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| English | | | Afrikaans |
| info@breytenbachs.com | ||
| Fri, 30/7/2010 | ||
This rule will apply to persons applying to enter or remain in the UK as the husband, wife, civil partner, unmarried partner, same-sex partner, fiancé(e) or proposed civil partner of a UK citizen or a person settled in the UK. The tests will be compulsory for people applying from both inside and outside the UK.
Breytenbachs will be able to assist clients with arranging English tests at test centres in South Africa and the UK.
Breytenbachs will be able to assist clients with arranging English tests at test centres in South Africa and the UK. Please contact our offices for more information.
Please feel free to contact our offices for more information.
Please feel free to contact our offices for more information.
The UK Home Office has announced that compulsory English language tests will be introduced for non-European migrants applying to come the UK to join or marry their settled partner.
This new rule will reportedly be implemented from Autumn 2010 and will apply to persons applying to enter or remain in the UK as the husband, wife, civil partner, unmarried partner, same-sex partner, fiancé(e) or prospective civil partner of a UK citizen or a person settled in the UK.
If a person is not a national of a majority English-speaking country, he/she will need to pass an acceptable English language test at a basic level with one of the UK Border Agency's approved test providers.
The following countries are considered to be majority English speaking; Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago and The United States of America.
Breytenbachs will be able to assist clients with arranging English tests at test centres in South Africa and the UK.
With a newly formed coalition government in the UK, foreign nationals are preparing themselves for what seems to be an inevitable change in UK immigration policy.
Under the old government, we experienced the implementation of the “Points-based System” for Tiers 1, 2, 4 and 5. The new government has adopted this system so far, but we currently wait for further details as to where their policies will lead us in the future.
The government started their term in office by painting a bleak future for UK migrants, indicating that they will be capping the number of foreign nationals allowed to work in the UK. So far, they have yet to publish the exact figure of this cap, and everyone waits in anticipation.
Some of the more recent rules imposed were placed on foreign students under Tier 4 of the Points-based System. These tougher rules have made it increasingly difficult for students to study at an educational institution below a UK Bachelors degree, with further restrictions placed on the number of hours they are permitted to work.
From Autumn 2010, the Home Office announced new rules which will apply to anyone applying as the husband, wife, civil partner, unmarried partner, same-sex partner, fiancé(e) or prospective civil partner of a UK citizen or a person settled in the UK. Migrants applying in any of these categories will need to pass an English language test which must be recognised by the Home Office, as part of the evidence required for their visa application.
Even though the future of UK immigration looks a little worrying, with tougher rules being constantly implemented, one must be reminded that the UK needs foreign nationals. Immigrants pump billions of pounds into the UK economy every year, and in an increasingly multi-national world, it is vital to have the best and brightest people to legally work in the UK labour force.
Before applying for any visa, it is always well-advised that foreign nationals, who wish to seek entry or further leave to remain in the UK, should contact an immigration specialist in order to ensure all the requirements for the visa are met before submitting an application to the Home Office or British High Commission.
The BBC has reported that UK interest rates have been kept at 0.5% for the fifteenth month in a row. A decision was also made not to inject any more money into the UK economy in terms of the Bank's policy of quantitative easing.
Analysts reportedly do not expect a raise in interest rates until 2011.
The BBC has reported that according to the latest survey from Nationwide, UK house prices are still rising.
Prices increased by 0.5% in May 2010, which brings the price of an average UK house to £169,162 which is about £15,000 more than a year ago.
According to Nationwide prices might keep on rising modestly, due to the fact that few properties are being put up for sale. Nationwide further said that house prices have now gone up in 12 of the last 13 months.
Statistics from the UK Home Office shows that British citizenship were granted to 203,790 persons in 2009.
49% of grants were on the basis of residence, 26% on the basis of marriage and 23 per cent were minor children.
The table below shows the number and percentage of grants, based on previous nationalities of applicants.
| 2009 | ||
| Number of grants | % of total | |
| India | 26,535 | 13% |
| Pakistan | 20,945 | 10% |
| Bangladesh | 12,040 | 6% |
| Phillipines | 11,750 | 6% |
| South Africa | 8,365 | 4% |
| Somalia | 8,140 | 4% |
| Zimbabwe | 7,705 | 4% |
| Turkey | 7,205 | 4% |
| Nigeria | 6,955 | 3% |
| China | 6,335 | 3% |
| Other nationalities | 87,730 | 43% |
| All grants | 203,705 | 100% |
The UK Government has announced that it intends to scrap identity cards for British citizens. They also announced that they intend to destroy the National Identity Register, which is a database containing the biometric and biographic data of card holders.
The Home Secretary, Theresa May reportedly said that the bill is a first step of many of the new government to reduce the control of the state over decent, law-abiding citizens.
The proposed changes will however not affect the UK Border Agency's programme of biometric residence permits or ID-cards for foreign nationals, which will be continued to be issued to some categories of migrants.
The leader of the Conservative party in Britain, David Cameron has become the UK’s new Prime Minister, following the resignation of Gordon Brown.
Gordon Brown resigned on 11 May, following the UK’s general election on 6 May, in which no party won an overall majority. The Conservative Party, although winning the most seats and votes, were forced to form a coalition government with the Liberal Democrats.
The Conservative/Liberal Democrat Coalition Government has already published a first agreement on their immigration policy, which is as follows;
‘We have agreed that there should be an annual limit on the number of non-EU economic migrants admitted into the UK to live and work. We will consider jointly the mechanism for implementing the limit. We will end the detention of children for immigration purposes.”
Breytenbachs do not expect any immediate changes in immigration policy, but will keep clients updated via our newsletter.
Breytenbachs are pleased to announce that, in conjunction with English Management Direct (EMD), they are launching an English language testing service for South Africans coming to the UK under Tiers 1 and 2 of the Points Based System.
Unless they are coming to the UK on an inter-company transfer for three years or less, all South Africans under Tiers 1 and 2 are required to meet an English language requirement. In order to meet the English Language requirement, South African nationals are required to sit an English Language test, unless the applicant holds a Bachelor degree or higher level academic qualication which was taught in English. EMD are approved by the UK Border Agency to assess the tests. Our test centres in London, Cape Town, Pretoria and Rustenburg will be operational by the end of May.
Many South African clients have been frustrated by the lengthy delays in obtaining test dates and certificates from the current English language assessors in South Africa. Some have even had their job offers cancelled because of the delays.
It is anticipated that a turnaround time from start to finish of one week is achievable. This will ensure that our clients and the clients of EMD in South Africa will be able to take up their positions with their UK employers on time.
Should you be interested in the English language testing service please contact Hannes Breytenbach at hannes@breytenbachs.com
The BBC reported that the Bank of England has decided to keep UK interest rates on hold at the low level of 0.5%. The Bank also decided not to release any more money in the UK economy in terms of its policy of quantitative easing.
