Through his Uxbridge-based practice Immigration Experts UK Ltd, Harpreet Dhall, 34, drew up false employment histories for clients who were applying for visa extensions, to make it look like they were in highly-skilled or well-paid jobs.

In some cases, he arranged for regular payments to be made into their bank accounts, to make it look like they had regular salaries. It is thought that he charged around £5,000 for his services and had assisted around 70 clients.

It is estimated that Dhall, an Indian national living in Wordsworth Way, made around £400,000 through his criminal enterprise. His illegal dealings caught up with him following an investigation by the UK Border Agency’s West London Immigration Crime Team.

He had admitted to a charge of assisting unlawful immigration, and was sentenced at Harrow Crown Court last Tuesday (29).

Police will now look to seize the money made through the unlawful operation, and he will be deported to India on his release.

Four of Dhall’s clients were also locked up after pleading guilty to obtaining leave to remain in the UK by deception. Amongst them was 27 year-old Gurjeet Singh, of Monmouth Road, Hayes, who was given a six month jail term. Two men from Southall and one man from Isleworth were given between seven and 10 months.

Detective Inspector Robert Coxhead said after the hearing: “Dhall was involved in a very sophisticated criminal enterprise. His practice was involved in systematic fraud, fabricating whole histories for his clients to help them stay in the country.

“As this case shows, illegal immigration can be big business. I hope this sends out a message that we are committed to tackling the criminal groups behind it, putting the ringleaders before the courts, and, ultimately, behind bars.” Source: Uxbridge Gazzette.

If you need any immigration advice or are worried about the new immigration rules or need 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

Edinburgh University Students’ Association (EUSA) have registered their opposition to proposals from the UK Border Agency to limit the number of international students allowed to study in the UK, the Journal reports.

EUSA President Liz Rawlings discussed the Student Immigration System consultation document during a meeting with Scottish Government officials.

The document clearly suggests restricting the availability of post-study work visas, further English language tests for applicants and a ban on student visa holders bringing dependents to the UK if their course is less than 12 months long.

Ms Rawlings said: “The proposals in this consultation have not been thought through. Taking away the post-study work visa would be disastrous for current international students and would radically reduce the number of students coming to the UK to study in future.

“International students benefit Scotland and the rest of the UK both economically and culturally. They also significantly contribute to the diversity of Edinburgh University, which should be celebrated, not restricted.

“EUSA are opposing these proposals in the strongest possible way.”

Foreign students make up most of numbers increase

The meeting between Ms Rawlings and the Scottish Government came as figures released by UCAS on 20 January showed that the rise in student numbers in 2010 was entirely made up of foreign students.

Of the 5,475 extra places awarded at UK universities last year, EU students filled one third, with the rest taken up by students of other nationalities. The number of British students on courses in the UK fell during the previous year by 400.

According to Universities Scotland, which represents the university principals, the new immigration laws will mean that Scotland will have stricter visa rules and regulations than the United States, Canada, Australia and Germany, all of who are in close competition with Scotland for overseas students.

UCAS reported that there were 3,208 non-EU applicants accepted to Scottish universities in 2010, a number nearly equal to the 3,365 accepted applicants from the EU.

Universities Scotland has written to MPs and requested a separate immigration policy for Scotland, arguing that the current proposals may pose a “big threat” to universities in the country.

Alastair Sim, the director of Universities Scotland, complained about the restriction proposal that came at the same time as funding cuts to universities, stating: “At the same time as university funding is cut across the UK, and universities are told to increase their income from other sources, we face a set of proposals which will completely undermine our ability to succeed in what is already a highly competitive market.”

Overseas students often pay twice the amount or more in tution fees compared to UK and EU students. In 2006-2007, six per cent of students studying in Scotland were from countries outside the EU, and in 2007-2008 the total income from international student fees to all 20 Scottish universities was £188 million.

UKBA announced in December that it was seeking opinions on proposed reforms to Tier 4 visas, used by foreign students coming to the UK.

