As of 6 January 2010, UK immigration identity cards are being rolled out to another category of foreign national resident in the UK: skilled workers and their dependants.

In November 2008, the compulsory identity cards were issued by the UK Border Agency to certain categories of non-European foreign nationals when they were granted permission to extend their stay in the UK.

Since then, they have twice widened the range of categories that require the identity card. As a result, the list now stands as follows:

Compulsory Identity Card Immigration Categories

• Spouses, civil partners, unmarried or same-sex partners (i.e. certain UK family visa holders);
• Students under Points Based System Tier 4 (General) and Tier 4 (Child) (i.e. certain UK student visa holders)
• Postgraduate doctors and dentists
• Visitors for private medical treatment
• Domestic workers in a private household
• United Kingdom ancestry
• Retired persons of independent means
• Sole representatives
• Transfer of conditions
• Skilled Workers (added 6 January)
• Ministers of Religion (added 6 January)
• Sports Persons (added 6 January)
• Representatives of Overseas Businesses (added 6 January)
• Dependants (added 6 January)

If a migrant in one of these categories applies to extend their stay in the UK, they must enrol their biometrics (fingerprints and facial image) before the UK Border Agency decide whether to give them permission to stay. If their application is successful, they will be issued an identity card.

What is the UK immigration identity card for?

The card provides a simple way of confirming the holder's nationality, identity and immigration status in the UK. It shows whether they have the right to work or study legitimately under the UK's points-based system for immigration, and helps them to access public services.

The changes do not affect the settled population, foreign nationals who are seeking to settle here, or applicants in other immigration categories (who continue to receive a vignette in their passport when they extend their stay).

- Marissa Murdock is Casework Department Manager for the UK Visa Bureau.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

In a demonstration that the UK Border Agency is making good on their threats, several restaurants in Lincolnshire that employed illegal workers have been paid a visit by UK immigration officers recently.

As reported on their site here, in the last weeks of November, officers from the UK Border Agency swooped in on the following:

• India Garden restaurant, Market Place, Sleaford where they checked the immigration status of all the workers, where four Bangladeshi males and an Indian male were identified as having no permission to work in the United Kingdom.
• Hung Wang Chinese restaurant, Trinity Road, Gainsborough where six Chinese illegal workers - three males and three females - were found.
• Florentino's Pizzeria, Market Street, where two Iranian men, aged 38 and 42, were arrested after checks showed that they were both failed asylum seekers who had no right to work in the United Kingdom.
• Moonlight Tandoori restaurant in Trinity Street, where three Bangladeshi men were arrested after checks revealed they had no permission to be working in the United Kingdom. Two of the men, 33 and 42, were illegal entrants, while the third man, 30, had overstayed his visa.

The UK Border Agency is now seeking to remove all illegal workers back to their home countries as soon as possible.

All of the businesses visited were issued with on-the-spot penalty notices for employing illegal workers and may now face a fine of up to £10,000 per illegal worker. To avoid paying the heavy fines, the businesses must prove to the UK Border Agency that they carried out the correct pre-employment checks to ensure that the worker had gone through the proper migration channels before entering the UK (e.g. through applying for their work permit or UK visa through an overseas British embassy).

It's not the first time that the UK Border Agency has focussed on Lincolnshire businesses; last month, on 14 October, an Iranian illegal worker was discovered working at the Topkapi takeaway on Lincoln High Street. As the same business was visited last year by the UK Border Agency when another illegal worker was caught, a fine of £8,750 was imposed on the Topkapi takeaway.

Rachel Challis, from the UK Border Agency's Boston-based team, said:

"These arrests are part of an ongoing clampdown on illegal working. We are determined to pull the plug on the illegal jobs which lure illegal immigrants to come to the UK.

"Anyone in Lincolnshire who takes on a foreign national without permission to work in the UK is breaking the law and undermining legitimate businesses. Rogue employers should be warned that they face heavy fines and could even end up in jail.

"This year alone, we have fined companies in Lincolnshire tens of thousands of pounds for hiring illegal labour.

