Cap on skilled workers kept at 20,700
The Home Office has announced that the annual limit on skilled workers will be held at 20,700 for the next two years. The minimum skill for an occupation to qualify for a Tier 2 visa will also be increased from 14 June 2012.
The limit on non-EEA workers was undersubscribed over the last 12 months but the Home Office has chosen to fix it at the same level for two years to provide consistency for businesses and employers.
Further, the minimum skill level for Tier 2 migrants – including Intra-Company Transfers – will be increased from NQF leve 4 to NQF level 6 with effect from 14 June 2012. There will be limited exceptions to this rule for occupations on the Shortage Occupation List and certain creative occupations.
June will also see the rules relaxed for higher-salaried and PhD level positions in relation to the Resident Market Labour Test (RMLT). The RMLT requires the vacancies be advertised to the UK labour market for four weeks before they are offered to applicants from non-EEA countries. From 14 June the following changes will apply:
- jobs paying over £70,000 a year and specified PhD level occupations will have to be advertised, but not in Jobcentre Plus.
- Sponsors/Employers will be able to chose the best candidate, regardless of whether they are a resident worker, for vacancies in ‘PhD-level’ occupations. This is a change from the current Resident Labour Market Test requirement where a suitably skilled settled worker must be selected.
- For PhD-level jobs only, the period for which the Resident Labour Market Test is deemed to have been satisfied (other than under the milkround provisions) will be extended from 6 months to 12 months. This provides sponsors a longer window to find candidates owing to the likely specialised nature of the vacancy.
The complete details of the changes, including the updated list of occupations skilled to NQF6, can be found in the Statement of Intent and Transitional Measures: Tier 2 of the Points Based System.
The Home Office and UKBA press releases noted that the ‘reforms will continue to restrict the ability of lesser skilled workers to enter the county’. The Home Office release said:
‘As part of a move to ensure only the best migrants can work in the UK the skill level required by migrants who wish to work in the UK will also increase, meaning that jobs such as IT technicians and security managers will no longer be open to migrant workers, but highly-skilled occupations such as architect, teacher or chemical engineer will still be available.
‘At the same time we are making it easier for businesses by relaxing the rules and reducing bureaucracy for companies who are advertising highly paid and PhD-level jobs.’
The other requirements for skilled worker visas, such as working in a graduate level job, speaking an intermediate level of English and minimum salary requirements will continue to apply
A new citizenship test for 2012
Are you wondering what has happened to the new version of the citizenship test promised by the government? Some time ago, way back in October 2011 in fact, Prime Minister David Cameron announced in a speech on immigration that the government were ‘going to change the British citizenship test.’ He went as far as to provide a few details on what kind of changes would be made. Mr Cameron said, ‘there’s a whole chapter in the citizenship handbook on British history but, incredibly, there is no question on British history in the actual test. ‘Instead you’ll find questions on the roles and powers of the main institutions of Europe and the benefits system within the UK. (more…)
English language test requirements increased for Tier 1 and 2 From April 2012
Tier 1 and 2 migrants will not be eligible to apply for leave to remain until they have passed an accredited English language test. The UK Border Agency (UKBA) are removing the provisions from the Immigration Rules that currently allow applicants to apply before they have taken an English test. The change will come into effect on 6 April 2012. The UKBA state in their press release that these provisions were originally brought in to allow migrants to make their applications in good time before the availability of English language tests was confirmed. Since these provisions were introduced the UKBA feel that the availability of accredited English language tests has increased and that the supply now matches the demand. This means that the UKBA feel that migrants can now take an English language test in good time before having to make an application for leave to remain. As the rule only comes into effect on 6 April 2012 any applications made before that date do not need to be accompanied with evidence of passing an approved English language test. You will still need to pass the test before you application can be approved, if it is one of the requirements for your visa. Any applications received after the 6 April 2012 must be accompanied by evidence that you have passed an approved test or they will be rejected.
