UK Immigration Tier Visa refusals on basis of maintenance funds can be reviewed

Following an important High Court victory on 23 June 2010 it was judged that maintenance funds assessment must be in line with the immigration rules. UKBA had brought in a requirement that the relevant maintenance funds had to be in your bank account for a continuous period of three months instead of just on the day the application is made as under the immigration rules.


UK immigration now says that you will meet the requirement as long as in any one day in the one month period preceding your application you had sufficient maintenance funds for both you and your family. This is actually more generous than under the immigration rules.

The new immigration policy will cover you in the following circumstances:

•If you and any dependents had applied for a Tier 1, 2, 4, or 5 visa from within the UK and had applied on or before 22 July 2010 and were refused solely due to not meeting the maintenance requirements.


•If you and any dependents had applied for entry to the UK on a Tier 1, 2, 4, or 5 visa and applied between 23 June and 22 July 2010 and were refused solely for not meeting the maintenance funds requirements. This only covers a one month period and is so is somewhat less generous compared to those who had applied from with the UK.
You will also need to meet one of the following requirements to benefit from the new immigration funds policy:

•You have a current application.
•You have a pending appeal.
•You had an application refused with no right of appeal.
•You had your appeal dismissed.
If your application or appeal has already been refused you will need to apply for a review by 22 June 2011. If you have a pending application or have appealed then you should automatically be considered under the new immigration maintenance policy. If you need to apply for a review of your application you have less than eleven months to do so.

UK Tier 4 student visa English Language Tests and other changes

UK Immigration is making or has already made a number of significant changes to the UK tier 4 visa scheme for students:


Secure English Language Tests
If you wish to come under Tier 4 (General) on or after 12 August 2010 and will be on a course below NQF Level 6 you must at an English language ability at a minimum of level B1 on the Common European Framework of Reference (CEFR). This excludes Foundation Degree courses or an English language course.

Your Tier 4 sponsor must show the following for you:

•You are from a majority English-speaking country
OR
•You have successfully completed a course as a Tier 4 (Child) student and were granted permission to remain in the UK while you were still under 18 years of age. The course should have lasted at least six months and should have ended no more than two years before the date when the confirmation of acceptance for studies (CAS) is assigned.
OR
•You have passed an English language test with an approved test provider for Tier 4 visas, and have reached at least CEFR level B1 in all four areas being reading, writing, speaking and listening.
English Language Requirements
UKBA has made changes following the successful Judicial Review brought by English UK. The amended immigration rules provides details of the minimum levels of English for different types of courses allowed under the Tier 4 visa scheme.

From 23 July 2010 the minimum English language course will be at level B2 of the Common European Framework of Reference. This is the situation before the judgement in the Judicial Review case.

There will continue to be exemptions to the minimum English language level. The exemptions will apply if you are a government-sponsored language students and if you are undertaking a English language course to improve your English before your degree course.

Students wishing to change to a different College or other place of study
If you are a tier 4 student you can change to a sponsor with a Highly Trusted Sponsor (HTS) licence while waiting for a decision from UKBA on your application. However, this is not a guarantee that your visa will definitely be granted.

If you have applied to study at an A or B rated sponsor rather than at Highly Trusted Sponsor you will have to wait until your application is approved before you can start at the new educational institution. UKBA says that they will give priority treatment to applications to study at an A or B rated sponsor.

US student loans
There have been recent changes in the US with respect to the processing of US Government student loans. UK educational institutions in the William D Ford Federal Direct Loan Programme have from 1 July 2010 been able to offer Federal Direct Loans to US students wishing to study in the UK under the Tier 4 visa scheme.

Tier 4 Students with International Baccalaureate qualifications
If you gained your International Baccalaureate qualifications on 5 July 2010 you will not have your paper transcript in time to apply for University in September. UKBA will therefore accept a print out from the UCAS or International Baccalaureate Office online checking service confirming your results.

UK Tier 4 student requirements continue to become tougher. You will find further details of the Tier 4 visa scheme on the workpermit.com website "The World's most popular immigration advice site".