Interest rates have been at this record low level of 0.5% since March 2009 and analysts are reportedly not expecting any rate rises soon while the UK economy is recovering from the effect of the credit crunch.
The BBC reported that figures from Nationwide are showing that house prices in the UK had risen by 10.5% in the year to to the end of April 2010. This is the first time since June 207 that UK house price inflation has hit double figures.
This brings the cost of the average home at £167,802. Nationwide has however predicted that the surge in prices would tail of later in 2010, when sellers start to outnumber buyers.
The BBC reported that figures from the Council of Mortgage Lending (CML) show that mortgage lending jumped to £11.5billion in March 2010. This is a 24% increase from the previous month.
The CML said that activity in the UK property market was still relatively subdued, but with the gradually improving economy and low interest rates, they continue to expect a gentle improvement in market conditions later in 2010.
The BBC further reported that both the National Association of Estate Agents and the Royal Institution of Chartered Surveyors said that March had seen a big rise in the number of people putting up their homes up for sale.
The UK Border Agency has released a statement to assure travellers who have been unable to leave the UK and whose visas have expired, that they appreciate that this is due to exceptional circumstances beyond their control.
The Border Agency requested that such persons retain proof of their planned travel that would have enabled them to leave the UK before expiry of their visas. They further said that they will update this advice as the situation develops.
The BBC reported that the Bank of England has decided to keep UK interest rates on hold at the low level of 0.5%. The Bank also decided not to release any more money in the UK economy in terms of its policy of quantitative easing.
Interest rates have been at this record low level of 0.5% since March 2009 and analysts are reportedly not expecting any rate rises soon while the UK economy is recovering from the effect of the credit crunch.
The latest economic data is reportedly showing that the UK economy grew by 0.4% in the last quarter of 2009 and recent surveys are showing that this is continuing into 2010.
The UK Home Office have changed the Immigration rules relating to marriage visas for serving members of the UK armed forces with effect from 6 April 2010.
From today, the minimum age at which a person may be granted permission to come to or stay in the UK as the spouse, civil partner, fiancé, proposed civil partner, unmarried partner or same-sex partner of a serving member of HM Forces was reduced from 21 years to 18 years.
The UK Home Office said that the rule change was done in recognition of the partner's role in supporting those on the front line and reflects the unique circumstances in which the armed forces operate.
The changes applies only to serving members of the armed forces and their partners. The marriage visa age remains at 21 years old for all other persons.
The UK Prime Minister, Gordon Brown explained in a speech delivered in East London, how the government is transforming the way it deals with immigration through its controlled and fair points-based immigration system.
He said that under the points-based system unskilled migrants workers from outside the EU will not be allowed into the UK due to the reduced need for their services. He further said that the training of British nationals would progressively tackle the skills shortages that have led to posts being filled by migrants.
Minister Brown also announced that two professions that have attracted the most non-EU nationals to the UK - chefs and care workers - are to be removed from the shortage list by 2012 and 2014 respectively.
The UK Home Office announced that from 7 April 2010 new regulations will change the requirement for migrants to have a knowledge of language and life in the UK when they apply for naturalisation as a British citizen.
New regulations specify that all applicants who rely on qualifications in English for speakers of other languages (ESOL) must study at an accredited college. Furthermore, they will need to demonstrate that they have progressed at least one level in order to obtain their qualification.
The new requirements must be met if the settlement application is made on or after 7 April 2010.
The UK government has announced that it is considering introducing a visa requirement for visitors to the UK from Dominica and St Lucia.
This comes after a Visa Waiver Test was carried out on seven countries in the eastern Caribbean. This test determines the risk that countries' citizens potentially pose to the UK in terms of crime, security and illegal immigration, to help decide whether a visitor visa may be required.
The UK government will now work with these countries to ensure that their concerns are addressed, and if not a visa requirement will be introduced after the six-month mitigation period. The UK government said that already three-quarters of the world's population need to apply for a visa to visit the UK.
The UK Home Office has announced that the Migration Advisory Committee (MAC) has recommended that the pharmacists category on the UK shortage occupation list be expanded to include community pharmacists (those working for private employers other than the NHS). The MAC also recommended that those orchestral musician jobs that are not for leaders or principals of internationally recognised UK orchestras be removed from the list. No other recommendations were made.
The UK Home Office are advised by the Migration Advisory Committee (MAC), in which areas of the UK labour market shortages are experienced and a partial review of the shortage occupation list is carried out every six months by MAC. The UK Home Office then compiles a list of shortage occupations, based on the recommendations by MAC.
If a job is not on the shortage occupation list, a skilled worker can still be issued with a certificate of sponsorship for the job, but employers are then required to advertise the position. Where the employer can demonstrate, after advertising, that there is no suitably qualified resident or EU citizen candidate available to fill the vacancy, a sponsorship certificate can be issued to the non-EU citizen.
Please contact our offices for more information.
The UK Home Office has launched the 'Highly Trusted Sponsor Scheme' for education providers under Tier 4. Tier 4 sponsors can now apply for a Highly Trusted Sponsor licence and the register of trusted sponsors will go live on 6 April 2010.
In order to qualify as a highly trusted sponsor, an education provider must have a proven track record in recruiting genuine international students.
An education provider with the status of highly trusted sponsor will be able to offer a wider range of courses to overseas students and will also be able to offer new services and benefits, such as a more flexible approach to reporting student non-attendance. The scheme will also apparently cut red tape for sponsors who qualify.
The UK Home Office said that the scheme will allow them to monitor sponsors more thoroughly, focusing their enforcement activity on those who seek to abuse the system and where appropriate they will suspend or revoke the licences of sponsors who fail to meet standards.
For more information please contact Geoffrey Yeung at geoffrey@breytenbachs.com
The UK Home Office has announced that apart from changes to Tier 1, it will make significant changes to Tier 2 of the points-based system that will come into effect on 6 April 2010. I will also amend rules covering English language qualifications and marriage visas for members of the Armed Forces.
The changes to Tier 2 include a new points criteria, greater flexibility for short-term transfers by multinational companies and more protection against the use of such transfers to fill long-term vacancies that should go to resident workers.
Other changes include:
Lowering the marriage visa age to 18 for serving members of the Armed Forces and their partners; and
adding Monaco to the Youth Mobility Scheme.
If you need more information, please contact us at info@breytenbachs.com
The UK Home Office has announced changes to the Tier 1 (General) category that will come into effect on 6 April 2010.
Changes to the programme will include the following;
A new points table will be introduced including points for highly skilled workers with undergraduate degrees or no degrees,
The new table will also allow applicants with very high previous earnings to come to the UK under Tier 1, even if they have no formal qualifications;
Applicants will initially be granted leave under Tier 1 (General) for two years, rather than the current three years. After two years, migrants will be able to apply to extend their leave for a further three years.
