Immigration Lawyer Blog

UK Immigration policy witnessing new changes after the election on new Government. If you wish to join or marry your British citizen spouse or a permanent resident in the UK you will from 29 November 2010 need to pass an English language test with an approved test provider.If you are not an EU citizen you will need to show that you can speak and understand English if you wish to apply under one of the following categories to join your spouse or partner in the UK:

* Husband or wife
* Civil Partner
* Unmarried Partner
* Same-sex Partner
* Fiance/e
* Proposed Civil Partner

Immigration Minister Damian Green had the following to say:

"Speaking English promotes integration into British society and broadens opportunities. The new rules will help ensure that migrant spouses are able to participate in British life from the outset and integrate more easily into wider UK society".

If you wish to come under the current immigration rules you will need to apply in the next four months. From 29 November 2010 you will have to pay for and pass an English test to gain entry as a spouse or partner.

UK Immigration is making or has already made a number of significant changes to the UK tier 4 visa scheme for students:
If you wish to come under Tier 4 (General) on or after 12 August 2010 and will be on a course below NQF Level 6 you must at an English language ability at a minimum of level B1 on the Common European Framework of Reference (CEFR). This excludes Foundation Degree courses or an English language course.

Your Tier 4 sponsor must show the following for you:

* You are from a majority English-speaking country.
OR
* You have successfully completed a course as a Tier 4 (Child) student and were granted permission to remain in the UK while you were still under 18 years of age. The course should have lasted at least six months and should have ended no more than two years before the date when the confirmation of acceptance for studies (CAS) is assigned.
OR
* You have passed an English language test with an approved test provider for Tier 4 visas, and have reached at least CEFR level B1 in all four areas being reading, writing, speaking and listening.

We will continue to provide you more updates on UK Immigration.

The Canadian Government will be providing $300,000 of funding over four years to provide learning opportunities from ethnic groups to help them better participate in Canadian society. This was announced recently by Colin Carrie, Oshawa Member of Parliament on behalf of Immigration Minister Jason Kenney. MP Colin Carrie had the following to say:
"Canada's future depends on all of us growing together through our shared values, history and institutions."

"Through initiatives such as the Civic Awareness Project, we are acting to ensure that this future will be built by all Canadians, including newcomers, as we continue strengthening our proud and democratic society."

Agincourt Community Services Association will help 240 people mainly from the Chinese, Afghani and Somali communities. This will cover the following:
* Learning activities regarding the Canadian democratic process.
* The structure of government.
* The rights and responsibilities associated with Canadian citizenship.
* Leadership Training.

Gael Gilbert, Executive Director of the Agincourt Community Services Association had the following to say:
"For many new Canadians, there are significant roadblocks to full civic participation in Canada, and we aim to address that through the Civic Awareness Project." "We are very pleased that the Government of Canada is supporting this initiative."

Citizenship and Immigration Canada provides support to a number of programs that they feel leads to greater intercultural understanding and to a more equal society.

U.S. Immigration and Customs Enforcement (ICE) is the largest investigative arm of the Department of Homeland Security. ICE is a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities.

Nine people pleaded guilty to charges connected with their involvement in a scheme in central Ohio to arrange marriages between foreign nationals and U.S. citizens. The sentences were announced by the U.S. Attorney's Office and U.S. Immigration Customs and Enforcement (ICE). Brian Moskowitz, ICE special agent in charge of the Office of Homeland Security Investigations in Ohio and Michigan, along with Carter M. Stewart, U. S. Attorney for the Southern District of Ohio, announced the sentences by U.S. District Judge Algenon L. Marbley.
The sentences were imposed on the following individuals:
- Hasan Salohutdinov of Dublin, Ohio, and an illegal alien from Uzbekistan, was sentenced to 15 months imprisonment followed by deportation. He pleaded guilty on April 5, 2010, to one count of conspiracy to commit marriage fraud and on count of presenting false statements to U.S. immigration authorities. Salohutdinov introduced other Uzbeks into the scheme in order that they might pay to engage in sham marriages.
- Dmitry Pani also of Dublin, and an illegal alien from Estonia, was sentenced to one year imprisonment. Pani also pleaded guilty to one count of conspiracy to commit marriage fraud.
- Sviatlana A. Piskunova of Columbus pleaded guilty to conspiracy and sentenced to time served.
- Laura Elizabeth Grace Scott of Columbus pleaded guilty to conspiracy and was sentenced to two years probation which includes six months of home confinement.
- Courtnie Susann Good of Columbus pleaded guilty to marriage fraud and was sentenced to two years probation which includes six months of home confinement with electronic monitoring.
- Elbek A. Saidjanov of Philadelphia, Penn., pleaded guilty to marriage fraud and was sentenced to time served, about seven and one-half months.
- Iskander Odilovich Tairov, of Galloway, Ohio, pleaded guilty to marriage fraud and was sentenced to two years probation.
- Brent James Woods of Columbus pleaded guilty to marriage fraud and was sentenced to four years probation including four months in Alvis House.
- Djafar B. Sobirov of Columbus pleaded guilty to marriage fraud and was sentenced to two years probation.

