Changes Made To UK's Tier 1, Tier 2 Immigration Rules Programmes And The Dependents Scheme

According to news reports, some minor changes have been made to some categories of immigrant visas on the UK. These changes in the rules have been made effective from April 6, 2014. There are three main categories of programs which have undergone changes in the rules. Immigrants can apply for a suitable vacancy under the Tier 2 programme, if this vacancy remains unfilled by a ‘settled worker’. This rule is applicable for many sub-streams but each of those cases has some specific requirements/conditions, as well.

However, whichever the stream, the sponsoring employer must adhere to a salary threshold, whatever the sub-stream. The different steams have witnessed an increase in the salary threshold of 0.9%, but this increase applies only to those whose certificates of sponsorship were issued on or after April 6, 2014. Also, those who are applying for entry clearance or general Tier 2 stream the Intra-Company Transfer stream, can be granted a leave of five years at most, if it is their first application, instead of the current three years, but this can be done only by paying a higher fee.

The Tier 1 programme offers the applicants the opportunity to immigrate to UK on varied grounds, while also having the options for staying in that country permanently. Each sub-stream under this pogramme has its own specific requirements. Now, under Tier 1, and under the ‘Exceptional Talent visa’, under the present rules, a person can apply for ‘Exceptional Talent Visa’ if he/she is/has been a luminary or emerging luminary or a recognized luminary in science, engineering, medicine, humanities, arts, etc. Under the new rules brought into effect, the list of these fields has been updated to include persons of exceptional claibre in the sector/field of digital technology, who are endorsed by Tech City UK. Up to 200 endorsements in the digital technology programme sector can be made under this Tier 1 programme.

Also, some more notable and quite comprehensive changes have been made with respect to rules regarding dependants of immigrants. The main change under the new rules is that only those dependents whose sponsors settled under a points-based scheme qualify, unlike in the earlier system.

6 ways to get your working visa

So many countries offer working holiday visas these days, allowing you to earn some extra money while you travel and take in the culture. Here are the countries that offer such visas and how to go about applying for them – and, for those that don't, the other visas that are available to you.

1. Australia

Australian Department of Immigration and Citizenship

Australia's Working Holiday programme allows people aged between 18-30 to travel and work within the country for 12 months. Travel is open, you can enter and re-enter as much as you want during this time, but the employment must be the secondary purpose, and only be for six of the 12 months. Employment can only be extended in exceptional conditions.

Visitors from America apply for the Subclass 462 visa, while travellers from the UK, India and Canada for the Subclass 417 visa. New Zealand passport holders can work in Australia without restriction.

For non-US applicants, generally you can apply for a second working holiday visa after completing three months of work on your first visa. Working holiday visa holders are permitted to undertake any kind of temporary or casual work.

2. UK

UK Border Agency

The UK's Youth Mobility Scheme is available to nationals of Australia, Canada and New Zealand aged 17-30, allowing holders 24 months to work and travel during the full two-year period. Although this is a time limit which cannot be extended or put on hold, travel is open for you to leave or re-enter the country to your heart's content.

There are no restrictions on the type of work you are allowed to do, except that you can't start up your own business, work in professional sports or as a trainee doctor. You also don't need a UK sponsor.

Indian citizens require a general visitor visa for tourism, which extends to no longer than six months and does not include employment. However, if you visit the UK on a regular basis, you can apply for a multiple-entry, long-term visa for one, two, five or ten years.

You can also apply under British ancestry if you are want to work in the UK and are a Commonwealth citizen and can prove that at least one of your grandparents was born in the UK. This allows you to stay and work in the UK for five years or more.

3. America

American Visa Bureau

Those hoping to visit America just for travel from the UK, Australia or New Zealand can be covered for three months' travel under the Visa Waiver Program (VWP), as long as an Electronic System for Travel Authorization (ESTA) application is completed. Under the B2 American Tourist visa, you can extend this up to six months, however no employment or financial gain is permitted. The J1 visa does cover on the job training for the extent of an exchange program, both for casual and more specialised work environments.

America unfortunately does not offer work holiday visas, but there are temporary employment and tourist visas available. The H1B required a bachelor's degree (or equivalent) in the specialty, the relevant work experience and any lisence, registration or certificate needed to authorise practice. These are generally issued for three years, and may be extended. L1 applicants must be related to an American organisation, have continuously worked for the organisation for at least one year in the past three and be a person of specialised knowledge.

There are 10,500 E-3 visas open on a first-come, first-serve basis to Australian nationals, provided they have an offer of specialty employment already in place. These are valid for two years and can be renewed indefinitely on a two-year basis. Canadians can also be employed under a TN visa as part of the North American Free Trade Agreement (NAFTA).