Please see below the new points table.
| Section | Highest qualification | Previous earnings | Age | UK experience | ||||
| (or equivalent) | ||||||||
| A | Bachelor degree | 30 | £150,000 + | 75 | Over 40 | 0 | Qualification | |
| obtained in | ||||||||
| 75 points | Masters degree | 35 | £75,000 - £149,999 | 45 | 35 to 39 | 5 | the UK | 5 |
| needed | ||||||||
| PhD | 45 | £65,000 - £74,999 | 40 | 30 to 34 | 10 | £25,000 | 5 | |
| or higher | ||||||||
| £55,000 - £64,999 | 35 | 29 or under | 20 | previous | ||||
| earnings in | ||||||||
| £50,000 - £54,999 | 30 | the UK | ||||||
| £40,000 - £49,999 | 25 | |||||||
| £35,000 - £39,999 | 20 | |||||||
| £30,000 - £34,999 | 15 | |||||||
| £25,000 - £29,999 | 5 | |||||||
| B | English language ability - mandatory points | 10 | ||||||
| C | Maintenance (available funds) - mandatory points | 10 | ||||||
Pass mark = 95 points in total
The new rules will not apply to migrants who are in the UK in one of the following immigration categories: Tier 1 (General), with leave granted before 6 April 2010; the Highly Skilled Migrant Programme; Writers, Composers and Artists; and Self-employed Lawyers.
For more information, please contact the head of the Tier 1 department, Anine van der Westhuizen at anine@breytenbachs.com
The UK Home Office has announced that new immigration fees will be introduced from Tuesday, 6 April 2010 for all those applying to study , visit, work or stay in the UK.
Breytenbachs advise all clients who want to apply before these increased fees take effect, to contact us without delay.
The BBC reported that according to figures from the financial services Moneyfacts, mortgage availability for homebuyers has improved over the past year and month.
At the beginning of March there were 1,798 mortgage deals available which required deposits between 0 and 40%. This is 68% more than a year ago and a 6% improvement on a month ago.
A spokesperson for Moneyfacts told the BBC that there are a growing number of mortgage providers who are becoming a little more accommodating with their credit criteria and this bodes well for consumers who will benefit from a growing competitive mortgage market. She also said that it is pleasing to see that the average mortgage rate is falling at the same time as deposit requirements are getting smaller.
The BBC reported that the Bank of England has kept interest rates at its record low level of 0.5% for the twelfth consecutive month.
The Bank of England has also decided not to release any more money into the UK economy under its quantitative easing programme for now, as it has spent the planned £200billion.
The BBC reported that UK house prices dropped for the first time in 10 months in February 2010. Notwithstanding, the annual rate of increase in UK house prices accelerated to 9.2%.
According to Nationwide's chief economist there is evidence from a range of indicators that the market may have lost momentum in early 2010 as the stamp duty holiday ended, prompting a rush on mortgage approvals and completed house sales in the last months of 2009. House hunters were also deterred by the icy weather in the first months of 2010.
The stamp duty holiday ended on 1 January 2010, when the stamp duty threshold dropped back to £125,000 from £175,000. The stamp duty holiday was a government concession, aimed at halting the slump in the property market, caused by the worldwide credit crunch.
The BBC reported that if proposals by the Department of Health are accepted, visitors to the UK could be required to hold health insurance before they can enter the UK.
This move is apparently an attempt by the UK Government to crack down on health tourists who come to the UK for treatment and fail to pay for it. A separate immigration review also proposes that entry to the UK could be refused to foreigners owing money for health care.
According to reports the NHS is paid more than £25million a year by overseas visitors, but have to write off £5million in unpaid bills.
If the proposals are accepted, the NHS will provide a list of migrants with treatments debts to immigration officials from later this year. These migrants will then be turned away by the UK Border Agency if they try to enter the UK without settling their debt. The proposals will reportedly not cover visitors from the European Economic Area and countries with whom the UK has reciprocal health agreements.
Figures from the Office of National Statistics show that the number of immigrants from Central and Eastern Europe are continuing to fall.
In the year to June 2008, there were 100,000 new arrivals from these countries, compared to 68,000 in the year to June 2009. The number of new immigrants from these countries thus fell by nearly a third.
Other figures show that over 500,000 people came to the UK in the year to June 2009. In the same period about 370,000 people left, which brings the net increase of the population for this period to 147,000.
The number of persons seeking British citizenship rose by almost a third in the last quarter of 2009, reaching a figure of 51,315.
The BBC reported the Immigration minister, Phil Woolas as saying that the figures meant Britain was no longer a 'soft touch'.
According to the latest UK government house price survey, house prices in the UK rose by 2.9% in 2009. According to the Department for Communities and Local Government (DCLG) prices have now risen for eight months in a row.
The BBC reported the chief economist at Global Insight as saying that virtually all house price measures, including the ones by the DCLG, show that house prices through in the early months of 2009 and have been firming ever since. He further said that the revival in house prices since the early months of 2009 was a consequence of buyer affordability and interest being lifted by sharply reduced mortgage interest rates.
The UK Home Office has announced that from 3 March 2010 stricter rules will be introduced for foreign students from outside Europe. All Tier 4 applications submitted on or after this date will be subject to new restrictions. According to the UK Home Office, these new rules are introduced in order to tackle the abuse of the Tier 4 by bogus students.
The new rules will not apply to students who come to the UK to study a foundation degree, courses at degree level or above and for child students at independent schools.
For students studying courses below this level the following rules will apply;
The amount of time a student is allowed to work during term time is halved from 20 hours per week to 10 hours;
Students on courses of six months or shorter are not allowed to bring any dependants to the UK; and
Students’ dependants will not be allowed to work in the UK, unless they qualify in their own right for an immigration category that allow them to do so.
Visas for courses below degree level with a work placement will only be granted if the institution are on a new register, the Highly Trusted Sponsors List. (To be implemented on 6 April 2010.
The minimum level of English language course that can be studied under Tier 4 will be raised to the equivalent of GCSE standard.
For further information, or to apply for a student visa, please contact one of our specialist advisers at info@breytenbachs.com and we will be delighted to assist you further.
The UK Home Office has announced that it is temporarily suspending all student visa applications from Northern India, Nepal and Bangladesh.
This move came after there was a significant increase in the number of student visa applications from these countries in the last three months of 2009, compared to the same period in 2008. According to officials the system has been overwhelmed with the increase in student visa applications and there are concerns that many of the applications are not genuine.
The BBC reported immigration lawyers as saying that this move is going to affect genuine students who want to come to the UK, as they won't be able to get to the UK in time for their courses.
The UK Home Office has announced that from 22 February 2010, students who applies for a student visa to study in the UK under Tier 4 of the points-based system must possess a confirmation of acceptance of studies (CAS) from their prospective sponsor (educational institution).
From 22 February 2010 all student visa letters will be replaced by CAS (confirmation of acceptance to study) which is an electronic system. Applicants are issued with a CAS reference number instead of a physical student visa letter by the prospective educational institution.
From 22 February, student visa letters will not be accepted even if it was issued before 22 February 2010.
