Tag Archives: UK immigration

5 major UK Immigration news for 2016

In 2016, the UK will is rolling out important major change in the immigration system that will affect workers, businesses, family life and study for migrants.

Here we have compiled a useful guide of our 5 major picks from the new law that will be put in place as well as what to look out for in immigration news being discussed by government in 2016

1. The Immigration Bill

The Immigration Bill has reached the committee stage in the House of Lords and will likely become law this year. It includes a range of policy changes, particularly targeting illegal workers and businesses.

Those found working illegally in England and Wales could face up to six months in jail with wages being seized as ‘proceeds of crime’ and employers could face a maximum criminal penalty which has changed from 2 to 5 years. Additionally, with new laws allowing banks, police, DVLA and landlords to be given new powers to check immigration status, families could easily find various aspects of their daily life surveilled.

Employers under Tier 2 or Tier 5 sponsors employing recent graduates and Non-EEA migrants will have to follow a new immigration skills charge (visa levy) to businesses who preferentially employ skilled migrants from abroad which is currently being assessed by the Migration Advisory Committee (MAC). The visa levy on businesses was created to further enforce the Labour Resident Market Test and the extent of the charge is not currently known.

Find out more about what the Immigration Bill is and how it will affect you with our guides.

2. Residence in the UK

Migrants with UK work visas will have to earn at least £35,000 or more to be able to apply to stay in the UK as permanent resident (apply for indefinite leave to remain) after April 6, 2016.

Read more about the changes to permanent residency for Tier 2 general holders.

3. Right to Rent

From the 1st of February 2016, the ‘right to rent’ scheme is being rolled out UK wide. Private landlords will be compelled by law to check the immigration status of all their tenants.

Landlords will need to take copies of all adult passports or residence permits. Failure to do so could result in them being fined up to £3000 per tenant, for each tenant who has no right to rent in the UK, including undocumented migrants.

Research by the Joint Council for the Welfare of Immigrants has found that the scheme can be discriminatory towards ethnic minorities, including Asians.

Read how the Right to Rent law may affect you.

4. An Online Visa Application System

The government will invest more than £250 million to overhaul the passport and immigration system. This investment was made to enable migrants to apply and pay for their passport and visa applications entirely online.

This online visa system is aimed to improve information, convenience and flexibility. Though it is not currently known when it will be implemented, it may be news worth looking out for.

You can read more about what was discussed in immigration in the spending review on the Gov.UK website.

5. Increased Fees

The UK government are introducing and looking into a few new fee changes this coming year:

The government recently announced that fees for settlement, residence and nationality will increase by 25% in 2016–17 and visit, study and work visa fees will increase by around 2%. There will also be targeted increases to premium services, such as the priority visa service. The specific fee changes for 2016–17 will apply after further legislation is laid in Parliament by April this year.

You can read more on the new fees on the Gov.UK website.

The government have also indicated that they are looking to extend charges for Non-EU overseas visitors and migrants to access various departments of the NHS. They are looking to extend beyond the health surcharge to Accidents and Emergency (A&E), ambulance care as well as some general practitioner (GP) services such as blood tests, lung function tests, prescriptions, dental treatment and physiotherapy.

They seek relevant views on these proposals to further extend these charges. It closes on Sunday 6 March 2016 and can be accessed on the Gov.UK website.

Latin Americans moving to the UK: How did cuts and migration policy reforms affect them?

Latin Americans that moved to the UK from EU countries with high unemployment rates are living in increasingly precarious circumstances – usually under financial hardship and even in debt.

These are the findings from a new report by Leeds University which illustrates the negative impact that cuts and immigration policy reforms have had on Latin American migrants that remigrated to the UK from EU countries.

According to the last census (2011), a third of Latin Americans living in the UK have lived before in another country of the European Union, the majority of them in Spain, Portugal and Italy, and have then remigrated to the UK after gaining EU citizenship.

Despite having EU passport, these newly arrived Latin Americans face a situation of “practical exclusion” from the public services, due to the lack of understanding of how the system works, the language barrier and the reduced number of outreach, interpreting and translating services in the public services after the recent cuts.

