Mr Green also announced that he wanted to break the link between temporary and permanent migration and look at the way courts interpret the human right to family life, which he said has led to a “ridiculous and damaging situation” and risks a “dangerous” stand off between parliament and judges.

The government is also proposing to set a minimum income level for any sponsor seeking to bring in a foreign spouse – and said the recommended level was between £18,600 and £25,700.

The news will be of grave concern to the thousands of skilled workers on Work Permits and Tier 2 Working Visas who are earning less than £31,000.

Whilst the UK has never guaranteed working migrants permanent residency under the terms of their work permits, most were expecting to one day qualify for indefinite leave to remain (ILR) after working in Britain for 5 years.

The Minister has not announced any transitional arrangements for those already here. But if the new rules are applied to all existing migrants, the minimum threshold would not be reached by most nurses, senior carers, chefs, care managers and many other occupations where the basic pay rate is less than £31,000.

Some of the questions being asked are:

• Will the new earnings test apply to all existing work permit holders or new entrants after a certain point?
• Does my dependant husband’s income count towards the minimum salary requirement?
• How long do I have to be earning £31,000 for or is it my current salary level that counts?
• If I cannot qualify for ILR will I be able to extend my work permit after 5 years?
• If I have children born in the UK do I have a right to stay under Article 8?

The answer to most of these questions are only known to ministers and Home Office officials at this stage because full details of the reforms have not yet been revealed.

The government is committed to reducing net migration to the ‘tens of thousands’ by 2015 and major reforms to the immigration points based system will be needed to reach these targets.

The changes do not affect EU migrants from Eastern European countries such as Poland and Slovakia, or Bulgarians and Romanians exercising Treaty Rights to obtain Yellow Cards.

See also:

Settlement in UK to be linked to a minimum salary of £31,000 says Immigration Minister

Human rights decisions led to ‘ridiculous and damaging’ situation, says UK Immigration Minister

Romanian workers offered UK jobs while 2.7 million claim benefits

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

A recruitment agency in Bucharest is advertising 2,434 vacancies for British jobs according to the report.

The Romanian agency ‘tjobs.ro’ revealed that many of the UK-based posts were for medical staff, tourism workers and skilled staff.

And 25% of the unfilled roles on offer were for labourers and unskilled workers. The news comes as the number of jobless Brits hit a record 17-year high of 2.68million.

And yesterday Sir Andrew Green, chairman of campaign group Migration Watch UK, said: “One has to ask why employers feel the need to go abroad to recruit for these jobs.”

Unemployment in Britain currently stands at 8.4%, the worst figure since 1994.

The Daily Star revealed this month how 23 British jobs were lost for every 100 migrants let in.

A hard-hitting report by the Migration Advisory Committee showed 160,000 UK-born workers had missed out on employment since 1995 as a result of immigration.

The study looked at the problems immigration was causing for Britain’s stretched public services.

Researchers found average earnings have remained the same, but wages at the bottom have fallen. Source: Daily Star.

The question we should be asking is why British firms are advertising jobs in another EU country when so many unemployed workers are supposedly available to work on their doorstep?

The newspaper article does not point out that there are hundreds of thousands of job vacancies in the UK being advertised on a regular basis, and not all of these jobs vacancies are filled by local workers.

For instance, despite high UK unemployment healthcare support workers or care assistants are still desperately needed by employers who cannot fill vacancies locally.

Even though millions of British people are unemployed and the country’s economy in the doldrums, the care industry still has massive problems in finding care or support workers for the 20,000 plus homes. 

A recent search on one Government Job Centre Plus website, Job Seekers Direct Find a Job Now, revealed over 300 job vacancies within a 75 mile radius of central London region alone. 

Some employers are offering as much as £10.50 per hour, £4.57 above the national minimum wage, for a Health Care Assistant for a dementia care unit in London. 

The website quoted in the article offers jobs all over Europe. They appears to be mainly advertising vacancies for Au Pair, baby sitting and care jobs in the UK, all of which are hard to fill locally.

The news that employers are recruiting in Romania will surprise many as, despite being members of the European Union, Romanians cannot work in the UK as employees without permission.

Employers wishing to hire a Romanian, or fellow EU2 member citizens from Bulgaria, need to apply for a work permit and low skilled jobs do not normally qualify.

