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By Andrew Obsorne of Lewis Silkin

New comprehensive guidance published last week by the UK Border Agency clarifies the risks posed by illegal workers to sponsors and to businesses hoping to become sponsors. Having robust HR systems in place to prevent illegal working is more important than ever. This is especially true considering that the UK Border Agency is conducting unprecedented numbers of compliance visits.

The Full Guide for Employers on Preventing Illegal Working in the UK states that a licence will be revoked if you are issued with a £10,000 fine and objection/appeal rights have been exhausted, or you fail to pay/set up an instalment plan for a lesser fine within 29 days of notice of liability, or you breach the conditions of your instalment plan.

The Full Guide also states that applications for sponsor licences will be refused where the fine was £10,000, or there has been a repeat offence, and one of the following applies:

• there is an outstanding fine more than 12 months old;
• there was a fine less than 6 months old that was paid on time; or
• there was a fine less than 12 months old that was not paid on time.

See the guidance here.

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By Poppy Willmott of Lewis Silkin

Employers who sponsor foreign national workers in the UK should be aware of two key changes to the Immigration Rules that will come into effect on 14 June 2012:

• An increase in the funds needed to fulfil the maintenance requirement for applications to enter or remain in the UK.
• An increase in the skill level required for a job to be eligible for sponsorship

Changes to the Maintenance Requirement.

Migrants should start saving now to meet new maintenance requirements coming into effect this summer. Most categories of migrants under the Points Based System are required to show that they hold a certain amount of money in their bank accounts as part of the application process. The requisite level of funds must be held in a migrant’s account for three months before the date of application.

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An important new European Directive designed to facilitate migration of non-EU citizens was approved in December and has been officially published.

The legislation imposes significant obligations on EU member states in two respects:

• a single procedure for non-EU migrants to apply for a combined work and residence permit; and
• equal rights for third-country nationals working legally within the EU.

The Directive applies to all member states apart from Denmark, the United Kingdom and Ireland (which are specifically excluded).

To learn more about the Directive and its potential implications for employers, please continue reading at our collaborative blog, Global Employment Law.

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From the end of February 2012, the United Kingdom is extending the requirement to register biometric details to all non-EEA applicants within the country who are applying for visas of more than six months.

The UK government's move is in line with the European Union regulations specifying a uniform format for residence permits for third-country nationals. The UK was the first EU member state to implement the programme, introducing electronic residence permit cards for some immigration categories from November 2008. The new extension will complete the rollout to all in-country applicants with effect from 29 February 2012.

To learn about the requirement and its implications for employers, please continue reading at our collaborative blog, Global Employment Law.

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The Migration Advisory Committee (MAC) has recommended to Parliament that the shortage occupation list under Tier 2 of the United Kingdom’s point-based immigration system be reduced to cover 190,000 employees (not migrants) – by comparison, in 2007 the number was 1,000,000. MAC has recommended eliminating 29 job titles from the list (e.g., veterinary surgeons, obstetrics and gynecology consultants) and adding 33 job titles (e.g., actuaries, high integrity pipe welders). If the recommendations are accepted, the listed occupations would be the only positions open to migrants from outside the European Economic Area under Tier 2’s shortage occupation route, which has an annual limit of 20,700.

The full 252-page report is available here (pdf).

Photo credit: Alina Hart

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By Andrew Osborne and Anita de Atouguia of Lewis Silkin

The UK Border Agency has finally opened up the Tier 1 (Exceptional Talent) route. This route is for exceptionally talented individuals in the fields of science, humanities, engineering and the arts, who wish to work in the UK. These individuals are those who are already internationally recognised at the highest level as world leaders in their particular field or who have already demonstrated exceptional promise and are likely to become leaders in their particular areas.

To qualify under this category, applicants need to obtain an endorsement from a Designated Competent Body (“DCB”). The DCB’s include:

• The Arts Council England
• The British Academy
• The Royal Academy of Engineering
• The Royal Society

The DCB’s have agreed specified eligibility criteria and Code of Practice with the UK Border Agency. There is a limit of 1,000 in the first year of operation, of which the first half year allocation of 500 will be decided from 9 August through 30 November 2011. The remaining 500 will be allocated from 1 December 2011 to 5 April 2012. Applicants must apply for entry clearance only. There is no provision to switch into this category from within the UK.

Photo credit: David Franklin

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By George Koureas of Lewis Silkin

The UK Border Agency’s permanent immigration cap came into force on 6 April 2011. Under the annual limit, UK employers will only be able to hire 20,700 non EEA nationals based outside the UK to work in skilled professions under Tier 2 (General) of the UK's Points Based System. A further 1,000 visas will also be made available to people of 'exceptional talent' whom experts believe will make the biggest contribution to science and the arts in the UK.

New hires under Tier 2 (General) coming to the UK will also need to have a graduate level job, speak an intermediate level of English and meet specific salary and employment requirements. Those earning a salary of £150,000 or more will not be subject to the limit.

