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New rules for skilled foreign workers 06 May 2008 Foreign workers hoping to fill skilled vacancies in Britain's labour market will have to meet strict new criteria, the Government announced today. The Home Office today published proposals for much tighter skilled and temporary worker tiers of its new Points Based System (PBS) . The schemes - known as Tier 2 and Tier 5 - sweep aside around 30 different routes to the UK, including the old work permit system . British-based companies will have to prove they cannot fill skilled posts with a resident worker and must show that the job vacancy has been advertised in the UK, unless the job is on the shortage occupation list. Would-be migrants will need a job offer before they even apply for a visa. To qualify, skilled foreign nationals will have to earn a certain number of points before being allowed to work in Britain. These points are awarded only if a person can prove they will be doing skilled work, speak a good standard of English, and are earning more than £24,000, or have a decent qualification. Employers will need a licence from the UK Border Agency to offer jobs to skilled workers. Alongside today's proposals, Home Office analysis showed if the tighter Tier 2 and 5 rules had been in place last year, close to ten per cent fewer skilled and temporary migrants from outside the EEA would have been allowed into Britain to work in equivalent categories - around 20,000 people. In addition the Home Office confirmed that from this year low skilled workers from outside the EU will be barred.Employers who break the rules and employ illegal workers are already facing much tougher sanctions. Figures released by the Home Office today show that in the first 80 days of the new illegal working regime - introduced at the end of February this year - 137 businesses were issued with Notices of Potential Liability worth almost half a million pounds. Under the old regime there were only 11 successful prosecutions last year. This means that the number facing punishment since the regime began is more than ten times greater than the entire number of prosecutions last year. Civil penalties were introduced to make it easier than ever to fine those employers who give jobs to people with no right to work without carrying out the proper checks.The Government also today revealed its proposals for Tier 5 of the PBS which covers those travelling temporarily to the UK for primarily non-economic reasons, such as sportspeople, entertainers and charity workers. To ensure entertainers continue to contribute to British cultural life, those coming to the UK for permit-free gigs or festivals - such as the Edinburgh Fringe - will be assessed outside of the PBS under visitor visa rules. The Government is due to publish details of the new visitor visa category in the near future. For applicants with a degree qualification, the Home Office still accept Tier 1 hsmp applications .

Ban on Indian trainee doctors unlawful House of Lords Published May 1, 2008 Regina (BAPIO Action Ltd and Another) v Secretary of State for the Home Department and Another Before Lord Bingham of Cornhill, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Carswell and Lord Mance Speeches April 30, 2008 Government guidance to National Health Service employers which had the effect of preventing overseas trainee doctors from being offered postgraduate training places in NHS hospitals was unlawful. The House of Lords so held (Lord Scott dissenting) in dismissing an appeal by the Secretary of State for Health against the decision of the Court of Appeal (Lord Justice Sedley, Lord Justice Maurice Kay and Lord Justice Rimer) ([2007] EWCA Civ 1139) allowing an appeal by the first claimant, BAPIO Action Ltd, a company established by the British Association of Physicians of India Origin, against the decision of Mr Justice Stanley Burnton ([2007] EWHC 199 (QB)) that the guidance was lawful. The judge made his order in proceedings for judicial review brought by BAPIO and a second claimant, Dr Imran Yousaf, since deceased, against the Secretary of State for the Home Department and the Secretary of State for Health challenging the guidance, which had been published on the NHS website, as well as Statement of Changes in Immigration Rules 2006 (HC 1016). Both the judge and the Court of Appeal held that (HC 1016) was not unlawful and that was not challenged in the House. Consequently, the Home Secretary no longer took any part in the proceedings. The statement of changes affected those who wished to train in the United Kingdom and then return home, whereas the guidance affected those who wished to train and remain in the UK. Prior to the guidance, international medical graduates could enter to undertake postgraduate medical training in the UK, which involved working in hospitals and receiving training as part of their employment, under the highly skilled migrant programme . That programme facilitated the entry of skilled workers who intended to make the UK their main home and who could support themselves by working. Their leave to enter would be periodically renewed to see if the conditions were still being met, with eligibility for indefinite leave to remain after five years. After a substantial increase in the number of British medical students, the Department of Health became concerned that the continued admittance of international graduates to training positions within the NHS would lead to domestic graduates being unable to obtain such positions and thus unable to complete their medical training in the United Kingdom. It had therefore published its guidance, to the effect that NHS trusts should offer training posts to international graduates only if there were no suitable candidates in the resident labour market. Mr Jonathan M. Swift and Mr Jonathan Moffett for the Secretary of State for Health; Mr Rabinder Singh, QC and Ms Janet Kentridge for BAPIO. LORD BINGHAM said that section 3 of the Immigration Act 1971 required that changes in the practice to be followed in the administration of the Act for regulating entry into, and stay in the United Kingdom of non nationals requiring leave to enter, including any rules about time limits or conditions, were to be made by immigration rules laid before Parliament. The secretary of state had argued that the guidance had been given to NHS employers to influence their conduct in the employment field. It did not purport to alter, nor did it in fact alter the immigration status of anyone. Counsel for BAPIO rejected that approach. The effect of the guidance was to subject those international graduates who had entered, or would enter, under the highly skilled programme to a new requirement, unexpressed in the immigration rules, that they should be employable as junior doctors only if they satisfied the resident labour market test. Effective access to the highly skilled programme would be impeded by inability to meet the new test and consequent inability to obtain employment and support themselves. His Lordship agreed. A new term, formally unauthorised, had been introduced into the permissions of international graduates who had entered under the highly skilled programme . The changes had not been made in the way which the 1971 Act required. LORD MANCE, concurring in the result, said that he disagreed that such a new term had been introduced. International graduates with highly skilled programme status remained free in law to seek and accept NHS employment, and NHS trusts remained free to offer them employment, without committing any offence. However, for those international graduates already in the UK with highly skilled programme status, the guidance would have undermined their legitimate expectations in a very fundamental way. They would have come here intending to make the UK their main home. Prior to the guidance, their leave to stay would have been renewed without difficulty provided the requirements for renewal were met. The introduction of a resident labour market test would have radically undermined that expectation. By issuing the guidance, the Secretary of State for Health, as one emanation of the Crown, had been exercising her prerogative to give informal guidance inconsistently with the legitimate expectations generated by the immigration rules and practice adopted by another emanation of the Crown, the Home Secretary. The inconsistency and its effects were so profound as to render such guidance invalid. His Lordship agreed that the appeal should be dismissed, but did so by a different route to that taken by Lord Bingham.