However, in the case of temporary low skilled workers, such as seasonal agricultural workers where there are always shortages, employers or agencies can apply to the UK Border Agency for a six month SAWS (Seasonal Agricultural Workers Scheme) permit.

SAWS allow farmers and growers in the UK to recruit low-skilled overseas workers to do short-term agricultural work only. The scheme works on a quota basis. Farmers and growers who participate in the scheme can employ a fixed number of overseas workers though the scheme each year. In 2010 and 2011 the quota is 21,250 places.

To be able to apply to come to the UK under the SAWS, you must be a national of Bulgaria or Romania. Workers get a work card which gives them permission to work in the UK under the scheme for a maximum of 6 months.

There is also a scheme for Au Pairs coming from Romania and Bulgaria, but this type of work is low paid and traditionally taken by students wishing to learn English.

Bulgarians and Romanians coming to the UK on Yellow Card registration permits can study and work full time on vocational courses such as NVQ or QCF courses in Health and Social Care or customer service by exercising their Treaty Rights under Article 39.  They can also apply for a self employed yellow card, but the application must be supported by a genuine case for setting up a business.

UK work restrictions on Bulgarian and Romanian nationals were recently extended until the end of 2013 by Immigration Minister Damian Green.

See also:

Employment restrictions for Bulgarians and Romanians extended until end of 2013

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

Immigration Rules for Bulgarian and Romanian nationals

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

Health care workers needed in UK now

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

Senior Care Workers fight for the right to settle in the UK

JCWI is acting for a number of overseas care workers – senior carers, as they are known in the various Home Office policies which relate to them.

We understand that there are around 20,000 non-EEA migrant workers currently working as senior carers in the UK. Many of them were recruited by agencies, particularly in the Philippines, in the early years of this century, at a time when the UK Government was desperate to fill vacancies in the nursing homes, retirement homes and hospices throughout the country. JCWI understands that it had been hoped that the many vacancies in this field of employment would be filled by the opening up of Europe to the so-called “A8″ nationals (mainly from Eastern Europe) in 2004. However, these vacancies were apparently not filled and it was necessary to spread the net more widely.

Courting care workers

There are a number of reasons why efforts were made to recruit such workers from the Philippines in particular. Their nationals are well-educated, many of them qualified as nurses, physiotherapists etc in their home country; furthermore many of them are English-speaking, having studied on courses in which English was the medium of instruction, and have a tradition of working abroad to support their families at home. They came to the UK to do jobs which most British and European workers are unwilling to do, working long hours, often on night shifts, for minimal rates of pay.

Most of those currently working in care jobs in our nursing homes were recruited abroad, granted work permits and brought to the UK with the promise that, after four years (later raised to five years) of hard work, they would have the right to settle in the UK. They resigned from their jobs, sold their property and gave up everything on the basis of a promise of a better standard of living, a good education for their children and the chance to settle.

Legal changes

On 6 April 2011 the UK Government changed the legal requirements for those who come to the UK for work (either on work permits or, more recently, under Tier 2 of the Points Based System) to settle after five years’ continuous work. A new requirement  that the person applying to settle had to be earning “at or above” the “correct” rate, as set out in the UK Border Agency’s Standard Occupational Classification Codes of Practice, was introduced. In the case of the senior care workers that rate is £7.02 per hour. However, many senior care workers are not earning this much.

One of the biggest employers of these care workers, Southern Cross, has this year gone into administration, and it has become clear that these homes are not able to pay their employees the expected rate of £7.02 per hour. Furthermore British workers are often not earning as much as this, and it is clearly not possible for the care homes to pay their foreign workers more than the local work force.

Successful Appeal

A large number of these care workers have been refused settlement since 6 April 2011 because of this rule change. JCWI has now successfully represented two of these care workers in their appeals before the First Tier Tribunal, and is in the process of acting for a number of others.

In summary our appeal was allowed on three grounds:

Firstly, the Tribunal held that SSHD’s decision to refuse settlement on the basis of the new income threshold was unlawful on Pankina grounds. In short, the income levels contained in the codes of practice imported substantive criteria into the Rules. This was exactly what Pankina considered impermissible.

Linked to the above, we argued that there was a breach of legitimate expectation. When the Appellant first came to the UK as work permit holder, she had understood that provided she remained in work permit employment, doing the same or similar work under similar conditions, she would be in a position to apply for settlement. There was no suggestion at that time that she would need to earn a particular wage.