Furthermore, the reduction of public funding to the third sector has limited the capability of Latin American organisations to attend and cover the increase in the demand from new migrants.

The report also suggests that the lack of services tailored to the Latin American diaspora – who too often don’t understand the system and aren’t fully competent in the English language – leads to situations where:

The report, published by Leeds University in collaboration with the Latin American Women’s Right Service (LAWRS), also focuses on the impact that new migration policies have had on migrants’ access to public services, mostly by limiting the entitlement of the new arrivals to work benefits and access the healthcare system.

This shortage of resources has lead to vulnerable situations and a reliance on exploitative systems, worsening the financial hardship and the psychological impact that migration has in this particular group of the Latin American community, undermining their chances to secure a stable economic situation and better opportunities for future generations.

Finally, the report highlights how Latin American women suffer these difficulties especially, as they are often the main carers for children and family.

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This guest blog post was written by Beatriz Martinez, Deputy Editor and Community Manager for Latin Americans at Migreat.  

Read more on life and experiences of Latin American migrants living in the UK by joining the Migreat Latin American community!

Migreat’s Recommendations for Improving the UK’s Entrepreneur Visa Route Taken on board by the MAC

Migreat welcomes the Migration Advisory Committee’s (MAC) latest recommendations to the UK government regarding changes to the UK Entrepreneur visa route for individuals seeking to set up businesses in the UK.

In the report published on Thursday the 29th of October, the government’s immigration experts have called for an overhaul of the visa system for entrepreneurs after finding substantial evidence of low-quality businesses established by applicants previously granted the visa.

The MAC advised that there should be a more thought-out process for the immigration of foreign entrepreneurs and suggested two main reforms 

  • The selection process should involve industry experts rather than case workers. It could be done by appointing a panel of experts with expertise in early-stage entrepreneurship, such as angel investors or venture capitalists; recruiting specialist immigration officers qualified to review business plans; working with other government departments such as UKTI or BIS; or outsourcing the assessment of business plans to a professional services firm.
  • The minimum amount and source of money should include business angels. In particular, the Home Office could work with UKTI and the UK Business Angels Association (UKBAA) to explore the feasibility of approving selected angel investor networks or syndicates (like accelerator programmes) to provide third party endorsement.

Lastly, the MAC suggested to introduce a specific visa route for talented entrepreneurs looking to establish start-up businesses in the UK similar to a startup visa scheme in order to attract more innovative entrepreneurs.

These recommendations are the exact same suggestions Migreat made last March 2014 to the UK Government in its report on the UK Entrepreneur visa.

Migreat is delighted to see its recommendations reflected in the MAC report and strongly believes that these recommendations will make a difference for many talented applicants who have been rejected for issues as minor as improperly filling out forms. It is great news in particular for foreign entrepreneurs with limited access to capital and for early stage startups.

UK Immigration Rules Changes for October 2015

Recently, we have been reporting on UK Immigration policy changes regarding international students. This time we list the changes in immigration rules that will affect other visa categories (work, highly skilled and family) and requirements for applicants to those categories.

Most of the following changes affect applications made on or after 19 November 2015.

Asylum

  • EU nationals will not be able to make asylum claims, unless exceptional circumstances apply.
  • Clarifying the circumstances in which refugee status will be withdrawn.

Settlement

Family/Private Life

  • Child’s application for entry clearance will be refused where the Secretary of State considers that the sponsor or the sponsor’s partner poses a risk to the child.

Tier 1 (Exceptional Talent) of the Points Based System

  • Criteria through which Tech City UK endorses Exceptional Talent applicants has been amended to better reflect the skills and experience of target applicants who are most likely to add value to the UK digital technology sector.

Tiers 2 and 5 of the Points Based System

  • Four jobs in the digital technology sector (product manager, data scientist, senior developer and cyber security specialist) are being added to the Shortage Occupation List (SOL), alongside nursing
  • Clarification of the charity worker rules for sponsors and applicants.
  • Setting the annual allocation of places available under the Youth Mobility Scheme for 2016.
  • Minor amendments to the list of Government Authorised Exchange Schemes.