Poland Launches campaign to lure back migrant workers 1st May Immigration News: For nearly four years, Britain's construction and hospitality industries have flourished thanks to the influx of an estimated one million Polish workers – but now Poland wants them back. The Warsaw government is so worried about a national labour shortage in the professions that it plans to advertise in the UK to encourage expatriate Poles to return to the country that many of them left after it joined the European Union. According to Polish media reports, the adverts will soon appear in English and Polish-language newspapers in this country. They are part of a wider campaign by the newly elected government of Prime Minister Donald Tusk, who swept to power six months ago with a pledge to encourage migrant workers to return.However, there is mounting evidence that many Poles are already heading back east, particularly because the current weakness of Britain's currency means they are getting fewer zlotys for their pounds.Mr Tusk's administration has produced a brochure that it plans to give away with Polish newspapers and at the many Polish cultural centres across Britain. The Handbook for Re-Emigrants advises Poles how to find accommodation back home and apply for special loans. After Poland joined the EU in May 2004, an estimated two million people – about 10 per cent of the population – left to find work, predominantly in Britain and Ireland. But while the British and Irish economies benefited from the influx of cheap and willing labour, Poland suffered acute staff shortages, particularly in the building and and hospitality trades.Of major concern to Warsaw is the lack of skilled construction workers needed to build new football stadiums before the European championships in 2012, which Poland and the Ukraine will host jointly. The government estimates that up to 200,000 extra workers are needed to complete the multibillion-euro projects earmarked for the event. In the past year, the Polish government has introduced a series of measures aimed at encouraging Poles to return. It has abolished a rule which meant migrant workers were liable to pay taxes both in Britain and at home. Mr Tusk's government also wants to grant a five-year amnesty to those who have failed to pay taxes in Poland while working abroad. His opponents say this proposal is unconstitutional but, if approved, it will no doubt prove attractive to thousands of expats who have put off returning because they fear they will be receive a large tax bill when they arrive. Estimating how many Poles return home each year is difficult because the government does not record the figure. However, many analysts believe that east European immigration to Britain may already have peaked. The numbers of east European migrants approved to work in Britain dropped from 227,875 in 2006 to 206,905 last year – a fall of nearly 10 per cent. This may be because employment prospects in Poland have improved dramatically since it joined the EU. The current unemployment rate is 10 per cent – half what it was four years ago. Currency exchange rates may also have an effect on migration. When Poland entered the EU in 2004, £1 was worth seven zlotys; now it is worth only 4.2 zlotys. Wojiech Pisasrki, a spokesman for the Polish embassy in London, believes there is evidence to suggest that the number of Poles coming to the UK may be the same as the number who are going home. "The process of leaving has already started," he said. "Immigration to Britain is not as attractive a prospect as it was a few years ago."Jacek Winnicki, a Polish lawyer who has settled in London, said he doubted that an advertising campaign would encourage many of his countrymen to return. "Work is just one of many factors behind why people chose to live where they do," he added. "I don't think an advert saying 'come back to Poland' will work, but I do think it will make Poles think and maybe a few will be tempted to leave."