"There are strict rules about which foreign nationals can get a job in the UK and businesses have a clear responsibility to carry out the right checks."

- Tom Blackett is Online Editor for the UK Visa Bureau

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

In an interesting article from The Guardian today, the secret life of British High Commission workers across the world was revealed to be... well, not so secret after all.

Many of them have taken to writing candid blogs about their experiences, ranging from the British embassy official in Kiev writing about a "troupe of Ukrainian folk dancers performing outside the embassy" in protest at their UK visa refusal to the governor of the Cayman Islands uploading pictures of a group of green iguanas that had taken residency on the embassy's roof.

They're described as 'blogger ambassadors', with over 30 diplomats now writing blogs after the Foreign and Commonwealth Office (FCO) provided them with the means to share their experiences with the web.

Leigh Turner, the recently appointed ambassador in the British embassy in Kiev commented: "For the last 20 or 30 years there's been public diplomacy. The aim is to influence the opinion in the country you are in. You can do it through making speeches, giving newspaper interviews and doing British Council stuff. Writing a blog is just a natural extension of that. It's also fun."

It's a far cry from the days when an ambassador's only means of communication was the humble telegram, but it's certainly encouraging to see British diplomacy evolve with the digital age.

- Tom Blackett is Online Editor for the UK Visa Bureau

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

Earlier this week, it was announced that new UK immigration measures will be introduced by the government to "ensure the UK economy remains strong and skilled migrants who are offered positions in the UK fill genuinely needed skills shortages".

The changes mean that, starting from next year, all jobs must be advertised to British workers in Jobcentre Plus for four weeks before companies can seek to employ individuals from outside Europe; an increase of two weeks on the previous requirement.

While the changes are part of a wider overhaul designed to improve the UK's ability to quickly adjust the immigration stream according to changing economic circumstances, I have a few concerns that this new rule will do just the opposite.

The immediate effect that I can assume the Home Office is anticipating is that UK employers will be forced to invest far more time and effort in trying to find skilled candidates from within the resident labour market, as opposed to directly sourcing workers from abroad.

However, the rigid nature of the changes means that even employers looking for very specific workers will still have to go through the 4 week recruitment process. If an employer already knows that workers with a certain skill-set are not available locally, the new requirements will just cost the employer and result in the vacancy remaining unfilled for longer.

The impact of this new legislation on a company could be significant, as they will be forced to delay a new hire for the sake of a formality. In an already unstable and unsure economy, this seems counter-productive to the needs of many British businesses.

The best advice I can give for UK businesses looking to hire non-British workers is to ensure that they have every other aspect of the migration process set and ready, to best avoid any delays. 

The first step for a work permit sponsor should be that they have their employer sponsorship licence in place, as without this, a UK company is unable to hire workers from outside the EU.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

It's been 10 months since the introduction of the Employer Sponsorship Licence as part of the UK work permit sponsor process. Since November 2008, the UK Border Agency made it a requirement that every employer looking to bring in new non-EU migrant workers to the UK OR extend the work permit of current employees MUST have a valid and current employer sponsorship licence.

For more information on the application process, download the sponsorship licence information PDF or check the FAQ below.

How has the employer sponsorship licence changed since its introduction? 

While the licence and eligibility criteria have remained the same, I'm happy to report that processing times are much faster than expected, with current timeframes standing at 1 to 3 months (as opposed to the 6 months initially stated by the UK Border Agency).

How does a company qualify for an employer sponsorship licence? 

To qualify for a licence, organisations must complete an online application, making sure to provide all supporting documentation and meet the necessary evidentiary requirements. This MUST be supplied within ten days of the initial application.

Please note: Failure to submit all required documents could result in a company’s application being delayed and further costs being incurred. Following the receipt of these documents, the company will then be subject to a compliance visit from the UK Border Agency, who will verify whether or not to grant the licence. Companies will also be required to comply with the illegal working requirements. 

What are the illegal working requirements and how do they affect a UK work permit sponsor?