In relation to Article 8 ECHR, it was accepted that Article 8 ECHR was engaged and that there would a breach in the light of the frustration of the Appellant’s legitimate expectations- the decision could not be in accordance with the law. Even if this was incorrect, policy points we had raised about the new threshold being a backdoor means of bringing in the skills threshold NVQ3/SVQ3 (the revised salary was linked to that skill level) had been waived for care workers could be taken into consideration in proportionality arguments.

We are actively looking to assist foreign migrant workers who have been refused settlement for the reasons mentioned above. If you would like to speak to a legal advisor about this please call 020 7251 8708. Ends. Source: JCWI.

Cynthia Barker, Immigration Adviser for Bison UK, welcomed the ruling and was delighted for the Senior Carers. She said:

‘Bison UK has helped thousands of Filipino and Indian Senior Carers come to the UK on Work Permits.

‘Hundreds of these hard working carers were badly affected, through no fault of their own by changes to the Immigration Rules on Senior Carers. In some cases whole families had to leave the UK losing everything, at a time when employers could not afford to lose them.

‘We hope this ruling will bring an end to the nightmare these workers have been through and finally give them peace of mind.’

Despite high UK unemployment healthcare support workers or care assistants are still desperately needed by employers who cannot fill vacancies locally.

With millions of British people unemployed and the country’s economy in the doldrums, in theory the care industry should have no problems in finding care or support workers for the 20,000 plus homes. 

That’s the theory, but in practice care home employers are still desperate for staff, especially outside the main cities. 

Care homes find it increasingly difficult to employ Tier 4 students when many are only allowed 10 hours work per week.

And students renewing their visas with private colleges after 4 July 2011 will no longer be allowed to work at all or sponsor their dependants.

In fact only students (applying or renewing visas after 4 July) who are studying at post graduate level or above at a government university will be allowed to work and sponsor a dependant. 

European workers 

Workers from A8 accession countries such as Poland have full ‘free movement of Labour’ rights to work in the UK, however, many care home owners say that they are not that keen on care work either and are looking for higher paid work.

As the newest members of the European Union, Bulgarians and Romanians also have ‘visa-free’ access to enter the UK, however, they do not enjoy the same rights to work as the earlier ‘A8’ Eastern European EU accession countries.

Romanian and Bulgarian citizens who exercise their Treaty Rights (under Article 39) and apply for an accession card as students taking vocational or sandwich courses (e.g. NVQ/QCF in Health and Social Care), are allowed to work full time, as stated on their Yellow Cards.

See also:

Health care workers needed in UK now

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

Raising the amount husbands must earn to £26,000 would disqualify two thirds of immigrant brides, according to government watchdog MAC

UK Border Agency issues new policy guidance on age 21 marriage visas following Quila and Bibi judgement

Court overturns UK Government’s non-EU under 21 spouses ban

JCWI and ILPA update on Zambrano case

EctHR Judgment Bah v UK

UK Border Agency announce further changes to the student visa system

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

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

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

At this time last year, the job-loss figure stood at 27,000 and the Royal College of Nursing (RCN) has warned the cuts will have ‘potentially disastrous consequences for patient care’.

Chief executive Dr Peter Carter said: ‘These figures reveal the deeply worrying acceleration in NHS post losses in recent months. It is only 18 months ago that we were concerned about losing around 5,000 NHS jobs. Now it is more than 10 times that figure.’

However, Health Minister Simon Burns dismissed the RCN numbers, saying: ‘This is typical trade union scaremongering. We do not recognise these figures.’

‘Official government statistics show only a one per cent drop in nurses since May 2010.

This is only 500 less nursing staff than there were in September 2009.’ Source: Metro

Care homes are facing a staffing crisis following a government clampdown on non-EU immigration and changes to Tier 2 work visa rules.

Care industry employers looking for staff are increasingly turning to EU member workers from Eastern European countries such as Poland, Bulgaria and Romania.

However, not all EU members have the same rights to work in the UK and getting it wrong could result in a hefty fine for the employer.

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, they do not enjoy the same rights to work, or free movement of labour.

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.

Bulgarians and Romanians coming to the UK on Yellow Card registration permits can work and study full time on vocational courses such as NVQ or QCF courses in Health and Social Care. 

