1st Contact Visa News

Tier 1

visa news — Thu, 09 Jul 2009 13:39:00 +0000

The Tier 1 visa is by far the visa of choice for mobile professionals wishing to come to or extend their stay in the UK. It is also the preferred UK visa status of most employers, employer groups and recruiters, as it offers the most flexibility amongst all UK visas.

Although the UK Border Agency (Home Office) recently raised the bar in terms of the eligibility criteria for the Tier 1 visa, this has not deterred those who wish to gain valuable experience in an economic and global powerhouse.

The requirements that need to be met for the Tier 1 visa include a minimum academic qualification equivalent to a UK taught Masters degree, which also includes many Chartered Accountant professional qualifications from around the world, such as ACCA, ICAA, CPA and CIMA, as well as minimum past earnings of £20,000.

For those wishing to extend their HSMP visa into the Tier 1 scheme, these new minimum requirements do not apply to you. Points will still be awarded for Bachelor degrees and for earnings levels starting at £16,000.

Should you be considering coming to the UK for employment purposes, it is essential that you are aware of what UK visa options are available to you, well in advance of your intended travel.

Authorities, Not Immigrants, In Breach of UK Law

visa news — Wed, 24 Jun 2009 03:45:00 +0000

Immigration services firm 1st Contact is raising concerns over the legality of current practice by the UK Border Agency following numerous reports of lengthy waiting periods for family members of EEA nationals awaiting the outcomes of their applications to live and work in the UK. By law the agency is required to decide Residence Card applications within a period of six months.

In light of reports that authorities are taking up to fourteen months to decide applications, 1st Contact’s Visa Manager Stephen Atkinson says the UK Border Agency is in clear breach of its legal obligations.

Essentially, Community Law stipulates that the UK Border Agency must decide residence card applications within 6 months, or they are open to damages claims, he explained during a recent exclusive interview.

With a record of client cases of residence applications which have not been decided within the stipulated period, the UKBA is currently in breach of Community Law. It’s an issue Atkinson is taking up in conjunction with ILPA, urging his clients and long-suffering applicants to do the same.

The UK Border Agency says it is in their interest to hear complaints from applicants and has assured the public that complaints received will not affect the status of the individual’s application.

Applicants who have not received a response from the Border Authority within six months of submitting their documentation may lodge a complaint on their UKBA website.

Job Opportunities Abound in Some UK Sectors

visa news — Wed, 24 Jun 2009 03:44:00 +0000

A tough economic climate has left many feeling that work opportunities abroad are few and far between. But according to the latest moves by the Migration Advisory Committee, while some skills need to be removed from the list of those in demand, others should be added. A whopping 530,000 jobs in the UK still need to be filled from highly skilled workers.

The migration committee which serves as the UK government’s key advisor on immigration says professions in line of orchestral musicians, computer animators and dancers should be considered in-demand professions.

Professor David Metcalfe, Chair of the Committee, says his team has “looked critically at the evidence regarding the occupations under review and made recommendations which balance the needs of the UK workforce against those of employers”.

Revising medical and health related occupations and the criteria by which care assistants, home carers and chefs are defined as skilled also stands on the Migration Advisory Committee’s agenda.

"It is important to note that some shortages of skilled labour will still exist in a recession,” says Metcalfe.

“This can be where there is a long-term structural shortage of skilled workers, where workers provide key public services, or in areas such as culture where the United Kingdom needs to maintain global leadership,” he added.

The recommended changes will only apply to Tier 2 employer sponsorship of the points based system (PBS). UK immigration will announce decisions based on the Migration Advisory Committee‘s recommendations at a later date.

HSMP ILR Judicial Review Policy

visa news — Wed, 20 May 2009 18:04:00 +0000

20 May 2009

From the UK Border Agency website:

This page explains the arrangements that have been put in place for migrants covered by the 6 April 2009 judgment in the judicial review brought by the HSMP Forum Ltd. This judgment relates to the continuous residence requirement for settlement in the United Kingdom (also called 'indefinite leave to remain' or ILR).

You are covered by the judgment if we sent you a Highly Skilled Migrant Programme (HSMP) approval letter on the basis of an application made before 3 April 2006, and you obtained entry clearance or permission to stay in the United Kingdom (also called 'leave to remain' (LtR)) on the basis of that letter.

Migrants covered by the judgment fall into a number of groups, depending on their circumstances.

Migrants who have already settled in the United Kingdom under the HSMP or Tier 1 (General) on the basis of having completed five years continuous residence in a qualifying category
You fall into this group if: you were initially granted entry clearance or permission to stay in the United Kingdom for one year under the HSMP requirements; you then successfully applied to extend your stay by a further three years; and you subsequently had to make a second extension application in order to complete five years' continuous residence in the United Kingdom.