UK Immigration Tier 1 Visas Limit Introduced

UK Immigration introduced the Tier 1 Visa limit from 19 July 2010. This is the first time that there has been an immigration quota on Tier 1 visas, previously known as the Highly Skilled Migrant Programme. If you are making an initial application for a Tier 1 visa the two main changes to the Tier 1 visa scheme are as follows:


•There will be an interim limit on Tier 1 (General) visa applications from 19 July 2010 to 31 March 2011.


•You will need to gain 100 points instead of the previous 95 points if you are in another visa category and wish to switch to the Tier 1 visas scheme.
The UK Border Agency (UKBA) now has a monthly immigration cap on Tier 1 visas. If you apply and the tier 1 visas limit has been reached then you will be considered for the visa allocation for the following month. You can still submit your application even if the visa limit has been reached. However, your visa will not be issued until visas are actually available.

The new immigration quota on Tier 1 visas could mean that it takes much longer to process your Tier 1 visa. If you meet the new requirements you should consider applying sooner rather than later to avoid possible visa processing delays.

If you are in the following situation the new Tier 1 visa limit will not apply:

•If you are already in the UK in a category that will allow you to switch to the Tier 1 visa. However, you will still need to gain the increased 100 points to come under the Tier 1 visa.


•If you are a dependent of a Tier 1 Visa applicant.


•If you wish to apply under the Post-study work, Entrepreneur or Investor categories of Tier 1.
Other changes to the Tier 1 visa category increase the number of points available for a small number of applicants:

•If you can show previous earnings of £150,000 your points score will increase from 75 to 80 points.


•If you have an MBA that meets the requirements your points score increases from 75 to 80.
If you wish to come under the Tier 1 visa category you should consider applying right now. You have a good chance of gaining a visa before the tier 1 visa quota starts to affect processing of your visa.

Australian immigration and New Zealand action on border security

Australian Immigration Minister Chris Evans announced recently a new agreement between Australia and New Zealand to improve identity checks and border security. The Immigration Minister had the following to say:

'Australia and New Zealand today signed a memorandum of understanding [MoU] to share biometric data, an agreement that will further strengthen our nations' border security.'

'Biometrics is widely used in the international community as an effective tool to manage visa and immigration processes, improve identity management and combat fraud.'

At the Five Countries Conference (FCC) in London a memorandum of understanding was signed between Australia and New Zealand. The Conference enables Five data sharing Countries to exchange information and agree a way forward to improve border security. Immigration Minister Evans went on to say the following:

'FCC data-sharing helps to establish the true identity of people whose identities or nationalities were previously unknown or uncertain, and has been used in Australia to check the identities of irregular maritime arrivals, other people in immigration detention and illegal foreign fishers.'

'Since 2006, more than 100 000 fingerprint records have been exchanged, helping Australia and FCC partner countries to establish the true identities and immigration histories of people whose identities were unknown or uncertain.'

'Collection and sharing of biometric data is a proven tool in the fight against identity fraud and can prevent unlawful entrants' efforts to thwart Australia's border and visa processes.'

Immigration Views From Our Director Er Anil Bhatia

In the modern World it is not only important but it has become necessary to adapt to the changes required to survive in the changing environment. Immigration has become one of the biggest needs of people of India due to increasing population and lack of opportunities. The immigration needs vary from individual to individual according to their qualification and work experience, and In order to achieve the goals it is very much important in today’s world to choose the right option at the right time. But the problem in Indian market arises due to people working in immigration business, who work for their own benefits and not for the benefits of customers. We here at European Connections believe in providing our customers exactly the same, we believe in giving the right suggestion to an individual which may vary according to the personal requirements of an individual. We at European Connections not only believe that but have delivered these quality standards in the past and would like to convey this message to the society and the people of our city to choose the right person to take the advice related to their career.

Australian Immigration again accepting immigration applications from 1 July 2010

The Australian immigration visa schemes in the following categories were suspended from 8 May 2010 to 30 June 2010:


•Subclass 175 – Skilled Independent;
•Subclass 176 – Skilled Sponsored;
•Subclass 475 – Skilled Regional Sponsored.
The suspension was lifted from 1 July 2010; You can again make applications under the above categories.