The Bank of England has kept the UK interest rates at the record low level of 0.5%.
Interest rates have been at this level since March 2009. The BBC reported that economists do not expect the central bank to raise the rate in the near future.
The Bank of England also maintained the policy of quantitative easing programme at £200billion. According to the BBC the UK is thought to have exited the recession in the last quarter of 2009.
The BBC reported that figures from the Halifax shows that UK house prices were 1.1% higher in December 2009 than a year before. This is according to Halifax the first annual rise since March 2008.
The group predicts however that property values will be flat in 2010, due to the economic outlook. According to their housing economist, the prospects for the market in 2010 will depend on how the UK economy evolves and whether there is a significant increase in the supply of properties for sale.
The UK Home Office has announced the following changes to the British nationality law, that will come into force on 13 January 2010;
1. Children
born overseas to parents in the armed forces
Children born overseas after 13 January can register as a British
citizens if they were born to a Foreign and Commonwealth member of
the UK armed forces, the parent was serving outside the UK at the
time of birth and both parents consent to the registration.
2. Children born overseas to British citizens by descent
After 13 January 2010,
children of British citizens by descent can be registered under the
British nationality act if an application is made at any time before
their 18th birthday.
3. British
nationals (overseas) with no other citizenship or nationality
British nationals (overseas) can be registered under the British
nationality act if they do not hold any other citizenship or
nationality. A person will not qualify under this section if he or
she has done anything after 19 March 2009 that resulted in the loss
of another nationality.
4. Children
of British mothers
After 13 January 2010, a person with a British mother will have the
right to register as a British citizen if they would have become a
British citizen at birth had women been able to pass on citizenship
in the same way as men.
The law has also been changed so that anyone born in the UK after 13 January 2010 to a parent in the UK armed forces will automatically be a British citizen. A child born to a parent in the UK armed forces before that date will also be a British citizen, but the change in the law put the matter beyond doubt.
The UK Home Office has announced that they will amend the qualifying period for a person with a company to qualify for an intra-company transfer from six to twelve months. The category will also be closed as a route to permanent settlement in the UK.
The changes will take affect during the Spring of 2010, but no specific dates were given.
The BBC reported that figures from the Nationwide Building Society shows that UK house prices rose by 5.9% in 2009. This is sharp contrast with the 15.9% fall in prices in 2008. The average cost of a home rose for eight months in a row in December 2009, bringing the average price to £162,103.
Nationwide predicted however that house prices will change very little during 2010.
According to Nationwide, despite the recession, the past decade was the strongest on record for house prices, as property values have risen by 117% since the end of 1999. If inflation is taken into account, the average home increased by 68% in value over the past decade.
The Border Agency has announced that it is changing the way it manages judicial review challenges from persons being removed from the UK.
From 11 January 2010 the following rules will apply;
The UK Border Agency will seek to continue with removal where a previous removal has failed within the last 10 days due to technical reasons - cancelled flights etc.
A removal will not automatically be deferred upon a threat of judicial review in cases certified on safe third country grounds or those judged clearly unfounded. In such cases at least five days' notice of removal will be given.
72 hours' notice of removal will not automatically be given to persons who are disruptive or pose a threat to others.
Please contact Breytenbachs for more information on judicial reviews.
The UK Home Office has announced the following changes to the Immigration rules;
From 1 January
2010, within the child visitor rules, provision will be made to
permit exchange visits by overseas students to state maintained and
other schools; and
Workers previously admitted under the rules for overseas government
employees will be able to switch in-country into the Tier 5 category
for temporary workers.
From 22 February 2010, the final phase of the roll-out of Tier 4 for students will be implemented. From this date Tier 4 migrants will require an electronic confirmation of acceptance for studies in order to be able to score points for attributes in their applications to study in the UK.
Please contact Breytenbachs for more information on judicial reviews.
The BBC reported that figures from the Office for National Statistics (ONS) show that the number of people from overseas living in the UK has reached a record high of 6.7million in 2008.
Figures further show that 11% of people in the UK had been born abroad and that nearly 25% of births in England and Wales in 2008 were to foreign-born women. The agency's statistics projected that the UK's population would increase by nearly 10million in the next 25 years and that there would be 71.6million people living in the UK in 2033.
The Immigration minister Phillip Woolas said in his reaction that the figures did not account for those immigrants who were returning home and that previous attempts to estimate future population figures had been wildly inaccurate.
The UK Home Office has announced that from 6 January 2010, skilled migrants and their dependants will receive an identity card for foreign nationals when they successfully apply to extend their stay in the UK under Tier 2.
All Tier 2 applications made inside the UK on or after 6 January 2010 will involve the enrolment of the applicant's biometric information. The biometric information includes fingerprints and a facial image photograph of the applicant.
According to the UK Home Office the ID cards provide a simple way of confirming the holder's nationality, identity and immigration status and show whether they have the right to work or study legitimately in the UK. It will also help them to access public services.
Please contact our offices for further information.
The BBC reported that the Migration Advisory Committee (MAC) says it is concerned that non-European students can obtain two-year working visas after attending further education colleges, regardless of the standard of teaching or degree. The MAC has called for a review of the rules.
In the last academic year, visas to stay on after obtaining a degree were issued to 42,000 students under the Post-study Work Route, part of the Tier 1 of the points-based system.
The head of MAC said that they should take a good look at all the institutions to see if it is legitimate for all the students studying there on all the courses to get post-study work visas.
The UK government said that it would consider the MAC report's findings.
The UK Home Office has announced that the Migration Advisory Committee (MAC) has completed its review of Tier 1 of the points-based immigration system. The MAC report stated that Tier 1 is generally operating well.
It also inter alia recommended for Tier 1 (General) for highly skilled workers that;
The salary
multipliers, which are used to convert previous earnings outside the
UK into a UK equivalent, be rapidly and thoroughly reviewed;
That migrants with a bachelor's degree, but no master's degree
should be allowed to come to the UK under Tier 1 (General) if their
previous earnings are high enough;
That professional qualifications (such as law and accountancy) be
considered as equal to a master's degree;
That migrants with a previous annual earning of at least
£150,000
should not need to meet the educational qualification requirement;
That migrants under the age of 39 years should receive points for
their age;
That the pay threshold should be substantially increased; and
That successful applicants should initially be allowed to come to
the UK for two years, rather than three years as at present, with a
three-year extension later if they are in highly skilled employment.
The MAC also recommended that the Tier 1 (Post-study work) route for migrants who want to work in the UK after completing a course of study in the UK, should continue, as it brings economic benefits to the UK. It recommended however that the government should consider whether all courses and institutions should continue to be treated the same.
The BBC reported that figures from the Office for National Statistics show that immigration to the UK continued to rise in 2008. In 2008, about 590,000 people came to live in the Britain, compared with 574,000 in 2007.
However, more people left the UK as well. In 2008, 427,000 left the UK, compared with 341,000 in 2007.
