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Changes to the Immigration Rules March 2012

Changes to the Immigration Rules

On Thursday 15  March 2012, a written ministerial statement was laid before Parliament outlining a number of new proposed changes to the Immigration Rules.

Most of the changes will come into effect on 6 April 2012. Some of the changes to Tier 2 will affect those who were granted leave after 6 April 2011.

The changes will now include the following:

Migrants under the points-based system

Tier 1 – high-value migrants

  • Closing the Tier 1 (Post-study work) route.
  • Introducing the new Tier 1 (Graduate entrepreneur) route.
  • Introducing new provisions for switching from Tier 1 (Graduate entrepreneur) or Tier 1 (Post-study work) into Tier 1 (Entrepreneur).
  • Renewing the 1000 place limit for Tier 1 (Exceptional talent) for each of the next 2 years.

Tier 2 – skilled workers

  • Limiting the total amount of temporary leave that may be granted to a Tier 2 migrant to 6 years (which applies to those who entered after 6 April 2011).
  • Introducing a new minimum pay requirement of £35,000 or the appropriate rate for the job, for Tier 2 general and sportsperson migrants who wish to settle here from April 2016 (with exemptions for those in PhD level and shortage occupation categories).
  • Introducing a ‘cooling-off period’ across all the Tier 2 routes. Tier 2 migrants will need to wait for 12 months from the expiry of their previous visa before they may apply for a further Tier 2 visa.
  • Introducing new post-study arrangements for graduates switching into Tier 2.

Tier 4 – students

Implementing the final set of changes to the student visa system that were announced in March 2011, including:

  • Extending the interim limit for sponsors that have applied for educational oversight and Highly Trusted Sponsor status and have not yet been assessed.
  • Introducing limits on the time that can be spent studying at degree level.
  • Tightening work placement restrictions.

Tier 5 – temporary workers

  • Limiting the length of time temporary workers can stay in the UK, under certain Government Authorised Exchange schemes, to a maximum of 12 months. The schemes affected are intern, work experience and youth exchange type programmes.
  • Allowing sportspersons who enter under the Tier 5 creative and sporting sub-category to undertake some guest sports broadcasting work where they are not filling a permanent position.

Changes in all tiers of the points-based system

  • Making curtailment mandatory where a migrant under Tiers 2, 4, or 5 of the points-based system has failed to start, or has ceased, their work or study with their sponsor. This includes cases where a sponsor notifies us, via the sponsor management system (SMS), that a migrant is no longer pursuing the purpose of their visa. The Rules will also set out the limited exceptions to mandatory curtailment.
  • Reducing the curtailment threshold (the level of leave you have left which means that we will not normally pursue curtailment) from 6 months to 60 days.
  • Increasing the funds applicants will need to provide evidence of, in order to meet the maintenance requirements for all routes in the points-based system. For Tier 4 and Tier 5 Youth Mobility Scheme the changes will come into effect on 6 April 2012. For Tier 1, Tier 2 and temporary workers under Tier 5 the changes will come into effect on 14 June 2012.

Visitors

  • The new visitor route will allow a small group of professionals, artists, entertainers and sportspersons who are invited to come to the UK to undertake short-term permitted fee paid engagements for up to 1 month.

Overseas domestic workers

  • Restricting all overseas domestic workers (ODW) to only work for the employer with whom they entered the UK, or whom they came to join.
  • Removing the right for all migrants under the ODW category to apply for settlement.
  • Strengthening the requirement for the employer of an ODW to provide evidence of an existing employer relationship, and introducing a requirement for agreed, written terms and conditions of employment to be produced, as part of the application for entry clearance.
  • Permitting all ODWs who have applied for leave to enter or remain on or before 5 April 2012, to continue to be treated under Immigration Rules in place on that date.
  • Restricting ODWs in private households to work for an employer who is a visitor to the UK. Permission to stay in the UK will be limited to a maximum of 6 months or the period of the employer’s stay whichever is shorter. Removing the current provision for ODWs to be accompanied by dependants.
  • Permitting ODWs in diplomatic households to apply to extend their stay for 12 months at a time up to a maximum of 5 years, or the length of the diplomat’s posting, whichever is shorter.

Sponsors

  • Introducing a Premium Customer Service for those A-rated sponsors in Tiers 2 and 5 who wish to apply and pay for a range of benefits. We will publish the full range of service benefits in due course. The service will launch in the 2012-13 financial year.

In addition to these changes, the government is also making amendments to the extension of leave to remain.

The Home Office also published 2 financial impact assessments: one on settlement and another on Tier 5 and overseas domestic workers, as well as a policy equality statement.

The written ministerial statement, impact assessments and the policy equality statement can be found on the Home Office website.

Chinese man convicted of running brothel network faces deportation

Chinese man faces deportation for running brothel network

 

A Chinese man faces deportation after being found guilty and sentenced to over 3.5 years for running a network of brothels across the south and east of England.

Kun Yi He, aged 39, of Hunters Road in Chessington, though formerly of Totteridge Road in High Wycombe, was arrested during a series of raids by our officers on suspected brothels and addresses linked to them in June 2011.

