UK Immigration: Home Office tightens up on visas for foreign nationals visiting the UK to meet with family

“Millions of pounds will be saved” from scrapping taxpayer-subsidised appeals from those foreign nationals refused a visa.

Immigration minister Damian Green’s announcement – to introduce a clause in the Crime and Courts Bill by 2014 – means that tribunals will be freed up to deal with more serious cases.

The Home Office has said that the number of appeals had “soared” since 2000 when full appeal rights were re-introduced for family visit visas. In 2010/11 the number had risen to almost 50,000, significantly higher than the forecasted 20,000. The cost of processing these appeals was estimated at £29 million pa and was also “an absolute goldmine for immigration lawyers” said Green.

Failed visa applicants will now have to re-apply. They are mostly failed on incorrect evidence to support their application.  The Home Office reckons the new system will be faster, expecting a decision on a fresh application taking no more than 15 days, in comparison with an appeal taking up to eight months.

We are not stopping anybody visiting family in the UK; if an applicant meets the rules they will be granted a visa. These changes will save tens of millions of pounds, ” said Green.

The changes, criticised by Labour, bring these visas into line with every other category of visa, such as business or tourist visas, which do not allow a full right of appeal.

Refused applicants will be able to appeal on limited grounds of human rights or race discrimination.

Until the law comes into force, there will be a ban on appeals for those visiting cousins, aunts, uncles, nieces or nephews.

16 May 2012

http://www.egovmonitor.com/node/50122

Skills Shortage Threatens UK’s Heritage

Enfield Electricity Works

Heritage artefacts and buildings worldwide are under threat, with a rising number of countries seeing their heritage elements fall into disrepair due to a lack of skilled maintenance teams.

Recently, the Tasmanian government was dismayed to discover its large and valuable heritage architecture sector was falling into disrepair, with workers trained in the maintenance of these historic properties aging without passing on their unique skill set.

It is now becoming apparent that the same issue is arising in the UK, with almost half of the country’s industrial artefact sites also under threat due to the country’s lack of skilled workers.

A recent policy statement from the Institution of Mechanical Engineers (IME) outlays the threat that this holds for the UK industry. John Wood, chairman of the IME’s Engineering Heritage Committee explained that a loss of the industrial architecture and functioning artefacts would mean a loss to the country’s cultural heritage.

“The UK’s industrial heritage is often overlooked, but these artefacts are not just revealing physical links to our great industrial history – from the Industrial Revolution through to the present day – but potentially profitable projects that can generate wealth and jobs to local areas,” says Wood. “The country’s industrial heritage is now under serious threat.”

These industrial sites include Bowes Railway in the northeast, the Enfield Electricity Works in London and Friston Post Mill in the east of England.

Without skilled workers readily available, these sites are falling into disrepair, taking with them industrial history.

To combat this growing problem, the IME’s ‘saving Britain’s Industrial Heritage’ sector is taking action. In its policy statement, the organisation recommends a number of options, including specialist training for industry workers, national advice and guidance for the preservation of the artefacts and a recognition of the importance of the nation’s industrial heritage by bodies such as the Department of Culture Media and Sport.

Not only would the loss of these industrial sites mean a cultural loss to the UK, but an industrial loss for the world, especially for those who have developed modern technologies from the basic foundations laid out by these industrial forefathers.

The foundation of industry developments worldwide is at risk, and it is up to the modern industry to take on the challenge of re-learning traditional skills in order to maintain the culture of this sector.

Tim Moore

15 May 2012

http://designbuildsource.com.au/skill-shortage-threatens-uk-heritage

Full state pension for carers and parents who stay at home

Women are ‘major winners’ in reformed system at expense of wealthier workers, increasing pension by average of £40 a week

Iain Duncan Smith says the new state pension system will be simpler than the current ‘chaotic’ one

Mothers and carers who choose to stay at home instead of going out to work will receive a full state pension for the first time under an overhaul of the UK’s retirement system.

