Biometric Registration for UK Visa Applicants Extended

Posted on December 27, 2011 by Immigration/Global Migration Group

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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United Kingdom: MAC Recommends Shrinking Shortage Occupation List

Posted on September 20, 2011 by Immigration/Global Migration Group

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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The UK's First Annual Immigration Limit Now in Force

Posted on April 7, 2011 by Immigration/Global Migration Group

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.

In implementing the cap the UK government has acknowledged the needs of UK business insofar as the immigration cap will not apply in the following cases:

  • The Intra Company Transfer route (ICT)*
  • Tier 2 extensions with the original employer
  • Tier 2 switching to a new employer - i.e. lateral hires from within the UK
  • Switching within the UK from another permitted immigration category
  • Where the salary offered is £150,000 or more p.a. (no Resident Labour Market Test

*The Intra Company Transfer route (ICT), although not part of the annual limit, has been changed in three ways:

  • The job will have to be in an occupation on the newly updated graduate occupation SOC Code list
  • Only those paid £40,000 or more will be able to stay for more than 12 months. They will be granted permission for an initial three year period with the possibility of extending for a further two
  • Those paid between £24,000 and £40,000 will be allowed to come to the UK for no longer than 12 months, at which point they must leave and will not be able to re-apply for 12 months

Also, Tier 1 of the Points Based System will be restricted to all but entrepreneurs, investors and people of exceptional talent. The old Tier 1 (General) category has now been completely abolished.

Photo credit: David Franklin
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United Kingdom: Identity Cards for Skilled Migrant Workers Now Available

Posted on January 16, 2010 by Immigration/Global Migration Group

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.

In November 2008, the UKBA started issuing identity cards to various non-European foreign nationals living in the UK, and in December 2009 it introduced voluntary identification cards for British, European Economic Area and Swiss nationals.
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United Kingdom: New Identification Cards for British, Swiss and EEA Nationals

Posted on December 21, 2009 by Immigration/Global Migration Group

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.

The national identification card will only be issued to British citizens. Job applicants may present the card to employers for identification and work authorization verification purposes, in lieu of presenting either: (1) a passport, or (2) a birth certificate and a document containing a National Insurance number. Similarly, an identification card issued to EEA and Swiss nationals (and, in extraordinary cases, to British nationals) can be presented in lieu of a job applicant’s national passport or identity card.

However, some EEA nationals from the European Union’s 10 “accession states” have no automatic right to work in the UK and employers must also check whether those applicants:

  • have registered with the Home Office (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia);
  • have been granted a work authorization (Bulgaria and Romania); or
  • are exempt from the accession regulations’ requirements.

The two IPS-issued cards are not the same as the compulsory identity card for foreign nationals (ICFN), which the UK Border Agency is introducing for a range of categories of migrants from outside the EEA. The ICFN can also be used as evidence of the holder's right (or lack of a right) to work in the UK.

Image credit: Zscout370
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Expert Analysis of Changes in UK Immigration Rules

Posted on February 27, 2009 by Immigration/Global Migration Group

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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