Asylum seekers - government response PDF Print E-mail

 

The government has responded to claims in the media that up to 40,000 asylum seekers will be allowed to stay in the United Kingdom because it would be too difficult to return them to their home countries.

Phil Woolas, Border and Immigration Minister, said:

'There is no amnesty.

'Our guidelines were updated to provide case workers with a simple framework to judge cases, and to avoid long drawn out court battles.

'No lawbreaker will be allowed to say, and each case is still decided on its individual merits.

'The UK Border Agency continues to ramp up performance and is concluding several thousand cases a month.

'Less than 40% of cases are being granted and I am confident that we will clear all of these cases by 2011.'
 
Suspected international benefit fraud in Newcastle PDF Print E-mail

 

A suspected £750,000 benefit scam operating out of the Newcastle area has today (Wednesday 7 October) been uncovered in a UK Border Agency led operation with Northumbria police.

Today's activity was carried out at the request of the UK Border Agency as a result of an investigation by the North East immigration crime team. We are committed to supporting our partner agencies with operational assistance when they ask for it. Graham Smith, Chief Superintendent, Northumbria police

More than 80 officers targeted 20 addresses across Newcastle and Gateshead in a series of dawn raids. The operation resulted in the arrest of 12 men and women, aged from their late twenties to mid fifties, on suspicion of conspiracy to defraud.

Those arrested in the operation are now in police custody pending further investigations into these matters.

Officers believe the alleged scam was operated by an organised criminal gang which deliberately brought foreign nationals into the United Kingdom in an attempt to defraud the United Kingdom benefit system.

The operation was led by the UK Border Agency's North East immigration crime team which works closely with Northumbria police and other law enforcement agencies to tackle and prevent immigration crime.

Heading the UK Border Agency Regional immigration crime team, DI Graham Brown, said:

'The arrest of this group is a result of close collaboration between a number of partner agencies. My message is clear to those who seek to break the law in the North East, we now have a formidable team specialising in immigration related criminality, we will investigate most rigorously those people who seek to abuse the hospitality of the UK and commit crime.'

Heralding the close cooperation that led to the arrests, Northumbria police, Chief Superintendent, Graham Smith of Newcastle area command said:

'Today's activity was carried out at the request of the UK Border Agency as a result of an investigation by the North East immigration crime team. We are committed to supporting our partner agencies with operational assistance when they ask for it.

'The vast majority of people who come to this country to earn a living are hard working and abide by our laws. This is an example of how the authorities work together to take action against the minority who commit crime.'
 
Two new policy announcements for Tier 4 of the points-based system PDF Print E-mail

 

In line with the launch of the sponsorship management system for Tier 4 of the points-based system on 5 October 2009, the UK Border Agency has announced new policy for Tier 4 sponsors and would-be students.

The new policy centres on two main areas:

  1. Extending the maintenance concession for Tier 4 applicants who are already in the United Kingdom - this will help to ease the transition process for would-be students.
  2. Tying Tier 4 students' permission to stay to their sponsors, if they make their application on or after 5 October - this will strengthen Tier 4 and strengthen the United Kingdom border.

Extending the maintenance concession for Tier 4 applicants who are already in the United Kingdom

Tier 4 applicants need to have enough money to cover their course fees and maintenance. They must normally show that they have held this money for a 28-day period ending no more than one month before their application, but until now we have operated a concession allowing them to show only that have the required funds in place on the date when they apply. This concession ends on 1 October 2009.

However, we recognise that many students already in the United Kingdom will not have needed to show this money before, so we have decided to allow a longer transitional period for all Tier 4 applications made within the United Kingdom.

Would-be students who make a Tier 4 application from inside the United Kingdom before February 2010 will only need to show that they have the money needed on the day when they apply. They must still provide the correct documents to support their application.

From 1 October 2009, would-be students applying from outside the United Kingdom must show that they have held the required money for a 28-day period ending no more than one month before the date of their application.

Tying Tier 4 students' permission to stay to their sponsors, if they make their application on or after 5 October

On 5 October 2009, new Tier 4 students' permission to stay in the United Kingdom will be 'tied' to the education provider that is sponsoring them. This will bring Tier 4 in line with other tiers of the points-based system.

From 5 October, every new Tier 4 student will find their sponsor's reference number on the vignette in their passport or on their identity card for foreign nationals.

In future, if a student wants to study with a new Tier 4 sponsor and they made their last application for a Tier 4 visa on or after 5 October 2009, they will need to apply for a new Tier 4 visa. They will not be allowed to begin studying with the new education provider until they have received a decision on the outcome of their application - if they do so, they will be committing a criminal offence for which they could be prosecuted or removed from the country.

We have been asked whether students in this situation will be able to begin studying with the new education provider, at their own risk, before they have received a decision on their application. The UK Border Agency cannot condone a criminal offence, and therefore cannot advise students that this is an option for them. We will make every effort to ensure that applications from students wishing to change education provider are considered within the published service standard, so that they can move to the new education provider as quickly as possible.

If a student wants to study with a new Tier 4 sponsor, and they made their last application for a Tier 4 visa before 5 October 2009, they will continue to be allowed to change their without making a new Tier 4 application. They must, however, seek permission from us to change their sponsor.