Immigration Minister Damian Green said: “I believe attracting talented students from abroad is vital to the UK but we must be more selective about who can come here and how long they can stay.

“People imagine students to be those who come here for a few years to study at university and then go home – that is not always the case. Too many students coming to study at below degree level have been coming here with a view to living and working, rather than studying. We need to stop this abuse.”

The consultation encompasses 11 possible changes to UK immigration law affecting students. One major concern is the proposed limits on employment rights, particularly for work placements and work between undergraduate and postgraduate study.

Ms Rawlings singled out the proposal to limit the rights of students to bring dependents to the UK as potentially being in violation of human rights legislation.

“It would be a disaster for single parent families, who have a right to a family life,” she told The Journal. Source: Journal-online.co.uk

See also: 

How to Obtain a Student Visa to Study in the UK

Scottish Universities fears over tough new Tier 4 visa rules

There are just a few days remaining to take part in the Student Immigration System public consultation which will help shape the future of international student visa rules in the UK for the next few years.

You can respond online to the consultation at: http://www.ukba.homeoffice.gov.uk/student-consult-online 

Immigration rules are changing all the time and whilst the above information will be correct at the time of going to press you should always check the UK Visas and UK Border Agency websites for updates.Bison UK are offering a free initial immigration consultation for students – no appointment required. 

To benefit from this offer, email Evelie at Bison UK  evelie@recruitnurse.com or call her on 0208 9051822 (overseas clients call +44 208 905 1822). Website: www.recruitnurse.com

In March 2009 the UK Border Agency implemented the Tier 4 points based system for student visa applicants. In the year that followed record numbers of international students obtained visas to study in the UK. 

One of the main reasons that around 300,000 students were granted visas was that for the first time entry clearance was granted purely on the basis of a qualifying points score rather than at the discretion of an entry clearance officer (ECO). The more relaxed regime resulted in far less refusals and visas being granted in a matter of days and weeks instead of months.

How do I qualify for a Tier 4 student visa?

To qualify for entry clearance to the UK under a student visa, you need to obtain a minimum score of 40 points for your application to be considered: 

• 30 points – awarded for taking a course with an approved educational provider
• 10 points – award for proving maintenance

The UK Border Agency awards 30 points if you are accepted to a suitable course in an ‘A’ or ‘B’ rated, or highly trusted educational institution listed on the Tier 4 Sponsors Register. Publicly funded educational institutions, universities and private colleges and schools are among those institutions allowed to sponsor non-EU students. If the institution is not on the Tier 4 sponsors register you will not get a visa. 

What is an acceptable level of course?

The UK Border Agency specifies that a course which leads to an approved qualification is:

• approved at level 3 or above on the National Qualifications framework (NQF), or at the same level in the Scottish Credit and Qualifications Framework (SCQF), by the Qualifications, Curriculum and Assessment Authority for Wales (ACCAC) or by the Council for Curriculum, Examinations and Assessment (CCEA) in Northern Ireland; or
• a short-term study abroad programme in the UK as part of your qualification at an overseas higher education institution, as long as UK NARIC confirms that the qualification is at or above the level of a UK degree – you can find UK NARIC’s contact details on the right side of this page; or
• an English language course at or above level B2 of the Common European Framework of Reference for Languages.

For lower level courses you will need to show a minimum proficiency in English by taking a secure English Test.

The documentary evidence you need to submit to claim the 30 points is the Confirmation of Acceptance for Studies (CAS) reference number (this replace the paper based Visa Letter), which will be given to you by your education provider. 

In as much as students under the Tier 4 visa can expect limited access to public funds, applicants are required to be able to present proof that they are financially able to support their studies and living costs while in the UK. Either a bank statement or a certification of financial capacity is the documentary proof a prospective student has a present to claim the 10 points for the maintenance requirement. 

