July 2010 Newsletter
UK Government announces limit on number of workers entering the UK
The new
coalition government has announced that it will be implementing a
limit on the number of workers entering the UK from outside Europe.
Government will now be
following a 12-week government consultation with businesses on how the final
limit will be delivered. This consultation will run until the end of September
2010. The permanent limit on non EU economic migration will then be put in place
by 1 April 2011.
In the meantime, in order
to avoid a last minute rush of applications by migrants, they have also
announced that they will be implementing an interim limit, which will take
effect on 19 July 2010. The purpose of this interim limit is to ensure that the
number of visas issued under Tiers 1 and 2 are below the number issued in 2009.
The interim measures include;
-
Raising the number of
points needed for a Tier 1 highly skilled visa from 95 to 100 points
(including at least 80 points for attributes, 10 points under the English
Language criteria and 10 points under the Maintenance criteria) and capping
the number of Tier 1 migrants at current levels; and
-
Limiting the number of
certificates of sponsorships that licensed employers can issue in terms of
Tier 2. Please also see article below.
The limit on new Tier 1
(General) applications will only affect applications for entry clearance under
the Tier 1 (General) scheme submitted abroad. Applicants currently in the UK as
Tier 1 (General) Migrants or Highly Skilled Migrants who wish to extend their
stay in the UK under the Tier 1 (General) scheme, or applicants currently in the
UK in a different immigration category (e.g. work permit holders) who wish to
switch their immigration status to Tier 1 (General) Migrants from within the UK,
will not be affected by the interim limit.
The Tier 1 routes for
investors, entrepreneurs and the post-study route will also not be affected by
the interim limit.
You will not be affected by
the increased pass mark of 100 points if you are currently in the UK as a Tier 1
(General) Migrant or Highly Skilled Migrant, and you wish to apply to extend
your stay in the UK under Tier 1 (General). If however you are in the UK in
another category (e.g. work permit, Tier 2 or Tier 1 (Post-study Work), or if
you are applying from outside of the UK, you will need to score at least 100
points (including at least 80 points for attributes) when you apply to switch
into Tier 1 (General).
Please feel free to contact our
offices for more information.
Tier 2 - Interim limits
The new
coalition government has announced that it will be implementing an
interim limit on economic migration, in order to prevent a surge of
applications between 19 July 2010 and April 2011.
For
Tier 2 this will cover the Tier 2 (General) category, but will not
affect the routes for Intra-Company Transfers, Ministers for
Religion and Elite Sportspeople.
The
interim limit for Tier 2 will be impose by reducing the number of
Certificates of Sponsorship that is available to both existing
sponsors and sponsors who apply during the course of the interim
limit. The number of Certificates of Sponsorships issued in 2009
will be the basis of calculation.
Please feel free to contact our
offices for more information.
UK Property Market News
UK Homeowners increasing value of their stakes in properties
The BBC reported that figures from the Bank of England show that UK
homeowners are increasing the value of their stakes in the
properties.
In the first quarter of 2010, £3,2
billion
was injected, which is slightly lower than the
£3,4
billion increase of the last quarter of 2009.
The rise is reportedly due to homeowners paying off more or their
mortgage, as well as lenders' demand for higher deposits.
According to analysts the figures are indicating the changes in the
property market and also make it clear that homeowners are changing
their behaviour, as it is now two years since equity was last
withdrawn from homes in the UK.
UK Interest Rates kept on hold for 16th consecutive month
The Bank of England has kept interest rates on hold for the 16th
consecutive month at the record low level 0.5%. They have also once
again decided not to inject any more money into the British economy
in terms of its policy of quantitative easing.
Cost of owning a home in the UK declining
The BBC reported that research by the Halifax found that the cost of
owning and running a home in the UK had fallen by 6% over the past
two years, largely due to the decline in mortgage payments.
According to the research, the average mortgage rate paid by
existing home owners fell from 5.8% in April 2008 to 3.67% in April
2010.
New confidence in buy-to-let market reported
The Financial
Times have reported that buy-to-let investment is re-emerging as a
credible investment.
Investors have
braced themselves for a huge hike in capital gains tax when the
coalition government came to power. Luckily, taxpayers only have to
pay a flat rate of 28 per cent on profits from the disposal of
properties, far from the rumors of 40 to 50 per cent that was feared
by many.
It is however
very difficult for many investors to get on the buy-to-let ladder,
as buy-to-let mortgages typically require a minimum deposit of 25
per cent. For those who are able to afford this, the key attraction
is the rising rents in these type of properties. According to some
analysts, there is going to be a huge shortage of property to rent
over the next couple of years, which will result in higher rental
yields. This view is also supported by property analysts who say
that there is a massive demand for rental property, but no new
rental stock being brought to the market.
