Immigration services firm 1st Contact is raising concerns over the legality of current practice by the UK Border Agency following numerous reports of lengthy waiting periods for family members of EEA nationals awaiting the outcomes of their applications to live and work in the UK. By law the agency is required to decide Residence Card applications within a period of six months.

In light of reports that authorities are taking up to fourteen months to decide applications, 1st Contact’s Visa Manager Stephen Atkinson says the UK Border Agency is in clear breach of its legal obligations.

Essentially, Community Law stipulates that the UK Border Agency must decide residence card applications within 6 months, or they are open to damages claims, he explained during a recent exclusive interview.

With a record of client cases of residence applications which have not been decided within the stipulated period, the UKBA is currently in breach of Community Law. It’s an issue Atkinson is taking up in conjunction with ILPA, urging his clients and long-suffering applicants to do the same.

The UK Border Agency says it is in their interest to hear complaints from applicants and has assured the public that complaints received will not affect the status of the individual’s application.

Applicants who have not received a response from the Border Authority within six months of submitting their documentation may lodge a complaint on their UKBA website.

A tough economic climate has left many feeling that work opportunities abroad are few and far between. But according to the latest moves by the Migration Advisory Committee, while some skills need to be removed from the list of those in demand, others should be added. A whopping 530,000 jobs in the UK still need to be filled from highly skilled workers.

The migration committee which serves as the UK government’s key advisor on immigration says professions in line of orchestral musicians, computer animators and dancers should be considered in-demand professions.

Professor David Metcalfe, Chair of the Committee, says his team has “looked critically at the evidence regarding the occupations under review and made recommendations which balance the needs of the UK workforce against those of employers”.

Revising medical and health related occupations and the criteria by which care assistants, home carers and chefs are defined as skilled also stands on the Migration Advisory Committee’s agenda.

"It is important to note that some shortages of skilled labour will still exist in a recession,” says Metcalfe.

“This can be where there is a long-term structural shortage of skilled workers, where workers provide key public services, or in areas such as culture where the United Kingdom needs to maintain global leadership,” he added.

The recommended changes will only apply to Tier 2 employer sponsorship of the points based system (PBS). UK immigration will announce decisions based on the Migration Advisory Committee‘s recommendations at a later date.

20 May 2009

From the UK Border Agency website:

This page explains the arrangements that have been put in place for migrants covered by the 6 April 2009 judgment in the judicial review brought by the HSMP Forum Ltd. This judgment relates to the continuous residence requirement for settlement in the United Kingdom (also called 'indefinite leave to remain' or ILR).

You are covered by the judgment if we sent you a Highly Skilled Migrant Programme (HSMP) approval letter on the basis of an application made before 3 April 2006, and you obtained entry clearance or permission to stay in the United Kingdom (also called 'leave to remain' (LtR)) on the basis of that letter.

Migrants covered by the judgment fall into a number of groups, depending on their circumstances.

Migrants who have already settled in the United Kingdom under the HSMP or Tier 1 (General) on the basis of having completed five years continuous residence in a qualifying category
You fall into this group if: you were initially granted entry clearance or permission to stay in the United Kingdom for one year under the HSMP requirements; you then successfully applied to extend your stay by a further three years; and you subsequently had to make a second extension application in order to complete five years' continuous residence in the United Kingdom.

Migrants who have completed four years' continuous residence in the United Kingdom in a qualifying category
You fall into this group if: you were initially granted entry clearance or permission to stay in the United Kingdom for one year under the HSMP requirements; you then successfully applied to extend your stay by a further three years; and you subsequently had to make a second extension application in order to complete five years' continuous residence in the United Kingdom, but you have not yet reached the point of applying for settlement.

Migrants who will soon have completed four years' continuous residence in the United Kingdom in a qualifying category
You fall into this group if: you were initially granted entry clearance or permission to stay in the United Kingdom under the HSMP requirements, for one year (if your application was approved before 3 April 2006) or two years (if your application was made before 3 April 2006 but not approved until after that date); and you then successfully applied to extend your stay by either three or four years, but you have not yet reached the point of applying for settlement.

Migrants who applied for settlement after four years and had their application refused
You fall into this group if your application for settlement was refused purely because you had not completed five years continuous residence in the United Kingdom, and: you won an appeal against the refusal decision and were later granted permission to stay; or you did not appeal the refusal decision; or you appealed the refusal decision but your appeal was dismissed.