Migrants who have completed four years' continuous residence in the United Kingdom in a qualifying category
You fall into this group if: you were initially granted entry clearance or permission to stay in the United Kingdom for one year under the HSMP requirements; you then successfully applied to extend your stay by a further three years; and you subsequently had to make a second extension application in order to complete five years' continuous residence in the United Kingdom, but you have not yet reached the point of applying for settlement.

Migrants who will soon have completed four years' continuous residence in the United Kingdom in a qualifying category
You fall into this group if: you were initially granted entry clearance or permission to stay in the United Kingdom under the HSMP requirements, for one year (if your application was approved before 3 April 2006) or two years (if your application was made before 3 April 2006 but not approved until after that date); and you then successfully applied to extend your stay by either three or four years, but you have not yet reached the point of applying for settlement.

Migrants who applied for settlement after four years and had their application refused
You fall into this group if your application for settlement was refused purely because you had not completed five years continuous residence in the United Kingdom, and: you won an appeal against the refusal decision and were later granted permission to stay; or you did not appeal the refusal decision; or you appealed the refusal decision but your appeal was dismissed.

Migrants who have completed four years' continuous residence in the United Kingdom in a qualifying category and have applied to extend their stay
You fall into this group if: you were initially granted entry clearance or permission to stay in the United Kingdom for one year under the HSMP requirements; you then successfully applied to extend your stay by a further three years; and you have now applied for a second extension in order to complete five years' continuous residence in the United Kingdom.

Note that this only applies to HSMP - it does not apply to Work Permits or Ancestry visas.

Please do not hesitate to contact us on visas@1stcontact.com for further details.

Australian 2009-10 Budget and its effects on Immigration policy

visa news — Mon, 18 May 2009 02:56:00 +0000

The budget was released last week and unsurprisingly there have been amendments to the current Immigration policy of Australia. The following is a summary of those changes announced by the Minister for Immigration and Citizenship, Senator Chris Evans and how they may impact on those affected.

Skilled Migration places will be reduced to 108,100 from 115,000 this reduction is on top of the March reductions when skilled migration was reduced from 133,500 to 115,000. This represents a 20% reduction in overall skilled migration numbers and reflects the governments concern about Australian resident jobs.
The English language IELTS score for tradesmen has been increased from 5 to 6 for non-sponsored applicants. This will take effect from 1st of July 2009 for offshore applicants and 1st of January 2010 for onshore applicants. This change reflects the governments belief that immigrants with good English language skills have better success at finding work and integrating into Australian life
Employer and government sponsored visas will not be capped and in most cases will still be afforded a fast track processing system as will those applicants who feature on the Critical Skills List (CSL). This reflects the governments desire to design an immigration system that can react quickly and fill critical skills shortages quickly where possible.
A job ready test will be implemented on 1 January 2010 for onshore skilled trade applicants. The Details of the job ready Test are being developed by the Department of Education, Employment and Workplace Relations in consultation with the Department of Immigration and Citizenship and key industry stakeholders.

1st Contact recommends that those people who are considering applying under the General Skilled Migration (GSM) pathway consult a registered agent to discuss their eligibility. With these further restrictions and reduction in numbers it is more important than ever to ensure your application is submitted correctly, errors in application have the potential to set migrants back months even years in their plans. For those applying under the GSM but not on the CSL it is expected that long delays in processing times are to be expected and as such other options such as sponsorship may be worthwhile investigating.

Highly skilled migrant programme (HSMP) Forum ILR Judicial Review - Judgement of 6 April 2009

visa news — Thu, 23 Apr 2009 09:59:00 +0000

From the UKBA website - 23 April 2009

www.ukba.homeoffice.gov.uk/.../indefiniteleavetoremainforhsmp1

This news item follows on from the news item published on 14 April 2009.

The Court Order, dated 8 April 2009, in relation to the above judgment gives the UK Border Agency 42 days to implement that judgment.

Work is underway to put the necessary remedies in place. This is not a simple matter and it is right and proper that we take the time available to make sure that correct policy and procedures are in place for all those affected.

We appreciate that those affected will be keen to formalise their position in relation to the judgment but ask you not to submit an application based on the outcome of the judicial review, until policy and procedures are published on this website.

There will be some people whose leave is due to expire before (or shortly after) the policy and procedures are published on the website. Those people will need to submit an in-time application. If this is the case you can submit an application for indefinite leave to remain (ILR) and this will be held until policy and guidance is published. It would help if you can make sure you attach a note to your application identifying yourself as being affected by the ILR judgment handed down on 6 April 2009.