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The UK Border Agency has announced its annual update to the occupation codes of practice for sponsored skilled workers, with an effective date of March 1, 2011. To sponsor a migrant worker from outside Europe under Tier 2 or Tier 5 of the points-based immigration system, employers must use the codes of practice to: (1) check the skill level and appropriate pay for the job; and (2) determine where in the United Kingdom the job must be advertised before it can be offered to a migrant worker. Employers also must consult the latest version of the codes of practice before issuing a certificate of sponsorship.

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The European Parliament has announced two visa waiver agreements with Brazil, one concerning ordinary passport holders and the other for diplomatic, official and service passport holders. Under the agreements, all EU citizens, including nationals of Estonia, Latvia, Malta and Cyprus (who previously had needed visas to enter Brazil), can travel visa-free to Brazil for tourism and business stays of up to three months.

The new agreements do not apply to:

• students, researchers, artists, and members of religious orders, whose travel is governed by existing treaties between individual EU Member States and Brazil; or
• individuals seeking paid work. The agreements do not prevent EU Member States and Brazil from imposing visa requirements in accordance with (1) applicable EU or national law or (2) bilateral agreements that cover individuals seeking paid work.

Photo credit: Tobia Wolter

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In a July 2010 proposal, the European Commission proposed a directive that would create a uniform standard for all 27 member states concerning international intra-corporate transfers (ICTs) of highly skilled employees. The proposal permits managers and specialists to remain in a member state for up to three years (trainees for up to one year), and to bring their family along. Many businesses, currently confronted with different applicable standards among member states, support the proposal, which many believe would increase competitiveness by allowing companies to bring their best and brightest overseas—albeit temporarily—to develop, strengthen and expand EU operations. Moreover, because ICT costs, including relocation, transportation and insurance, can be burdensome, uniform rules permitting longer stays would potentially offset front-end expenditures.

Support, however, is lacking among union representatives, according to EurActiv.com. One trade union official expressed concern that ICTs will permit companies to “flood labor markets with cheap labor that undermine local conditions.”

European Parliament and member states are expected to discuss the proposed ICT directive during the first half of 2011.

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According to euobserver.com, a proposal in the European Union (EU), if adopted, would require the collection of Passenger Name Record (PNR) data of travelers flying internationally into or out of the EU. The proposal does not apply to travelers flying between EU member states.

PNR data include an individual’s home address, mobile phone number, credit card information and email address. The data are collected in the departure country, then forwarded to the arrival country for security screening purposes. Such a procedure exists in the United States: airlines flying into and over the United States must provide authorities with all passengers’ PNR data.

Support among EU member states is mixed. The proposal’s supporters point to reports that data collection resulted in 1,800 individuals being denied entry to the United States in 2008 based on data revealing links to terrorist cells or organized crime. Opponents express concerns about infringements upon civil liberties and contend that the burden on governments to maintain another huge information database (and on businesses to collect and supply this information) is onerous.
 

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The UK Border Agency recently announced some additional details regarding the cap on number of certificates of sponsorship issued under Tier 2 (General) of the points-based system. Beginning in April 2011, an annual limit will be placed on Tier 2 (General) applications. Moreover, until April 5, 2011, an interim limit on the total number of certificates of sponsorship that sponsors can issue under Tier 2 (General) is in effect: 10,382 certificates (including initial and extension applications). Included in the interim limit are certificates already allocated to sponsors. However, a small number of certificates have been set aside and sponsors may be allocated additional certificates if they are:

• an existing sponsor and exceptional circumstances exist; or
• a new sponsor.

The following types of Tier 2 applications are not included in the interim limit: intra-company transfers; ministers of religion; and sportspersons.

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On December 17, 2010, the UK High Court held that the Home Office’s temporary cap on the number of non-EU citizen skilled workers allowed entry to the UK was introduced unlawfully. As reported by the BBC, the High Court found that ministers had “sidestepped” Parliamentary scrutiny by implementing the measure without a vote. Due to this ruling, the temporary cap for two tiers of job applicants—which was intended to stay in place until the permanent cap takes effect in April 2011—is no longer in effect.

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The UK Government has announced the figures for the permanent cap on non-European Union migration to the United Kingdom. In its bid to reduce net migration to the tens of thousands by 2015, the Home Secretary Theresa May announced a figure of 21,700 as the yearly limit on migrants entering the UK from outside the EU. However, this cap excludes the categories for "Tier 2" intra-company transfers. To learn more about the cap and its implications for employers, please continue reading at our collaborative blog, Global Employment Law.

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Following two years of negotiations, the European Commission has adopted draft decisions regarding short-stay visa waiver agreements with Brazil for holders of ordinary passports and for holders of diplomatic, service and official passports. The waiver agreements will provide reciprocal visa-free travel for all Brazilian and European Union (EU) citizens, including nationals of Malta, Estonia, Cyprus and Latvia (who currently cannot travel to Brazil without a visa). Before the proposed visa waiver can take effect, the decisions must be approved by the European Council and the agreements must be ratified by all EU member states and the Brazilian parliament.

Photo Credit: Tobias Wolter

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As of July 19, 2010, rules for the United Kingdom’s Points Based System have changed (pdf), permitting the Secretary of State to limit the number of Certificates of Sponsorship (CoS) assigned to sponsors, and to limit the number of CoS assigned to specific sponsors in any one period. The UK Border Agency (UKBA) released updated guidance on Tier 2 (General) sponsorship (pdf), which outlines the changes. UKBA will send each sponsor a letter detailing their individual CoS allocation for the interim period, which runs from July 19, 2010, to March 31, 2011.

