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.