IMMIGRATION UPDATE : July 2012

Volume 1  Number 6 :  July 2012 : Welcome to the latest issue of this update, keeping you informed and giving a detailed opinion of new developments in immigration law.

The 'new look' newsletter is now available to download as a PDF with pictures and extras. click here to download the newsletter.

DEFINITIVE IMMIGRATION SERVICES – TRAINING SEMINAR

On 14 June 2012 we held a Tier 2 training session featuring useful and informative presentations from UKBA and MAC representatives. The seminar was well-attended; we are planning to offer more in future.

The presenters clarified overall government policy and the way in which changes may be implemented in the coming months. Client comments were positive:

‘the session was constructive and informative’

‘we will keep Definitive Immigration Services appraised of any changes to sponsored migrants’

‘this was very effective in meeting my learning objectives’

‘the seminar was very useful as I had no prior knowledge of this area’

FAMILY MIGRATION – IMPORTANT CHANGES

9 July 2012 will see a number of sweeping changes to family migration to the UK. The changes will primarily affect non-EEA family members of British nationals seeking permission to bring family members into the UK.

The most critical of these changes include the following:

Financial support
The British partner who wishes to sponsor their non-EEA family member to the UK must demonstrate that they earn at least £18,600 per annum. It has been deemed that, following consultations, this the correct level to demonstrate financial stability on the part of the British national. How this will affect applications to the UK will be determined over the next few months.

Should any dependent children be included, higher requirements would apply. Should a partner and child be accompanying a British national to the UK, the British national will need to demonstrate that they earn at least £22,400. Should more than one child accompany, an additional £2,400 would apply.

The UKBA have introduced such changes to ensure that any non-EEA family members will not become a burden on the taxpayer. This is also an attempt to ensure integration into modern British life by the UKBA.

The UKBA have introduced complex mechanisms by which the financial support can be demonstrated. This includes different evidentiary requirements for those in employment for less than 6 months with their current employer and details on what savings can be used.

Probationary period
At present, when a non-EEA partner of a British national they are given a two-year probationary period in the UK. At the end this period, the partner may then apply for settlement in the UK provided they meet the requirements of the rules.

However, from 9 July the probationary period will be extended from two to five years.

This is in an effort to demonstrate that the couple’s relationship is genuine and still subsisting after five years.

Entry clearance applications will be granted for an initial period of 33 months (currently this is for 27 months) after which the applicant will need to extend their stay in the UK. The extension will be given for 30 months. At the time of extension, the financial requirement must be demonstrated once more.

If the partner is already in the UK and eligible to switch their status into that of a partner of a British national, they will be granted two periods of 30 months of stay in that category.

PBS: Points Based Migrants will also need to show that they have been living together with their partner for at least five years. When the partner of a Points Based System migrant applies for settlement in line with their partner, they too must have spent five years in the UK on a route that leads to settlement. This applies to persons applying as PBS dependents from 9 July 2012 onwards.

Indefinite leave to enter
It was possible for a non-EEA partner of a British national to apply for indefinite leave to enter the UK, provided that the couple was living together for four years outside of the UK.

This route is being completely removed.

The reason given by the UKBA for the removal of this route is that immediate settlement, and thus access to the welfare system, is unfair. Those who wish to access the welfare system must demonstrate compliance with immigration rules and the changes are also designed to promote integration into UK life.

Over-age dependents
Dependents of British nationals who themselves are over 18 years old will not be able to settle in the UK unless they can prove that, as a result of an illness or a disability, they require a level of personal care that can only be provided by their British relative in the UK.

Changes to English language requirements
From October 2013, persons applying for settlement in the UK must have taken and passed the Life in the UK test AND an English language test, in speaking and listening, to qualify.

At present, settlement applications only require the applicant to have taken and passed the Life in the UK test.

PBS: partners of Points Based Migrants will also need to take and pass the Life in the UK test AND an English language test, in speaking and listening, to qualify for settlement. This comes inro effect from October 2013.

Genuine relationship
Further guidance has been issued to determine whether a relationship is genuine where the basis of the relationship is required for the applicant’s immigration permission.

The UKBA are aware of a number of sham and false relationships and marriages; therefore, they have introduced new criteria to determine whether a relationship is authentic. These include the following:

• If the marriage took place in the UK
• Where a couple cannot provide any information about their intended living arrangements in the UK
• Few guests at a wedding and a lack of close family members
• Evidence of money being exchanged for the marriage to be contracted
• The applicant has applied for leave to remain in another category and has been refused

These wide-ranging changes are likely to have a significant impact on those who wish to bring their partners into the UK. Please consult with us should you have any employees affected by the above changes.

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 them 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 need 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 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: 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.

DEFINITIVE IMMIGRATION SERVICES JOINS SKYPE

In line with growing business demands and international clientele, Definitive Immigration Services is now available on Skype.

To find your Consultant, simply search for:  ‘definitive_first name of your Consultant’ and add us as a Contact.

For example: ‘definitive_dhanjaye’.

We look forward to speaking and conferencing with you via Skype!

LONDON 2012 OLYMPICS – POTENTIAL IMPACT

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 are 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-Olympics related.

The impact on visa processing is likely to last until just after the end of the 2012 Paralympic Games on 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. Accommodation, transport and travel will be severely affected so we are happy to consult with you about probable effects on the management your business over this period.

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. We would be pleased to arrange it.