Latest News

New guidelines, altered restrictions, government policy announcements.

April 2009

Workers Registration Scheme

This has been extended for a further 2 years, which will mean that restrictions for A8 nationals shall continue until 2011.

More Here


In November 2008, a number of changes to the Immigration Rules came into effect. A brief synopsis follows.

More detailed information can be obtained by contacting the office.


The UK Points Based System
As the name suggests, this is a points-based method of qualifying for UK work permits and visas. The system is split into five distinct Tiers:
  • Tier1
    For innovators, entrepreneurs, highly skilled individuals and post-graduates in the UK, replacing the International Graduates Scheme (IGS), Innovator Visa, Entrepreneur Visa and Highly Skilled Migrant Programme (HSMP);
  • Tier 2 - skilled workers with a job offer, e.g. nurses, teachers, engineers;
  • Tier 3 - low skilled workers filling specific temporary labour shortages, e.g. construction workers for a particular project;
  • Tier 4 - students
  • Tier 5 - youth mobility and temporary workers, e.g. working holiday makers or musicians coming to play a concert.
Tier 1(General) Visa
Skilled migration plays an important part in the United Kingdom's effort to keep its economy globally competitive. As part of the UK's five-tier points based immigration system, Tier 1 (General) allows highly skilled individuals who score the requisite points to immigrate to the UK without any kind of sponsorship from an employer. Highly skilled individuals include doctors, scientists, engineers, MBAs, and other educated workers. If you can speak English, have earned at least the equivalent of a bachelor's degree, and can show that you have earned a relatively good income in your home country, Tier 1 (General) is the right visa for you.


Tier 2 Visa Overview
Tier 2 was implemented on 27 November 2008 and offers an entry route into the United Kingdom for skilled workers who are citizens of countries outside of the European Economic Area. In all cases people applying for entry under this scheme MUST be in possession of a JOB OFFER and fulfil other requirements as detailed for the different categories.
Tier 2 has four categories:
  • General: for people coming to the United Kingdom with a job offer to fill a gap that cannot be filled by a settled worker which may or may not be on the Shortage Occupation List
  • Intra Company Transfers: for employees of multi-national companies who are being transferred by an overseas employer to a skilled job in a UK-based branch of the organisation
  • Sports People: for elite sportspeople and coaches whose employment will make a significant contribution to the development of their sport at the highest level
  • Ministers of Religion: for those people coming to fill a vacancy as a Minister of Religion, Missionary or Member of a Religious Order
To qualify for inclusion under the General and Intra Company Transfer categories of Tier 2, a job must require a skill level of S/NVQ level 3 or above as indicated in the codes of practice relevant to the sector and to the job
Ministers of religion and sports people on temporary assignment should apply for entry under Tier 5 for Temporary Workers
Tier 2 replaces the UK Work Permit scheme. People wanting to extend their leave to remain in the UK who were initially granted leave under the Work Permit scheme are allowed to switch into Tier 2.

Tier 3 Visa Overview
PLEASE NOTE: Tier 3 is currently suspended. There is no information on when or if it will be implemented.

Tier 4 Visa Overview
PLEASE NOTE: This tier is due to come into force in Spring 2009. It may still be subject to change, so check back often for updates.
The United Kingdom's new points based system will also include Tier 4 for international students.
Students coming to the UK under a Tier 4 visa will require a university or other qualified UK educational institution to sponsor them. They will also need to score enough points to be accepted as an international student in the UK. How the points system for students will work has not been decided yet.
The current system grants visas for an initial period of one year, which may or may not change under the tiered system. Foreign students have been historically allowed to work -- 20 hours while school is in session and 40 hours during holidays. The aim is to now increase the amount of working time students are allowed.ier 4 for international students is expected to go into effect at the beginning of 2009.
Students will be granted leave to enter the UK for the purposes of completing their course at a specified institution. The grant will also take into account the time needed to conclude affairs and attend graduation. Changing from one course to another at the same establishment will not require a new visa application; however, changing a sponsor or obtaining a UK tier visa extension will require a further application to be lodged.
This level of the new system is not designed as a route to settlement in Britain and does not provide the opportunity to apply for Indefinite Leave to Remain (ILR) or permanent residency. A Tier 4 visa is a temporary immigration service designed with a specific purpose in mind and will not lead to British naturalization as a UK citizen.

