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| Tier 1 _ Update |
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Overseas Tier 1 General to close
The UK border agency has announced that as of 23rd December 2010, it will no longer accept Tier 1 General applications from overseas. This is in order to make sure that the limits set by the Government are not exceeded. Tier 1 general applications in the UK will continue to remain open until 5th April 2011. Transitional arrangements will be announced for those remaining in the UK beyond 6th April however, these are yet to be announced.
22nd December 2010
High Court Ruling declares immigration cap on tier 1 and tier 2 as invalid
On 17th December 2010, the Home Office lost a judicial review on the interim limits imposed on the Tier 1 and Tier 2 categories of the points based system. The judges in the case stated that the Home Secretary, Teresa May had effectively, tried to “side step Parliamentary scrutiny” by imposing the interim limits.
The Government imposed the interim limits in June-July of this year on Tier 1 applications from overseas and the amount of sponsorship certificates allocated under Tier 2. The action was brought against the Home Office by the Joint Council for the Welfare of Immigrants (JCWI) and the English Community Care Association.
Immigration Minister Damian Green stated that he was disappointed with the decision and that they would appeal if there were any grounds. He continued to state that the judgment would not impact on the permanent limit to be imposed as of April 2011. He stated that the ruling was about “process not policy”. The policy does not therefore remain unlawful. Green further stated that the ruling was based on “technicality” and that they would work to resolve this and to implement an interim limit accordingly.
Tier 1 and Tier 5 update- biometrics system
The UK border agency announced that as of 14th December 2010, those migrants applying under Tier 1 or Tier 5 (temporary workers) of the points based system will be required to give biometric information (consisting of photographs and fingerprints) when submitting their applications. The purpose of providing biometrics is to establish the genuine identity of the applicant and many categories of visas require biometric information to be provided. Successful applicants will be issued with biometric residence permits which will confirm their right of stay and conditions in the UK.
Applicants who make their application by post will receive letters requiring them to arrange biometric appointments. Only after biometric information is provided will applicants receive their permits (provided all other requirements are met).Applicants making their applications via the premium services or same day services at the public enquiry office will provide their biometric information on the same day.
14th December 2010
Tier 1 (general) applications from overseas: December limit reached
The limits imposed by the UK government on 19th July 2010 on Tier based applications are administered by the UK Border Agency on a monthly basis. Tier 1 applications received from overseas applicants for the month of December have reached this monthly limit meaning, any new applications will only be considered for the following month. The limit allocation reopens in January when Tier 1 applications will be considered. The limit does not affect applications from dependants, those switching into Tier 1 from inside the UK or those extending their Tier 1 visas.
7TH December 2010
Tier 1 General category to be reduced as of April 2011
The Home Secretary Teresa May announced the Government plan today to substantially reduce the number of migrants allowed on a Tier 1 General visa. As of next year April, migrants will be able to enter in the investor and entrepreneur categories of Tier 1 (known as the highly skilled worker category). A small number of places have also been reserved for those of exceptional talent (such as scientists, artists etc). The number of migrants allowed under Tier 1 will be reduced to 1,000 (from 13,000).
The new limits on migrants from outside the EU have been the centre of discussions in week’s long Government consultations with businesses and Migration Advisor Committee. The aim is to reduce net migration to the levels in the 1990’s. Interim measures are in place to avoid a ‘surge’ of applications before the new rules set in as of April 2011.
23rd November 2010
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Further to our previous update when the UK Border Agency publicly introduced a set limit on the number of initial Tier 1 (General) applications under the points-based system, this limit is in place until 31 March 2011 and does not apply to dependents applications or those who wish to extend an existing visa under Tier 1.
Essentially this means that the UK Border Agency will be administrating the limit on a monthly basis and claim that to avoid exceeding the visa allocation of the 600 limit for the month of November 2010, no further visas will be issued under the Tier 1 (General) applications. An applicant can still submit their application for this category of the points-based system during the closure period however, if an applicant is in a position where they qualify against the rules, unfortunately they will not receive their visa until the UK Border Agency begins issuing visas again, that is on 1st December 2010.
Furthermore, applicants’ who currently have an outstanding Tier 1 application with the UK Border Agency and have a successful application must expect delays in the issuing of visas.
