Recommendations to extend the Shortage Occupation List

The Migration Advisory Committee (MAC) has recommended that the following professions be added to the shortage occupation list:

·         Teachers in special schools

·         Skilled meat boners and trimmers

·         Specialised jobs in electricity transmission and distribution

·         Aircraft technicians and fitters

·         Some medical specialists including higher level paediatric trainees

The MAC provides that these shortages can be filled by way of migration. If their proposal is accepted by the UK Border Agency, then the above professions will be added to the list meaning that UK Based employers will be able to employ migrant without having to satisfy the labour market test.

29 October 2009

Joint pet relied upon as evidence to establish ‘family life’ in UK courts

In an unusual case, the Asylum and Immigration Tribunal have been asked to consider the joint pet of a couple when weighing up their ‘family life’ in the UK. A cohabiting couple relied upon the fact that they bought a cat together as evidence to establish that they had a genuine and subsisting relationship. The couple sought to demonstrate that they had established a ‘family life’ in accordance with the European Convention on Human Rights. The Tribunal held that ultimately, returning the partner to Bolivia (his country of origin) would be in breach of his article 8 Human Rights

25/10/09

Latest changes affecting further submissions-Postal applications no longer accepted

As of 14^th October 2009, the UK Border Agency has issued a guidance detailing new arrangements for making further submissions. The changes will affect people who for example, are failed asylum seekers or whose cases are being considered by the CRD (Case Resolution Directorate) and who fall into the legacy cases.

Applicants who claimed asylum before 5^th March 2007 and who are seeking to make a fresh asylum claim and/or human rights application, will be expected to make an appointment with the Liverpool further submissions unit where they can lodge their further submissions/evidence. Applicants who claimed asylum after this date will be required to lodge further submissions at their relevant regional reporting centre. Postal applications will no longer, according to these guidelines, be accepted unless the applicant has, due to a severe disability or illness, the inability to travel.

Ergen & Sharif are of the opinion that there are serious flaws in the changes introduced in the new guidance and that some applicants may be deterred from lodging further submissions in the future.

Further updates on this topic is coming soon.

15^th October 2009

It has recently been reported that the Home Office may be granting indefinite leave to remain for some 40,000 asylum seekers in the UK who would not ordinarily be eligible for settlement. The 40,000 asylum seekers are said to be among the 450,000 legacy cases which were originally expected to be cleared by 2011 although this remains doubtful.

Home Office Ministers having realised the difficulties in returning some applicants from poorer countries such as China, Iran, Somalia and Zimbabwe where there are serious human rights abuses, have decided to ‘secretly’ relax the rules in order to allow these asylum seekers leave to remain in the UK.                

Minister of State for Border and Immigration Phil Woolas has confirmed that ‘There is no amnesty’. He stated that the guidance was issued in a bid to aid case workers and to avoid drawn out court battles. He maintained that law breakers would not be granted leave to remain in the UK and that each case would be considered on its individual merits.   For  the government response please click here.

The Home Office confirmed that changes to the Immigration Rules (specifically rule 395C) were made in August of this year.

Summary of some of the main changes include the following:

Guidance notes amendments:

Tier 1 General

·         Conditions restricting Tier 1 migrants from taking Doctor in training employment has been amended

·         The provision requiring migrants in full time education to claim points for earnings outside of the 15 month period immediately before their application has been removed  

Tier 1 Investor

·         Changes in line with above in respect of Doctor in Training employment

Tier 1 Entrepreneur

·         The requirement for English language requirement for in country applicants switching from business person category has been removed

Tier 1 Post Study Work

·         In accordance with Immigration Rules, applicants need to show that they had valid leave permitting them to follow a course of study/research  in order to obtain points for ‘immigration status’

·         PGDEs acknowledged to be eligible to claimpoints

Tier 2

·         The guidance has been rewritten with new provisions

·         Notable change is that the requirement for a maximum of 10% limit on share ownership no longer applies

·         Representatives of overseas businesses has been included as a possible immigration channel to switch into Tier 2

Tier 5 Temporary Worker

·         Further guidance issued to applicants who have been granted leave for short time and who travel outside the common travel area

Tier 5 Youth Mobility Scheme

·         Types of funds which can be used as maintenance is clarified

Changes to Forms: New versions for use as of 1^st October 2009

Tier 1: General, Investor, Entrepreneur, Post Study Work:

Previous versions 04/09                   

New versions10/09

Tier 2: (previous versions consolidated into single Tier 2 form)

Previous version 04/09

New version 10/09

Tier 5:

Previous version 04/09

New version 10/09

Important note:

 

Opening of a Gurkha Settlement Office in Nepal

The British Embassy in Kathmandu have opened up a Gurkha settlement office in Nepal in a bid to provide ex British Gurkha  servicemen seeking to move to the UK with information as to how they and their families can settle here. The aim is to provide ex-Gurkhas’ with the essential information and support they need about moving to and life in the UK which is intended to help them decide  ultimately, as to whether or not they want to make that move.  The office will also provide free advice as to the visa application process to ease.

Nepali soldiers who fought with the British Army in the Gurkha Brigades were only able to be considered for settlement in the UK if they had retired after July 1997 at which point the Gurkha base was transferred to Britain from Hong Kong. However, the Government announced in May of this year that they would consider the applications of soldiers who had retired prior to July 1997 following major campaigns and support from the public in the UK.

6^th October 2009