Immigration Lawyer Blog

The Czech government announced on Saturday that it would be closing its embassy in Costa Rica, as well as four other countries, Congo, Venezuela, Kenya and Yemen.

The closing is part of the Foreign Ministry's budget saving plan. The Czech general consulate also said it would be closing its consulate in Mumbai, India and up to 10 missions.

The opposition Social Democrats have criticized the plans saying they would harm Czech exports.

Tourists will no longer get their visas on arrival in Sri Lanka September 30 onwards except Maldivians and Singaporeans. On Friday, Department of Immigration and Emigration of Sri Lanka announced that it was withdrawing the visa-on-arrival facility for tourists from 79 countries including India, UK, USA, China, Japan and host of European nations. It is from these and West Asian countries that Sri Lanka gets its chunk of tourists.

It means tourists going into Sri Lanka will now have to get their tourist visas stamped from Sri Lankan missions abroad. The decision comes a day after Economic Development Minister Basis Rajapaksa presided over a road show in New Delhi entitled “Sri Lanka as a destination for tourism and investment in its infrastructure” sponsored by the Sri Lanka Tourism Promotion Bureau and the Confederation of Indian Industry (CII). The function was to promote the Island nation as a tourism hub.

But the Lankan government quite clearly has one major problem in issuing visas on arrival – lack of reciprocity. Only citizens from Singapore and Maldives will continue to get their visas on arrival as our citizens are extended the same facility by them. Sarath Kumara said the government was mulling the decision to withdraw the facility as there was no “reciprocity” from 79 countries.

“It should be done on a reciprocal basis. I don’t think it is a big issue. Tourists who plan to come will come,” Sarath Kumara said.

The new rule, however, could mean a drop of tourists coming to Sri Lanka which is just beginning to see an increase in arrival of tourists after decades of civil unrest. Countries like the UK and US only recently amended travel advisories. As for India, according to tourism department data, more than 83500 Indian tourists came to Sri Lanka in 2009 – the largest number from one country to come holidaying in Colombo.

The government will introduce simplified procedures for visa issuance for Hong Kong citizens in the near future, Mainland Affairs Council Chairwoman Lai Shin-yuan said Monday. During a meeting in Taipei to promote economic and cultural cooperation between Taiwan and Hong Kong, Lai said that over the past century, civilian exchanges between Taiwan and Hong Kong have been active, even more so since the beginning of the 21st century, which she said has helped lay the foundation for economic and trade relations between the two sides.

In the aspect of economy and trade, Hong Kong is Taiwan's fourth-largest trade partner, and two-way trade and the number of travelers between the two sides are expected to reach US$38.8 billion and 3 million, respectively, Lai said. Meanwhile, the number of China-based Taiwanese businesses listed on the Hong Kong Stock Exchange has reached 60, and some leading Taiwanese companies now consider Hong Kong as the main place for raising business capital, Lai added.

She noted that with the aim of promoting civilian exchanges between the two sides, the government last year relaxed employment restrictions on Hong Kong students, allowing them to enroll in graduate programs after graduating from local universities, and also began extending the duration of stay on visas for Hong Kong-based Chinese citizens visiting Taiwan.

The government is also seeking to further streamline visa application procedures for Hong Kong citizens, Lai added. Despite the booming exchanges between Taiwan and Hong Kong, there are still some key details related to the exercise of public power to be addressed between the two sides, Lai went on. The meeting was the first of its kind between the Taiwan-Hong Kong Economic and Cultural Co-operation Council (ECCC) and its Hong Kong counterpart, the Hong Kong-Taiwan Economic and Cultural Co-operation and Promotion Council (ECCPC) , since they were set up earlier this year to improve and strengthen relations between the two sides.

Lai said she hopes the two sides will engage in talks on topics of mutual concern and enhance economic and trade exchanges and interaction through the forum. Also present at the meeting were Hong Kong Financial Secretary John Tsang, ECCC Chairman Lin Chen-kuo and ECCPC Chairman Lee Yeh-kwong.

Amid increasing number of students coming to Britain, migration has risen by more than 20 percent last year in the country. Net long-term immigration was 196,000 last year, compared with 163,000 in 2008. The number of visas issued to students rose 35 percent to 362,015 in the year to June, according to the Office for National Statistics.