The raids were part of 1 of the biggest operations of its kind ever undertaken in the UK, involving around 150 of our officers and 8 different police forces targeting 13 addresses.

Investigations by our south east region criminal and financial investigation team identified Kun Yi He as the head of a network of 10 brothels across the south and east of England.

They included 5 addresses in Cambridge, 4 in Berkshire (2 in Maidenhead and 1 each in Slough and Wokingham) and 1 in Surrey (Godalming). All the brothels identified have since been closed.

Kun Yi He was found guilty of conspiracy to manage brothels on Monday 19 March following a 2 week trial at Reading Crown court.

Anyone from outside the European Economic Area (EEA) who is sentenced to 12 months years or more is automatically eligible for deportation on completion of their sentence.

Two other people charged in connection with the same conspiracy had already pleaded guilty to the same charges. Ai Ju Su, aged 35, of Abbey Barn Road in High Wycombe, and Manjit Singh, aged 35, of Knowl Hill, Maidenhead, will be sentenced at a later date.

IAS – Immigration Advisory Service immigration files to be destroyed

Former Immigration Advisory Service clients can retrieve their files until 28 May 2012

 

The Chief Registrar, Mr Registrar Baister, announced that any former UK Immigration Advisory Service (IAS) clients will be able to retrieve their files from the archives from now 27 February 2012 until 28 May 2012.

The announcement was made at the hearing of the Joint Administrators’ application for directions as to what to do with the files that were in the IAS archive at the time when IAS closed down.

The IAS was a free charity service that gave legal advice and representation to immigrants and asylum seekers in England and Scotland. From April 2009 until March 2010, the charity handled more than 24,000 cases. On 11 July 2011, IAS went into unannounced administration, blaming financial difficulties caused by government strangles attached to the  legal aid system. As a result thousands of immigrants awaiting the outcome of their immigration applications were left stranded without any legal advisers.

A statement released by Mr Registrar Baister stated, “If you are a former client of IAS and want to retrieve your file, pursuant to a court order made on 27 February 2012, you now have only until midnight on 28th May 2012 to make a request for retrieval.”

If former clients of the IAS  don’t make the request for the file within this time frame, any files held by IAS  will be securely destroyed. Former IAS clients are advised to contact the IAS immediately.

Any former IAS clients seeking immigration or asylum representation can contact us on 020 8401 7352 for an appointment. We are currently offering an expedited service to former IAS clients who have urgent circumstances. However; please note, for obvious reasons, we do not accept Legal Aid work.

Angelina Jolie doing incredible things for refugees

Angelina Jolie was thanked for ”doing incredible things” at the Woman in the World summit on 8 March by a Rwandan genocide survivor 

 

Angelina Jolie was thanked for ”doing incredible things” at the Woman in the World summit on 8 March 2012.

The 36-year-old actress – who is a United Nations Goodwill Ambassador – spoke about the plight of Somali refugees at the event at the Lincoln Centre in New York and was introduced by Rwandan genocide survivor Sandra Uwiringiyimana.

Sandra thanked Angelina for ”taking justice into her home and hands and doing incredible things,” with the actress appearing visibly moved by the touching introduction.

Angelina then went on to tell the story of Dr. Hawa Abdi, who runs a medical camp in Somalia which is now being overrun by militants. Angelina has been nominated for the Nobel Peace Prize for her exceptional work.

She said the story ”illuminates the nightmare of tens of millions around the world the internally displaced and the ones homeless within their homelands. It is, right now, Friday morning in Somalia. In a few hours, 400 human beings are about to become, once again, displaced.”

Other speakers at the three-day summit include politician Hillary Clinton and actress Meryl Streep.

Eric Pickles – says Immigrants Must Speak English ‘Like A Native’

Eric Pickles: Immigrants Must Speak English ‘Like A Native’

 PA

Immigrants who fail to learn English “like a native” risk becoming part of an unemployable “sub-class”, says communities secretary Eric Pickles.

Pickles, who recently published a new strategy on integration, said language skills were vital, and promised £10m to encourage teaching.

“In terms of wanting people, encouraging people, to be part of British society, they can’t do that unless they have more than an understanding of English,” he told The House magazine.

If we don’t get our resident population with an understanding of English, then they become a sub-class that is virtually unemployable, or are stuck in a ghetto. We should not be turning people out of our schools who aren’t able to speak English like a native.”

Shadow communities secretary Hilary Benn criticised Pickles’s choice of words.”Eric Pickles should be thinking of practical ways to ensure that anyone settling in this country is able to speak English rather than talking about sub-classes and ghettos,” he said.

Eric Jack Pickles (born 20 April 1952) is a British Conservative Party politician. Pickles was appointed Secretary of State for Communities and Local Government of the coalition government headed by Prime Minister David Cameron on 12 May 2010.

He was the Chairman of the Conservative Party until being replaced by Baroness Warsi in May 2010 and has been Member of Parliament for Brentwood and Ongar in Essex since 1992. He was Co-Chairman of the Joint Committee Against Racism between 1982 and 1987.

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