The UK Government has recently announced a firm stance on migrants who have unpaid debts to the NHS following medical treatment.

Those migrants with outstanding NHS debt of £1,000 or more will be refused entry to the UK and not permitted to stay until the debt is cleared.

The NHS is working closely with the UK Border Agency to provide information on debtors, so that this is on record when any further applications are made to enter or remain in the UK.

This move is expected to result in 94% of outstanding NHS debt from migrants to be reclaimed by the UK Government.

European law protects the rights and freedoms of workers and their families to move freely across the EU.

Until recently, certain categories of people still did not benefit from these provisions, such as sole carers. This would mean that a sole carer of a dependant British Citizen would not have automatic right to reside under European Law.  Removing the carer from the UK would result in the dependant British citizen also having to leave the EU to join their carer.

The European Court of Justice ruled in the case of Ruiz Zambrano (C34/09) that sole carers do have a right to reside in the UK. The UK Border Agency will amend their guidance to comply with this in due course.

As a temporary measure, applicants will be given a certificate of application. This will be issued on the basis of demonstrating evidence that;

• the dependent is a British citizen
• there is relationship between the sole carer and the British citizen
• there is a clear dependency between the applicant and the British citizen

If approved, this document can be used as proof of the person’s right to work in the UK for up to 12 months.

The Government has recently held a consultation on family migration for overseas nationals in the UK. This has been a central point of interest by the UK Border Agency, who is reviewing how overseas family members integrate into UK society.

This has sparked a debate on migrant’s rights under Article 8 of the European Convention on Human Rights; where removal of a person breaches these fundamental rights and freedoms.

Please note that this consultation is still open – nothing has been decided yet.

A number of proposed changes included within this consultation are as follows:

• Sham and Forced Marriages – to agree on a clear definition of what constitutes a genuine and continuing marriage.  To make sham marriages a lawful impediment on the right to marry (applies to England and Wales) where deception is suspected.

• Minimum Income Threshold – For UK sponsors of partners and dependants, to ensure that family migrants are adequately supported as a basis for integration.

• Extended Qualifying Period to Settlement – Partners will only for settlement after 5 years (currently 2 years) to test whether the relationship is genuine and to encourage integration into UK society.

• English Language – Partners and adult dependants (<65) must demonstrate an understanding of everyday English (equivalent to level B1 on the Common European Framework for Languages) when applying to settle.

• Appeal Rights – To review whether family visit visa refusals should have the full right of appeal.

The number of visa applications granted in these categories (2010) were as follows:

• 48,900 family visitor visas
• 40,500 marriage or civil or other partnership
• 8,400 were granted to other dependants.

The new Tier 1 (Exceptional Talent) route will be open to applicants based outside the UK from 09 August 2011.

This category is aimed at the world’s most talented leaders in the fields of science, humanities, engineering and the arts to come to the UK.

This new category will only apply to migrants who are internationally established or have potential to be leaders in their respective fields.

There will be 1,000 places available within the first 12 months. However, only 500 places will be available between the 09 August 2011 and 30 November 2011 with a further 500 places available from the 01 December 2011 to 31 March 2012.

The UK Border Agency will be advised by internationally renowned competent bodies to ensure that the exceptionally talented migrants are the brightest and best in their fields;

• The Royal Society, an organisation of the world’s most distinguished scientists will have 300 places.
• Arts Council England, the national development agency for the arts will have 300 places.
• The Royal Academy of Engineering, Britain’s national academy for engineering will have 200 places.
• The British Academy, the national academy for the humanities and social sciences will have 200 places.

Migrants on the Tier 1 (Exceptional talent) category will initially be granted permission to stay for 3 years and 4 months. They will then be able to extend their stay for a further 2 years and settlement may be available after 5 years residence in the UK.

The UK Border Agency has introduced significant changes to the Tier 4 General route of the Points Based System.

These changes, outlined below, apply to international students from 04 July 2011;

• Restricted employment; Only students sponsored by higher education institutions (HEIs) and publicly funded further education colleges can be employed (part-time during term time and full-time during vacation periods)
• Dependants; Only certain types of student can bring dependants to the UK.  Family members of students sponsored by HEIs, on postgraduate courses, lasting 12 months or longer can join the main applicant.  This will also apply to dependants of government-sponsored students, on courses lasting longer than 6 months
• Academic progression; The UK Border Agency now requires institutions to confirm that the course of study represents genuine academic progression from any previous courses studied by the person in the UK
• Low-risk nationals; Tier 4 students sponsored by Highly Trusted institutions will benefit from a less stringent application process.

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.

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.

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.

The Highly Trusted sponsor licence is a new category awarded to Tier 4 sponsors which have a track record of recruiting genuine students who comply with the UK’s immigration rules.

All sponsors under the Tier 4 of the points-based system will receive an ‘A’ or ‘B’ rating when completing a successful sponsorship licence application. The Highly Trusted sponsor category is a further segmentation of the sponsor rating system. It is designed to identify sponsors who have the highest levels of compliance with their sponsor obligations, and those students show the greatest compliance with the terms of their visa or permission to stay.

Highly Trusted sponsors must meet the UK Border Agency criteria when holding a Highly Trusted sponsor licence. When sponsors have successful achieved Highly Trusted Sponsor status there will be greater flexibility, more privileges, and new services available to them.

A Highly Trusted sponsor licence is valid for a period of 1 year, which must be renewed to continue holding the Highly Trusted sponsor status.

The first allocation of restricted Tier 2 (General) certificates of sponsorship under the new immigration limit, took place on 11 April 2011. Over 1,000 certificates of sponsorship were granted in April 2011.

All valid applications scoring at least 32 points received by 6 April 2011 were successful.

There were over 3,000 certificates of sponsorship carried over to May 2011. Each month any certificates of sponsorship that have not been allocated will be carried over to the following month.

The permanent limit on migration through Tier 2 (General) was introduced on 6 April 2011.