16th May, 2011: Completing 14 years continuous residence does not give applicants an automatic right to be granted Indefinite Leave to Remain, the UK Border Agency has clarified.
The UKBA said each plea was considered on its individual merits; and the applicants were required to demonstrate knowledge of language and life in the UK and be of good character, conduct and associations.'
The Agency added the UK Government has vowed to crack the link between temporary migration and permanent arrangement.
The assertion came after media reports suggested thousands of immigrants have been granted 'squatters' rights' to stay in the UK after living illegally for 14 years.
Claiming that the provisions of rule were relatively unknown, the reports suggested as many annually up 2,000 immigrants are allowed to remain indefinitely as they have been in the UK since long.
Mail Online claimed a law passed by Labour in 2003 gave them the right to claim residence, if they had successfully evaded the immigration authorities for 14 years.
Official estimates suggest the number of illegal immigrants in the country is 570,000. Unofficial calculations put the total up to 870,000.
A UKBA spokesman assert they have already declared there will be tighter rules for those wanting to settle here, including a new income and English language requirement for Tier one and Tier two migrants and a tougher criminality threshold.
Reacting to the developments, chairman of Migrationwatch UK Sir Andrew Green asserts the concession for illegal immigrants should be reviewed. It amounts to a slow motion amnesty.
In 2003, the law was changed to allow anyone living here illegally for 14 years or more to apply for indefinite leave to remain.
Since then a total of 8,948 illegal migrants have continues to stay on. Once their application has been approved, the immigrant is eligible to apply for citizenship and a UK passport.
Almost 63 per cent of UK employers say non-EU workers increase productivity
22nd March 2011: The demand for migrant workers has registered an increased, even as the unemployment is rising.
The CIPD/KPMG, in its labour market survey report, has asserted that temporary migration cap is hampering employers’ ability to hire skilled non-EU workers.
The study on skills, migration and off-shoring in the Labour Market Outlook report, in fact, shows that demand for migrant workers has increased despite rising levels of unemployment, with more than a fifth of employers planning to recruit migrant workers in the first quarter of 2011.
But one in six — 17 per cent — UK employers have been prevented from recruiting non-EU migrant workers due to the temporary cap on non-EU workers that is due to end in April 2011 and be replaced with a permanent cap.
More than a third of NHS employers, for example, say that they have been restricted from recruiting skilled non-EU workers as a result of the temporary cap.
The study comes at a time when the Government is tightening its screws on immigration, and the country’s door remain open largely for the skilled labour, the talented and the entrepreneurs willing to invest huge amounts.
Only recently, the Government has announced its decision to dole out 1,000 visas per annum for exceptionally talented migrants in the fields of science, arts and humanities.
The Government has also rolled out a `red carpet’ for foreign entrepreneurs and investors. They are, in fact, being given an extra incentive to come to the UK by new visa rules, which reward those contributing to economic growth.
Quoting an example, the report asserts more than a third of NHS employers say that they have been restricted from recruiting skilled non-EU workers as a result of the temporary cap.
Almost two thirds or 63 per cent of the UK employers report that non-EU workers have allowed them to increase productivity. Public sector employers are more likely to report productivity improvements (66 per cent) than private sector employers (50 per cent).
Over 4 in ten (43 per cent) of the 759 employers surveyed report that they are struggling to fill vacancies from within the UK/EU, with 23 per cent saying they are recruiting non-EU migrant workers for engineering vacancies, 15 per cent for IT positions and 7 per cent for both nursing and accountancy/finance positions.
The findings also point to greater off-shoring activity. Fifteen per cent of private sector companies plan to offshore jobs in the 12 months to December 2011. Less than one in ten (9 per cent) private sector employers planned to offshore jobs in the summer 2010 report. Of those planning to offshore UK jobs, almost three quarters (71 per cent) intend to offshore to India, around a third to Europe (35 per cent) and more than one in five to China (22 per cent). The most common functions off-shored by employers include IT (39 per cent), call centres (25per cent), and finance (23per cent).
Gerwyn Davies, CIPD public policy adviser and author of the report, comments: “The introduction of the temporary cap has had an impact on employers’ ability to fill vacancies and improve productivity, particularly in the NHS. It remains questionable whether the increase in the number of employer-related visas issued by the government for the next year will be enough to address the projected increase in the demand for migrant workers.
“We should not forget that the UK still has skills shortages in many key areas, nor should we forget that the number of non-EU workers amounts to the tens of thousands rather than the hundreds of thousands. So while it is right to highlight our concern about rising unemployment, we should not overlook the benefits and invaluable expertise and experience that a relatively small number of non-EU workers bring to the UK economy. Keeping out skilled non-EU workers won’t help unemployed people in the UK in the near term, but could have real and negative consequences for business and the public sector”.
Michelle Quest, KPMG UK Head of People, says: “It is not always possible to fill vacancies from within the EU. When the specialist skills that businesses need are not available here in Europe, organisations will spread their recruitment net more widely. KPMG is already near the cap on its non-EU workforce – who add to the rich diversity of an organisation and the broad perspectives offered to clients.
“KPMG welcomes the concessions that have already been made by the Coalition Government. However, in a difficult economic environment, the forthcoming permanent cap will create some uncertainty in businesses’ ability to hire non-EU talent, and those factors need to be carefully weighed when detailed decisions are taken around implementation.”
22nd April, 2011: The UK Border Agency today implemented the Tier 4 - the student tier - of the points-based system. The changes to the immigration rules were announced by the Home Secretary in a statement to Parliament on March 22.
The aim of the amended rules is to deliver a strong migration system which tackles immigration abuse, while allowing genuine students to study at authentic colleges, claimed UKBA.
Tougher entrance criteria, limits on work entitlements and the closure of the post-study work route are among the changes to the student visa system announced by Home Secretary Theresa May in March. A sample of Tier 4 students studying at private institutions had earlier revealed that 26 per cent of them could not be accounted for.
UKBA asserts as per the amended system from April 2012, any institution wanting to sponsor students will need to be classed as a Highly Trusted sponsor, and will need to become accredited by a statutory education inspection body by the end of 2012. The current system does not require this, and has allowed too many poor-quality colleges to become sponsors.
UKBA adds that the students coming to study at degree level will need to speak English at an 'upper intermediate' (B2) level, rather than the current 'lower intermediate' (B1) requirement.
UK Border Agency staff will be able to refuse entry to students who cannot speak English without an interpreter, and who therefore clearly do not meet the minimum standard.
According to the new system students at universities and publicly funded further education colleges will retain their current work rights, but all other students will have no right to work. The new rules will place restrictions on work placements in courses outside universities.
UKBA elaborates that only postgraduate students at universities and government-sponsored students will be able to bring their dependants. At the moment, all students on longer courses can bring their dependants.
UKBA is also limiting overall time that can be spent on a student visa to 3 years at lower levels (as it is now) and 5 years at higher levels. At present, there is no time limit for study at or above degree level.
The UKBA also propose to close the Tier 1 (Post-study work) route, which allows students two years to seek employment after their course ends. Only graduates who have an offer of a skilled job from a sponsoring employer under Tier 2 of the points-based system will be able to stay to work.
The government had also vowed to develop a new entrepreneur route for bright and innovative students who have a business idea and want to make it work in the UK.