Some sponsors will be given a “zero allocation” for the period, limiting their sponsorship to existing employed migrants, and preventing sponsorship of new employees unless the sponsor applies for “exceptional consideration,” which might result in additional CoS being issued. Moreover, sponsors that are downgraded to a B-rating will automatically have their allocation set to zero “until they demonstrate their commitment to make improvements by signing up to (and paying fees associated with) a sponsorship action plan.” 

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The UK Border Agency announced that, beginning July 19, 2010, it will limit how many applications submitted under Tier 1 (General) of the points-based system will be considered per month. A long-term limit will be imposed in April 2011. Additionally, the score necessary for approval of a Tier 1 (General) work permit will increase from 95 to 100 points.

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The UK Border Agency announced that on July 19, 2010, it will introduce an interim limit on the number of sponsorship certificates employers can issue to migrant workers. An annual limit will be introduced in April 2011.

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Switzerland will issue an additional 5,500 work permits in 2010 for individuals from countries outside the European Union and the European Free Trade Association, thereby doubling the number of available work permits to 11,000, according to Swissinfo. Work permit availability was halved in December 2009 amid fears of rising unemployment, but the government revised the policy upon observing that the economy is rebounding more quickly than anticipated.

Image credit: Fabio Fatuzzo

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The UK Border Agency (UKBA) has unveiled its “super premium service” for applicants seeking to extend their stay in the UK. For £15,000, the following services will be available:

• immigration application forms will be picked up by a Royal Mail courier;
• applicants can have their biometrics enrolled at a location of their choosing, including their home or business premises, at a time and date of their choosing (between 9:00 a.m. and 5:00 p.m., Monday through Friday); and
• a decision on the application will be made within 24 hours of the visit, if all requirements are met.

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The UK Border Agency (UKBA) has issued revised guidance documents for employers and education providers holding sponsor licenses under the country’s points-based immigration system. The revised guidance documents provide information for sponsors under Tiers 2, 4 and 5, and may be downloaded from the UKBA website.

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As this blog previously noted, as of January 6, 2010, the UK Border Agency (UKBA) has started issuing identity cards to skilled foreign workers and their dependents. The identity card confirms the holder's identity, nationality, and immigration status in the UK, and also indicates whether the holder is authorized to work or study under the country’s points-based immigration system.

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By 2011, Malaysians might be required to obtain a visa in order to enter the United Kingdom, according to The Star Online. Presently, Malaysians may visit the U.K. for up to six months without a visa. However, the U.K. is considering rescinding Malaysia’s visa-free status due to the high number (an estimated 20,000) of Malaysian nationals overstaying and working illegally. If this occurs, Malaysian visa applicants will need to pay a nonrefundable processing fee of 1,200 Ringgits (approximately 350 USD; 220 GBP).

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The United Kingdom’s Identity and Passport Service (IPS) has introduced two new voluntary identification cards: 

• a national identification card for British nationals; and
• an identification card for European Economic Area (EEA) and Swiss nationals.

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The UK Border Agency has issued new advice to employers regarding the impact of company takeovers and restructurings on sponsor licenses and migrant workers.

Scenarios discussed in the advice include:

• takeovers of an entire sponsor organization by another organization;
• partial takeovers of a sponsor organization by another organization; and
• the splitting away of part of a sponsor organization to form a new organization.

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The Daily Telegraph reports a significant increase in the number of foreign workers employed in the UK via intra company transfers under Tier 2 of the country’s points-based immigration system. In 2008, more than 48,000 intra-company transfer applications were filed; approximately 30,000 concerned foreign IT workers. In total, over 35,000 foreign IT workers entered the UK that year – three times the amount that entered during the height of the dot com boom in 2000.

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A master’s degree will no longer be required for highly skilled workers seeking employment in the UK under Tier 1 of its points-based immigration system, according to the Financial Times. The move came in response to strong lobbying by business interests, who argued that the restrictions blocked access to the best talent as the UK tries to emerge from the global recession.

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The UK Border Agency announced that the Migration Advisory Committee (MAC) has completed its review of Tier 1 of the UK’s points-based immigration system. The MAC report recommends that:

• salary multipliers used to convert previous earnings (from outside the UK) into a UK equivalent should be rapidly and thoroughly reviewed;
• migrants with a bachelor's degree but no master's degree should be allowed to come to the UK if their previous earnings are sufficiently high;
• professional qualifications (e.g., law or accountancy) should be considered the equivalent of a master's degree;
• the pay thresholds should be substantially increased, with no points for previous annual earnings below £24,000;
• migrants with previous annual earnings of at least £150,000 should not need to meet the education requirements;
• applicants should receive points for their age if they are 39 or under; and
• successful applicants should initially be allowed to come to the UK for two years -- not three years -- with the possibility of a three-year extension if they are in highly skilled employment.

