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.

The National Business Review is reporting a story about extending working holidays in the UK for Kiwis. 

From next month young New Zealanders heading to Britain will be able to work there for two years, Prime Minister Helen Clark announced today.

At present they can go to the United Kingdom for two years under a Working Holiday Visa which allows them to work for one year of their stay.

From November 27 there will be a new visa category under the Youth Mobility Scheme allowing them to work for the whole of the two-year period.

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.

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 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 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.

Did you or somebody you know have a Highly Skilled Migrant Visa (HSMP) before the changes came into effect 7 Nov 2006?

Did you or your friends perhaps leave the UK because you did not qualify to extend your HSMP or the application was refused under the then new rules and 75 points requirement?  Then we have very good news for you!

According to the HSMP Forum Ltd Judicial Review (JR) Judgement of April 2008 you are eligible for a free review of your application or you could apply for the new Tier 1 (General).  The review / application will be decided under the pre 7 Nov 06 HSMP rules!

Both Categories A or B qualify:
Category A - you applied for and were refused an extension of stay under the revised HSMP requirements introduced on 5 Dec 06, and subsequently left the UK.

Category B – you left the UK after 7 Nov 06 without applying for an extension of stay under the revised HSMP requirements introduced on 5 Dec 06.

For guidance on how to apply for reinstatement as a highly-skilled migrant click here

Recruiter has reported the launch of this sparkly new blog and emphasised its benefits to both recruiters and the lovely folk we call our customers.

Smooth Landings has launching a new online 'Job Spot' putting travellers in touch with leading UK recruiters before they leave home, or on arrival. To register, click here.

"We want our members to make the most of their time in the UK and the Job Spot is designed to do just that," said Angela Lansdell, Immigration Advisor for the Smooth Group. "The Job Spot is a quick and easy facility where people can upload their resume before they arrive in the UK. It gives recruitment companies access to their information to assess their qualifications and skills, and hopefully our members will have interviews lined up on arrival."

This secure site allows travellers to drop their resume (CV) into one online basket for a variety of recruitment companies to peruse. It’s easy to register with the site and upload your resume. Individuals must register with Smooth Landings before they can use the service and job seeker information is only available to Smooth Landings’ recruitment partners who regularly review the site and contact the travellers directly.

“Moving to work in the UK is an exciting adventure, but there is much to learn and to organise before arriving,” said Angela Lansdell. “Travellers can trust Smooth Landings to be the perfect partner to make sure their arrival is hassle-free, so they can make the most of their time in the UK.”

Here's another report about an employer getting stung! An Indian man has been arrested on suspicion of working illegally at a supermarket and his employer now faces a potential fine of up to £10,000.  Police arrested the man on suspicion of working illegally at Kooner's Supermarket, in Plumstead High Street, on July 18.

It's every employer's responsibility to ensure those they employ have the right to work. Don't take the chance. Be sure to check eligiblity.

The story that first broke in April about a High Court ruling that allowed migrant professionals back into Britain is still rolling in the Indian media, mainly because that country has so many professionals affected by the change in law.

The Economic Times reports thousands of Indian professionals are rejoicing with the news that they can return to the UK after the High Court ruling. The professionals had emigrated to the UK under the old HSMP (highly skilled migrant programme), but when the new points-based system was applied, in November 2006, more than 5,000 professionals – mostly Indians – had to leave the UK because the new rules were to be applied retrospectively.

In April, the High Court ruled the retrospective application of new rules was unlawful, so the professionals can return to the UK and resume their lives. One area that had a particular impact was stricter extension tests on permits. But migrants already in the UK, whose extensions were refused after the November 2006 changes came into force, will not have to pay another application fee again for a review of the decision under the old HSMP criteria.

The home affairs committee is conducting a review into the new points based immigration system that should be published by the end of this year.

The UK government has announced the latest development in the clean-up of immigration policy. Individuals wishing to apply for citizenship will not only be required to meet mandatory requirements such as proving their English language ability, but they will also be required to ‘… pay a little extra before they become citizens.’

Border and Immigration Minister Mr Liam Byrne said:
"Britain is not anti-foreigner, we're a welcoming, tolerant place. But we do expect newcomers to sign-up to a deal if they want to stay and build a life in Britain.

"The public overwhelmingly supports the idea of newcomers earning their right to stay. Today we show how we'll make these ideas law, hand in hand with our new points system for selective migration, like the one that's worked so well in Australia."

A poll carried out by the Home Office revealed UK citizens were overwhelmingly in favour of would-be citizens ‘earning the right’ to stay in Britain as well as being required to learn English. The majority also agrees that those who commit offenses and don’t adhere to UK law should be penalised on their route to UK citizenship.

What this means in a nutshell is:

1. Powers for the border officials to cancel visas.
2. Tougher civil penalties for those who bring passengers to the UK without the correct     documentation.
3. Imposing a clear legal duty on individuals to ensure they have the correct permission for their trip to the UK.
4. The power to expel those without permission.
5. Migrants will need to earn the right to remain in the UK.
6. Expulsion of individuals who do not adhere to UK law and automatic bans on their return. Those who are expelled and later allowed to return could be require to repay costs to taxpayers.
7. The possibility of large 'bail bonds' for those awaiting decisions or expulsion.
8. Civil penalties for employers who employ illegal workers without making the necessary checks – i.e. for employers employing individuals on Work Permits.
9. A simpler appeals system to ensure that the needs of vulnerable groups are respected: honoring international obligations to refugees and ensuring the UKBA safeguards and promotes the welfare of children.
10. Citizens and permanent residents will have full access to benefits whilst migrants will contribute a little extra to the cost of local services.

Personnel Today is reporting that campaigners are celebrating the UK government's climbdown on HSMP requirements.

In November 2006, the criteria for receiving an HSMP visa to work in the UK were toughened. Campaign group, the HSMP Forum, claimed the government acted unlawfully by making skilled migrants already in the UK under the scheme apply for extensions under the new laws and earlier this year the High Court agreed.

Now the Home Office has updated its policy, implementing the High Court ruling and allowing migrants sent home due to the changes to reapply for their visas.