4. New Zealand

Immigration New Zealand

Conditions for a working holiday visa in New Zealand vary from country to country, but Australian nationals are able to live and work in New Zealand at any time for any duration. Working holiday visas are available for US, UK and Canadian citizens. British eligibility requires that applicants be between 18-30, and can apply for a 12 or 23-month stay, although must not work for more than 12 months of this time.

Americans and Canadians have the opportunity of 12 months with a working holiday visa. Applicants from the US must be between 18-30, whereas Canada extends this up to 35. Most travellers can also enrol in one training or study course of up to three months during this time. Visa holders are free to leave and re-enter the country at will during the allotted time.

For purely tourist purposes, Canadians can visit New Zealand for up to three months without a visa. British citizens for up to six months.

5. Canada

Canadian Visa Bureau

Canadian working holiday visas, or International Experience Canada (IEC) work permits are open to nationals of Australia, New Zealand and the UK, and the age restrictions, type of work allowed and duration varies.

New Zealanders between 18-35 can apply for a year's work permit, while British nationals between 18-30 can apply for a year. Australians aged 18-30 can apply for a visa for up to two years.

In terms of temporary work visas, not all jobs require a visa (such as clergy, film and media crew, public speakers, judges etc), although may need a temporary resident visa. The Canadian Visa Bureau has also advertised that certain IT workers can have their work permits processed faster, due to demand.

Most don't need a visa just to visit Canada, although Indian nationals do. A temporary resident visa may be required. Under NAFTA, US citizens are also able to access Canada more quickly and easily for business.

6. India

Indian Visa Application Centre UK

India unfortunately does not offer working holiday visas; those hoping to visit the country must instead apply for a tourist or an employment visa.

Employment visas for India require that you be employed by an Indian company or do honourary work with registered NGOs in India. The visas will have limited validity, irrespective of the length of contract you have with your organisation, but can be extended for up to five years.

Tourist visas are available for three months, six months or a year, and are non-extendable and cannot be converted into any other type of visa. Depending on how often you plan to leave and re-enter the country, you must apply for a single, double or multiple-entry visa.

This visa advice has been sourced for citizens of the UK, US, Canada, India, New Zealand and Australia. Many visas are open to other nationalities. Please see individual visa application websites (above) for further info.

Top 5 things to prepare before moving abroad

Research Visa Requirements

Visa requirements will vary from country to country, so it is important to research the different types of visas and find out which one suits you and your situation best. Some visas, such as the Canadian International Experience Class visa, have very limited places and fill up quite fast. For this reason, it is useful to research your visa options well in advance so as to be best prepared should a limited places approach apply to your desired visa. Our website has detailed information on the visa requirements of all of the countries listed from Australia and America to Germany and New Zealand.

Make copies of your I.D., Passport Photos and documents

Before you leave for your new country make sure to make photocopies of your ID and passport. Perhaps leave one of the copies with a friend or family member, so if you ever lose something you have a copy of it for the Embassy. Also make sure to bring along a few spare passport photos, these are handy to have when you first arrive and need to apply for local ID cards or travel cards.

Get your Qualifications Recognised

Remember that your qualifications may not be compatible to the qualification standards of your chosen country. Make sure to research if your qualifications are recognised and if not, you will have to get them recognised by the local authorities in the country. For more information on getting your skills recognised see the Where to go section on our website.

Update your C.V.

The layout of a C.V. will differ from country to country. Some countries prefer detailed descriptions on previous work experiences while other countries will only be looking for concise details of your experience. You should update your C.V. to suit the requirements of your chosen country as it will work in your favour when applying for jobs. Remember also for some countries it is a good idea to get your C.V. translated into the local language, even if it is not a requirement it will present a good image of you being prepared.

Create a Budget

It may sound like a boring idea but creating a budget will enable you to know how long you can live in your new country off your savings and what is your time limit for finding a job. You should also check if your destination country requires you to have a minimum amount of money in your bank account, and factor this into your budget. Something else that is important to factor in, is the cost of living in your destination country, as this will have a huge influence on how far your money will go.

The most important thing to remember is research. Some people will move to a country with little or no research completed and as a result they are not prepared for what is ahead. Once you research and plan you will be prepared for whatever your new move throws at you and you can enjoy it to the full, as it is going to be one of the best times of your life.