English Language Requirement

Last year new immigration rules were introduced which now require prospective Tier 4 Student Visa applicants to present proof of English ability if they are enrolling on courses below NQF level 6 and its equivalents, but excluding those students who are enrolling on Foundation degrees and HND’s in Scotland. Proof of English should be at a minimum of CEFR level B1.

How do I apply for a student visa?

You may lodge your application for a Tier 4 Student Visa using an online application, which you can find by going to your local British Embassy or UK Visas website. You need to complete the points scoring as one of the appendices. The other appendices are the Confirmation of Acceptance for Studies reference number to be given by the educational institution, and the certification that you have the required amount of maintenance based on the length of your course and the location of the educational institution. 

How much money do I need to satisfy the maintenance requirement?

If you will be studying on a course longer than 9 months in inner London, your monthly maintenance would be amount to the first year’s course fees plus £7200 to cover living costs for nine months. For outside the inner London area it will be the first year’s course fees plus £5400 to cover living costs for nine months. 

The maintenance requirements differ for those extending student visas whilst in the UK. For Inner London you need to show that you have a minimum of the first year of course fees and £1,600 to cover living costs for two months, and £1200 for outside the inner London area. 

However, the above figures only apply to those students who can demonstrate an ‘Established Presence’ in the UK – have you completed your previous course?

Effective October 1, 2010, the UK Border Agency has set the new fees for visa applications. For those outside of the UK, the mail applicant needs to pay a fee of £220. A £220 application fee will also be assessed for each family member (partner or children) applying at the same time or at a later time with that of the main applicant. Student visa processing is free of charge for Chevening, British Marshall, Fulbright and Commonwealth Scholarship or Fellowship Plan holders. 

If you are in the UK and submit the application by post, the fee is £357 for the main applicant. Additionally, partner or child under 18 will be assessed £100 each if they apply together with the main applicant; £500 each if they apply later and £500 each for children over 18 years old. 

Submissions made personally will cost £650 for the main applicant; £150 for each family member included in the main applicant’s application form as long as the child is under 18, £800 if submitted later; and, £800 for each child over 18. 

Can I work whilst I am studying in the UK?

Yes, you can work part time during your stay and, subject to the rules, you are allowed to:

• work part-time (up to 20 hours per week) during term-time;
• work full-time during vacations;
• do a work placement as part of your course;
• work as a postgraduate doctor or dentist (if your course of study is a recognised Foundation Programme); and
• be a student union sabbatical officer for up to two years.

The immigration rules concerning work and vocational and lower level courses were changed by the UK Border Agency last April. In brief, the Immigration Rules now contain changes from last year’s Tier 4 review, including the rules governing the new Highly Trusted sponsor licence. Only sponsors who hold a Highly Trusted sponsor licence (mostly government and larger institutions) can now offer the following courses, known as ‘restricted courses’, to Tier 4 (General) students:

• courses at National Qualifications Framework (NQF) level 3 or equivalent; and
• courses below degree level that include a work placement (other than foundation degrees, which can still be offered with a work placement by any Tier 4 (General) sponsor).

Following the changes, education providers who hold a standard Tier 4 sponsor licence are only able offer courses at or above NQF level 4 or equivalent, and cannot offer courses that include work placements unless those courses are degree-level courses or foundation degrees. 

If you are studying a restricted course at an institution that does not hold a Highly Trusted sponsor licence, or is temporarily suspended from bringing in new students, you can continue to study at that institution until you complete their course of study or your visa/permission to stay under Tier 4 expires, whichever is sooner.

In practice, most students coming to the UK choose to study higher level courses at level 5 and above.

I am in the UK and want to renew my student visa but confused about how all the recent rule changes will affect my application as I am changing college?

Probably the most common questions in our mailbox relate to student visas, visa extension refusals and working hours. Students, employers and even the occasional UK Border Agency officer are confused by the raft of immigration rule changes over the last few years.

A major concern is what students should do to stay on the right side of the law when moving college or changing course. The answer to these questions largely depends on when you arrived in the UK and what type of visa you hold. See Yes, there are many types of student visa so beware when changing college. 