Immigration expected to fall because of economy, not policy
A report, published on New Year’s Day, has predicted that net migration will fall by tens of thousands this year. However, the report also suggests that this fall will be the result of economic conditions and not government policy. The report, Migration Review 2011/12 was published by the independent think tank, the Institute for Public Policy Research. The predictions made in the report (detailed below) include that net migration will fall to 180,000 in 2012 but the report is also highly critical of the impact the Coalition’s policy changes will have on this. (more…)
Appealing immigration and asylum decisions from 19 December 2011
From today, the UK government’s Ministry of Justice is introducing new fees for some asylum and immigration appeals, and changing the way customers can submit their appeals. This new policy reflects the government’s view that users of the appeals system, who can afford to pay, should contribute to the system’s cost. Fees of £80 for a paper consideration and £140 for an oral hearing will be applied to appeals against decisions taken on or after 19 December 2011. These are low-level fees that should be affordable for people who are required to pay. The proposed fees are not set at full cost recovery, but only recover around 25 per cent of the full cost of administering the appeal system. The government considers that it is an appropriate balance between low, affordable fees which enable access to justice, and a meaningful contribution towards the costs of the Tribunal. Applicants who appeal decisions dated 19 December 2011 or later from outside the UK will be required to submit their appeals directly to the First-tier Tribunal (Immigration and Asylum Chamber) in Leicester and will no longer be able to send them to the visa application centre overseas that made the initial decision. For more information about this process please see the Ministry of Justice website. Applicants who want to appeal a decision dated before 19 December 2011 from outside the UK are still able to send their appeal to the visa section that made the initial decision. For further information about this process please see the Appeals section on our website. A new online payment facility will be available shortly. This will allow applicants to make an appeal and payment online for decisions dated from 19 December 2011. Appellants must be able to pay using a MasterCard or a Visa credit or debit card or be submitting an appeal which does not require a fee to be paid. Appellants can ask another person to pay the fee on their behalf using their payment card details, with their permission
SIX people, including a child, have died and another 20 are missing after the sinking of an asylum-seeker boat in Indonesian waters
. Home Affairs Minister Brendan O’Connor said the tragedy occurred off the west coast of Java early yesterday and 46 people had been rescued. He said it hadn’t been confirmed the vessel had been heading for Australia, although that appeared likely. “This is a tragic event which underscores the absolute dire need to put in the strongest possible deterrence to combat people smuggling and to prevent dangerous vessels embarking on a journey to Australia,” (more…)
New fund for legal help for young people welcomed
The Refugee Council today welcomes the launch of a new project that will help children and young people seeking asylum in the UK will in future be able to access the legal advice they need. The Strategic Legal Fund for Refugee Children and Young People (SLF) is a new pilot project to support strategic legal work – that is work that goes beyond securing justice for an individual and makes a significant contribution to law, practice and procedures that upholds and promotes the rights of refugee and asylum seeking children and young people.
In the context of unprecedented cuts to legal aid and the advice sector, the primary aim of SLF is to achieve the best possible outcomes for this vulnerable group. It will do this by funding interventions in Court and pre-litigation legal research for cases involving asylum seeking and refugee children and young people.
Judith Dennis, Refugee Council Advocacy Officer said:
“We welcome the timely launch of this fund that will enable organisations to make a lasting change to the provision of legal advice for refugee children and young people.
“Research we carried out earlier this year showed that the quality of legal advice given to young people seeking asylum is often poor, and with cuts to legal aid, the situation will no doubt worsen. It is vital that young people can access high quality legal help to ensure they are given the protection they need, so we are delighted that this fund will provide an opportunity to improve legal provision from a strategic level.”
The SLF is funded by The Diana, Princess of Wales Memorial Fund and is being delivered in partnership with Trust for London. The day-to-day management and administration of the fund will be carried out by MigrationWork CIC.
For more info and details on how to apply please visit www.migrationwork.org/strategic-legal-fund
Court of Appeal has confirmed that local authority care services
Mind is delighted that the Court of Appeal has confirmed that local authority care services, such as counselling or befriending and social work support, for people with mental health problems, qualify as care and attention under the National Assistance Act 1948. The judgment also clarifies that a council will have a duty to provide accommodation to a person who is homeless and has need for such care services, where this accommodation is required to ensure that the care services are effective. This case is a welcome development in the care of people with mental health problems who are not living in suitable accommodation, clarifying a previously unclear area of the National Assistance Act. Mind would like to acknowledge and give thanks for the pro bono support provided by Kate Markus at Doughty Street Chambers.
One week to go on family consultation 29 September 2011
The 12 week public consultation on reforms to family migration closes on Thursday 6 October 2011. The consultation, which has so far received over 4,000 responses, focuses on tackling abuse, promoting integration and reducing burdens on the taxpayer. Key proposals include: defining more clearly what constitutes a genuine and continuing marriage, to help identify sham marriages and forced marriages; introducing a new minimum income threshold for sponsors of spouses, partners and dependants, to ensure that family migrants are adequately supported as a basis for integration – the independent Migration Advisory Committee has been asked to advise on what the threshold should be; extending the probationary period before spouses and partners can apply for settlement in the UK from 2 years to 5 years, to test that relationships are genuine and to encourage integration into British life; requiring spouses, partners and adult dependants aged under 65 to demonstrate that they can understand everyday English (B1 level on the Common European Framework for Languages) when they apply for settlement; exploring the case for making ‘sham’ a lawful impediment to marriage in England and Wales, and for giving the authorities the power to delay a marriage where sham is suspected; working closely with local authorities to ensure that vulnerable people are not forced into marriage; reviewing the full right of appeal for family visitor visas, and inviting views on whether there are circumstances (beyond race discrimination and human rights grounds) in which a right of challenge should be retained; and looking at the operation of Article 8 of the European Convention on Human Rights (the right to respect for private and family life) and immigration.
Deportation flight to Iraq blockaded and stopped
On Tuesday afternoon, 21st June 2011, No Borders and refugee solidarity activists blockaded the Harmondsworth and Colnbrook immigration prisons, near Heathrow airport, to stop a mass deportation flight to Baghdad. About 70 Iraqi refugees, mostly Kurds, were due to be forcibly flown on a specially chartered flight from an undisclosed airport at 11pm. A last-minute court injunction forced the Home Office to call it off, so the blockaders decided to end their potest at 9pm, after making sure that the migration prisoners were safely off the buses. The action was an important step in escalating resistance to the deportation machine, in solidarity with the hunger strikers in Campsfield, the rioters in Brook House, the Yarlswood four, and all migration prisoners in their everyday struggle.