VISA Requirements for United kingdom

Long Term Visa:

With effect from 6 April 2009, the following long term visas are available:

Duration & Cost
2 year: £215
5 year: £400
10 year: £500

If you are a frequent traveller to the UK or are the spouse or dependant child of someone who is, then you should consider applying for one of UK Visa Services' long term visas.. It is important that you are able to demonstrate that:


You have travelled frequently to the UK and / or other premium destinations, such as Australia, Canada or US, over a long period of time;

Student Visa:

06 April 2009: If you want to study in the UK from 31 March 2009 you must make your application using the Points Based System Tier 4 (General) student or Tier 4 (Child) student. Please make sure that you complete the correct application form and points scoring appendix. If you are making an on-line application you must select the correct visa category and pay the correct fee. You are advised to carefully read the Tier 4 points based system guidance at http://www.visa4uk.fco.gov.uk/Welcome.htm . Failure to provide the correct information may lead to your application being refused.

The Applicant needs to submit the visa application in person at the Visa Application Centre's. This is because the biometrics details will be taken at the same time. The biometric data collection process involves finger scans and a digital photograph and takes less than 5 minutes. There is no additional charge. It is strongly recommend that Applicant visit an Visa Application Centre (s) by prior appointment, saving the unnecessary waiting time.

UK Visae are issued in two categories - Short Term (for up to 6 months) and Long Term.
Short Term Visa is for:

• Visitors, which includes Private, Official and Business visits.
• Student.
• Others.

Long Term Visa is for: 

• Settlement as Spouse, Fiancé and other Relatives.
• Permit free employment, Work Permit Holder or to establish a Business.
• Certificate of entitlement or UK Ancestry.
• Returning Resident
• Persons of independent means (investor/ businessman) who amongst other requirements is also able to show a sum of £ 200,000 as financial proof, in order to qualify for this special category.
• Student (between 6 months to 3 years).

To schedule an appointment applicant needs to send an E-mail to VFS between 08:00 AM and 03:00 PM on all working days. Applicant needs to provide complete Name, Passport Number, Contact no, Visa Category, Visa Application Center (that you would like to visit) and Preferred Date & Time (Please provide 3 options). In case you have not provided the details, you are request to kindly send the details accordingly.

General Visitor (Application form VAF1A) Visa

Visa Fee Details
Single,Double and Multiple Visit Valid up to 6 months	INR 4,800
Longer term multiple entry (1 to 2 years)	INR 16,100
Longer term multiple entry (5 years)	INR 29,400
Longer term multiple entry (10 years)	INR 42,700
Direct Airside Transit Visa, In Transit Visit, Join Ship or Aircraft	INR 3,300
Special visitor - Student visitor, up to 6 months	INR 4,800
Returing Resident	INR 16,100
Visa for any other purpose (includes employment,HSMP,UK ancestry) and Certificate Of Entitlement	INR 16,100

• The Applicant should have a passport valid for the entire duration of stay in the United Kingdom.
• One visa form (photocopy allowed) to be completed in black ink and block letters.
• Two passport-size photographs, not more than 6 months old. It should be un-mounted, 45 mm x 35 mm in size, against a white background, and should be glued (not stapled) to the application form.
• A covering letter from the Applicant, giving reasons of travel.
• Indication of financial standing and funds in the form of evidence of Employment and Savings (in India) and, where necessary, Income Tax Return for last three years should also be provided. Itemised Bank statements for the last six months, salary slips etc, could also be added to support the application.
• A Letter from the Employer stating the Applicant's designation in the Company, the duration of his service and granting Leave of Absence is required.
• If the Applicant is self-employed, evidence of business activity and financial standing is needed.
• If your sponsor, employer or anyone else is supporting you, you could show evidence of his or her immigration status in the UK. This includes six months' itemised bank statements, payslips and evidence that they are willing to pay for your stay in the UK.
• The Applicant should show evidence that he has a place somewhere to stay, for example, a hotel reservation or a letter from your sponsor confirming that you are staying with them.
• Evidence of any firm travel plans like an Air Ticket or a letter from the Travel Agent confirming the Ticket Cost Deposit etc are required as support documents.
• Visa validity varies from 6 months to 10 years and allows a maximum stay of up to 6 months starting from the date of entry into the UK.
• Extension of the stay permitted is not possible in principle.

The consular rate of exchange is £1=Rs.70 Please note the visa fees are subject to change. These fees are effective for all visa applications made from 12th April, 2010.
Note: Visa Fee is payable for each Applicant, by a Bank Draft (available at VFS) and are non refundable, even for children. 
The Drafts should be made in favor of:

• "The British High Commission" payable in New Delhi (if applying in Northern India).
• "The British Deputy High Commission" payable in Mumbai (if applying in Western India).
• "The British Deputy High Commission" payable in Chennai (if applying in Southern India).
• "The British High Commission" payable in New Delhi (if applying in Eastern India).

You can also pay the visa fee at the time you lodge your application at the Visa Application Centres. Standard Chartered Bank facilities are located in all Visa Application Centres for this purpose. Please note that Standard Chartered Bank will apply a service charge of Rs. 200 (inclusive of taxes) for this facility.

