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.

We noticed a recent blog post by a chap called Simbsi who is wondering why he can't find a job because he can't convince any employer that his visa is valid.

He says, "I have been back since the last 2 months (no wait nearly 3 months) and I still haven’t found a job. It is really frustrating having to play the waiting game when you know that your visa expires in the second quarter of 2009 (the first month of the second quarter though it can be extended for a further year). It sucks even more when one has to go to all the agencies and to convince them that you can work...Why the hell did the government create the IGS (1 Year) and replace it with the PSW (2 Years) when it doesn’t even bother educating the stupid people out there?"

It seems that Simbsi is in the UK under the IGS (International Graduate Scheme).  This allows him to work unrestrictedly for a period of one year.  To qualify for the IGS you need to obtain a degree in the UK.  While studying you have a student visa then switch to IGS once they are finished the degree.   

Then, while on the IGS, you can earns enough money to qualify for the Tier 1 (General) requirement after a year or impress your employer enough to convince them to sponsor you for a work permit.

Under the new Points Base System this IGS category is Tier 1 (Post Study) and it's now issued for a two-year period.  Those currently under IGS can move over to the Tier 1 (Post Study) and extend their stay with a further year.  If you hold IGS / Tier 1 (Post Study) visa, you can work unrestrictedly, so you can do contract/locum work too.

Most employers are not expert in immigration issues and can't be expected to know all the rules.  They see the expiry date on the visa, and jump to an obvious conclusion.  

Simbsi should print off the info on the BIA website where it explains the new rules and that he can work unrestrictedly to show to prospective employers.

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.

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