See also:

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

Official data from the Office of National Statistics (ONS) shows the economy grew by 0.8 per cent during the third quarter of 2010, double analysts’ expectations of 0.4 per cent.

The news comes on top of 1.2 per cent growth between April and June, and  Chancellor George Osborne said it reflected people and companies’ confidence in the new government’s economic policies.

“The ONS believe that the underlying growth in the third quarter was ‘broadly similar’ to the strong second quarter,” he said.

“This gives me confidence that although global economic conditions remain choppy, a steady recovery is underway.”

Weakening retail sales and house price data were expected to weigh on growth. But it was boosted by a 4 per cent increase in construction activity during the period. 

“This is the second major GDP growth surprise in a row and suggests that the UK economy is more resilient than many had feared,” said James Knightley, an economist at ING.

“The government will no doubt take this as a sign that the private sector can fill the gap created by public sector cuts, but with consumer confidence, hiring intentions surveys and housing activity data all softening we remain cautious.” Source: Pro Channel.

The number of people starting apprenticeships in England this year has risen by more than 50% on last year, official figures show.

There were 442,700 apprenticeship starts in the academic year 2010-11 compared with 279,000 the previous year.

Business Secretary Vince Cable said he was pleased that sectors like construction, manufacturing and engineering were continuing to back apprenticeships despite tough economic times.

He added: “The government will continue to improve and strengthen the apprenticeships programme to drive up standards, cut bureaucracy for smaller firms and deliver more advanced level a high tech training.”

Funded health and social care apprenticeships in the London M25 area are available through Majestic College, which has extensive links with care sector employers. 

The UK continues to be a magnet for migrant workers and international students, especially from former eastern bloc EU countries, such as Poland, Latvia, Slovakia and more recently Bulgaria and Romania. But not all EU migrants have the same rights. Although Bulgarian and Romanian citizens do not enjoy full free movement rights to work in the UK they can obtain Yellow Card permits to work full time as part of a vocational study programme such as NVQ or QCF courses in Health and Social Care. The care industry is desperately short of qualified care workers, and with government curbs on Tier 2 working visas and Tier 4 student visas managers are increasing turning to EU migrants, especially from bright new EU member workers from Bulgaria and Romania. There are hundreds of jobs available in the UK especially in the care industry. One employer, who owns a chain of over 60 care homes and sheltered housing units for people with learning disabilities, said that he would ‘like to employ more Romanians and Bulgarians if he can find those with Yellow Cards (as students) who don’t mind working outside of London’.See also:

UK Apprenticeship training schemes take off

UK University applications drop 9% as higher fees and student visa crackdown takes effect

Health care workers needed in UK now

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 and free advice 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 were 442,700 apprenticeship starts in the academic year 2010-11 compared with 279,000 the previous year.

Of these 175,000 were aged over 25, 138,900 aged 19 to 24 and 128,300 aged under 19.

The government wants to see more degree-level apprenticeships.

It set up a £25m fund in July to support 10,000 more advanced level and higher apprenticeships in firms, particularly small businesses, where there are skills shortages.

Universities Minister David Willetts has been encouraging young people who fail to get a university place to opt for an apprenticeship instead.

A recent BBC survey suggested more young people were considering an apprenticeship as an alternative to university.

The previous Labour government also urged school leavers to consider taking apprenticeships and made efforts to increase the number available.

Business Secretary Vince Cable said he was pleased that sectors like construction, manufacturing and engineering were continuing to back apprenticeships despite tough economic times.

He added: “The government will continue to improve and strengthen the apprenticeships programme to drive up standards, cut bureaucracy for smaller firms and deliver more advanced level a high tech training.” Source: BBC.

As funding for ‘train to gain’ NVQ’s dried up in the last 18 months, apprenticeship take-up’s have been slow. However, as employers start to see the benefits of taking on an apprentice at subsidised pay rates from as little as £2.60 per hour the scheme has started to take off.

Funded health and social care apprenticeships in the London M25 area are available through Majestic College, which has extensive links with care sector employers. 

See also:

UK University applications drop 9% as higher fees and student visa crackdown takes effect

Health care workers needed in UK now

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 and free advice 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

This week the UKBA has announced the creation of a new initial list containing hundreds international banks and financial institutions which will be used when considering points under a Tier 4 student visa application. 