Reportedly,
in some areas
rents have gone up by 10 per cent, but the cost of mortgage finance
is still only about 4.5%. The Financial Times reported Neil Young,
CEO of the Young Group as saying that they are seeing a 5 to 10 per
cent increase on rent renewals. It seems like the buy-to-let market
is once again becoming a credible investment, despite earlier fears
on capital gains increases.
Please
feel free to contact our Property department for more information.
Referring clients to Breytenbachs
At Breytenbachs, much of our business comes from existing clients referring
their friends, family and colleagues to us. We trust that your experience with
us was of the highest of quality and as such, we would greatly appreciate it if
you could pass on your kind words to anyone who you may think will be interested
in making use of our Property department’s conveyance services.
Please feel
free to contact the head of our Property department, Bridget Miller at
bridget@breytenbachs.com
Thinking of buying a
property ?
If you are interested in buying property in the UK and would like to
discuss your conveyancing needs.
Please feel free to
e-mail us for more information
Latest
Latest Immigration news
Date announced for implementation of English Language Test for partners
The UK Home
Office has announced that the plans to introduce compulsory English
language tests for non-EU citizens to come to the UK to marry or
join their settled partners will be introduced from 29 November
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.
Changes to Tier 4 Student Visas
The UK Home
Office has announced a series of changes to Tier 4 of the points
based immigration system, which include;
-
From
23 July 2010, the minimum level of English language course that will
be permitted under Tier 4 will be level B2 of the Common European
Framework of Reference;
-
From the same
date, existing Tier 4 students who want to change to a sponsor with
a Highly Trusted Sponsor license will be able to begin their new
course of study at their own risk, whilst awaiting the decision from
the UK Border Agency. Students who want to change to a A or B rated
sponsor are not permitted to begin their new course of study until
they receive a positive decision from the UK Border Agency.
Processes have been put in place to avoid unnecessary delays and
prioritise such applications.
-
Students who
receive international Baccalaureate qualifications awarded on 5 July
2010, will not receive their award certificates in time to apply for
university courses starting in September 2010. In order to enable
such students to apply under Tier 4, provisions have been made to
accept such applications.
Please
contact our offices for more information.
English Language Tests to be introduced for Tier 4 Students
The UK Home
Office has announced that from 12 August 2010, English Language
tests will be introduced for students under Tier 4 (General). If a
student will be studying a course below NQF Level 6, except for a
Foundation degree or an English language course, using a
Confirmation of Acceptance of Studies (CAS) issued on or after 12
August 2010, the Tier 4 sponsor must ensure that the student are
competent in English at a minimum level of B1 on the Common European
Framework of Reference. This can be done by showing that;
-
The student is
from a majority English-speaking country; or
-
Have
successfully completed a course as a Tier 4 (Child) student, or
under the old student rules while they were under 18 years old,
which lasted at least six months and ended no more than two years
before the date when CAS is assigned; or
-
Have
passed an approved English language test with an approved provider.
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.
Important announcement for those refused permission to stay based on the
maintenance fund requirement
The UK Home Office has announced that transitional arrangements and
remedies have been put in place, following a judgment in a case, The
State v Pankina.
Applicants under Tiers 1, 2, 4 and 5 of the Points Based System, who have been
refused permission to enter or stay in the UK due to the fact that they have
failed the maintenance requirement, may request a review of their cases. The
transitional arrangements have been put in place for migrants who submitted
applications abroad for entry clearance between 23 June and 22 July 2010
inclusive and those who submitted applications for leave to remain on or before
22 July 2010, whilst they had lawful status in the UK.
Applicants who submitted applications during these timeframes and who were
unsuccessful may request a review. Please contact our offices for more
information.
UK Ancestral Visas
Breytenbachs
has received a number of queries from clients about how the new
interim and proposed immigration limit will affect the Ancestral
Visa.
Fortunately,
the immigration cap announced by the Home Office at present refers
only to the Points Based Immigration System. Ancestral Visas are
outside the Points Based System. However it is certainly possible
that further restrictions will be announced, which could possibly
affect the ancestral category. We therefore advise all clients who
are considering applying for this type of visa, to do so as soon as
possible.
Ask the experts - Ancestral Visas
Question:
I am currently in the UK on an
Ancestral Visa. My brother wants to apply for this type of visa
during the next couple of months and we are worried about how the
immigration cap will affect his application. Can you assist in this
matter?
Answer:
Breytenbachs has received numerous
queries from clients about this issue.