Download Visa Forms for General Visitor (Application form VAF1A) Visa

Application form VAF1A - General Visitor

Visitor-in-Transit Visa

Visa Fee Details
Transit	INR 3,300

Travellers entering the UK en-route to another country and staying in the UK for less than 48 hours need to obtain a Visitor-in-Transit visa.
The requirements for a Visitor-in-Transit visa are the following:

• The Applicant should have a passport valid for the entire duration of stay in the United Kingdom.
• One visa form (photocopy allowed) to be completed in black ink and block letters.
• Two passport-size photographs, not more than 6 months old. It should be un-mounted, 45 mm x 35 mm in size, against a white background, and should be glued (not stapled) to the application form.
• A covering letter from the Applicant, giving reasons of travel.
• The necessary visa for the onward destination is required.
• Proof of the ability and intention to go at once to another country.
• The Traveler should meet the Immigration Rules as a visitor.
• Indication of financial standing and funds in the form of evidence of Employment and Savings (in India) and, where necessary, Income Tax Return for last three years should also be provided. Itemised Bank statements for the last six months, salary slips etc, could also be added to support the application.
• A Letter from the Employer stating the Applicant's designation in the Company, the duration of his service and granting Leave of Absence is required.
• If the Applicant is self-employed, evidence of business activity and financial standing is needed.
• Visitor in Transit visa are usually valid for 6 months with multiple entry subject to a proper onward visa each time.

Download Visa Forms for Visitor-in-Transit Visa

Application form VAF1H - Visitor in Transit

Business Visitor (Application form VAF1C) Visa

Visa Fee Details
Single,Double and Multiple Visit Valid up to 6 months	INR 4,800
Longer term multiple entry (1 to 2 years)	INR 16,100
Longer term multiple entry (5 years)	INR 29,400
Longer term multiple entry (10 years)	INR 42,700
Direct Airside Transit Visa, In Transit Visit, Join Ship or Aircraft	INR 3,300
Special visitor - Student visitor, up to 6 months	INR 4,800
Returing Resident	INR 16,100
Visa for any other purpose (includes employment,HSMP,UK ancestry) and Certificate Of Entitlement	INR 16,100

• The Applicant should have a passport valid for the entire duration of stay in the United Kingdom.
• One visa form (photocopy allowed) to be completed in black ink and block letters.
• Two passport-size photographs, not more than 6 months old. It should be un-mounted, 45 mm x 35 mm in size, against a white background, and should be glued (not stapled) to the application form.
• A Covering Letter from the Company mentioning the name and designation of the Applicant and that of the signatory (of a managerial or executive level) stating the Applicant's name, address and company's email, and giving brief sketch of the company to be visited.
• A Invitation letter from the company in UK.
• Indication of financial standing and funds in the form of evidence of Employment and Savings (in India) and, where necessary, Income Tax Return for last three years should also be provided.
• Itemized Bank statements for the last six months, salary slips etc, could also be added to support the application.
• If the Applicant is self-employed, evidence of business activity and financial standing is needed.
• If your sponsor, employer or anyone else is supporting you, you could show evidence of his or her immigration status in the UK. This includes six months' itemized bank statements, pay slips and evidence that they are willing to pay for your stay in the UK.
• The Applicant should show evidence that he has a place somewhere to stay, for example, a hotel reservation or a letter from your sponsor confirming that you are staying with them.
• Evidence of any firm travel plans like an Air Ticket or a letter from the Travel Agent confirming the Ticket Cost Deposit etc are required as support documents.
• Visa validity varies from 6 months to 10 years and allows a maximum stay of up to 6 months starting from the date of entry into the UK.
• Extension of the stay permitted is not possible in principle.
• Visa processing can take five working days or more.

The consular rate of exchange is £1=Rs.70 Please note the visa fees are subject to change. These fees are effective for all visa applications made from 12th April, 2010.

• "The British High Commission" payable in New Delhi (if applying in Northern India).
• "The British Deputy High Commission" payable in Mumbai (if applying in Western India).
• "The British Deputy High Commission" payable in Chennai (if applying in Southern India).
• "The British High Commission" payable in New Delhi (if applying in Eastern India).

Download Visa Forms for Business Visitor (Application form VAF1C) Visa

Business Visitor (Application form VAF1C)

DATV Visa

Visa Fee Details
DATV	INR 3,300

Indian Nationals need a Direct Airside Transit Visa (DATV) to travel through the UK, even if they fly out within 24 hours. It is not required for Passengers holding a valid visa and ticket for Canada or the USA.