The bank blacklist will be used when verifying maintenance funds under Tier 4 of the points-based system. A student visa applicant will receive no points for maintenance if they submit documents showing that the funds are held in a financial institution on the list – and could also face a ban from the UK.

The list includes banned banks from India, Pakistan and the Philippines.

The list forms part of the reforms to the Tier 4 student visa immigration route, which say the UKBA will ensure that they can verify that student visa applicants hold the required maintenance funds to support themselves and pay for their course in the UK.

Thousands of international students have arrived in the UK with little or no money, despite presenting ‘proof’ of funds to entry clearance officers at their local British Embassy.

Many have failed to pay fees on arrival or keep up with monthly payment plans. Some colleges are having to resort to legal action through the county courts to recover debts owed by non-paying students.

Students end up on credit blacklists with County Court Judgements (CCJ) registered against them, which means they will find it extremely difficult to obtain credit, open a bank account or rent a property.

The consequences of court actions, criminal offences or civil action, can be even more serious for migrant workers under Tier 2 or Tier 4 students.

County Court Judgements, or civil actions, must now be declared on new style immigration forms for further leave to remain or visa extensions and may affect your chances of renewing your Tier 4 student visa. A CCJ or Credit Default (e.g. not keeping up with payments on a credit card, loan or mobile phone agreement) will stay on your credit file and history for six years or more and will have to be declared on immigration forms.

The UKBA will give a 30-day notice period from the date when a financial institution is first listed before the new rule takes effect. This will enable applicants to make the necessary financial arrangements, so that they can provide financial documentation which meets the new requirements.

The list will be kept under review, and we will make additions or deletions as appropriate.

The UKBA said it will continue to verify financial information from financial institutions not on the list, on a case-by-case basis, and may refuse applications on the basis of these individual checks.

The following criteria provide an example of the minimum standard for banks in order for us to satisfactorily verify documentation:

• international banks; or
• national banks with a UK private banking presence; or
• regulated national/state banks that provide a core banking service.

The UKBA adds that ‘points may still be awarded if banks do not meet these criteria, where they have a history of providing satisfactory verification checks’. However, as many have found to their cost, once an entry clearance officer (ECO) or UKBA case worker discovers that a fraudulent bank statement has been submitted as part of a Tier 4 student visa application or student visa extension they are highly likely to slap a 10 year ban on the student.

The list of ’FINANCIAL INSTITUTIONS THAT DO NOT SATISFACTORILY VERIFY FINANCIAL STATEMENTS – PHILIPPINES’ runs to 36 pages.

The major Philippine banks which will be still be accepted by the UKBA are: 

The list of Indian banks runs to 49 pages and includes:

You can find the full list at:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/studying/financial-institutions/

Earlier this month a pilot scheme to help UK banks and credit providers identify fraudulent applications by immigration offenders was launched by the Audit Commission.

The Commission and the UK Border Agency will share ‘real time’ information with financial institutions. Each year the UK Border Agency processes around 3.5 million applications to visit, live, work or study in the UK.

The aim is to prevent those with no right to stay or work in the UK from accessing financial services. In return, financial institutions will provide the Agency with information on where illegal working and employment is taking place, supporting the Agency’s work in tackling immigration crime.

Revised Tier 4 General application form (07/11) now asks for a lot more detailed information covering criminal and civil offences, good character, benefit claims and includes the following statements:

‘I understand that if the UK Border Agency has reasonable cause to believe that any document or documents I have submitted with this application are forged, fraudulent or not genuine, and the UK Border Agency has sought to verify the documents using processes specified by it but has not been able to verify them, no points will be awarded for these documents even if the UK Border Agency cannot prove that they are not genuine.

‘I understand that my details may in certain circumstances be passed to fraud prevention agencies to prevent fraud and money laundering. I also understand that such agencies may provide the UK Border Agency with information about me.

‘The UK Border Agency may request information from other law enforcement agencies, Government departments or Agencies, local authorities, the Police, foreign governments and other bodies for immigration or research purposes to enable them to perform their functions.’

Section E.1 of the form asks:

‘Has the student had any criminal convictions in the United Kingdom or any other country (including traffic offences) or any civil judgments made against them (i)?’