Spouse visa applicants need to provide biometrics April 29th, 2008 Those who wish to remain in the UK with their British spouse or continue to study in the UK will now have to provide their Biometrics due to a pilot scheme being roled out by the Home Office at Lunar House [where International Work Permits get a premium service for certain UK visa applications This pilot scheme requires all Non-European Union nationals, who want to remain in the UK, to attend Lunar House in person where they will be subject to a Biometrics collection process. The Home Office have introduced this as part of their "Securing our Borders" drive as well as part of the managed Migration Programme. They will soon be rolling the scheme out to all people who wish to extend their leave to remain in the UK regardless of the reason. Also later this year plans for a face scanning system for E.U nationals will be launched at major ports. When the scheme is finally rolled out to highly skilled people who remain in the UK under the tier visa schemes; this provision will be even less welcomed.Over the next few months the schemes will be rolled out across the UK for all non UK citizens. Foreigners will be made to make available the most personal of details to the UK Authorities. Whether you are apposed to or not, people need to get used to the idea of Biometrics, as it is fast becoming a factor in all our lives. If in any doubt, contact us and we will try to assist.

Points Based System for those already in the UK April 2008  The UK Government are in the process of introducing the points-based system for coming to the United Kingdom to work, train or study. Meanwhile they will delete many of our existing immigration categories. These changes will impact on migrants who currently have permission to stay in the United Kingdom in categories that are being deleted. Should your category be deleted, as long as you continue to comply with the terms of your permission to stay in the United Kingdom, you will be able to complete the period for which you have been granted permission to stay (known as leave to remain) in that category. Wherever possible, the Home Office will introduce arrangements to minimise the impact of the transition to the points-based system. These arrangements may differ from category to category. Tier 1 of the points-based system was introduced in the UK on 29 February 2008 and extended to India on 1 April 2008. Roll-out will extend globally this summer. At that point (which will not be before 30 June 2008) we will be deleting the following categories: writers, composers and artists;self-employed lawyers;innovators;the International Graduates Scheme ; andthe Fresh Talent: Working in Scotland Scheme.

High Court HSMP Verdict 09/04/2008Claims that the Immigration Ministry in the UK have discriminated against Highly Skilled Migrants has eventually been vindicated by the UK High Court, the Immigration Law Practitioners' Association's General Secretary Alison Harvey announced today.Since the introduction of the new points based Highly Skilled Migrant Programme (HSMP) that came into being in November 2006, those already on the programme have continuously complained about various changes imposed on them, particularly when it came to extensions. This resulted in a Judicial Application being filed by the HSMP Forum Limited because of the fact that this was not the same scheme that some 49 000 migrants and their families had initially registered for. The HSMP came into being in 2002 with the intention of attracting highly skilled migrants to settle in the United Kingdom. However those that were already on the system since 2002 before the 2006 change feel they have suffered due to new laws. Lobbying by Members of Parliament, a petition to the Prime Minister and a meeting held with the Immigration Minister culminated in the HSMP Forum Limited taking the Secretary of State for the Home Department to court for unlawful changes. "The immigration department was obsessed with defending their decision and where not open to any reasoning," said Executive Director of the HSMP Forum, Amit Kapadia voicing his satisfaction in the court result. Since March 2008 those already working in the UK will be submitted under tier 1 of the points based system . Tier 1 visas are part of a five-tier immigration system which will be rolled out in the UK throughout 2008-2009. Tier 1 visas directly replace the Highly Skilled Migrant Programme and will be issued in four categories; General tier 1 visas , Entrepreneur visas, Investor visas and the Post Study Work .We offer Free Assessments of your application for tier 1 or HSMP: - Tier 1 (general) HSM calculator  - HSMP visa application calculator

