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Archive for June, 2011

June 25th, 2011

UK Border Agency Proposes to Reduce Migrants Settling in the UK

The UK Border Agency is undergoing a consultation to decide which categories should lead to Indefinite Leave to Remain / Settlement.

The Government intends to reclassify all UK Visas as either [i] Temporary or [ii] Permanent. It is proposed that only Permanent visas will allow migrants to apply for Indefinite Leave to Remain / Settlement in the UK.

This consultation is still in the preliminary stages. Final plans are not yet confirmed. There are also a number of restrictions still in discussion regarding the Points-Based System;

  • Whether Tier 2 should become a Temporary immigration route that cannot lead to Indefinite Leave to Remain.
  • Whether other specific categories of Tier 2 migrant such as Ministers of Religion, Elite Sportspeople, and those earning over £150k; should retain an automatic route to settlement.
  • To create a new visa category that would allow the most exceptional Tier 2 migrants to apply for settlement.
  • To introduce greater restrictions on which Tier 2 migrants can change immigration status within the UK.
  • Tier 2 migrants who cannot switch into a settlement route will only be able to stay up to 5 years. At the end of this period, the applicant and all dependants would be expected to leave the UK.

It is proposed that, if these changes do come into effect, this will apply to all those who entered on the Points-Based System from 06 April 2011.

Other topics under discussion include; the introduction of an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement; and greater restrictions on the Domestic Worker category

Please follow our news for updates.

June 21st, 2011

Immigration Scam – Fake Job Offers

UK Visa Appeal has been contacted by a number of people who have been offered bogus jobs, within international companies, as part of a global immigration scam.

The jobs are posted onto a recruitment site. Once the person registers their interest in the role, they receive an email from an ‘agent’ asking for money to be transferred to take care of visa fees. In addition to the above, the email requests that the paperwork is sent to another address in the UK.

These bogus job offers promise a high salary or commission (or both), working at a famous or well-known establishment such as a hotel chain. These are not real. Once the money has been paid, the agent does not contact the person again. This is known as an ‘advance-fee fraud’.

There are hundreds of bogus websites on the Internet; offering bogus employment in the UK. These ‘agents’ normally use mobile telephone numbers and request that funds are sent via western union or similar. If you are in doubt, do not send any money overseas.

June 14th, 2011

Sham Marriage Guidance Issued to Clergy

The Church of England must ensure that non-EEA nationals apply for a licence in order to marry within the UK. This change took effect from 12 April 2011.

This involves the person making a sworn declaration, recognized in law. If a member of the clergy is not satisfied that the marriage is genuine, this will be communicated to the person responsible for issuing the licence.

The Church may ask for paperwork which proves the couples right to marry together with evidence of identity and official correspondence. In addition to the above, the couple would most likely be visited at their named address.

There have been 155 arrests across the UK which related to sham marriages; as a direct result of improved awareness and co-operation between the UK Border Agency and the Church of England.

Sham marriages often occur when a person believes that this will give them the automatic right to settle in the UK. This is not the case.

June 2nd, 2011

Late Evidence – No Longer Accepted for Points Based Appeals

From Monday 23 May 2011, the Immigration Tribunal will no longer consider evidence submitted after the original application was made, for points-based system appeals.

This will affect migrants who were refused due to insufficient maintenance (funds). Further submission of evidence (e.g additional bank statements) will no longer be accepted.

It is essential to make sure that all points-based applications are fully supported at the time of application.

These new changes to the Immigration Rules will affect all appeals made within the UK, under the points-based system.