The illegal working requirements state that all non-EU employees are required to provide documentation that proves their right to work BEFORE being employed by a UK company, and copies of this information must also be retained by the employer.

Employers and UK work permit sponsors who fail to keep the requisite information on all non-EU employers can be served with penalty notices, unless the employee has valid and subsisting leave to be in the UK, and that leave does not restrict them from being employed by the company. 

What are the penalties for a UK work permit sponsor that does not have an employer sponsorship licence?

Companies without an employer sponsorship licence will be unable to bring in new non-EU migrant workers to the UK or extend the work permits of current employees. Any non-EU employees they hire will be considered illegal workers, with the maximum level of penalty being a fine of £10,000 per employee and up to two years imprisonment. 

The information package is a great first step for any employer looking to apply for an employer sponsorship licence, and explains the service that the UK Visa Bureau provides. We recommend that any UK employer of non-EU migrants read the document in full (as well as any supplementary information on employer sponsorship requirements on our website), and then complete a UK visa application.

- Marissa Murdock is the Casework Department Manager for the UK Visa Bureau. To contact the UK Visa Bureau, complete a UK visa application.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

The first steps are being made to transforming the monitoring process for the entry and exit of visitors to and from the UK, through the launch of the new e-Borders travel database programme. However, while the government is resolute in its position that the database is essential in the fight against crime and illegal immigration, others are claiming that it represents a compromise of personal freedoms.

The e-Borders programme will track and store the international travel records of anyone passing through UK immigration, with these computerised records set to then be stored for up to 10 years in a database. Early 2009 saw a National Border Targeting Centre (NBTC) begin operation as a hub for e-Borders, allowing the government to begin compiling travel histories for passengers.

It's a move that hasn't been without its detractors, as members of both opposition parties have been quick to judge e-Borders as another example of governmental intrusion. Shadow Home Secretary for the Conservatives, Chris Grayling, was particularly scathing in his comments that: "The government seems to be building databases to track more and more of our lives....the truth is that we have a government that just can't be trusted over these highly sensitive issues. We must not allow ourselves to become a Big Brother society."

Shadow Home Secretary for the Liberal Democrats, Chris Huhne, joined Mr Grayling in drawing Orwellian allusions, stating: "We are sleepwalking into a surveillance state and should remember that George Orwell’s 1984 was a warning, not a blueprint."

While these comments might be a little too dramatic in tone, it's certainly true that the UK Borders Agency have done little to sway the public's fears that e-Borders will be used as a tool of security, rather than intrusion. Although some figures have been released as proof of e-Borders use in tracking dangerous criminals, most other information provided has dealt in rather broader terms, with the liberal use of buzzwords such as 'security' and 'border control' given as justification to what seems like such a drastic new introduction.

However, it should be remembered that the e-Borders programme isn't a trail-blazer by any means; countries like Australia have had similar methods of monitoring the entrants to their respective countries for some time, with the Australian ETA visa system commonly regarded as one of the most efficient short-term visa systems in the world.

The USA has also taken steps to provide a more defined structure to their already tough stance on immigration, with the recently introduced ESTA now mandatory for all entrants to the United States.

So, could it be that e-Borders is just the UK bringing its migration security up to standard with the rest of the world? Perhaps, but a definitive answer could take as long as 5 years to arrive - the e-Borders programme is only set to be fully established in monitoring the departures and arrivals of all UK travellers by 2014, meaning the debate of what it truly represents could continue for some time.

- Tom Blackett is the Online Editor for the UK Visa Bureau.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

In a surprising case of real-life cheats seemingly inspired by fictional spy thrillers, we've seen reports of cheats trying to scam UK immigration officials by helping migrants pass the Life in the UK test, using state-of-the-art spy gadgets that Q would be proud of.

Designed to test applicants on both their English language skills and UK-specific knowledge, the Life in the UK test is a set of 24 questions that must be completed according to strict exam conditions at an official testing centre. Most of the test questions are about life in the UK, as described in the 'Life in the United Kingdom' handbook, with a number of questions specific to which part of the UK an applicant lives in (i.e. England, Scotland, Wales or Northern Ireland).