Tier 1 HSM waived the maintenance This page explains the points we award under Tier 1 (General) - highly skilled worker of the points-based system for the maintenance (funds) you have available. Normally, when applying from within the United Kingdom, you will have to show that you have enough funds, by sending documentation showing you have had savings of at least £800 for at least three months before applying. Because this is a new requirement and it may be difficult to prove this immediately, we have put transitional arrangements in place for applicants and their family members submitting their applications within the United Kingdom up to and including 29 June 2008. Up to 29 June 2008, you do not have to show you have had the funds for at least three months before your application. You must only show you have the required funds at the time you apply. The types of documents you need to send to support your application are detailed below. Until 29 June 2008, they do not need to cover the three-month period, but they must be dated no more than a month before your application. For example, if you apply under Tier 1 (General) on 12 June, a single bank statement with a closing balance of £800 dated between 12 May and 12 June will meet the maintenance requirements. A bank statement dated before 12 May will not be acceptable.

£10,000 fine for employing illegal migrants without checks Employers who hire illegal immigrants can be fined £10,000 per worker from today in cases involving negligence, compared with a previous figure of £5,000. If the employer acts knowingly, the penalty could be an unlimited fine or jail. Jacqui Smith, the Home Secretary, described the moves, which include a points-based immigration system for people from outside the European Union, as “the biggest changes to British immigration policy in a generation”. Highly skilled migrants who wish to extend their stay will have to have suitable employment. The points-based system, based on a system already in place in Australia, will be tested for highly skilled migrants applying from India in April, and extended to the rest of the world by the summer. The system will then be extended to skilled workers with a job offer, students, and temporary workers. A tier for low-skilled workers is not planned while vacancies can be filled by migrants from Eastern Europe. function pictureGalleryPopup(pubUrl,articleId) { var newWin = window.open(pubUrl+'template/2.0-0/element/pictureGalleryPopup.jsp?id='+articleId+'&&offset=0&&sectionName=Politics','mywindow','menubar=0,resizable=0,width=615,height=655'); } Jacqui Smith, the Home Secretary, said: “The introduction of our Australian-style points system will ensure that only those with skills the country needs can come to work and study. “Today’s proposals are part of the biggest changes to British immigration policy in a generation, which include a new deal for those migrants seeking citizenship here, a new UK Border Agency to strengthen controls at the border and the introduction of ID cards for foreign nationals.” The system puts in question the scheme under which Commonweatlh citizens with a British grandparent are allowed to settle in this country. The Labour MP Austin Mitchell said that any proposal to scrap “ancestral visas ” would cause anger.

Points Based System Favours Scotland In an interview with BBC Radio Scotland's 'Good Morning Scotland', Trevor Phillips, chairman of the Equality and Human Rights Commission, said that Britain's new points based immigration system should allow more flexibility for foreigners who will work in Scotland. Under the new points based system, prospective migrants can score points based on various criteria. The system will be broken into five tiers, with Tier 1 dealing with highly skilled migration and Tier 2 replacing the current UK Work Permit scheme .Phillips said that flexibility could be introduced under a work permit system (presumably Tier 2) which would encourage prospective migrants to choose Scotland as a destination. Immigrants generally choose areas in and around London as their destination when moving to the UK."What I'm suggesting here is a part of the UK -- Scotland -- which, like the rest of Western Europe, suffers from an aging population and needs more [skilled workers], could benefit if we tilt the points system in such a way that potential migrants perhaps get some extra points for coming to Scotland," Phillips said.Scotland currently uses the Fresh Talent: Working in Scotland immigration scheme to encourage foreign students of Scottish educational institutions to stay in Scotland on completion of their studies. However, it will soon be replaced by the Tier 1 - Post Study Work sub-category , bringing the Fresh Talent: Working in Scotland scheme and the International Graduates Scheme under one system. If you have completed a degree in the last 12 months, call us and we can get this approved for you on a same day service

HSMP Judicial Review On 05 March 2008, a UK High Court was told that changes to the Highly Skilled Migrant Programme (HSMP) in late 2006 were unfair and could possibly result in 44,000 people being forced to leave the UK. Previously, migrants were only required to show proof of economic activity to get an HSMP extension . The HSMP Forum, a non-profit advocacy group for HSMP holders, filed for the judicial review and were represented by Barrister Michael Fordham, QC."The goalposts have been moved for those previously admitted. If they do not have a particular qualification or level of earnings they are required to leave," Fordham said.Robert Jay, QC representing the UK, said that the government acted within its powers and a judicial review should not take place. The judge in the case, Sir George Newman, said he would give his decision at a later date. The HSMP Forum said they were hopeful that a decision would be reached during March, and expect the decision to be in their favor.The HSMP, a points based system that assesses applicants based on criteria such as age, previous earnings, and education, is being phased out in favor of the UK's new five-tier points based system. Migrants already in the UK on an HSMP visa are required to extend their leave to remain under the new Tier 1 rules for General Highly Skilled Migrants. The new rules will go into effect for people outside the UK -- starting in April for applicants from India and summer 2008 for the rest of the world. Contact International Work Permits for confidential advice from registered immigration professionals.

