from ABIL Immigration Insider

All applicants for UK settlement visas in India now must undertake pre-entry tuberculosis (TB) screening. Applicants must obtain a certificate from an approved clinic demonstrating that they are free of TB before submitting an application. The certificate is valid for 6 months and the UK Border Agency has set up a network of approved clinicians in India for this purpose.

This requirement will be extended to other categories of migrants, including work visa applicants in Tiers 1, 2, and 5 of the Points-Based System starting on September 10, 2012, and student visa applicants (Tier 4) starting on November 1, 2012. An appointment can be obtained within a few days, but applicants should allow up to 10 days in busy periods. Results may be obtained the same day.

Children ages 11 and over must be tested. Younger children should also attend the clinic in case the clinician assesses the need to test them also.

Those travelling to the UK for 6 months or less, including business visitors, are not subject to this requirement.

from ABIL Immigration Insider

Some clients have reported receiving scam emails and telephone calls from people posing as United Kingdom Border Agency (UKBA) staff members. The UKBA is aware of these scams and also fake websites claiming to be operated by the government.

Scams reported include:

• Foreign criminals advertising fake UK jobs on the Internet. Individuals who apply are then directed to a link to pay for visa fees;
• Students at UK universities receiving calls from individuals who claim they work for the UKBA. The caller claims there is a problem with the student's visa application and instructs the student to make a payment immediately to prevent action being taken, including deportation;
• A request for payment of a deposit as proof that a migrant has sufficient funds to support their arrival in the UK until their first salary is received.

These criminals even have personal information relating to the migrant, such as their passport number or visa reference number, and may appear to be genuine. Migrants should also be aware that sometimes the email appears to be received from a UKBA source and the correct address will appear on the screen; i.e., name.surname@ukborderagency.gsi.gov.uk or name.surname@homeoffice.gsi.gov.uk, but when you click on the address, a different email address will be selected. Migrants should be vigilant, particularly when a request for payment is made.

The UKBA has reported the scams to Action Fraud, the UK’s national fraud reporting center. The agency advises that if anyone believes they have received a suspicious call or email or accessed a suspicious website, they should not give out any personal information, confirm that any personal information they have is correct, or make any payment, and should report the matter online to Action Fraud or by calling Action Fraud at 0300-123-2040.

from ABIL Immigration Insider

The UKBA no longer notifies a sponsor when certain requests to change sponsor details via the Sponsor Management System (SMS) have been granted. Sponsors can use the “view recent and outstanding requests” or “view user list” functions in the SMS to track the progress and the outcome of some requests.

If the request is refused or rejected, the UKBA will provide the reasons for the refusal or rejection by e-mailing a letter to the Authorising Officer (this will be sent from a “no-reply” e-mail address). If the change of circumstances request has been filed using a Change of Circumstances Form, the UKBA will continue to notify the filer of the outcome by letter.

from ABIL Immigration Insider

It is no longer possible to submit British nationality applications to the British High Commission or British Consulate in the home country of the applicant. Instead, with the exception of Hong Kong, all applications must be submitted to the UKBA in the UK. Where possible, original documents should be submitted, including passports. However, it has long been the practice to submit certified or notarized copies of passports with these applications. The UKBA has confirmed that certified copies will continue to be acceptable, particularly in the case of applicants whose countries' rules forbid sending passports across borders. If a copy is submitted, the applicant may be asked to present the original passport to embassy staff in the applicant's home country.

from ABIL Immigration Insider

Sponsors who obtained their Sponsor Licence immediately following the introduction of the Points-Based System in November 2008 will receive notifications from the UK Border Agency (UKBA) regarding the renewal process. The e-mails will come from no-reply@homeoffice.gsi.gov.uk and will be addressed to the Level 1 user. Occasionally these e-mails inadvertently end up in the spam folder, so this should be checked regularly.

A further notification will be sent to sponsors three months before the expiration date when the renewal function will be activated on the Sponsor Management System (SMS). No documentation must be submitted with the application, but sponsors should be prepared to submit any documents subsequently requested by the UKBA within seven days. The UKBA may undertake a compliance visit.

The Sponsor summary details on the SMS should be up-to-date before a renewal application is submitted. Sponsors must notify the UKBA of any change to the Authorising Officer or Level 1 user before submitting the license renewal application. The fees for the application are £500 for small or charitable companies and £1500 for medium and large companies.

It is strongly recommended that sponsors submit their renewal applications well before the expiration date. Provided the application and payment are received before the expiration date, sponsors may continue to sponsor migrants while the application is being processed. If the deadline is missed, however, sponsors will no longer be able to sponsor migrants and their existing leave (permission to enter or remain) will be curtailed.

from ABIL Immigration Insider

On July 9, 2012, UKBA announced a targeted interview system for students that would concentrate on high-risk applicants. On arrival to the UK, students will be asked about their immigration and education history, study and post-study plans, and financial circumstances. The UKBA expects to interview up to 14,000 students in the next 12 months. This announcement follows an interviewing pilot carried out by the UKBA last year to tackle concerns about the legitimacy of some applicants. Under the pilot, about a fifth of the applicants were refused entry to the UK based on their interviews. One of the main concerns was the inability of applicants to display the required level of English.

