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The UK government has set out a timetable for implementation of a new Points-Based system whereby those who wish to come to the UK to work must select a particular tier of the system in which to apply and score a certain number of points in that tier to quality to come to the UK.
The UK Home Office is consulting on proposals radically to simplify UK immigration law. The consultation paper includes a discussion of the Points-Based system being introduced for those coming to work or undertake economic activity in the UK.
In a recent case, the Asylum and Immigration Tribunal (AIT) examined the UK Immigration Rules on entry clearance (a visa) as a working holidaymaker. In particular, they examined the requirement that a working holidaymaker must only take work that is ‘incidental’ to the holiday. The decision of the AIT is of more general importance. It considers how official Home Office and UK visas guidance relates to the Immigration Rules.
In a new case, the UK Administrative court decided that a letter from the Home Office granting an application made in the UK (‘in-country’) for an immigration employment document was not a work permit for the purpose of an application made from abroad.
Ever since the Home Office announced that it wished to introduce a new Points-Based system for migration to the UK it has produced rough time-estimates on when the system will be introduced, stating that it will not be introduced ‘before’ a particular date. Now the government Minister responsible for the Border and Immigration Agency, Liam Byrne MP, appears to have set down a timetable.
The part of the UK Border and Immigration Agency dealing with work permits (previously called Work Permits (UK)) has made changes to the National Shortage Occupation List. This is the list of jobs where it is recognised that there is a shortage of workers within the labour market in the UK and that employers may not be able to fill the post with a UK or European Economic Area (EEA) worker. In such cases, employers do not need to undertake a labour market search to demonstrate that there is no-one within the EEA who can fill the job.
With the substantial increase in fees charged for UK immigration and nationality applications, extra attention is being given to who does not have to pay fees or to the circumstances in which only one fee is payable for more than one application.
From 1 May 2007 the International Graduate Scheme (IGS) will replace the Science and Engineering Graduates Scheme (SEGS).
Since August 2004 people coming to the UK on a visa that identifies them as Ministers of Religion have been required to demonstrate competence in English to the International English Language Testing (IELTS) level 4 or above.
On 1 April 2007 the fees charged for immigration applications in the UK were changed by the Border and Immigration Agency, previously called the Immigration and Nationality Directorate. The Border and Immigration Agency is the part of the UK Home Office dealing with immigration and nationality cases.