New Points System goes live New points system goes live The biggest shake-up of the immigration system in 45 years got underway today with the introduction of a new points system to ensure only the best can work in Britain, new licenses for businesses who want to employ migrants and big on-the-spot fines for those not obeying the rules and found hiring illegal workers. Britain's Australian-style points system kicks-off with new rules for highly skilled foreign nationals currently working in the UK and who want to extend their stay. The scheme is designed to attract the most talented with the skills the UK needs to remain a global leader in the fields of finance, business, and technological innovation. The Government is also today introducing a licensing system for employers who want to recruit from overseas and bring skilled workers into the UK. No company will be granted a sponsor's licence without being approved in advance by the Border and Immigration Agency. Employers bringing in skilled workers under Tier 2 of the scheme which takes effect this autumn can now start applying for that licence. Home Secretary Jacqui Smith said: "The introduction of our Australian-style points system will ensure that only those with skills the country needs can come. "Migrants benefit this country economically, contributing an estimated £6bn to our national output, as well as socially and culturally and it is right that we have a system which is fair but firm, accessible but controlled. "Today's proposals are part of the biggest changes to British immigration policy in a generation which include a new deal for those migrants seeking citizenship here, a new UK Border Agency to strengthen controls at the border and the introduction of ID cards for foreign nationals." Alongside the Government's plans to ensure Britain has access to the skills and talents it needs, rogue employers from today face civil penalties of up to £10,000 for each illegal worker they employ. Those found to have knowingly hired illegal workers could incur an unlimited fine and be sent to prison. The change comes as BIA stepped up action in 2007 against illegal working by 40 per cent. Immigration Minister Liam Byrne said: "Today sees the start of our points system and the beginning of on-the-spot fines for businesses who employ illegal workers, introduced a day ahead of schedule. "New £10,000 penalties mean instant justice for those firms who try and undercut others by employing illegal immigrants. With the new compulsory identity cards for foreign nationals later in the year, there can be no excuse for not checking the identity of those applying for jobs. "The key to shutting down illegal immigration is to shut down illegal jobs. Last year we stepped up our illegal working operations by 40 per cent. Now our enforcement teams have a host of new powers to shut down dodgy bosses who draw illegal immigrants to Britain." As the measures announced today take effect the Government is also taking steps to target rogue employers through new legislation in the Employment Bill. The Bill proposes tough new penalties for businesses not paying workers the minimum wage and agencies which exploit workers and undercut legitimate business. This year will also see the establishment of a new UK Border Agency to ensure the UK has one of the toughest borders in the world. Further measures include the introduction of a new system to count people in and out of the UK and ID cards to strengthen the UK border and help keep out those who don't have the right to be here.

Extension of HSMP under Tier 1 Tier 1 Extension News:- The United Kingdom is nearing the introduction of its new five-tier points based immigration system which will replace all immigration routes into the country for the purpose of employment, study, and training. However, with a new immigration system comes added confusion on how it will affect those who are already in the UK under older systems that will be retired.Tier 1 for highly skilled migrants will replace the current Highly Skilled Migrant Programme (HSMP), the business and investor schemes, as well as the International Graduates Scheme for foreign graduates of UK universities.The new rules for Tier 1 will be implemented on a phased basis. Starting on 29 February, highly skilled migrants already in the UK under the HSMP who wish to extend their leave to remain will be required to qualify under the new Tier 1 rules.In April 2008, Indian nationals applying as highly skilled migrants for the first time will be required to meet the new criteria. The rest of the world will follow sometime during the summer of 2008.With the new Tier 1 rules for General Highly skilled migrants (which will replace the HSMP) removing the MBA provision and making English language requirements more stringent, some individuals may benefit from applying for an HSMP visa before new rules take effect. However, many migrants are concerned about extending their stay in the UK under the new rules when that time comes around.With the Home Office changing the rules in 2006 and applying them retrospectively to those who were already in the UK under HSMP, it's no surprise that people would worry. However, the Tier 1 rules for General Highly Skilled Migrants are not changing significantly from 2006 other than what was described above.For those applying for extension under the new Tier 1 rules, the English language requirement and the need to show enough initial funds to support themselves will be waived. On top of that, extra points for experience working in the UK can be achieved.For HSMP visa holders who cannot score enough points to extend their leave to remain under Tier 1, transitional arrangements will be in place to assist them in transferring to another Tier which in most cases will be Tier 2 for skilled workers.Employers do not have to show that a UK or EU citizen could not be found to fill the job when hiring HSMP visa holders transitioning to a different Tier, such as Tier 2. Also, a new provision will be introduced which will allow time under HSMP to be counted towards settlement after a transition to another tier has taken place.

