Command Paper 7701, presented to Parliament by the Secretary of State for the Home Department on 9th September 2009, makes important changes to the sole representative immigration category, which has until now remained unaltered despite the wholesale changes to other business immigration routes which have characterised the implementation of the UK government's Points Based System.
From 12 May 2004 Kenyans and Tanzanians have to apply for transit visas in order to travel through the UK.
Up until that date nationals of those two countries had to obtain visas in order to visit the UK, but if they were staying in the UK for less than 24 hours on their way to another country, then they were permitted to pass through for that short period without the need for applying for and obtaining a visa. The requirements have now been tightened and visas are required even for a stopover in the UK.
The new requirements apply to all Kenyan and Tanzanian nationals who intend to travel through the UK in transit, unless they qualify for an exemption.
On 1 May 2004 changes to the law came into effect to prevent the employment of illegal workers. [The relevant legislation, Section 8 of the Asylum and Immigration Act 1996, has been amended to reflect the new provisions.] This means that since that date employers are required by law to undertake new checks before employing an individual.
What is the new law all about?
It is now essential for all employers in the UK to make the necessary new checks to ensure that the person they are considering employing is allowed to work legally in this country. Failure to do so will place the employer at risk of committing a criminal offence, so it is therefore vital that employers are aware of the responsibility on them and that they know how to discharge that responsibility adequately and confidently.
Notwithstanding there is already a positive obligation on airlines to transmit passenger data in advance of departure from the UK, new measures on the type of information to be provided were agreed to in Brussels on 31 March 2004. Airlines will now have to provide details of passenger information to immigration authorities which will be designed to help tackle immigration problems, international crime and combat terrorism.
The Home Office Minister for Organised Crime Reduction and European Issues, Carolyn Flint stated:
'We must intelligently use our intelligence. It is right we make the most of information collected at our borders by making it available to immigration authorities and law enforcement agencies across the EU.
Plans have been unveiled in the Scottish Parliament to set up a Relocation Advisory Service which is to assist in tackling the population decline. In addition the Scottish parliament have set out a 'Fresh Talent' initiative which includes changes to the UK immigration system which will allow for flexibility in respect of work permits and student visas within Scotland.
Under the current rules students can only stay until the October in the year that they graduate. Under the Fresh Talent initiative students will be allowed to stay and work for up to two years after graduation. It will give many overseas students the opportunity to combine post-graduate study with work experience, although students will be able to seek any type of work during this period and will not be limited to the area of their study.
On 5 August 2004, the UK Passport Service (UKPS) published new requirements for passport photographs in order to comply with international harmonised standards for use at border controls and passport, visa and identity card issuance adopted by the International Civil Aviation Organisation (ICAO) in May 2003. In line with the ICAO blueprint, all passport applications must include two identical recent photographs that are clear and in sharp focus. In addition to the technical guidelines as to size, background colour, quality and composition, the new specifications insist on the bearer having a neutral expression with their mouth closed, their eyes open and clearly visible, and their face and head uncovered (unless a head covering is worn for religious reasons).
There have been some recent changes in the length of time granted to foreign national children wishing to attend school in the United Kingdom.
The amount of time (or leave) granted depends, in part, upon the age of the child:
Primary school age children should normally be granted leave for the duration of their primary school education, up to the age of 11.
Pre-GCSE and GCSE age children (11 to 16) should normally be granted leave for the duration of that part of their education, up to the age of 16.
A-level students (16 to 18) should normally be granted leave for their A-level education, up to the age of 18.
Changes to the Immigration Rules were laid before Parliament on 12 January 2004 to take effect on the 13 January 2004.
The change to the Investors rules will mean that Investors with a personal net worth of at least Â
£2 million are able to use loaned funds from an authorised financial institution (AFI) to invest in the United Kingdom. The onus will be on the applicant to demonstrate their personal net worth. This can be done through the facility letter of the AFI and through original evidence of some of their assets and liabilities. The calculation of the applicants personal net worth will include illiquid assets such as property, offshore trusts and assets held by the applicant's spouse, either jointly or in the spouse's own name if they are both coming to the United Kingdom.
Changing Immigration Status While in the United Kingdom ("Switching")
"Switching"
"Switching" is where a non-EEA national, legally in the United Kingdom, changes immigration status from one immigration category to another.
New Regulations
As of 1 October 2004, tighter rules to prevent temporary migrants in the United Kingdom from "switching" to permanent employment were introduced.
Nationals from non-EEA countries may apply to switch into work permit employment without leaving the United Kingdom provided they satisfy the relevant criteria and have existing leave as:
- A student and have successfully graduated at a UK higher or further education institute; or
- A postgraduate doctor or dentist or trainee general practitioner; or
- A student nurse; or
- A working holidaymaker who has been in the UK at least 12 months; or
- A participant on the Science and Engineering Graduate Scheme; or
- A Highly Skilled Migrant; or
- An Innovator
Postgraduate doctors, dentists, trainee general practitioners and student nurses may only switch into work permit employment as a doctor, dentist, general practitioner and nurse respectively.
Nationals from non-EEA countries may apply to switch into the Highly Skilled Migrant and Innovators categories without leaving the UK provided they have existing leave as:
- A work permit holder; or
- A student who has graduate at a UK higher or further educational establishment; or
- A working holidaymaker; or
- A postgraduate doctor or dentist or trainee general practitioner; or
- A participant on the Science and Engineering Graduate Scheme.
Participants on the Highly Skilled Migrant Programme may switch into the Innovators category, and vice versa.
Exceptional Circumstances
Switching from categories other than these stated, such as visitor will not be allowed, other than in exceptional circumstances. These circumstances will be assessed by a caseworker on a case by case discretionary basis. Circumstances relating to the job, employment and labour market will not be accepted as exceptional circumstances. Only circumstances relating to the individual which would make it unduly harsh for them ton return to their country of residence may be considered as exceptional.
Timeframe
These rules apply to all Further Leave to Remain Applications (FLR) made using the FLR (IED) application form submitted on or after 1 October 2004.
Exclusions
These new rules will now exclude non-EEA nationals in the UK on a Sectors-Based Scheme permit will no longer be allowed to switch into work permit employment.
For further information, please visit the Immigration & Nationality Directorate website, www.ind.homeoffice.gov.uk.
As of 1st January 2005 decision-makers considering asylum or human rights claims will be required to take into account certain behaviour as damaging a claimant's credibility. A claimant's credibility will be damaged if they:
- fail to produce a passport
- produce a document which is not a valid passport
- destroy a passport or a ticket
- fail to answer a question asked by a deciding authority.
Decision makers will also be required to take into account the fact that a claimant had the opportunity to claim asylum in a safe country but did not.