HSMP | Gherson

Highly skilled foreign workers must have a Master's degree

On 22 February 2008 the United Kingdom Border Agency's (the "UKBA") website announced dramatic changes to the regime under which migrants can come to the UK to work.

The announced changes were limited to Tiers 1 and 2 of the points based system (which – in contrast to Tier 5 - are the only avenues of the points based system so far in force which lead to settlement in the UK). It was said that from 1 April the Government will:

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Update On The New Immigration Rules- Tier 2 Over Age Dependants

Updated by Gherson on Tuesday 18 November 2008. All Articles | Featured Articles | HSMP | Visa Services

The UK Border Agency has stated that over aged dependants of Tier 2 (ICT) applicants will not be granted permission to enter the UK. This is a marked difference from the previous work permit scheme. This applies even in the case of an over age adult child who is a dependant, due to a disability for instance.

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Update On The New Immigration Rules- Refusal Rates For Tier 1

Updated by Gherson on Tuesday 18 November 2008. All Articles | HSMP

The UK Border Agency has confirmed that the global refusal rate for Tier 1 applications is currently 47%. This rate can only mean a vast increase in both Administrative Reviews as well as Judicial Reviews.

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Assistance to work permit holders in uncertain positions - tier 1 (general) applications

Gherson’ specialist immigration team is on standby to assist individuals who currently have a work permit and who would prefer the security of a Tier 1 (General) visa, which replaced the Highly Skilled Migrant Programme in June 2008.

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Hidden Risk - applying for "extension" of leave under Tier 1 from outside UK

There is a "Hidden Risk" for those with permission to stay in the UK who are thinking

of applying for an "extension" under Tier 1 of the Points Based System from

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Gherson succeeds in cancellation of a civil penalty

Gherson has succeeded in a case where the UK Border Agency had issued a notice of liability for a civil penalty to one of its corporate clients under section 15 of the Immigration and Nationality Act 2006.

The UKBA issued the notice in relation to an employee whose employment had  commenced prior to 29 February 2008, when the civil penalty regime came into  force. The client, a successful and well known UK brand, was at risk of  being 'named and shamed' on the UK BA's website which lists those employers  which have received a civil penalty. This would have had a disastrous impact  on the client's brand and reputation. Gherson argued that under the  legislation, civil penalty notices cannot legally be imposed if the employment commenced prior to 29 February 2008 and UK BA was forced to  accept that this interpretation is correct. Gherson's client had undertaken appropriate pre-employment checks but the employee had provided a forged  identity document.

For further information on employee vetting checks please contact the corporate immigration team at Gherson. Emails can be sent to Kathryn Bradbury at   or by telephone on 020 7724 4488

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UKBA Sponsor Licence guidance to be reviewed following Gherson intervention

SPONSOR LICENSING IN THE CONTEXT OF PREVENTION OF ILLEGAL WORKING MEASURES - SECTION 8 ASYLUM AND IMMIGRATION ACT 1996 (PROSECUTION) AND SECTIONS 15 TO 21 IMMIGRATION, ASYLUM AND NATIONALTY ACT 2006 (CIVIL PENALTIES AND PROSECUTION)

INTRODUCTION

1) On 29 February 2008 the Government opened the Register of Sponsors for employers wishing to apply for a Sponsor Licence. A licence will enable them to sponsor skilled migrant workers when Tier 2 of the Points Based System becomes operational, currently scheduled for Autumn 2008. The Government intends that Tier 2 will replace the current work permit system in its entirety.

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Policy announced to implement HSMP Forum judgment

The UK Borders Agency (the “UKBA”) yesterday published a new policy in the light of the HSMP Forum’s successful application for judicial review of the changes to the qualifying criteria for extensions of leave to remain under the Highly Skilled Migrant Programme (“HSMP”).

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Investors, Tier One ('Investor') Migrants and the need to invest

A new statement of changes in the Immigration rules, called HC607, implemented worldwide the whole of Tier One of the United Kingdom Border Agency’s “points based system”.

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New Tier one rules include concession of 13 May 2008

Under the statement of changes in the immigration rules (HC 607) announced on Monday and which is effective from 30 June 2008, the UKBA has implemented the whole of Tier one of the points based system.

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