New Immigration System New Immigration System set to begin this month06 February 2008It has been announced that the new points based immigration system will start to be implemented from the 29th of February 2008. This will be the implementation of tier one that is set to replace the existing HSMP. Therefore from this date those applying for extensions of their HSMP visas will have to do so under tier one. As it stands the expected timeline for the implementation is that by April it will be effective to those wishing to apply for a highly skilled migrant visa from India. It is not expected to be worldwide until the summer months. Commentary on the new system has so far concluded that there is very little difference between the HSMP and a visa under tier one’s General Highly Skilled Migrant subcategory with the exception of the fact that the English language requirement has been raised, albeit slightly, and that the fees for processing the visa have been increased. However with this change the difference is far from slightly moving from £400 to £600 for an approval and £350 to £750 for Further Leave to Remain stamping. +44(0)20 7866 8170  

Changes to UK Visas: Timescale  Timescale for the new tier system:- Tier 1 of the system, which caters for highly skilled migrants such as scientists and entrepreneurs, will be launched in the first quarter of 2008;Tier 2, targeting skilled workers with a job offer and tier 5, for youth mobility and temporary workers, will come on line in the third quarter of 2008; andTier 4, for students, will follow at the beginning of 2009.All HSMP and work permit applications are still valid. Contact so we can assist under the current rules and advise on the changes as and when they happen. +44(0)20 7866 8170  

New Immigration Fees to sweep UK New Fees Ensure Firm But Fair Immigration System30 January 2008New immigration fees, funding sweeping changes to border security over the next 12 months, have today been announced by the Government.The announcement comes just weeks before the introduction of a new points based system (PBS) for managing migration. The system will help ensure only workers with the skills to benefit Britain's economy come to the UK and put in place a licensing system for businesses who want to recruit from overseas. These new measures will help ensure people play by the rules.Immigration Minister Liam Byrne said:"We believe that it is fair that those who benefit most from using our immigration system should help fund it."We welcome the contribution that legal migrants make to the economy and cultural life in the UK and we have ensured that these fees, which will usher in the biggest reforms to the immigration system in a generation, are at levels that will not damage our international competitiveness."We are confident that we are not out of line with other countries’ prices and that the people we want to come here will not be deterred from doing so."Regulations for the following immigration fees have been laid in Parliament:tier 1 of PBS - (general highly skilled workers) in-country applications; tier 2 of PBS - sponsor licence applications for employers; certain entry clearance and transit visas outside the PBS rules; and certificates of entitlement to right of abode in the UK. The fees are part of a challenging programme of reform to the immigration system the Government has committed to over the next 12 months, which include the introduction of on-the-spot fines for employers who don’t make the right right-to-work checks, the introduction of a single border force with police-like powers for frontline staff, and compulsory ID cards for those foreign nationals who want to stay.The Government has already achieved its first milestone by completing the global roll out of fingerprint checks on anyone who applies for a visa to come to the UK.Taken together all these measures make-up the biggest shake-up of the immigration system in its history. They allow the UK to continue to reap the benefits of migration, while also preventing abuse of the system.  

NEW Tiered Immigration System NEWS: In March of 2008 the HSMP is expected to be turned into the UK's new points based system . The new system will have five tiers, with Tier 1 being the new Highly Skilled Migration Visa type. Unfortunately, the MBA Provision will be removed from the new system. If you have earned an MBA from an eligible university and wish to live and work in the UK, it would be best to apply for the Highly Skilled Migrant Programme now. Note: the new HSMP requirements will be more stringent - if you qualify now apply now so as to avoid any potential disappointment! If in any doubt, call us and we will advise you on your best option. 

