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From 28 October applicants applying for indefinite leave to remain or naturalisation in the UK will be required to demonstrate a knowledge of the English language in addition to the Life in the UK test. Applicants will be required to demonstrate to the UK Border Agency that they have a B1 rating in speaking and listening in accordance with the Common European Framework of Reference. The same exemption rules apply, as on the Life in the UK test, however, some applicants will not need... Read more »

The new Statement of Changes that was released on 6 September 2013 brings about a small number of noteworthy changes to Tier 2 of the Points Based System. These changes will come into effect as of 1 October 2013. Perhaps the most significant change for Tier 2 is the removal of the English language requirement in the Tier 2 (ICT) category . Currently, Tier 2 (ICT) Migrants extending their stay in the UK beyond three years are required to evidence English of at least level A1 on the Common... Read more »

Recently, Lord Ashcroft commissioned a poll of over 20,000 people to discover British attitudes on immigration. The resulting report found that 60% of people believe immigration has produced more disadvantages than advantages for the country as a whole. According to the report, the main disadvantages include the notion that immigrants claim benefits or use public services without contributing toward the cost of those systems, and create an added pressure on school places and health care... Read more »

Registration with the police is a condition of many types of visa for certain foreign nationals over the age of 16 years old who come to the UK. Those required to register must do so within seven days of entering the UK, and any changes that require registering (such as an extension of leave, switch of immigration status, marital status, address or passport change) must likewise be registered within seven days of the change. Those residing outside of the London area will need to register... Read more »

In the Queen's speech of May 2013 the government outlined plans to make landlords' check the immigration statuses of their tenants to ensure that they have a legal right to reside in the UK. This month the British Property Federation (BPF) expressed concerns that such plans are unworkable. The BPF stated that it was unrealistic to expect landlord's to be able to check complex documents without adequate legal training. Anyone who works in the field of immigration and nationality can understand... Read more »

Applicants looking to apply for Leave to Remain under the Tier 4 Student category will now have to provide an 'integrity number' when booking an appointment at the Public Enquiry Office. This new process means that before an applicant can book an appointment they must have completed an application form online and paid for it. This is a change from the previous method in which applicants could book an appointment before filling in a hard copy application form. This can pose many... Read more »

Return of passports for in-country Tier 2 ICT applications: a welcome concession or empty gesture? It seems the UKBA have finally realised the impracticality of its in-country postal submission route, at least for Tier 2 (Intra-Company Transfer) Migrants . A trial solution has been introduced to remedy this burden, however it may not be as helpful an answer as it seems. A pilot passport return service for Tier 2 (ICT) applicants applying in the UK was launched on 22 July... Read more »

An independent report has recently suggested that the UK should consider fingerprinting the thousands of immigrants caught trying to enter the country illegally every year via France. The Independent Commissioner John Vine suggested that the fingerprints could be used for those who later re-entered Britain applying for asylum. "I find it surprising that people attempting to enter the UK concealed in freight vehicles, who are discovered by Border Force, are no longer fingerprinted... Read more »

In an attempt to combat the problem of visitors "over-staying" in the UK beyond their leave, the UK plans to make some international visitors pay a £3,000 security bond on entry. If you don't leave when required, you forfeit your money. Aimed at deterring visitors from 'high risk' countries staying in the UK once their short-terms visas expired, those travelling from India, Pakistan, Sri Lanka, Bangladesh, Ghana and Nigeria (the sixth biggest spenders on luxury goods in the UK) are... Read more »

The controversial Home Office pilot scheme that saw two vans driving around Hounslow, Barking & Dagenham, Ealing, Barnet, Brent and Redbridge last week carting billboards stating " Go Home or Face Arrest " has come to an end, having sparked outrage across communities and among politicians. The advertising campaign cost £10,000 and was designed to tempt illegal immigrants to leave the UK without facing arrest and deportation. The pilot scheme was described by the Home Office... Read more »