Migrants who have completed four years' continuous residence in the United Kingdom in a qualifying category and have applied to extend their stay
You fall into this group if: you were initially granted entry clearance or permission to stay in the United Kingdom for one year under the HSMP requirements; you then successfully applied to extend your stay by a further three years; and you have now applied for a second extension in order to complete five years' continuous residence in the United Kingdom.

Note that this only applies to HSMP - it does not apply to Work Permits or Ancestry visas.

Please do not hesitate to contact us on visas@1stcontact.com for further details.

The budget was released last week and unsurprisingly there have been amendments to the current Immigration policy of Australia. The following is a summary of those changes announced by the Minister for Immigration and Citizenship, Senator Chris Evans and how they may impact on those affected.

• Skilled Migration places will be reduced to 108,100 from 115,000 this reduction is on top of the March reductions when skilled migration was reduced from 133,500 to 115,000. This represents a 20% reduction in overall skilled migration numbers and reflects the governments concern about Australian resident jobs.
• The English language IELTS score for tradesmen has been increased from 5 to 6 for non-sponsored applicants. This will take effect from 1st of July 2009 for offshore applicants and 1st of January 2010 for onshore applicants. This change reflects the governments belief that immigrants with good English language skills have better success at finding work and integrating into Australian life  
• Employer and government sponsored visas will not be capped and in most cases will still be afforded a fast track processing system as will those applicants who feature on the Critical Skills List (CSL). This reflects the governments desire to design an immigration system that can react quickly and fill critical skills shortages quickly where possible.
• A job ready test will be implemented on 1 January 2010 for onshore skilled trade applicants. The Details of the job ready Test are being developed by the Department of Education, Employment and Workplace Relations in consultation with the Department of Immigration and Citizenship and key industry stakeholders.

1st Contact recommends that those people who are considering applying under the General Skilled Migration (GSM) pathway consult a registered agent to discuss their eligibility. With these further restrictions and reduction in numbers it is more important than ever to ensure your application is submitted correctly, errors in application have the potential to set migrants back months even years in their plans. For those applying under the GSM but not on the CSL it is expected that long delays in processing times are to be expected and as such other options such as sponsorship may be worthwhile investigating.

From the UKBA website - 23 April 2009

www.ukba.homeoffice.gov.uk/.../indefiniteleavetoremainforhsmp1

This news item follows on from the news item published on 14 April 2009.

The Court Order, dated 8 April 2009, in relation to the above judgment gives the UK Border Agency 42 days to implement that judgment.

Work is underway to put the necessary remedies in place. This is not a simple matter and it is right and proper that we take the time available to make sure that correct policy and procedures are in place for all those affected.

We appreciate that those affected will be keen to formalise their position in relation to the judgment but ask you not to submit an application based on the outcome of the judicial review, until policy and procedures are published on this website.

There will be some people whose leave is due to expire before (or shortly after) the policy and procedures are published on the website. Those people will need to submit an in-time application. If this is the case you can submit an application for indefinite leave to remain (ILR) and this will be held until policy and guidance is published. It would help if you can make sure you attach a note to your application identifying yourself as being affected by the ILR judgment handed down on 6 April 2009.

Policy and procedures for all those affected by the judgment will be published on or by 20 May 2009.

Recent media reports have created the impression that Australia is no longer welcoming skilled migrants. But it’s an impression, expert immigration firm, 1st Contact says is inaccurate. The international firm says amendments to Australian migration policy centre on changes in the categories that administer migration and do not signal any end to it.

“Australia does still need skilled migrants,” says Anna McKellar, a Visa Consultant at 1st Contact’s Migration Office in London. “Occupations for skilled professionals are still open so individuals possessing sought after skills remain in demand.” She identifies recent confusion in the media as having emerged, given several professions have been removed from a critical skills occupations list designed to fast track applicants’ processes for individuals possessing skills in high demand in the Australian economy.

In January 2009 the Department of Immigration and Citizenship (DIaC) introduced the Critical Skills List (CSL), which highlights occupations in critical demand in Australia. On the basis of this list, authorities fast track an application if the potential migrant performs an occupation which is registered on the CSL. When any given skill is removed from the list, it isn’t removed from the overall Australian migration category of skills in demand.

1st Contact says it’s important to understand that there are 2 lists used specifically for the purpose of allocating points to an applicant’s points score when seeking employment in Australia. “They comprise the Skilled Occupation List (SOL) and the Migration Occupations in Demand List (MODL),” McKellar points out.
  