Do I need an Immigration Adviser?

You do not have to use an adviser or lawyer to make a UK immigration or visa application, however, mistakes can be very costly so it can pay to take professional advice from a qualified registered Immigration Adviser before you apply. 

For instance, one mistake on a Student Tier 4 General form (or FLR form), or forgetting to submit the correct supporting documentation, could result in a refusal which may then involve a full appeal at the Asylum and Immigration Tribunal (AIT) or curtailment of your visa. You will also lose the fees paid to the UK Border Agency.

To provide immigration and visa assistance to students, Bison Management UK Immigration Law Practitioners are running a special ’promo’ for international Students who are due for visa extension. The special visa handling fee is now just £595 including VAT (was £650), which includes legal advice, assessment of supporting documents and completion of the 43 page Tier 4 Student form.  

Bison UK also offers a free initial immigration consultation – no appointment required. 

To benefit from this offer, email Evelie at Bison UK  evelie@recruitnurse.com or call her on 0208 9051822 (overseas clients call +44 208 905 1822). Website: www.recruitnurse.com

Immigration rules are changing all the time and whilst the above information will be correct at the time of going to press you should always check the UK Visas and UK Border Agency websites for updates.

There are less that two weeks left to take part in the Student Immigration System public consultation which will help shape the future of international student visa rules in the UK for the next few years.

You can respond online to the consultation at: http://www.ukba.homeoffice.gov.uk/student-consult-online

A major concern is what students should do to stay on the right side of the law when moving college or changing course. The answer to these questions largely depends on when you arrived in the UK and what type of visa you hold.

If you are here on a student visa prior to March 2009, when Tier 4 started, you retain the terms and conditions of your stay in the UK associated with the old rules, until your current permission to stay expires. Under the old rules changing your educational provider is a relatively straightforward matter of informing the UK Border Agency and does not involve reapplying for your visa. But if you extend your stay in the UK as a student, you will need to apply to us under Tier 4 of the points-based system.

If you are a Tier 4 student and arrived before October 2009 you need permission to change sponsor, but not a change of visa. However, if you applied for your visa after 5 October 2009 your visa is tied to your provider and you must make a new application for permission to stay before you start your course with a new sponsor.

Switching courses with the same provider does not require a new permission from the UK Border Agency as long as you have sufficient existing leave on your visa. The provider should inform the UK Border Agency that you have changed course.

Employers need to be aware that students who obtained their visas after 5 October 2009 and later changed sponsor without obtaining a new visa are no longer legally in the UK, which means they could be hit with a £5000 for employing them. In addition, some students arriving after March 2010 may have permission to work just 10 hours a week. To clarify, that’s 10 hours per week, not 10 hours a day!

The rules are a minefield, so if in doubt seek professional advice from an OISC registered immigration adviser.

Finally, if you are in the UK on either of the above student visas, you must be engaged in full time study. Your student visa is not valid if you are not studying and following the rules.

Cynthia Barker is a UK based qualified Immigration Adviser with Bison UK, and writes for Planet Philippines.

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

The findings are revealed by the Chief Inspector of Prisons for England and Wales, Dame Anne Owers.

Inspectors monitored immigration escort staff involved in removing detainees from Heathrow Airport.

It says when officers escorting immigration offenders mistreat them, removals are more likely to fail.

The report cites the case of four Afghan detainees, who were initially willing to fly home.

Then, in what the report describes as an “unnecessary and intimidating” intervention, escort staff warned the detainees they would be “dealt with” if they were “naughty” on the plane. They refused to go.

Valid documents

Removals were also cancelled due to staff shortages and because nurses had not been booked to accompany detainees with health problems.

Sometimes detainees were flown back to the UK because their home countries said their paperwork was not in order.

On one occasion, escort staff taking a woman to Mozambique were themselves locked up after the authorities there questioned whether their documents were valid.

Dame Anne said: “This short report found worrying gaps and weaknesses in complaints and monitoring processes.

