How 2 Come to the UK
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James Bond style spy gear used to cheat immigration test
Telegraph.co.uk, 14/11/08

White, British, need a job?
NorthWestNationalists, 16/11/08

'Economic benefits of mass immigration are close to zero',  Lords told
Mail Online, 15/11/08

‘Sneak’ plan for mandatory ID cards
Times Online, 16/11/08

Five suspected illegal immigrants arrested in raid on Exeter
thisisexeter.co.uk, 16/11/08

By resisting the repression of migrants, we defend the freedom of everyone.
No Borders South Wales, 11/11/08

UK rules on immigration fuel concerns for seafarers  
Lloyd's List, 14/11/08

Chinese restaurant owner faces £15k fine
EADT, Suffolk & Essex, 13/11/08

Home Office rules means 200,000 fewer jobs for migrant workers
LONDRA Gazete, 13/11/08

INDUSTRY BODY CLAIMS THAT RULES WILL CAUSE SHORTAGE OF SKILLED WORKERS
Caring Business, 13/11/08

Migrant builders threat to Olympic 'skills legacy'
Evening Standard, 13/11/08

College welcomes fingerprint plan
THE SHIELDS, Gazette, 12/11/08

Migrants and the UK's shortage occupation lists: legal dilemma
personneltoday.com, 13/11/08

How SA expat taxes stack up with the rest of the world
MONEYWEBTAX, 13/11/08

The UK Border Agency has announced that the retired persons of independent means route to enter the UK will be no longer be available as of 27 November 2008.

This route to the UK is seldom used, figures from the UK Border Agency show that less than 20 applications are received in this category each year.

In February 2008, UK immigration regulations began enforcing a new regime of fines on employers found to be employing migrants without official permission to work.  UK Border Agency officials may now issue on-the-spot fines to employers of up to £10,000 per unauthorised worker – a measure which has been accompanied by a series of highly publicised immigration raids on workplaces. The new regime has led to a huge increase in demands on the part of employers for passports and other identity documents from their workers.

PAPERS PLEASE is the first attempt to look at the impact of this new regime on migrant workers themselves.  Based on interviews with migrants affected by the changes, trade union officials, and employer associations, it identifies worrying trends towards discrimination and an increase in tensions in workforces where migrant workers are present.

PAPERS PLEASE relates these developments to wider concerns about increases in the vulnerability of migrant workers to exploitation and the erosion of basic employment rights.  It calls for civil society organisations to better engage with the range of problems emerging in this troubled area, and for determined efforts to counter the effects of discrimination and the abuse of power.

Download a free copy of PAPERS PLEASE from MRN’s website

For a free copy of the published report, within the UK, send an A4-size SAE with a 56p stamp to ‘Papers Please’ report, Migrants’ Rights Network, 253 Upper Street, London N1 1RY.

For delivery outside the UK, or to inquire about receiving multiple copies of the report, email info@migrantsrights.org.uk to inquire about terms of delivery.

Personneltoday.com has reported that a government adviser who helped create the new points-based  system has advised employers they won't be able to bring in non-EU migrant workers unless they also demonstrate their efforts to train UK workers.

The UK’s Border and Immigration Agency recently announced that the next step in their immigration overhaul is due to be implemented on the 27th November 2008. What this will mean is that the long awaited Tier 2 – the points based system’s ‘flag ship’ Tier – and the Tier 5 schemes will come into operation on this date.

The Tier 2 scheme will replace the current Work Permit scheme which is in place to enable employers to utilize foreign workers in positions which they struggle to fill with resident workers. The Tier 2 application will still require a UK based employer and the role and candidate will still need to pass a ‘resident labour’ test, amongst other things, in order to qualify for the scheme. A major difference between the Work Permit and the Tier 2 application is that the employer is expected to play a much more active role in the employment of their foreign nationals and ensuring that they abide by their visa regulations.

A company wishing to employ a foreign national must be in possession of a valid certificate which enables them to employ foreigners in the first place. Employers can obtain this certificate by meeting certain requirements and making an application to the Border and Immigration Agency.

