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.

Bloomsberg is running a story about how the UK would refuse entry to Bill Gates, should he choose to move to Britain, now that he's given up work. It appears he would not qualify to live in the UK under the rules of the Government's new Tier 1 (General) immigration category. It's because doesn't hold a degree! The same thing goes for Michael Dell, should he decide to join Bill in early retirement.

Of course there are subcategories for investors and entrepreneurs under which these fellows might qualify, so there is hope. We might yet see Bill and Mike enjoying a game of lawn bowls in the rain or sitting by the seaside sharing a plate of fish and chips.

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.

According to a news update on the UK’s Border and Immigration Agency website today, the UK has given 11 countries, South Africa being one of them, until the end of the year to convince the UK why they should not impose stricter visa regulations on them.

For months the UK has been working on imposing stricter visa regulations and tightening their immigration system to decrease abuse of the system and to increase the flow of needed and sought after migrants into their country.

The changes implemented have included the introduction of dedicated Visa Facilitation Service offices around the world (4 in SA) that have been tasked with the role of collating the biometric date of all visa applicants.

According to the BIA website, this implementation has resulted in the collection of 2 million sets of fingerprints and also brought to light nearly ‘…3000 attempted identity swaps’, which has proved the system infinitely valuable in the strengthening of the UK’s borders.

At the end of June 2008 the UK introduced the first in its new ‘Tier’ immigration system (which works on a points based system similar to that used successfully by Australia) by implementing the new Tier 1 scheme and removing, amongst other visas, the HSMP, the Fresh Talent Working in Scotland Scheme, the International Graduate Scheme, Business Persons and Innovators.

It seems that the latest in their immigration clean up is the warning of requiring individuals from these 11 countries to apply for a visa to even visit this UK – thus increasing the amount of biometric data collected and decreasing the level of fraudulent activities, whilst at the same time increasing costs and drastically reducing free movement between SA and the UK.

The UK has undertaken a Visa Waiver Test against all non-European countries and reviewed them according to the levels of risk they pose to the UK in terms of illegal immigration, crime, security, etc. The results of this test have sadly shown that SA, along with the 10 other listed countries, show a strong case for the implementation of these visa regimes against them.

In order for SA not to be a part of this new visa regime they will have to show the UK government, over the next 6 months, what they can do and will do to reduce the level of risk they pose to the UK in relation to these criteria.

Border and Immigration Minister Mr Liam Byrne said:

‘The Government will now work with these countries over the next six months to reduce the risk they pose. If they are able to show evidence of change there will be no need to introduce a visa regime. No final decisions will be made until early 2009.’

A new system has been introduced which will help deal with Highly Skilled migrants entering the UK. 

Tier 1(General) replaced the Highly Skilled Migrant Programme (HSMP) on June 30 affecting those who want to immigrate to the UK as a general highly skilled migrant. In effect, Tier 1 (General) is similar to HSMP however it also has 3 sub-categories to become more understandable, Tier 1 (Investors), Tier 1 (Entrepreneurs) and Tier 1 (Post-Study Work). Overall this is part of the new five-tier points based immigration system.

The new ideology works on a points system not dis-similar to HSMP, depending on age, past earnings, UK experience, and education. A notable change from the old method is that Tier 1 appears to be stricter than before as the decision making is now more structured based and less open to interpretation.  There are also 2 added categories scoring points for maintenance requirement and the English Language requirement.

For four years, the UK has encourage skilled migrants and now the government hopes that this new, easier system will encourage people to consider the idea of working away from their home land.

There are many people currently talking with “authority” on the subject of South Africa and the upcoming changes to the Two-Year Working Holiday Scheme.  The only known fact at the moment is that the UK and South African authorities are currently in discussions about the matter.  No decision has been made whether or not South Africa will participate in the scheme.

The last changes we saw in the Two-Year Working Holiday Scheme were the ministerial statement of February 2005 restricting the total length of time that can be spent in employment to 12 months.

Currently the UK immigration system is undergoing an overhaul and we are seeing the implementation of a points-based system similar to those in use in Australia and Canada.  But what does this has to do with South Africans and the Two-Year Working Holiday?

The new points-based system is launched in a phased manner.  It consists of five tiers and sub-categories.  In November 2008 it is planned for the Tier Five subcategory, Youth Mobility, to launch.  The Youth Mobility will replace the current Two-Year Working Holiday Scheme.

The ground rules for the Youth Mobility Scheme are:

1. Each year the UK will publish a list of the countries that qualify for the scheme, together with the number of places on the scheme that they have allocated to each country.
2. A participating country will sponsor their nationals on the scheme, the said Government will either be automatically licensed to issue certificates of sponsorship or the country will be deemed as low risk and will be eligible for deemed sponsorship.
3. The migrant needs to be aged 18 to 30 and must be able to support themselves financially.  You will need to demonstrate sufficient funds for the first two months following arrival in the UK (£1600)
4. The migrant must have no dependent children;
5. Must not have previously spent time in the UK as a working holidaymaker.
6. Spouses and partners will have to qualify and obtain entry clearance in their own right under the scheme.
7. The migrant can enter the UK for a period of up to 24 months and can take lawful work for as much of their stay as they wish.

Transitional arrangements for the Youth Mobility Scheme:

• Migrants who have been granted entry clearance as a working holidaymaker and;
• Those who have already been granted leave to enter the UK for periods over six months as working holiday makers;
• Will be able to enter and re-enter the UK and complete their periods of leave.

The Smooth Group is aiming to accelerate a global conversation about the issues, adventures and challenges involved in coming to work in the UK with the launch of this fully social blogsite.

'People from all over the world are coming in droves to the UK to study and work. Some seek an exciting adventure, others look forward to a professional challenge. But whatever the motivation, all newcomers have much to learn and take on board before they arrive in the UK, "said Nerys Roberts, group commercial director, The Smooth Group. 'We've created our blog to be a virtual meeting place where people can discuss their plans, exchange tips and find out the latest news and expert information on UK immigration."

Immigration is always a hot topic with strong opinion on both sides.  All are welcome on the Smooth Group blog.  Brain drain, job market trends, immigration law and tips and hints on life in the UK are all bound to be discussed as are some of the more mundane, but important minutia of life (how do I open a bank account?).

Nerys Roberts  says, 'We encourage people to use our blog's comments feature. With it, you can talk to travellers from around the world and learn from their experiences.  We'll continue to post expert opinion and advice on visa and other immigration issues as they arise so that our blog will become a one-stop-shop for anyone thinking about coming to the UK for work.  We look forward to hearing people's views and opinions and are excited to become part of a global conversation.' 

In addition to the blogsite, The Smooth Group has a Facebook and is LinkedIn. Participating in these, two of the world's most popular, social networks adds value to the conversations taking place on the Smooth blog by providing a broad context and larger community.