• A valid visa for the Country i.e.UK or USA is needed. At most, the visa should have expired not more than two calendar days before arrival in the UK.
• A valid USA-1551 Permanent Residence Card (Green Card) issued on or after 21st April, 1998 or a valid Canadian Permanent Resident Card issued on or after 28th June, 2002.
• A valid common format Category D Visa, for entry in to an EEA State, it should be valid for more than 3 months.
• A valid common format Residence Permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002.
• A diplomatic or official passport issued by the Government of India.

Download Visa Forms for DATV Visa

Seamen Visa

Visa Fee Details
	INR

• Visa is required.
• The Applicant should have a passport valid for the entire duration of stay in the United Kingdom.
• One visa form (photocopy allowed) to be completed in black ink and block letters.
• Two passport-size photographs, not more than 6 months old. It should be un-mounted, 45 mm x 35 mm in size, against a white background, and should be glued (not stapled) to the application form.
• A covering letter from the Shipping Company, giving reasons of travel.
• Indian Seamen travelling on duty must hold a Letter of Guarantee from the Shipping Company with the Seamen Book and passport.
• A Letter from the Shipping Agent in the UK should be sent to the High Commission, stating particulars of the Seamen and the date and port of joining the Ship.
• Indication of financial standing and funds in the form of evidence of Employment and Savings (in India) and, where necessary, Income Tax Return for last three years should also be provided. Itemised Bank statements for the last six months, salary slips etc, could also be added to support the application.
• If your sponsor, employer or anyone else is supporting you, you could show evidence of his or her immigration status in the UK. This includes six months' itemised bank statements, payslips and evidence that they are willing to pay for your stay in the UK.
• Evidence of any firm travel plans like an Air Ticket or a letter from the Travel Agent confirming the Ticket Cost Deposit etc are required as support documents.

Download Visa Forms for Seamen Visa

Work Permits Visa

Visa Fee Details
	INR

This is issued by the Department for Education and Employment. Regular Work Permits are only issued for jobs involving a high level of skill and experience for which no resident labor is available in the United Kingdom. Permits may, however, be issued to enable Overseas Nationals to come to the United Kingdom for training or work experience.
Application for a Work Permit has to be placed by the Employer in the United Kingdom, at least 8 weeks before the commencement date, at the address mentioned below. The Applicant should not travel to the United Kingdom before receiving the permit. Failure to comply will result in the refusal of admission for the job.
Overseas Labour Service.
Department for Education and Employment.
Level 5, Moorfoot, Sheffield, SI 4PQ.
Tel: +44-114 259 4074
There are certain categories of employment for which a Work Permit is not required, such as:

• A Working Holiday Maker or Au Pair;
• A Minister of Religion, a Missionary or a Member of a Religious Order;
• Representative of an Overseas Firm that has no branch, subsidiary or other Representative in the United Kingdom;
• Representative of an Overseas Newspaper, News Agency or Broadcasting Organization, on a long term assignment to the United Kingdom;
• A Domestic Worker of a member of the Staff of a Diplomatic or Consular Mission;
• A Domestic Worker in a private household;
• A Teacher or a Language Assistant deputed to an Institution in the UK under an Exchange Scheme;
• A Member of the Operational Ground Staff (but not other staff) of an Overseas-Owned Airline;
• Postgraduate Doctor/ Dentist coming for training;
• Seasonal Worker at an Agricultural Camp.

Download Visa Forms for Work Permits Visa

Student Visa

Visa Fee Details
Points-based system Tier 4 - Student applicant - main applicant and dependants (visa duration for main applicants and their dependants is subject to length of study. Study below degree level is limited to 3 years maximum duration)	INR 13,950

• The Applicant should have a passport valid for at least six months from the date of application for the visa.
• One visa form- VAF1 (photocopy allowed).
• One Student form in addition to the visa form.
• Two passport-size photographs, not more than 6 months old. It should be un-mounted, 45 mm x 35 mm in size, against a white background, and should be glued (not stapled) to the application form.
• Indication of ability of the English Language in the form of Certificates from organizations like IELTS or TOEFL.
• Relevant Educational Certificates and Diplomas.
• The chosen Educational Establishment must be on included on the Department for Education and Skills (DfES) Register of Education and Training Providers.
• A Letter of Acceptance from the Educational Institution in the UK, confirming the acceptance for the course of study.
• Statement of charges for the course and evidence of the payment of a part of the course fees.
• The Student should produce evidence of funds, to pay for the stay and the course of studies in the UK.
• A Letter from the Host/ Sponsor in the UK, guaranteeing support and accommodation to the Student during the course of studies, together with its evidence.
• Proof of accommodation arranged, like undertaking by the sponsor, local-authority property report or letter of the mortgage lender.
• The Student must satisfy the Visa Officer of his/ her ability and intention to follow a full-time Course of Study and intention to leave the UK upon completion of the course.
• Applicants for the long term visa (above 6 months) must undergo a mandatory Medical Examination and Chest X-Ray before hand. The medical clearance takes about 10 days. Travel plans, therefore, should be made accordingly.