The Tier 5 scheme is a scheme designated to attract low skilled temporary workers to the UK and will replace the current and vastly popular Working Holiday Visa (WHV) to the UK. The Youth Mobility Scheme (YMS) will now be available instead of the WHV, but the question still remains as to whether or not countries like South Africa will be afforded the opportunity to utilise the YMS scheme under the Tier 5 application.

The new Business Visitor visa will also be introduced on the 27th November 2008 to those wishing to travel to the UK for short business trips. Residents from non-visa national countries (of which South Africa is currently one) will not need to obtain this visa prior to entering UK as it will be issued on arrival by the customs official at the port of entry. This Business Visitor visa will enable business persons to enter the UK and undertake tasks such as conferences, securing deals, undertaking fact finding missions, conducting site visits, etc during their time in the UK on this visa.

A Liverpool Daily Post article written by Paul Edwards reported that British cricket clubs have been warned to abide by new immigration laws and apply for a sponsorship license to employ overseas players or face prosecution. The article was published on 13 October 2008 and is not available online but can be seen below:

OFFICIALS OF cricket clubs intending to employ overseas players in 2009 will risk prosecution if they do not abide by new regulations introduced by the Home Office.

The Managed Migration System replaces all the current means by which cricketers come to the UK and introduces three categories for applicants. The first of these, Tier 2, will be used solely by the first-class counties, but the others, Tier 5 and Sports Visas, are specifically designed for recreational clubs such as those in the Business Assistance Liverpool Competition.

Tier 5 is for professional players who will need to have played five first-class matches in the previous 24 months and will also need to possess, or be in the process of getting, a Level II coaching qualification.

Clubs wishing to employ such a cricketer will need to get a Licence of Sponsorship from the Home Office, which will ultimately allow the player to apply for a biometric Visa from the British Embassy or High Commission in his home country. Such applications may, of course, still be turned down on security or other grounds.

Licences will cost £400 and will last for four years. Sponsoring clubs will need to supply evidence of ECB support, copies of club accounts plus insurance and other documents with their application. The new licences will also be player specific - if a club changes its professional, a new application, costing £10, will have to be made.

The new regulations may sound dry and predictably bureaucratic. But such is the Home Office's desire to control immigration more tightly, that it has been made clear that heavy fines or even possible imprisonment await officials who bring in or employ "migrant workers" without proper documentation.

The Sports Visa method of entry is simpler and it is anticipated that it will be adopted by most recreational clubs. Under the system, players who can prove that to the Embassy or High Commission that they are not professional cricketers will be able to apply for a Sports Visa to play for a specific club. These will cost £65 and it is understood they will be available from countries decribed by the Home office as "low risk" such as South Africa, Australia and New Zealand.

Despite the new visas being intended for amateur sportspersons, it will still be permitted for such cricketers to be paid for their services and most first-grade Australian players, for example, would be included in this category.

Both systems place considerable administrative burdens on club officials, but Neil Edwards, Secretary of the League Cricket Conference and an authority in the field of employing overseas cricketers, feels that the impact will be "quite positive".

"Under the new system, it's quite clear what clubs have to do," he said.

It's quite clear what clubs have to do.

The VNN Forum has reported on a recent announcement by the European Parliament that the proposed European Blue Card scheme for skilled immigrants will need to pass a crucial vote in the Civil Liberties Committee in early November.

Personneltoday.com has reported that campaigners have officially filed for a second judicial review against the Government's handling of changes to the Highly Skilled Migrant Programme (HSMP). They claim that the Government has not done enough to adhere to the terms of a judgement made by the High Court in April 2008.

Employers...find out everything you need to know about Tier 2 and applying for your sponsor licence with our upcoming seminar.

November marks the start of Tier 2 of the new Points Based Immigration System that requires all employers who fill positions with migrant workers to be Sponsor Licence holders on the Employers A list. Due to a lack of awareness about the new process, only 237 UK employers have completed the application stage.