“It also found varying practice, with no evidence that the good and thoughtful approach of some staff was mirrored in clear and consistent standards of treatment, support and communication.

“This heightened the risk of ill-treatment or abuse, and was also likely to lead to failed removals.”

David Wood, director of the criminality and detention group at the UK Border Agency said anyone involved in the detention and removal of detainees was highly trained.

“Many detainees refuse to leave the UK voluntarily, even when the courts say they must. In some cases individuals become violent toward themselves, the public or our staff when it is time to go home.

“Detainee escorts have a very difficult job to do in carrying out what the public expects of the UK Border Agency in enforcing our immigration laws.” 

Source BBC 

It is estimated that the cost of deporting a person is around £10,000, but this could be much higher if the case goes to a legal aid funded appeal, with the migrant being held in a detention centre for months on end.

Leading think tank, ippr, said it would it would take at least 20 years to find and remove half a million illegal immigrants at a cost of over £5 billion.

Earlier this month the Government was criticised for wasting millions of pounds flying illegal immigrants back to their country in private jets.

Have you had any experience or dealings with removal teams? Make your comment below.

Related articles:

Millions wasted on deportations by private jet

UK immigrant amnesty ‘worth £3bn’ say LSE 

If you need any immigration advice or help with Studying in the UK, Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email:

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

The UKBA said:

“We have made these changes in response to concerns that our customers have raised, and to ensure that the points-based system continues to facilitate the trade and travel that benefits the United Kingdom whilst also ensuring that the immigration system is not open to abuse.”

The changes to the system include:

• Creating an escalation route for University Vice-Chancellors and Academic Registrars through the use of a dedicated mailbox for urgent incidents requiring immediate attention, with a guaranteed response within 72 hours.
• Modified rules on students’ maintenance requirements.

Additionally, the UKBA are:

• Developing new guidance for ‘milkround’ recruitment campaigns, to provide a truer test of the resident labour market whilst meeting the needs of businesses;
• Outlining plans to develop our IT system, making it even easier for customers and sponsors to use;
• Looking at developing a new employer led route for interns to sit alongside and complement our existing Government Authorised Exchange schemes
• Making a number of changes to our guidance for points-based system sponsors.

You can download a full list of the changes to the sponsor guidance and information on the UKBA website or visit:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/table-of-changes-7-August

If you need any immigration advice or help with Studying in the UK, Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email:

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

I have been speaking at the MOVE Migration Expo, which attracted thousands of people hoping to migrate to Canada, Australia, New Zealand, the UK and USA.

The first MOVE Expo has been a spectacular success, according to organisers IVC (Immigrant Visa Centre). Director Crispin Aranda said that around 6000 people attended the two day programme, which had expert speakers covering a wide cross section of subjects gave informative break out sessions speeches on Migration to Australia, Canada, New Zealand, USA and the UK. 

Several speakers spoke of Tier 4 student visas and British course to enable Filipinos to up-skill themselves to increase their international marketability. 

Others speakers included; Zenalyn Ablao from AG Finance, Rusty Francisco, of NC-LEX. 

The packed crowd of hopeful migrants visited over 65 stands in the huge new SMX Convention Centre, part of the Mall of Asia complex, the largest shopping mall in Asia. 

The US and Canada was the obvious first choice for most enquirers, but there is an increasing interest in Australia and New Zealand where the immigration system is more open and attractive to skilled workers. 

Both Australia and Canada offer faster and more flexible routes to settlement than the UK, which has recently introduced the Border Immigration and Citizenship Act which will eventually increase the number of years of required work to apply for residency from five eight.

Britain’s proposed ‘Pathway to Citizenship’ is more like a road to purgatory compared with settlement rules in Canada, Australia and even the United States.

In Canada, even lower skilled fast food counter workers on work permits can apply for residency after six months in some states.

Australia even allows graduating students to apply for residency, in a bid to retain talent.

UK NVQ student schemes attracted huge interest among the hundreds of nursing graduates looking to learn new skills to enhance their career prospects abroad. 