A recent case from the High Court has held that the introduction of the requirement for a British citizen to earn £18,600 per year in order to qualify to bring their family member to the UK is an unjustified and disproportionate interference with the ability of spouses to live together and contrary to Article 8 of the ECHR . Subsequent to the determination being issued the Home Office has announced it will suspend making decisions on applications where the financial requirements... Read more »

On 01 July 2013, Croatia joined the European Economic Area (EEA) thereby allowing their citizens to enter and live in the EEA. Unlike most other EEA countries that benefit from free rights of movement, restrictions much like those placed on Bulgarian and Romanian nationals apply to Croatian nationals wishing to come to the UK. What does this mean for Croatian nationals looking to migrate to the UK? It means that from 1 July 2013 you are able to enter freely into the UK and live... Read more »

On 9 July 2013 the government unveiled proposals which should toughen civil penalties against rogue businesses employing illegal migrant labour, but at the same time administrative costs for legitimate employers. The government's consultation on these proposals will run for six weeks, until 20 August 2013. These proposals follow two recent Home Office consultations which took place earlier this month aimed at reducing access to free NHS care as well as rented accommodation for illegal migrants.... Read more »

It has recently been revealed that UK Border control will soon be introducing a new frequent traveler registration scheme, aimed at creating a priority route or 'fast lane' through border control for business visitors to the UK who are able to demonstrate that they have frequently visited the UK prior as a business visitor. The pilot scheme be very limited at first, and will only be available for business visitors who are nationals of the United States, Canada, Australia and Japan. The... Read more »

The eight-year legal battle to deport Abu Qatada finally ended last week when the radical Palestinian-Jordanian cleric accused of terror connections left the UK to return to Jordan on Sunday morning. However, the costly fight was only concluded following the signing of a treaty between the UK and Jordan. The terror suspect has now been charged by military prosecutors with conspiracy to carry out terrorist acts between 1998 and 2000. The ' Treaty on Mutual Legal Assistance in Criminal Matters... Read more »

Detainees at Morton Hall Immigration Removal Centre have been producing handcrafted items to donate to local charities. This initiative forms part of a new voluntary activity scheme run by the Home Office at the centre based near Newark. Last week residents of the centre gave representatives of Age UK Lincoln their homemade goods, which range from glasses cases to mobile phone holders. They will be donated to older people in the surrounding area and the initiative has met... Read more »

With the recent split of Border Force from UKBA and the subsequent loss of Agency status, the failings and criticism of UKBA has been widely reported in the media. Centre to the evaluation of the performance of UKBA since its inception in 2008 is the Independence Chief Inspector of Borders and Immigration (ICI). The role of the ICI was created to provide an independent, external assessment of the Home Office, both in the UK and abroad and reports directly to the Home Secretary. John Vine,... Read more »

Last week it emerged that the UKBA ignored 3,077 leads from the Police National Computer regarding missing asylum seekers. This failing came to light after Home Secretary, Theresa May, requested an investigation into the performance of the UKBA after a report highlighted serious failings at the UKBA. The concept that the UKBA have overlooked thousands of migrants will come as no surprise to those with any experience of dealing with the UKBA, however usually this results in encumbrances to... Read more »

It was reported in Friday's Times that Nadhim Zahawi, a Tory MP and party loyalist was calling for the Prime Minister to consider an amnesty for the 500,000 or so illegal immigrants currently estimated to be in the country. One can understand the superficial attraction of such a scheme, but what a smack in the mouth it would be for the hundreds of thousands of migrants who have obeyed the rules and often been refused on technicalities, or even by simple error on the part of the immigration... Read more »

As the momentum of public opinion builds against the immigration rules relating to family migration , it appears that even some employees of the Home Office would not qualify to bring a foreign national spouse to UK. A quick search of Civil Service job postings indicates that the UK Border Agency are not even paying their staff what they deem to be a sufficient amount to support your family. For example a Caseworker position in Manchester will draw a maximum salary of £17,377, over... Read more »