Don’t let the deadline pass you by and affect your ability to hire migrant workers to fill positions in your company. Join us at our morning seminar when we will go through the new Tier 2 requirements so that you can get a head start with your application.

WHERE: Tower 42, 25 Old Broad Street, London, EC2N 1HQ, www.tower42.co.uk
WHEN: Thursday, October 16th 2008, 0800am - 11.30am

Cost per ticket is only £65 + VAT per delegate so book your place soon. To book please call Rebecca Hall on 07870 250 854.
 
Topics will include:
    * Overview of the New 5 Tier Points Based System
    * Tier 2 and gaining a Licence, Application Process and what are the Hurdles?
    * The changes in UK immigration

We look forward to seeing you all there!

Perez Hilton has commented on the recent events surrounding Busta Rhymes being detained by UK border officials in a London airport when he travelled to the UK to appear at a charity gig.

Don’t miss out on our Immigration Seminar, 3 October, focusing on the new requirement for employers to have a Sponsor’s License to engage foreign workers. Your clients could find themselves at a disadvantage by not taking action now to secure their Sponsor’s License.

Give yourself the competitive advantage by being clued up about the new immigration requirements and safeguard your clients’ hiring capacity.

Our morning seminar on Friday, 3 October will give you an expert view on:

    * The new 5 Tier Points Based Immigration System
    * Tier 2 - Applying and gaining an Employers License
    * Review of the changes in UK Immigration

Tickets: £65 + vat per delegate. Group discounts available.

Venue: Tower 42, 25 Old Broad Street, London, EC2N 1HQ Time: 08:30-12:00.

To reserve your ticket, please call Rebecca Hall on 07870 250 854. Places are restricted so please book your tickets now to avoid disappointment.

The BBC has reported the unveiling of the first identity cards from the Government's controversial  national scheme.  Home Secretary Jacqui Smith said it will allow people to easily and securely prove their identity. The cards will detail the immigration status of the individual and will be distributed initially to non-EU students and marriage visa holders from November.

Let us know your views on the identity cards by commenting below.

Immigration and world permit news has repoted that the UK Border Agency published statistics showing the number of Eastern European immigrants coming to the UK is continuing to decrease. This can be good news for non-EU nationals hoping to live and work in the UK. Fewer Eastern European immigrants in the UK could mean improved labour market prospects for third country nationals.

Computer weekly have reported immigration lawyers and industry bodies predict that employers will NOT find it harder to get the IT skills they need when new immigration rules come into force in November, despite IT skills not being included on a new list of "shortage skills".

Personneltoday.com is reporting results of a survey carried out by PriceWaterhouseCoopers showing 88% of 170 HR Directors polled are yet to apply for a sponsorship license to employ non-EU migrant workers. The UK Border Agency can only guarantee applications received by 1 October, 2008 will be processed in time for the introduction of the new points-based system in November.

The UK government is strengthening borders and attempting to simplify immigration and Citizenship law.  The emphasis will be on immigrants earning their citizenship and employers following the correct procedures.

Tier 2 will be the flagship of the new system and replaces the current Business and Commercial Work Permit scheme. It is designed for employers who directly employ non-EU members on a full time basis and its launch is planned for the end of November 2008. All employers who wish to sponsor non EU nationals with work permits after this date will have to register as a sponsor with the BIA.

When an employer is looking to recruit highly skilled migrants working on contract basis the Tier 1 (General) is the scheme to choose. With the Tier 1 the migrant is the applicant and the permit is therefore not issued to the employer but to the individual. Tier 1 migrants can word unrestrictedly in the UK. The Tier 1 scheme is fully launched and operational and includes some subcategories for example, the Post Study Group which is designed for UK graduates.

However, to date only 150 companies are registered with the BIA which is far less than the expected 20,000. With the launch date around the corner timescales are a concern for all parties involved. The present procedure of site visits to all potential sponsors is very time consuming for the BIA and because of this there could be a backlog in the Government process delaying the granting of Sponsor's Licenses.  This would put employees at risk if they require a renewal of their permit or visa.