Typically, concentrated study and preparation is what's key to passing the test.  However, two individuals have been caught illicitly trying to help some migrants take a shortcut to UK residency, using James Bond-esque surveillance gadgets. 

By equipping UK immigration applicants with hidden communication devices, Steven Lee and Rong Yang would help migrants pass the test, even though many of the fraudulent applicants had little to no comprehension of English. 

Using a buttonhole camera secreted on the applicant, Lee and Yang were able to view the test questions on a laptop screen outside the testing centre, before passing the correct answers back to the applicant through a hidden earpiece.

Unfortunately for Mr Lee and Ms Yang, it seems unlikely that they'll find a quantum of solace as a result of their illicit actions; both individuals have been convicted of breaching immigration law and will be jailed for eight months.

Of course, for those willing to take an honest approach to their test preparations, there are a number of options available, such as the Visa Bureau Life in the UK Test Preparation site. With over 1,000 test questions, accurate simulations of the official timed test and an online version of the handbook, it gives you everything you need be prepared, all in one place.

- Tom Blackett is the Online Editor for the UK Visa Bureau

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

If you're a UK employer that employs non-EU migrant workers, then time is running out!

Simply put, you're required to have an Employer Sponsorship Licence by November 1, 2008. and companies without an employer sponsorship licence by that date will be unable to bring in new non-EU migrant workers to the UK or extend the work permits of current employees.

What's more, the new requirements also shift a lot of the burden of responsibility from the Home Office to the employers. In fact, businesses in the UK will now be responsible for:

• Ensuring that they are licensed to hire migrants and comply with current immigration regulations;
• Issuing certificates to foreign workers to allow the worker to apply for entry clearance to the UK; AND
• Ensuring that any foreign workers employed by the business are fully compliant with UK immigration law.

To better explain the changes, we've put together the Employer Sponsorship Licence Information Package.

The information package is a great first step for any employer looking to apply for an employer sponsorship licence, and explains the service that the UK Visa Bureau provides. We recommend that any UK employer of non-EU migrants read the document in full (as well as any supplementary information on employer sponsorship requirements on our website), and then contact a member of our licensing team directly by completing a UK visa application.

- Marissa Murdock is the Casework Department Manager for the UK Visa Bureau. To contact the UK Visa Bureau, complete a UK visa application.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

As we organise ourselves for the next wave of UK immigration changes to take effect, there's some worry that the people who will be most affected by the introduction of Tier 2 are also the ones least prepared.

I say this after I saw some alarming reports that stated by mid-August, there were still only 170 employers that had applied for a sponsorship licence. While I'm sure that this figure has gone up since then (especially with the recent television campaign launched by the UK Border Agency), it's vital that UK employers looking to employ non-EU migrants understand the preparations they need to make. A sponsorship licence is essential for any employer looking to hire migrants under the new Tier 2 system.

I'm not alone in my concern, as the Home Office is worried that a mad flurry of late applications for sponsorship licences will have a bottleneck effect and cause disruption to the skilled migration program.

UK business owners have been warned by the Home Office that their sponsorship licence applications must be received no later than October 1.  Employers without a sponsorship licence will be heavily penalised if they hire illegal workers and will be banned from employing workers from outside the EEA if caught doing so.

Bearing in mind these severe penalties for non-compliance, I think it should be evident just how vital it is for all employers and educational establishments to comply with the requirements of sponsorship. Simply put, if you enrol or employ any non-EU citizen who does not have settled status in the UK, then you are legally entitled to have a sponsorship licence.

As a UK immigration law specialist, I can provide assistance in successfully applying for the initial licence, as well as the ongoing compliance requirements for employers and educational establishments. However, as the deadline fast approaches, I worry that there could be a lot of disappointed employers and migrants alike come October 1.

- Marissa Murdock is the Casework Department Manager for the UK Visa BUreau. To contact the UK Visa Bureau, complete a UK visa application.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.