Pani established an informal "business" to find U.S. citizens who would accept money to enter into sham marriages with aliens for the purpose of evading a provision of the immigration laws of the United States, and to aid and abet in the making of false statements to immigration authorities with respect to those sham marriages in an effort to convince the immigration authorities that they were genuine marriages. Salohutdinov, who had entered into a sham marriage in Illinois, moved to Ohio and came to know Pani. Salohutdinov and Piskunova joined the conspiracy with Pani and arranged sham marriages for certain other aliens that Salohudinov knew of.

The sham marriages typically occurred shortly after the alien and the U.S. citizen met each other, sometimes even the same day. Saidjanov, an alien, came to Columbus from Philadelphia, PA, and paid Pani to arrange a sham marriage on Feb. 9, 2009, with Good. Saidjanov also paid his girlfriend, who is an alien, too, to enter into a sham marriage on the following day. These sham marriages took place at The Columbus Wedding Chapel, in Columbus. After the marriages, Sadijanov and his girlfriend returned to Philadelphia, and did not live with their new American spouses.

"Today's sentences are a reminder that America's legal immigration system is not for sale," said Moskowitz. "ICE will aggressively investigate and bring to justice those who seek to compromise the integrity of that system for personal profit or to avoid immigration laws."
Stewart commended the investigation conducted by ICE agents, and the assistance of the ICE Office of Enforcement and Removal, U.S. Citizenship and Immigration Services, and the Columbus Police Department, and Assistant U.S. Attorney Dan Brown, who prosecuted the case.

The new coalition government will impose a permanent immigration quota next year, promising to cut levels of migration to rates last seen in the 1990s and dramatically reduce the numbers of non-Europeans allowed to live and work in the U.K. It's long been a flagship cause for the country's Conservative Party, which leads Britain's governing coalition and bitterly complained in opposition that unchecked immigration had strained public services, distorted labor markets and fueled social divides.

British Prime Minister David Cameron won much attention on his recent trip to the United States with his program of savage spending cuts. He's also been sharpening his shears on another front: immigration. But business leaders warn the immigration quota could leave the country short in vital industries — leaving some areas without adequate medical staff, stalling efforts to meet deadlines to build new nuclear power stations, and leaving care workers needed for a growing elderly population in short supply.

It means the crackdown will target workers from Africa - who make up the largest group of non-European migrants working in the U.K. and Commonwealth countries such as India, Pakistan and Australia. Citizens of Commonwealth nations lost preferential treatment from Britain on immigration in the 1970s. Americans, who number about 80,000 working in the U.K., will also face new difficulties. Unemployment in Britain stands at 7.8 percent, a slight fall from recent months. But 7.82 million workers are in part-time employment, the highest rate since records began in 1992.

Saudi nationals can now get five-year multiple-entry temporary resident visas to enter Canada. The changes facilitate the movement of students and business people between Saudi Arabia and Canada. Despite the stricter visa controls, the number of Saudis entering Canada on temporary resident visas has increased considerably since 2002. In 2009, Canada granted temporary resident visas to 5,292 new Saudi students and 1,665 Saudi workers in 2009, according to data compiled by Citizenship and Immigration Canada.