Increasing number of foreigners have been coming to the country for attending colleges and universities since a points-based system was introduced by the Labour government. But, campaign groups have claimed the system is a loophole, and said that many British students are giving up their plans to pursue further education because of unprecedented places.

Immigration Minister, Damian Green, has announced that there will be a thorough review of the rules. Many students enter Britain, with universities seeing them as a lucrative source of income at a time of cuts to higher education budgets. A recent research showed that a third of universities were preparing to increase the number of foreign undergraduates they admit from September.

Besides enrollment in traditional universities, tens of thousands of foreign students have been admitted to 600 ‘lower tier’ colleges, at which it is easier to gain a place but which are still accredited to hand out bachelor degrees. Last year, it emerged that some of these colleges offered qualifications in subjects such as circus skills, acupuncture and ancient medicine. Many of their students are given the right to work in Britain after graduating. The report said about 4,000 illegal immigrants are also thought to have taken advantage of bogus colleges to slip into the country.

A significantly lower number of people in the southeastern city of Mardin have applied to authorities this year to visit their relatives in Syria during the three day festival after the month of Ramadan, known as Eid al Fitr in Arabic. Officials say the decrease in numbers can be attributed to the mutual waiver of visas between Turkey and Syria in a deal struck earlier this year.
Every year, Turkey and Syria open the Hudut Gate at the Mardin border for visits between the two sides during religious holidays. The governor of the Nusaybin district, Murat Girgin, says 6,000 Turkish citizens are able to enter Syria during the holiday according to a protocol signed with Syria. However, only 2,030 people have applied this year. The application period has now expired.

Murat Girgin said that a total of 2,030 Turkish citizens will visit their Syrian relatives using their identification cards on the second day of the Ramadan holiday and will be able to stay there for 48 hours. Turkish citizens who spend the holiday with their relatives in Syria can bring back up to 300 euros worth of goods through customs.

The Department of Homeland Security is systematically reviewing thousands of pending immigration cases and moving to dismiss those filed against suspected illegal immigrants who have no serious criminal records, according to several sources familiar with the efforts.

Culling the immigration court system dockets of noncriminals started in earnest in Houston about a month ago and has stunned local immigration attorneys, who have reported coming to court anticipating clients' deportations only to learn that the government was dismissing their cases.

Richard Rocha, an Immigration and Customs Enforcement spokesman, said Tuesday that the review is part of the agency's broader, nationwide strategy to prioritize the deportations of illegal immigrants who pose a threat to national security and public safety. Rocha declined to provide further details.

Critics assailed the plan as another sign that the Obama administration is trying to create a kind of backdoor "amnesty" program.

New rules to strengthen Canada’s Temporary Foreign Worker Program were announced today by the Minister of Citizenship, Immigration and Multiculturalism.

Changes that were initially published in the Canada Gazette Part 1 on October 9, 2009 are now being implemented.

“The government is taking action to protect temporary foreign workers, including live-in caregivers, from potential abuse and exploitation,” said Minister Jason Kenney. “We owe it to them, their employers and all Canadians to ensure that the program is fair and equitable. After all, they are an essential element of Canada’s economic success.”

“These changes represent an important step. Temporary foreign workers help the Canadian economy by filling labour needs in sectors where Canadians or permanent residents are not readily available,” said Diane Finley, Minister of Human Resources and Skills Development. “Our government is taking action to improve the integrity of the program while ensuring that these people are afforded the necessary protections.”

Highlights of the changes, which come into effect on April 1, 2011, include:

* a more rigorous assessment of the genuineness of the job offer;
* a two-year prohibition from hiring temporary foreign workers for employers who fail to meet their commitments to workers with respect to wages, working conditions and occupation; and
* a limit on the length of time a temporary foreign worker may work in Canada before returning home.

Employers seeking to hire temporary foreign workers, including live-in caregivers, will now be assessed against past compliance with program requirements before authorization can be granted. Employers found to have violated worker rights may be refused authorization to hire a foreign worker. Canada’s Temporary Foreign Worker Program helps address temporary labour shortages by allowing employers to hire foreign workers when sufficient numbers of Canadian workers are not readily available. Without access to temporary foreign labour, many small businesses would not be able to function and would be forced into insolvency.

From 20 August 2010, as part of a global initiative to streamline processes, the Consular departments of the British Deputy High Commissions across India, including in Mumbai, will no longer be accepting passport applications. After this date, British passport holders should submit their applications to the British High Commission in New Delhi.