This bring the net migration to the UK (difference between people coming in and going out of the UK) to 163,000. This is 70,000 lower than for the year 2007.
The Border and Immigration Minister Phil Woolas said in his reaction that the falling net migration shows that migrants come to the UK for short periods of time to work, contribute to the economy and then return home.
The UK Home Office has announced that from 30 November 2009, fingerprint checks will be introduced at the border for passengers with biometric UK visas, entry clearances and identity cards for foreign nationals.
These passengers will have their fingerprints scanned on arrival in the UK, in addition to the normal checks. The checks will verify that the passenger entering the UK is the same person who submitted the biometrics when they applied for the visa, entry clearance of identity card.
The UK Home Office has announced that from 14 December 2009, the resident labour market test for Tier 2 will be extended to four weeks for all jobs. This will replace the current requirement to advertise jobs for two weeks, or one week where the salary is £40,000 or more.
The change was proposed by the Migration Advisory Committee in their Tier 2 report in August 2009, and was accepted by the government in full in September 2009.
The rule change will apply to all advertisements that start on or after 14 December 2009. Employers that have already started running their advertisements before this date do not need to re-advertise to meet the new requirements.
In order to provide flexibility to employers the four week advertisement will not need to run continuously. This means that employers will be able to advertise skilled jobs for shorter periods initially, so that resident workers, where available, can quickly be recruited to skilled jobs. However, before a migrant worker can be appointed, the advertisement must have run for four weeks in total.
Employers are welcome to contact Breytenbachs for more information or assistance.
The UK Home Office has accepted recommendations from the Migration Advisory Committee in September, that will have a huge impact on prospective Tier 2 migrants and their dependants, when the changes are implemented from January 2010 onwards.
Breytenbachs therefore advises employers of prospective Tier 2 migrants to prepare for the changes to ensure that new rule changes do not prevent them from employing personnel on the Tier 2 visa. Where possible, Breytenbachs recommend that applications are expedited in order to prevent more strict rules and regulations.
Changes that will be made to Tier 2 from January 2010 onwards include;
The qualifying period for a person with a company to qualify for an intra-company transfer will be extended from six to twelve months.
Workers using the intra-company transfer route will no longer be allowed to settle in the UK. Where prospective permanent residence and British citizenship was a deciding factor for an individual wanting to make use of this route, an alternative should be explored.
Vacancies will in future need to be advertised for four weeks, extended from the current one or two weeks, before a Tier 2 migrant can be appointed in the position.
The minimum salary and remuneration package thresholds to qualify for 5,10,15 and 20 points under Tier 2 will be increased to £20,000, £24,000, £28,000 and £32,000 respectively.
Allowances in remuneration packages will be scaled down when calculating points for prospective earnings.
Breytenbachs advises all employers wanting to employee Tier 2 migrants within the next couple of months to get in touch with Breytenbachs without delay, so that applications can be lodged before implementation of the new stricter rules and regulations.
The BBC reported that figures from the Halifax shows that UK house prices rose for the fourth month in a row in October, when it rose by 1.2%. This brings the average house price to £165,528.
According to the housing economist of Halifax, UK house prices have risen by 2.9% since the end of 2008 and are now 7.1% higher than six months ago when prices reached a trough in April 2009.
According to the Halifax prices were rising due to a combination of increased demand and fewer houses for sale. The demand for houses were in return stimulated by the very low level of interest rates, decline in property prices since the summer of 2007 and an increase in consumer confidence on the back of better economic views.
The Halifax expect that house sales is likely to continue rising in the coming months.
The UK Home Office said that it has now issued more than 100,000 identity cards to foreign nationals, mostly to migrants extending their stay as students or spouses.
From January 2010, migrants from outside the European Union will be issued with identity cards when they extend their permission to stay for more than six months under Tier 2 of the points-based immigration system. This means that they would need to submit fingerprints and photographs as part of their application to extend their stay.
The UK Home Office is currently trialing technology at Crown post offices to provide foreign nationals applying for identity cards alternative and more accessible venues where they can enrol their fingerprints.
The evidence of the summer is that the UK property market has at last bottomed out with demand again showing signs of rising on the back of better affordability and low interest rates. House prices in England and Wales rose for the fifth consecutive month in September, returning prices to their level of August 2006, while the property website Rightmove recorded a rise of 2.8 per cent in the four weeks to October 10, one of the sharpest increases over a monthly period it has ever recorded. In London, the website said, asking prices were up 6.5 per cent over those four weeks.
Few are expecting a return to the property boom before last year’s financial crisis, but there is cautious optimism. Mortgage lenders have started to cut their rates, prices are moving in the right direction and for foreign buyers the current weakness of sterling can only help.
According to the Daily Express, with one of the UK’s biggest Lenders, the Woolwich, part of Barclays, cutting its rates by up to 0.6 percent a mortgage price war is under way, with Lenders eager to share in the resurgent home loans business competing for customers. The Woolwich’s cut follows similar announcements by the Nationwide, Northern Rock, HSBC and a host of other lenders.
The BBC reported that projected figures by the Office for National Statistics (ONS) shows that the population of the UK will rise from 61m to 71,6m by 2033.
The projections were based on trends over the past years and just over two-thirds of the increase is likely to be related directly or indirectly to migration to the UK. If the projected increase materialises, it will be the fastest rate of growth in the population in a century.
The ONS figures suggests that 180,000 new immigrants will arrive in the UK every year for the next 25 years. This number is 10,000 lower than the last projection two years ago.
The Immigration minister Phil Woolas said in reaction to the figures that the projections show that population growth is starting to slow down, due to the impacts of the radical reforms they have made to the immigration system over the past two years.
The UK Home Office has announced that the Migration Advisory Committee (MAC) has recommended that teachers in special schools and skilled meat boners be added to the shortage occupation list. Other occupations that the MAC recommends to be added to the list are; specialised jobs in the electricity transmission and distribution; some medical specialisms, including higher level speciality paediatrics trainees; and aircraft technicians and fitters.
The MAC also recommended the removal of some engineering and construction jobs from the shortage occupation list, in response to the changing economic circumstances. The MAC said that there are 500,000 jobs in sectors on the skills shortage list, compared to 700,000 a year ago.
The UK Home Office are advised by the Migration Advisory Committee (MAC), in which areas of the UK labour market shortages are experienced. The UK Home Office then compiles a list of shortage occupations, based on the recommendations by MAC.
If a job is not on the shortage occupation list, a skilled worker can still be issued with a certificate of sponsorship for the job, but employers are then required to advertise the position. Where the employer can demonstrate, after advertising, that there is no suitably qualified resident or EU citizen candidate available to fill the vacancy, a sponsorship certificate can be issued to the non-EU citizen.
Please contact our offices for more information.
The BBC reported that up to 40,000 migrants who should have left the UK more than six years ago could still be in the UK.
