In recent press releases, Damian Green, the immigration minister, has announced that the UK Government is planning to give the current British immigration system a complete makeover to attract fewer but better qualified migrants to live and work in the UK. In particular, preferential treatment should be given to migrants who can contribute capital, skills and brain to the UK.
The Immigration Rules were amended on 6 April 2011 to include a new tougher criminality threshold. The key difference is that as of this date any unspent conviction will lead to a mandatory refusal of a prospective application to be granted settlement in the UK under the working and the family route. The new threshold is a much stronger requirement that the “good character” found at paragraph 322 of the Rules which sets out the general ground of refusal.
The UK Border Agency is planning to introduce online submissions for extension applications in the UK in line with current procedures already implemented for entry clearance applications submitted overseas. Thus, migrants workers under the Tier 2 and Tier 5 Schemes will be able to apply for further leave to remain online as of 14 February 2012.
The UK Border Agency in the United Arab Emirates will introduce a priority visa service in Abu Dhabi and Dubai.The priority visa service will allow you to have your application processed ahead of others. It costs 360 AED in addition to your visa application fee.
From 6 April 2012 the UKBA will be removing the provision for applicants in the UK to apply for permission to stay here (known as leave to remain) before they have taken or received the results of an English language test. This policy applies to applicants applying under Tier 1 (General), Tier 1 (Entrepreneur) and Tier 2 of the points-based system.
The UK Border Agency has confirmed that the Tier 1 Post-Study Work scheme will be closed in April 2012. This is unfortunate, since most foreign graduates having spent money and effort to complete and gain their UK degrees will not be eligible to remain in the UK in other existing categories
Under the current immigration Rules, in order to join a British partner or a person who is settled person in the UK, a foreign applicant will need to apply for leave to enter as a fiancée or as a spouse and persuade the entry clearance officer as well as provide adequate evidence that the relationship is genuine, he/ she intends to settle in the UK, any previous relationships have permanently broken down and finally that the they can support and accommodate without recourse to public funds.
As previously published, Taiwan has now been added to the countries eligible to apply under the Tier 5 Youth Mobility Scheme. However, prospective applicants should bear in mind that their application will be dealt on a first come first serve basis and there is a strict limit on number of places available for each participating country.
Controls to restrict how Bulgarian and Romanian nationals access the UK labour market will be extended until the end of 2013. This means Romanian and Bulgarian (EU2) nationals seeking to work in the UK will continue to require permission from the UK Border Agency before they can work in the UK.