International Graduate Scheme New IGS (International Graduates Scheme) came into effect on 1 May 2007 The UK's new International Graduates Scheme (IGS) came into effect on 01 May 2007. Non-European Economic Area students who apply for and receive approval may remain in the United Kingdom and work for up to one year after completing their studies. A student accepted under IGS will have very generous opportunities with very few restrictions on work. The government is hoping to attract students to remain in the UK after graduation and also allow them time to obtain a different visa. The new scheme supersedes the previous (SEGS) scheme, which only allowed students who completed courses within specific disciplines related to science and engineering to remain in the UK after graduation. The IGS scheme allows students of any scheme to remain in the UK for a year, with the aim of encouraging students to take up a career in the country. To qualify, a student must obtain a bachelor or Master's degree, or a PhD or other postgraduate certificate or diploma from a recognized higher education institution in the UK. Unlike SEGS, any degree class (grade) is acceptable. The aim of the IGS is to encourage foreign UK students to take up a career in the UK by providing a route into another immigration category, such as the Highly Skilled Migrant Programme (HSMP) . If this is of interest to you, please contact one of our consultants to discuss further on 0207 866 8170 or by completing the contact form on our website. Please note International Work Permits [IWP] can do this on a same day basis . 

30 March 2007 ADVANCED NOTICE OF CHANGES TO THE SCIENCE AND ENGINEERING GRADUATE SCHEME AND THE FRESH TALENT: WORKING IN SCOTLAND SCHEME On 1 May we will be replacing the Science and Engineering Graduates Scheme with the new International Graduates Scheme. This will widen the eligibility criteria for those who finish their courses on or after 1 May 2007. Those who have completed a bachelor’s degree in any subject on or after 1 May 2007 will be eligible. We are also removing the requirement for a minimum 2:2 classification for bachelor’s degrees. Further, we are extending the scheme to those with postgraduate certificates and diplomas. Those who have completed qualifications on the old SEGS lists before 1 May 2007, but who have not yet applied under the scheme, will be able to apply under the International Graduate Scheme, but their application will be considered under the same criteria as they would have had to meet under SEGS. We are also making a change to the Fresh Talent: Working in Scotland Scheme, widening the eligibility criteria to include those who have completed a postgraduate certificate or diploma at

18 January 2007 If you are planning to apply for indefinite leave to remain (or settlement) in the UK , you will need to be aware of the introduction of new rules for applications made on or after 2 April 2007 . They will require applicants to show that they have a sufficient knowledge of language and life in the UK in order to qualify for settlement.

HSMP: NEW SCHEME ANNOUNCED NEWS FLASH - AMENDMENTS TO THE HSMP SCHEME ANNOUNCED NOV 7TH 2006 BY LIAM BYRNE, MINISTER OF IMMIGRATION / NATIONALITY AND CITIZENSHIP: As of the 8th November 2006, all HSMP applications shall we considered under a new enhanced points criteria system. Work Experience, Significant Achievement, Skilled Partner and GP provisions have been withdrawn from the scheme altogether. They have been replaced by more stringent criteria in relation to academic qualifications, previous earnings, age and previous work and study in the UK. This scheme has been suspended henceforth till the 5th December 2006.Please note that this is merely a 27 day suspension of the HSMP scheme and we will continue to assess HSMP applicants under the new criteria from the 8th November 2006. Furthermore, we will assist applicants who have applied under the old rules for both reviews and HSMP extensions aswell as the new applications.

Australia needs skills Australia needs skills:Do you have professional or Trade Skills? Are you under 45 and interested in working and living in Australia? Australia is looking for individuals to join its skilled migration programme. There is particular need for the following skills and experience:- engineers- rail industry professionals- mechanics- metal trades [welder, panel beaters..]- construction and trade [carpenters, plumbers, electricians, bricklayers..]- finance professionals [registered accountants] - Doctors, registered nurses- Qualified chefs with more than 5 years experience We can help make this an effortless migration.

Migrating to Australia Migrating to Australia:Australia continues to appeal as a place to live, with the largest number of migrants and refugee entrants under this Coalition Government settling Down Under in 2004-05. People arrived from more than 200 countries, with the largest influx coming from the United Kingdom. The influx is believed to be due to strong economy and climate.

Training and Work Experience UK Training and Work Experience From the 11 September 2006, a new category to the existing Training and Work Experience Scheme (TWES) within the work permit arrangements: Medical Training Initiatives (MTI) has been introduced. 'Medical Training Initiatives' is the term given for training schemes for individuals who are sponsored by the Royal Colleges and other organisations within the medical field. A key purpose of sponsorship is to train overseas medical professionals, doctors and dentists, in the UK's public health care sector before they return abroad to continue their medical practice with the new skills they have acquired.