The UK Home Office said in a letter to MP's that there was no formal record of the migrants who were refused permission to stay or whose visas had run out. The UK Border Agency had reportedly begun looking at case files to see if the migrants are still in the UK and can be removed. Case files will be checked against police records to see if any are harmful, and prioritised if so.
Chris Huhne, the Liberal Democrat home affairs spokesman, said that since Labour and the Tories abolished exit checks, it has been impossible to know whether visitors left the country when they should have done.
On the 1st of October 2009, the Home Office announced further transitional arrangements with regards to Tier 4 of the Points-based System.
Students who wish to apply in the UK need only to show the necessary amount of money in their bank account on the day of the application, so long as it is submitted before the 1st of February 2010. Applicants applying from outside of the UK will now need to have the money for at least 28 days in their bank account.
The Home Office has now begun to incorporate the electronic Confirmation of Acceptance of Studies (CAS) which will eventually replace the student visa letters as part of the 40 points required to qualify for a student visa. The CAS will attribute to a total of 30 points, whereby most of the information available will be the same as the student visa letter. The main difference being that the CAS will be in an electronic format and applicants will be issued with a unique CAS number.
In proving the 10 points for funds and maintenance, child and adult applicant’s can now submit original bank statements from their parents, proving the availability of the funds. The applicant will however need to produce their original birth certificate in order to qualify.
All applications made on and after the 5th of October 2009 will be “bound” to the educational institution in which they made their visa application. As a result, the ID card which is issued by the Home Office will contain the unique Sponsor Licence Number of that particular educational institution. Only by submitting a fresh application under Tier 4 may the student switch college.
For further information, please do not hesitate to contact our office at info@breytenbachs.com whereby one of our specialist lawyers will be delighted to assist you further.
The UK Home Office has announced changes to the immigration rules of representatives of overseas businesses. The rule changes came into effect on 1 October 2009. The rule changes will make changes to the criteria for admission of a sole representative and will also re-introduce provisions for representatives of overseas media businesses.
The provisions for this category of workers will remain outside of the points-based immigration system.
The changes in the case of sole representatives are:
The branch which the overseas worker will establish must be concerned with the same type of business activity as the overseas business; and
The worker must be competent in English language to a basic user standard.
Those admitted under this category will also no longer benefit from concessionary arrangements under which they may be accompanied by dependant adult relatives.
The provisions for representatives of overseas media business will cover employees of overseas newspapers, news agencies or broadcasting organisations on a long-term assignment to the UK. They will also be required to be competent in English to a basic user standard.
Persons admitted under this category will be admitted for an initial three years, after which they will be able to extend their stay by a further two years.
The UK Home Office has announced transitional arrangements for migrants who are still on their way to achieving British citizenship, when earned citizenship is introduced.
Earned citizenship is expected to be introduced in July 2011, and the Home Office said that it will announce the specific date of introduction closer to the time.
The transitional arrangements announced are as follows; If a migrant has already been given indefinite leave to remain on the date when earned citizenship is introduced, they will automatically be considered a permanent resident. They will be eligible to apply for British citizenship under the current ('old') rules during the first two years after earned citizenship is introduced. If a migrant has applied for indefinite leave to remain before the date when earned citizenship is introduced, and is subsequently granted leave to remain, they will also be eligible to apply for British citizenship under the current ('old') rules during the first two years after earned citizenship is introduced.
Migrants who entered the UK on the Highly Skilled Migrant Programme will be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration rules that were in place when they applied for the HSMP.
Please contact Breytenbachs if you have any further queries.
The BBC reported that many economic migrants from eastern Europe are returning home due to the recession in the UK.
A study commissioned by the BBC, the global Migration Policy Institute study, found that the EU expansion led to 1,3million eastern Europeans moving to the UK up to the year 2008. However, the recession in the UK and the modest economic growth in the Poland have led to a change in this pattern.
According to the study almost half of these immigrants have now left the UK. It is however expected that the flow of migrants would pick up again as the economy starts to improve once again.
It also found that worldwide there has been a dramatic global decline in the number of people going to work abroad since the start of the global economic downturn.
The BBC reported that it is claimed that nearly 200 doctors' jobs at four NHS trusts are vacant because of the new points-based immigration system. Apparently Wales was more affected by a UK-wide shortage of doctors.
A Welsh Assembly Government spokesperson said that changes in immigration rules have caused UK-wide problems with recruitment and that they are working with other nations governments and trusts to address these issues.
The BBC reported that house prices rose for the fourth month in a row during August 2009.
According to figures from Nationwide house prices rose by 1.6% in August, which brings the average price of a home to £160,224 up from £158,871 in July 2009. While house prices are still lower than in 2008, the annual rate of decline in property values slowed sharply to 2,7%.
According to Nationwide a key factor in lifting prices was the exceptionally low level of interest rates, which have been kept at 0.5% by the Bank of England since March 2009.
The UK Home Office has released figures that show that work applications from the eight accession countries have continued to fall in 2009. In the second quarter of 2009, there were just over 26,000 applications from workers from the A8 countries, down from about 46,000 in the same period in 2008. The A8 countries are Poland, Lithuania, Latvia, Hungary, Slovakia, Slovenia, Estonia and the Czech Republic.
The Office of National Statistics also published figures that show net-migration fell to 118,000 in 2008, down from 209,000 in 2007. This is the lowest figure since the eight accession countries joined the EU in 2004.
The Border and Immigration minister, Phil Woolas said in his reaction to the figures that British people can be confident that immigration is under control.
The Financial Times reported that technology companies are bringing overseas staff to the UK at twice the rate of all other professional services combined, which sparked renewed claims that businesses are using the intra-company transfer route to get around immigration laws.
More than 60 per cent of the non-EU workers who arrived in the UK last year came via intra-company transfers.
IT companies reacted by insisting that overseas staff are essential to plug short-term gaps in local expertise and that their use encourages inward investment. A spokesperson for the industry trade body said to FT that if this route was closed it would mean job losses in the UK because people would move the work to Europe or elsewhere.
The Migration Advisory Committee recommended earlier the month that that workers using the intra-company transfer route, should not be allowed to settle. The qualifying period with the company overseas should also be extended from 6 to 12 months. In response to criticism that the points-based system was hampering efforts to recruit the brightest international graduates a separate scheme was created for graduates, which would require a 3 months prior experience with the company, but with a maximum stay in the UK of 12 months.
A spokesperson for the Association of Professional Staffing Companies (Apsco) said that the proposals could be damaging at a time when many British IT graduates were out of work.
The recommendations by the Migration Advisory Committee has been accepted by the UK Home Office on 7 September 2009.
The Financial Times reported that British companies appear to have suffered collateral damage in the UK government's rush to demonstrate its credentials as tough on immigration.
Leading immigration specialists told the FT that the points-based system was rushed into existence in 2008, largely for political reasons and that the real problem was that the timetable for implementing was really short. The UK Border Agency was however praised for reacting to problems, but were also criticised for not heeding earlier warnings on potential pitfalls.