The onus is now on employers to ensure their organisation adheres to the UK immigration controls. Put simply, they need to know the following:

• On or after the 29th February 2008, it is the responsibility of the employer to check employees entitlement to work (including UK citizens) before commencing employment
• Employers must take reasonable steps to check that employees entitlement documents are valid and that copies are kept
• Employers are required to register and apply for a Sponsor’s License. They will then be awarded either an A or B rating
• Under an “A” rating the sponsor will be able to issue a certain amount of licenses or Certificates of Sponsorship (work permits or inter company transfers)
• A “B” rating is issued when the sponsor doesn’t meet the full criteria and an action plan is set in place to enable the employer to move up to the A rating, or they fail to register as a sponsor

Without this Sponsor License employers will be unable to employ migrants, visa or permit holders and foreign students.  They are required by law to comply with the Government regulations in order to sponsor and employ non-EU nationals.  The awarding of an "A" or "B" rating will affect the organisations current and future employment of all non-EU nationals.

The suitability criteria for a Sponsor's License are:

1. That an effective HR system is in place
2. The sponsor has not been given civil penalties for Immigration offences
3. The Authorizing Officer, Level 1 user and Key contact person in the organization have no criminal convictions
4. BIA has not evidence of previous non-compliance

The Government argues that organizations that directly benefit from migration should play their part in ensuring that the system is not abused. The sponsor organization is therefore responsible for record keeping duties, reporting duties, complying with the law and co-operating with the BIA to:

1. prevent abuse of the assessment procedure
2. capture early any patterns of migrant behavior that may cause conce
3. address possible weaknesses in process which can cause those patterns and monitor compliance with immigration rules.

The Government has also updated regulations of Tiers 4 and 5.  The Tier 5 Youth Mobility Scheme will be launched in November 08. The Youth Mobility will replace the current 2 Year Working Holiday scheme and does not include all the nationalities currently taking part in the Working Holiday Scheme.

Tier 4 will replace the current student visa scheme and is scheduled to launch in spring 2009, serving as a new immigration route for persons wishing to study in the UK. Educational institutions, will be required to act as sponsors and can apply now for their sponsor license. This will be required to enable these institutions to offer places to foreign students from Spring 2009. This license issued to the educational institute will be very specific in terms of tiers and routes, and the institution will be required to report students who do not meet their visas rules.

Failure to comply with these new immigration rules could result in a civil penalty and prosecution if employers are are found employing an illegal worker. 45 such employers have been issued with notices of liability and penalties differ between imprisonment, £5,000 and £20,000 depending on number of illegal workers found.

Are you worried these issues affect your organisation? Do you currently employ non-EU nationals and aren’t sure what to do?  Don’t panic, The Smooth Group is here to Make Life Smoother and ensure a smooth path to your sponsor registration and license application.  We have a full in-house Training Solution which includes entitlement checks and guidance notes. We want to to help you get that A list rating and ensure you are not liable for penalties under the new legislation.

BBC News has reported on the list of UK jobs likely to be available to workers from outside the EU and how it will effect various industries.

Rediff India Abroad has reported that surrey-bound Pakistan pacer Shoaib Akhtar was sent home by UK immigration officials after arriving in Heathrow without a valid working visa.

The Institute for Public Policy Research's (IPPR) Economics of Migration project has released it's first working paper. The project aims to improve understanding of the economic impacts of migration in the UK, and how policy should respond to that migration in order to maximise its economic benefits, and minimise its costs. The paper underlines the importance of looking at migration’s longer-term impacts in local areas, as well as its short-term effects.

The UK Border Agency has announced that from 25 November 2008 they will begin to issue identity cards to foreign nationals applying for further leave to remain in the United Kingdom under certain categories. The first cards will be issued to migrants applying as:

• A student; or
• The husband, wife, civil partner or unmarried partner of someone holding permanent residence in the United Kingdom.

From November 2008, fingerprints and facial images will be captured at six centres around the UK as part of the process of making a decision about an individual's right to be in the country.

The card provides evidence of the holder's nationality, identity and status in the UK. It will provide information that will help public agencies; employers and educational establishments understand the migrant's entitlements more easily.

