Wednesday, September 22, 2010

UK Tier 1 Post Study Work Visa may end

UK Immigration is trying to reduce levels of overall immigration into the UK. Recently the UK Immigration Minister Damian Green has been expressing concerns about the number of students on student visas in the UK.


It seems quite likely that in future it will either become more difficult to come under the Tier 1 PSW visa or it will end altogether. This will mean that far fewer people on Tier 4 student visas will be able to stay in the UK in the longer term.

The Tier 1 PSW visa was brought in by the previous Labour Government to enable students to remain in the UK to work and possibly qualify in future for longer term visas such as the highly skilled Tier 1 (General) visa or Tier 2 work visa. To qualify for the Tier 1 (General) visa you need to have recent work experience. Students who have studied in the UK for some years on a degree are unlikely to be able to qualify for the Tier 1 (General) visa unless they have the opportunity to gain additional work experience under Tier 1 PSW. Because of the UK immigration quota and other changes it is also more difficult to come under Tier 2 (General).

It is not certain if and when changes will occur to the Tier 1 post study work visa. If you wish to come under Tier 1 PSW you should consider applying soon. You may not be able to apply in future.

Danish Green Card remains popular despite reduction in visa duration

The Danish Immigration Service has changed the length of time that a Green Card can be issued from the previous three-years to 18 months.

A person living and working in Denmark under a Green Card residence permit can apply for an extension of up to two and a half years before the expiration of the first 18-month period. A follow up extension can be granted for up to four years.

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The Danish Green Card is a points based system that scores applicants on criteria such as age, European education, and work experience. Denmark hopes that this selection criteria will attract immigrants who are needed by the Danish economy.

Language skills are also important. Applicants are scored on their ability to speak Danish, Swedish, Norwegian, English or German.

Increase in fees likely

A Finance Bill for 2011 has proposed a possible increase in fees for Green Card applications. If this measure is adopted, the new fee will increase from Rs. 8650 to Rs. 50,000 on 01 January 2010.

In the last few years it has become more difficult to gain immigration to other Countries such as the UK, Canada and Australia. People have increasingly been considering immigration to Denmark as an alternative.

UK Immigration Cap under attack from within Government

There is continuing disagreement in the UK Coalition Government between the more pro-immigration Liberal Democrat Government Ministers and Conservative Party Government Ministers. The Liberal Democrat Business Secretary Vince Cable has said that the interim immigration cap is doing "huge damage" to business.

Mr Cable is concerned that some companies may move jobs abroad because of the difficulty in obtaining Tier 2 visas and highly skilled Tier 1 visas for workers from overseas. Mr Cable says that he still wants a permanent cap from April 2011. However, he wants it to be more "flexible".

The official view of the Conservative Party Prime Minister's office is that the cap will still allow "the brightest and best to come to Britain". The Prime Minister' office also had the following to say about the Business Secretary's comments:

"[He had]…raised the concerns of business and the government was aware of those concerns".

"I don't think there is evidence it is doing huge damage to the economy."

The Home Secretary had previously announced that under the interim cap to April 2011 the number of non-EU workers allowed entry to the UK would be reduced by about 5% to 24,100.

The Business Secretary Vince Cable also had the following to say about the current problems in bringing in skilled professional staff into the UK:

"I was talking to people in the City and there were two investment banks that recruit hundreds of people from the non-EU area, Indians and Americans.

"They were allowed only 30-40. They have moved some operations to Hong Kong."

Mr Cable said that he would still support the Coalition Government agreement on the cap. This will mean a permanent immigration cap on non-EU immigration from April 2011. Mr Cable went onto say that he wanted to have a flexible cap that will vary depending on the economic situation. During the General Election campaign the Conservative Party made a manifesto commitment to the immigration cap. The Liberal Democrats opposed the immigration cap.

The Conservative Party Mayor of London Boris Johnson had the following to say about the effect on of the effect on accountancy firms, banks and law firms of the immigration cap:

"[They]…actually find it very, very difficult at the moment to get in some of the people who you really need to keep London's economy going".

The Labour Party's Shadow business secretary Pat McFadden had the following comments to make:

"Vince Cable's comment that the government's proposed immigration cap is doing a lot of damage to British industry is right.

"The idea that a global trading nation like ours should stop talent from overseas coming to work or study here is good neither for our economy nor for our world leading position in education and research. The government is hopelessly at sea on this."

It is hoped that the Liberal Democrat Government Ministers including the Deputy Prime Minister Nick Clegg who supports Vince Cable vies on the immigration cap will have a moderating influence which will at the very least result in a more flexible immigration cap.

Canadian Immigration Minister encourages Chinese immigration to Canada

Immigration Minister Jason Kenney visited Beijing recently one of the stops during his visit to Asia. He mentioned that China was "…the number one source country for immigrants to Canada…" The immigration minister went onto to say:


"Canada has benefited enormously from immigration from China."

Immigration Minister Kenney also had the following say about Chinese visitors to Canada:

The first quarter of 2010 saw China ranked first in visas and extensions issued to visitors.