Further information is available with the British Council Division at the following address:
British Council Division, 
Educational Counselling Service.
17, Kasturba Gandhi Marg.
New Delhi, India. Pin 110001
Tel: 23711401. Extension: 115
Sessions on Wednesday's and Friday's
15:30 to 18:00 hrs.

Download Visa Forms for Student Visa

Medical Treatment Visa

Visa Fee Details
	INR

• The Applicant must be able to show full details of the arrangements which have been made for the Treatment.
• This should include a Medical Report and a reliable estimate of the likely duration and cost of the treatment.
• Evidence of ability to pay for the treatment in full.
• Evidence of sufficient funds for the maintenance and accommodation of self and any accompanying dependants.
• Evidence of firm travel plans made, such as the Air-Ticket or a Letter from a Travel Agent confirming that the cost of the ticket has been deposited.
• A Letter from the Employer stating the Applicant's designation in the Company, the duration of his service and granting Leave of Absence is required.
• If the Applicant is self-employed, evidence of business activity and financial standing is needed.

Download Visa Forms for Medical Treatment Visa

Joining Family in UK Visa

Visa Fee Details
	INR

• The following members of a Family may be allowed to join relatives who are 'settled' in the UK ('settled' implies that the person is living in the UK lawfully, with no time limit on the stay):
• Husbands and Wives, Male and Female fiancés, Children, Parents, Grandparents and other Relatives dependent on person/ s settled in the UK.
• Relevant Documents proving the relationship with the Person Settled are required, for example Birth Certificates, Marriage Certificates, photographs etc.
• Essential documents of the Settled Person are also needed as support documents. This can be in the form of Residence Permit, Identity Card etc.
• The rules are different if the Sponsor is not settled there. They are also different if either the Passenger or the Sponsor is a National of another Member State of the European Economic Area (the member states of the European Community and Iceland, Norway and Liechtenstein), or if the Passenger can claim British citizenship or other connection with the UK through means like ancestry.
• Further information is available with the British Mission offering an entry clearance service for the region of current residence.

UK Immigration rules for overstayers to change in October

In June 2012 the UK Border Agency announced that from 1st October 2012 applications for further leave will be refused if you have overstayed your leave by more than 28 days at the point you made your application.

The new rules already apply to applications made under the family migration route and, from 1st October 2012, will apply to applications under the remaining routes which were made on or after 9th July 2012.

If you have limited leave to remain you must ensure you apply to extend your leave in good time if you are applying for further leave under: the points-based system; all working and student routes; visiting routes; long residency routes; discharged HM Forces; or UK ancestry routes.

If you have limited leave to remain you must ensure you apply to extend your leave, if needed, in time. If you wish to remain in the UK after the 28 day period you should leave the UK and reapply for a visa.

If you are applying to extend your Tier 4 (Student) leave the gap between the end of your current leave and the start of your studies must be no more than 28 days. This change will affect all Tier 4 applications for further leave to remain that are made on or after 1st October 2012.

UK Family migration rules tightened from 9th july 2012.For those who already settled in UK its a nightmare to bring their families.

Home Office has changed Immigration Rules for non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK on the family migration route.

From July 2012, only those earning at least £18,600 will be able to bring in a non-EEA spouse or partner, fiancé(e) or proposed civil partner.

Those with children will need to earn £22,400 for one child and an additional £2,400 for each additional child.

The Home Office has also extended the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years. This is being done, according to the Home Office, to test the genuineness of the relationship and to deter sham marriages.

Immediate settlement for migrant spouses and partners where a couple have been living together overseas for at least four years has also been abolished.

From October 2013, all applicants for settlement will be required to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt.

Under the new rules, adult and elderly dependants will be allowed to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK. They’ll also be required to apply from overseas rather than switch in the UK from another category, for example as a visitor.

The Home Secretary Theresa May said: “To play a full part in British life, family migrants must be able to integrate – that means they must speak our language and pay their way. This is fair to applicants, but also fair to the public.”

Family visit visa appeals have been restricted, initially by narrowing the current definitions of family and sponsor for appeal purposes. Should the Parliament approve the Crime and Courts Bill which was published on 11th May 2012, the full right of appeal against refusal of a family visit visa will be removed.

The Home Secretary has also announced what the Home Office described as “decisive action to protect the public from foreign offenders who try to abuse human rights legislation to prevent their removal from the UK.”