Australian immigration has substantially reduced the number of occupations that come under the skilled migration program from the previous 400 occupations to the current 183 occupations. Immigration Minister Chris Evans says that that the changes will help provide the skilled workers needed by the Australian economy. The Australian Government says that the list includes managerial, professional, technical and trade occupations. Immigration Minister Evans also had the following to say:

'The government's reforms to the skilled migration program are delivering the workers our economy need to the regions where there is real demand.'

'We have already seen the rate of employer and state-sponsored skilled migrants increase from 29 per cent in 2007–08 to 55 per cent this current year.

'And the latest figures illustrate businesses are already using the new system to recruit the skilled workers they need to meet demands in Western Australian and Queensland.'

Western Australia and Queensland has seen increases in the percentage share of skilled migrants emigrating to these particular states:

•12 per cent of permanent immigrants emigrated to Western Australia in 2004–05. In the period 2008–09 it had gone up to 16 percent.


•There has also been an increase in the percentage of skilled workers emigrating to Western Australia under the employer sponsored program. The percentages have gone up from 16 percent in 2007–08 to 24 percent in 2008-09.


•Immigration to Queensland increased from 17 per cent in 2004–05 to 20 per cent in the period 2008–09.
Immigration Minister Evans also had the following to say:

'The government's reforms are not just bringing in the skilled migrants Australia actually needs but the demand-driven focus means migrants are increasingly working in the occupations and regions that will most benefit the Australian economy.'

'The Labor Government recognises the special needs of the growing Western Australian and Queensland economies. The reforms to the skilled migration program are delivering tangible results for employers both big and small.'

Australian immigration has transitional arrangements that may benefit former and current overseas students at the time the changes were announced on 8 February 2010. If you do not come under the transitional arrangements you will need to apply under the independent immigration scheme or on the basis of employer nomination.

UK Immigration Cap to be introduced

This is a reminder to everyone that the UK immigration cap that will affect Tier 1 visas and Tier 2 visas will come into effect next Monday. The interim cap will be introduced on 19 July 2010 ahead of the long term cap to be introduced in April 2011. There is hardly any time left to submit your application if you wish to come under the current immigration rules. You will see further details of the interim cap below:

UK Tier 4 Visas - Easier English language requirements following High Court Victory

English Language schools have won an important High Court Victory which means that the current restrictions which do not allow entry on a Tier 4 visa to study English if you have beginners English will have to end. If these restrictions were allowed to continue this would result in thousands of people losing their jobs and perhaps as much as 600 million pounds in lost income for English Language Schools.


The immigration regulations were introduced by the last UK Labour Government to prevent entry of students with only entry level English into the UK. Many people have considered it to be quite ridiculous that you will firstly need to have quite good English if you wish to come to the UK to learn English. Under the regulations those on short courses were also not allowed to bring in their spouses to the UK.

English UK which represents most English language schools in the UK recently won their appeal in the High Court. Mr Justice Foskett decided that the restrictions were unlawful as they were made by altering guidelines instead of a change of rules in Parliament.

The Chief Executive of English UK Tony Millns had the following to say:

"We are pleased that Mr Justice Foskett saw the merits of our case. We believe his decision is good for the UK economy, to which the English language sector contributes about £1.5bn in foreign earnings each year."

The February regulations followed the attempted bombing of an airline flying to the US by Umar Farouk Abdulmutallab a Nigerian who was educated in the UK.

English UK said that English Language schools did not result in bogus students coming to the UK. The changes have already damaged the English Language School industry in the UK. We are still waiting for a full response from UK Immigration to the ruling. It is possible that the Government will try and bring in restrictions again in future.

US H-1B Visas still available - July 2010 Update

US H-1B visas are one of the most useful temporary US visa categories for entry of professional level specialty workers to the US. In the past many Indian IT specialists have gained entry to the US on the H-1B visa. When the US economy is doing well there is usually a shortage of US H-1B Visas.

At the current time there is still good availability of US H-1Bs. The last H-1B Count was on 9 July 2010