Saturday speakers included: Crispin Aranda of IVC, Charles Kelly of Immigration Matters, Banco de Oro, AG Finance on student loans, Philippine Nurses Association and the British Council.

The organisers say they will run a second show in February 2010.

MORE IMMIGRATION NEWS THIS WEEK:

WWW.IMMIGRATIONMATTERS.CO.UK/CATEGORY/NEWS

Judge condemns Government’s ‘lax’ immigration policy

A Crown Court Judge condemned the Government’s immigration policy and lack of border controls whilst passing sentence on an illegal immigrant this week. 

Senior Surgeon calls for Immigration Rule change on Doctors

The BBC reports that a senior surgeon is calling for immigration rules for overseas doctors to be changed to allow for increased recruitment of middle-grade medics, but the UKBA say the points based system is flexible enough.

Points based system to fully support recruitment of international students says Lord Mandelson

Lord Mandelson has assured the education sector that he will ensure that the points based system for student visas supports the UK education sector.

Immigration Officers strike threatens airport chaos

The walk out by immigration officers bound to cause delays for non-EU travellers, where long queues are the norm, especially migrant workers and students arriving at major ports.

Would you live in Scotland to earn a British Passport?

Despite the negative press, the idea of allowing immigration to counter emigration from areas of the UK seems to make sense. Similar schemes are used to attract people to live in less popular parts of Canada and Australia.

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

info@immigrationmatters.co.uk or visit http://www.immigrationmatters.co.uk/

Keshav Singhal said Wales was more affected by a UK-wide shortage of doctors than other areas. He said:

“The recruitment from the Indian subcontinent which traditionally filled a lot of gaps in the NHS has almost completely dried up.”

The UK Border Agency (UKBA) said the points based immigration system used was flexible.

The British Medical Association in Wales has called for urgent action over the shortage of middle-grade doctors, who often act as the senior doctor on duty in hospitals.

It has said immigration law changes have led to doctors recruited overseas having their entry to the UK delayed.

One west Wales NHS trust has said it has more than 60 vacant doctor posts which could make some of its hospitals “clinically unsafe”.

In Swansea, a crisis in doctor recruitment has led the city’s in-patient paediatrics unit being moved from Singleton Hospital to Morriston Hospital. The move is being made on Thursday.

Mr Singhal, a consultant orthopaedic surgeon, said immigration policy changes as well as the European directive limiting junior doctors’ working hours were affecting doctor recruitment. He said:

“The two coming together more or less at the same time has meant that we just don’t have enough pairs of hands.

“The doctors who are permitted to come over [from overseas] are only permitted to do so for very short stretches, which is neither enough to complete their training, nor enough to give them a career in this country.

“The government needs to look at it very seriously and perhaps devise a Welsh-specific solution because it’s more of a problem in Wales than it is in home counties.”

Points-based system

He said Wales historically had a recruitment shortfall because locally-trained doctors had a “tendency to gravitate towards London”.

“That [shortfall] has traditionally been filled by overseas doctors and that has dried up,” he said.

A UK Border Agency spokesperson said:

“Our Australian-style points based system does not prevent overseas doctors the health service needs from coming to the UK.

“Foreign doctors can come here to work through Tier 1, which is for highly skilled migrants, or Tier 2, which is for skilled migrants. Students coming to the UK to study medicine can come in under Tier 4.

“The points based system means only those we need can come here to work. It is also flexible so that we can raise or lower the bar according to the needs of the labour market and the country as a whole.

“Overseas doctors who meet the criteria will be welcomed.

“The Migration Advisory Committee has also recognised shortages in a number of specialities and their advice has been accepted by the government.”
Source BBC

Immigration Matters Comment

The UKBA is technically correct, although it is not that easy for foreign Doctors to understand and jump through the hoops of Tier’s 1,2 and 4.

 Even under the previous Work Permit scheme, increasing overseas recruitment for any sector would be simply be a matter of the Home Office or UKBA adding the job to the Shortage Occupations list.