The FT further reported that there were complaints at why the government needed to take such a rigid approach to big business when the new measures were primarily aimed at soothing the electorate's fears on competition from jobs from low-skilled overseas workers or unscrupulous companies cheating the system. According to one immigration lawyer the message to the rest of the world is incredibly negative, in a time when the UK need to maintain its economic attractiveness.
The BBC reported that the number of mortgages granted in June 2009 rose by 23% compared with May 2009.
According to figures from the Council of Mortgage Lenders (CML) some 45,000 home loans were granted, only 6% lower than in June 2008. The group said that the mortgage market has stabilised, but that it was far from a return to the housing boom.
According to a CML economist, low interest rates and realistic selling prices have helped generate a welcome increase in housing transactions, but that there is some way to go before normal levels of activity are reached.
A report by the Institute for Public Policy Research (IPPR) warned that the UK could lose its 'super mobile' migrants to competing countries.
The IPPR said that short stay migration was a growing phenomenon and that the number of immigrants spending under four years in the UK doubled between 1996 and 2007. An online survey also found that 85% of migrants currently in the UK were only planning to stay for a short time. The immigrants most likely to leave were highly skilled and well educated, with few barriers to movement.
The IPPR suggested inter alia that more active steps are taken to encourage these migrants to stay, through the points system, retention schemes, simplified visa extensions and tax incentives.
The Institute further said that as global competition for highly skilled migrants increases in future years, schemes to retain migrants may become as important as attracting them in the first place.
The UK Home Office has revealed plans that would require immigrants to earn enough points to stay permanently in the UK as citizens.
At present, migrants who have worked in the UK for five years have an automatic right to apply for British citizenship, which is usually granted. In future, under the suggested measures, migrants will have to spend five years as temporary residents before becoming probationary citizens. They can then earn full British citizenship by earning points, which is expected to take between a further one to five years.
Under proposals, points will be awarded to migrants for building up different attributes and skills. People will also be rewarded for economic contributions, skills and English language proficiency above the level already expected. A migrant's journey to citizenship could be sped up if they do voluntary or community work.
Points could be removed and citizenship withheld or delayed for those breaking the law or committing anti-social behavior.
The government also suggested that extra points could be earned by migrants who settle in areas in need of further immigration, such as Scotland.
In his reaction to the proposals Hannes Breytenbach said that it should be remembered that the proposals just announced are going to consultation, and therefore it is quite likely that there will be changes before the law is implemented, which is unlikely before 2011. At this stage it is not clear how the proposals will impact on those individuals already in the UK. Our initial reaction is that most immigrants, if affected, will simply bite the bullet and stick it out, as the new rules are likely to delay only at worst the right to become a British citizen for those in gainful employment, and who are integrated in the community with good English language skills.
Breytenbachs will update clients on any news following this consultation process.
The BBC reported that Members of Parliament gave the new points-based immigration system a 'cautious welcome', but identified some problems.
The Home Affairs Committee said more weight should be given to skills training and job experience rather than earnings in entry criteria, to prevent 'perverse outcomes'. The chairman of the Home Affairs Committee said that it seems spurious that a fresh master's graduate in their first job should qualify as a highly skilled migrant where a business person of 25 years global experience earning hundreds of thousands of pounds without a master's degree does not.
Other concerns that were highlighted was the length of time it took to process biometric visas, the speed with which the Border Agency responded to representations about individual cases and the lack of an independent appeals process.
All visa applications made in South Africa must now be filed online, effective from the 1st of July 2009.
Breytenbachs will still as always assist you with the application and will be able to book a time and date that suits the applicant's schedule in terms of submitting the application, but applicants who attempt the applications on their own should now use the VFS Global online visa facility at www.visa4uk.fco.gov.uk to submit the application. You can also pay the government application fee and book an appointment at your nearest VFS centre.
The British High Commission has confirmed that a “pragmatic” approach will be adopted during the initial transition period and that little leeway will be given to those who are not aware of this change. It is expected that in the very near future, all applications must be made online.
For more information, please do not hesitate to contact our offices at info@breytenbachs.com and one of our immigration specialists will be able to assist you further.
The UK Home Office has announced that some changes to the Borders, Citizenship and Immigration Bill are being considered in Parliament, in order to make changes to British nationality law.
The British Nationality Act will be amended so that a person born in the UK to a parent in the armed forces will be a British citizen. This is already happening, but changes to the Act will put the matter beyond doubt.
For children born overseas to those in the armed forces, a new section will be inserted, which will entitle a person born outside the UK to register as a British citizen if;
he or she was born to a Foreign or Commonwealth member of the UK armed forces; and
that parent was serving outside the UK at the time of the birth; and
both parents consent to the registration.
At the moment, children of British citizens by descent can only be registered under that section if an application is made within 12 months of the birth, proposed changes will allow an application to be made at any time before a child's 18th birthday.
For more information about the above changes or any other nationality issue, please contact our offices at info@breytenbachs.com
The Times reported that some of London's largest law firms are upset over government changes to the immigration law that prevents them from hiring talent outside the European Union.
In terms of the new regulations that came into force in March 2009, only overseas workers with a Masters degree are eligible for a Tier 1 highly skilled visa. As it is uncommon for lawyers to possess a Masters degree, as they only require a law degree and professional diploma, very few overseas candidates will qualify for the Tier 1 visa.
The city's top firms have reportedly made their views clear in a letter to the UK Law Society, which will be submitted to the Migration Advisory Committee as part of an ongoing consultation. The law firms have also warned that the new immigration rules are inhibiting talent flow to the UK and will ultimately make the City's legal sector less competitive.
The BBC reported that a study commissioned by the London Mayor, Boris Johnson found that granting amnesty to long-term illegal immigrants could add up to £3bn a year to the UK economy.
The report by the London School of Economics said that the move would not lead to a rise in immigration but would raise spending on welfare and housing. According to the study there are about 618,000 people illegally in the UK, of which 422,000 are in London. The study further found that if a five-year residency plan was introduced 67% of illegal immigrants would be eligible to live in the UK.
The UK Home Office reacted to this report by saying that there will no amnesty and that illegal immigrants should go home.
The UK Border Agency has announced that a concession for this year only to allow students applying to study A-Levels in the UK to make a visa application based on a conditional offer from their education provider, whilst they await their GCSE results.
This was done in recognition of the fact that GCSE results are not released until the end of August, whilst some courses may start in early September, narrowing the window to make an application in time to travel for the start of the term.
The UK Border Agency said that they have agreed that this concession should not be limited to those wishing to study A Levels only. The concession will be extended to cover all students waiting for GCSE results and going on to study other equivalent courses, such as Higher Diplomas in the UK.
Please contact Breytenbachs for more information in this regard.
The Independent newspaper reported that one of the UK's most respected think-tanks, the National Institute of Economic and Social Research (NIESR), is of the opinion that the recession in the UK is over.
