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IMMIGRATION UPDATE
The 'new look' newsletter is now available to download as a PDF with pictures and extras. click here to download the newsletter.
In this issue:
DEFINITIVE IMMIGRATION SERVICES – TIER 2 TRAINING SESSION Registration is now open for our Tier 2 Immigration Seminar to be held at our offices on Thursday 14 June 2012. We have developed this session following the recent spate of changes to Tier 2 Policy and the minefield of queries that have arisen as a result of these changes. We are delighted to be joined by Senior Members of the UK Border Agency Policy Department, as well as the Migration Advisory Committee. This will provide you as a user of the Tier 2 system with direct contact to UK Border Agency Policy that otherwise would be very difficult to come by. We will also be speaking about practical tips on handling Tier 2 applications. The full agenda and registration form can be located at: http://www.definitive-is.com/pdfs/registration_14June_download.pdf
SPONSOR LICENCE RENEWALS The UKBA have started to send out reminders to Authorising Officers and Key Contacts where a company’s sponsor licence is coming up for renewal. When companies initially received approval from the UKBA for a sponsor licence, they were advised that their licences were valid for a period of 4 years. For example, if you were granted a sponsor licence on 04 January 2009, your sponsor licence would be valid until 04 January 2013. The UKBA are writing to sponsors and advising that their licence is up for renewal. The UKBA are writing to sponsors approximately 4 months in advance of the expiry date of the sponsor licence. How to renew? Sponsors can apply for a renewal of their sponsor licence online via the sponsorship management system. A new application will be required to be completed online and submitted along with payment for the application. The UKBA will charge a new application fee to apply for a licence renewal. The fee will vary depending on the size of the company. It is then likely that the UKBA will write to request original documentation to establish that the company is active and trading in the UK. As experts in the field of sponsor licence applications, we would be pleased to work with you on your sponsor licence renewal. Our network of immigration professionals and links with the UKBA will ensure that we provide you with a smooth service and to ensure that the application stands the best chance of success. Please note that, if your organisation has not yet been audited by the UKBA it is highly likely that you will receive a visit prior to the sponsor licence renewal being granted. Our team has assisted in numerous UKBA audits of sponsors and are leading experts in the field of compliance therefore if you have any queries about an audit, or general compliance matters you are welcome to contact us.
FIRST EXEMPTION TO ‘COOLING OFF PERIOD’ ANNOUNCED The UKBA have announced the first exemptions to the cooling off period for Tier 2 migrants. The cooling off period was introduced to curb Tier 2 migration to the UK and remains a subject for strict scrutiny by immigration professionals owing to the manner in which it was implemented into legislation. It has been announced that, Summer 2011 interns who previously obtained Tier 2 permission will not be subject to the cooling off period. This is a temporary exemption and will be closing on 31 October 2012. To qualify, applicants need to demonstrate the following:
The temporary exemption will be beneficial to clients who operate a graduate trainee scheme, and who are required to bring back interns to the UK. This is a very positive step for sponsors, as it shows that the UKBA are listening to sponsors and representatives concerns regarding the cooling off period. We are therefore hopeful that this is a step in the right direction, and we look forward to hearing about further exemptions to the controversial cooling off period.
CHANGES TO FAMILY VISITORS Following a period of consultation, it has been announced that, as of 2014, the full right of appeal will be removed from family visit visa applications. Historically, the UKBA have allowed applicants who have been refused a family visit visa to fully appeal all aspects of the decision. However, as of 2014 (date to be determined), this full right will be removed, and only if a refusal of a family visit visa attracts human rights or race discrimination elements, then the decision can be appealed. Further, in July 2012, those who applied for a family visit visa to visit their cousin, uncle, aunt, niece or nephew, will no longer have the full right of appeal. As always, we strongly recommend consultation with us prior to submitting a family visit visa application so we can review your proposed activities and visa application. Removing the right of appeal will potentially lead to an increase in human rights and/or race discrimination claims therefore it is critical that you consult with us before submitting an application.
LONDON 2012 OLYMPICS – POTENTIAL IMPACTS As we are sure you know, London will be hosting the 2012 Olympics from 27 July to 12 August 2012 and the 2012 Paralympic Games from 29 August to 09 September 2012. We have already seen a slight increase in processing times from visa application centres overseas as UKBA staff will be giving priority to visa applications from athletes, spectators, Games family members and media professionals. We anticipate that, as the opening of the 2012 Olympics approaches, the impact on visa processing times overseas will increase. Please therefore consult with us if you anticipate submitting a visa application overseas that is non-Olympic related. The impact on visa processing is likely to last until just after the end of the 2012 Paralympic Games, 09 September 2012, so the summer months will be incredibly busy for visa application centres and planning ahead is critical. We would also take the chance to remind you that, during this Summer, London is expected to be busier than ever with accommodating the Olympics. Accommodation, transport and travel will be severely impacted so we are happy to consult with you about proposed impacts to manage your business accordingly over Summer 2012. Definitive Immigration Services have worked with Key Stakeholders in large businesses and provided a number of training seminars on how to manage the impact of the 2012 Olympics. If you are interested in arranging a training session on this matter, please contact us and we would be pleased to arrange this.
TB SCREENING – INCREASE IN AFFECTED COUNTRIES The UKBA have announced that passengers from an increased number of countries will be subject to screening for Tuberculosis. The increase in countries reflects the higher number of countries where TB is prevalent. This will affect those coming to the UK for 6 months or more. Migrants will need to apply for a TB test before being able to apply for a visa. Please contact us if you have any queries in this regard.
REMINDER: 14 JUNE CHANGES As previously announced, there are a number of important changes coming into effect on 14 June 2012. We set out a summary of these changes below: CHANGES TO SKILL LEVEL As of 14 June 2012, any migrant making a fresh Tier 2 application will need to perform a role with a skill level of at least National Qualifications Framework (NFQ) 4 to NFQ 6. This has led to a dramatic reduction in the occupational codes that will meet the Tier 2 criteria, some of which are stated below:
Therefore, if you are considering sponsoring a migrant after 14 June 2012 that may not meet this skill level it is critical that you contact us without delay for assessment. NOTE: this will not apply to persons who currently hold leave under Tier 2 granted before 14 June 2012 and who need to extend their stay or are applying for a change of employer application.
RESIDENT LABOUR MARKET TEST From 14 June 2012 any jobs commanding a salary of £70,000 or require at least a PhD will not be required to advertise the position in Job Centre Plus. As you may know the current position is that all sponsors are to advertise positions with Job Centre Plus in addition to another medium as dictated by the standard occupational code. However, the Job Centre Plus advertising requirement for these roles will no longer be mandatory. By removing the Job Centre Plus requirement, we hope that this will certainly improve the quality of candidates that apply for positions and who subsequently require sponsorship under Tier 2.
MAINTENANCE INCREASES We wish to remind you that from 14 June 2012, the required funds for applicants under Tiers 1 and 2 to evidence their maintenance when making an application is set to increase. If you are making an application for entry clearance or leave to remain in either Tiers 1 or 2 after this date then you will need to show a higher level of funds than before. This applies to main applicants and dependants. |
