Thursday, August 12, 2010

UK Immigration Cap will take into account Indian Government concerns

UK Prime Minister David Cameron recently led the largest UK delegation to India since the end of British rule in India. This included the chancellor, George Osborne, Foreign Secretary William Hague, Vince Cable Business Secretary and a number of top businessmen. For the first time ever the British Government has said that they will take into account the views of the Indian Government on UK immigration policy. A Downing Street spokesman had the following to say:


"We want to work with India and other countries to ensure that high-skilled people can still come to Britain. We are going to talk to these countries about how to implement the cap."

The Indian Government has raised concerns about the immigration cap. Indian Commerce Minister Anand Sharma when he visited the UK towards the end of June 2010 had the following to say:

"Our business leaders, professionals and other institutions have stated concerns over this matter. Though we understand the United Kingdom and European Union regulations, but the regime has to be investor friendly and must not come in the way of free movement of investors and professionals."

UK Business Secretary Vince Cable who is a Liberal Democrat member of the UK coalition Government said the following before the trip to India:

"It's no great secret that in my department and [for] me personally, we want to see an open economy and as liberal an immigration policy as it's possible to have".

There has been a great deal of debate in the UK Government about the immigration cap. The members of the Coalition Government from the Conservative Party tend to be tougher on immigration than the Liberal Democrat Government ministers. The temporary immigration cap of 24,100 will increase the processing times for Tier 1 visas and Tier 2 visas.

The Cameron Trade Delegation started with a speech in Bangalore. Cameron commented that the UK should be the "partner of choice" for India. Despite the strong historic links between the two Countries trade between India and the UK is a relatively low GBP11.5 billion a year. During the visit BAE announced a GBP500 million deal to build 57 Hawk trainer jets in India.

Cameron had the following to say in a recent article in "The Hindu" newspaper in India:

"I have come to your country in a spirit of humility. I know that Britain cannot rely on sentiment and shared history for a place in India's future. "

"Your country has the whole world beating a path to its door. But I believe Britain should be India's partner of choice in the years ahead. Starting this week, that is what we are determined to deliver."

Cameron acknowledged the increasing importance of Asia and in particular India when he said the following:

"India's economy is on an upward trajectory. In Britain, we're waking up to a new reality. For centuries my country assumed we could set the global economic pace. But economic power is shifting - particularly to Asia - so Britain has to work harder to earn its living in the world."

UK Naturalisation and Citizenship applications reconsiderations will require a fee

In future if your UK Naturalisation and Citizenship application is refused and you wish UKBA to reconsider their decision you will need to pay a GBP100 fee. Since 6 April 2010 the UK Government has had the power to charge fees for the reconsideration of a refused application for UK naturalization or registration as a British Citizen..

From 1 September 2010 the following changes will come into place:

•You will have to pay a GBP100 fee for reconsideration of a refused UK Naturalisation or Citizenship application.

•If you do not pay the GBP100 for a reconsideration of your citizenship application you reconsideration application will be considered invalid and will be returned.

•If your application for reconsideration is unsuccessful the UK Government will keep the GBP100 fee. If your application is successful GBP80 will be kept to pay for the citizenship ceremony (if relevant). The remaining GBP20 fee paid will be refunded.

UK Marriage and Partner Visas - Certificate of Approval to be abolished

UK Immigration will be abolishing the 'certificate of approval' scheme probably in the next six months. It is currently the case that if you are an immigrant wishing to marry or register a civil partnership you will firstly need to apply for a certificate of approval. The only exception to this is if you wish to marry in an Anglican church.

The UK Courts have decided that the certificate of approval scheme is in breach of Article 14 of the European Convention on Human Rights. The UK Government also says that due to certain Court rulings it has "…weakened the scheme, and it is no longer an effective method of preventing sham marriage…".

Please note that until the certificate of approval scheme is abolished you will still need to apply for permission to marry or register a civil partnership. It is not certain exactly when the scheme will be abolished. Probably it will be abolished towards the end of 2010 or early in 2011. However, this depends on the UK Parliament.

The one year period during which you could apply for a repayment of the certificate of approval fee if this caused you financial hardship ended on 31 July 2010. This covers certificate of approval fees paid between 2005 and 2009.

Even after the 'certificate of approval' scheme is abolished you will still need to give notice of your intended marriage or civil partnership to a designated register office. Abolishing the scheme will benefit thousands of people a year who will be able to more easily remain with their spouse or partner in the UK.

UK Student Tier 4 Visa Review Again

UK immigration has announced another review of the UK Tier 4 student visa scheme. There has been a on third increase in student numbers in the twelve months to March 2010:


•For the period to March 2009 there were 235,295 student visas and 24,780 dependants.


•For the period to March 2010 there were 313,011 student visas and 31,385 dependants. This is an increase of 75,000 compared to the previous year.
Immigration Minister Damian Green had the following to say:

"We are committed to attracting the brightest and the best to the UK, and welcome legitimate students coming here for study. However, in the past there has been significant abuse of the student route, and we need to ensure that every student who comes to the UK is genuine.

"Therefore I am undertaking a thorough evaluation of the student system over the coming weeks and months and I will introduce new measures to minimise abuse and tighten the system further."

The current Coalition Government and the previous Labour Government have been concerned that the UK student visa system has been used in some cases by students who are not genuine students. It was because of these concerns that Tier 4 Student visas were suspended for students from Pakistan and Nepal for a time earlier this year.

It seem s quite likely that following the review there will be changes in future making it more difficult to come under the tier 4 student visa scheme. If you wish to come to the UK on a tier 4 student visa you should consider applying soon.

Australian Immigration still looking for British Skilled Workers

The Australian Government is holding an employment expo in London on 11 and 12 September 2010 to match Australian employers with skilled workers from the UK. The Australian Department of Immigration and Citizenship (DIAC) had the following to say:


"Are you skilled in engineering, medical services, or trades? If so, Australia needs you."

"There is still a critical need for skilled workers across a range of Australian industries. The Skills Australia Needs Expo in London will target the industries most in need of skilled workers, such as the mining, health and construction industries."

"The expo will play host to representatives from major Australian employers and governments from all Australian states and territories. Participants will be able to find out more about possible career pathways down under."

The Australian Expo Program first started in 2005. So far there have been 23 Australian employment expos with eight in the UK. The main features of the 2009 employment expo were as follows:

•38 exhibitors including Australian employers, Government organisations and relocation service companies.


•More than 1800 people with skills in demand in Australia visited the Australian Expo.
Australian DIAC went on to say the following:

"The last expo was a big success for both industry representatives and people attending: 90 per cent of participants said they would recommend future expos to friends, while 80 per cent thought they might have met a suitable sponsor for migration to Australia as a result of the expo."

There is still good demand in Australia for skilled immigrants. Immigration to Australia based on employment is certainly worth considering.