Immigration Minister calls for 'principle of selectivity' in immigration policy

Immigration Minister Damian Green said during a speech delivered yesterday at the Policy Exchange that a 'principle of selectivity' was needed in immigration policy.

He stated: "We need to know not just that the right numbers of people are coming here, but that the right people are coming here. People who will benefit Britain." Read More About This New From UKBA Website.

Postal biometric appointments and residence permit reporting move online

The Home Office, UKBA has now closed their phone line for postal applicants in the UK who want to book appointments to enrol their biometric information. Read More About This News From The UKBA Website.

English language tests for applications under Tiers 1, 2 and 4 of the points-based system

The Home Office, UKBA has made some amendments to the list of approved English language tests for applications made under Tiers 1, 2 and 4 of the points-based system and for spouse or partner applications.

The amendments include:

• the City & Guilds test scores now show 'pass' and there is a separate English language test for spouse/partner applications.
• for City & Guilds tests the documents required for a migrant's application have been amended.
• ETS have changed the way that the scores for their TOEFL ibt (internet based test) map against the Common European Framework of Reference (CEFR).
• the ETS TOEFL ibt (internet based test) now includes scores for spouse and partner applications.
• there is a change to the web address for the TOEIC (The test of English for international communication) English language test.
• Cambridge ESOL (English for speakers of other languages) have amended the title of one of their tests from 'International Legal English Certificate' to 'Cambridge English Legal'.
• for Cambridge ESOL tests the minimum grade requirements are clearer.
• Trinity College tests now have a 2 year expiry date.

You can read more about this news and download the new list of approved English language tests from the Home Office, UKBA Website. 

Tier 2 and 5 applications will move online from 14 February 2012

Tier 1 (Exceptional talent) - new procedure for Arts Council England endorsement

From 3rd January 2012, applicants under Tier 1 (Exceptional talent) of the points-based system must follow a new procedure if they want Arts Council England (ACE) to endorse their application. Read More About This News From UKBA Website.

A right of permanent residence may be acquired only through periods of residence which satisfy the conditions laid down by EU law

Court of Justice of the European Union
PRESS RELEASE No 141/11
Luxembourg, 21 December 2011

A right of permanent residence may be acquired only through periods of residence which satisfy the conditions laid down by EU law.

Periods of residence completed by a national of a non-Member State before the accession of that State to the EU must be taken into account in calculating the five-year qualifying period, provided they were completed in compliance with the conditions laid down by EU law. Read More About This News From eulaws.eu.

Overseas spouses must speak English before arriving in UK, court rules

The high court has upheld a government rule requiring spouses to prove they can speak English before they can join their partners in Britain.

Mr Justice Beatson dismissed a judicial review challenge brought by three couples to the immigration rule, introduced last November, on the grounds that it was racist and would break up their families.

The couples included Rashida Chapti, a British citizen. She has been married for almost 40 years, has six children and divides her time between Leicester and India. Her husband, Vali, wants to join her permanently in Britain but he does not speak, read or write English. Read More About This News Article From The Guardian News Website.

Biometric residence permits – online checks to simplify the process for employers

It will soon be much easier for employers to carry out checks to let them know whether foreign nationals have the right to work in the UK, Immigration Minister Damian Green announced today.

It was also announced that from 29 February 2012 BRPs will be issued to more categories of foreign nationals, including refugees and those granted permission to settle in the UK. Read More About This News From UKBA Website

Changes to appeals against immigration and asylum decisions from 19 December 2011

The Home Office UKBA has announced that the Ministry of Justice will be introducing appeal fee charges for some asylum and immigration appeals from 19 December 2011.

People who want to appeal against a decision notice dated 19 December 2011 or later will need to pay a fee. Read More About This News From UKBA Website.

UK Border Agency attacked for 'dumping' missing cases

The Home Affairs Select Committee said 124,000 asylum seeker and immigration cases had been "dumped" in an archive, with the agency giving up on them. Read More About This News From BBC Wesbite.

Useful Links For Immigration News And Updates

You can visit the following useful websites/Links for latest news and updates about UK immigration, asylum and human rights laws:

Home Office, UKBA News and Updates

The Guardian (Immigration and Asylum News)

Decision By The Supreme Court On Age Limit For Spouses Of Settled Persons

The Supreme Court has given its decision on whether or not the age limit for spouse visa is in accordance with the law. It has been held by the court that the refusal to grant spouse visa to those who are over 18 and under 21 is violation of a person's right to family life under Article 8 of the European Convention on Human Rights and therefore not in accordance with law.