For information visit www.gov.uk/government/collections/immigration-rules-statement-of-changes

If you need to speak to an immigration expert, do connect with Migreat online visa assistant or directly contact us via @Migreat on Twitter.

UK Investor visa: a golden immigration route for criminals?

At Migreat, we keep an eye on immigration news, government announcements and the hard data backing these information up.

This week, we came across an interesting report from Transparency International UK that tell us what we at Migreat have argued for a while now: the UK immigration system favours wealthy immigrants – and it does it at a high costs for society.

Websites advertising the investor visa before the change of rules in April 2015
Websites advertising the investor visa before the change of rules in April 2015

Red Carpet for Investors
The UK immigration rules are tough for low-skilled migrants and international students but when it comes to investors, rules are much more relaxed.

In its latest report Gold rush: Investment visas and corrupt capital flows into the UK  Transparency International UK reveals how the UK’s Tier 1 Investor visa scheme is likely to have been used for money laundering practices.

The UK Investor Visa
Since 2008, the UK investor visa allows non-EU wealthy nationals to live and work in the UK if the bring an investment of at least £2 million in a UK bank account. This visa is the only UK Visa for which applicants do not have to prove to be able to speak appropriate English to be granted the right to come live in the UK.

Furthermore, the more money is brought to the UK, the faster and easier it is for the investor and its family to be granted leave to remain and apply for a British Passport. If an applicant shows £5 million, he/she can get the right to apply for permanent resident after 3 years in the country. If the applicant shows to be bringing £10 million then the time to apply for permanent residence is reduced to 2 years.

Corrupt Wealth getting unchecked
According to Transparency International UK,  £1.88bn of Chinese and Russian private investment has been channelled into the UK through this golden investor visa scheme since 2008 and this was done without adequate and essential money laundering checks on these investments. 

The report details how due diligence was not operated due to “blind faith”.

  • Before April 2015, the visa was granted before the money was transferred in the UK – meaning that the source of the money was NOT checked by UK banks prior the granting of the Visa. UK banks used the fact that the individual were granted a UK investor visa as a qualifying evidence to overcome due diligence concerns when assessing the individual’s legitimacy.
  • Before September 2015, no criminal background checks was done by the Government against applicants under the scheme
  • Since the implementation of a check for criminal record and the obligation for the money to be transferred to the UK (and so checked by banks following strict due diligence work) the amount of applicants have sharply dropped. (see below)
UK Gov National Statistics
UK Gov National Statistics

So no only, corrupt individuals have been attracted to an investor visa in order to achieve residency in the UK but, it has been also an attractive tool to help circumvent a bank’s due diligence checks.

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We, at Migreat, can only be saddened that immigration rules can be so easily used by criminals meanwhile we receive everyday requests from foreign entrepreneurs having difficulties stay legally in the country because the UK Entrepreneur visa route is not accessible to them. We will continue advocating in the press for a fair and healthy immigration policy are that favours talented people, bright minds and job creators.

Read our guides on how to apply for a UK Entrepreneur Visa, Tier 1 Exceptional Talent visa or a UK Work Visa.

Immigration Bill 2015: Who will be affected

The Immigration bill has passed it’s second reading in the House of Commons and is now being sent to a Public Bill Committee. It received 323 votes to 274 with considerable opposition from Labour, Lib Dem and SNP MPs.

Speaking of the large number of immigration changes that have been made since Theresa May has become Home Secretary they argued that it will not reduce illegal immigration and will damage social cohesion.

Who it will affect and why

  • Workers

Those who are found working illegally in England and Wales could face up to six months in jail. The police would be able to seize wages as ‘proceeds of crime’.

Public sector jobs will require fluent English language or else will be barred by public authorities.

  • Businesses

The jail sentence for employers found guilty will be raised from 2 years to 5 years in addition to fines in place.