Categories of student:
Students are divided into three categories when applying for a UK visa at this level. Each category requires the satisfaction of separate criteria as set out below.
General student:
Students studying in Britain at or above degree level in a publicly funded institution, or engaging in more than 15 hours of study per week. In this category, work is permitted for 20 hours each week rising to full time hours during holiday periods. Dependents are permitted to join students in this category.
School:
Students in full time study at an independent school up to the age of 18. Working hours are the same as the general student category but dependents are not permitted.
Study through work:
Students on courses of work experience or placements. Working hours will be the same as the other two categories and dependents will be permitted in instances where the principal applicant will be in the country in excess of 12 months.
Educational institution obligations:
Educational institutions offering study places to overseas students will need to attain the status of approved sponsors by demonstrating that they are bona fide establishments, rather than non-accredited or purely commercial operations. Certificates of sponsorship act as verification from a college or university that students making UK visa applications will abide by the rules and requirements of their course. Educational institutions will also be obliged to report non-enrolment and non-attendance.

Tier 5 Visa - Youth mobility scheme/ temporary workers
Tier 5 of the points based tier immigration service is designed to accommodate two different groups of people immigrating to the UK on a temporary basis. Tier 5 visas apply to people who wish to immigrate to the UK in order to participate in a youth mobility scheme. In addition, they cater for a range of specific temporary employment opportunities.

Marriage
Spouses of UK citizens or permanent residents (mainly those with indefinite leave to remain) may come to the UK under marriage visa category, and are able to work as soon as a visa is granted. You will need to meet the following marriage visa requirements:
  • If you have been together for less than four years you will be granted a marriage visa for a probationary period of two years. If you are still married and living together at the end of two years in the UK permanent residence (indefinite leave to remain) will usually be granted.
  • If you have been together for four years or more outside the UK and you have passed the Life in the UK test, you are eligible for indefinite leave to remain (permanent residence) in the UK without having to live in the UK for two years.
  • The UK citizen or permanent resident must have actually met their non-UK spouse..
  • You must intend to live together permanently with your spouse in order to obtain a spouse visa.
  • You must possess sufficient funds to pay you and your spouse's living expenses and those of any dependants without claiming public funds. Public funds cover many benefits paid by the Government if you are currently looking for work, if you are on a low income and other situations. You are not allowed to claim any benefits during your probationary period.
  • Accommodation for the couple, and any dependants, must be shown to be both suitable and available.
  • Spouses seeking to come to the UK on the basis of marriage to a UK national should apply for entry clearance before entering the UK.
  • If your visa is valid for six months or less in the UK you cannot change status to a spouse visa.
  • Children of the marriage who are under 18 years old are allowed entry to the UK as dependants, and can make their application at the same time as the main applicant.
  • After a total period of three years in the UK if you meet the residence requirements, you may then apply for UK citizenship.
UK Visitor Visa
If you are not a British Citizen or a citizen an EU country, you may need an entry clearance before you travel to the UK. You should apply for a UK visitor visa in the country where you are normally and legally resident. Apply for your travel visa well in advance of your proposed travel date as some travel visas may be processed in 24 hours, but others may take much longer, especially in cases where an interview is required. Then the process could take several weeks.

Employers
If you are recruiting or employing foreign workers, changing immigration practice could affect your employees. All employers must follow certain procedures to check that their potential employees are eligible to work in the UK. it is a criminal offence, punishable by a fine up to £10,000, to employ a person who is not entitled to work or do that particular job in the UK.
Employers must now seek a license from the Home Office if they are seeking to employ non EEA nationals. We can advise employers accordingly.
We will advise you on the legal requirements, eligibility, the range and content of documentation required, processing timescales and supplementary matters to ensure that the process runs as smoothly as possible for you.

ID Cards
United Kingdom Borders Agency has introduced mandatory ID card requirements for all students and those in the UK with permission as a spouse, civil partner or unmarried partner. Individuals wishing to extend their stay in the UK in one of these categories must now attend one the UKBA's Public Enquiry Offices where biometric data will be taken for recording on the ID card. Dependents (including children) of a person in one of these categories are also subject to the ID card requirements
As a specialist OISC registered UK immigration consultancy, we can offer complete UK visa services for all tiers of the new system and can help you to establish which is the most suitable for your needs. Our immigration consultants can offer immigration advice at every stage of your application and can manage your relocation to the UK offering on arrival services to help you adjust to working in the UK.

Helpful links:

Home Office Immigration Information

UK Border Agency

The UK Border Agency is responsible for securing the United Kingdom borders and controlling migration in the United Kingdom