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The global economic crisis and rising unemployment have caused Croatia to drastically reduce the number of work permits it will grant, according to croatiantimes.com. Only 902 new work permits will be approved for 2010, compared to 4,267 in 2009. However, it is expected that the 6,000 foreign workers already in Croatia will get their work permits renewed.

Image credit: Zscout370

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Starting November 30, 2009, the UK Border Agency will fingerprint all foreign nationals entering the country with biometric UK visas, entry clearances and identity cards. This initiative is aimed at improving security and securing UK ports-of-entry and borders. On arrival in the UK, border control will perform regular immigration checks on all foreign nationals seeking admission to the UK and then capture their fingerprints to verify that they match the fingerprints given when the foreign national started the process abroad. This added security measure by UK authorities will stop individuals from cheating the system by having someone else complete biometrics abroad so that possible bars to admission, such as a criminal conviction, are not picked up during the biometrics process.

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Responding to proposals by the Migration Advisory Committee, the UK Border Agency (UKBA) has announced that before employers may hire migrant workers for a job under Tier 2 of the points-based system, they must advertise the position for four weeks. Previously, the test required two weeks of advertising, or one week’s advertising for jobs with salaries of £40,000 or more. The change is intended to better support British nationals looking for skilled jobs as the country comes out of the economic downturn.

The change will take effect December 14, 2009. To provide flexibility to employers, the four weeks of advertising will not need to run continuously. Employers that have already advertised positions need not re-advertise to meet the requirement.

Updated guidance for Tier 2 sponsors will be provided on UKBA’s website on December 14.

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Work permit quotas for 2009 in the Swiss Cantons of Aargau, Geneva, Vaud, Zug, and Zurich have been exhausted. As a result, employers may not sponsor one-year work permits for non-European Union (EU) foreign nationals or nationals of EU countries on assignment in these Cantons until 2010.

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The UK Border Agency unveiled updated guidance notes for Tiers 1, 2 and 5 of its points-based immigration system. Significant changes include:

• The English language requirement has been eliminated for individuals switching in country from leave as a Business person to Tier 1 (Entrepreneur).
• "Representatives of overseas Businesses" has been added to the list of immigration routes from which it is possible to switch into Tier 2.
• The maximum 10% limit on share ownership no longer applies to Tier 2 (Intra-Company transfer) applications
• Tier 5 (Temporary Worker) applicants granted leave to enter for up to three months upon arrival in the UK will have their leave automatically lapse once they travel outside the Common Travel Area (UK, Republic of Ireland, the Isle of Man and the Channel Islands), thereby prohibiting automatic re-entry to the UK on the basis of their original grant of leave.

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The UK Border Agency announced it is three months ahead of schedule in issuing identity cards to skilled migrants renewing their visas. Issuance of identity cards to Tier 2 skilled workers will begin January 2010, which will add 30,000 foreign nationals per year to the list of individuals assigned identity cards. Ninety thousand cards have been issued to date, mainly to students under Tier 4 and to individuals renewing marriage visas.

To provide foreign nationals with alternate and more accessible venues for submitting fingerprints, these services will be made available, on a trial basis, at 17 Crown post offices, beginning October 2009. Applicants must pay a fee of £8 if they choose this option (by contrast, no fee is required when submitting fingerprints at a UK Border Agency or Identity & Passport Service Office).

Identity cards for skilled migrants and temporary workers under Tiers 1 and 5, originally scheduled to commence in 2011, will begin in 2010. 

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The Sunday Business Post reports that Ireland may require all non-EU citizens traveling to Ireland for periods of several months or longer to obtain a visa. Currently, Ireland designates countries as either “visa required” or “non-visa required,” regardless of the proposed length of stay. The proposal comes amidst concerns that student visas and other types of visas are being used to gain back-door access to Ireland’s labor market.

Beginning January 1, 2011, Ireland plans to require a visa for students staying more than three months. Under the proposal, the Irish Naturalisation and Immigration Service seeks to introduce a visa requirement more in line with other countries’ immigration practices. In the interim, analysis will be conducted to determine whether certain countries will be exempted and whether long-stay visitors will need visas. The proposal will not be implemented until the government is confident that changes will not adversely impact visa processing times.

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The UK Border Agency has announced that immigration applicants may now book appointments online under the following circumstances: 

• an applicant may submit a “premium application” (for a higher fee) to receive a same-day decision during an in-person appointment at a public enquiry office; or
• an applicant who submitted an application by mail but needs to provide biometric information at either a public enquiry office or biometric enrollment center.

Family groups of 11 or more applying collectively must use the telephone booking service to schedule appointments. The telephone booking service will remain operative for individuals without internet access and for those who prefer to call.

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The UK Border Agency confirmed that, beginning October 5, 2009, Tier 4 education sponsors can enter phase 3, a voluntary trial period under the UK’s points-based immigration system. During the trial period, sponsors are permitted to issue potential students visa letters while transitioning to using the sponsorship system to issue confirmations of acceptance for studies.

From October 5, 2009, to February 2010, sponsors can issue confirmations, visa letters, or both to potential students applying from within the United Kingdom. Applicants from outside the United Kingdom will still have to apply with a visa letter until February 2010.

Confirmations of acceptance for studies will become mandatory in February 2010.