Policy and procedures for all those affected by the judgment will be published on or by 20 May 2009.

Australia Still Wants Your Skills

visa news — Wed, 15 Apr 2009 06:52:00 +0000

Recent media reports have created the impression that Australia is no longer welcoming skilled migrants. But it’s an impression, expert immigration firm, 1st Contact says is inaccurate. The international firm says amendments to Australian migration policy centre on changes in the categories that administer migration and do not signal any end to it.

“Australia does still need skilled migrants,” says Anna McKellar, a Visa Consultant at 1st Contact’s Migration Office in London. “Occupations for skilled professionals are still open so individuals possessing sought after skills remain in demand.” She identifies recent confusion in the media as having emerged, given several professions have been removed from a critical skills occupations list designed to fast track applicants’ processes for individuals possessing skills in high demand in the Australian economy.

In January 2009 the Department of Immigration and Citizenship (DIaC) introduced the Critical Skills List (CSL), which highlights occupations in critical demand in Australia. On the basis of this list, authorities fast track an application if the potential migrant performs an occupation which is registered on the CSL. When any given skill is removed from the list, it isn’t removed from the overall Australian migration category of skills in demand.

1st Contact says it’s important to understand that there are 2 lists used specifically for the purpose of allocating points to an applicant’s points score when seeking employment in Australia. “They comprise the Skilled Occupation List (SOL) and the Migration Occupations in Demand List (MODL),” McKellar points out.

In mid March, the DIaC reviewed the CSL and removed all trade occupations in building and manufacturing, with exceptions for Gasfitters, Wall and Floor Tiler and Electronic Equipment trades. The move led some to assume or report that these skills were thus no longer in demand at all, when in fact they were simply no longer eligible for fast tracking as they had been removed from the CSL. The BBC was amongst those who erroneously reported “bricklayers, plumbers, welders, carpenters and metal fitters are no longer required,” when, in fact, their applications are simply not eligible for fast-tracking during the application process.

According to Australian Senator Chris Evans, Minister for Immigration and Citizenship, building and manufacturing trades will be removed from the Critical Skills List, meaning fast tracked applications for bricklayers, plumbers, welders, carpenters and metal fitters will no longer apply. “The list will now comprise mainly health and medical, engineering and IT professions,” he noted in an online statement on a government website.

The changes to the Critical Skills List are due to the economic situation in Australia, which has prompted authorities to limit migration intake for the next visa year, which starts in July and runs through to June 2010. The biggest slow down has occurred among the trade sector in Australia and due to this slow down in the market, DIaC reviewed the CSL, and has taken the appropriate action.The Australian authorities will continue to review the critical skills list and according to Senator Evans, the “government remains committed to a strong migration program but will continue to monitor the migration intake and will set the 2009-10 migration program to reflect the economic climate as part of the Budget process.”

Although some occupations have come off the CSL, they will remain on the SOL (Skilled Occupations List) and MODL (Migration Occupations in Demand List), so applicants who satisfy the points criteria can still make an application for migration to Australia. The option of fast-tracking applications for skilled professions, which no longer fall on the CSL, are still available under State or Territory sponsorship.

Changes to the Certificate of Approval Scheme

visa news — Thu, 09 Apr 2009 03:50:00 +0000

09 April 2009

With effect from 9 April 2009 the UK Border Agency is suspending the fee for Certificate of Approval applications. This means that individuals making an application for a Certificate of Approval on or after this date will not be required to pay the fee.The fee has been suspended in order to comply with the House of Lords judgment in the case of Baiai v the Secretary of State for the Home Department.

The UK Border Agency is carefully considering the implications for those who have already paid a fee and will shortly announce its policy in this respect.

High Court Ruling Victory - ILR for HSMP Visa Holders after 4 Years

visa news — Tue, 07 Apr 2009 07:43:00 +0000

Yesterday the High Court of Justice ruled in favour of HSMP visa holders in that the Government’s decision to increase the requirement for Indefinite Leave to Remain (ILR) from 4 to 5 years was unjust.

The Court agreed that when migrants were admitted to the HSMP scheme prior to April 2006, they had the full expectation that they would be eligible to apply for ILR after only 4 years, not 5 as amended by the Government in April 2006.

In a statement released by HSMP Forum Ltd, the not-for-profit organisation who campaign for the rights of HSMP visa holders, they stated that this is another landmark decision directing the UK Border Agency to honour it’s original commitments to HSMP visa holders.