“It is unacceptable that foreign nationals whose criminal behaviour undermines our way of life can use weak human rights claims to dodge deportation,” Ms. May said. “We want these new rules to make it clear when the rights of the law abiding majority will outweigh a foreign criminal's right to family and private life. By voting on this in the House of Commons, Parliament will define for the first time where the balance should lie.”




The government has laid in Parliament the regulations that will remove the full right of appeal for those applying to enter the UK as a family visitor.

The Immigration Appeals (Family Visitor) Regulations 2012 was laid in Parliament on 18th June 2012.


These regulations will come into effect from 9th July 2012.

They will change the appeal rights of family visit visa applicants, with those applying to visit their uncle, aunt, nephew niece or first cousin, or a relative who does not have settled, refugee or humanitarian protection status in the UK.

These relatives will no longer have a full right of appeal if their visa applications are refused. A limited right of appeal will remain for these people on human rights and race discrimination grounds.

The Crime and Courts Bill which was published on 10th May 2012, will, subject to Parliamentary approval, remove the full right of appeal against all family visit visa refusals. It is expected to come into force by 2014.

UK Skilled workers: changes to the new Tier 2 rules from May 2012

London 28 May 2012. If you are a non-EEA citizen and have been offered a skilled job in the UK and your prospective employer is willing to sponsor you, you can apply to come or remain here under Tier 2 of the points-based system.

Tier 2 is the immigration route currently available to skilled workers with a skilled job offer to fill a gap in the workforce that cannot be filled by a British or EEA worker.

Prospective applicants will need to have an offer for a graduate level job, speak an intermediate level of English and meet specific salary and employment requirements before they are able to work here.

You must have a licensed sponsor, who will assign you with a certificate of sponsorship before you can apply to come to the UK to work. A certificate of sponsorship is not an actual certificate or paper document, but is a unique reference number, which holds information about the job and your personal details.

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TIER 2 CATEGORIES

There are 4 categories of skilled workers you can apply for under the points-based system:

1. Tier 2 (General): if you are a skilled worker with a job offer from a licensed sponsor coming to fill a gap in the workforce that cannot be filled by a settled worker;
2. Tier 2 (Intra-company transfer): for employees of multi-national companies who are being transferred by an overseas employer to a skilled job in a United Kingdom based branch of the organisation under 4 routes:

• Long-term staff
• Short-term staff
• Graduate trainees
• Skills transfer;

3. Tier 2 (Minister of Religion): for people who have been offered employment or posts or roles within their faith communities in the UK as:

• ministers of religion undertaking preaching and pastoral work;
• missionaries; or
• members of religious orders;

4. Tier 2 (Sportsperson): for elite sports people and coaches who are internationally established at the highest level and would make a significant contribution to the development of their sport.

You must have a job offer from a licensed sponsor and a valid certificate of sponsorshipwhen you apply to enter or stay in the UK in these categories, and you will need to pass thepoints-based assessment.

All sub-tiers have different Attributes you need to score a minimum numbers of points for. The maintenance requirements, however, are the same across all four Tier 2 categories.

You should use the Points-based calculator made available on the UKBA website to calculate whether you have the numbers to successfully apply under Tier 2.

 

THE CHANGES

Significant changes are being or have been made to Tier 2 which restrict the ability of lesser skilled workers to enter the country,  with the aim of cutting back competition with British workers.

Let's go through the changes.

Annual limit on Tier 2 (General) workers applying from abroad

Since 06 April 2011, a maximum of 20,700 skilled workers are allowed to the UK each year under Tier 2 (General) to do jobs with an annual salary below £150,000. The UKBA has confirmed that the annual limit will remain at 20,700 for the next 2 years until April 2014.

The limit of 20,700 workers has been extended to cover the dependants of Tier 4 (General) migrants who are switching into Tier 2 (General).

There is no limit on the number of workers coming to the UK to do jobs with an annual salary of £150,000 or above.

If you are under the £150,000 annual salary threshold and currently outside of the UK, your sponsor will normally need to apply for a "Restricted Certificate of Sponsorship" (or "Re CoS").

The Annual Limit of 20,700 is divided up into a monthly limit of 1,500 Re CoS. The UKBA will award Re CoS to those sponsor applications that score the highest number of points.

Sponsors do not have a limit and thus can apply for an "Unrestricted Certificate of Sponsorship" (or "Un CoS") where they are sponsoring:

• other Tier 2 category applicants (intra-Company transfer, Minister of religion, Sportsperson);
• Tier 2 migrants or Work Permit holders with valid leave who are extending their stay or changing employer;
• Those in another category of stay applying to switch into the Tier 2 (General) category (where switching rules allow this). This includes those currently holding Student, Tier 4, or Tier 1 (Post-Study Work) visas;
• Those seeking admission to fill a vacancy attracting a salary of £150,000 or more.