Starting in 2002, Saudi nationals were required to apply for temporary resident visas before coming to Canada to visit, study or work, and each visa was only valid for a period of 18 months. These strict visa requirements were imposed on Saudis due to security concerns over fraudulent Saudi passports. Prior to 2002, Saudi nationals could enter Canada without a visa.

There are currently around 8,200 students from Saudi Arabia at Canadian academic institutions, including 750 medical doctors. Two thousand more students from Saudi Arabia are expected to start studying in Canada before 2011. Canada hopes that the more lenient temporary resident visa policy will permit more Saudi visitors, students and workers to enter the country.

Canadian Immigration Minister Jason Kenney announced that the Government of Canada has amended its current immigration procedures to put even greater emphasis on economic recovery and further reduce the Federal Skilled Worker application backlog. The changes, effective immediately, concern the Federal Skilled Worker program, including:

1) a change in the occupations that are currently ‘open’ under this program,

2) the creation of a limit on the number of applications which will be considered by Canadian Immigration Visa Offices, and

3) a change in the documentation required for an application under this program.

These changes do not affect any applications received at the Central Intake Office before June 26, 2010.

Under these updated instructions, an application is eligible for processing if the applicant:

• has at least one year of continuous, full-time (or equivalent) paid work experience in the past decade in a qualifying occupation, which have been identified as the most in-demand occupations in Canada at this time; or
• qualifies for Arranged Employment with a full-time permanent job offer from a Canadian employer.

Applicants who formerly qualified because they had been living in Canada with legal status as a Temporary Foreign Worker or an international student will no longer be eligible under the Federal Skilled Worker program, but may still meet the eligibility criteria of the Canadian Experience Class program.

The former list of 38 qualifying occupations has been amended to include 11 new occupations with 20 previously listed occupations having been removed.

Effective immediately, the following occupations have been added to the list:

0811 Primary Production Managers (Except Agriculture)
1122 Professional Occupations in Business Services to Management
1233 Insurance Adjusters and Claims Examiners
2121 Biologists and Related Scientists
2151 Architects
3113 Dentists
3131 Pharmacists
3222 Dental Hygienists & Dental Therapists
4151 Psychologists
4152 Social Workers
7216 Contractors and Supervisors, Mechanic Trades

Continue reading " Canadian Immigration - Changes announced concerning the Federal Skilled Worker program " »

The number of applicants for asylum in Finland has dropped sharply. This year an estimated 2,000 fewer asylum seekers are expected in Finland than last year. Last year the number of applicants totalled 6,000. Coinciding with this year's drop in applications, the Finnish Immigration Service is also cutting the number of reception center places. Although numbers are down, this could change depending on what kinds of crises are brewing around the world.
About ten new reception centers have been set up in the past couple of years. More recently the Finnish Immigration Service has reduced allocated places at reception centers by 700, and more cuts are expected.

A law took effect this month allowing fast-track processing for asylum applications by citizens of other European Union countries.This has already reduced the number of applicants from Bulgaria. In practice, a citizen from another EU country cannot be granted asylum in Finland.

Angola's Migration and Foreigners Services (SME) have digitalized operations which will enable it issue visas online, PANA reports quoting the Angolan News Agency. Deputy Minister of Interior for Migration, Eduardo Martins, said that 32 Angolan consulates had already been linked in the online operations.

Speaking at a meeting of ministers and governors of the Angolan provinces sharing borders with the Democratic Republic of Congo (DRC), at the weekend in northern Uige province, Martins said 25 more consulates would be linked online next month.

The UK government assured foreign investors that the proposed caps on immigration for economic migrants will not hurt companies seeking to do business in UK, and any changes to the takeover laws will not single out foreign investors.

“The policy will be managed to make sure that foreign investors interests are not harmed,” said secretary of state Vince Cable, at an event announcing UK’s national FDI figures. “The new government was expected to demonstrate that it was managing immigration. We are aware that foreign investors need to bring in high level managers, skills, and have intra-company transfers,” in a first such assurance that overseas investors are not hit by immigration caps. He also clarified that while the independent takeover panel is in the process of reviewing UK’s takeover laws, which were “too permissive in the past, the changes will not be enormous, and it will affect both domestic and foreign companies in the same way.”