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Financial Times reports that lobbying efforts by lawyers and businesses led to a relaxation of the UK’s points-based immigration system posting requirement. British companies seeking to fill senior-level positions with salaries over £130,000 no longer are required to advertise the positions in local Jobcentres. However, companies must continue to advertise via other UK media.

In addition, the Migration Advisory Committee (MAC), which oversees the points-based system, declined to ban intra-company transfers in which businesses bring in overseas staff. Unions had pushed for a ban, but officials believed that preventing foreign companies from relocating staff to the UK would negatively impact investment in Britain.

Rules for the points-based system are being tightened in other respects. The MAC recently recommended that the required posting period for jobs with salaries above £40,000 be increased fourfold, from one week to four weeks. Also, starting salaries of skilled non-EU workers without formal qualifications must be at least £32,000, up from £24,000; for qualified workers the starting salary increased from £17,000 to £20,000. Although the number of skilled non-EU workers coming to the UK has decreased recently, the new changes are expected to produce a further 10% cut.

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The Financial Times reports that United Kingdom-based companies fear the points-based immigration system is negatively impacting their ability to compete. They complain that the rules have made it increasingly difficult to recruit, hire and train applicants and employees from outside Britain and that the system is flawed.

Problems have persisted since the system was introduced last year. Although designed to provide “British jobs for British workers,” the policy has frustrated companies in Britain. The requirement that businesses looking to fill high-level executive roles must post positions at local job centers, coupled with the inflexibility of visa examiners concerning application mistakes, has hampered recruitment efforts. Moreover, companies have found compliance difficult because the rules are constantly changing.

Government officials counter that 90% of applications from outside the UK are processed within three weeks. The Home Office is advising its visa case workers to be more flexible when examining applications. Most recently, the UK granted an exemption to candidates from colleges such as Harvard and Stanford, allowing them to participate in annual graduate recruitment drives until August.

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The UK Border Agency (UKBA) has announced several changes to its points-based system. Changes include (PDF):

• Under Tier 2 (General), employers will no longer need to post job vacancies at JobCentres if the position is that of a director, chief executive or legal partner where the salary package exceeds £130,000 or where stock exchange disclosure will be required;
• Migrant workers applying for a Tier 2 visa based upon an intra company transfer (“Tier 2 (ICT)”) must not be directly replacing a settled worker; and
• Establishment—exclusively for University Vice-Chancellors and Academic Registrars—of a UKBA email inbox to address urgent immigration-related matters that have not been resolved by other agencies. Responses will be guaranteed within 72 hours.

In addition, the UKBA has updated information it provides to employers wishing to sponsor foreign employees for a Tier 2, 4 or 5 visa. The 191-page packet (PDF) can be downloaded at UK Border Agency’s website.

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The BBC reports mixed reviews on England’s recently revised immigration system. Some contend that individuals with long and distinguished professional careers are slighted under the system and that preference is given to younger, more educated individuals with less experience. Others believe the system, although tough, is fair and that it promotes employment of domestic workers while allowing employers to look outside Britain and the European Union (EU) to fill specialist vacancies.

Many dismiss the system’s effectiveness and have called for a cap on migration of non-EU nationals. However, supporters contend that the system’s clear and objective criteria, without quotas, allows for admission of the most beneficial immigrant workforce regardless of the economic climate.

Issues remain, however, concerning the UK Border Agency’s inefficiency processing biometric visas and responding to specific cases. Moreover, some are troubled by the system’s lack of an independent appeals process.

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The UK Border Agency has announced changes to the way in which it processes applications by European nationals and their families for registration certificates, residence cards, family member residence stamps or confirmation of permanent residence in the UK. From June 1, 2009, the agency will check all applications upon receipt and will reject them unless the applicant has completed the application form correctly and provided the necessary supporting evidence. Family applications will be rejected in their entirety unless the necessary supporting evidence has been provided for all of the named applicants.

Further information about the application requirements is available at the agency’s “Applying under European Law” webpage.

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The European Union has formally adopted a work authorization program intended to attract highly skilled foreign workers and modeled after the United States’ Green Card program. The “Blue Card” will allow immigrants to work in any EU member state (except Great Britain, Ireland and Denmark) and will entitle card holders to limited social and welfare rights, for a renewable period of one to four years, EUobserver.com reported. Blue Card holders will receive equal treatment with nationals as to working conditions, including pay and dismissal, and will have some ability to move between EU member states. The program also includes penalties for employers who hire illegal immigrants.

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The UK Border Agency has announced  that, in order to assist the increasing number of foreign nationals who must enroll their biometric information (fingerprints and photograph) when they apply to extend their stay in the United Kingdom, in June it will open four additional biometric enrollment facilities. The latest information on the new sites is available on the agency’s webpage on biometric enrollment.

The agency’s announcement notes: “By recording and checking fingerprints and digital photographs against existing records before deciding whether to grant permission to stay, we can strengthen our border and reduce abuse of the system.” The agency has been issuing, since November 2008, compulsory identity cards to foreign nationals from outside the European Economic Area who extend their stay in the UK as partners or students. In March 2009, the agency expanded the scheme to additional applicant categories.