In signing the declaration the student agrees to the following:

‘I am aware that it is an offence under the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999 and the Nationality, Immigration and Asylum Act 2002, to make, to a person acting in execution of any of these Acts, a statement or representation which I know to be false or do not believe to be true, or to obtain or seek to obtain leave to remain in the United Kingdom by means which include deception.

‘I understand that information I provide to the UK Border Agency will be treated in confidence but it may be disclosed to other law enforcement agencies, government departments, agencies, local authorities, foreign governments and other bodies for immigration or research purposes, for purposes as stated in The Biometric Registration Regulations, or to enable them to perform their functions.’

The student agrees to post issue enquiries and information discovered being used in court. There is also a short line which warns that ‘providing information or documentation that is not correct will normally result in my application being refused and may lead to my prosecution for a criminal offence’.

It should also be remembered that work permits, visas and even ‘indefinite’ leave to remain (ILR) can be cancelled by the Home Office for various offences. The Home Office has or the Home Secretary has the power to revoke British Citizenship under the 2006 Immigration, Asylum and Nationality Act.

Most in-country refusals carry the right of a full appeal before an immigration judge at a tribunal, unlike out of country student visa refusals which are reconsidered under an administrative review.

The student visa crackdown has no effect on Bulgarian and Romanian students who want to work full time in the UK by taking NVQ vocational courses.

Although Bulgarian and Romanian citizens do not enjoy full free movement rights to work in the UK they can obtain Yellow Card permits to work full time as part of a vocational study programme such as NVQ or QCF courses in Health and Social Care.

Bulgarian and Romanian citizens do not enjoy full free movement rights to work in the UK, but can obtain Yellow Card permits to work full time as part of a vocational study programme such as NVQ or QCF courses in Health and Social Care.

See also:

Health care workers needed in UK now

Immigration Rules for Bulgarian and Romanian nationals

What is ‘Comprehensive Sickness Insurance’ and why do Bulgarian and Romanian student yellow card applicants need it to work in the UK?

Crackdown on immigration fraud – banks and UKBA to share information on debtors

Post Study Work Visa to be abolished April 2012 as part of student visa clampdown

Home Office can revoke British Citizenship as well as deny it for civil offences

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

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

Majestic College also has access to funding for Apprenticeships.

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

The UK Border Agency has announced that ‘a number of specialist jobs that are no longer required in the UK will be removed from the government-approved shortage occupations list’.

The shortage occupation is part of the Tier 2 immigration route via the Points Based System. Highly skilled migrants from outside the European Economic Area (EEA) seeking to work in the UK must apply for visas.

The government has accepted recommendations from the independent Migration Advisory Committee (MAC) that will see the number of jobs covered by the list drop by 40,000, bringing the total down from 230,000 to 190,000. Only a minority of these jobs will be filled by migrant workers.

The MAC recommended the changes where evidence from a range of industries and sectors showed resident workers are available to fill the vacancies.

Immigration Minister Damian Green said:

‘Alongside our limits on overseas workers we are also taking action to provide businesses with the skills they need from the British workforce and reduce their need for migrants.

‘We want the brightest and the best people from outside the EU with the skills we can benefit from in the UK.’

Occupations that the MAC recommended be removed from the list include:

• secondary education biology teachers;
• speech and language therapists;
• pharmacists;
• orthoptists;
• veterinary surgeons; and,
• rank and file orchestral musicians.

Occupations added to the list will be:

• actuaries;
• high integrity pipe welders;
• environmental scientists; and,
• geochemists

The government has accepted the MAC’s recommended list in full however, rank and file orchestral musicians will not be removed from the list immediately, until further discussions take place with the industry to discuss the resident labour market test.

The revised list will come into effect from 14 November 2011. This means that:

• For applications covered by the annual limit, the new list will apply to all applications by Tier 2 sponsors for restricted certificates of Sponsorship made on or after 14 November 2011.
• For applications outside the annual limit, the new list will apply to all unrestricted certificates of sponsorship assigned to migrants on or after 14 November 2011.

Employers can only bring someone into the UK under Tier 2 if the job is on the shortage occupation list or if they pass a resident labour market test (no suitable resident workers apply after advertising the job in the UK first for 4 weeks).

Employers are increasingly turning to EU workers to fill vacancies not on the official shortage or removed from the scope of Tier 2, such as Senior Care Workers for the care industry.