The new government has committed to cut non-EU economic migration to ‘thousands’, but a mechanism to implement this policy has yet to be worked out. UK’s takeover laws are currently being tightened, after widespread criticism of the Kraft-Cadbury takeover, which resulted in massive job losses in the UK.

Dubai plans to launch a special visa system to lure talented foreign entrepreneurs as it tries to boost its economy after the global downturn. Under the EntrePass scheme, budding start-ups with high commercial value will be encouraged to set up in Dubai and share knowledge and intellectual property rights with the emirate. Entrepreneurs will have their visa application expedited and be provided with guidance from experts at the Mohammed Bin Rashid Establishment (MBRE) for SME Development in starting their businesses.

In the fourth quarter, MBRE will launch a pilot programme for EntrePass involving 10 entrepreneurs before widening the scheme. Based on a similar system in Singapore, EntrePass is designed as an alternative to conventional business visas. In certain cases, they may also have access to finance through the UAE’s first Sharia-compliant venture capital fund.

“We want Dubai to be the centre for innovative small and medium enterprises [SMEs],” said Alexandar Williams, the director of strategy and policy division at MBRE, an agency of the Department of Economic Development in Dubai. The future of Dubai will rest on nurturing selective foreign entrepreneurs with good ideas to use Dubai as a test bed for development and to build business around it. MBRE plans to select and invite individuals or companies with strong entrepreneurial records to apply for the visa by offering them the promise of guidance throughout the setting-up process. MBRE was launched by the Dubai Government with the intention of supporting the growing number of start-ups in the emirate.

The pass will last between two and three years, enough time for initial businesses concepts to be fully tested and launched. “We are looking at any company with new business models and existing technology that can be adapted to the UAE and that could benefit Dubai through the sharing of intellectual property and knowledge transfer,” said Mr Williams.

The decision to block the new UK immigration restrictions, introduced by former Home Secretary Alan Johnson, has been welcomed by language schools across the country.Rules that would have prevented UK student visa holders moving to the UK unless they had sufficient language skills, have been overturned by a judge.

The ruling came from Mr Justice Foskett, who criticised the fact that the new rules were to be established through changes to existing guidelines. He concluded that the rules should have been legally binding, which would have required them to be approved by parliament.

English UK, a group that represents 440 language schools around the UK, is celebrating the ruling. The group’s chief executive, Tony Milns, said, “We believe that his decision is good for the UK economy, to which the English language sector contributes about £1.5 billion in foreign earnings each year.”

Home Secretary, Theresa May, may choose to make if she still wants to introduce measures to prevent people abusing the UK student visa system. She can either remake Alan Johnson’s rules and make sure the are approved by MPs before being introduced, or she can postpone any changes until the effects of her new cap on non-EU UK immigration are established.

The fees for US visa applications have changed for the second time this year. As a result of the changes announced by the US Department of State, US visa applications for immigrants sponsored by immediate family, will now cost $330. Visa applications on employment-based cases, i.e applications for US work visas, will see fees increase to $720.

The fee changes, which are chargeable from yesterday (13 July 2010) affect all 301 US foreign consular offices as well as other passport and US visas offices serving US citizens. Other visa fee changes were announced on 4 June this year. The increase in fees has been introduced to make sure the rising cost of providing consular services can be met, according to press releases sent to all consular offices.

The changes are the result of an exhaustive cost of service study, which was carried out last summer. The study developed a clearer picture of the cost to the US immigration department of providing its services. The department says it is keen to make sure that costs are met by the service users, rather than by the US taxpayer.

Canadian immigration feels that that the investment requirements are too low. The investment requirements have not changed for more than ten years. The current system attracts more applicants than are required each year under the immigration plan. This has resulted in an increase in processing times. Canadian immigration intends to significantly increase the investment requirements for the immigrant investor program:
* A personal net worth of $1.6M instead of $800,000
* An investment requirement of $800,000 instead of $400,000

Immigration Minister Kenney said: "Canada needs investor immigrants.These changes are necessary to keep Canada's program competitive with that of other countries, and keep pace with the changing economy."