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Ban on Indian trainee doctors unlawful Print E-mail

House of Lords

Published May 1, 2008

Regina (BAPIO Action Ltd and Another) v Secretary of State for the Home Department and Another

Before Lord Bingham of Cornhill, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Carswell and Lord Mance Speeches April 30, 2008 Government guidance to National Health Service employers which had the effect of preventing overseas trainee doctors from being offered postgraduate training places in NHS hospitals was unlawful.

The House of Lords so held (Lord Scott dissenting) in dismissing an appeal by the Secretary of State for Health against the decision of the Court of Appeal (Lord Justice Sedley, Lord Justice Maurice Kay and Lord Justice Rimer) ([2007] EWCA Civ 1139) allowing an appeal by the first claimant, BAPIO Action Ltd, a company established by the British Association of Physicians of India Origin, against the decision of Mr Justice Stanley Burnton ([2007] EWHC 199 (QB)) that the guidance was lawful.

The judge made his order in proceedings for judicial review brought by BAPIO and a second claimant, Dr Imran Yousaf, since deceased, against the Secretary of State for the Home Department and the Secretary of State for Health challenging the guidance, which had been published on the NHS website, as well as Statement of Changes in Immigration Rules 2006 (HC 1016).

Both the judge and the Court of Appeal held that (HC 1016) was not unlawful and that was not challenged in the House. Consequently, the Home Secretary no longer took any part in the proceedings.

The statement of changes affected those who wished to train in the United Kingdom and then return home, whereas the guidance affected those who wished to train and remain in the UK.

Prior to the guidance, international medical graduates could enter to undertake postgraduate medical training in the UK, which involved working in hospitals and receiving training as part of their employment, under the highly skilled migrant programme .

That programme facilitated the entry of skilled workers who intended to make the UK their main home and who could support themselves by working. Their leave to enter would be periodically renewed to see if the conditions were still being met, with eligibility for indefinite leave to remain after five years.

After a substantial increase in the number of British medical students, the Department of Health became concerned that the continued admittance of international graduates to training positions within the NHS would lead to domestic graduates being unable to obtain such positions and thus unable to complete their medical training in the United Kingdom.

It had therefore published its guidance, to the effect that NHS trusts should offer training posts to international graduates only if there were no suitable candidates in the resident labour market.

Mr Jonathan M. Swift and Mr Jonathan Moffett for the Secretary of State for Health; Mr Rabinder Singh, QC and Ms Janet Kentridge for BAPIO.

LORD BINGHAM said that section 3 of the Immigration Act 1971 required that changes in the practice to be followed in the administration of the Act for regulating entry into, and stay in the United Kingdom of non nationals requiring leave to enter, including any rules about time limits or conditions, were to be made by immigration rules laid before Parliament.

The secretary of state had argued that the guidance had been given to NHS employers to influence their conduct in the employment field. It did not purport to alter, nor did it in fact alter the immigration status of anyone.

Counsel for BAPIO rejected that approach. The effect of the guidance was to subject those international graduates who had entered, or would enter, under the highly skilled programme to a new requirement, unexpressed in the immigration rules, that they should be employable as junior doctors only if they satisfied the resident labour market test.

Effective access to the highly skilled programme would be impeded by inability to meet the new test and consequent inability to obtain employment and support themselves.

His Lordship agreed. A new term, formally unauthorised, had been introduced into the permissions of international graduates who had entered under the highly skilled programme . The changes had not been made in the way which the 1971 Act required.

LORD MANCE, concurring in the result, said that he disagreed that such a new term had been introduced. International graduates with highly skilled programme status remained free in law to seek and accept NHS employment, and NHS trusts remained free to offer them employment, without committing any offence.

However, for those international graduates already in the UK with highly skilled programme status, the guidance would have undermined their legitimate expectations in a very fundamental way.

They would have come here intending to make the UK their main home. Prior to the guidance, their leave to stay would have been renewed without difficulty provided the requirements for renewal were met. The introduction of a resident labour market test would have radically undermined that expectation.

By issuing the guidance, the Secretary of State for Health, as one emanation of the Crown, had been exercising her prerogative to give informal guidance inconsistently with the legitimate expectations generated by the immigration rules and practice adopted by another emanation of the Crown, the Home Secretary.

The inconsistency and its effects were so profound as to render such guidance invalid. His Lordship agreed that the appeal should be dismissed, but did so by a different route to that taken by Lord Bingham.

 
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