and that she should apologise and explain her remarks.

Conservative MP Nadhim Zahawi told BBC Radio 5 live: “This is racism.

“If this was a white member of Parliament saying that all black people want to do bad things to us he would have resigned within the hour or be sacked.

“For a shadow minister to hold these sort of views is intolerable, it is wrong, she needs to go.”

Another Conservative MP, Rehman Chishti, told BBC Radio 4’s World at One the comments were “completely unacceptable” and amounted to “a racist comment”.

“If there was a strong leader in the Labour Party he would have taken further action against that.”

However another Conservative MP, Robert Halfon wrote on Twitter: “The Right should know better than to get all PC re @HackneyAbbott – disagree strongly, but let voters decide. Freedom of speech & all that.”

But she was supported by the senior Labour MP Keith Vaz, who told the BBC she was doing an “excellent job” as shadow public health minister and had a “great history of supporting the anti-racism struggle”.

“She’s done the right thing in withdrawing her statement and apologising for the offence that’s been caused.” Source: BBC.

See also:

Student wins article 8 human rights appeal after claiming he played cricket with friends

Senior Carers Workers win stage in appeal for right to settle in UK

Mandatory English tests for immigrant spouses are fair, High Court rules

Student allowed by Immigration Judge to remain in UK despite buying a fake English certificate

‘Pet cat Human Rights Appeal’ overstaying student was a shoplifter

A turbulent 2011 saw far reaching changes to UK Immigration Rules and a decline in the numbers of non-EU migrants and students

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Brussels rules are letting thousands of migrants into Britain ‘by the back door’.

Nearly 11,000 moved here this year on the basis of having been given citizenship in another EU country.

The total, revealed in figures from the Office for National Statistics, is up more than a third on the 8,000 cases recorded in 2006. Many of the migrants would normally have been barred from taking up residence in Britain.

But under EU rules they are automatically entitled to come here once they have EU citizenship and start working – or claiming benefits. The data, compiled from passenger surveys, shows that 47,000 non-EU immigrants have found their way to the UK using this method over the past five years.

Priti Patel, the Tory MP who uncovered the information, said the loophole completely undermined Government efforts to curb the surge in immigration that took place under Labour. She urged ministers to raise the issue in Brussels and take action to wrest back control of Britain’s borders.

Miss Patel took up the issue herself after a BBC documentary in October highlighted the case of an Ecuadorean family who moved to London after gaining citizenship in Spain.

The family of six were receiving £2,300 a month in housing benefit to rent a flat in Islington, as well as tax credits and child benefit.

Miss Patel said she was ‘astonished’ by the number of people entering the UK by this route.

She added: ‘The Government has made a commitment to cut immigration from outside the EU into  Britain. But those efforts are being completely undermined by this astonishing loophole which has already allowed 10,000 non-Europeans to sneak in through the backdoor each year.

‘The British public are living with the consequences of a decade of Labour’s open door policy on immigration which is why this Government must take on these EU laws that let non-Europeans come into Britain and access jobs and benefits.

‘It is in the British interest to reject these laws and on this issue, just say no to Europe.

‘This also raises the question of why these people are choosing to come here. They have entered the EU elsewhere and chosen to become citizens of other EU countries, yet they are still coming here.

‘Is it down to a benefits system which encourages people to come here and live off the state?’

The revelation raises fresh questions about the Coalition’s pledge to cut net immigration to under 100,000 a year. Last month official figures revealed that the figure had soared to a record 252,000 in 2010.

EU countries all have different requirements for migrants wanting to become a citizen, and there are fears that some could be a soft touch for those whose ultimate aim is to come to the UK.

EU rules mean that asylum seekers are meant to be dealt with in the country of their arrival. But in cases where a migrant or asylum seeker has been granted citizenship they are free to travel anywhere in the EU.

Critics claim that Britain’s generous benefits system acts as a magnet for migrants.

Ministers have introduced a range of measures designed to curb immigration, including a cap on the number of non-EU economic migrants coming here and a crackdown on private colleges providing a route into Britain on Tier 4 student visas.

But officials admit there is little they can do to curb immigration from the EU, because free movement of labour is a fundamental principle of the single market.

A landmark ruling by the European Court of Justice earlier this month stripped Britain of its power to return asylum seekers to Greece.

Under EU rules, British officials can return asylum seekers to the first European country they set foot in.

But the ECJ last week said no one should be returned to a country if it did not uphold their ‘fundamental rights’. This would rule out Greece because its asylum system is in such a mess.

Around 90 per cent of illegal migrants enter Europe through the country. Source: Daily Mail.

Short of leaving the EU there is little the UK can do to prevent European migrants and their families exercising treaty rights or settlement under EEA Rules. Although the vast majority come to Britain to work, unlike non-EU migrants on working visas or international Tier 4 students, EU citizens are entitled to claim benefits such as Housing, Unemployment and Child Benefit even if the children are not in the UK.