UK Immigration has confirmed that the permanent limit on Tier 1 (General) applications under the points based system will start in April 2011. The interim limit on Tier 1 (General) visas will start on 19 July 2010.
Following are the major changes to the Tier 1 visa system:

* The passmark for the Tier 1 visa (General) will increase from 95 to 100 points from 19 July 2010 for many applicants. This will mean that fewer people will qualify for the Tier 1 (General) visa from 19 July 2010. Further details of people who do not have to come under the higher passmark can be found below.

* There will be a monthly interim limit on Tier 1 (General) visas from 19 July 2010. If in any one month your application is received after the limit is reached you will have to wait and your application will then be considered under the limit for the following month. The good news is that many people are excluded from this limit. Please see further details below.

* If you are already in the UK under the Tier 1 (General) visa and are applying for an extension or you are in the UK under another immigration category and wish to switch to Tier 1 (General) you will not come under the interim limit.

* If you are in the UK in any of the following categories and wish to extend your stay or switch to Tier 1 (General), you will only need to gain the lower points score of 95 points:
- Tier 1 (General)
- Highly Skilled Migrant Programme
- Writers, Composers and Artists
- Self-Employed Lawyers
* If you wish to come under the Investor, Entrepreneur and Post-study work categories of Tier 1 you will not come under the interim limit. There will be no limit on the number of applications that can be made.

* If you are in the UK in an immigration category not mentioned above for example Tier 1 (Post-study work) or Tier 2 visa then you will have to gain the higher 100 points to be able to switch into Tier 1 (General).

* If you are applying for entry at a British Embassy or Consulate from outside the UK you will have to gain the higher 100 points to come under Tier 1 (General).

Hence, if you are affected by the changes in the Tier 1 (General) points system and new Tier 1 limit you should consider applying before 19 July 2010.

Indian professionals took the largest one-third piece of the H1B visa pie in 2009 as Indians made up the second largest group of people making the U.S. their temporary home. Accounting for one-tenth of non-immigrant residents in the U.S., 364,757 Indians were only second to the Mexicans who made up 11.7 percent at 403,793, but 123,002 H1B visa holders from India gave them the largest 36.3 percent share among professionals.

Resident non-immigrant admissions from India actually declined from 425,826 (11.5 percent) as the total decreased 6.8 percent from 3.7 million in 2008 to 3.4 million in 2009, according to the annual flow report issued by the Department of Homeland Security.

H1B admissions from India too declined from 154,726 (37.8 percent) as the total decreased 17 percent from 409,619 in 2008 to 339,243 in 2009, but student admissions rose 3.8 percent from 2008 to 2009, reflecting an increase in academic student entries (F1). The leading countries of citizenship for resident non-immigrant admissions to the US in 2009 were Mexico (12 percent), India (11 percent), Japan (6.6 percent), Canada (6.4 percent), China (5.8 percent), Britain (5.6 percent), and South Korea (5.6 percent). These seven countries accounted for more than 50 percent of resident non-immigrant admissions to the US.

From 2008 to 2009, decreases in resident admissions occurred among eight of the 10 leading countries of citizenship with the decrease from India (14 percent decrease) attributable to workers in specialty occupations, the report said. The leading countries of citizenship for H1B admissions in 2009 were India (36 percent), Canada (6.5 percent), Britain (4.3 percent) and Mexico (4.2 percent).

In 2009, leading source countries for L1 for company transfers included India (16 percent), Britain (13 percent) and Japan (9.9 percent). Forty percent of L1 admissions were accounted for by nationals of these three countries.

All U.S. Consular Sections worldwide will introduce a two-tiered fee structure for nonimmigrant visas. This structured system coincides with a small global application fee increase, designed to balance the costs of recent enhancements to the visa application process.

All applicants for business or tourism (B-1/B-2), crew member (C-1/D), student (F or M), or exchange (J) categories will now pay $140 and receive a white receipt. Petition-based work visas (H, L, O, P, Q, and R categories) will now pay $150 and receive a green receipt. These two receipts will still be purchased at approved Banks branches. K (fiancé) applicants will now pay $350 and will continue to pay their fees at the Consular Section.