The Tier 4 Sponsor License Guidance notes:

From 30 July, a Tier 4 student applying from outside the UK may be asked to undertake an interview, either in person, or on the telephone. If as a result of this interview the UK Border Agency is not satisfied that the applicant is a genuine student, or the applicant cannot speak English to the required standard (judged as set out at paragraph 245 ZV(ca) of the Immigration Rules), or the application is shown to fall for refusal under the General Grounds for Refusal, the application will be refused.

from ABIL Immigration Insider

EU children must now hold a passport of their own when traveling into or within the EU and can no longer travel with their names listed on a parent's or guardian's passport. This requirement is based on EU passport regulations passed in 2009 that provided for a three-year transitional period within which Member States should implement the new requirement. This transitional period ended on June 25, 2012. The approach to the expiration of the transition may differ with each Member State, and some have confirmed they will observe the provisions of the regulation and implement border controls now that the transition period has expired. Carriers may deny boarding if children do not have their own passport.

from ABIL Global Immigration Update

New Immigration Rules for Family Migration and Other Applications

A Statement of Changes to the Immigration Rules was issued on June 13, 2012, which covers a wide range of visa applications, including those to join or remain with family members in the United Kingdom (UK) who are British citizens or settled persons. The new rules are effective on July 9, 2012. The rules will also: (1) make changes to applications under a human rights treaty to incorporate them within the Immigration Rules; (2) include a provision for those who have overstayed in the UK; and (3) add South Korea as a participant in the Tier 5 Youth Mobility Scheme, with 500 places pro-rated for the rest of this year.

Below is a summary of the main changes to the immigration rules:

Financial Requirement

The government has decided to introduce a minimum gross annual income threshold suggested by the Migration Advisory Committee (MAC) of £18,600, which a British citizen or settled person must be able to demonstrate to sponsor the settlement in the UK of a non-European Economic Area spouse or partner, or prospective spouse of partner. If the couple has a child, the minimum income threshold will be £22,400 and £2,400 for each further child. There will be an exemption for sponsors receiving certain disability allowances.

Income may be from a variety of sources, including employment or self-employment, interest from savings, and others, and may also include cash savings of the sponsor or applicant above £16,000 that has been held for at least six months in a regulated financial institution.

Transitional Arrangements

All applications submitted before July 9, 2012, will be decided under the existing rules. For these applicants, the existing rules will apply for each subsequent application, up to and including an application for indefinite leave to remain.

Introduction of New English Language Test in October 2013

Beginning in October 2013, all applicants for settlement (including Points-Based System migrants) must take both the "life in the UK" test and an English language test at level B1 or above, unless they are exempt.

Settlement

The probationary period will increase from two years to five years before a migrant may apply for settlement as the spouse/partner of a British citizen or settled person or as a dependent of a Points-Based System Migrant. The ability to obtain indefinite leave to enter based on four years' marriage or cohabitation with a British citizen will be abolished.

Furthermore, the ability to apply to settle in the UK after 14 years of residence will be abolished. Instead, applicants must have resided in the UK for 20 years or be able to demonstrate they have no ties to their country of origin before they can apply to begin a 10-year route to settlement in the UK.

Over Age Dependent Relatives

It will no longer be possible to switch into this category in the UK. All applicants outside the UK will be limited to close family members; i.e., children over 18, parents, grandparents, sons, daughters, brothers, and sisters. Parents and grandparents over 65 must demonstrate that as a result of age, illness, or disability, they require a level of long-term personal care that can only be provided in the UK by their relative and without recourse to public funds.

The Statement of Intent: Family Migration (summarizes the new rules)

New SOC Codes and Rules for Tiers 2 and 5 of the Points Based System from 14 June

New Standard Occupational Classification (SOC) codes at National Qualifications Framework (NQF) 6+ are now applicable for all tier 2 visa applications, with the exception of shortage occupation roles and some roles in the creative sector, where the SOC codes at NQF 4+ still apply. It is important to check whether the SOC codes you currently use are still listed in the new codes (see link below). The Immigration Rules and UK Border Agency guidance have been amended to reflect this change.

The MAC is reviewing the SOC codes and will consider evidence from employers on suitability. Evidence must be submitted to the MAC by July 27, 2012.

Finally, changes to the resident labor market test means that a Job Centre plus advertisement is no longer necessary for PhD-level roles and also for those earning between £70,000 and £150,000.

Occupation Codes of Practice for Tier 2 Sponsors