In mid March, the DIaC reviewed the CSL and removed all trade occupations in building and manufacturing, with exceptions for Gasfitters, Wall and Floor Tiler and Electronic Equipment trades. The move led some to assume or report that these skills were thus no longer in demand at all, when in fact they were simply no longer eligible for fast tracking as they had been removed from the CSL. The BBC was amongst those who erroneously reported “bricklayers, plumbers, welders, carpenters and metal fitters are no longer required,” when, in fact, their applications are simply not eligible for fast-tracking during the application process.

According to Australian Senator Chris Evans, Minister for Immigration and Citizenship, building and manufacturing trades will be removed from the Critical Skills List, meaning fast tracked applications for bricklayers, plumbers, welders, carpenters and metal fitters will no longer apply. “The list will now comprise mainly health and medical, engineering and IT professions,” he noted in an online statement on a government website.

The changes to the Critical Skills List are due to the economic situation in Australia, which has prompted authorities to limit migration intake for the next visa year, which starts in July and runs through to June 2010. The biggest slow down has occurred among the trade sector in Australia and due to this slow down in the market, DIaC reviewed the CSL, and has taken the appropriate action.The Australian authorities will continue to review the critical skills list and according to Senator Evans, the “government remains committed to a strong migration program but will continue to monitor the migration intake and will set the 2009-10 migration program to reflect the economic climate as part of the Budget process.”

Although some occupations have come off the CSL, they will remain on the SOL (Skilled Occupations List) and MODL (Migration Occupations in Demand List), so applicants who satisfy the points criteria can still make an application for migration to Australia. The option of fast-tracking applications for skilled professions, which no longer fall on the CSL, are still available under State or Territory sponsorship.

09 April 2009

With effect from 9 April 2009 the UK Border Agency is suspending the fee for Certificate of Approval applications. This means that individuals making an application for a Certificate of Approval on or after this date will not be required to pay the fee.The fee has been suspended in order to comply with the House of Lords judgment in the case of Baiai v the Secretary of State for the Home Department.

The UK Border Agency is carefully considering the implications for those who have already paid a fee and will shortly announce its policy in this respect.

The new laws surrounding initial or first Tier 1 (General) applications were published today, where the fears that Masters degree qualifications would be the absolute minimum requirement have been realised. The minimum earnings criteria has also been raised to £20,000.

The good news is that this does NOT affect extension applications for those currently in the UK under the HSMP or Tier 1 (General) schemes. Further to this, professional or vocational qualifications such as CA/ACCA/CIMA etc will still be recognised as equivalent to a UK taught Masters degree - as long as the UK professional body will confirm such.

Please do not hesitate to contact us for a free assessment of your eligibility for the Tier 1 (General) Highly Skilled Migrant programme.

The UK Border Agency has once again announced a further clamming of immigration law, set to adversely affect young aspiring professionals wishing to spread their wings and pursue a career abroad. A new addition to the radical UK immigration regime, issued by the UK Border Agency (UKBA), has imposed a new criterion on Tier 1 Visa applications, where any highly skilled foreign national must possess a master’s degree (rather than a bachelors degree) and earn an annual salary of £ 20 000 to gain permission to work in the UK.  According to expert immigration firm 1st Contact, the new legislation is set to protect the interests of British nationals in the face of the economic slump.

1st Contact affirm that, in an attempt to safeguard UK citizens from potentially losing their jobs to foreign workers, the UK are also imposing restrictions on UK based companies wishing to recruit foreign workers, according to Tier 2 Visa regulations, where the following restrictions have been implemented to date:

1. UK employers will need to advertise job posts to UK residents through a UK job Portal, JobCentre, before they are able to consider recruiting a foreign employee outside of the EU.
2. The UK Skills shortage list will no longer be used as a tool for recruiting foreign workers, but rather as a means of upskilling British nationals to decrease the UK’s dependency on foreign skills.
     

1st Contact urges all highly skilled professionals who are in the process of obtaining their Tier 1 Highly Skilled Migrant Visa, to live and work in the UK, to move extremely quickly in confirming their applications, since the new legislation governing UK Tier 1 Visas is set to come into full effect, as early as, April 2009. In addition to this it has been alleged that further restrictions to the Tier 1 Highly Skilled Migrant Visa may still take shape.

UK Home Secretary Jacqui Smith says “ Just as in a growth period we needed migrants to support growth, it is right in a downturn to be more selective about the skill levels of those migrants, and to do more to put British workers first”.

For more information, please visit www.1stcontactvisas.com