According to the NIESR the UK economy hit rock bottom in March 2009, and returned to growth, albeit modestly in April and May 2009. The growth figures for April was 0.2 per cent and 0.1 per cent for May. Although these growth figures are very small, they mark the end of a year of stagnation and recession.
The NIESR singled out the Bank of England's radical cuts in interest rates and its programme of 'quantitative easing' - injecting cash directly into the economy - as the major reasons for the turnaround. It was also reported that surveys of business confidence also suggest that the economy will soon return to modest growth.
The BBC reported that according to the Royal Institution of Chartered Surveyors (RICS), rising interest from potential home buyers coupled with falling numbers of sellers is stabilising UK home prices. This comes after figures from RICS have shown that new buyer inquiries increased for the seventh month in a row in May - the fastest rate since 1999.
A spokesperson for RICS said that on the face of it, the housing market does appear to be picking up in a material way and prices at last stabilising. He said however, that it is important to remember that the lack of supply has been as important in underpinning prices as the rise in demand.
According to figures by Halifax, house prices rose by 2.6% in May compared with April, but activity remains low. The Nationwide building society reported a 1.2% rise in prices in May compared with April, the second rise in three months.
The BBC reported that both lenders suggested that a low supply of homes for sale was likely to have had an effect on average prices. A spokesperson for Halifax said that market conditions are expected to remain difficult with housing activity continuing at low levels over the coming months.
The BBC reported that figures from the Bank of England has shown that the number of new mortgages approved for home buyers in the UK rose for the third month in a row in April. 43,201 new home loans to buyers were approved in April.
According to the BBC approvals for home buyers are a good indicator of short-term trends and suggest sales may continue to rise. A spokesperson from Investec was quoted as saying that although it is an upward grind rather than a jump, at least it is a steady upward grind, and it is consistent with a steady recovery in housing market activity.
The BBC reported that delegates at the University and College Union's annual conference said that they did not want to become a branch of the UK Border Agency and that they will boycott new visa rules for overseas students that would make them 'immigration snoopers'.
Under the new student visa rules, universities are expected to monitor whether overseas students are attending courses. Delegates at the conference argued that the rules could place a strain on the relationship between staff and students from outside the European Union.
The UK Home Office responded by saying that educational institutions have a duty of care to all their students and checking that they are attending and making progress in their studies is part of that responsibility.
According to figures from the Office for National Statistics in the UK, the number of Eastern and Central Europeans leaving the UK doubled in the year to September 2008.
Provisional figures suggests that 56,000 people from eight key Eastern and Central European countries left in the year to September 2008. This is more than double the 26,000 who left in the previous 12 months, but overall 44,000 more Central and Eastern European workers still arrived than left. The UK population is still growing from migration, but at a slower rate, due to the numbers now leaving.
The ONS also said that over the year to September 2008, 720,000 National Insurance numbers were issued to foreign nationals, down 7% on the previous year.
The HSMP Forum Ltd brought a judicial review against the Home Secretary on the basis that those who entered onto the HSMP before the qualifying period for Indefinite Leave to Remain (ILR) was increased from four to five years, should be eligible for ILR after four years on the scheme. The judge found in favour of the HSMP Forum on this point, in April this year.
The UK Government has now announced that migrants who are covered by this judicial review - those who have received their HSMP approval letter before 3 April 2006 - and who have completed at least four years' continuous residence in the UK in a qualifying category, can now apply for settlement in the UK. Migrants covered by this judicial review will also not need to meet the 'knowledge of language and life in the UK' requirement, as this was not part of the settlement requirements when they first applied under the HSMP.
If the application for settlement is successful, migrants will receive a one-off payment to cover the cost of the second HSMP extension application, which would not have otherwise been required. In addition, if the application for settlement is successful and you apply for citizenship later, you will be considered to have been settled in the UK from the point when you first completed four years' qualifying residence.
The BBC reported that the British Medical Association (BMA) said that the reform of the tier 1 skilled migrant category was unfair on foreign medics. The union said it meant that doctors in the first two years of training would not be able to apply for the next stage. According to the BMA this could lead to a shortage of doctors eventually, compromising safety in the process.
The change to the immigration rules, which was introduced in March 2009, means that those applying for the tier 1 category need to have a master's degree. However, a medical degree is only classed as a bachelor's degree, which means that all foreign junior doctors from outside the EU will be excluded.
The UK Home Office and Department of Health responded by saying that changes would not harm the service and that the Australian-style points based immigration system means only those that are needed can come to work in the UK.
A poll by the Royal Institution of Chartered Surveyors (Rics) found that new inquiries in the housing market increased for the fifth consecutive month. According to Rics interest from home-buyers is gaining real momentum, although sales are still low.
The BBC reported a Rics spokesperson as saying that buyer interest is starting to gain real momentum, but will remain frustrated while mortgage finance is scarce. He further said that the market is still in a fragile state, but with demand continuing to pick up, there may be more signs of stabilisation in the coming months.
The UK Government announced that the HSMP Forum Ltd brought a Judicial Review against the Home Secretary on the basis that those who entered onto the HSMP before the qualifying period for Indefinite Leave to Remain (ILR) was increased from four to five years, should be eligible for ILR after four years on the scheme. The judge found in favour of the HSMP Forum on this point.
The UK Government is currently looking into implementing the court's decision and will publish remedies as soon as they are finalised. Breytenbachs will update clients on the issue as information becomes available.
The Council of Mortgage Lenders (CML) said that the number of mortgages handed out by lenders rose slightly in February.
Loans for house purchases in the UK rose to 23,400 in February 2009, which is 4% higher compared to January 2009. The CML said however that activity in the market remained at a very low level historically. The BBC reported the CML director as saying that although they are not convinced that underlying trends have shifted sufficiently to change their forecasts for mortgage market activity in 2009, there are some positive signs for later in 2009.
The BBC reported that the Bank of England kept interest rates steady at 0.5%.
The interest rate is an all-time low, following six cuts in the interest rates since October 2008. The UK Government is also continuing with its policy of quantitative easing, or creating money, in order to help boost lending and easing the UK economy out of recession.
The UK Government announced that strict working restrictions in the form of the Worker Registration Scheme for Eastern Europeans will not be scrapped. This decision comes following the advice from the Migration Advisory Committee on the benefits of the scheme to the British labour market.
The Worker Registration Scheme will be maintained for a further two years, but will automatically come to an end in 2011 in accordance with the European Treaty of Accession.
According to the UK Government the Worker Registration Scheme enables them to monitor the work Eastern European do, and where in the UK they do it, and so allow the UK Government to better plan for local services and ensure migration is working for the British labour market and country as a whole.
The BBC reported that according to the Nationwide building society, house prices rose in March 2009 for the first time since October 2007. Property prices rose by 0.9% compared to the previous month. Nationwide described the change as a 'surprise bounce'.
Nationwide's Chief economist was reported as saying that while the rise in prices in March is welcome, it is far too soon to see this as evidence that the trough of the market has been reached.
Please contact our offices for more information.
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