The UK Border Agency hopes to process applications as soon as possible once the start of issuing visas commences in the beginning of the next month. Consequently, UK Border Agency are asking applicants to avoid contacting them as this will more likely cause further delays.
For applicants who wish to extend a permission to remain in the UK under the Tier 1 (General) category or those who wish to switch into this category from another immigration category, please note that the limit will not affect you. And thus, if in such a situation if your application is successful, leave to remain will be issued as normal.
As previously announced on 19 July 2010, the UK government introduced a cap on the number of visas which may be issued to overseas applicants under Tier 1 (General) until 31 March 2011. Please note that this cap does not affect applications of dependants, switching into the Tier 1 (General) from a different immigration category or applications for those wishing to extent their existing Tier 1 (General) visa.
It has been stated today that the UK Border Agency oversees the limit on a monthly basis and it has announced that as part of its plan to avoid breaching the visa allocation for the month of October 2010 no visas will be issued to successful Tier 1 (General) applications that were made from overseas, this will be until the limit allocations is reopened on Monday 1 November 2010.
For applications made from outside the UK:
This essentially means that if you are an applicant applying under Tier 1 (General) and you are doing so from overseas, you are still able to submit your application during the closed period, however please note that should your application be successful, your visa will not be issued until the limit is re-opened in November.
Those of you who presently have an outstanding Tier 1 (General) applications please note that there may be a short delay in the issuing of your visa should your application be successful.
For applications made from inside the UK:
Should you be someone who wishes to extend your permission to remain in the UK under the Tier 1 (General) or should you wish to switch into the Tier 1 (General) category from another immigration category, it is stated that this limit will not affect you. Thus, if your application is decided as successful, your leave to remain will be issued as normal.
New rules for Tier 1 and Tier 2 of the Points based System
The Government will be implementing new rules as of 6th of April for the Tier 1 and Tier 2 categories of the points based system. These rules were suggested by the Migration Advisory Committee and are intended to provide a simpler route without the need for a Master’s qualification for highly skilled Migrants.
Changes to the Tier 2 (Skilled workers with a job offer) include greater flexibility for short term transfers by multinational Companies and more protection against filling such vacancies that should go to resident workers.
20th March 2010
Important Changes to the Tier 1 General category in 2010 and 2011
The UK Border Agency has asked the Migration Advisory Committee (MAC) to review Tier 1 general route for highly skilled migrants’ requirements and to suggest whether any changes should be made in 2010 and 2011. The MAC stated that Tier 1 operated very well generally but proposed the following changes:
Migrants who hold a bachelors degree but not a Masters degree should be allowed to come to the UK under the Tier 1 general category provided their previous earnings were high enough
Professional qualifications should be considered as equivalent to a Master’s degree
Pay thresholds should be increased with no points being awarded to those who earned less than £24,000 in the previous annual year
Migrants with previous annual earnings of at least £150,000 should not have to meet the educational requirements
Applicants should receive points if they are aged 39 and under
Successful applicants should be allowed to come to the UK for a period of 2 years rather then 3 years. They should then be able to extend their leave if they satisfy the requirements, for a period of 3 years.
The Government will consider the recommendations and announce whether or not they accept them early in the next year.
5th December 2009
Reduced Fees for Tier Applications
Applicants from the following countries will benefit from paying reduced rates for the Tier 1 visa category:
· Croatia
· Former Yugoslav Republic of Macedonia
· Turkey
These countries have ratified the 1961 Council of Europe Social Charter. Postal applications for the Tier 1 general migrant category are £750 whilst premium applications are £920.
There are also reduced fees for Tier 4 applicants and applicants who hold valid HSMP approval letters and who benefit from transitional arrangements. Applicants of countries who have ratified the 1961 Council of Europe Social Charter and 1996 European Social Charter (revised) are exempt from paying the fee where the transitional arrangement is applicable. Therefore individuals from the following countries may be exempt from the charge:
· Albania
· Andorra
· Armenia
· Azerbaijan
· Croatia-
· Georgia
· Former Yugoslav Republic of Macedonia
· Moldova-
· Turkey
· Ukraine
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