Despite high UK unemployment healthcare support workers or care assistants are still desperately needed by employers who cannot fill vacancies locally.

With millions of British people unemployed and the country’s economy in the doldrums, in theory the care industry should have no problems in finding care or support workers for the 20,000 plus homes. 

That’s the theory, but in practice care home employers are still desperate for staff, especially outside the main cities. 

Changes in to Immigration Rules and Immigration Cap

Recent changes in legislations, including Tier 2, Tier 4 and the cap on immigration, have closed off virtually all routes to recruiting non-EU care workers. For instance: 

• Senior Care Workers are no longer on the official shortage occupations list.
• Tier 2 changes restricts work permits to management level jobs
• Tier 4 student visa changes are squeezing many students out of the job market
• Tier 4 changes on dependant visas will abolish another source of labour

Care homes find it increasingly difficult to employ Tier 4 students when many are only allowed 10 hours work per week.

And students renewing their visas with private colleges after 4 July 2011 will no longer be allowed to work at all or sponsor their dependants.

Workers from A8 accession countries such as Poland have full ‘free movement of Labour’ rights to work in the UK, however, many care home owners say that they are not that keen on care work either and are looking for higher paid work.

As the newest members of the European Union, Bulgarians and Romanians also have ‘visa-free’ access to enter the UK, however, they do not enjoy the same rights to work as the earlier ‘A8’ Eastern European EU accession countries.

Romanian and Bulgarian citizens who exercise their Treaty Rights (under Article 39) and apply for an accession card as students taking vocational or sandwich courses (e.g. NVQ/QCF in Health and Social Care), are allowed to work full time, as stated on their Yellow Cards.

See also:

Health care workers needed in UK now

Immigration Rules for Bulgarian and Romanian nationals

Free Movement of EU nationals explained

Colleges and Universities discount fees to attract more Tier 4 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

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 illegal immigrant, who is the subject of a ministerial bust up between the Home Secretary and Ken Clarke, allowed to stay in the UK partly because he owned a cat was given a police caution for shoplifting, The Daily Telegraph has revealed.

Crackdown on immigration fraud – banks and UKBA to share information on debtors

A pilot scheme to help UK banks and credit providers identify fraudulent applications by immigration offenders has been launched by the Audit Commission…Hundreds of international students are currently being sued by their former colleges or universities for unpaid fees according to debt collection agencies…A CCJ or Default will stay on your credit file and history for six years or more and will have to be declared on immigration forms.

New format for UKBA Tier 4 sponsors guidance

The UK Border Agency (UKBA) has published their Tier 4 Guidance for sponsors of non-EU students on visas in a new format.

University of Wales cease validating degrees at colleges and other institutions

The University of Wales is to stop validating courses at all other institutions in the UK and abroad following a BBC investigation.

UK Home Office to close off route to citizenship

Under the latest plans by the Conservative led coalition, the Home Office plan to abolish a rule that gives foreign workers the right to live permanently in Britain after working here for five years. Officials will also restrict the right of their family members to join them. Hardly a week goes by without an announcement of yet another ‘crackdown on immigration’. More often than not, it’s the same re-hashed crackdown! The ‘route to citizenship’ closure has been banded about for the last couple of years. In reality it will be difficult and unfair to deny residency rights to people already living in the UK for a number of years, especially those with ties such as children born in the UK.

UK Universities and Colleges report thousands of Tier 4 students to UK Border Agency over visa suspicions

The BBC reports that UK University academics are reporting more than 1,500 foreign students a month to immigration officials over suspicions about their student visa status, figures show.

European Commission order to let EU migrants claim benefits as soon as they enter the UK blasted

A European Commission ruling that Britain is acting illegally and should allow all European citizens to claim benefits has been widely criticised. If the European Commission thinks Britain is acting illegally over benefits, it would be interesting to see what it has to say about the UK Border Agency’s decision to require Bulgarians and Romanians to take out Comprehensive Sickness Insurance cover when applying for yellow card registration as a working student.

Comprehensive Sickness Insurance now required for Bulgarian and Romanian study work yellow cards

The UK Border Agency has started compelling Bulgarians and Romanians to take out Comprehensive Sickness Insurance cover when applying for yellow card registration as a working student. The insurance is a new requirement introduced as part of changes to the BR1 Yellow Card form in June…Full story…

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 and FREE support with Yellow Cards and work placements. 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 

STILL CONFUSED BY YELLOW CARD RULES?