In addition, the UK will introduce an immigration skills charge for employers who preferentially employ skilled migrants from abroad. This visa levy on businesses was created to further enforce the British Labour Resident Market Test. This test ensures that any migrant hired in the UK is not taking the job of a UK resident by imposing the business to advertise the job position for 28 days in the UK on listed local websites before being able to offer the job to a non-EU migrant.

  • Families

All immigration appeals and judicial reviews are subject to deport first, appeal later measures with the right to private and family life appeals included. This means migrants can face removal from the UK despite an outstanding appeal to their case. This process is likely to be practically difficult and will separate families.

With banks, police, DVLA and landlords given the task and responsibility to check immigration status, families could easily find various aspects of their life surveilled. With many legally staying in the UK but unable to prove a ‘right to rent’, families also risk being mistakenly evicted.

  • Students

May in her speech at the Conservative Party Conference argued ‘Students, yes; over-stayers, no. universities must make this happen.’

Those students found working when a person ‘has no leave’ or when work or a specific type of work is not allowed will be liable to imprisonment and/or a fine as well as in many cases, immigration sanctions.

UK Immigration Bill 2015: Everything you need to know

The Immigration Bill 2015 being proposed by Government and presented to Parliament is now available to view.

It lays out the expansion of powers to a large number of immigration officials and makes it easier to remove people. It includes a crackdown on illegal immigration, removing protections of migrant workers and affects UK bank accounts, driving licences and rental accommodations.

There is a a second reading of the bill scheduled for the 13th of October where it will be debated in the House of Commons. Here are the main ways in which the bill may affect you:

Charges on Tier 2 Sponsorship
This would allow the Home Office to impose an immigration skills charge on sponsors of Tier 2 non-EEA nationals. This visa levy on businesses using foreign labour is being considered during the Migration Advisory Committee’s (MAC) review of Tier 2 visas. Until the MAC has fully advised government, the amount of the charge is not known, however it is believed a charge will be added in some form.

Language Requirements
Public sector workers will be required to speak, read and write fluent English or will be barred from public sector jobs. This includes migrant workers that have roles in local authorities, health and education. Details of how these skills will be tested are currently unknown, but a code of practice for employers will also be published.

Deport First Appeal Later
The ‘deport first, appeal later’ provision will be extended to all immigration appeals and judicial reviews. This means not only non-human rights cases, but human rights cases as well.

Bank Accounts
The bill forces banks to check current accounts against migrant databases. Banks will have to notify the Home Office if checks confirm the account holder no longer has permission to remain in the UK. This could lead to the freezing or closure of accounts. This is particularly worrying as many cannot produce satisfactory evidence of their right to remain in the UK which could lead to many being closed mistakenly.

Residency and Renting
The immigration bill introduces a criminal charge of imprisonment for up to five years and a fine for landlords letting out property to a migrant without a ‘right to rent’. This policy can sometimes encourage discrimination for those with foreign sounding names or appearance.

Driving Licences
Under the bill, it will be a criminal offence to ‘drive whilst an illegal immigrant’. This includes a criminal sentence of up to 51 weeks and/or a fine. When investigating illegal migration, police are able to seize driving licences. This means it is even more likely, as an ethnic minority, that you will be stopped by the police whilst driving.

Illegal Workers and Employment
Immigration officials can close down businesses, seize earnings and have right to enter and search properties and seize them too. The focus would be on small businesses such as the ability to close off-licences and takeaways. These small businesses and employers are often unable to keep abreast of changes to complex immigration rules and processes. If found to be employing illegal migrants, employers can receive a maximum criminal penalty which will be changed from two to five years. Illegal migrants could get a sentence of up to 51 weeks including a fine.

For the latest immigration, visa and migration news, follow @migreat on twitter.

This article was first published on Migreat South Asian Community in the UK.

UK Immigration Rule Changes – Hackney Migrant Centre Public Meeting

The Hackney Migrant Centre hosted a public meeting this week on the impact of the Immigration Act and other immigration policy changes such as cuts to legal aid and access to services. Speakers included Roopa Tanna, Immigration Solicitor at Islington Law Centre, Anita Hurrell, Policy Advisor at Coram Children’s Legal Centre and Chrisann Jarrett and Emmanuel Opoku from the Let Us Learn Campaign and Just for Kids Law.

