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UNITED KINGDOM: Important Update from the UK Border Agency: Clarification on Proposed Changes to the Tier 2 Cooling-Off Period

2/1/2013

from ABIL Global Immigration Update

Following the proposed Statement of Changes to the Immigration Rules in November, the UKBA has clarified the changes to the Tier 2 cooling-off period mentioned above.

The 12-month period during which a Tier 2 migrant must remain outside the UK can begin on the date the migrant actually leaves the United Kingdom, rather than on the expiration date of the visa or the date the UKBA cancels the visa. The UKBA has clarified that the following evidence is acceptable:

Travel tickets or boarding card stubs, coupled with a Sponsor Management System report from the sponsoring employer, confirming that the Tier 2 migrant's employment in the UK has ended;
Exit or entry stamps in the migrant's passport that confirm that they were no longer in the UK; or
A letter from the migrant's overseas employer confirming the date he or she started work overseas after returning from the UK.

When someone switches into another category, his or her leave in the new category should supersede his or her previous leave. In such a case, the cooling-off period would start from the date of switching.

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UNITED KINGDOM: Changes to the Requirements for Biometrics Residence Permits

12/1/2012

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from ABIL Global Immigration Update

Following the roll-out of Biometric Residence Permits (BRP) to all in-country visa applicants starting on February 29, 2012, it became apparent that some visa applicants who had already submitted an application before that date had not fulfilled this new requirement.

As of December 1, 2012, all applicants who have an outstanding application that pre-dates February 29, 2012, will now need to supply the UKBA with their biometric data. The UKBA is sending all affected applicants details of how to apply for a BRP. This is to ensure that as of December 1, the UKBA is only issuing this immigration status document in the new format.

BRPs are replacing older forms of documentation and the new format is helping employers and other bodies to check the immigration status and entitlements of foreign migrants.

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UNITED KINGDOM: Youth Mobility Scheme 2013 for Japanese and Other Nationals

11/26/2012

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from ABIL Global Immigration Update

On November 26, 2012, the UKBA announced that the Youth Mobility Scheme (YMS) for Japanese nationals would be open for applicants in January. Successful applicants will be able to live, work, and study in the UK for up to two years.

Only 1,000 places will be available for students from Japan in 2013.Other countries that recently joined the YMS are the Republic of Korea and Taiwan. Under the proposed Statement of Changes to the Immigration Rules announced on November 22, 2012, the annual allocations of places are being renewed for 2013. There is an increase in the allocations for Australia (from 32,500 to 35,000 places) and Canada (from 5,000 to 5,500 places), and the Republic of Korea will receive 1,000 places.

The countries and territories participating in the scheme, and the number of places or certificates of sponsorship allocated to them for 2013, are:

Australia - 35,000 places
Canada - 5,500 places
Japan - 1,000 places
Monaco - 1,000 places
New Zealand - 10,000 places
Republic of Korea - 1,000 places (certificates of sponsorship)
Taiwan - 1,000 places (certificates of sponsorship)

MORE INFORMATION ON THE YMS

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UNITED KINGDOM: New Statement of Changes to the Immigration Rules

11/22/2012

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from ABIL Global Immigration Update

On November 22, 2012, the United Kingdom Border Agency (UKBA) set forth new Immigration Rules before Parliament, the majority of which took effect on December 13, 2012. Some of the changes relax current rules, while others respond to abuse.

The changes cover applications under the points-based system in Tiers 1, 2, 4, and 5, as well as family and private life applications. The main changes to Tier 1 and 2 are summarized below:

Tier 1

For Tier 1 (Entrepreneur) there will be a lowering of the English-language requirement from level C1 (advanced) to level B1 (intermediate), in line with other points-based system categories to avoid deterring potentially successful entrepreneurs.
Students under Tier 4 will no longer be able to switch to the entrepreneur route unless they have funding of at least £50,000 from a specified source, such as registered venture capitalist firms, UK Government Departments, or listed seed funding competitions.
A Tier 1 (Investor) migrant's visa will be canceled if the visa-holder does not maintain the required level of investment for the duration of his or her stay in this category.
The rules will expressly state that loans cannot be secured on the investments relied on to obtain a Tier 1 (Investor) visa and the investments cannot be held in offshore custody.

Tier 2

All Tier 2 intra-company transfer (ICT) migrants were subject to a maximum stay in the UK of five years if they entered the UK in this category after April 5, 2011. Under the rule changes, senior staff members earning at least £150,000 will be permitted to remain in the UK for up to nine years.
Where a migrant leaves the UK on or before the expiration of his or her visa, a "cooling-off" period applies to prevent the migrant from returning to the UK in this category for 12 months (more about this below). Some flexibility is being introduced in how the cooling-off period is determined so that it can start on the first date the migrant can prove he or she has left the UK, should he or she wish to return to the UK in this category 12 months later. This way, the migrant does not have to wait until the date of expiration or curtailment of the visa by the UKBA.
For all migrants in Tier 2 and other work routes who are eligible to apply to settle in the UK, permitted absences have increased to 180 days per year over the five years required to qualify.
Migrants in Tiers 2 and 5 may undertake supplemental employment in a shortage occupation, even if this is a different occupation from the one in which they are being sponsored to work.

For family and private life applications, there will be a relaxation of the rules in relation to the evidence required to meet financial requirements. Specifically, the list of documents to evidence employment in the UK has been scaled back where appropriate and more copies of documents will be acceptable when originals are not available.

STATEMENT OF POLICY FOR CHANGES TO THE POINTS-BASED SYSTEM

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UNITED KINGDOM: Warning About Fake UK Border Agency Websites and Calls

9/1/2012

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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.

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UNITED KINGDOM: Announced New Border Agency

4/1/2012

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from ABIL Global Immigration Update

The UK has announced the creation of a new agency, the UK Border Force, which is now responsible for border control and inspection procedures at UK ports of entry. The UK Home Secretary said that after it was revealed that thousands of people were allowed into the country without proper immigration checks, it was decided that the UK Border Agency (UKBA) would be split into two separate bodies. The Border Force will "become a separate operational command, with its own ethos of law enforcement, led by its own Director General, and accountable directly to ministers." UKBA will continue to manage immigration administrative functions such as processing work and residence permit applications.

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UNITED KINGDOM: Important Update from the UK Border Agency: Clarification on Proposed Changes to the Tier 2 Cooling-Off Period

UNITED KINGDOM: Changes to the Requirements for Biometrics Residence Permits

UNITED KINGDOM: Youth Mobility Scheme 2013 for Japanese and Other Nationals

UNITED KINGDOM: New Statement of Changes to the Immigration Rules

UNITED KINGDOM: Warning About Fake UK Border Agency Websites and Calls

UNITED KINGDOM: Announced New Border Agency

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