An estimated 1 million eastern European citizens have migrated to the UK since the EU expanded in 2004 allowing full ‘free movement of labour’ rights to the ‘A8’ countries such as Poland, Slovakia and Hungary.

Germany and France, the two main drivers behind the EU expansion and the failed single currency, did not give free movement of labour rights to its new partner nations leading to disproportionate immigration in the UK and Ireland, two of the countries which did. 

When two new former eastern bloc countries, Bulgaria and Romania, joined the European Union in 2007, Britain along with a number of European countries imposed work restrictions on the ‘A2’ accession members.

Romanian and Bulgarian (EU2) nationals seeking to work in the UK will still need permission from the UK Border Agency before they can work in the UK.

Employers are often unaware of the distinct difference between ‘A8’ nationals (Polish, Latvian, Slovakian, Czechs, Hungarians, Slovenians Lithuanians and Estonians), who joined the EU in 2004 and more recent members from Bulgaria and Romania. Although both groups have the same rights to freely enter the UK, where they previous required a visa, they do not enjoy the same rights to work.

Even though they are EU members, when it comes to employment Bulgarian and Romanian citizens do not have the same rights as other Europeans, for instance from Poland, Slovakia or other A8 Accession countries. See: Free Movement of EU nationals explained.

The UK government recently extended employment restrictions on Bulgarians and Romanians until the end of 2013 and Prime Minister David Cameron vetoed further treaty changes indicating that Britain wants to draw a line in the sand on further European expansion.

Euro sceptics hope that David Cameron’s action and a new EU inner sanctum could see Britain clawing back powers from Brussels and perhaps opting out of ‘free movement of labour’ arrangements which has seen unprecedented mass migration from poorer eastern European countries.

Bulgarians and Romanians coming to the UK can apply for various forms of permission to work such as a Yellow Card registration permit, which allows full time work and study full time on vocational courses such as NVQ or QCF courses in Health and Social Care. 

See also:

Employment restrictions for Bulgarians and Romanians extended until end of 2013

Could David Cameron’s EU veto spell the end of ‘free movement of labour rights’ and mass immigration from Eastern Europe?

Illegal immigrants find loophole to get in to UK on a Eurostar train from Lille straight into London St Pancras

EU and non-EU workers take more UK jobs as number of Britons in work plunges

Health care workers needed in UK now

HOW TO FIND APPLICATION FORMS FOR A ‘YELLOW’ OR ‘BLUE’ CARD REGISTRATION CERTIFICATE ON THE UK BORDER AGENCY WEBSITE

Free Movement of EU nationals explained

Immigration Rules for Bulgarian and Romanian nationals

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Majestic College offer special packages for EU students. They also have a number of employers looking for staff right now and are willing to employ Bulgarians and Romanians.

For more information call Joanna on 0208 207 1020 or email info@majesticcollege.org

Romanian EU citizen Gabriel Razvan Ionescu, 22, supplied fake passports to the Albanian men before boarding the P&O Ferries sailing from Rotterdam to Hull.

Officers from the UK Border Agency stopped Ionescu, who was driving a red Kia Sephia, as they disembarked at King George Dock on November 17.

Ionescu was sentenced at Hull Crown Court to two and a half years in prison.

Steve Lamb, regional director at the UK Border Agency, said: “People smuggling is a form of serious organised crime that preys on desperate and vulnerable people.

“The UK Border Agency is determined to stamp out this kind of illegal activity.”

Following an investigation by the UK Border Agency’s criminal and financial investigation immigration team, the Albanian men were returned to Holland.

Ionescu was held in custody in the UK and was charged with attempting to facilitate a breach of immigration law.

The Albanians, who were passengers in Ionescu’s car, were each jailed for two months on their return to Holland. Source: This is Hull and East Riding.

See also:

Judge rules that Irish Republic and Northern Ireland visa-free ‘common travel area’ not for benefit of foreign travellers

People smuggling gang ring leader jailed for 5 years

Sham marriage fixers jailed

Church of England Vicar facing jail for 31 sham marriages for illegal brides and grooms

EU and non-EU workers take more UK jobs as number of Britons in work plunges

Health care workers needed in UK now

HOW TO FIND APPLICATION FORMS FOR A ‘YELLOW’ OR ‘BLUE’ CARD REGISTRATION CERTIFICATE ON THE UK BORDER AGENCY WEBSITE

Free Movement of EU nationals explained

Immigration Rules for Bulgarian and Romanian nationals

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Majestic College offer special packages for EU students. They also have a number of employers looking for staff right now and are willing to employ Bulgarians and Romanians.

For more information call Joanna on 0208 207 1020 or email info@majesticcollege.org