Free presentations are being run at Bison UK Immigration Advisers for Employers, Romanians and Bulgarians – Monday to Friday, from 11am-12noon and 3-4pm. No need to book, just turn up.

Venue: 16 Shenley Road, Borehamwood, Hertfordshire WD6 1DL. Nearest Train Station: Elstree and Borehamwood Station; Buses from Edgware underground station: 107 and 292.

The Star.com reports on a Filipino dry cleaner who is literally taking migrants ‘to the cleaners’ charging $5000 a time for a Canadian visa.

UK Border Agency ‘family migration’ consultation one week left to have your say

The 12 week UK government public consultation on reforms to family migration closes Thursday 6 October 2011.

Labour government got it right on EU immigration and Free Movement of Labour says Jonathan Portes

Following this week’s admission by party leader Ed Miliband that the Labour Government’s ‘open-door’ immigration policy drove down wages and living standards in Britain, Jonathan Portes, Director of the National Institute of Economic and Social Research, puts forward an alternative view.

EctHR Judgment Bah v UK

Bah v UK (App. no 56328/07) [2011] ECHR 1448
Husenatu Bah, is a Sierra Leonean national who was granted indefinite leave to remain in the UK in 2005 following an application for asylum in 2000. Her young son was granted leave to enter and remain in the UK on the basis that there was to be no recourse to public funds.

HIGHLY TRUSTED PRIVATE COLLEGE STUDENTS DO NOT HAVE THE SAME RIGHT TO WORK AS GOVERNMENT SPONSORED INSTITUTIONS

Students assume that if they are registered with a ‘Highly Trusted’ institution, they will be treated equally. NOT TRUE. Tier 4 students are also utterly confused by further set of rule changes. In the last few weeks I have received an increasing number of calls and emails from panic stricken students reporting that their college had ‘closed down’…

Labour admit EU immigration mistakes

Migrants from the Bulgaria and Romania were, the report also said, more likely to have four or more children than those coming to Britain from elsewhere, placing a significant strain on the education system.

Kick Start Your Career with a Vocational Qualification at Majestic College

Vocational qualifications such as NVQ’s (National Vocational Qualifications) and QCF (Qualifications and Credit Framework) are work-related, competence-based qualifications introduced to train people in a work based environment – from beginner apprentice to senior management. They reflect the skills and knowledge needed to do a job effectively, and show that a candidate is competent in the area of work the NVQ/QCF represents. Majestic College (http://www.majesticcollege.org/) is a Borehamwood based OCR accredited NVQ/QCF Training Centre which has helped hundreds of students gain vocational qualifications.

NVQ AND QCF VOCATIONAL QUALIFICATIONS EXPLAINED

NVQ’s or National Vocational Qualifications are work-related, competence-based qualifications introduced to train people in the workplace. They reflect the skills and knowledge needed to do a job effectively, and show that a candidate is competent in the area of work the NVQ represents.

Meeting of the Migration Advisory Committee with representatives of Romanian professional associations in the UK

Romanian Embassy in London – On September 16th 2011, in the presence of HE Dr Ion Jinga, Ambassador of Romania in London, took place a meeting of the Migration Advisory Committee (MAC) with representatives of several Romanian professional associations. It was for the first time that the Migration Advisory Committee was participating in a meeting of such nature, organized by an embassy.

Comprehensive Sickness Insurance now required for Bulgarian and Romanian study work yellow cards

The UK Border Agency has started compelling Bulgarians and Romanians to take out Comprehensive Sickness Insurance cover when applying for yellow card registration as a working student. The insurance is a new requirement introduced as part of changes to the BR1 Yellow Card form in June…Full story…

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 and FREE support with Yellow Cards and work placements. 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 

STILL CONFUSED BY YELLOW CARD RULES?

Free presentations are being run at Bison UK Immigration Advisers for Employers, Romanians and Bulgarians – Monday to Friday, from 11am-12noon and 3-4pm. No need to book, just turn up.

Venue: 16 Shenley Road, Borehamwood, Hertfordshire WD6 1DL. Nearest Train Station: Elstree and Borehamwood Station; Buses from Edgware underground station: 107 and 292.