The UKBA recently revised the list following recommendations by the Migration Advisory Committee (MAC), which advises the Government on labour shortages throughout the UK, but did not include junior or middle ranking doctors.

The list had been earlier revised because British junior doctors were not able to find work.

The problem appears to be regional rather than national. Wales and Scotland has always struggled to recruit both Nurses and Doctors, as migrant workers tend to gravitate towards larger Cities and the South East of England.

Scottish MP’s have long called for its own immigration policy, but this has been ruled out due to fears that the system could be abused.  

Scotland (and parts of the North of England and Wales) has a falling population, but has yet to come up with any other way of increasing the number of people willing to settle there other than through immigration.

I am in the Philippines this week an will be speaking at the MOVE EXPO at the SMX Convention Centre in Manila on 31 July and 1 August. 

The migration show and conference is expection up to 10,0000 visitors and will have exhibitors of work and study schemes, as well as colleges such as NVQ provider Majestic College.

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

info@immigrationmatters.co.uk or visit http://www.immigrationmatters.co.uk/

Related articles

Would you live in Scotland to earn a British Passport?

New Government-approved shortage occupation lists for Tier 2 of the Points Based System

How to switch immigration categories into the skilled worker category (Tier 2 General)

Points Based Tier 4 starts 31 March  

UK migrants face tougher challenge to work, study or settle

Public concerns about a “population explosion” over the next 20 years have forced the Government to propose a points-based system for those seeking citizenship.

The population of 61million is expected to hit 70million by 2029 and ministers have made it harder for migrants on work permits to stay permanently in the Borders Citizenship Act 2009, which received the Royal Assent on 21 July.

But yesterday, the Scottish Secretary revealed that if immigrants were willing to live in under-populated parts of Britain, they would find it easier to pass the test.

Jim Murphy said:

‘Having lived and worked in Scotland is proposed as one way to earn points.’

The move, contained in a draft consultation to be released in the next few weeks, means prospective British citizens already settled in Britain may flock north of the border, where the population is falling, to ensure they have enough points to be successful.

Critics point out it will be extremely difficult to check that an applicant is living and working in Scotland and whether they will stay there.

Also, once a passport application is approved, the Government has no control over the person’s movements as there are obviously no border controls, unless Scot Gordon Brown is proposing to rebuild the Roman ‘Hadrian’s Wall’.

Shadow Immigration Minister Damian Green said:

“This is completely absurd.”

Campaigners said it could damage a sound Home Office policy that is designed to make it tougher for migrants to settle in Britain. At present, there is a firm link between a migrant obtaining a visa to work here, and going on to receive a British passport.

Under these rules, the number of British passports given to migrants is set to hit a record of almost 220,000 this year.

During the first three months of 2009, 54,615 citizenship applications were issued by the Home Office to qualifying migrants – up 57 per cent on the same period a year earlier.

Last year, the number of passports granted was 129,310, and when Labour came to power in 1997, just 37,010 people were given citizenship.

Sir Andrew Green, chairman of the campaign group Migrationwatch UK, said:

“It is an excellent scheme to split economic migration from the right to settle, but it makes no sense to treat Scotland differently.

“A condition requiring residency in Scotland is completely unenforceable. ‘England receives over 90 per cent of immigration, and faces 95 per cent of the extra 10million population now projected for the next 20 years.

We cannot allow the tail to wag the dog on a matter that is so important to the future of our society.”

A Home Office spokesman said:

“The points system has already proved to be a powerful tool for controlling migration, which is why we are now looking at applying its principles to the path to citizenship.

“The measures require migrants to earn citizenship.

“This is the first step towards breaking the automatic link between temporary residence and permanent settlement.

“But, we want to look at raising the bar even more.”

Immigration Matters Comment

Despite the negative press, the idea of allowing immigration to counter emigration from areas of the UK seems to make sense. Similar schemes are used to attract people to live in less popular parts of Canada and Australia.