Under the reforms, mothers and carers who retire from 2015 will be treated as if they had worked throughout their lives, giving them a flat-rate payment worth at least £140 a week and leaving them £2,000 better off a year, on average, the work and pensions secretary, Iain Duncan Smith, announced.

Currently, people who do not work for a full 30 years receive a reduced pension entitlement for each year out of employment.

Duncan Smith told the Telegraph that the state second pension will be scrapped, a measure that will hit wealthier workers. He defended the changes, saying they would leave most workers better off and provide a far simpler system than the “chaotic” one currently in place.

“Nobody understands how it works,” he said. “It acts as a major disincentive to save. It penalises women, just for doing the most important thing in the world, which is to make sure that their families [are cared for].”

The government will publish the full details of the pension reform in the coming weeks.

Duncan Smith said: “This is hugely beneficial for women who have a broken record of employment. The really critical point is right now they don’t get recognised in the system. But under this system they could build up full points.

“So caring in itself will carry, for the first time ever, a value, and this will be of major benefit to women. Women will be the biggest single beneficiaries from this programme, massively.”

The overall cost of the state pension will not rise, meaning other changes will be implemented to fund the reform, said a Department for Work and Pensions spokeswoman.

“Our plans will radically simplify the state pension system and set it above the level of the means-test, providing a fair and sustainable foundation for pension saving for people of working age,” she added.

At present, workers can choose to either opt in or out of the state second pension. If they opt in and make national insurance contributions for 30 years, they receive the basic pension of £107.45 as well as their second pension, which can be worth more than £100 a week.

Those with company or private pensions can choose to opt out, meaning that they and their employers gain a discount on national insurance. This saved money is currently invested in their own pension schemes. The DWP spokeswoman confirmed that this system would end.

Everyone will receive a higher pension of £140 a week, but people will not be able to opt out, meaning wealthier employees could lose thousands of pounds each year.

Damien Pearse

12 May 2012

http://www.guardian.co.uk/society/2012/may/12/full-state-pension-parents-carers

Indian visa centre approved

A biometric passport centre is to be set up in Leicester, MP Keith Vaz has revealed.

Since March, all foreign nationals from outside Europe have to have a biometric residence permit, and the nearest centre for Leicester residents is currently Nottingham.

Mr Vaz collected nearly1,000 signatures on a petition calling for a centre in Leicester, which he presented at the House of Commons last month.

He said after a meeting with immigration minister Damian Green, UK Border Agency head Rob Whiteman, and Paula Vennells, the managing director of Post Office Ltd, they agreed to provide a centre in Leicester.

Mr Vaz said: “This is a brilliant outcome for the people of Leicester. The campaign has provided a service that many residents will need and use.

“Leicester is known internationally as a hub for business and study and also for our great diversity. It is of the upmost importance that we continue to be seen as a welcoming city.

“With provision for the service in the city centre, we will save many people unnecessary travelling time and expense.”

Biometric residence permits, which record personal details including fingerprints and a photograph, are issued by large post offices.

The centre in Leicester is likely to be in an existing branch – probably the one in Gallowtree Gate.

Mr Vaz is currently still campaigning for an Indian visa centre in Leicester, as currently the closest one is in Birmingham.

Uday Dholakia, chairman of Leicester Asian Business Association (Laba) said: “We share the mayor’s vision of making the city an international hub for trade and inward investment.

“Laba already provides support to local companies with business visas to India.

“This will compliment the biometric passport provision.

“The potential for investment from India into Leicester is real and Mr Vaz’s initiative is integral to Leicester’s presence in a globalised world.”

No one from Post Office Ltd, was available to comment.

12 May 2012

http://www.thisisleicestershire.co.uk/Indian-visa-centre-approved/story-16062444-detail/story.html

The UK’s top ten dream jobs

Research by Bing, Microsoft’s search engine, has revealed that three in five people in the UK are desperate for a career change. Most of them would be happy with just a bit more money, something marginally less dull, or somewhere with new and less irritating colleagues. However, we all have dreams.

