Friday, April 30, 2010

Starting with Pakistan, India begins tuning online visa process

The people of India dont get the services that they deserve in their country but atleast pakistanis are getting the good services to come to india.

A Pakistani national could go to the website of India's Ministry of Home Affairs, fill the online visa form, click submit, show the relevant documents to the local mission and get the visa

Three buses carrying migrants to US go missing

Three buses carrying more than 40 migrants from Mexico's San Luis Potosi state to the US have been missing for more than a month, a top official has said.

US degree may become passport to green cards

An advanced degree from US universities may well prove to be a passport for a US green card, or permanent residency, if a proposal by top Democratic senators to attract the world's "best and the brightest" is accepted.

Tuesday, April 20, 2010

UK General Election and Immigration Cuts

On 6 April 2010 it was announced that the next UK General Election will take place on 6 May 2010. According to recent opinion polls it seems likely that after the General Election there will be a new Conservative Government so ending 13 years of a Labour Government.


It is also likely that in 2010 the UK will see very significant changes in UK immigration policy. A new Conservative Government intends to put numerical limits on the number of immigrants coming into the UK. Presumably this is likely to mean that there will be numerical limits on people coming into the UK on Tier 1 and Tier 2 visas and in other visa categories. With numerical limits it is likely that even if you gain enough points for a Tier visa you will either not be able to apply for the visa or you will have to wait until a further allocation of visas become available. The numerical limits on visas issued in the immigration systems of other Countries have caused problems. For example in the US the annual limit of 65,000 US H-1B visas has in the past meant that there have not been enough visas to enable employers to take on desperately needed skilled staff from overseas.

In a recent report the left-of-centre Institute of Public Policy Research (IPPR) has criticised Conservative Party immigration policy. If implemented the report says this would cause serious problems for UK employers and for Higher Education institutions that depend on overseas students for a significant proportion of their income. The report the Limit to Limits makes the following comments "Would the government be happy to tell KPMG that it could not bring over an analyst from its New York office? Or to tell Arsenal that it could not sign a promising young player from Côte d'Ivoire?"

The leader of the Conservative Party David Cameron would not give a precise figure for an immigration cap but suggested a figure of "tens of thousands". He went on to say that he would like to see annual immigration at a similar level to the early 1990s when net annual immigration was at about 50,000 a year compared to recent years when it has been at about 200,000 a year.

IPPR also pointed out in their report that net immigration is also affected by factors outside the control of the UK Government. EU workers from most of the EU are allowed to work in the UK anyway. Asylum seekers who have a justified claim have to be allowed entry to the UK. UK Citizens obviously have an automatic right to return to the UK.

Sarah Mulley of IPPR and author of the report had the following to say:
"There has been a lot of talk about capping immigration from various groups, and close to an election those calls are becoming stronger,"... "But people are often vague about outlining how it would work in practice."

UK immigration is an important election issue. It seems that 2010 will see tougher immigration controls and possible numerical limits on immigration. It is hoped that if there is a Conservative Government that the new Government will realise quickly that a numerical limit on immigration is both unworkable and is not in the long term interests of the UK.

If you wish to gain entry to the UK under a Tier 1 or Tier 2 visa or another visa category you should consider applying sooner rather than later. Changes in UK immigration policy could make it harder in future for skilled workers, students and family members to gain entry to the UK.

Tier 4 visa change limits availability of certain courses

New changes from 7 April 2010 reduce the number of courses provided by many education providers. The changes to the immigration rules means that only education providers holding a new Highly Trusted sponsor licence.can offer the following types of courses known as 'restricted courses' to Tier 4 (General) students:


National Qualifications Framework (NQF) level 3 or equivalent

Courses below degree level that include a work placement; If an education provider offers a foundation degree level course this can still be offered with a work placement by any Tier 4 (General) sponsor.
If you are an education provider with a standard Tier 4 sponsor licence you will only be able to at or above NQF level 4 or equivalent. You will also not be able to offer work placements unless the courses are degree-level courses or foundation degrees.

The foundation degree is a study course which meets the following requirements:

It will be considered to be a foundation degree if it leads to a qualification awarded at a minimum of level 5 on the revised National Qualifications Framework by an English higher education institution with degree-awarding powers. It can also be awarded on a directly equivalent basis in the devolved administrations.
OR

In Scotland, it can be considered to be a foundation degree if it is a Higher National Diploma at Level 8 on the Scottish Credit and Qualifications Framework.
If you are a student on a restricted course and your educational institution does not have a Highly Trusted sponsor licence you can continue to study at that institution until the completion of the course of study; However, you can only stay on the course only as long as you have a valid Tier 4 visa. If you then wish to extend your Tier 4 student visa you will have to apply at an educational institution with a Highly Trusted sponsor licence.

The following are Transitional arrangements for education providers:

If you are a Publicly funded institution then you will be deemed to hold a Highly Trusted sponsor licence from 6 April 2010. You are also listed as 'Highly Trusted' on the Tier 4 register of sponsors. If you wish to remain as a Highly Trusted sponsor in future you must submit your application for a Highly Trusted sponsor licence by.30 June 2010; If you do not apply by this date you will lose this status and from 1 July 2010 will no longer enjoy the benefits of being a Highly Trusted sponsor.