There were14% more visitors from China in the first quarter of this year compared to the first quarter of 2009.

There were 46% more visitors from China in the first quarter of 2009 compared to the first quarter of 2005.
Immigration Minister Kenney also had the following to say:

"That means more Chinese nationals are visiting their family here in Canada than ever before. With the implementation of the Approved Destination Status, which allows Chinese travel agents to advertise and organize tour groups to Canada, that number will only rise."

There has been a substantial increase in the number of students studying in Canada. There were 50,000 students living in Canada in 2009. This represents an increase in 300% in the number of Chinese students living in Canada in the last ten years. The Canadian immigration minister also had the following to say about Chinese students in Canada:

"We are committed to increasing the number of Chinese students attending Canadian colleges and universities;"

"…and in the course of my visit to Beijing, I made an important announcement about how our government will encourage even more students to study in Canada."

The Immigration minister mentioned that while Canadian Immigration wished to encourage immigration of genuine Chinese students, visitors and immigrants the Canadian Government also wanted to reduce levels of immigration fraud:

"While many consultants do good work, we want people to know that it's not necessary to hire a consultant to come to Canada."

"And with the help of the Chinese government, we want to put a stop to the ones who are engaging in fraud."

The list of cities around the World that the Immigration Minister Kenney included in his trip include, Paris, Delhi. Manila, Canberra and Sydney. This shows that Canada is serious about attracting the right sorts of immigrants from around the World.

Monday, September 6, 2010

US Visa Waiver Scheme ESTA Fee soon

If you are a national of a Country on the US visa waiver scheme you will from 8 September 2010 have to pay a fee of $14 under the Electronic System for Travel Authorization (ESTA). From January 2009 everyone entering the US under the visa waiver scheme needs to apply under ESTA. So far there has been no fee for applying under ESTA.

ESTA takes up to 72 hours (3 days) to process and is valid for up to two years. So you should make sure that you leave enough time for the processing of your application. If you are thinking of visiting the US in the next two years and are a national of a visa waiver Country you should consider applying now and so avoid the new fee.

The visa waiver scheme remains a relatively straightforward option if you wish to visit the US for up to ninety days for business or pleasure. It is much easier to obtain than a full visit visa application made at the local US Embassy or Consulate.

The new $14 fee will be used for the following purposes:

$10 for Travel promotion under the Travel Promotions Act (TPA)

$4 to pay for the cost of administering ESTA.
It could be argued that if there was no fee or if the fee was lower this would do more to encourage tourism. Please note that there is less than a month to go before the new ESTA fee is introduced.

UK Needs Highly Skilled Immigration

Business leaders in the United Kingdom are concerned about a recent proposal to cap highly skilled immigration into the country for workers from outside of the European Union. A recent editorial in The Observer supports the views of business leaders; The immigration cap would be harmful.

The article says the UK economy will lose a valuable source of skill and innovation at a time when the economy is at its most vulnerable.

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"In truth, the cap will restrict only the highly skilled migrants who are most obviously economically valuable. So this is hardly going to assuage public concern about high immigration," the article stated.

Especially since the Worldwide economic downturn in 2008 there have been more concerns about levels of Immigration to the UK. The UK in effect allowed unlimited immigration from the former Eastern Bloc Countries that joined the EU in 2004. For some years there was significant growth in Eastern European migration into the UK and Ireland (which also chose to open its doors to new-member states).

However, it has been immigrants from outside the EU who have taken the biggest hit from the Government's efforts to calm public concerns over immigration. Ironically, it is these same migrants that the UK needs the most. Because of EU Law it is not possible to restrict immigration from most EU Countries.

The new points-based system implemented in 2008 is still one of the more liberal immigration systems in developed countries, but the Government also tends to use the system as a tool in it's efforts to "do something" about immigration. This generally manifests itself by the UK Border Agency tweaking the rules to make it more difficult to enter the UK as a highly skilled migrant or through another route in its four-tier system.

"There are plenty of myths, but little hard evidence that recent immigration has caused significant problems to the UK as a whole", the article said. "On the contrary, the evidence suggests that immigration has, on balance, brought significant economic and social benefits."

Immigration has historically played a large role in enriching a nation's cultural and economic power, especially when the best and brightest are allowed to enter. There are concerns that immigration from outside the EU has now become too difficult and that this will cause problems for the economy in future.

Canada Temporary Work Visas requirements to become tougher

There will be new tougher requirements to come under the Canada temporary worker scheme from 1 April 2011. Canadian work visas are used by employers who are unable to find suitably qualified employees locally and so need to employ overseas nationals on a temporary basis. Canadian Immigration Minister Jason Kenney had the following to say:


"The government is taking action to protect temporary foreign workers, including live-in caregivers, from potential abuse and exploitation."

"We owe it to them, their employers and all Canadians to ensure that the program is fair and equitable. After all, they are an essential element of Canada's economic success."

Human Resources Minister Diane Finley also had some comments to make:

"These changes represent an important step. Temporary foreign workers help the Canadian economy by filling labour needs in sectors where Canadians or permanent residents are not readily available."