The same survey revealed the 10 dream jobs in the UK. So what are they, and are they really all they are cracked up to be?

Read more »

Going to #London2012? Apply for visas early

MANILA, Philippines – Planning to travel to the United Kingdom in time for the 2012 Summer Games? Apply for your visa early, the British Embassy in Manila advised on Wednesday, May 9.

“As there is expected to be an increase in the number of applications in the lead up to the Olympics, those planning to travel at this time… are encouraged to apply as soon as possible,” the Embassy said in a statement.

All kinds of visa applications falling during this period leading to the Games – from tourist visas to student visas and everything in between – are recommended to be lodged early, the Embassy added.

Meanwhile, the UK Border Agency and VFS Global, its commercial partner in consular services, announced two new services that could help applicants expedite their applications.

Under the new priority visa service, people applying for a visit visa who fall under certain criteria can pay an additional fee of P4,200 to have their applications prioritized.

In this scheme, results can be known within 3 working days, the Embassy said.

On the other hand, visa applicants can avail of the prime time appointment service, where they can make an appointment for their visa application and biometrics capture on Saturdays, starting May 12.

In addition, the British Embassy said, “customers who have documents ready for collection will also be able to do so between 9 am and 12 noon on Saturdays at no charge.”

Filipinos traveling to the United Kingdom are up 8% in 2011. Around 22,000 visitor visas were issued to tourists, family visitors, and business travelers last year, said the Embassy.

“These high and growing numbers are a tribute to the thriving business and tourism links between the Philippines and the UK which the British Government and this Embassy continue to work hard to foster,” they added. -

9 May 2012

http://www.rappler.com/life-and-style/59-travel/5056-going-to-london2012-apply-for-visas-early

Germany Leads Europe in Immigrant Job Prospects

A newly released survey shows that non-EU immigrants have an easier time finding jobs in Germany than in other European countries. But the results might be a greater reflection of the sluggish job markets across the rest of the Europe than a particular German advantage.

Germany doesn’t exactly share the same reputation as its southern European neighbors for being warm and friendly. But non-European Union job seekers rated it above six other European countries in an immigration and integration survey released by the Migration Policy Group in Brussels on Wednesday.

Only a third of the foreigners surveyed in Germany’s capital Berlin had trouble finding a job, while less than half did in Stuttgart, in the economically powerful southwestern state of Baden-Württemberg. This was in stark contrast with 79 percent of respondents in both Lisbon, Portugal and Milan, Italy who reported problems finding work.

“Immigrants reported the fewest problems finding employment in Berlin and Stuttgart and most often felt that their jobs matched their skills and training, compared to thirteen other European cities,” study co-author Thomas Huddleston told SPIEGEL ONLINE in an email.

Just 18 percent of respondents in Berlin and 13 percent in Stuttgart said that they were overqualified for their jobs, compared with 66 percent in Naples, 52 percent in Milan and 29 percent in Madrid, Spain.

The non-profit Migration Policy Group spoke with nearly 7,500 workers born outside of the EU in 15 European cities about their job hunting experiences. They found that discrimination, black market labor that leads to job insecurity, and language barriers were lower in Germany than other nations. Though German is typically considered a difficult language to learn, only 25 percent of those surveyed in Stuttgart said language barriers were their biggest problems, while in Naples that number climbed to about half. In Faro, Portugal, some 63 percent of those surveyed reported difficulties with language.

But in Berlin, which has a steadily growing international community, the language barrier was not even among the top three listed problems. Respondents cited government sponsored language classes and integration courses as helpful tools for smoothing their integration.

Differing Reports

But the Migration Policy Group’s survey results differ from other reports that reveal some immigrants are having trouble adapting to Germany, especially those from southern and eastern Europe flocking to the country’s strong labor market. The results may also have a lot to do with the fact that the German economy is booming compared to many of its EU neighbors.