Scotland (and parts of the North of England and Wales) has a falling population, but has yet to come up with any other way of increasing the number of people willing to settle there.

Read more: http://www.immigrationmatters.co.uk/royal-assent-for-the-borders-citizenship-and-immigration-act-2009.html

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

info@immigrationmatters.co.uk or visit http://www.immigrationmatters.co.uk/

How will the Care Sector, which depends on overseas workers, and work permit holders be affected by the new Law? 

This week the Borders, Citizenship and Immigration Act 2009 received the Royal Assent, which means the Borders, Citizenship and Immigration ‘Bill’ has now officially become an Act of Parliament and is now enshrined in UK Law.

When a Bill has completed all its parliamentary stages, it needs Royal Assent from the Queen before it can become law. Bills that receive Royal Assent become Acts of Parliament.

The rules are part of the biggest curbs on migration in six decades and will make it harder for working migrants to settle in the UK.  

Related articles:

Borders, Citizenship and Immigration Bill will make it harder to settle in the UK

How will new Act affect non-EU Care Sector workers?

The care sector, which includes hospitals, care homes and domiciliary care agencies employs a large number of non-EU care workers and nurses on work permits.

Many of these migrant workers, employed on work permits, are expecting to obtain permanent residency or ‘Indefinite Leave to Remain’ (ILR) when their current permits expire – having worked for five years.

Under the new Act they may find that this is no longer possible.

Employers could find themselves having to once again extend work permits, which will mean paying further fees and registering as sponsors under Tier 2, if they want to keep their overseas staff such as Senior Carers and Nurses.

Thousands of work permit holders have already had to extend work permits and leave to remain in the last three years when the Home Office moved the then ILR limit from four to five years.

Now the Government is bringing in further changes, which it openly admits will cut down the numbers of migrant workers settling in the UK.

Whether or not you agree with immigration, there can be no argument about the need for overseas workers in the long term care sector.

What should you do if you are in the UK on a Work Permit?

Evelie Padadac of Immigration Advisers Bison UK advises migrant workers to “apply for Indefinite Leave to Remain as soon as you are eligible and make sure your current permit takes you beyond five years of continuous work”.

The new law does not mean work permit holders can no longer obtain ILR, but it will take longer to obtain.

What should you do if you are in the UK under other categories such as ILR?

Apply for Citizenship as soon as you are eligible, unless of course you have no desire to be a British Citizen.

If you do not agree with the above changes, you should write to your MP and ask him or her to write to Phil Woolas to request a longer transitional period.

MORE IMMIGRATION NEWS THIS WEEK:

WWW.IMMIGRATIONMATTERS.CO.UK/CATEGORY/NEWS

House of Commons Home Affairs Committee report on ‘Bogus Colleges’ slams Government

The House of Commons Home Affairs Committee has published it’s report on ‘Bogus Colleges’ heavily criticising the Government for doing enough to control rogue educational institutions. MPs on the committee claim that tens of thousands of foreign nationals “may” have been brought into the UK illegally by fake colleges. Full story…

Borders, Citizenship and Immigration Act gives new powers to Border Officers

The Borders, Citizenship and Immigration Act, which received the Royal Assent on 21 July 2009, gives thousands of customs and immigration officers wide ranging new powers, the UK Border Agency has announced. Full story…

UK Swine Flu Advice Service launched  

A new Swine Flu advice and resource service has been launched today in England by the National Pandemic Flu Service. Full story…

The 2009 MOVE EXPO SMX Convention Center 31 July to 1 August

The 2009 MOVE (Migration Overseas opportunities, Visas and Employment) Expo gives Filipinos a unique opportunity to visit exhibitors from the USA, Canada, Australia, New Zealand and the UK – all in one place. Charles Kelly of Immigration Matters will be speaking at the event at the SMX Convention Center, Mall of Asia, Manila from 31 July to 1 August 2009.

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

info@immigrationmatters.co.uk or visit http://www.immigrationmatters.co.uk/