The new process will also lead to a change in timelines, in line with global standards and service in the UK. Passports for renewal will aim to be returned to customers in four weeks from the receipt of the correct documentation and fee. First time passport applications are expected to take a minimum of 12 weeks in order to complete all required checks and verifications

Within this period if a British passport holder needs to travel urgently, the Consular office at the British Deputy High Commission in Mumbai and those in Delhi, Chennai, Kolkata and Goa will be able to issue an emergency travel document, provided that the pending application is for a renewal and is not a first time application.

New U.S. legislation that sharply boosts visa fees to pay for tighter border security may play well in some parts of the country, but the applause is faint in Silicon Valley.

The measure, signed into law by President Barack Obama on Friday, is expected to raise operating costs for outsourcing firms that use large numbers of foreign-born employees to serve their U.S. customers. But the biggest impact, critics say, is to increase the perception that America is becoming more protectionist and hostile toward foreigners.

"It's adding to the negativity about America," said Vivek Wadhwa, a visiting scholar at the University of California and research associate at Duke University who studies immigration issues. "The money raised is insignificant and the damage is huge."

Backers of the bill predict the visa fee increase will raise about $200 million a year to help pay for a $600 million appropriation to beef up security on the U.S.-Mexico border. The money is expected to pay for improvements that include hiring more border guards, boosting the number of federal agents and drone aircraft used for surveillance.

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n future if your UK Naturalisation and Citizenship application is refused and you wish UKBA to reconsider their decision you will need to pay a GBP100 fee. Since 6 April 2010 the UK Government has had the power to charge fees for the reconsideration of a refused application for UK naturalization or registration as a British Citizen.
From 1 September 2010 the following changes will come into place:

* You will have to pay a GBP100 fee for reconsideration of a refused UK Naturalisation or Citizenship application.

* If you do not pay the GBP100 for a reconsideration of your citizenship application you reconsideration application will be considered invalid and will be returned.
* If your application for reconsideration is unsuccessful the UK Government will keep the GBP100 fee. If your application is successful GBP80 will be kept to pay for the citizenship ceremony (if relevant). The remaining GBP20 fee paid will be refunded.

UK immigration has announced another review of the UK Tier 4 student visa scheme. There has been a on third increase in student numbers in the twelve months to March 2010:
* For the period to March 2009 there were 235,295 student visas and 24,780 dependants.

* For the period to March 2010 there were 313,011 student visas and 31,385 dependants. This is an increase of 75,000 compared to the previous year.

Immigration Minister Damian Green had the following to say:

"We are committed to attracting the brightest and the best to the UK, and welcome legitimate students coming here for study. However, in the past there has been significant abuse of the student route, and we need to ensure that every student who comes to the UK is genuine. Therefore I am undertaking a thorough evaluation of the student system over the coming weeks and months and I will introduce new measures to minimize abuse and tighten the system further."

The current Coalition Government and the previous Labor Government have been concerned that the UK student visa system has been used in some cases by students who are not genuine students. It was because of these concerns that Tier 4 Student visas were suspended for students from Pakistan and Nepal for a time earlier this year.

It seems quite likely that following the review there will be changes in future making it more difficult to come under the tier 4 student visa scheme. If you wish to come to the UK on a tier 4 student visa you should consider applying soon.

The national and regional director for Africa of South Africa Tourism, Phumi Dhlomo said that Angolan journalists who wish to travel to South Africa for reporting activity, mainly in tourism sector, may benefit from certain facilities, such as visa concession and authorization to work in that Southern Africa country.

The official released this information to journalists, during a meeting in the South African Embassy, with the aim to let know that South Africa wants to cooperate with the Angolan mass media organs on publishing information about the country, mainly concerning tourism.
According to Phumi Dhlomo, the South African government is interested in understanding Angolan mass media, such as, news agency, radio stations, newspapers and television stations to establish partnerships and promote this country, in several areas, as well as a tourism destination.

“We are interested in knowing how well Angolan mass media know South Africa. We broadcast a lot of information in the countries where we work and Angola is one of them chosen for this purpose”, said Phumi Dhlomo. The diplomat informed that the government of his country pointed out tourism sector as priority to strengthen cooperation with Angola.