“That immigrants have an easier time in Germany than in Spain or Portugal has much to do with the general economic situation,” says Stephan Sievert, at Berlin’s Institute for Population and Development. Young people, the ones most likely to move, are especially hard hit in euro-crisis affected countries, and comparably prosperous Germany is an attractive destination. Still, says Sievert, employment rates for immigrants are lower than for those born in Germany.

But demographic developments mean the country has no choice but to continue improving its immigration policies, according to The Expert Council of German Foundations on Integration and Migration (SVR). With its rapidly aging population and outflow of skilled German workers, the country needs immigrants to help bridge the gap, the organization says. Since the mid 1990s more than half a million Germans have left the country. The working age population in Germany is also expected to shrink by an estimated 5 million people by 2025.

Germany’s efforts to improve immigration policies have so far received a mixed reception, however. More than half of the German communities surveyed by a study released Tuesday by the country’s migration and integration commissioner said that they were working on initiatives including language courses and continuing education classes to help integrate immigrants into the labor market. But the SVR’s 2012 evaluation, also released Tuesday, criticizes the lack of coordination between national, regional and local integration efforts.

In April the German parliament, the Bundestag, approved a bill to implement an “EU Blue Card” directive designed to ease work requirements so that skilled non-EU workers could stay long term, more than three years after the EU approved the concept. Even though some countries have yet to put the directive in place, the timing is “embarrassing,” says Sievert from the Institute for Population and Development. “The German government should have done that a year ago.”

Renuka Rayasam

9 May 2012

http://www.spiegel.de/international/europe/german-job-opportunities-for-immigrants-rate-high-in-survey-a-832278.html

UK’s New Immigration Rules to Take Effect from June 14, 2012

UK has introduced changes to its immigration rules which would affect foreign nationals residing or entering the UK on employer-sponsored visas as well as the employers.

(Sunnyvale, CA)- UK has introduced changes to its immigration rules which would affect foreign nationals residing or entering the UK on employer-sponsored visas as well as the employers. The changes are based on the observations of the Migration Advisory Committee (MAC) and will be effective from June 14, 2012.

Tier 2 Changes to UK Immigration Rules:

Changes for foreign nationals residing or entering in the UK sponsored by A-rated employers:

* The level of skills eligibility criteria for National Qualifications Framework (NQF) has been increased to 6 for those applying under Tier 2. The level for sponsored permission which is at graduate level and above will not change, but there would be an increase in the NQF level which might result in the removal of some middle management. Foreign nationals in the UK or those who are extending their current permission are not required to comply with the new requirement.

* With the introduction of Premium Customer Service for Sponsors, eligible sponsors can have certain privileges – access to Public Enquiry Office and premium sponsor support team.

* The General restriction quota is set at 20,700 for following two years.

* Advertising requirements for premium or Ph.D. level jobs on JobCentre Plus has been ruled out effective June 14, 2012. However, it is mandatory to advertise for twenty eight calendar days in the prescribed medium for the job code.

* The tenure of temporary leave for Tier 2 General has been extended to a maximum of 6 years. After completing 6 years in the UK, the foreign national has to either qualify and apply for settlement or quit the country.

* To stop repetition of applications to remain under Tier 2, Individuals who are switching into Tier 2 General would be subject to maximum of six years of cumulative stay.

* The salary limit to qualify for ‘indefinite leave to remain’ (ILR) is set at £35,000 per annum or the minimum salary under standard occupational classification (SOC) code, whichever is higher, effective for individual those who apply after April 6, 2016.

* With the end of Tier 1 Post Study Worker category, Tier 2 General Unrestricted (Graduates) came into force from April 6, 2012. The “resident labor market test” (RLMT) is no more required and it is not necessary to request the quota. Nevertheless, any job offer has to comply with the minimum salary requirement with the applicant having a degree in the UK.