Fortunately, the immigration cap announced by the Home Office at
present refers only to visas and permits within the Points Based
Immigration System. Ancestral visas are outside the Points Based
System. However,
it is certainly possible that further restrictions will be
announced, which could possibly affect the ancestral category and
therefore any applicant is advised to apply as soon as possible
Please feel free to contact our
offices for more information.
Cashkows - cash in your retirement annuities
Did you know that you can take advantage of a change to tax legislation
in 2008, which allows South Africans who now live permanently overseas
to en-cash in full, retirement annuities to which they contributed prior
to leaving South Africa.
CashKows will be pleased to help with the extraction and repatriation of
funds from your retirement annuity and where required, the complex
process to formally register your emigration in South Africa.
To discover what cash value you have locked in South Africa simply
register your details at the
following link
and we will undertake a comprehensive search of all insurance
companies and provide you with a FREE personal report, usually within
two working days, which provides details of all products / policies
which you hold, including retirement annuities. The report will
highlight fund values, any surrender penalties, the tax payable and our
fees to enable you to make an informed decision as to whether you
proceed and en-cash or not.
South African Clients
South African clients who
want to apply for their visitor visa can contact Breytenbachs Immigration CC in
South Africa for assistance. Contact them on +27 12 460 9959 or
send an e-mail.
Want to live and work in the UK?
Don’t take
a chance, we are specialists on top of all changes proposed by Home Office
and can advise no matter what your circumstance or where in the world you
are.
Follow this link to find out more about
our popular online evaluation form of your circumstances.
How are we doing?
At Breytenbachs we constantly aim to improve our services to ensure that
we give our clients the best service possible.
We value and appreciate feedback on your experience of our services, as
this will enable us to improve our services to you and others in 2007.
SA Immigration Online
Thinking of returning to South Africa? Need help to get your non-South
African spouse or partner a visa to live and work in South Africa?
Our South African affiliate
office will be able to assist you! Please contact Breytenbachs Immigration CC in
South Africa on +2712 460 9959 or alternatively,
you can visit our online
SA Immigration appraisal form.
By filling out this form, we can determine whether you will qualify for a
South African visa or permit and provide you with the best advice in your
individual case!
Our
expert South African immigration advisors are waiting to hear from you.
Springbok Supporters Club
The Springbok
Supporters Club is relaunching.
From July
2010 you can join the new UK Springbok Supporters Club. Save hundreds of pounds
through your membership. Be part of the united Bok supporters group at:
Twickenham, Murrayfield, Millenium Stadium and Landsdowne Road.
Pre-register for the new UK Springbok Supporters Club at
www.springboksupporter.co.uk
and win 2 tickets to your game of choice in November.
Be part of
the South African family in the UK! For more information please visit the
Springbok Supporter Club
website.
ZAUK Lifestyle Festival - 21 August 2010
A study was done on
cultures within the UK and it seems that where other cultures all tend to
stick to their own, South Africans have moved all over the UK and tend to
live among the British population rather than other Saffas (well that is
if you don't live in Wimbledon!)
So for one day ZAUK would
like to bring as many South Africans together as possible and at the same
time share our lifestyle with any British friends you would like to
invite.
On the 21st August we
will be hosting a South African lifestyle day where there will be 7's
rugby with top South African clubs, 2 fantastic SA Rock bands - Feral Sun
and Swarm who will entertain us with our favourite rock tunes, a chance to
win a car worth £8000 pounds with the Cross Bar challenge sponsored by
Breytenbachs, Watch SA vs All Blacks on big screen, SA stands, boeresport,
children's area, braais, potjiekos competitions, a disco in the evening
and much, much more. Tickets are now available but limited so book yours
ASAP. £10 per person and under 16 free.
This event will support
Peninsula 77 Round Table in Cape Town with their fundraising charity
efforts.
You won't want to miss
this one and it is only 30mins from London. Please visit
www.zauk.co.uk for more info.
Win a Car!
Win a car worth
8,000 pounds by competing in the Cross-Bar challenge at ZAUK's The
Lifestyle Festival - It's a SA thing! Prize is sponsored by
Breytenbachs.
More about this in
our July newsletter!
SPORT
London
South Africa RFC
'A sleeping giant of a
rugby club with strong South African ties and Premiership ambitions is
making waves in England’s lower leagues.
London South Africa (LSA) was established three years ago with the vision of
progressing from the canvas of the English club scene in the Surrey County
Leagues to the Premiership. They gained promotion in their first year and
followed that up with another promotion year, which saw them progress to London
4.' - Posted in Super 14
Follow this link for a video on the
club's activities or visit
their website for more details.
Breytenbachs is proud to support and legally assist the London South
Africa club and wishes them all the best in its journey through the
leagues of English rugby.