If you are a private sector educational institution and so did not qualify for automatic inclusion as a Highly Trusted sponsor and are currently an A-rated sponsor, you should seriously consider applying for a Highly Trusted sponsor licence. As long as you apply by 30 April 2010 you will be allowed to offer restricted courses until 30 June 2010. If you do not apply for a Highly Trusted sponsor licence by 30 April 2010, you will not be able to offer restricted courses to Tier 4 (General) students after 1 May 2010.

US H-1B Visas continue to be available

U.S. Citizenship and Immigration Services (USCIS) announced recently that H-1B visas continue to be available for the latest fiscal year. According to the latest announcement USCIS has received the following number of visa applications for Fiscal Year 2011 (FY 2011):


13,500 H-1B petitions out of the 65,000 available visas under the general cap.

5,600 petitions for individuals with US Masters Degrees or higher out of the 20,000 available visas.
USCIS will continue to make announcements on the numbers of H-1B visa applications received until all visas have been used up. On the final receipt date USCIS may randomly select visas received to reach the numerical limit. Applications received after the final receipt date will not be accepted. It should be noted that those applying for an extension to their H-1B and certain others are not subject to the H-1B cap.

USCIS also mentions that for US H-1B premium processing applications received from 1 to 7 April the processing period will only start on 7 April 2010. After 7 April the premium processing period will start on the actual date that the petition is received by the USCIS Service Center.

The US H-1B is a very useful visa category to employ professional level workers such as computer programmers, scientists and engineers. You should consider applying sooner rather than later for your H-1B visa application. It is not certain how long the visas will be available for.

UK Immigration announcement about travel delays due to Volcanic Ash

The UK Border Agency (UKBA) has said the following about travellers whose visas have expired and who have been unable to travel due to volcanic ash ending up in the atmosphere after the eruption beneath the Eyjafjallajoekull glacier in south-western Iceland; "…We appreciate that this is due to exceptional circumstances beyond your control…" UKBA has also said that if your UK visa has already expired you should keep documentation confirming your travel plans showing that if the eruption had not occurred you would have left the UK in time and not become an overstayer.

The volcanic eruptions have resulted in most flights throughout Europe being cancelled since last Thursday. Eurocontrol that is responsible for co-ordinating air traffic control in 38 Countries, said that on Saturday 17,000 out of a total number of flights expected on a normal day of 22,000 were cancelled in Europe. It is uncertain how long flight disruption in Europe will continue for. It is possible that a partial ban on flights will continue until late in the week. Some people have speculated that disruption to flights will continue for much longer. The flight ban is costing airlines an estimated US$200 million a day. If the flight ban is not lifted soon businesses that rely on migrant labour may also start to suffer.

If you intend to travel soon to an European Country for work or pleasure you should make sure before making travel arrangements about flight availability and if the relevant European Airport is actually open.

Friday, April 9, 2010

New rules for skilled and highly skilled migrant workers

Changes to Tiers 1 and 2 of the points-based system came into effect from 6th march 2010.

The changes were recommended by the Migration Advisory Committee, and were accepted by the government on 18 March 2010.

Updated application forms and guidance for Tier 1 and Tier 2 applicants are available in the Working in the UK section of Immigration website.

AUSTRALIA SUSPENDS ASYLUM CLAIMS

Australia has announced that it will no longer accept refugee claims from Sri Lankans and Afghans, saying the situations in those countries has improved enough that their people may no longer need to seek protection elsewhere.

The suspension of refugee claims comes as the government struggles to cope with an influx of illegal boatloads of asylum seekers who have filled an offshore detention centre and fuelled a political debate over immigration policies.

Most of the boat people who reach Australian waters are from Sri Lanka and Afghanistan.

"The Australian government believes that asylum seekers should only be granted the right to live in Australia if they are genuinely in need of protection," said a joint statement issued by the ministers for immigration, foreign affairs and home affairs.

Foreign Minister Stephen Smith said the decision was sparked by the end of the two-decade civil war in Sri Lanka and the improved situation of minorities in Afghanistan.

He said other countries have already stopped processing asylum claims from Sri Lanka, but Australia may be the first to suspend Afghan applications.

"People aren't being denied their right to seek asylum, but it's been suspended," Immigration Minister Chris Evans told reporters in Canberra.

Asylum seekers are a hot political issue in Australia, particularly since the current government relaxed immigration policies, reducing the time would-be refugees spend in detention before their applications are processed and dropping a requirement that they must renew their visas every five years.

Illegal immigrants arrested

A MINEHEAD restaurant was raided by immigration officials last Thursday following a tip-off about illegal workers.
The owners of the Taj Mahal, in The Avenue, Minehead, could face a fine of up to £30,000 after three Bangladeshi chefs were found to have stayed in the UK illegally after their visas had expired.
Officers from the UK Border Agency arrested the three chefs and took them to Bridgwater police station.
A spokesman for the agency said the three would remain in detention while arrangements were made to remove them from the UK.
The Taj Mahal was served with a civil penalty notice for employing the illegals.
If the owner is unable to provide evidence that legally required checks were carried out before giving the workers jobs - such as asking for a passport or a Home Office document - a fine of up to £10,000 for each offender could be imposed.
Jane Farleigh, regional director of the UK Border Agency in the South West, said: “If people want to live or work in the UK there are ways they can come her legitimately, such as applying through our points-based system for migration.
“If people choose to flout the law, we will find them and look to remove them from the country.
“Any employer who takes on a foreign national without permission to work in the UK is breaking the law, undermining law-abiding businesses and faces a big fine.”
The Government is currently making a series of reforms to the UK’s immigration system