Changes to UK Immigration policy affecting Employers:

* Under ‘permitted paid engagements’ (a new business visitor category covering specified specialist activities) permission under the point based system is not required if the stay does not go past one month.

* For foreign nationals who reside in the UK more than six months, Biometric Residence Cards are mandatory.
* A new Tier 1 Graduate Entrepreneurs category has been introduced enabling ‘highly trusted’ sponsors to nominate eligible graduates to remain in the UK.

* Domestic workers who reside in a diplomatic household can stay as long as their employers stay which is limited to a maximum of five years. They can neither switch employers nor qualify for ILR.

* Immigration option for Domestic workers in a public household has been made very restrictive. They can reside for a maximum of six months when accompanying a visitor. They can neither extend the staying limit nor qualify for ILR. Also, dependent category that comes under this section has been eliminated for domestic workers.

UK Immigration: Changes to Tier 5 Rules
* Contractual service suppliers under GATS who are not eligible under Tier 2 can only be allowed to enter and reside in the UK for a maximum period of six months.

* Government Authorised Exchange is limited to 12 months instead of 24 months except for the activities that are considered under fellowship or research provisions.

8 May 2012

http://www.prurgent.com/2012-05-08/pressrelease240779.htm

Changes To The UK Immigration Rules

Dear Mr Bassie, I understand that there have been changes to the United Kingdom immigration rules. I also understand that more changes are to come. Could you possibly give me a brief idea of what sort of changes can be expected?Thanks in advance.

- G.L.

Dear G.L.,

You are correct. There are going to be some changes to the immigration rules. In March of 2012 a ministerial statement was laid in the Parliament of the United Kingdom (UK) that outlined a number of changes to the immigration rules. These changes have actually come into effect as of April 2012 and some of the changes are retroactive and will in fact affect those who have already been granted leave after April 6, 2011.

The changes that have taken place affect different categories of migrants under the points-based system.

With respect to Tier 1, high-value migrants, it should be noted that Tier 1 (post-study work) route has been closed and there has been introduced the new Tier 1 (graduate entrepreneur) route. In addition, new provisions have been introduced for switching from the Tier 1 graduate entrepreneur or Tier 1 post-study work into Tier 1 entrepreneur. Also, there has been a renewal of the 1000 place limit for Tier 1 exceptional talent for each of the next two years.

There have also been changes in Tier 2 – skilled workers. These changes include limiting the total amount of temporary leave that may be granted to a Tier 2 migrant to six years and this applies to those who entered after April 6, 2011. There has also been introduced a new minimum pay requirement of £35,000 or whatever the appropriate rate for the job is, for Tier 2 general and sportsperson migrants who wish to settle there from April 2016 but this is with exemptions for those in PhD level and shortage occupation categories.

Cooling-off period

There will also be introduced a ‘cooling-off period’ across all the Tier 2 routes. This means that Tier 2 migrants will need to wait for 12 months from the expiry of their previous visa before they may apply for a further Tier 2 visa. Also, there will be the introduction of new post-study arrangements for graduates switching into Tier 2.

The Tier 4 – students has been focused on implementing the final set of changes to the student visa system that were announced in March 2011. These include extending the interim limit for sponsors that have applied for ‘educational oversight’ and ‘highly trusted sponsor status’ and have not yet been assessed. Also, there have been introduced limits on the time that can be spent studying at degree level and there have been tightening work-placement restrictions.

There have also been changes to Tier 5 – temporary workers. There has been a change in the limit to the length of time that temporary workers can stay in the UK, under certain government authorised exchange schemes, and this is up to a maximum of 12 months. The schemes that are affected are intern, work experience and youth exchange type programmes.

Also, there are changes that allow sportspersons who enter under the Tier 5 – creative and sporting subcategory to undertake some guest sports broadcasting work where they would not be filling a permanent position.