At this early stage, 1^st Contact is unable to provide the dates on which the policy will be announced and implemented by the UK Border Agency. We will continue to update our website accordingly. Please note that when implemented, this will only affect those who entered into the HSMP scheme prior to 03 April 2006. For those who joined after this date, the 5 year requirement will still be in place.

New Tier 1 Highly Skilled Migrant Rules - 31 March 2009

visa news — Wed, 18 Mar 2009 14:46:00 +0000

The new laws surrounding initial or first Tier 1 (General) applications were published today, where the fears that Masters degree qualifications would be the absolute minimum requirement have been realised. The minimum earnings criteria has also been raised to £20,000.

The good news is that this does NOT affect extension applications for those currently in the UK under the HSMP or Tier 1 (General) schemes. Further to this, professional or vocational qualifications such as CA/ACCA/CIMA etc will still be recognised as equivalent to a UK taught Masters degree - as long as the UK professional body will confirm such.

Please do not hesitate to contact us for a free assessment of your eligibility for the Tier 1 (General) Highly Skilled Migrant programme.

UK Economic Slump Further Hinders Immigration for Highly Skilled Professionals

visa news — Mon, 23 Feb 2009 07:17:00 +0000

The UK Border Agency has once again announced a further clamming of immigration law, set to adversely affect young aspiring professionals wishing to spread their wings and pursue a career abroad. A new addition to the radical UK immigration regime, issued by the UK Border Agency (UKBA), has imposed a new criterion on Tier 1 Visa applications, where any highly skilled foreign national must possess a master’s degree (rather than a bachelors degree) and earn an annual salary of £ 20 000 to gain permission to work in the UK. According to expert immigration firm 1st Contact, the new legislation is set to protect the interests of British nationals in the face of the economic slump.

1st Contact affirm that, in an attempt to safeguard UK citizens from potentially losing their jobs to foreign workers, the UK are also imposing restrictions on UK based companies wishing to recruit foreign workers, according to Tier 2 Visa regulations, where the following restrictions have been implemented to date:

UK employers will need to advertise job posts to UK residents through a UK job Portal, JobCentre, before they are able to consider recruiting a foreign employee outside of the EU.
The UK Skills shortage list will no longer be used as a tool for recruiting foreign workers, but rather as a means of upskilling British nationals to decrease the UK’s dependency on foreign skills.

1st Contact urges all highly skilled professionals who are in the process of obtaining their Tier 1 Highly Skilled Migrant Visa, to live and work in the UK, to move extremely quickly in confirming their applications, since the new legislation governing UK Tier 1 Visas is set to come into full effect, as early as, April 2009. In addition to this it has been alleged that further restrictions to the Tier 1 Highly Skilled Migrant Visa may still take shape.

UK Home Secretary Jacqui Smith says “ Just as in a growth period we needed migrants to support growth, it is right in a downturn to be more selective about the skill levels of those migrants, and to do more to put British workers first”.

For more information, please visit www.1stcontactvisas.com

Concession for Unmarried Partner Visas Announced

visa news — Fri, 20 Feb 2009 09:55:00 +0000

On Monday 23rd February 2009, a concession will be implemented in relation to obtaining an unmarried partner visa from within the UK to someone who is present and settled in the UK (eg British passport, ILR, Right of Abode). In November 2008, the UK Border Agency implemented new rules that prevented a person who holds limited leave to enter (eg working holiday visa, student visa, work permit etc) from applying for an unmarried partner visa to someone who is present and settled from inside the UK - the applicant needed to travel back to their home country to apply.

This concession has been introduced allowing persons whom hold a limited leave to enter visa to submit their application for an unmarried partner visa to someone present and settled from the UK, without needing to return home. This concession will last until approximately June 2009.

Should you be looking to apply for an unmarried partner visa to a person with a British passport, ILR or Right of Abode, we suggest you contact us as soon as possible to take advantage of these transitional arrangements for unmarried partner visa applications.

Proposed fee increases for UK visas

visa news — Fri, 13 Feb 2009 06:25:00 +0000

The UK Border Agency (Home Office) announced yesterday their proposed fee increases for 2009/2010. In an effort to recoup the cost of roll-out of their tough new regime, the bill seems to have been passed to migrants to pick-up. The UKBA feels that the burden should be lifted from UK tax payers.

In the largest shake-up of UK immigration in over 4 decades, the improvements to systems and technology cost money to implement, says the Government, hence the review of fees. The UKBA is set to spend around £2.2 billion over the coming 2 years to ensure the security of its borders. They aim to recoup approximately 30% of this cost through migrant application fees.

The proposed fees can be viewed via the following link - http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/charges200910wms.pdf?view=Binary

UK Visa Clamp Down for South Africans

visa news — Tue, 10 Feb 2009 01:19:00 +0000

The South African passport is now invalid for attaining entry into the UK, where South Africans will need to apply for a Visa to be granted UK entry rights…..