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The UK Border Agency has announced that passport holders from South Africa, Swaziland, Lesotho, Bolivia and Venezuela who are registered on the Iris Recognition Immigration System (IRIS) will need to re-enroll in order to continue using the IRIS facility. IRIS is a means of border control allowing registered travelers to enter the United Kingdom through automated barriers at certain airports, where a registered person’s identity is confirmed by simply looking into a special camera.

Additional information about the re-enrollment requirement, and about IRIS generally, is available on the IRIS section of the Border Agency’s website.
 

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The Irish government has announced the introduction of revised legislation for work permits, which will make it more difficult for foreign nationals to seek employment in Ireland. The changes, which were reported at irishtimes.com, will come into effect on June 1 and apply primarily to first-time entrants in the labor market.

The key provisions of the revised legislation are:

• Permits will not be granted for jobs paying less than 30,000 Euros per year.
• Permits will not be granted for a number of professions including domestic workers and HGV (heavy goods vehicle) drivers.
• Stricter conditions for the renewal of permits—including higher fees—will apply.
• Spouses and dependents of future work permit holders will need to apply for permits in their own right.

The green card list, which covers professions offering salaries between 30,000 and 59,999 Euros per year, also has been revised. As of June 1, a number of positions in the healthcare, financial services and marketing sector also will be ineligible for work permits.

In announcing the coming changes, Mary Coughlan, Ireland’s Minister for Enterprise, Trade & Employment, commented that the revised legislation was needed due to the changing realities of the Irish labor market. So far in 2009, Ireland has granted a total of 2,087 work permits to foreign nationals, compared to 23,722 for the same period two years ago.

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As reported by The Moscow News Weekly, over the past several months it has become more difficult for companies to hire and retain foreign employees in Russia. A major issue cited by various foreign business associations is that the enforcement of migration rules can be unpredictable. For example, the Federal Migration Service has become stricter in enforcing certain rules: Two years ago, diplomas attesting to the applicant's educational qualifications were required only for language teachers, but since October 2008, the rule is being enforced for all professions.

There also are concerns about the quota system for work permits and the bureaucratic obstacles that employers sometimes encounter with the system. One possible solution is to give certain white-collar employees from the European Union, the United States and Japan "green cards" that would exempt card holders from the quota system. The Federal Migration Service has drafted a bill along these lines that may be introduced in the Duma in July.

Another reason for the difficulties is the procedure by which representative offices hire foreign workers. A representative office is issued a permit by an accrediting body (such as the Chamber of Commerce and Industry or the State Registration Chamber) which states how many foreign employees the representative office may hire. Under this arrangement, foreign employees working for the representative office do not receive work permits, but rather an accreditation card from the accrediting body. Recently there have been reports of police officers questioning the validity of these accreditation cards during their routine document checks in the streets. The Japan Business Club and the Association of European Businesses have been advising their members to obtain work permits for accredited foreign employees working in representative offices.

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The United Kingdom's government has announced the start dates for new short stay visitor visa requirements for nationals of Bolivia, Lesotho, South Africa, Swaziland and Venezuela. Under the new requirements, nationals of these countries wishing to visit the UK for up to six months, will need to obtain a visit visa, and provide their fingerprints before they travel. Travelers from these countries who transit through the UK en route to other countries also will need a transit visa.

Start dates for the new visa requirements are:

• May 18, 2009 for Bolivian and Venezuelan nationals. Venezuelan nationals holding valid biometric passports containing an electronic chip will be exempt from the visa requirement.
• July 1, 2009 for nationals of South Africa, Lesotho and Swaziland.

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As reported at KableNET.com, the UK Border Agency plans to work with the United States, Canada and Australia to “introduce a system of appropriate data protection arrangements for fingerprint checks and data sharing.” This system, which is intended to help identify and bar foreign criminals from entering the UK, is one of the programs discussed in the agency’s business plan  issued on April 1.

Other highlights of the business plan include:

• As of December 2008, the agency had enrolled more than 3.6 million sets of fingerprints from visa applicants, finding more than 5,200 cases of identity swaps.
• By December 2009, the agency will open its National Border Targeting Centre, checking 60% of all international passenger movements (with the goal of checking 95% of movements by the end of 2010).
• By 2011, all new applicants coming to the UK for more than six months, or extending their stay, will need to have a biometric identity card.
   

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Effective March 31, 2009, the United Kingdom’s immigration rules covering highly skilled migrant workers have changed, raising the requirements of two categories in Tier 1 of the points-based system. Following the change, anyone applying for permission to enter the UK in the Tier 1 (General) category for the first time, or who applies to switch into the Tier 1 (General) category from another category, will need to have a Master's degree and a minimum salary of £20,000 to score points for qualifications and earnings respectively. Migrants applying to extend their permission to stay under Tier 1 (General) will not be affected by the changes.

The Tier 1 (Post-Study Work) category has also changed. Anyone applying in this category will not be awarded points for Postgraduate Diplomas or Postgraduate Certificates other than Postgraduate Certificates in Education (or PGDEs in Scotland only).

New versions of the Tier 1 (General) and Tier 1 (Post-Study Work) application forms, as well as revised guidance for applicants in these categories, are available on the UK Border Agency website.
 