Mandatory curtailment

As you can see there have been changes in all tiers of the points-based system. There has been mandatory curtailment where a migrant who has applied under Tiers 2, 4, or 5 of the points-based system has failed to start, or has ceased his or her work or study with their sponsor. This includes cases where a sponsor notifies the authorities, via the sponsor management system (SMS), that a migrant is no longer pursuing the purpose of his/her visa. It should also be noted that the rules will set out the limited exceptions to mandatory curtailment.

The reduction of the curtailment threshold, that is the level of leave that a person has left, means that the authorities will not normally pursue curtailment from six months to 60 days.

Also, there has been an increase in the amount of funds that applicants will need to provide evidence of, in order to meet the maintenance requirements for all routes in the points-based system. It should be noted that for Tier 4 and Tier 5 Youth Mobility Scheme the changes have already come into effect from April 6, 2012. For Tier 1, Tier 2 and temporary workers under Tier 5 the changes will come into effect on June 14, 2012.

John Bassie

8 May 2012

http://jamaica-gleaner.com/gleaner/20120508/news/news1.html

Know your employment rights

Many employers in the north-east are required to post employees abroad for operational reasons.

For their part, employees often value the experience and financial benefits an international role can bring.

However, if the relationship comes to an end, both parties have a vested interest in knowing whether an unfair-dismissal claim can be brought against the employer in an employment tribunal in Great Britain.

Until recently, there was a degree of certainty about the matter due to the Lawson v Serco case, in which the House of Lords said only those who ordinarily worked in Great Britain, with limited exceptions, would qualify to bring a claim of unfair dismissal in Great Britain.

The question has been thrown back open to uncertainty by the recent Supreme Court ruling in Ravat v Halliburton Manufacturing and Services Ltd (Scotland).

At the time of Mr Ravat’s dismissal for redundancy, he had been working for his Aberdeen-based employer in Africa for the previous three years under a rotational contract that described him as a “UK commuter”.

His work was for the benefit of a German-based group and he reported daily to an operations manager in Libya.

After 28 days in Libya, he would return home to Preston for 28 days (but carried out minimal, if any, work in Great Britain.) He had little in the way of regular contact with his employer, but his commuter contract allowed him to keep the bulk of his British benefits and his salary was paid in sterling into a British bank account, with deductions for British income tax and national insurance.

Following his dismissal, Mr Ravat sought to bring a claim of unfair dismissal in Great Britain. The question arose, therefore, as to whether Mr Ravat fell within one of the Lawson v Serco exceptions or if he could find another reason why, despite his working abroad, he should achieve jurisdiction here.

The Supreme Court has held that, in order to bring a claim for unfair dismissal, the particular employment relationship must have a stronger relationship with Great Britain than with the foreign country where the employee actually carries out his work.

The court felt that the general rule remains that the place where the employment is carried out will usually be decisive, but it is not an absolute rule. There are exceptions where the connection with Great Britain is sufficiently strong, and this would always be a question of fact and degree.

In the present case, it was decided that the documentation and the reassurances given to Mr Ravat by his employer indicated the intention that the relationship should be governed by British employment law.

This was borne out in practice, as matters relating to the termination of employment were handled by the employer’s human resources department in Aberdeen.

The fact that his home was in Great Britain could also not be dismissed as irrelevant, and in the circumstances the court ruled that the employment tribunal in Great Britain had jurisdiction to hear Mr Ravat’s claim.

While this case hinged on its own facts, the decision reflects the holistic attitude that the courts will take towards an increasingly mobile and multinational workforce. It also introduces a degree of uncertainty to the question: “Does this particular international employee have the right to bring an unfair-dismissal claim in Great Britain?”

Before, a lawyer could have answered a confident “yes” or “no”, but now it becomes much more of a moveable feast, requiring an examination of the whole basket of factors attaching to the role in question.

Both employers and employees would therefore be well advised to consider carefully the possible implications of employment rights in Great Britain when establishing working arrangements abroad.

4 May 2012

http://www.pressandjournal.co.uk/Article.aspx/2738793

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