As you will no doubt be aware Immigration is a fast moving and ever changing area of law that can lead to confusion and misconceptions. We hope through our Latest News web page to keep you informed of recent changes in the law and Home Office policy and to show what Brar & co can do for you.
01 April 2009
Implementation dates of new visa regimes for nationals of Bolivia, Lesotho, South Africa, Swaziland and Venezuela
The Government has announced the start dates of the new short stay visitor visa requirements for the above countries. Travellers who are transiting the United Kingdom on route to other countries will also need a transit visa.
- Visa regimes for Bolivian and Venezuelan nationals will begin on Monday 18 May 2009.
- Venezuelan nationals holding valid biometric passports containing an electronic chip will be exempt from the visa requirement.
- The temporary visa exemption for South African visitors with a previous travel history to the United Kingdom which began on 3 March will cease at midnight on 30 June 2009.
- From Wednesday 1 July 2009 all South African visitors will require a visa, as will visitors from Lesotho and Swaziland.
Students
From 01.04.2009, international students looking to study in the UK will be able to apply for their visa through Tier 4 of the new streamlined Points Based System.
Under the new system, international students will need to prove the following:
- That they have been accepted onto a course run by an education institution which is a licensed Tier 4 sponsor.
- Prove that they have the means to support themselves and pay for the fees
- Supply their biometric details at their local visa application centre.
If granted a visa you will be able undertake part-time work of up to 20 hours per week during term time, full time work during the holidays and undertake any course related work placements.
Identity Cards
The identity cards scheme will be expanded from 01.04.2009 into several more categories of immigration applicants from outside the European Economic Area (EEA).
From 31 March migrants granted an extension in the following categories will also get an identity card:
- academic visitors granted leave for more than six months;
- visitors for private medical treatment;
- domestic workers in a private household;
- United Kingdom ancestry;
- retired persons of independent means;
- sole representatives;
- dependants where applicable and when applying at the same time; and those applying for a transfer of conditions
- Adult Student Categories – to include post graduate doctors and dentists
- Child Student Categories
- Those applying for a transfer of conditions into a passport or other document.
Tier 1 Work
New Rules have now come into effect and any application submitted on or after 31 March will be considered under the new policy. As such applicant must now show they have an equivalent of a Master Degree and have earned over £20,000 in the last 12 months.
From today, the Tier 1 (general) and Tier 1 (post study work) application forms have been replaced to the 03/09 version. In line with paragraph 341 of the Immigration Rules, the previous versions of each of these forms continue to be valid for applications made for 21 days after the 31 March 2009.
Settlement/ Further Leave to Remain
Applications for settlement, in certain categories require the applicant to demonstrate that the Knowledge of Life in the UK has been met, before settlement can be granted. Currently settlement applications that meet all the relevant requirements except KOL are automatically considered for a grant of limited leave in the same category. The difference in the fee between the settlement application and the cost of an extension of stay is refunded.
From 31 March 2009 this arrangement will be coming to an end. Settlement applications submitted on or after this date in categories requiring KOL that do not meet this condition will be refused. Applicants will not have their fee refunded.
People will still be able to extend their stay if they do not meet the KOL requirement when their leave comes to an end. However, from 31 March 2009 they will need to ensure that they apply specifically for limited leave on the relevant form, rather than submitting a settlement application.
Posted 02.01.2009
Zimbabwe Cases– Zimbabwean asylum seekers were given a boost recently with the decision from the Immigration Tribunal of recognition the deterioating and severe political and human rights situation in the case of RN(Zimbabwe) [2008] UKIAT 00083. This case states that a person who cannot show loyalty the Mugabe regime or government maybe at risk upon return. As such those failed Zimbabwean asylum seekers or those who are awiting decisions may have a fresh basis to make representations to the home office and should contact us for asssistance.
Case Resolution Directorate
The Home Office have recognised that there is a huge back log of cases through out the country which require consideration, in order to attend to this matter they have established regional teams. The North East cases are in the process of being transfered to Liverpool and a dedicated team will deal with matters of those living in the North East area. Unfortunately no indication as to when individual decision will be made and the Home Office is maintaining their official stance that they are hopeful all matters will be concluded by 2011.
Posted 22.04.2008
As the New Points Based System sweeps across immigration and work related applications those already in the UK with permission to work will be effected. The Home Office announced on 11.04.2008 that new and transitional arrangements are being established for those coming to the end of their work permit.
It has further stated that those currently in the UK with a valid work permit can continue to work and reside in the UK under the terms of their visa until such a time as they are required to renew the same.
We would urge that if you are approching the expiry date for your permit and leave to reside in the UK that you seek legal advice and assistance immediately as the category of permit that you currently have may no longer be in existance.
Posted 21.04.2008
On the 03.04.08 the Secretary of State for the Home Office announced that the UK Borders Agency was to come into force. This organisation will oversee the protection of the UK Borders, control immigration, prevent immigration crime and smuggling and implement the immigration decision making process all under one department.