Here are the top 3 immigration effects discussed in the public meeting that may have an impact on you:

  • Your immigration status is key to unlocking access to services

Temporary visa status affects your rights and entitlements to benefits in the UK.  Your limited status can be challenge. This is particularly resonant with changes in healthcare. You could be denied leave to remain if in debt with the NHS. Under the new health surcharge, you could pay over £6000 if on a 10 year route to settlement with dependents.

Immigration status will now impact certain aspects of your day to day life: with your passport being checked more often.  For example, civil penalties could be given to employers if they do not carry out relevant checks. In addition landlords have begun checks of legal status in a pilot scheme being launched in the Midlands and the DVLA can check your immigration status and can turn you in if overstayed and revoke your license.

  • Your route to settlement may now be even longer

If you are already in the UK and applying for Leave to Remain, you may find you have a longer route to settlement since the July 2012 overhaul . For example if you are a student and get married to British citizen it used to be 2 year route to settlement but now it is 5 years. If you are an overstayer married to a British citizen it used to be 6 year route to settlement but now it is 10 years.

In addition, a proposal to fix a minimum annual salary for migrants having stayed 6 years in the UK could make it difficult for you to stay. The proposal of a new immigration policy for 2016 states that migrants from outside the EU will have to earn £35,000 to settle in the UK after residing more than six years in the country. Under the rule, if you do not comply, you will be asked to leave the country.

  • New immigration law may seem like it may be targeting ‘others’ but ends up targeting our communities

Changes in the immigration process (no funding of legal aid anymore, the number of changes to Home Office policy and in statutory services) in the last two years has meant a demand has risen for immigration services and support. The government do explain that migrants can enforce their right to stay but in many cases, especially amongst families, fees for citizenship is something that not all can afford.

With regards to healthcare, whilst any migrant can access primary care and access to a GP, there are secondary health care charges (when needing hospital care) for any migrant with Limited Leave to Remain in the UK, or no immigration permission. Unless you fall under a certain exemption you will be charged but often can’t prove your position to be in the UK and there is a fear that debt to the NHS amongst many migrants in the community could affect their status.

In Higher Education too, if you have Limited Leave to Remain or are a dependent under Right to Family Life, as Chrisann Jarrett and Emmanuel Opoku are, you will get classed as an international student and have to pay international fees, losing access to being classed as a home student and gaining access to a student loan. Chrisann came to UK when she was 8. As she said “as an 8 year old, you don’t ask your parents ‘am I British?!’”. Many of those who want to join her Let us Learn Campaign to raise awareness and campaign for access to education are scared to speak out because they fear it will affect their status.

Nurse putting a headband

Hackney Migrant Centre are hoping to launch a new campaign about the immigration changes affecting migrants. If you are interested in getting involved or learning more, contact them at info@hackneymigrantcentre.org.uk

What you can and cannot do with a Tier 2 UK Work Visa

Here is a quick summary of what you can and can’t do under a Tier 2 visa to make sure you are not breaching any of the laws applying to you as a Tier 2 visa holder.

The Tier 2 UK work visa will allow you:

  • to work for a UK company in the job described on the certificate of sponsorship issued by your employer;
  • to work in another job either in the same sector and at same level; or in the job in shortage list for a maximum of 20 hours a week along your main current job;
  • to work as a volunteer;
  • to study as long as it does not interfere with your job;
  • to bring family members in the UK on your visa as partners or dependents.

However, there are strict restrictions under this UK work visa that you need to consider before applying. You will not be able to

  • own more than 10% shares of the company that is sponsoring you (unless you earn more than £155,300 a year); if you own more than 10% and earn less than £155,300 a year, you might consider the tier 1 category visas (investor, entrepreneur, graduate entrepreneur)
  • access public funds or benefits that are given to people on a low income, as well as housing support usually. This means you will have to be able to sustain yourself in the country without any government scheme or help. For example, the following popular benefits will not be available to you:
    • income-based jobseeker’s allowance;
    • housing benefit
    • council tax benefit

Know that years spend in the UK under the tier 2 general visa category are counted as years making you eligible to apply to ILR Indefinite Leave to Remain unlike visas under the tier 4 and 5 category.

