As  you may be  aware, the UK Border Agency has introduced an Interim Limit on applications submitted under Tier 1 (General) and Tier 2 (General) of the Points Based System. To better explain these changes, see below for more details.

Please note: This information is taken from materials initially published by the UK Home Office.

What is the Interim Limit?

The aim of the Interim Limit is to achieve an overall reduction of 5% in the number of applicants in these categories compared to the equivalent period last year. This interim limit will run from 19 July, 2010 to 31 March, 2011. The interim limit will be implemented by limiting the number of Certificates of Sponsorship (CoS) each sponsor can assign to migrant workers.

Within Tier 2 this limit:

• will include all Certificates of Sponsorship used under Tier 2 General, including certificates used for extension applications;
• will not include Tier 2 Intra-company Transfers (ICTs), Ministers of Religion or Sportspeople;
• will not include Tier 2 dependent applications.

When will sponsors be made aware of how many Certificates of Sponsorship (CoS) they can assign? 

All licensed Tier 2 (General) sponsors will have received a letter from the UK Border Agency (UKBA) notifying them of the introduction of an interim limit on Tier 2 (General). From 19 July, 2010 onwards, Tier 2 (General) sponsors will receive a further detailed letter setting out their individual CoS allocation for the period to 31 March, 2011.

The interim limit has been calculated by assessing the CoS usage of each sponsor for the equivalent period from 19 July, 2009 - 31 March, 2010. The UKBA have then applied a reduction to each sponsor who used 2 or more CoS during this period, leaving a pool of unallocated CoS for distribution to new sponsors and existing sponsors who have special requirements.

You can request CoS from this reserved allocation if you are:

• a new sponsor licensed during the period of the interim limit until 31 March 2011; or
• an existing sponsor who requires additional CoS in exceptional circumstances during the period of the interim limit.

How does this affect existing sponsors?

The changes will affect existing sponsors in different ways, but please note that some sponsors will be given a zero allocation for this period. This means that they continue to remain licensed by the UK Border Agency and are able to continue to sponsor any existing migrants they employ who have valid leave. However, they are not able to assign a CoS to any new migrants or to existing employees who require an extension to their leave. It is for sponsors to decide how to split their allocation between ‘new’ employees and extension applicants where appropriate.

Where an existing sponsor has a zero CoS allocation or requires additional CoS during the period of the interim limit, they can apply for exceptional consideration for additional CoS. However, please note that the number of CoS available for exceptional cases will be limited and it is therefore important that sponsors manage their allocation appropriately as there is no guarantee that their request for extra CoS will be granted. The UKBA will require sponsors with an interim allocation of 1 CoS or more who apply for exceptional consideration to account for how they have used, or intend to use, their existing CoS.

How will this affect new sponsors?

There will be a limited allocation of CoS available to new sponsors and some new sponsors may not be able to issue any CoS during the period of the interim limit. New sponsors will have to apply on a separate form to request CoS and all requests received by the UK Border Agency each month will be assessed against the criteria listed later in this guidance.

Where the UKBA approves a new sponsor licence, they will initially set up that sponsor on the Sponsor Management System with a zero CoS allocation. New sponsors must complete the request form for allocation of CoS at the time of application for a sponsor licence. This means that the sponsor is on the UKBA sponsor register and has a valid Tier 2 (General) licence. However, they are not able to assign a CoS to a new migrant or to an existing employee who has a work permit and requires an extension to their leave.

The request form must be signed by the Authorising Officer and requests from sponsors who have not completed this form or that are submitted via alternative routes will not be considered. Incomplete and unsigned forms will also be rejected by the UKBA.

What is the process of requesting additional Certificates of Sponsorship (CoS)?

The UKBA have advised that a CoS should only be requested for an extension where the migrant’s leave is due to expire within the next 60 days. Where the CoS is required for an individual whose leave is due to expire in more than 60 days then the request will be rejected by the UKBA and the sponsor informed.

How will a sponsor’s CoS usage be monitored and tracked?

Sponsors should note that the procedure adopted where a CoS is assigned remains the same under the interim limit as it was prior to 19 July, 2010. Any CoS that a sponsor assigns to a prospective worker will be counted as 'used' and will be deducted from the sponsor’s allocation for the period of the interim limit. This includes any CoS issued in error or any CoS which is assigned but not used by the migrant in a leave to enter or leave to remain application.

Each sponsor's CoS usage will be monitored closely during the period of the interim limit and reviewed in October 2010 and January 2011.

A sponsor's interim allocation may be recalibrated at this review point depending on the overall trajectory of the limit.  Additionally, a sponsor who no longer wishes to sponsor migrants may choose to surrender their sponsor licence at any time.

- Marek Starke is a member of 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.

The UK Government has announced that compulsory English language tests will be introduced from autumn 2010 for non-EU migrants applying for a UK Visa to come to the UK to join or marry their settled partner.

The changes mean partners will need to demonstrate they have a basic command of English before leaving their homeland, around the level of a five- to seven-year-old, which will allow them to cope with everyday life in the UK. The new test will assess a person's ability to introduce themselves, ask simple directions, and understand what is said by someone speaking slowly.

While a seemingly uncontroversial UK immigration requirement for new migrants, it also seems an unnecessary law given that the UK already requires migrants to speak English. Partners who have completed the initial two-year period of temporary residence still need to pass the “Knowledge of Language and Life in the UK” test before obtaining permanent residence.

Additionally, the new law doesn’t apply to EU citizens – otherwise the most likely group of people affected. The Home Office has acknowledged the people most likely to be adversely affected are those coming from India, Pakistan, and Bangladesh where English is not spoken in rural areas, or by poor or uneducated people.

I am sure there will be certain applicants who will struggle to pass the tests, which could mean long delays before they can join their partners here – if ever in some cases. Even for those who do pass, having to sit the test will mean an extra step and fee to pay, as well as the time and trouble involved.

The Home Office estimates the new law will lead to a drop of around 10 per cent in UK Visa applications, and unfortunately, this may be at the expense of genuine relationships.

What do the changes mean?

From autumn 2010, non-EU migrants wishing to join their partners in the UK as a partner will need to demonstrate basic English at A1 level, the same level required for skilled workers admitted under Tier 2 of the points-based system.

A partner will need to provide evidence with their UK Family Visa application that they have passed an English language test with one of UK Border Agency’s approved test providers.

The new rules will apply to anyone applying as the husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or prospective civil partner of a UK citizen or a person settled in this country. The tests will be compulsory for people applying from within the UK as well as UK visa applicants from overseas.

Migrants applying for partner visas must also meet other requirements, including  being able to show a relationship is genuine,  and the ability to support themselves financially.

Partners who wish to apply to settle permanently in the UK after completing the initial two-year temporary residence will still need to pass  the “Knowledge of Language and Life in the UK” test .

- 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.

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.

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.