 
Changes to Tiers 1, 2 and 5 guidance notes and application forms PDF Print E-mail
 
On 1 October 2009 new versions of the guidance notes for Tier 1 , Tier 2 and Tier 5 (Youth Mobility) and Tier 5 (Temporary Worker) applications were published.

A summary of the main changes made to the guidance notes can be found in the table below.

Guidance notes Summary of main changes
Tier 1 (General)
  • The condition which prohibits Tier 1 Migrants from taking employment as a 'Doctor in training' has been amended. Those migrants currently in the United Kingdom working as a 'Doctor in Training' with leave which is not subject to any restriction on their employment can apply to be exempted from the restriction. In order to do this they must provide the documents specified in annex D of the Guidance notes.
  • In line with the Immigration Rules change the guidance has been amended to remove the provision for migrants in full time education to claim points for earnings obtained outside of the 15 months immediately prior to their application.
Tier 1 (Entrepreneur)
  • In line with the Immigration Rules change the guidance has been amended to remove the English language requirement for those switching in country from leave as a Business person (under Paragraphs 200-210 of the Immigration Rules)
Tier 1 (Post-study Work)
  • The guidance has been amended to clarify that PGDEs are considered to be eligible for an award of points.
  • In line with the Immigration Rules change the guidance has been amended to reflect that in order to score points for 'Immigration Status' the applicant must have had valid leave, which did not prohibit them from pursuing a course of study/research, for the duration of their studies.
Tier 1 (Investor)
  • Minor changes only, in line with other Tier 1 guidance.
  • Changes to the 'Doctor in training restriction in line with the Tier 1 (General) guidance.
Tier 2
  • This guidance has been rewritten and is now presented in a new format.
  • Provision has been made for applicants applying under Tier 2 (Intra- Company Transfer) where they have been on maternity leave prior to making an application under Tier 2.
  • Provision has been made for applicants switching from Tier 1 (Post Study Work) where they have been on maternity leave prior to making an application under Tier 2.
  • The maximum 10% limit on share ownership no longer applies to Tier 2 (Intra-company transfer) applications.
  • Inclusion of 'Representatives of overseas Businesses' in the list of immigration routes from which it is possible to switch into Tier 2 .
  • There are a number of minor changes to bring the migrant guidance in line with the latest version of the sponsor guidance.
Tier 5 (Temporary Worker)
  • Further guidance for applicants who are granted entry for a short period and then travel outside of the common travel area.
Tier 5 (Youth Mobility)
  • Clarification on the types of funds which can be used to demonstrate maintenance.
 
Citizenship ceremony conman jailed PDF Print E-mail

 

The mastermind behind a fake document scam which raked in hundreds of thousands of pounds from immigrants seeking to stay in the United Kingdom has today been jailed for four-and-half years after a trial at Southwark Crown Court.

'The sentence handed out shows there is no hiding place for those that break the rules. We will take steps to deport Mr Li at the end of his sentence. Jeremy Oppenheim, Regional Director, UK Border Agency

Xiang Li, 29, of Stratford, London, who denied the charges, ran two bogus law firms, issued fake passports and work permits, and even staged a phoney citizenship ceremony where the unsuspecting immigrants were greeted by actors playing the parts of officials and local dignitaries against a backdrop of a picture of the Queen and the Union flag.

The investigation, Operation Catalina, began when police officers working at King George Docks in Humberside arrested a Chinese national trying to enter the United Kingdom using what he believed to be a legitimate United Kingdom passport.

Further inquiries by the UK Border Agency's immigration crime team led to two suspicious 'law firms' based in and around various addresses on Lombard Street in central London, called Lombard and Borough de Law, who advertised their services in the Chinese language press.

Following operations on both firms, the team unearthed receipts showing the companies had charged up to 50 individuals an average of £20,000 for their services. It was also here that they uncovered evidence of the meticulously planned bogus citizenship ceremony that took place at the Methodist Hall in Westminster close to the Houses of Parliament in December 2007. The gang were also involved in issuing forged documents. This led to the arrest of Xiang Li in January 2008.

Welcoming the verdict, Regional Director for the UK Border Agency Jeremy Oppenheim said:

'Criminal gangs should be warned - we are putting an end to scams like this. Major reforms to the immigration system are making life harder than ever for those seeking to abuse our hospitality. Today's verdict is the result of the strong partnerships we have forged with the police across the UK to crack down on organised criminals seeking to abuse the immigration system

'The sentence handed out shows there is no hiding place for those that break the rules. We will take steps to deport Mr Li at the end of his sentence.'

With Xiang Li's conviction the search continues for his alleged accomplice, Tian Zhao, 26 real name believed to be Wentao LI.

The trial was the culmination of a twenty-month investigation by the newly formed North East, Yorkshire and the Humber immigration crime team, which comprises UK Border Agency officers working with detectives from seven police forces in the region to tackle organised immigration crime.

Detective Chief Inspector for the North East, Yorkshire and the Humber Immigration Crime Team Dave Powell said:

'This was a highly organised and elaborate national scam and we are pleased to see this successful conviction today. The combination of skills from UK Border Agency Immigration officers and Detectives from the Police make for a formidable team that can pursue suspects wherever they reside in the UK.

'We remain committed to tracing other's suspected of being part of this organised crime group, to ensure that they cannot take advantage of other vulnerable people who seek to live and work in the UK."

The trial judge recommended Xiang Li for deportation after serving his sentence.

 
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