However, a new regulation coming next April 2016 will make it compulsory to be paid an annual salary of £35K to apply to ILR under the tier 2 category.

If you have any general UK work visa questions, Migreat experts are online ready to help the best way possible.

Do I really need to hire a solicitor for my UK Visa?

When it comes to applying for a visa, there is much information to collect, paperwork to get done and questions to be answered. You may feel confused by all of the application forms and official guidelines.

Rightly so: applications are personal, differ from one case to another, and the information available is frequently not up to date and too general. This is why, in some case, it might be a good idea to enlist the services of an immigration expert to assist you in applying for a visa.

s300_visa_application_960x640

Here are the 5 reasons why Migreat would advise you to call and pay for an immigration solicitor.

  1. Save time

If your case is fairly straightforward, you will probably be able to manage things on your own. However, in most cases, people hire the services of an immigration lawyer because it saves a lot of time. On average, It will take you two to four weeks to pull together your first visa application with the correct (original) documents if it is not your only job.

A solicitor can help you reduce this time to about a week – and even faster if you have all documentation at hand.

  1. Avoid clerical errors

By hiring an immigration lawyer, you are significantly lowering the risks of having your application refused due to a mistake on a form.

Regulated immigration solicitors know the paperwork, appeal processes and where to find the most up to date rules. What’s more, an experienced immigration solicitor will be familiar with the usual mistakes and pay greater attention to details that they know are important to case-workers reviewing applications. They will be able to avoid common ‘schoolboy’ errors and even decrease back and forth by asking for more documents that help support your application while at the same time double checking the latest rules and updates from fellow experts.

  1. Support with communications to UKVI and speeding the process

You might be asked for more documents and evidence from the UKVI. Often, these requests needs to be answered in seven days. Or you might be visited by the UKVI at your office for more information and a general formal interview if you are an employer. In these cases, immigration solicitors are your most useful resource.

An immigration expert will be able to draft your communication letters to the UKVI, or even speak on your behalf. If you are applying for an entrepreneur visa or a sponsorship licence, an immigration solicitor will prepare you for the interview with the UKVI. Finally, if the process takes longer than expected, a good immigration solicitor will be able to expedite your application and facilitate the process if she/he has reasonable grounds to think the process is being delayed.

  1. They have a feel for what is best for you NOW.

Immigration rules are officially changed twice per year in the UK – Once in April and once in October. However, sometimes minor changes happen in between due to abuse or imminent security risks. Changes like these are never easy to handle concretely, and sometimes the new rule leave room for confusion and do not address all particular cases in a straightforward fashion.

Immigration solicitors are expert at interpreting these changes and digging for more information. Better yet, experienced solicitors have a network to rely on to gather more informal information and a gut feel that will help navigate the new rules and advise you on what it means for your application.

  1. An investment for the future

Hiring a solicitor is a worthy investment if you are serious about moving to the UK on a long term basis. Once you have worked with an immigration solicitor, you can rely on them to be there for you in the future. Either for the renewal of your visa or for the immigration of your family members, you have someone you trust that you can call. Moreover, by working with you on your first application, they have enough information to help you better and at a faster pace next time.

The benefits for you are mutual: you now know prices and how the solicitor can assist you best. They know your immigration history from the start and will be able to keep you informed about changes within your category that affect your rights, daily life or future in the UK.

British Passport in the pocket

These are the five main reasons you might want to consider hiring an immigration solicitor in the UK. It has been said that a good lawyer can be worth his or her weight in gold and a poor one will add to your problems. So choose wisely and pick someone you trust to handle your case or ask Migreat for help choosing an immigration expert that fits your needs, budget and situation – this is what Migreat does best.