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The UK Border Agency has announced changes to the immigration rules for the following categories of business visitors:

• Secondees;
• Advisers, consultants, trainers, troubleshooters; and
• Trainees.

Details of these changes are outlined in the immigration rules and the immigration directorate instructions.

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New United Kingdom (UK) Immigration Rules raising the academic and financial requirements for highly-skilled foreign workers applying for entry into the T1 (General) and T1 (Post-Study Work) categories will become effective for all applications submitted on or after March 31, 2009. The changes will apply to applicants seeking permission to enter the UK in this category for the first time, or who are applying to transfer into the Tier 1 (General) category from another category.

The resident labor market test, which prevents employers from offering skilled jobs to foreign workers without first advertising them to workers who have already settled in the UK, will also be strengthened. Effective March 31, 2009, an employer wishing to sponsor a foreign worker to do a job under Tier 2 (General) must first advertise the job:

• to settled workers in Jobcentre plus; and
• use one other method permitted by the relevant code of practice.

Full details of these changes are available in the revised guidance for sponsor applications.
 

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Conservative Party MP Damian Green said Britain should adopt Australian-style limits on immigration in light of the global financial crisis. Green made his comments simultaneously with the release of data showing UK unemployment had risen above two million for the first time since 1997, and following an announcement by the Australian government that it would reduce its skilled migrant program by nearly 20,000 to 115,000 this financial year in an effort to protect local jobs in the tough economic climate.

In support of his position, Green also stated that one in seven children in British primary schools does not speak English as a first language. Responses to Parliamentary questions reflected that in 2004, 452,388 primary school children spoke English as a second language, and that in 2008 that figure had increased by 113,500, a rise of almost 25 percent. UK communities secretary Hazel Blears is expected to announce that anyone from outside the European Union applying for a student or work visa will have to pay a migrant tax, which will go to local authorities to assist with the impact of immigration on their schools, doctors' surgeries and other public services.
 

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The Economic Times reports that Britain is preparing to impose a tax of up to £50 on applicants for student or work visas. The fee will go into a “transitional fund” to support government bodies dealing with the impact of immigration, including local authorities and police. Additional details about the fee are forthcoming; UK ministers are expected to make an announcement shortly.

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As of April 6, the UK Border Agency is extending the range of applications that can be made in person at their public enquiry offices. Applicants will be able to use the “premium service” at the public enquiry offices if they are applying under specified categories of Tiers 1, 2 and 5 of the points-based system. The Agency began setting appointments for the affected categories on March 2.

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As noted in our previous blog entry, UK Home Secretary, Jacqui Smith, has announced significant changes to UK immigration laws and policies regarding foreign workers and visitors coming to the UK from outside the European Economic Area (EEA). For analysis of this development, please see Littler's ASAP Changes in UK Immigration Rules by Ian R. Macdonald and Shin-I Lowe.

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The United Kingdom’s Home Secretary, Jacqui Smith, has announced three significant changes intended to support domestic workers and raise the bar for foreign workers wishing to enter the country. As of April 1, the UK government will:

• strengthen the resident labor market test for tier two skilled jobs so that employers must advertise jobs to resident workers before bringing in a worker from outside Europe;
• use each shortage occupation list to trigger skills reviews that focus on training resident workers for these occupations; and
• tighten new criteria against which highly skilled migrants seeking entry to the United Kingdom are judged, by raising the educational qualifications and salary required for tier 1 (General) of the points-based system.

Home Secretary Smith said: 

“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.”

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The European Parliament has voted in favor of legal sanctions against employers of illegal workers.  If formally agreed by EU member state ministers, the rules allowing for sanctions could become effective  in 2011.  The rules provide for administrative and financial penalties and, in the most egregious cases, criminal sanctions. Currently, only 19 of the 27 EU member states have criminal penalties available for such cases and the penalties differ widely from country to country. As many as eight million illegal workers are believed to be employed in Europe's hotels, farms, homes and other sectors.

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The UK Border Agency has temporarily reinstated the skilled worker category for representatives of overseas newspapers, news agencies and broadcasting organizations. The skilled worker category is one of several being deleted as part of the changes to the United Kingdom's immigration system. The reason for the temporary reinstatement is that, although most representatives of overseas newspapers, news agencies and broadcasting organizations will be eligible to apply under tier two of the new points-based system, a small number of individuals may not be eligible because they do not have a sponsor based in the United Kingdom. The Border Agency will introduce a more permanent solution later in 2009 so that representatives whose employers are not established in the United Kingdom can apply under tier two.

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The UK government has announced its proposed fee levels for all visa, immigration and nationality applications and services in 2009/10. The press release issued by the UK Border Agency states:

In setting the fees for 2009/10, the Government has continued to take into account the United Kingdom's international competitiveness at a challenging time for the global economy.

A schedule of proposed fees is included in the government’s Written Ministerial Statement.