Applicants who purchased their receipts before June 4 will pay the balance between the old and new fees at the time of the interview. The previous application fee was $131 for all visas.

A Ukrainian citizen has approached the Bombay High Court against the Ministry of External Affairs, India, challenging a policy that mandates a minimum annual salary of $25,000 (over Rs. 11 lakh) as compulsory requirement for getting an employment visa. On June 3, she made an application to the Indian embassy in Kiev for an employment visa along with all supporting documents of her employer. "Petitioner submits that she was curtly told by the consul officer at the embassy that she would not be granted employment visa as the rule has been introduced from April 2010 mandating a salary in India equivalent to $25,000 per annum for issuance of an employment visa."

It is now mandatory for any foreign worker to have an annual salary above Rs. 11 lakh to get an Indian employment visa. Many companies across the country hire foreigners legally at lower salaries though it's not a publicized fact. Ms. Stelmakh Leonid Lulia, 25, was not granted visa by the Indian embassy in Kiev, Ukraine. She explains that her job at J P Morgan will lapse if she does not join in a week's time. "This is a sensitive constitutional matter on foreigners' right to employment and will have wide ramifications on foreign employees in the Indian services industry," says Prashant Uchil, Stelmakh's counsel.

Mr. Jason Kenney, Minister for Citizenship, Immigration and Multiculturalism has discussed and clarified the various changes which is the part of new Immigration Plan 2010 of Canada.
Canada is adjusting its 2010 immigration plan to put even greater emphasis on economic recovery and further reduce the federal skilled worker backlog.

The government is also proposing new eligibility criteria for the immigrant investor program so it makes an even greater contribution to the Canadian economy. Proposed regulatory changes will require new investors to have a personal net worth of $1.6 million, up from $800,000, and make an investment of $800,000, up from $400,000.

The minister clarified at the outset that these changes were not in any way a reduction of immigration numbers, but a way to bring in more transparency, controls and lastly a speedier more efficient processing system. One of the most important factors contributing to an immigrant’s economic success is the ability to speak one of Canada’s official languages. Under changes to the federal skilled worker program and the Canadian experience class, all new applicants are required to include the results of an English or French language test as part of their application. The language requirements themselves, however, are not changing.

According to the minister, “With the results of a language test, FSW applicants will know before they apply exactly how many points they will be awarded for language ability on the federal skilled worker selection grid. Canadian Experience Class applicants will also know in advance if they meet the minimum language requirements necessary as part of their application.”

He added: “In keeping with the Action Plan for Faster Immigration, processing times are expected to improve because the visa officer simply assigns points based on the language test result instead of taking the time to review a written submission. Finally, many regulatory bodies and industry sectors require language testing or other proof of language assessment, so in taking the test, applicants are one step further on the path to integration into the Canadian labor market.”

On the federal skilled worker category, Canada still receives thousands more applications each year than can be processed and accepted. This is true even when you consider that Canada has the highest relative level of immigration in the developed world, with a quarter million permanent residents admitted every year. Effective immediately, to be eligible to apply as a federal skilled worker, applicants must either have a job offer, or they must have experience in one of 29 in-demand occupations. These occupations were identified through analysis of updated labour market information and consultations with provinces, territories, stakeholders and the public. The government will limit the number of applications considered for processing to 20,000 per year as a way to better manage the supply of applications with labour market demand. Within the 20,000 limit, a maximum of 1,000 applications per occupation will be considered. The limit does not apply to applicants with a job offer.

Arranged employment is one of the six factors under Canada's new points system for selecting immigrants under the skilled worker category. It is essentially a genuine job offer by a Canadian employer that is validated by Human Resources & Skills Development Canada (HRSDC). According to the minister, this category ensures that immigrants are not stuck in the “survival job conundrum” and will be given priority at all times.

The minister also confirmed that there would be a comprehensive review of the provincial nominee program in conjunction with provinces to design a more standardized program that would benefit all provinces. Additionally, the Auditor General has asked for more information on the program as there is a lack of data on whether it meets its objectives and whether immigrants who come in under this program get jobs commensurate with their education and previous careers and lastly whether they move out of the province after landing.