"Our government is taking action to improve the integrity of the program while ensuring that these people are afforded the necessary protections."

The changes from 1 April 2011 include the following:

A limit on how long an overseas worker may remain on a Canadian temporary work visa.

Tougher requirements to show that a job offer is genuine.

If the employer has not met agreed requirements with respect to wages, working conditions and occupation there will be a two year prohibition on the employer hiring overseas workers.
The Canadian Government also specifically mentioned the Live-in Caregiver Program in their recent news report. This is a work visa that is also used if there are no suitable Canadians or permanent residents who can fill the vacancies. After you come under the Live-in Caregiver Program you can then apply for Canadian permanent residence.

Australian Immigration needed to deal with 'widespread labour shortages

Australia did not suffer to the same extent as many other Countries during the recent economic downturn in 2008 and 2009. The unemployment rate over the last two years has been between 4 percent and 5.8 percent; Very low compared to most Countries.

The Australian economy is in great need of skilled workers. Many industries including the housing and mining industries are worried that as demand picks up, they will be unable to find the skills they need.

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The Australian housing industry is worried that there will be shortages of skilled overseas workers which will make it difficult for builders to find sufficient skilled labour to meet their needs. According to a recent Housing Industry Association (HIA) report, 13 housing trades were under-staffed in the second quarter of 2010. HIA estimates that 470,000 new homes will need to be built over the next ten years.

The mining industry is also expected to see growth in the near future. Investment in this sector is expected to increase by as much as 50 percent, pushing up wages -- particularly in resource-rich regions of Australia such as Western Australia. The mining industry, like many other sectors in Australia, depends heavily on skilled labour from abroad.

Part of the reason for this new skills shortage is a sharp drop in immigration into Australia during the past year. In the year ending in June of 2010, permanent and long-term immigration into Australia fell by a record 31 percent, a drop of 100,000 arrivals.

As demand for skilled workers heats up, many employers will wish to bring in immigrants under Australia's employer-sponsored immigration schemes. Other sources of immigrants include those already in Australia under the General Skilled Migration programme (GSM) which has influenced other nations' immigration programmes, such as the points based system in the UK.

One of the benefits of the GSM is it's wide range of skilled jobs for which potential immigrants can claim points for immigration to Australia. The so-called Skilled Occupation List (SOL)" includes skilled trades as well as professional occupations. However, it should be noted that since 1 July 2010 the number of occupations under General Skilled Migration has been reduced from 400 occupations to 183 occupations.

Ireland successful in attracting foreign immigrant researchers

According to an article in the Irish Times, Ireland with its relatively open immigration system is more successful in attracting foreign researchers than other European Union countries.

Conor O'Carroll, research director for the Irish Universities Association, said that about 35 percent of PhD students and 38 percent of researchers at major universities in Ireland are foreign. About half of these are from outside the EU, mostly from India, China, and the United States.

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"Recent data from the Irish universities study have shown that it is the quality of institutions and research that is attracting students and researchers here," O'Carroll stated.

Immigrating to the EU in general is relatively easy for scientific researchers, due to fast-track immigration schemes adopted by member nations and the establishment of an EU-wide network of support for third country researchers. However, mobility within the EU is still an issue. Each Country in the EU has it's own immigration system. In comparison the United States is one Country, has one immigration system, and has the largest economy in the World.

"International mobility is now a cornerstone of EU policy," O'Carroll wrote, perhaps alluding to the EU blue card initiative, a plan to make immigration easier and more unified across the 27 member nations for non-EU citizens. The blue card, which has some similarities to the United States green card scheme, would allow third-country nationals and their families to live and work in the EU in highly skilled occupations and enable them to move between member states.

O'Carroll feels that Europe's aspirations for becoming a beacon of scientific research will depend on how it compares to the United States, which is seen as the leader in scientific research.

Over 30,000 United States H-1B visas still available

According to the United States Citizenship and Immigration Service (USCIS), approximately 31,000 H-1B visas are still available for fiscal year 2011. During the boom years there was always a shortage of H-1B visas and it was very difficult for companies to obtain this visa for their foreign employees.

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The United States economy has still not fully recovered from the economic downturn and so demand for H-1B petitions remains low; This provides a good opportunity for companies that have had difficulties obtaining H-1B visas in the past to obtain them now. In 2006, all available H-1B visas were snatched up in a single day.

The H-1B visa is primarily for workers with a bachelors degree or higher (and fashion models) who plan to work for a US employer in specialized, degree level work. H-1B workers may live and work in the United States for a period of up to three years, which may be extended for up to six years. If you meet the requirements for another visa category you may be able to stay longer.

The normal cap on H-1B visa petitions is 65,000 per fiscal year with an additional 20,000 available per year under the H-1B Masters Degree Exemption, which allows the first 20,000 petitions for applicants with a Master's degree or higher to be exempt from the cap.

Below is a table showing the availability of H-1B visas as of 20 August 2010:

Type of Cap Cap Limit Petitions Recieved
Normal H-1B cap 65,000 33,900
H-1B Masters Exemption 20,000 12,600