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The United Kingdom’s Home Office announced the introduction of new visa checks for Bolivia, Lesotho, South Africa, Swaziland and Venezuela after they failed to pass Britain’s strict new visa waiver test. This measure is just one of many the government has enacted to further tighten border security. The visa waiver test reviewed all non-European countries and regions to evaluate the risk their citizens might pose, in terms of illegal immigration, crime and security, by not having to apply for a visa before entering the UK.

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UK Immigration Minister Phil Woolas may tighten the immigration points system in order to limit the number of skilled foreign workers entering the UK before the summer, when 400,000 students will be graduating from university. As reported in the Daily Mail, Woolas stated: “The points-based system that has been introduced allows us to toughen the criteria, and clearly in the economic situation that is something it is beholden on us to do.” The plan, dubbed “British jobs for British graduates,” has been under debate for several weeks, and it now goes to Cabinet for discussion.

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The New York Times reported that the Czech Republic will offer a free plane ticket and $649 to foreign workers who agree to return home after losing their jobs in the economic downturn. Interior Minister Ivan Langer stated that many unemployed foreigners lacked cash to buy a ticket home because they had to pay bribes or excessive fees to agencies that had placed them in jobs.

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KableNET reports that the United Kingdom’s Foreign and Commonwealth Office (FCO) is planning to establish web-based embassies for parts of the world where it does not have a physical presence. This trial project is not yet live, but the FCO plans to make Maldives the site for first virtual embassy. Other possible locations are Honduras, Kyrgyzstan and Madagascar.

The “virtual embassy” websites will be interactive, including an external page for the public providing basic information on the country (or region) and links to consular and visa services. The virtual embassies also will provide support tools for existing “laptop diplomats”--FCO staff who work away from embassies using mobile communications and laptop computers.
 

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A record 151,635 work permits were issued in the United Kingdom in 2008. The Telegraph further reports that: 

• Indians were the largest recipient of the permits, at 49,950, followed by 28,835 Americans and 8,090 for workers from China.
• More than one in four permits allowed the migrant to stay for up to five years although 40 per cent were for less than a year.
• Some 85 permits were for more than five years.
• Over the same time period, unemployment increased by 290,000. 

These figures emerged on the day that Britain officially entered a recession.

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Driven by a high unemployment rate, The Times is reporting that British Home Secretary Jacqui Smith has altered the rules regarding overseas job advertisements. Under existing rules, employers are required to advertise a job vacancy for up to two weeks in the UK before advertising overseas. Now, however, employers will also be required to advertise openings for skilled workers in the JobCentre Plus network. The new rules are intended to help fulfill Prime Minister Gordon Brown's controversial promise in 2007 to keep 

British jobs for British workers.
 

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As reported at Personneltoday.com, Chartered Institute of Professional Development (CIPD) chief economist John Philpott has recommended further restrictions on migration into the UK during the economic downturn. Philpott suggested that the points-based system should be tightened up to slow the arrival of non-EU workers. Under the points-based system, foreign workers wishing to work in the UK accrue points according to their qualifications, previous earnings, age and UK experience. The government can adjust the number of points required for entry to the UK.

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The Telegraph (UK) reports that The Borders, Immigration and Citizenship Bill, expected to take effect in April 2009, will levy an “immigration tax” of approximately US$30 upon entry into the UK on a visa, to go into a “transitional fund” to help deal with the impact of immigration. The bill also will introduce the concept of “probationary citizens” for migrants who want to settle in the UK: after five years’ residency, an applicant enters a probationary period, the length of which will depend on contributions the applicant has made to society, such as volunteer or community work.

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The Guardian reported that Great Britain’s Labour Party will seek a revision of the international convention on refugees, on the grounds that it predates mass migration and leads to abuse of the asylum system. Immigration Minsiter Phil Woolas said he wanted to start a debate about the 58-year-old convention which protects individuals' rights to asylum from state persecution. French president Nicholas Sarkozy has made a similar proposal. Woolas said:

The Geneva convention was intended to protect individual people from persecution. A significant number of people who claim asylum are doing so for broadly economic reasons. So I think it is right we look at the framework, as indeed other European countries are doing.

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Immigration talks between France and Mali collapsed on January 8 after Mali refused to sign a bilateral accord, according to Yahoo! News. Negotiations collapsed despite France having made "many concessions," such as agreeing to increase the number of Malian immigrants authorized to work in its territory. Of the 120,000 Malians in France, only 45,000 live there legally.

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Under the United Kingdom’s new Employer Sponsorship system (in place since November 27, 2008), employers must register for a license in order to employ non-European Economic Area migrants. The UK Border Agency announced that 4,875 employers in the UK have registered as sponsors as of January 5, 2009.

According to the Border Agency, the new system:

• ensures only those skilled migrant workers who are needed can enter the UK;
• introduces tough criteria requiring employers to prove a resident worker doesn't want the job before offering it to a foreign worker; and
• is flexible, meaning that the bar can be raised or lowered according to the needs of the labor market and the country as a whole.

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A study by Migrationwatch UK found that, although the number of people working in the UK rose by 1.34 million from 2001 to 2008, the number of British-born workers in employment fell by 62,000 over that same period. The number of migrant workers from Eastern Europe increased by half a million. These figures are being used to argue that Prime Minister Gordon Brown's policy of "British jobs for British workers" is failing to meet its goals.

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