Employers will be able to see the card which will detail applicants entitlement to work, study or access public funds.

When a foreign national, who has already been granted further leave to remain and is issued with an identity card, returns to the UK, they will be required to show their identity card at the border together with their national passport to confirm their immigration status.

By 2014-15 90% of foreign nationals will have an identity card.

In 2010 voluntary identity cards will be offered to young people and in 2011-12, voluntary identity cards will be offered to large numbers of the British public.

The identity card will help businesses:

• Reduce administrative burden.
• Make it easier for employers, sponsors and others to check entitlements.
• Ensure those who are here illegally do not receive benefits and other privileges of living in the UK.

For the individual it will make it easier to:

• Provide proof of their right to live in the UK .
• Prove their identity safely and quickly wherever and whenever this is required.
• Get a job - as potential employers can use the card to check future employees identity and employment status quickly and easily.

Intellegal has reported the UK Home Office's announcement of two new visitor visas for Sports people and entertainers, allowing people who fall under these category to visit the UK for up to six months. 

Immigration and work permit news has reported that the UK Border Agency has published statistics showing the number of Eastern European immigrants coming to the UK has continued to decrease. This can be good news for non-EU nationals hoping to live and work in the UK. Fewer Eastern European immigrants in the UK could mean improved labour market prospects for third country nationals.

This Bucks Free Press article written by Andy Carswell demonstrates the implications of neglecting to make the correct work entitlement checks using a recent example of a Burnham High Street restaurant.

This Telegraph.co.uk story by Christopher Hope uncovers the truth about the rising influx of foreign workers to the UK, according to new figures obtained by Tory MP James Clappison.

To tackle forced marriages for young people, the UK government's Home Office has introduced stringent new rules on marriage visas.

The minimum age at which foreign nationals can apply for a  UK marriage visa is to rise from 18 to 21. This is aimed at preventing girls and young women, mainly from Asian countries, from being pressured into marriage – sometimes to older relatives or strangers – in order to obtain residency in the UK.

The move comes after a two-month consultation by the government into ways of preventing forced marriages. Under the new rules, anyone abusing the marriage visa system will be removed from the UK. The UK Borders Agency has a new power to revoke people's right to stay in the country. Spouses will also be asked to sign an agreement that they learn basic English.

There will also be checks that people are entering the country on marriage visa are doing so of their own free will.

Also, Britons will have to register their plans to sponsor a marriage visa – and name the prospective partner – before the leave the country, to clamp down on pressure into marriage while overseas.

Border and Immigration Minister Liam Byrne said : 'British citizens have the right to marry whoever they choose. But we want newcomers to succeed in our society and sign-up to the standards we have in common. That means freedom, not being forced to marry someone, and it means newcomers quickly acquiring a command of English, with consequences for those who break the rules.'

Critics say the move discriminates against immigrants and threatens to keep those in real and happy marriages apart. But the government argues it is protecting vulnerable people.

In 2005, the Home Office said 5,140 people under 21 entered the UK either as spouses or for marriage – 35 were aged 16 and 60 were aged 17. A phone line set by the Home Office to help young people escape unwelcome marriages receives 5,000 calls each year, 100 are from children and some are as young as 13. Nearly a third of the cases dealt with involved people aged 18 to 21.

The marriage visa route can be abused. In 2006, 47,000 people entered Britain as a spouse or fiance(e), more than double the number a decade earlier.

 

The UK Government introduced a Certificate of Approval application and process in an attempt to prevent so called “bogus”, “sham” or “marriages of convenience”, allegedly entered into for the purpose of securing an immigration advantage.

But it's been found to be unlawful in the Court of Appeal.  The Home Office has appealed to the House of Lords against the Court of Appeal judgement, and the  recently Lords gave their judgement, but it's not been made public yet. The Home Office is now considering the Lord's judgement and will post its conclusions on its website once they've decided how to proceed. Until then, the Home office has amended the Certificate of Approval scheme to comply with current requirements.

Click here to read more.