With the UK government embarking upon one of its most radical regulatory regimes, by deeming the South African passport as invalid to gain entry onto UK based soil, merely as an added security measure, South African based expert Immigration group, 1st Contact, explain the stark reality and practicalities surrounding this stringent new policy and how this is set to really affect South Africans.

According to 1st Contact, not only will this be a lengthy and cumbersome administrative process for South Africans to gain the correct Visa status to visit the UK, but there is also a newly introduced bio-metric component attached to this new regime. It has been alleged that South Africans will be required to complete a 10 page application form, incur fees anywhere from £ 65 (for holidays Visas) to £ 600 (for business Visas) and then still make their way to VFS (Visa Facilitation Service) office, for finger printing and retina scans. The biometric scans are then sent to the British High commission along with the application to review, before the granting of Visas takes place.

1st Contact predicts that UK authorities may clamp down even further and that the application process may not be as simple and straightforward as what we, as South Africans, would have hoped for.

This new policy is set to come into full effect on 3 March for first time South African visitors to the UK, where it is predicted that the full regime will come into play by mid 2009.

Historically South Africa has made up the 5th largest tourist group in Britain. According to an article published in the BBC, in 2007 419 000 South Africans legally visited the UK, comprising of 168 000 tourists and 46 200 business visitors, where over 3000 South Africans were even granted work permits. According to 1st Contact, the new regime is not designed to curb tourism from South Africa but has simply been designed to strengthen the UK’s borders.

It is alleged that 6 months ago, South Africa was forewarned by UK officials to improve its passport security systems, where failure to do so would result in stricter entry measures. Countries such as Botswana, Brazil, Malaysia, Mauritius, Namibia, Trinidad and Tobago had improved their systems sufficiently and on time to prevent further stringency from the UK government

1st Contact offers the following advisory tips for South Africans with travel aspirations, to make the most out of this unfortunate situation:

Since this process is a cumbersome one, with predictions being made of a further clamp down, initiate your Visa application with an expert immigration firm, in order to avoid delays to the issuance of your visa. The cost of acquiring these visas is extremely high, and coupled with travel expenses, traveling to the UK has now become an expensive undertaking. As such any errors made in the application process could result in individuals running the risk of loosing their non-refundable visa fees. Consulting an expert will ensure that you do not loose your application fee unnecessarily should your application be denied due to a technical error.
Ensure you know the visa entry requirements for the UK prior to departure, as repatriation to South Africa can be costly.
If you are only coming to the UK as a visitor, do not carry things such as CV’s, job offers, employment references etc… in your hand luggage. This will increase your chances of being refused entry by a UK immigration officer!

For more information about this issue, or to make contact with one of our expert visa consultants, visit www.1stcontactvisas.com

UK Clamps Down on Citizenship Law

visa news — Fri, 23 Jan 2009 03:20:00 +0000

In an effort to control UK immigration and a massive influx of foreign workers flooding the market, often to reap the benefits of a socialised society, the UK Border Agency has introduced the Borders, Citizenship and Immigration Bill to parliament. With the new Bill set to clamp down on the residency rights of migrants, it has been reported that foreigners residing in the UK may face up to an additional 3 years in the run up to attain British citizenship.

According to expert immigration and financial services group 1st Contact, this will have a significant impact on migrants who have entered the UK on temporary visas, who will now have to face the fate of remaining in the UK for up to 8 to 10 years to attain their British passports and full citizenship rights. 1st Contact explains that the Bill could come in to effect as early as 2009, but the implementation date is yet to be confirmed. Migrants who have resided in the UK for the qualifying period of their temporary residence will move into a period of ‘probationary citizenship’ for up to an additional 3 years, after which they will be evaluated by the state for full British citizenship and the benefits it bestows. The Bill is set to enforce a set of criteria for migrants to speak English and demonstrate their lawfulness and contribution to the community in proving their active state of citizenship.

Border and Immigration Minister Phil Woolas said:
"We are clear that newcomers should speak English, work hard, and earn the right to stay here - and only get British citizenship once they have proved their commitment to the country. Migration only works if it brings benefits, and these measures will ensure that only those migrants that make a positive impact on their local community will be able to stay in the UK."

With much speculation existing around the possible implementation of the Bill in 2009, 1st Contact urges individuals who are eligible for ILR (Indefinite Leave to Remain), commonly referred to as permanent residency, or naturalisation to apply before the Bill comes into effect.

For more information about this issue or to make contact with one of our expert immigration consultants please visit www.1stcontactvisas.com