The Home Office, UKBA now has no option but to change the paragraph 277 of the Immigration Rules and remove the age limit of 21 years for spouse visa in order to comply with the decision of the Supreme Court. This is certainly a news of great relief to those who were adversely affected by the introduction of age limit in November 2008.

The Migration Advisory Committee Recommended Changes To The Shortage Occupations List

The Migration Advisory Committee (MAC) has recommended as part of its proposals published on 12 September 2011 that 29 occupations, which in practical terms means 70,000 jobs, on the shortage occupation list should be closed to migrant workers. This means that the current total number of 260,000 posts available to migrant workers on the shortage occupation list will be reduced to 190,000. The occupations that will be removed from the list include vets, biology teachers, obstetrics and gynaecology consultants and orchestral musicians. The Committee also proposes to add a further 33 occupations to the list for which it has identified a shortage in the UK labour market. These include 2D/3D video game and film animators, consultants in emergency medicine, environmental scientists, geochemists and managers involved in decommissioning nuclear power stations. According to The Guardian the actual number of tier-two skilled migrants coming to work in shortage occupations is limited to 20,700 a year, and applications are running at just over half of the limit.

Judgement on carers of British Citizens [case of Ruiz Zambrano (C-34/09)]

Following recent judgement by the The Court of Justice of the European Union (ECJ) in case of Ruiz Zambrano (C-34/09), the Home Office, UKBA has now annonced to make some changes in the EU Regultations 2006 to comply with the findings of the court in case of Ruiz Zambrano (C-34/09).

The Home Office, UKBA have announced that they will amend the regulations in due course to enable a person to be issued with a document confirming that they have a right to live in the UK as a result of the Ruiz Zambrano judgement. However, in the meantime, the Home Office will issue a certificate of application to those who are able to show:

• evidence that the dependent national is a British citizen;
• evidence of the relationship between the applicant and the British citizen; and
• adequate evidence of dependency between the applicant and the British citizen.

This certificate will enable a person to work in the UK while their application is outstanding. Once changes to the regulations are made, the application will be given full consideration and documentation will be issued under the regulations to those who meet the final agreed policy. Read More About This News From The UKBA Website.

Highly Trusted Sponsorship for Tier 4 sponsors – new guidance published

The Home Office UKBA has published new guidance about criteria to become a Highly Trusted Sponsor under Tier 4 category. Read More About This News From The UKBA Website.

Government launches consultation on family migration

On 13 July the Home Office UKBA has launched a new consultation on family migration.  The consultation concentrates on the family route: those non-EEA nationals entering, remaining in or settling in the UK on the basis of a relationship with a British citizen or person settled in the UK. This includes fiancé(e)s, proposed civil partners, spouses, civil partners, unmarried or same-sex partners, dependent children and adult and elderly dependent relatives.

According to the UKBA website, the consultation focuses on stopping abuse, promoting integration and reducing burdens on the taxpayer. Its key proposals include:

• defining more clearly what constitutes a genuine and continuing marriage, to help identify sham and forced marriages;
• introducing a new minimum income threshold for sponsors of partners and dependants, to ensure that family migrants are adequately supported as a basis for integration - the independent Migration Advisory Committee has been asked to advise on what the threshold should be;
• extending the probationary period before partners can apply for settlement in the UK from 2 years to 5 years, to test that relationships are genuine and to encourage integration into British life;
• requiring partners and adult dependants aged under 65 to demonstrate that they can understand everyday English (B1 level on the Common European Framework for Languages) when they apply for settlement;
• exploring the case for making 'sham' a lawful impediment to marriage in England and Wales, and for giving the authorities the power to delay a marriage where sham is suspected;
• working closely with local authorities to ensure that vulnerable people are not forced into marriage; and
• reviewing the full right of appeal for family visitor visas, and inviting views on whether there are circumstances (beyond race discrimination and human rights grounds) in which an appeal right should be retained.

The consultation will run for 12 weeks, until 6 October 2011, and the Home Office UKBA will announce their plans with a view to implementing changes during 2012. Read More About The Consultation From UKBA Website.