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Changes to British nationality applications made outside the UK
From 16 July 2012 if you are applying for British nationality from outside the UK you must send your application form to:
UK Border Agency
PO BOX 306
Liverpool
United Kingdom
L2 OQN
From 16 July you cannot submit your application for British nationality to the British High Commission or British Consulate in your country. READ MORE ABOUT THIS NEWS FROM THE UKBA WEBSITE.
Changes to applications from overstayers
From 1 October 2012 if you have overstayed your leave by more than 28 days any application for further leave will be refused. This change in the Immigration Rules will affect applicants applying for further leave under:
- the points-based system;
- all working and student routes;
- visiting routes;
- long residency routes;
- discharged HM Forces; or
- UK ancestry routes.
This change is in line with the new immigration rules coming into effect for the family migration route from 9 July 2012.
If you have limited leave to remain you must ensure you apply to extend your leave, if needed, in time. If you wish to remain in the UK after the 28 day period you should leave the UK and reapply for a visa.
Family migration changes announced
Today (11 June 2012) the Government has announced changes to the Immigration Rules for non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK on the family migration route. The new Immigration Rules will also unify consideration under the rules and Article 8 of the European Convention on Human Rights, by defining the basis on which a person can enter or remain in the UK on the basis of their family or private life.
Most of these changes will apply to new applicants from 9 July 2012.
The changes are part of the Government's programme of reform of the immigration routes and follow wide consultation and expert advice from the Migration Advisory Committee. The changes include:
- introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, fiancé(e) or proposed civil partner, of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
- publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues;
- extending the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship;
- abolishing immediate settlement for migrant spouses and partners where a couple have been living together overseas for at least four years;
- from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt;
- allowing adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor; and
- restricting family visit visa appeals, initially by narrowing the current definitions of family and sponsor for appeal purposes, and then, subject to the passage of the Crime and Courts Bill, which was published on 11 May 2012, removing the full right of appeal against refusal of a family visit visa.
Removing full right of appeal for family visitors
A clause in the Crime and Courts Bill, published today, will remove the full right of appeal for those applying to enter the UK as a family visitor. Subject to Parliamentary approval and Royal Assent, this change is expected to come into force by 2014. Refused applicants will still be able to appeal on limited grounds of human rights or race discrimination. Read More About This News From The UKBA Website.
Changes to the Immigration Rules
Today, Thursday 15 March 2012, a written ministerial statement has been laid in Parliament outlining a number of changes to the Immigration Rules.
Most of the changes will come into effect on 6 April 2012. Some of the changes to Tier 2 will affect those who were granted leave after 6 April 2011. READ MORE ABOUT THIS NEWS FROM THE UKBA WEBSITE.
Home Secretary announces UK Border Agency will be split in two
Home Secretary Theresa May has announced that the UK Border Agency will be split in two, news media report.
BBC News says the move follows revelations that hundreds of thousands of people were let into the country without appropriate checks.
According to BBC News, under the new arrangements, immigration policy work will be separated from operational duties and the UK Border Force will become a separate law-enforcement body with its own distinctive "ethos".
The Guardian reports that an official inquiry report found that poor communication, poor oversight and confusion among ministers and senior officials lay at the heart of last summer's border checks fiasco.
New immigration fees proposed
Immigration minister Damian Green has issued a written ministerial statement proposing an increase in visa fees, and an increase in UK-based visa application fees.
The proposals will be laid in Parliament in 2 separate regulations and, subject to Parliamentary approval, the government hopes to bring the new fees into force from 6 April 2012. Read More About This News From The UKBA Website.
Changes to Tier 1 application requirements
UKBA has revised the guidance notes for all Tier 1 categories, and made changes to the Tier 1 (Entrepreneur) application form for use by applicants who are already in the UK.
From 13 February 201,2 the Home Office, UKBA have revised the guidance notes for all Tier 1 categories, and made changes to the Tier 1 (Entrepreneur) application form for use by applicants who are already in the UK. Read More About This News From UKBA Website.
New student rules to welcome the brightest and best while tackling abuse
New rules will come into force within weeks to cut abuse of the student visa route and ensure that only the brightest and the best students can stay and work in the UK, Immigration Minister Damian Green announced today (13 February 2012). Read More About This News From The UKBA Website.
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
Changes to the Immigration Rules have today i.e. 19 January 2012, been laid before Parliament that will enable applicants applying under Tier 2 and 5 and their dependants who are in the UK to apply online for permission to stay (further leave to remain) in the UK. This service will be launched on 14 February 2012. Read More About This News From Home Office, UKBA Website.
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.