The limit of 20,700 workers, however, will be extended to cover the dependants of Tier 4 (General) migrants whom are switching into Tier 2 (General).

Where employers wish to sponsor migrant workers in situations that only require Unrestricted CoS, they will be need to make a one off request for an annual quota of certificates at the start of each year.

Increase in Tier 2 Skill level

Since 06 April 2011, Tier 2 has been restricted to Graduate level jobs. The skill level required by migrants who wish to work in the UK will increase from 14 June 2012.

The minimum skills level for occupations in Tier 2 will be raised from the current threshold of National Qualifications Framework (NQF) level 4 to NQF level 6. Please note that Scotland has its own qualifications framework.

Resident Labour Market Test

All sponsors who want to recruit a migrant from outside the settled workforce for a skilled job that is not on the list of shortage occupations may now only do this if they complete a resident labour market test and can show that there is no suitable settled worker who can do the job.

All vacancies must be advertised to settled workers for 28 calendar days.

If no suitable settled workers are identified, the resident labour market test has been completed and you can appoint a Tier 2 migrant.

To issue a certificate of sponsorship on the sponsorship management system under Tier 2 (General), the sponsor must confirm that:

• they have completed a resident labour market test as set out in the relevant code of practice and cannot fill the post with a settled worker; or
• the test is not required for the job (see below).

Sponsors do not need to complete a resident labour market test, if the prospective migrant will be doing a job on the shortage occupation list or currently has permission to stay in the UK under:

• Tier 1 (Post-study work);
• the International Graduates Scheme;
• the Fresh Talent Working in Scotland Scheme; or
• the Science and Engineering Graduates Scheme.

The new rules in regards to highly paid and PhD jobs will be relaxed: sponsors will not need to complete a resident labour market test also if:

• the gross annual salary package for the job will be £150,000 or above;
• the prospective migrant will be sponsored as a doctor in speciality training and their salary and the costs of their training are being met by the government of another country under an agreement with that country and the UK government; or
  • received final results confirming that they have passed and have been or will be awarded a bachelor or postgraduate degree recognised in the UK or a UK postgraduate certificate in education; or
  • completed a minimum of 12 months study in the UK towards a UK PhD.

Companies will now be able to select the best candidate for PhD level occupations, even if they require Tier 2 Sponsorship.  Also, employers can begin recruitment up to 12 months before the start date of the job, rather than the current 6 month timeline.

If these roles are filled by a migrant worker and the employee is with them for 5/6 years, at this stage if they are unable to offer them a salary of £35000 then that employee will no longer be able to remain in the UK.  It can be appreciated that few jobs, especially in the current economic climate can meet a salary of £35000. In fact this would cripple many small businesses.

However losing such employees will also have an effect on the business as they will have to advertise the position again and go through the recruitment and training processes. And the employee who will have established a life in the UK over that period of time will have to face returning.

Increased maintenance funds requirements

From 14 June 2012, the personal savings you must have to support your application will increase.

• For applications received before 14 June 2012: you will need to have £800 in available funds for yourself, which have been in your bank account for 3 months before the date when you apply and £533 each for any dependent accompanying you
• For applications received on or after 14 June 2012: you will need to have £900 in available funds for yourself, which have been in your bank account for 3 months before the date when you apply and £600 each for any dependent accompanying you

If you plan to make a Tier 2 application on or after 14 June 2012, you must ensure the correct funds are held in your account as soon as possible as the funds will need to have been held in your account for a consecutive 3 month period.

Settlement

Those who entered on a Tier 2 visa after 06 April 2011 can only be granted a maximum of 6 years on this type of visa. Therefore Tier 2 visa holders will have to apply for settlement prior to reaching the 6 years.

However, applying for settlement is going to be difficult for many of those on a Tier 2 visa, with the introduction of the new minimum pay requirement of £35,000.

Those whom are working vacancies which are considered as part of the shortage occupations will be exempt from this requirement for permanent residence.

This means that if the applicant is not earning a minimum of £35,000 when they are looking to settle in the UK starting from April 2016 they could be faced with leaving the UK and having to wait 12 months before they can apply to come to the UK under Tier 2.

This “cooling off period” will apply across most of the Tier 2 route.

New visitor category under Tier 2

A new visitor visa category will be created for professionals coming to the UK for short periods of up to one month.

No formal sponsorship is required, but the proposed work in the UK must be in keeping with the individual's expertise and/or qualifications and main occupation overseas.

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The changes do not feel as though they have been a thought out process by the government at a time when it should be helping small businesses to grow and expand. Most businesses will end up losing valuable employees who make a difference to their business.