Malaysia is to abolish the visa-on-arrival (VOA) facility effective Monday (August 16, 2010), Immigration director-general Datuk Abdul Rahman Othman announced today. As such, all foreign nationals requiring a visa to enter the country must apply for it at the offices of Malaysian missions overseas, he said in a statement. He said the Cabinet Committee on Foreign Workers and Illegal Immigrants decided that the VOA facility granted to the nationals of several countries be abolished.

Mr. Othman added that the VOA facility is being abolished because it has been misused and this has had a negative effect on Malaysia.

Deputy Prime Minister Tan Sri Muhyiddin Yassin had announced early this month that the VOA would no longer be issued at the country's points of entry as there had been gross misuse of the facility.

British Ambassador to Kuwait, Frank Baker said recently that since the beginning of the year more than 38,000 visas were issued for Kuwaiti citizens, and an estimated 20,000 tourist visas were issued in the past two months. The ambassador's statements came during a news conference at the Visa Application Centre (VAC). "We are proud of providing good services", the ambassador said, noting that all visas were issued within 48 hours. He welcomed all those applying to study in the UK, stressing the importance of applying for the student visa as early as possible, since processing takes 5-10 working days.

On his part, the Director of the Visa Application Centre (VAC) in Kuwait, Paul Dryden said that the center was keen on issuing as many visas as possible for Kuwaiti citizens, stateless (bedoun), and also third country citizens, as long as all documents were in order. "We will make it as easy as possible," he added. On the other hand, Ambassador Frank Baker referred to the joint security agreement signed between Kuwait and the UK yesterday, and said that both countries have maintained a close security relationship since 1961 after Kuwait's independence. Britain had sent troops to protect Kuwait from the Iraqi threats, and in 1991, it played a major part in the war to liberate Kuwait from the Iraqi seven-month occupation, and again took part in the 2003 war to liberate Iraq and the ousting of the regime of Saddam Hussain.

Security agreements between Kuwait and the UK are very clear, historic and have been stable for a long time. The MOU signed in London yesterday consists of working together in the security field, and UK playing a leading role in advising Kuwait on internal security," he said. The ambassador affirmed that the new UK government, headed by David Cameron, had made it clear that the Gulf area is extremely important to the UK, Kuwait in particular. Therefore; working on boosting relations between the UK and the Gulf region, illustrated in additional exchanged officials visits between the two sides, is of priority.

The Government of Canada is demonstrating its commitment to creating jobs and strengthening Canada’s knowledge economy by making a $600-million investment as part of Canada's Economic Action Plan. Researchers in Quebec and across Canada will benefit from new facilities and equipment, and universities will have more opportunities to develop and attract top scientists. The investment is designed to promote research excellence while continuing to improve Canada's long-term competitiveness.

The federal government will invest in the Canada Foundation for Innovation's (CFI's) Leaders Opportunity Fund (LOF). The fund is designed to help Canada's universities continue to attract and retain the world's best researchers at a time of intense international competition for leading faculty. This funding will enable institutions to strategically set priorities and acquire new infrastructure to support these exceptional researchers and improve labs and facilities. The LOF is meant to strengthen the capacity of Canadian universities, colleges, research hospitals and not-for-profit research institutions to carry out world-class research and technology development that benefits Canadians. The funding announcement was made at McGill University in Montreal by the Honorable Gary Goodyear, Minister of State (Science and Technology), and the Honorable Christian Paradis, Minister of Natural Resources.

Every community has one of those. A San Diego man who federal authorities say defrauded fellow Somali immigrants of several million dollars, some of them losing their life savings, was arraigned Monday on a six-count grand jury indictment.

Mohamud Abdi Ahmed, 40, was charged in federal court with wire fraud and criminal forfeiture, said Assistant U.S. Attorney Valerie H. Chu. He was arrested Friday by FBI agents.

Ahmed owned and operated Shidaal Express, which offered financial services such as check cashing and money transfers to Somali immigrants, with several locations in San Diego, the indictment said. On Nov. 19, 2009, the U.S. Securities and Exchange Commission issued a preliminary injunction shutting down the firm. The company’s assets were frozen.

The commission’s complaint alleged that Ahmed also attracted stock market investors and raised at least $3 million from more than 40 investors in the Somali community in San Diego, Seattle and elsewhere, including at least $200,000 from a San Diego-area mosque. He would promise a return of 5 percent a month.

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